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Thursday, July 28, 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, July 28, 2022, at 6:05 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:
Chief Mills provided anupdateon the City' s efforts to addresshomelessnessandassociated issues.
ACCEPTANCE OF THE AGENDA:
By consensus, the City Council voted to remove Consent Calendar Item No. 1G for separate discussion, delete Item No. 3C from the agenda, and to record Mayor Middleton' s " No" vote on Item 1J.
REPORT OF CLOSED SESSION:
The Regular Closed Sessionof the City Council of July 28, 2022, was called to order by Mayor Middleton at 3:30 p.m., with all members present.
The meeting convened into Closed Session to discuss the following items as listed on the Regular Closed Session Meeting Agenda; City Attorney Ballinger reported that the City Council took action to appoint Assistant City Manager Teresa Gallavan as Interim City Manager, with an effective date consistent with City Manager Clifton' s departure; engagedthe Human Resources Department to initiate recruitment to fill the vacancy:
City Council Minutes July 28 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)( 1):
Under existing facts and circumstances, there are three (3) matters the City Council has decided or may decide to initiate litigation.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION, Pursuant to Government Code Section 54957. 6
Name of cases:
Downtown Revitalization. City of Palm Springs. PW Case No. 2017- 004 Kimpton Hotel, City of Palm Springs, PW Case No. 2017- 003 Virgin Hotel, City of Palm Springs, PW Case No. 2017- 002 CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54956. 8
Property Description:
Agency:
City Negotiator:
Negotiating Parties:
Under Negotiation:
PUBLIC TESTIMONY:
Lauren Wofler
Cindy Burreson
Greg Rodriguez
Jenny Foe
2990 E. Tahquitz Canyon Way (APN: 502- 143-004)
Palm Springs, CA
City of Palm Springs
Justin Clifton, City Manager
Tahquitz Housing Associates, LP
Price andTerms of Payment for Real Property Covenants
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. I G for separate discussion, and Item I for separate vote.
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City Council Minutes July 28 2022
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 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 asa result, 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. APPROVAL OF MINUTES
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED5-0 to approvetheCity CouncilMeetingMinutesof January13, 2022.
C. RECEIVE AND FILE BOARD AND COMMISSION MEETING MINUTES
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED5-0, to receiveandfile BoardandCommissionmeetingminutes.
D. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to Adopt Resolution No. 2$040 entitled, " A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 06- 11-22 AND 06- 25-22 TOTALING $ 3, 977, 979. 31 AND ACCOUNTS PAYABLE WARRANTS DATED 06- 09-22 AND 06-23-22 TOTALING 6,662, 784. 46, IN THE AGGREGATE AMOUNT OF $ 10,640, 763. 77, DRAWN ON BANK OF AMERICA."
E. TREASURER' S INVESTMENT REPORT AS OF FEBRUARY 28, 2022, MARCH 31, 2022, AND APRIL 30, 2022
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED5-0, toReceiveandFileTreasurer'sInvestmentReportasofFebruary 28, 2022, March 31, 2022, and April 30, 2022.
F. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF NNE 1 THROUGH JUNE 30, 2022
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of June 1 through June 30, 2022.
G. UPDATE ON STRATEGIC PRIORITIES
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City Council Minutes July 28, 2022
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5- 0, to provide direction to Staff as appropriate.
H. RESOLUTION DECLARING SUPPORT FOR THE SALTON SEA
MANAGEMENT PROGRAM TO REVIEW AND CONSIDER THE IMPACTS OF
THE GREENHOUSE GAS EMISSINOS DURING THE COMPRENSHENSIVE
ANALYSIS OF WATER IMPORT ALTERNATIVE AS PART OF THE LONG-
TERM SOLUTION FOR THE SALTON SEA
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5- 0, to adopt a Resolution No. 25041 entitled, " A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING ITS SUPPORT FOR THE SALTON SEA MANAGEMENT PROGRAM
TO REVIEW AND CONSIDER THE IMPACTS OF GREENHOUSE GAS EMISSIONS
DURING THE COMPREHENSIVE ANALYSIS OF WATER IMPORT
ALTERNATIVES AS PART OF THE LONG- TERM SOLUTION FOR THE SALTON SEA."
I. A DOPTION OF A RESOLUTION RELATED TO 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 WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5- 0, to:
Adopt a Resolution No. 25042 entitled, " A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVERTURNING THE
PLANNING COMMISSION' S DECISION TO DENY AND APPROVING 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 THE FRONT YARD SETBACK OF 10 FEET AND A MAXIMUM BUILDING HEIGHT OF 23. 6 FEET ON AN UNDEVELOPED HILLSIDE PARCEL LOCATED AT 310 WEST CRESTVIEW DRIVE, ZONE R- 1-C, SECTION 27 ( CASE 3.4215 MAJ & CASE 7. 1632 AMM)."
