Agenda packet — Palm Springs City Council, November 28, 2022 (part 1 of 3)

CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT AGENCY OF THE

CITY OF PALM SPRINGS, CALIFORNIA
Council Chamber, City Hall
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
www.palmspringsca.gov

REGULAR MEETING AGENDA
Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference. There will be in-person public access to the meeting location.

NOVEMBER 28, 2022

3:30 PM CLOSED SESSION
5:30 PM REGULAR MEETING
Lisa Middleton, Mayor
Grace Elena Garner, Mayor Pro Tem
Christy Gilbert Holstege, Councilmember
Geoff Kors, Councilmember
Dennis Woods, Councilmember

City of Palm Springs Mission Statement: Palm Springs is an inclusive world-class city dedicated to providing excellent and responsive public services to enhance the quality of life for current and future generations.

Please note, any agenda item which has not been initiated by 11:00 p.m. may be continued to a subsequent meeting. At approximately 10:00 p.m., the City Council will determine the number of speakers who wish to address the City Council during Public Comment for non-Agenda Items, and determine which agenda items will be considered before the 11:00 p.m.

Adjournment time.

AGENDA EN ESPAÑOL DISPONIBLE EL LUNES - HAGA CLIC AQUÍ

3:30 P.M. CLOSED SESSION

CALL TO ORDER:

PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY (Council Chamber): The City Council welcomes public input. Members of the public may address the City Council by completing a public comment card and giving it to the City Clerk prior to the meeting.

Pursuant to State Law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). If you are compensated to communicate with City officials, you may be required to register and/or make certain disclosures as a lobbyist, please see the City Clerk for additional information.

RECESS TO CLOSED SESSION: See Closed Session Agenda.

5:30 P.M. REGULAR MEETING

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:

PRESENTATIONS:

A. PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES

ACCEPTANCE OF THE AGENDA: The City Council will discuss the order of the agenda, may amend the order, add urgency items, note abstentions or "no" votes on Consent Calendar items, and request Consent Calendar items be removed from the Consent Calendar for discussion. The City Council may also remove items from the Consent Calendar prior to that portion of the Agenda.

REPORT OF CLOSED SESSION:

PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) This time has been set aside for members of the public to address the City Council only on agenda items. Two (2) minutes will be assigned to each speaker. Testimony for Public Hearings will only be taken at the time of the hearing, and General Public Comments, non-agenda items, will be taken later in the meeting.

November 28, 2022 City Council Regular Meeting Agenda 2

1. CONSENT CALENDAR:

The following routine matters may be acted upon by one motion. Individual items may be removed by the Council for separate discussion at this time or under Acceptance of the Agenda. The ordinance title is deemed to be read in its entirety and further reading waived on any ordinance listed on the Consent Calendar.

A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
RECOMMENDATION:

Find that the City Council has considered the circumstances of the state of emergency during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing, and as a result, the Palm Springs 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
RECOMMENDATION:

Approve the City Council Meeting Minutes of January 27, February 10, February 24, March 10, March 24, April 7, April 21, May 12, May 26, June 16, June 30, July 14, July 28, September 1, September 29, October 17, and October 27, 2022.

C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF SEPTEMBER 2022
RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of September 1 through September 20, 2022.

D. APPROVAL OF AMENDMENT NO. 2 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2022-23
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN
FOR FISCAL YEAR 2022-2023, ADOPTED BY RESOLUTION NO. 25033.”

1. Authorize the City Manager to execute all documents necessary to effectuate this action.

2. E. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AFFIRMING THE COUNCIL ACTION OF SEPTEMBER 29, 2022,

RELATIVE TO AN EXTENSION OF THE PARKLET USE AND AMENDMENT OF

THE ASSOCIATED PARKLET DESIGN GUIDELINES
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE DESIGN

GUIDELINES FOR PARKLET FACILITIES AND EXTENDING THE DATE FOR PARKLET USAGE.”
November 28, 2022 City Council Regular Meeting Agenda 3

F. AUTHORIZE THE PURCHASE OF OFFICE SUPPLIES FROM ODP BUSINESS

SOLUTIONS
RECOMMENDATION:

In accordance with Section 7.09.010 “Cooperative Purchasing Programs,” of the Palm Springs Municipal Code, authorize the purchase of office supplies from ODP Business Solutions, pursuant to the Omnia Cooperative Contract R190303 for an amount of $300,000 for an eighteen-month period with an option to extend for five additional years as outlined on the attached Participation Agreement.

