C44000P
Thursday, November 10, 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, November 10, 2022; at 5: 37 p. m.
PLEDGE OF ALLEGIANCE:
Boyscout Troop 262 led the Pledge of Allegiance.
rz13- MI[ yrwx
Present: Councilmembers Geoff Kors, Dennis Woods; Mayor Pro Tern Grace Elena Garner; and Mayor Lisa Middleton
Absent: Councilmember Christy Holstege
City Staff
Present: Teresa Gallavan, Interim City Manager, Jeremy Hammond, Deputy City Manager; Jeffrey Ballinger, City Attorney; BrendaPree, 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:
Interim City Manager GallavanannouncedDavid McAbee asthe new Director of Public works.
ACCEPTANCE OF THE AGENDA:
By consensus, the City Council agreedto accept the agendawith ConsentItem Nos. IN and 10 removed for separate discussion.
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of November 10, 2022, was called to order by Mayor Middleton at 3:30 p.m., with four memberspresent (Holstege absent).
The meeting convened into Closed Session to discuss the following items as listed on the Regular Closed SessionMeeting Agenda with no reportable action:
CONFERENCE WITH LEGAL COUNSEL — MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956: 9( d)( 2):
City Council Minutes November 10 2022
Three (3) mattersthat, intheopinionoftheCitycouncilontheadviceoftheCityAttorney, basedon existing facts and circumstance, there is significant exposureto litigation against the City.
Claim No. 22-0903, datedApril 27, 2022, filed by Law Offices of MonrowMabon 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 existingfactsandcircumstances, therearetwo (2) mattersthe City Council has decided or may decide to initiate litigation.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54956. 8
Property Description: 2990E. TahquitzCanyonWay (APN: 502-143-004) Pahn Springs, CA
Agency: City of Palm Springs
City Negotiator: TeresaGallavan, Interim City Manager
Negotiating Parties: Tahquitz Housing Associates, LP
Under Negotiation: Price and Terms of Payment for Real Property Covenants PUBLIC COMMENT:
I
Hank Plante
Jim Gazan
Chad Engelking
Paul Kowal
Michael Joseph Pitkin
Nicholas Churchian
Jim Franklin
Brian Yaklich
Gerald Katen
David Rios
Frank Hundley
Mark Hewitt
Josh Moran
Jim Wilkinson
Jared Scherer
Brent Deim
Ron Willison
Stacey Monfore
Ryan Fischer
Roger Crouthamel
Bruce Hoban
John Geranios
City of Palm Springs Page 2
City Council Minutes November 10, 2022
Davis Meyer
Heather Lyon
JP Calderon
Shon Tomlin
Oscar Flink
Julian Heaney
Kevin Dickerson
Imad Haifa
Drew Fenton
Keith Ruoff
Patrick Jordan
Keith Malkovitz
David Feltman
Linda Boggs
Chris Bale
Kim Orellana
Shannon Metcalf
Lynn Ballantyne
Robert Meixner
Leo Lucas
Ginny Hahn
Charles Elliott
Chester Pay
Ruth Gray
Warren (] raw
Brian Sullivan
Jeff Okyle
Justin Lenzi
Patrick Canonae
Megan Rodriguez
Patrick Weiss
Puya Ghandian
Eric Mann
Robert Cole
Steven Alexander
Timothy Hadorn
Michael Horne
Thomas McGlone
David Gallo
Abe Chami
Marcus Davis
Laura Dansbury
Josh Levine
Rick Ingram
Michael Muellerleile
Eric Redder
Leah Tremblah
Olga Mizrahi
City of Palm Springs Page 3
City Council Minutes November 10 2022
Dan Aharon
Edward Bobbett
Dawn Radue
Pearl Fang
Luis Martinez
Martin Atencio
Mary Lou Aranguren
Robert Aronoff
Richie Hollien
Donna Manansala
Rosanna Rocker
Gerard Moylan
Bertha Alarcon
Danielle McDonald
Alan Billingsley
Lucy Jaric
Jbnathan Deason
Andrew Rudman
Blaine Spady
Moira Romano
Tara Dubbs
Hardy Moat
Francine McDougall
Michael Bornstein
Ginny Foat
Del Quinn
Karine Ghanimian
Scott Howlett
Jordan Hawley
Bram Heidinger
Michael Lowder
Darrell Gonzalez
Desiree Sherod
Heather Carson
Alan Chan
Michael Stroz
Tom Emrich
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM GARNER, CARRIED 4- 0, to approve the consent calendar with the removal of Item Nos. 1N and 10.