J. ADOPTION OF A RESOLUTION RELATED TO 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- City of Palm Springs Page 4
City Council Minutes July 28, 2022
SQUARE - FOOT SINGLE- FAMILY RESIDENCE WITH A 10- FOOT FRONT YARD SETBACK AND A 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 WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 4- 1, MAYOR MIDDLETON VOTED NO, to Adopt a Resolution No. 25043 entitled, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, OVERTURNING THE PLANNING COMMISSION' S
DECISION TO DENY AND APPROVING 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 THE FRONT YARD SETBACK OF 10 FEET AND A MAXIMUM BUILDING HEIGHT OF 25. 8 FEET ON AN UNDEVELOPED HILLSIDE PARCEL LOCATED AT 322 WEST CRESTVIEW DRIVE, ZONE R- 1-C, SECTION 27 ( CASE 3. 4216 MAJ & CASE 7. 1633 AMM)." K. REQUEST BY PILOT TRAVEL CENTER, LLC, FOR A RESOLUTION OF
PUBLIC CONVENIENCE OR NECESSITY ( PCN) TO PERMIT A LIQUOR LICENSE ( TYPE 20) WITHIN CENSUS TRACT 445. 24 TO ALLOW THE SALE
OF BEER AND WINE FOR OFF - SITE CONSUMPTION AT AN EXISTING
CONVENIENCE STORE/ GAS STATION AND TRUCK STOP LOCATED AT 6605 NORTH INDIAN CANYON DRIVE
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to Adopt a Resolution No. 25044 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 -AN ALCOHOLIC BEVERAGE CONTROL LIQUOR LICENSE TYPE 20) FOR THE PILOT TRAVEL CENTER LOCATED AT 6605 NORTH INDIAN CANYON DRIVE, WHICH IS WITHIN CENSUS TRACT NUMBER 445. 24 ( CASE
5. 1278- PCN)."
L. APPROVE PROFESSIONAL SERVICE AGREEMENT NO. A9173 WITH ARCHITECTURAL RESOURCES GROUP, INC. FOR PLAZA THEATRE
DESIGN SERVICES
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5- 0, to:
1. Approve Professional Service Agreement No. A9173 — Plaza Theatre Design Services — with Architectural ResourcesGroup, Inc., in the amount of $1,047,994.
2. Authorize the City Manager or his designeeto executeall necessarydocuments.
M. ACCEPTANCE OF THE CITY HALL AND POLICE DEPARTMENT COOLING TOWER REPLACEMENTS, CITY PROJECT 20- 22
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City Council Minutes July 28 2022
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5- 0, to:
1. Accept the public works improvement identified as City Hall andPolice Department Cooling Tower Replacements, City Project 20-22, ascompleted in accordancewith the contract documents.
2. Authorize the City Engineer to execute and file a Notice of Completion for recordation with theRiversideCountyRecorderfor theCity Hall andPoliceDepartmentCooling Tower Replacements, City Project 20-22.
N. APPROVE A CONTRACT SERVICES AGREEMENT WITH INNOVATIVE
ELECTRONICS DESIGN ( IED) SUPPORT SERVICES, LLC FOR THE PAGING
AND PUBLIC NOTIFICATIONS SYSTEM AT THE PALM SPRINGS
INTERNATIONAL AIRPORT
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5- 0, to:
Approve a contract service agreement with IED Support Services, LLC in an amount not to exceed $141,685 for a three-year term commencing on August 1, 2022 and ending on July 31, 2025.
2. Authorize the City Manager or his designeeto executeall necessarydocuments.
0. APPROVE CONTRACT CHANGE ORDER NO. 1 TO ELECNOR BELCO ELECTRIC, INC., FOR THE HIGHWAY SAFETY IMPROVEMENT PROJECT CYCLE 7), FEDERAL - AID PROJECT NO. HSIPL- 5282 ( 046), CITY PROJECT NO. 15- 32
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5- 0, to:
Approve Contract Change Order No. 1 in the amount of $ 213, 378. 22 to the construction contractAgreement No. A8583 with Elecnor Belco Electric, Inc., for the Highway Safety Improvement Project (Cycle 7), Federal -Aid Project No. HSIPL- 5282 (046), City Project No. 15- 32.
2. Authorize the City Manager to execute all necessary documents.
P. REQUEST BY ROBERT HOWARD AND LISA HOWARD, OWNERS, FOR
APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR 360 CABRILLO ROAD UNIT 201, A CONTRIBUTING
STRUCTURE IN THE RACQUET CLUB COTTAGES WEST HISTORIC
DISTRICT ( APN 9504- 131- 042 ( RSPB # 88 / HD- 3)
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5- 0, to:
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City Council Minutes July 28, 2022
1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs, Robert Howard, Lisa Howard, 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.