1. Authorize the Interim City Manager to execute all necessary documents.2.

G. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. A9082 WITH UNITED RENTALS (NORTH AMERICA), INC. FOR EQUIPMENT RENTAL SERVICES RECOMMENDATION:

Approve Amendment No. 2 to Agreement A9082 (Attachment A) with United Rentals (North America), Inc. to provide equipment rental services in an additional amount of $225,000 for a total revised contract amount not to exceed $300,000 and extending the term through August 27, 2024.

1. Authorize the Interim City Manager or designee to execute all necessary documents.

2. H. APPROVE AMENDMENT NO. 1 TO NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT A9092 WITH ALCLEAR, LLC DBA CLEAR
RECOMMENDATION:

Approve Amendment No. 1 to Non-Exclusive Operating and Lease Agreement A9092 with Alclear, LLC dba CLEAR to add screening pods in the main terminal lobby, adjust screening space from 120 square feet to 296 square feet effective November 1, 2022, and increase rental space from $14,271.96 to $22,141.44 per year.

1. Authorize the Interim City Manager or designee to execute all documents.2.

I. APPROVE PURCHASE AGREEMENT NO. A9274 WITH ENNIS-FLINT, INC. FOR

PAINT FOR PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:

Approve Purchase Agreement No. A9274 (Attachment A) with Ennis-Flint, Inc. to provide paint for Palm Springs International Airport in an amount not to exceed $150,000 beginning December 01, 2022 through November 30, 2025, with two one-year extension options at the City’s sole discretion.

1. Authorize the Interim City Manager or designee to execute all necessary documents.

2. J. APPROVE CONTRACT SERVICES AGREEMENT NO. A9253 WITH JULIO G.

November 28, 2022 City Council Regular Meeting Agenda 4 J. APPROVE CONTRACT SERVICES AGREEMENT NO. A9253 WITH JULIO G.

ESCOBEDO, JR. DBA ESCOBEDO ENTERPRISES FOR ON-CALL LUGGAGE

CART DISPENSER MAINTENANCE SERVICES
RECOMMENDATION:

Approve Contract Services Agreement A9253 with Julio G. Escobedo, Jr. dba Escobedo Enterprises to provide on-call luggage cart dispenser maintenance services in an amount not to exceed $100,000, for the initial term beginning November 29, 2022 through November 28, 2025, with two one-year extension options at the City’s sole discretion.

1. Authorize the Interim City Manager or designee to execute all necessary documents.

2. K. APPROVAL OF A NOTICE TO PROCEED TO VEOLIA WATER WEST OPERATING SERVICES, INC. IN THE AMOUNT OF $171,568.50 FOR BARISTO ROAD SEWER PIPE SEGMENT, CITY PROJECT 22-41
RECOMMENDATION:

Authorize the City Engineer to issue a Notice to Proceed to Veolia Water West Operating Services, Inc. in an amount not to exceed $171,568.50 for the Baristo Road Sewer Pipe Segment, City Project No. 22-41.

1. Authorize the Interim City Manager to execute all necessary documents.2.

L. APPROVE AN AGREEMENT WITH THE DRUG ENFORCEMENT

ADMINISTRATION TO PARTICIPATE IN PALM SPRINGS NARCOTICS TASK FORCE
RECOMMENDATION:

Approve Agreement No. A9275 with the Drug Enforcement Administration through September 30, 2026.

1. Authorize the Interim City Manager to execute all necessary documents. 2.

M. AWARD A CONSTRUCTION CONTRACT TO ELECNOR BELCO ELECTRIC, INC. IN THE AMOUNT OF $363,789 FOR THE HIGH-INTENSITY ACTIVATED

CROSSWALK BEACON (HAWK) SIGNAL, RACQUET CLUB ROAD AND VIA MIRALESTE, CITY PROJECT NO. 21-12
RECOMMENDATION:

Award a construction contract to Elecnor Belco Electric, Inc. (Belco), in the amount of $363,789 for the HAWK signal on East Racquet Club Road at North Via Miraleste, City Project No. 21-12 (“the Project”).

