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CqIFOIL
Monday, October 27, 2022
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
Pursuantto Assembly Bill 361 this meeting was conductedin part by teleconference.
CALL TO ORDER:
A RegularMeeting of thePalm SpringsCity Council wascalledto orderby Mayor Middleton on Thursday, October 27, 2022, at 6:00 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Middleton led the Pledge of Allegiance.
ROLL CALL:
Present: CouncilmembersChristyHolstege, GeoffKors, DennisWoods; MayorProTern Grace Elena Garner; and Mayor Lisa Middleton
Absent: None.
City Staff
Present: Teresa Gallavan, Interim City Manager, Jeffrey Ballinger, City Attorney; Brenda Pree, City Clerk andMonique Lomeli, Chief Deputy City Clerk, were presentat Roll Call. Other staff memberspresentedreports or respondedto questionsasindicated in the minutes.
PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES: None.
By consensus, the City Council agreedto acceptthe agendaaspresented.
REPORT OF CLOSED SESSION:
The Regular Closed Sessionof the City Council of October 27, 2022, was called to order by Mayor Middleton at 3:30 p.m., with all members present.
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):
Three (3) mattersthat, in the opinion of the City council on the advice of the City Attorney, basedonexistingfactsandcircumstance, thereis significantexposureto litigation against the City.
City Council Minutes October 27 2022
Claim No. 22-0903, datedApril 27, 2022, filed by Law Officesof Monrow Mahonand 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):
Underexistingfactsandcircumstances, thereis one (1) mattertheCity Councilhasdecided or may decideto initiate litigation.
CONFERENCE WITH LEGAL COUNSEL — DISCUSSION OF EXISTING LITIGATION, Pursuant to Government Code Section 54956. 9(d)( 1):
Name of cases: Emil John Paska v. City of Palm Springs, Riverside Superior Court, No.
CVPS2000019
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: TeresaGallavan, Interim City Manager ' Negotiating Parties: Tahquitz Housing Associates, LP
Under Negotiation: Price andTerms of Payment for Real Property Covenants CONFERENCE WITH LEGAL COUNSEL- PUBLIC EMPLOYEE APPOINTMENT, Pursuant to Government Code Section 54957:
Title: City Manager
PUBLIC COMMENT:
Brad Anderson, Rancho Mirage
Joe Jackson
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5- 0, to approve the consent calendar.
A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361 ,
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to find that the City Council has consideredthe circumstances City of Palm Springs Page 2
City Council Minutes October 27, 2022
of the stateof emergencyduring a proclaimedstateof emergency, and stateor local officials haveimposedor recommendedmeasuresto promotesocial distancing, andasa result, thePalmCity Councilandall of PalmSpringsBoard, Commission, andCommittee meetingsmay beheld by videoconference, in accordancewith AB 361 B. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5- 0, to adopt Resolution No. 25063 entitled, " A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 09- 03- 22 AND 09- 17- 22 TOTALING $ 4, 273, 065. 59 AND ACCOUNTS PAYABLE WARRANTS DATED 09- 01-22 AND 09- 15-22 TOTALING 6,027, 934. 94, IN THE AGGREGATE AMOUNT OF $ 10,301, 000. 53, DRAWN ON BANK OF AMERICA."
C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF AUGUST 1 THROUGH AUGUST 31, 2022
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to receive and file the report of Staff Authorized Agreements and PurchaseOrders for the period of August 1through August 21, 2022.
D. INTRODUCTION OF AN ORDINANCE TO AMEND SECTION 16.36. 020 OF THE
PALM SPRINGS MUNICIPAL CODE RELATING TO THE CONDUCT AND
APPEARANCE OF AIRPORT COMMERCIAL VEHICLE OPERATORS
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0 to waive the reading of the ordinance text in its entirety, read by title only, and introduce Ordinance No. 2072 entitled, " AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 16.36. 020 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO
THE CONDUCT AND APPEARANCE OF AIRPORT COMMERCIAL VEHICLE OPERATORS."