Q. REQUEST BY BARBARA MALOTT KIZZIAH TRUST, OWNER, FOR
APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR THE GEORGE GILMAN RESIDENCE, A CLASS 1
HISTORIC SITE LOCATED AT 574 WEST MARISCAL ROAD ( APN # 504- 281- 012) ( RSPB # 142)
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5- 0, to:
1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and The Barbara Malott Kizziah Trust.
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement with the County of Riverside.
R. AWARD A CONSTRUCION CONTRACT TO ALFARO COMMUNICATIONS CONSTRUCTION, INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $ 3, 807, 125. 26 FOR PALM CANYON DRIVE PEDESTRIAN AND BICYCLE SAFETY ENHANCEMENTS, CITY PROJECT 17- 07
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5- 0, to:
1. Award a construction contract to Alfaro Communications Construction, Inc., a California corporation, in the amount of $ 3, 807, 125. 26 for the Palm Canyon Drive Pedestrian and Bicycle Safety Enhancements, City Project No. 17-07.
2. Authorize the City Manager to approve and execute an agreement for project managementand inspection servicesfrom approved `on -call' engineering servicesfirms in an amount not to exceed $ 175, 000.
3. Authorize the City Manager to executeall necessarydocuments.
S. APPROVAL OF SPECIFICATIONS AND ESTIMATE, AND AUTHORIZATION TO BID THE 2022 PAVEMENT REHABILITATION PROJECT, CITY
PROJECT NO. 22- 08
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5- 0, to: Approve the Specifications and Estimate and authorize Staff to advertise and solicit bids for the 2022 Pavement Rehabilitation, City Project No. 22-08.
IT.
PURCHASE OF LIBRARY BOOKS WITH BRODART CO. FOR A FIVE- YEAR, NOT - TO - EXCEED AMOUNT OF $ 700, 000
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City Council Minutes July 28, 2022
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5- 0, to: Authorize the City Manager to execute all necessary documents.
U. PURCHASE OF LIBRARY DOWNLOADABLE DIGITAL MEDIA WITH
OVERDRIVE, INC. FOR A FIVE- YEAR, NOT - TO - EXCEED AMOUNT OF 250, 000
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to: Authorize the City Managerto executeall necessarydocuments.
V. PURCHASE OF LIBRARY MEDIA MATERIALS WITH MIDWEST TAPE, LLC FOR A FIVE- YEAR, NOT - TO - EXCEED AMOUNT OF $ 500, 000
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to: Authorize the City Managerto executeall necessarydocuments.
W. APPROVE A ONE- YEAR SERVICES AGREEMENT WITH NEOGOV FOR
HUMAN RESOURCES MANAGEMENT AND PAYROLL SOFTWARE SYSTEM
SERVICES
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5- 0, to:
1. Approve a one-year Services Agreement with Governmentjobs. com, Inc. DBA ' NEOGOV, for Human Resourcesmanagementandpayroll software systemservices in an amount not to exceed $ 102, 564.
2. Authorize the City Manager to executeall necessarydocuments.
2. PUBLIC HEARINGS: NONE
3. BUSINESS & LEGISLATIVE:
A. PALM SPRINGS NAVIGATION CENTER UPDATE
City staff gave update to receive and file.
B. REQUEST FOR FUNDING SUPPORT FOR GUARANTEED INCOME PILOT
PROGRAM
Staff explained staff report and Council to direct Staff as appropriate.
C. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS PROHIBITING ANNUAL RESIDENTIAL REAL PROPERTY RENTAL ' RATE INCREASES THAT EXCEED TEN PERCENT ( 10%) OR FIVE PERCENT 5%) PLUS THE LOCAL CONSUMER PRICE INDEX, WHICHEVER IS LOWER City of Palm Springs Page 8
City Council Minutes July 28, 2022
DELETED FROM THE AGENDA
D. REVIEW OF THE PALM SPRINGS INTERNATIONAL AIRPORT MASTER
IPLAN SCOPE OF WORK
By consensus, the City Council agreed to approve the Palm Springs International Airport Master Plan scopeof work and authorize Staff to proceed with the issuanceof a Request for Qualifications and Proposal.
PUBLIC TESTIMONY ( NON - AGENDA ITEMS):
Michelle Nobleman
David Schreiner
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT:
Mayor Pro Tern Garner gave a memorial honor to Clemencia Ramoran.
City Manager Clifton gives update on upcoming agendadates.
ADJOURNMENT: 8:20 p.m.
Respectfully submitted,
Brenda ree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: 11/ 28/ 2022
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