1. Authorize the Interim City Manager or designee to execute all necessary documents.

2. N. PALM SPRINGS BOARD OF LIBRARY TRUSTEES ANNUAL REPORT FOR FISCAL YEAR 2021-22
RECOMMENDATION:

Receive and file the Palm Springs Board of Library Trustees Annual Report for Fiscal Year 2021-22.

November 28, 2022 City Council Regular Meeting Agenda 5 EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.

2. PUBLIC HEARINGS:

A. AUTHORIZING ANNEXATION NO. 26 TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES)
RECOMMENDATION:

Hold a Public Hearing on the matter.1.

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING
ANNEXATION NO. 26, TRACT MAP NO. 37935, INTO COMMUNITY
FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES),

AUTHORIZING THE LEVY OF A SPECIAL TAX, AND SUBMITTING THE LEVY OF SPECIAL TAX TO QUALIFIED ELECTORS.

2. Conduct the Special Annexation Landowner Election.3.

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS

OF A SPECIAL ANNEXATION LANDOWNER ELECTION, DETERMINING

VALIDITY OF PRIOR PROCEEDINGS, AND DIRECTING THE RECORDING

OF AN AMENDMENT TO NOTICE OF SPECIAL TAX LIEN FOR
ANNEXATION NO. 26, Tract Map No. 37935, INTO COMMUNITY
FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES).

4. Introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE

LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT,

INCLUDING CERTAIN ANNEXATION TERRITORY IDENTIFIED AS
ANNEXATION NO. 26, TRACT MAP NO. 37935 INTO COMMUNITY
FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES).

5. B. A REQUEST FOR AMENDMENTS TO PALM SPRINGS ZONING CODE CHAPTER 92.00 RELATED TO ZONING REGULATIONS FOR CHILDCARE USES (CASE 5.1566 ZTA)
RECOMMENDATION:

Waive the reading of the ordinance text in its entirety and read by title only.1.

Introduce on first reading an Ordinance entitled, “AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING CHAPTER 92.00 OF THE PALM SPRINGS ZONING CODE

RELATED TO THE ZONING REQUIREMENTS FOR CHILDCARE USES
(CASE 5.1566 ZTA).”

2. November 28, 2022 City Council Regular Meeting Agenda 6

3. BUSINESS & LEGISLATIVE:

A. CONDUCT SECOND READING (ADOPTION) OF AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.25 REGARDING VACATION RENTALS, AND

TERMINATING THE MORATORIUM CURRENTLY IN PLACE REGARDING THE

PROCESSING AND ISSUANCE OF VACATION RENTAL CERTIFICATES RECOMMENDATION:

Conduct a second reading (adopt) an Ordinance entitled, “AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.25 REGARDING VACATION RENTALS, AND TERMINATING

THE MORATORIUM CURRENTLY IN PLACE REGARDING THE PROCESSING AND ISSUANCE OF VACATION RENTAL CERTIFICATES.”

B. 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
RECOMMENDATION:

Waive the reading of the ordinance text in its entirety and read by title only.1.

Introduce on first reading an Ordinance entitled, “AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING CHAPTER 5.77 OF THE PALM SPRINGS MUNICIPAL CODE

RELATING TO ADULT-ORIENTED BUSINESS REGULATIONS, AND A
REPEAL OF CHAPTER 11.10 RELATING TO PUBLIC NUDITY.”

2. C. REQUEST TO ADD CHAPTER 5.89 TO THE PALM SPRINGS MUNICIPAL CODE RELATING TO SIDEWALK VENDING, AND TO AMEND CHAPTER 5.48

RELATIVE TO COMMERCIAL SOLICITATION
RECOMMENDATION:

Waive the reading of the ordinance text in its entirety and read by title only.1.

Introduce on first reading an Ordinance entitled, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.89 TO THE

PALM SPRINGS MUNICIPAL CODE, ESTABLISHING REGULATIONS ON SIDEWALK VENDING IN COMPLIANCE WITH SENATE BILL 946."

