a
Thursday, October 17, 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.
CALL TO ORDER:
A RegularMeeting of the Palm SpringsCity Council wascalledto orderby Mayor Middleton on Thursday, October 17, 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: Gallavan, Interim City Manager, Jeffrey Ballinger, City Attorney; Brenda Pree, City Clerk andMonique Lomeli, Chief Deputy City Clerk, werepresentat Roll Call. Other staff memberspresentedreportsor respondedto questionsasindicatedin theminutes. 1919 xy 04a N:V_M_[1WRIBMI] t; M
ACCEPTANCE OF THE AGENDA:
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5- 0, to approve the consent calendar, with the removal of Item Nos. 1I AND IF for separate discussion.
REPORT OF CLOSED SESSION:
The Regular Closed Sessionof the City Council of October 17, 2022, was called to order by Mayor Middleton at 3: 00 p.m., with all members present.
The meeting convenedinto Closed Sessionto discussthe 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 October 17, 2022
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to approve the consent calendar, with the removal of Item Nos. 1I AND IF for separate discussion.
A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0, to find that the City Council has consideredthe circumstances of the state of emergency during a proclaimed state of emergency, and state or local officials have imposed or recommendedmeasuresto promote social distancing, and as a result, the Palm City Council and all of Palm SpringsBoard, Commission, and Committee meetingsmay be held by videoconference, in accordancewith AB 361 B. ACCEPTANCE OF 2022 SLURRY SEAL, CITY PROJECT 21- 02
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5- 0 TO:
1. Accept the public works improvement identified as2022 Slurry Seal, City Project No. 21- 02, as completed in accordance with the plans and specifications.
2. Authorize the City Engineer to execute and file a Notice of Completion with the Riverside County Recorder for 2022 Slurry Seal, City Project No. 21- 02.
C. APPROVAL OF AMENDMENT NO. 9 TO THE PROFESSIONAL SERVICES AGREEMENT WITH CNS ENGINEERS, INC., A CALIFORNIA CORPORATION A6190), IN THE AMOUNT OF $ 38, 162. 23 FOR THE RAMON ROAD WIDENING FROM SAN LUIS REY DR. TO LANDAU BLVD.) INCLUDING THE
WHITEWATER RIVER BRIDGE WIDENING, CITY PROJECT NO. 08- 25, FEDERAL - AID PROJECT NO. BHLS- 5282 ( 040) ,
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5- 0:
1. Approve Amendment No. 9, in the amount of $ 38, 162. 23, to Professional Services Agreement No. 6190, for a new not to exceed amount of $ 3,440, 754. 46 with CNS Engineersfor the Ramon Road Widening ( SanLuis Rey Dr. to Landau Blvd.) including the Whitewater River Bridge Widening, City Project No. 08-25, Federal - Aid Project No. BHLS- 5282 ( 040), ( the " Project').
2. Authorize the City Manager to executeall necessarydocuments.
D. INITIATION OF ANNEXATION NO. 26 TO COMMUNITY FACILITIES DISTRICT NO. 2005- 1 ( PUBLIC SAFETY SERVICES)
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City Council Minutes October 17 2022
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5- 0, to: ,
1. Adopt Resolution No. 25061 entitled, " A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS
INTENTION TO ANNEX TERRITORY INTO A COMMUNITY FACILITIES
DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES FOR CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005- 1, (P.UBLIC SAFETY SERVICES), ANNEXATION NO. 26, TRACT MAP NO. 37935".
E. AWARD A CONSTRUCTION MANAGER AT RISK AGREEMENT TO TILDEN- COIL CONSTRUCTORS, INC., FOR AN INITIAL GUARANTEED MAXIMUM PRICE OF $ 10,309, 018 FOR THE CITY OF PALM SPRINGS NAVIGATION CENTER PROJECT, CITY PROJECT 22- 05
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0, to Receive and File Treasurer' s Investment Report as of January 31, 2022.
1. Award a Construction Manager at Risk Agreement with Tilden - Coil Constructors, Inc., a California Corporation, for the construction of the City of Palm SpringsNavigation Center, City Project22-05, for an initial guaranteedmaximumprice not to exceed 10,309,018, to be adjustedover time as tradepackagesarebid by the construction management team as outlined in the agreement. ,
2. Authorizethe City Manageror designeeto approvethe fmal guaranteedmaximum amount for the project at a later date as outlined in the agreement.
3. Approve a contingency for the project of approximately 15% or $ 1,500, 000 for adjustmentsto the scopeof work or unforeseenconditionsto meet the program requirementsandauthorizetheCity Manageror designeeto issuechangeordersup to this amountfor the project to be completed in a timely manner.