A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND , COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
City of Palm Springs Page 4
City Council Minutes November 10, 2022
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4-0, 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 recommended measuresto promote social distancing, and as a result, the Palm City Council and all of Palm Springs Board, Commission, and Committee meetings may be held by videoconference, in accordancewith AB 361 B. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4- 0, to adopt Resolution No. 25065 entitled, " A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 10- 01- 22 TOTALING $ 1,993, 541. 30 AND ACCOUNTS PAYABLE WARRANTS DATED 09- 29- 22 TOTALING $ 5, 070, 070. 34, IN THE AGGREGATE AMOUNT OF $ 7, 063, 611. 64, DRAWN ON BANK OF AMERICA." C. APPROVE AGREEMENT A9226 WITH AUDIO ASSOCIATES FOR AIRPORT IWX. " Q VA&lM_ old @a1:/ 7\ 6y[ Qel
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM GARNER, CARRIED 4- 0, to approve Agreement A9226 with Audio Associates in the amount of $ 14,410 to expand the paging system at Palm Springs International Airport.
D. APPROVE SERVICE AGREEMENT NO. A9265 WITH SOUTHERN CALIFORNIA FLEET SERVICES, INC. FOR FIRE APPARATUS AND HEAVY EQUIPMENT
MAINTENANCE AND REPAIR SERVICES
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM GARNER, CARRIED 4- 0, to:
1. Approve Contract Service Agreement A9265 with Southern California Fleet Services, Inc., to provide fire apparatus and heavy equipment maintenance and repair services in an amount not to exceed $900,000 for the initial three-year term beginning November 15, 2022 through November 14, 2025, with two one-year extension options at the City' s sole discretion.
2. Authorize the Interim City Manager or designee to execute all necessary documents.
E. APPROVE A THREE- YEAR AGREEMENT WITH VERDE FACILITIES SERVICES LLC ( A9232) FOR JANITORIAL SERVICES FOR VARIOUS CITY FACILITIES
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4- 0, to:
1. Approve Contract Service Agreement A9232 with Verde Facilities Services LLC to provide janitorial services for various City facilities for a three- year term in an amount not to exceed $ 2,236, 428, beginning December 12, 2022, through December 11, 2025, with two one-year extension options at the City' s sole discretion.
City of Palm Springs Page 5
City Council Minutes November 10 2022
2. Authorize additional/ optionaljanitorial servicesin accordancewith the fixed pricing identified in Schedule II — Options Pricing Sheet for an amount not to exceed $25,000 ' annually during the term of the Agreement.
3. Authorize the Interim City Manager or designeeto executeall necessarydocuments.
F. APPROVE A ONE- YEAR AGREEMENT WITH MANSFIELD POWER AND GAS, LLC ( A9254) FOR THE PURCHASE OF NATURAL GAS FOR CO- GENERATION PLANT AND APPROPRIATE $ 467, 500 FROM GENERAL FUND
BALANCE
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4- 0, to:
1. Approve Contract Service Agreement A9254 with Mansfield Power and Gas, LLC to provide natural gas for a one-year term in an estimated amount of $ 603, 000. 70 subject to usageadjustmentsbeginning January 1, 2023, through December31, 2023.
2. Authorize the City Manager to enter into future annualpurchaseagreementsfor natural gas from the wholesale commodity market for an amount not to exceed what is budgetedandapproved in the Energy Fund annually for natural gas.
3. Appropriate $ 467,500 from General Fund Balance to the Energy Fund for this purchase.
4. Authorize the Interim City Manager or designeeto executeall necessarydocuments.
G. APPROVE PURCHASE OF DOCUSIGN ENTERPRISE PRO FROM '
CARAHSOFT TECHNOLOGY CORPORATION FOR A THREE- YEAR PERIOD
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4- 0, to
1. In accordancewith Section 7.09.010 "Cooperative PurchasingPrograms," of the Palm Springs Municipal Code, authorize the purchaseof DocuSign, an electronic signature program, from Carahsoft Technology Corporation, pursuantto the California Multiple Award Schedule ( CMAS) Contract 3- 12-70-2247E for an amount of $ 61,660. 50 for a three-year period.
2. Authorize the Interim City Manager to execute all necessary documents.
H. GENERAL FUND FISCAL YEAR 2022- 23 FINANCIAL REPORT FOR FIRST QUARTER ENDING SEPTEMBER 30, 2022
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4- 0, to receive and file the General Fund Fiscal Year 2022- 23 Financial Report.