2. Provide direction to staff on amendments to PSMC Chapter 6.15, “Mobile Food Vending Vehicles.”

3. D. CLIMATE ACTION PROGRESS UPDATE
RECOMMENDATION:

Receive the report and provide direction to staff.

PUBLIC COMMENT: (Non-Agenda Items) This time has been set aside for members of the November 28, 2022 City Council Regular Meeting Agenda 7 PUBLIC COMMENT: (Non-Agenda Items) This time has been set aside for members of the public to address the City Council on items of general interest within the subject matter jurisdiction of the City. Although the City Council values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Two (2) minutes will be assigned to each speaker.

CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT: This time is set aside for the City Council and City Manager to provide additional general comments and reports. Additionally, the City Council and City Manager may briefly discuss items of concern and prioritize agenda items for future meeting dates.

ADJOURNMENT:

AFFIDAVIT OF POSTING
State of California )
County of Riverside ) ss.

City of Palm Springs )

I, Monique M. Lomeli, Chief Deputy City Clerk of the City of Palm Springs, California, hereby certify this Agenda was delivered to each member of the City Council, provided to all parties who have requested such notice, posted at City Hall before 5:00 p.m., on November 22, 2022, and posted on the City’s website as required by established policies and procedures.

____________________________
Monique M. Lomeli, CMC
Chief Deputy City Clerk

P U B L I C N O T I C E S

Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk. Agenda and staff reports are available on the City’s website www.palmspringsca.gov. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at
(760) 323-8204.

It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 323-8204, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible.

November 28, 2022 City Council Regular Meeting Agenda 8

CITY COUNCIL STAFF REPORT
11/28/2022
SUBJECT:
3:30 P.M. CLOSED SESSION
Attachments
Closed Session Agenda

CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF THE PALM SPRINGS

CLOSED SESSION AGENDA
Monday, November 28, 2022 – 3:30 p.m.

Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference and there will be no in-person public access to the meeting location.

PUBLIC COMMENT PERIOD FOR CLOSED SESSION ITEMS ONLY
(Time limit is two minutes per person) The City Council welcomes public input. Pursuant to State law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). Please contact the City Clerk at 760-323-8204 to be added to the queue.

CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from the City Attorney, that discussion in open session of the following described matter(s) will prejudice the position of the City in existing and anticipated litigation.

MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION G C. § 54956.9(d)(2)

Three (3) matters that, 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.

Claim No. 22-0903, dated April 27, 2022, filed by Law Offices of Monrow Mabon and Barry J. Bennett, on behalf of Pearl Devers, Survivors & Descendants of Section 14.

DISCUSSION TO CONSIDER INITIATION OF LITIGATION G. C.§ 54956.9(d)(4)

Under existing facts and circumstances, there are two (2) matters the City Council has decided or may decide to initiate litigation.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR G.C. § 54956.8

Property Description: 2990 E. Tahquitz Canyon Way (APN: 502-143-004) Palm Springs, CA
Agency: City of Palm Springs
City Negotiator: Teresa Gallavan, Interim City Manager Negotiating Parties: Tahquitz Housing Associates, LP
Under Negotiation: Price and Terms of Payment for Real Property Covenants

Property Description: 677-540-028; 677-540-036 (Gene Autry Trail and Mission Drive); 513-560-048 (Southwest Corner of North Belardo Road and Belardo Road); APN: 504-150-011 Through 504-150-055 (N/L W.

Closed Session Agenda
November 28, 2022

Page 2 ends

Chino Canyon Rd. & S/L Sanborn Way); 504- 040-046 (West of North Vista Grande Avenue be tween Tramway Road and W.

Racquet Club Road); 513- 290-013 (190 W. Sunny Dunes Rd.); 669-070-002; 669-070-001 (1 Train Station Road (adjacent)); 680- 072-012; 680-072-009; 680-072-006; 680-072-005 (4 parcels on eastern half of block located at southwest corner of Ramon Road and Vella Road, north of513-153-017 Calle De Ricardo); 680-073- 003; 680- 073-004; 680- 073-006; 680- 073-005 (4 parcels on eastern half of block located at southwest corner of Calle De Ricardo and Vella Road, north of Calle De Carlos); 513- 091-003 (285 N. Indian Canyon Dr.); 513 -153-017 (223 S. Palm Canyon Dr.); 513-153-017 (221 S. Palm Canyon Dr.); 513- 153-017 (211 S. Palm Canyon Dr.); 513- 153-017 (219 S. Palm Canyon Dr.); 501-401-010 (233 West Tramview Road); 504- 040-053 (2901 N.