F. APPROVE A THREE- YEAR AGREEMENT WITH VERDE FACILITIES SERVICES LLC ( A9232) FOR JANITORIAL SERVICES FOR VARIOUS CITY FACILITIES
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
HOLSTEGE CARRIES 5- 0, TO DEFER TO NEXT MEETING WITH MORE INFORMATION:
1. Approve Contract Service Agreement A9232 with Verde Facilities Services LLC to providejanitorial servicesfor variousCity facilitiesfor athree-yeartermin an amount not to exceed $2,236, 428 beginning December 1, 2022, through November 30, 2025, with two one-year extensionoptions at the City' s sole discretion.
2. Authorize additional/ optional janitorial servicesin accordancewith the fixed pricing , identifiedin ScheduleII — OptionsPricingSheetfor anamountnot to exceed $25,000 City of Palm Springs Page 4
City Council Minutes October 17, 2022
annuallyduringthetermof theagreement. 3) Authorizethe City Manageror designee to executeall necessarydocuments.
G. PURCHASE OF LIBRARY DOWNLOADABLE MUSIC WITH LIBRARY IDEAS FOR A FIVE- YEAR, NOT - TO - EXCEED AMOUNT OF $ 40, 000
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0, to Authorize the City Manager to execute all necessary documents.
H. A REQUEST BY THE JONES LIVING TRUST, OWNER, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 1821
SANDCLIFF ROAD, A CONTRIBUTING STRUCTURE IN THE SANDCLIFF GARDEN APARTMENT HOMES HISTORIC DISTRICT ( APN 510- 040- 035), ( RSPB 93/ HD- 5)
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5- 0, to:
1. Approve aMills Act Historic Property PreservationAgreement between the City of Palm Springs, The JonesLiving Trust, and the Sandcliff Homeowners Association.
2. Authorize the Interim City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement with the County of Riverside.
I. APPROVE FUNDING IN THE AMOUNT OF $ 75, 000 TO REFURBISH AND
RELOCATE PUBLIC ART SCULPTURES BUTCH, ITHIEL, AND SQUEEZE BY
ARTIST JOHN CLEMENT TO THE DEMUTH PARK ISLET
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5- 0, to:
1. Approve funding in the amount of $75,000 of Public Art Funds to refurbish and relocate three public art sculpturesButch, Ithiel, and Squeezeby artist John Clement.
2. Approveplacementof thethreepublic artsculpturesButch, Ithiel, andSqueezeby artist John Clement to the Demuth Park Islet.
3. Authorize the Interim City Manager to executeall necessarydocuments to facilitate refurbishingandrelocatingthreepublic art sculpturesButch, Ithiel, andSqueezeby artist John Clement to the Demuth Park Islet.
J. SECOND READING AND ADOPTION OF AN ORDINANCE ADJUSTING CITY
COUNCIL AND MAYORAL SALARIES
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 3- 1 ( NOYES — WOODS, RECUSED — HOLSTEGE), to Conduct a secondreading (Adoption) of an Ordinance No. 2067 entitled, " AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 2. 04. 020 City of Palm Springs Page 5
City Council Minutes October 17 2022
AND 2.04. 021, AND ADDING A NEW SECTION 2.04.022, OF THE PALM SPRINGS
MUNICIPAL CODE, MODIFYING COMPENSATION FOR THE - MAYOR AND MEMBERS OF THE CITY COUNCIL."
EXCLUDED CONSENT CALENDAR:
2. PUBLIC HEARINGS:
A. REQUEST FOR AMENDMENTS TO PALM SPRINGS MUNICIPAL CODE SECTION 9.62.055 AND PALM SPRINGS ZONING CODE SECTION 93.23.21
RELATIVE TO THE DEVELOPMENT STANDARDS FOR URBAN LOT SPLITS AND TWO - UNIT RESIDENTIAL DEVELOPMENTS ( CASE 5.1548 ZTA)
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5- 0, to:
1. Waivethereadingof theordinancetext in its entiretyandreadby title only.
2. Introduce on first reading an Ordinance No. 2068 entitled, " AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 9. 62 OF THE PALM SPRINGS MUNICIPAL CODE AND CHAPTER 93.00 OF THE PALM SPRINGS ZONING CODE RELATING TO
URBAN LOT SPLITS AND TWO - UNIT PROJECTS AND DETERMINING THE I
ORDINANCE TO BE EXEMPT FROM CEQA."