E. SECOND READING AND ADOPTION OF ORDINANCE NO. 2068 OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING 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 HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to waive the secondreading of text in its entirety, read by title only, and adopt Ordinance No. 2068, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 9. 62. 055 OF THE PALM SPRINGS MUNICIPAL CODE AND SECTION 93. 23. 21 OF THE PALM
SPRINGS ZONING CODE RELATING TO URBAN LOT SPLITS AND TWO - UNIT City of Palm Springs Page 3
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PROJECTS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA."
I
F. SECOND READING AND ADOPTION OF ORDINANCE NO. 2069 CHANGING THE ZONING DESIGNATION OF ` SINGLE FAMILY RESIDENTIAL ( R- 1-D)' TO SINGLE- FAMILY RESIDENTIAL ( R- 1-E)' FOR THE SUBDIVISION OF A 6.44- ACRE LOT INTO THIRTY- ONE ( 31) SINGLE- FAMILY RESIDENTIAL PARCELS
FOR FUTURE DEVELOPMENT AT THE EAST TERMINUS OF VERONA ROAD
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED5-0, to waivethe secondreadingof text in its entirety, readby title only, and adopt Ordinance No. 2069, " 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- FAMILY
RESIDENTIAL PARCELS FOR FUTURE DEVELOPMENT AT THE EAST
TERMINUS OF VERONA ROAD." PURCHASE OF LIBRARY DOWNLOADABLE
MUSIC WITH LIBRARY IDEAS FOR A FIVE- YEAR, NOT - TO - EXCEED AMOUNT OF $ 40, 000
G. A LETTER OF SUPPORT — CV RAIL FEDERAL GRANT APPLICATIONS '
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5- 0, to approve the letter of support.
H. ARCTIC WOLF SECURITY OPERATIONS CLOUD AND CONCIERGE
SECURITY OPERATIONS CENTER SOLUTIONS AGREEMENT
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED5-0 to authorizetheInterimCity Managerto executeall necessary documents.
I. SECOND APPROVE AN AGREEMENT WITH, R. E. CHAFFEE CONSTRUCTION, INC. ( A9243) FOR SEWAGE PUMP SYSTEM
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5- 0, to:
1. Approve Contract Services Agreement A9243 with R. E. Chaffee Construction, Inc., in anamountnot to exceed $103,438.51to provideanewbasementsewagepump system at the Palm Springs Police Department.
2. AuthorizetheInterim City Manageror designeeto executeall necessarydocuments.
J. APPROVE SERVICES AGREEMENT WITH OTIS ELEVATOR COMPANY ' A9252) FOR ELEVATOR MAINTENANCE, MANAGEMENT AND
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PREVENTATIVE MAINTENANCE PROGRAM IN AN AMOUNT NOT TO
EXCEED 121, 852. 52
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5- 0, to:
1. In accordance with Palm Springs Municipal Code Section 7. 09. 010, " Cooperative PurchasingPrograms," approve Contract Service Agreement A9252 (Attachment A) with Otis Elevator Company in an amount not to exceed $21,852.52, beginning November 1, 2022, through October 31, 2023.
2. Authorize the Interim City Manager or designeeto executeall necessarydocuments.
K. APPROVAL OF LICENSE AGREEMENT NO. A9239 WITH READY CREDIT
CORPORATION FOR THE OPERATION OF AN AUTOMATED PREPAID DEBIT
CARD DISPENSING MACHINE AT THE PALM SPRINGS INTERNATIONAL
AIRPORT
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5- 0 to:
1. Approve a License Agreement (A9239) with Ready Credit Corporation for the operation of an automatedprepaid debit card dispensingmachine at the Palm Springs International Airport for a three-year term beginning October 1, 2022, through September 30, 2025, with two one-year extension options.