Palm Canyo n Drive (Adjacent)); 501- 401-039 (El Dorado Boulevard (no address)); 669- 353-001 (Rosa Parks Road (no address)) Palm Springs, CA
Agency: City of Palm Springs
City Negotiator: Teresa Gallavan, Interim City Manager Negotiating Parties: Any
Under Negotiation: Price and Terms of Payment

CONFERENCE WITH LABOR NEGOTIATORS G.C. § 54957.6

City Negotiators: Teresa Gallavan, Interim City Manager Jeremy Hammond, Deputy City Manager
Stephanie St. George, Human Resources Director
Peter Brown, Attorney
Employee organization: Management Association of Palm Springs Palm Springs Firefighters Association
Palm Springs Fire Management
Palm Springs Police Management Association
Palm Springs Police Officers Association
Public Employees Association of Palm Springs
All unrepresented employees

PUBLIC EMPLOYEE APPOINTMENT G.C. § 54957

Title: City Manager Recruitment

CITY COUNCIL STAFF REPORT
11/28/2022
SUBJECT:

FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
RECOMMENDATION:

Attachments
Item 1A

CITY COUNCIL STAFF REPORT

DATE: November 10, 2022 CONSENT CALENDAR

SUBJECT: FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISS ION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361

FROM: Teresa Gallavan, Interim City Manager

BY: Brenda Pree, City Clerk

RECOMMENDATION:

Find that the City Council has considered the circumstances of the state of emergency during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing, and as a result, the Palm Springs City Council and all of Palm Springs Board, C ommission, and Committee meetings may be held by videoconference, in accordance with AB 361.

BACKGROUND:

Governor Newsom’s Executive Orders N-29-20 and N-35-20, which relaxed some of the Brown Act’s teleconferencing provisions during the COVID -19 pandemic, expired on September 30, 2021. On September 16, 2021, Governor Newsom signed AB 361, which amends sections of the Brown Act to allow legislative bodies to more easily hold teleconference meetings during a state of emergency.

In order to utilize these provisions of the Brown Act, the City Council must find that it has considered the circumstances of the state of emergency, and either:

(1) state or local officials have imposed or recommended measures to promote social distancing as a result of the proclaimed state of emergency, or
(2) the state of emergency continues to directly impact the ability of the members to meet safely in person.

The City Council must make these findings every 30 days for as long as the City is conducting virtual meetings under AB 361.

City Staff and the City Attorney’s Office believe that these findings can be made. Although the Governor’s Executive Orders dealing with virtual meetings have expired, the original state of emergency for COVID -19 is still in effect. In addition, the California Department of Public Health (CDPH) and the County of Riverside continue to recommend social distancing as a result of the COVID-19 state of emergency.

Item 1A - Page 1
City Council Staff Report
November 10, 2022 -- Page 2
Virtual Meetings Under AB 361

As such, City S taff and the City Attorney recommend that t he City Council make these findings, including at every Council meeting, in order to meet the “every 30 days ” requirement of AB 361. These findings would apply to all City Boards, Commissions and Committees, so they are able to hold virtual meetings under AB 361.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

REVIEWED BY:

Department Director: Brenda Pree
City Attorney: Jeffrey S. Ballinger
Interim City Manager: Teresa Gallavan

Item 1A - Page 2

CITY COUNCIL STAFF REPORT
11/28/2022 CONSENT CALENDAR
SUBJECT:

APPROVAL OF MINUTES
RECOMMENDATION:

Attachments
Item 1B
Thursday, January 27, 2022
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs

Pursuant to Assembly Bill 361 this meeting was conducted by teleconference and there was no in-person public access to the meeting location.

CALL TO ORDER:

A Regular Meeting of the Palm Springs City Council was called to order by Mayor Middleton on Thursday, January 27, 202 2, 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 Tem Grace Elena Garner; and Mayor Lisa Middleton

Absent: None.