B. A REQUEST BY CASA VERONA LLC, OWNER, FOR A CHANGE OF ZONE OF AN UNDEVELOPED 6.44- ACRE PARCEL FROM SINGLE- FAMILY RESIDENTIAL R- 1- D ( 7, 500- SQUARE FOOT LOT) TO R- 1- E ( 5, 000- SQUARE FOOT LOT); ADOPTION OF A MITIGATED NEGATIVE DECLARATION PER CEQA; AND A TENTATIVE TRACT MAP ( TTM 38042) TO SUBDIVIDE THE PARCEL INTO THIRTY- ONE ( 31) SINGLE- FAMILY RESIDENTIAL LOTS LOCATED AT THE EAST TERMINUS OF VERONA ROAD, ZONE R- 1-D; CASE NOS. 5. 1527- CZ & TTM 38042)
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5- 0, to:
1. Openthe hearing and receive testimony.
2. ClosethepublichearingandIntroduceandWaiveFurtherReadingof anOrdinance No. 2069 entitled, " AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1527 CZ, CHANGE OF ZONE, TO AMEND THE CURRENT ZONING DESIGNATION OF ` SINGLE FAMILY RESIDENTIAL ( R- 1-D)' ( 7, 500- SQUARE FOOT LOT) TO ` SINGLE- , FAMILY RESIDENTIAL ( R- 1-E) ( 5, 000- SQUARE FOOT LOT) FOR THE SUBDIVISION OF A 6.44- ACRE LOT INTO THIRTY- ONE ( 31) SINGLE - City of Palm Springs Page 6
City Council Minutes October 17, 2022
FAMILY RESIDENTIAL PARCELS FOR FUTURE DEVELOPMENT AT THE EAST TERMINUS OF VERONA ROAD."
3. Adopt a Resolution No. 25062 entitled, " A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP — TTM 38042 — TO SUBDIIDE AN UNDEVELOPED
6.44 ACRE PARCEL INTO THIRTY- ONE ( 31) SINGLE- FAMILY RESIDENTIAL LOTS LOCATED AT THE EAST TERMINUS OF VERONA ROAD."
31R9i i. Y.Y._ 71 eIT.y1I: 111 \ f A
A. PALM SPRINGS NAVIGATION' CENTER UPDATE
Receive and file update.
B. CONSIDER PROPOSAL FROM WE ARE ONE UNITED INC. REQUESTING FINANCIAL ASSISTANCE IN THE AMOUNT OF $ 400, 860 FOR THE UNITED
FOR SAFE YOUTH INITIATIVE
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5- 0, to
1. Consider Proposal from We Are One United Inc. to provide financial assistance in the amount of $ 400, 860 for the United for Safe Youth Initiative.
2. If supportive of funding request, authorize the Interim City Manager or designeeto negotiate an agreement with We Are One United Inc. and execute all documents as needed.
C. AN URGENCY ORDINANCE AND A NON -URGENCY ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
PROHIBITING ANNUAL RESIDENTIAL REAL PROPERTY RENTAL RATE INCREASES THAT EXCEED TEN PERCENT ( 10%), OR FIVE PERCENT ( 5%)
PLUS LOCAL CONSUMER PRICE INDEX, WHICHEVER IS LOWER
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5- 0, to:
1. -Waive the reading of the ordinance text in its entirety andread by title only.
2. Adopt an Urgency Ordinance No. 2070 entitled, " AN URGENCY ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
PROHIBITING ANNUAL RESIDENTIAL REAL PROPERTY RENTAL RATE INCREASES THAT EXCEED TEN PERCENT ( 10%), OR FIVE PERCENT ( 5%) PLUS LOCAL CONSUMER PRICE INDEX, WHICHEVER IS LOWER";
D. CONSIDERATION FOR APPROVAL AN INTERIM URGENCY ORDINANCE
ESTABLISHING A TEMPORARY MORATORIUM ON THE ISSUANCE OF
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City Council Minutes October 17, 2022
VACATION RENTAL PERMITS WITHIN THE CITY OF PALM SPRINGS AND
PROVIDE DIRECTION REGARDING POTENTIAL REVISIONS TO THE CITY OF PALM SPRINGS VACATION RENTAL ORDINANCE.
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 4- 0 ( HOLSTEGE RECUSED), to:
1. Waive the reading of the ordinance text in its entirety and read by title only.
2. Introduce on first reading an Ordinance No. 2071 entitled, " AN INTERIM
URGENCY ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM
ON THE ISSUANCE OF VACATION RENTAL ( VR) PERMITS WITHIN THE
CITY OF PALM SPRINGS, PENDING A STUDY OF THE CITY OF PALM SPRINGS VACATION RENTAL REGULATIONS.
3. Provide direction regarding additional or different vacation rental regulations la" AA1001133 IS1 DR"
Michael Pitkin
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA I
DEVELOPMENT:
City Council speakson Agenda development for upcoming meetings.
ADJOURNMENT:
The City Council adjourned at 12:08 a.m, on 10/18/2022
Respect Ily submitted,
ZL—
BAenaree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: 11/ 28/ 2022
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