I. APPROVE APPROPRIATION OF $ 170, 000 FROM GENERAL FUND BALANCE
TO THE HUMAN RESOURCES DEPARTMENT FOR RECRUITMENT
SERVICES ,
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4- 0, to approve an appropriation of $ 170, 000 from General Fund Balance to the Human Resources Department for Recruitment Services.
City of Pahn Springs Page 6
City Council Minutes November 10, 2022
J. APPROVE AN AGREEMENT WITH LIEBERT CASSIDY WHITMORE TO
PROVIDE EMPLOYMENT AND LABOR RELATIONS LEGAL SERVICES
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4- 0, approve an Agreement for Special Services with Liebert CassidyWhitmore to provide consulting, representational, andlegal servicespertaining to employment relations matters.
K. APPROVE AGREEMENT A9255 WITH LEXIPOL TO PERFORM ANNUAL
POLICY MANUAL UPDATES FOR THREE YEARS FOR THE PALM SPRINGS
POLICE DEPARTMENT
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4-0, to approveAgreementA9255 with Lexipol to provide three years of annual policy manual updatesfor a total cost of $49,394.
L. APPROVAL OF A LICENSE AGREEMENT WITH THE RIVERSIDE COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT 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 4- 0, to:
1. Approve a License Agreement with Riverside County Flood Control and Water ConservationDistrict for theconstructionof theRamonRoadWidening (SanLuis Rey Dr. to LandauBlvd.) includingtheWhitewaterRiver Bridge Widening, City Project No. 08- 25, Federal - Aid Project No. BHLS- 5282 ( 040).
2. Authorize the Interim City Manager to executeall necessarydocuments.
M. APPROVE AGREEMENT A9257 WITH VITAC TO PROVIDE CLOSED
CAPTIONING SERVICES FOR ONE YEAR
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4-0, to approve Agreement A9257 with VITAC to provide continued closed captioning servicesfor an amount not to exceed $24,000 for oneyear.
N. APPROVE PURCHASE OF THE POPSICLES ARTWORK BY JOHN CERNY LOCATED AT 605 E. SUNNY DUNES ROAD IN THE AMOUNT OF $ 14,000
WITH PUBLIC ARTS FUNDS
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 3- 1 ( WOODS VOTING NO), to:
1. Approve purchase of the Popsicles Artwork by John Cerny in the amount of 14, 000 with Public Arts Funds.
2. Authorizethepurchaseof theArtwork subjecttoreviewandapprovalof apurchase and sale agreementin a form acceptableto the City Attorney.
City of Palm Springs Page 7
City Council Minutes November 10 2022
O. APPROVE PURCHASE, REPAIR, RELOCATION, AND INSTALLATION COSTS IN THE AMOUNT OF $ 6,550 FOR THE " WOW" SCULPTURE BY ARTIST
MICHAEL BIRNBERG ( AKA MIDABI) FOR PLACEMENT AT THE
NORTHWEST CORNER OF NORTH PALM CANYON DRIVE AND VIA LOLA
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 4- 0, to:
1. Approvefundingin theamountof $6,550ofPublicArtFundsforpurchase, repair, and relocation costs of the " WOW" sculpture.
2. Approve placement of the " WOW" sculpture at the northwest corner of Palm Canyon Drive and Via Lola.
3. Authorize the purchase of the Artwork, subject to review and approval of a purchaseandsaleagreementin a form acceptableto theCity Attorney.
2. PUBLIC HEARINGS:
A. A REQUEST BY THE CITY OF PALM SPRINGS FOR A GENERAL PLAN
AMENDMENT AND A ZONING TEXT AMENDMENT TO MODIFY
RESIDENTIAL DENSITY STANDARDS FOR THE CBD LAND USE
DESIGNATION AND TO REVISE LEGAL NON - CONFORMING CRITERIA
TO ALLOW CONVERSION OF CERTAIN HOTEL USES TO
I
MULTIFAMILY RESIDENTIAL APARTMENT USES ( CASE NO. 5.1549 GPA
5. 1539 ZTA)
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 4- 0, to:
1. Open the Public Hearing and receive public testimony
2. Closethe public hearing, introduceby title only and waive further readingof Ordinance No. 2074 entitled, " AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5. 1539
ZTA, ZONE TEXT AMENDMENT, TO AMEND THE PALM SPRINGS
ZONING CODE BY ADDING SECTION 94. 05.085 TO REVISE LEGAL NON-
CONFORMING CRITERIA TO ALLOW FOR CERTAIN HOTEL TO
APARTMENT CONVERSIONS WITH A CONDITIONAL USE PERMIT."