City Staff

Present: Justin Clifton, City Manager; Teresa Galavan, Assistant City Manager, Jeffrey Ballinger, City Attorney; and Anthony J. Mejia, City Clerk, were present at Roll Call.

Other staff members presented reports or responded to questions as indicated in the minutes.

PRESENTATIONS:

• COVID-19 CASE AND WASTEWATER TESTING UPDATE

Emergency Management Coordinator Daniel DeSelms presented an update of COVID-19 statistics in Riverside County, the Coachella Valley and the City and addressed results of wastewater testing.

• GREATER PALM SPRINGS CONVENTION AND VISITORS’ BUREAU UPDATE

Scott White and Colleen Pace narrated a PowerPoint presentation with the annual update on the Greater Palm Springs Convention and Visitors Bureau.

Discussion followed regarding an assessment of 1% added to TOT on vacation rentals to create a Business Improvement District, the Love Local Campaign,

ACCEPTANCE OF THE AGENDA:

Item 1B - Page 1
City Council Minutes January 27, 2022

City of Palm Springs Page 2

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES Mayor Middleton announced that Item No. 1O has been pulled from the agenda by staff for separate discussion and noted Item No. 5A will be moved to immediately after the Consent Calendar.

Councilmember Holstege pulled Item No. 1M from the Consent Calendar, for separate discussion.

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to accept the agenda, as amended, remove Consent Calendar Item Nos. 1M and 1O for separate discussion and move Item No. 5A to immediately after the Consent Calendar.

REPORT OF CLOSED SESSION:

The Regular Closed Session of the City Council of January 27, 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:

CONFERENCE WITH LEGAL COUNSEL – MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2):

Two (2) matters that, under the existing circumstances, the City Attorney believes creates significant exposure to litigation.

CONFERENCE WITH LEGAL COUNSEL – DISCUSSION TO CONSIDER INITIATION OF LITIGATION, Pursuant to Government Code Section 54956.9(d)(4):

Under existing facts and circumstances, there are four (4) matters the City Council has decided or may decide to initiate litigation.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54956.8:

Property Description: 3589 McCarthy Road, Palm Springs 92234 (APN 669-420-019) Agency: City of Palm Springs
City Negotiator: Justin Clifton, City Manager
Negotiating Parties: McCarthy Road Productions, LLC
Under Negotiation: Price and Terms of Payment

Property Description: Boulders Property (Lots 1-45 of Tract Map 31095/APNs 504- 150-011 through -055); Crescendo Property (APN 504-040- 046); Gene Autry Property (APNs 677-540-028 & 677 -540- 029); Block G of parcel map 36446 (APN 513-560-048)
Agency: City of Palm Springs
City Negotiator: Justin Clifton, City Manager
Negotiating Parties: Potential buyer(s)
Under Negotiation: Price and Terms of Payment
Item 1B - Page 2
City Council Minutes January 27, 2022

City of Palm Springs Page 3

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

Property Description: Indian Canyon Drive, South of Garnet Avenue (669-060-027, 669-070-004); 6400 N. Indian Canyon Dr. (669 -093-010); Indian Canyon Drive, approx. 600 ft. south of Garnet Avenue (669-060-028, 669-060-029); 6545 W. Garnet Ave. (669-060- 022); Indian Canyon Drive, South of Garnet Avenue (669-093- 002, 669-093-003); 5400 N. Indian Canyon Dr. (669-100-001) Agency: City of Palm Springs
City Negotiator: Donn Uyeno, Principal Engineer, Jamie Formico, Right of Way Manager
Negotiating Parties: Robert Miner, Southern California Edison, Southern California Gas Co., Robert W. Miner Trust, Granite
Construction
Under Negotiation: Price and Terms of Payment

CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957.6:

City Negotiators: Justin Clifton, City Manager
Jeremy Hammond, Human Resources Director
Andrew Mills, Chief of Police
Peter Brown, Legal Counsel

Employee Organization: Public Employees Association of Palm Springs (PEAPS) Management Association of Palm Springs (MAPS)
Palm Springs Firefighters Association (PSFA)
Palm Springs Fire Management (PSFMA)
Executives

City Attorney Ballinger reported that the City Council received briefings and provided direction to staff regarding the agendized Closed Session Items but did not take any reportable action.