2. Authorize the Interim City Manager to executeall necessarydocuments.
L. APPROVE SERVICE AGREEMENT NO. A9241 WITH J & L AUTO BODY INC.
FOR AUTO BODY REPAIR SERVICES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5- 0 to:
1. Approve Contract Services Agreement A9241 with J & L Auto Body Inc., to provide auto body repair servicesin an amountnot to exceed $300,000, for the initial three- yeartermbeginningOctober27, 2022, throughOctober26, 2025, with two one-year extension options at the City' s sole discretion.
2. Authorize the Interim City Manager or their designeeto executeall necessary documents.
M. APPROVE PURCHASE AGREEMENT NO. A9248 WITH HI - GRADE MATERIALS CO. FOR CONCRETE PRODUCTS
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5- 0 to:
1. Approve Purchase Agreement No. A9248 ( Attachment A) with Hi -Grade Materials Co. to provideconcreteproductsfor anamountnotto exceed $90,000beginningNovember 1, 2022 through October 31, 2025, with two one-year extension options at the City' s sole discretion.
2. Authorize the Interim City Manager or their designeeto execute all necessarydocuments.
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City Council Minutes October 27, 2022
N. AWARD OF A CONSTRUCTION CONTRACT TO GRANITE CONSTRUCTION COMPANY, A CALIFORNIA CORPORATION, IN THE AMOUNT OF $ 6, 962, 696 ' AND A PURCHASE ORDER TO DUDEK INC., IN THE AMOUNT OF $ 170, 000, FOR THE 2022 PAVEMENT REHABILITATION, CITY PROJECT NO. 22- 08
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5- 0 to:
1. Award a construction contract to Granite Construction Company, a California corporation, in the amount of $6,962,696 for the 2022 PavementRehabilitation, City Project 22- 08; and,
2. Authorize the Interim City Manager to approve apurchaseorder with an `on -call' firm, Dudek Inc., for construction management and inspection services in the amount of 170,000 for the 2022 Pavement Rehabilitation, City Project 22-08; and
3. Authorize the Interim City Manager to executeall necessarydocuments.
O. APPROVE SERVICE AGREEMENT NO. A9230 WITH DOWNTOWN SHELL FOR
VEHICLE MAINTENANCE AND REPAIR SERVICES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5- 0 to:
1. Approve Contract ServicesAgreement A9230 with Downtown Shell to provide vehicle maintenanceandrepair servicesfor a three-year term in an amount not to exceed ' 300,000, beginning October 27, 2022 through October 26, 2025, with two one-year extension options at the City' s sole discretion.
2. Authorize the Interim City Manager or their designee to execute all necessary documents.
P. APPROVE EXPENDITURE OF PUBLIC ART FUNDS IN THE AMOUNT OF 286, 000 TO RESTORE THE " DESERT HIGHLAND MURAL" BY ARTIST RICHARD WYATT, JR. ON THE SOUTHWEST EXTERIOR WALL OF THE JAMES O. JESSIE DESERT HIGHLAND UNITY CENTER
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5- 0 to:
1. Approve the expenditure of Public Art Funds in the amount of $ 286, 000 for the restoration of the "Desert Highland Mural" by artist Richard Wyatt, Jr.
2. Appropriate $ 286, 000 from Fund 150 Public Arts Fund Balance.
3. Authorize the Interim City Manager to execute all necessary documents to facilitate restoration of the " Desert Highland Mural".
Q. APPROVAL OF AGREEMENT WITH THE CITY OF DESERT HOT SPRINGS
FOR SIGNAL MAINTENANCE OF FOUR SHARED TRAFFIC SIGNALS ALONG
NORTH INDIAN CANYON DRIVE ,
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5- 0 to:
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1. Approve Agreement with the City of Desert Hot Springs for the traffic signal maintenance of four shared traffic signals along North Indian Canyon Road.