3. Adopt ' Resolution No. 25072 entitled, " A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5. 1549 GPA, GENERAL PLAN AMENDMENT, TO AMEND THE
PALM SPRINGS 2007 GENERAL PLAN LAND USE ELEMENT TO MODIFY
THE CENTRAL BUSINESS DISTRICT ( CBD) LAND USE DESIGNATION
MINIMUM RESIDENTIAL DENSITY STANDARDS AND LEGAL NON-
CONFORMING CRITERIA TO ALLOW FOR CONVERSIONS OF CERTAIN , HOTEL USES TO MULTI - FAMILY RESIDENTIAL USES."
3. BUSINESS & LEGISLATIVE:
City of Palm Springs Page 8
City Council Minutes November 10, 2022
A. DISCUSSION AND INTRODUCTION OF AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5. 25 REGARDING VACATION RENTALS; AND
POTENTIAL ACTION REGARDING THE EXISTING MORATORIUM ON THE
PROCESSING AND ISSUANCE OF VACATION RENTAL CERTIFICATES
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4- 0 to:
Waive the reading of text in its entirety, read by title only, and introduce for first reading Ordinance entitled, " AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.25 REGARDING VACATION RENTALS."
2. Provide direction regarding further Vacation Rental regulations.
B. A REQUEST BY GLA DESIGN GROUP ON BEHALF SPS MANUF. LLC FOR AN
ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF FROM THE
MINIMUM SEPARATION DISTANCE REQUIREMENT FOR A CANNABIS
DISPENSARY/ LOUNGE AT 823 SOUTH WILLIAMS ROAD ( CASE 7. 1660 AMM)
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR MIDDLETON, CARRIED 4- 0, to adopt Resolution No. 25066 entitled, " Adopt a Resolution entitled, " A
RESOLUTION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN
ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENT IN SECTION 93. 23. 15 FOR A CANNABIS FACILITY ( CALI DISPENSARY) PROPOSED AT 823 SOUTH WILLIAMS ROAD FROM AN EXISTING CANNABIS LOUNGE ( CASE 7. 1660 AMM)."
C. A REQUEST BY TPE ENTERPRISES, LLC FOR AN ADMINISTRATIVE MINOR
MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION
DISTANCE REQUIREMENTS FOR A CANNABIS DISPENSARY AT
1233 SOUTH GENE AUTRY TRAIL ( CASE 7. 1661 AMM)
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR MIDDLETON, CARRIED 4- 0, to adopt Resolution No. 25067 entitled, " A RESOLUTION OF THE CITY
OF PALM SPRINGS, CALIFORNIA, APPROVING AN ADMINISTRATIVE MINOR
MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENT IN SECTION 93. 23. 15 FOR A CANNABIS FACILITY ( TPE ENTERPRISES,- LLC) PROPOSED AT 1233 SOUTH GENE AUTRY TRAIL FROM.
TWO EXISTING CANNABIS DISPENSARIES ( CASE 7. 1661 AMM)." D. DISCUSSION ON DISPOSITION OF DESERT HIGHLAND GATEWAY ESTATE
SINGLE- FAMILY RESIDENTIAL LOTS
By consensus, the City Council continued this item to a date uncertain.
City of Palm Springs Page 9
City Council Minutes November 10, 2022
E. PROPOSED UPDATE OF PALM SPRINGS MUNICIPAL CODE CHAPTER 5. 77
PERTAINING TO ADULT - ORIENTED BUSINESSES AND REPEAL OF , CHAPTER 11. 10 PERTAINING TO PUBLIC NUDITY
By consensus, the City Council continued this item to a date uncertain. 1_9,110.3.11CKK1Ju' iu I KI IA
Carl Christman, resident.
Michael Joseph Pitkin, resident.
Kara VanDyke, representingPalm Canyon Theatre.
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT
Interim City Manager Gallavan and the City Council discussedthe tentative upcoming meeting schedule and agenda items.
ADJOURNMENT:
The City Council adjournedon Friday, November 11, 2022, at 12:12 a.m.
Respectfully submitted,
Brenda rekeCERA City
ClerkAPPROVED
BY CITYCOUNCIL: 12/ 05/ 2022City
of PalmSpringsPage 10