PUBLIC TESTIMONY:

The following individuals spoke in opposition to the proposed location for Item No. 5A:

Linda Sacket
Toby Divine
William Phillips
Jeff Toig
Jessica Toig
Josh Levine
Sasha Socket
Rev. Rodell Henshaw
Frank Tysen

The following individuals spoke in support of Item No. 5A:

Item 1B - Page 3
City Council Minutes January 27, 2022

City of Palm Springs Page 4

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES Michael Braun
Shannon Anderson
Aftab Dada
Steve Boswell
Celeste Brackley
David Murphy
Ginny Foat
Kathy Weremiuk
Jeffrey Bernstein
Jerry Keller
Bruce Hogan

Dan Fast, speaking on Item No. 1O, expressed concerns regarding the scope of the project and asked to meet with building officials to discuss it further.

Jaymes Green, Chair, Gene Autry Neighborhood Organization, thanked City Council for approving Item No. 1J.

There were no other public comments.

CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS:

Mayor Pro Tem Garner announced she will be part of the SCAG Riverside County Housing Policy Leadership Academy; reported the restrooms at the Desert Hills Community Center Park are being built; discussed an upcoming event by the Building Resilience in African American Communities; talked about the upcoming Black History Awards.

Councilmember Kors announced the upcoming Rock the Park concert.

Councilmember Holstege discussed her COVID Working Group which meets every other week and commented on a meeting with College of the Desert Board of Trustees; talked about a chairing a CVAG Homelessness Committee meeting and addressed quarterly district meetings.

City Manager Clifton discussed how COVID has impacted City operations and thanked the community for its patience.

Councilmember Woods discussed efforts to get a COD campus in Palm Springs.

Mayor Middleton discussed a recent event by Sunline Transit to review and examine how Sunline is using hydrogen technology and spoke about representing Palm Springs at the Holocaust Memorial in Palm Desert.

1. CONSENT CALENDAR:

Item 1B - Page 4
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ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to approve the consent calendar, with the removal of Item Nos. 1M and 1O 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 MAYOR PRO TEM
GARNER, CARRIED 5-0, to find that the City Council has considered the circumstances of the state of emergency during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing, and as a result, the Palm Springs City Council and all of Palm Springs Board, Commission, and Committee meetings will be held by video conference, in accordance with AB 361.

B. APPROVAL OF MINUTES

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5 -0, to a pprove the City Council Meeting Minutes of October 28, 2021.

C. ACCEPTANCE OF A RESIGNATION FROM THE PARKS AND RECREATION

COMMISSION

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0, to accept with regret the resignation of Travis Armstrong from the Parks and Recreation Commission.

D. SECOND READING AND ADOPTION OF ORDINANCE NO. 2056 OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS ZONING CODE CHAPTER 92 AND CHAPTER 93 RELATIVE TO THE DEVELOPMENT STANDARDS FOR THE M -2 (MANUFACTURING) AND E-I (ENERGY INDUSTRIAL) ZONES (CASE 5.1547 ZTA)

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0, to adopt Ordinance No. 2056 entitled, “AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS ZONING CODE SECTION CHAPTERS 92 AND 93 RELATIVE TO THE DEVELOPMENT STANDARDS FOR THE M -2
(MANUFACTURING) AND E-I (ENERGY INDUSTRIAL) ZONES.”

E. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0, to adopt Resolution No. 24971 entitled, “A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,

APPROVING PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 11 -27-21 AND 12 -11-21 TOTALING $4,126,901.03 AND Item 1B - Page 5
City Council Minutes January 27, 2022

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ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES ACCOUNTS PAYABLE WARRANTS DATED 11 -22-21, 11 -24-21 AND 12 -09-21 TOTALING $9,792,877.13, IN THE AGGREGATE AMOUNT OF $13,919,778.16, DRAWN ON BANK OF AMERICA.”