2. Authorize the Interim City Manager to execute all necessary documents R. APPROVAL OF A GROUND LEASE AGREEMENT WITH T- MOBILE WEST,
LLC, FOR NON- EXCLUSIVE USE OF GROUND SPACE WITH AN EXISTING WIRELESS COMMUNICATIONS TOWER AT 4375 EAST MESQUITE AVENUE
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5- 0 to:
1. Approve Wireless Communications Facilities Site Lease Agreement by and between T- Mobile West, LLC, andthe City of Palm Springs for non-exclusive use of ground space at City -owned property at 4375 East Mesquite Avenue.
2. Authorize the City Manager or designeeto executeall the necessarydocuments.
S. AMENDMENT NO. 1 TO NON- EXCLUSIVE OPERATING AND LEASE AGREEMENT NO. A9011 WITH COVID CLINIC, INC.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5- 0 to:
1. Approve Amendment No. 1 to Agreement No. A9011 with Covid Clinic, Inc. to address the business entity change from Covid Clinic, Inc. to Rume Health, LLC; the relocation of their facility from the Airport holiday -overflow parking lot south of Kirk Douglas Way to an Airport parking lot located west of E. Baristo Road effective September1, 2022; and the reduction in size of demisedpremises from 40,410 squarefeet to 15,387 square feet (sq. ft) and a reduction in rent from $ 12,392.40 per month ($148,708.80 per year) to 4,723.80 per month ($56,685.60 per year).
2. Authorize the Interim City Manager or designeeto executeall necessarydocuments.
2. PUBLIC HEARINGS: None
A. CONSIDER PROPOSAL FROM BLUE ZONES, LLC TO PARTICIPATE IN A FEASIBILITY STUDY FOR $ 85, 000
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 4- 1 (WOODS voting no) to:
1. Consider proposal from Blue Zones, LLC. to provide a feasibility study in the amount of 85, 000.
2. If supportive of the proposal, authorize the Interim City Manager or designeeto executean Agreement andStatementof Work in form and content acceptableto the City Manager and City Attorney.
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B. CONSIDERATION AND POSSIBLE ADOPTION OF A POLICY LIMITING THE
NUMBER OF PUBLIC MEETINGS THAT CITY LEGISLATIVE BODIES MAY '
HOLD ON THIRD PARTY APPLICATIONS
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5- 0, to adopt Resolution No. 25064 entitled, " A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
LIMITING THE MAXIMUM NUMBER OF PUBLIC MEETINGS THAT CITY LEGISLATIVE BODIES MAY HOLD ON THIRD PARTY APPLICATIONS," as amended.
C. PROPOSED TURF CONVERSION MATCHING REBATE
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to approve an appropriation of $250,000 from the Sustainability Fund to provide a match to DWA' s rebate of $ 3/square foot, ensuring that a total of 6/squarefoot would be available to eligible projects, with the following limitations:
Projects would receive no more than $5,000 in City rebate funding per project; Projects using artificial turf would not receive the rebate funding; $ 100,000 will be allocated for HOAs, $ 100, 000 would be allocated for individual residences, $ 50, 000 will be allocated to low- income applicants; and the program will continue to be administered by DWA.
D. DISCUSSION REGARDING FILLING AN UNSCHEDULED VACANCY ON THE
CITY COUNCIL
The City Council requestedadditional information regarding election options, voter ' turnout, andbest practices for navigating the processof filling an unscheduledvacancy.
PUBLIC COMMENT:
Brad Anderson, Rancho Mirage
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT
Interim City Manager Gallavan provided an update on staffs intent to resume in -person board, commission, and committee meetings; announcedthe hiring of anew Public Works Director; and provided the tentative upcoming meeting scheduleand agendaitems.
ADJOURNMENT:
The City Council adjourned on Thursday, October 27, 2022, at 9:04 p.m.
Respectfully submitted,
B nda rAMC, CERACity
ClerkAPPROVED
BY CITYCOUNCIL: 11/ 28/ 22 City
of PalmSpringsPage 8