F. RATIFYING THE ANNUAL ADJUSTMENT OF THE ACCESS LINE RATE PURSUANT TO PALM SPRINGS MUNICIPAL CODE 3.39.050 APPROVED BY VOTERS BY MEASURE “G”

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0, to adopt Resolution No. 24972 entitled, “A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,

RATIFYING THE ANNUAL ADJUSTMENT OF THE ACCESS LINE RATE PURSUANT TO PALM SPRINGS MUNICIPAL CODE §3.39.050 APPROVED BY VOTERS BY MEASURE “G.”

G. AUTHORIZATION OF A PURCHASE ORDER TO RS&H CALIFORNIA, INC.

FOR PRE -DESIGN, DESIGN, AND BID PHASE SERVICES IN AN AMOUNT NOT TO EXCEED $595,485 FOR AIRPORT TAXIWAY REHABILITATION, CITY PROJECT NO. 21-27

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0, to:

1. Authorize a Purchase Order in an amount not to exceed $595,485 with the City’s “on- call” professional aviation consulting services firm, RS&H, a California corporation, pursuant to Agreement No. A7148, design services for Airport Taxiway Rehabilitation, City Project No. 21-27.

2. Authorize the City Manager or his designee to execute all necessary documents.

H. AUTHORIZATION OF A PURCHASE ORDER TO RS&H CALIFORNIA, INC.

TO COMPLETE A WILDLIFE HAZARD ASSESSMENT IN AN AMOUNT NOT TO EXCEED $133,892 FOR AIRPORT WILDLIFE HAZARD ASSESSMENT, CITY PROJECT NO. 21-29

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0, to:

1. Authorize a Purchase Order in an amount not to exceed $133,892 with the City’s “on- call” professional aviation consulting services firm, RS&H, a California corporation, pursuant to Agreement No. A7148 design services for Airport Wildlife Hazard Assessment, City Project No. 21-29.

2. Authorize the City Manager or his designee to execute all necessary documents.

I. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 8436 WITH BRUCE

BOWER INVESTIGATIONS FOR BACKGROUND SERVICES
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ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0, to:

1. Approve Amendment No. 1 to Agreement No. 8436 with Bruce Bower Investigations for background services.

2. Authorize the City Manager to execute all necessary documents.

J. APPROVAL OF A PURCHASE ORDER TO HARRIS & ASSOCIATES, INC. IN AN AMOUNT NOT TO EXCEED $90,500 FOR DESIGN AND CONSTRUCTION SUPPORT SERVICES FOR TRACT 13257 - PHASE 4 SEWER IMPROVEMENTS, CITY PROJECT NO. 21-17

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0, to:

1. Authorize a Purchase Order in an amount not to exceed $90,500 with Harris & Associates, Inc., pursuant to the City’s “on- call” agreement (A8411), for design, bid phase services, and construction phase services for Tract 13257 - Phase 4 Sewer Improvements, City Project No. 21-17.

2. Authorize the City Manager to execute all necessary documents.

K. RENEW AGREEMENT WITH COUNTY OF RIVERSIDE ON BEHALF OF

PROBATION DEPARTMENT AND POST -RELEASE ACCOUNTABILITY AND

COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0, to:

1. Renew agreement with Riverside County, on behalf of its Probation Department and Post-Release Accountability and Compliance Team, through June 30, 2022.

2. Authorize the City Manager to execute all necessary documents.

L. AWARD GOODS PURCHASE AGREEMENT NO. A9030 WITH MARCO
INDUSTRIES, INC. FOR THE PURCHASE OF A RUNWAY SWEEPER FOR THE

PALM SPRINGS INTERNATIONAL AIRPORT IN THE AMOUNT OF
$367,213.22

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAY OR PRO TEM GARNER, CARRIED 5-0, to:

1. Approve a Goods Purchase Agreement (A9030) with Marco Industries, Inc. dba Mar - Co Equipment Company for the purchase of a CNG -powered runway sweeper for the Palm Springs International Airport in the total amount of $367,213.22.

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ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

2. Authorize the City Manager or his designee to execute all necessary documents.

M. MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF PALM SPRINGS

AND THE PALM SPRINGS PLAZA THEATRE FOUNDATION

This item was heard under Excluded Consent Calendar Items.

N. APPROVAL OF A SECOND AMENDMENT TO CONTRACT SERVICES
AGREEMENT (A6973) WITH R & R JANITORIAL, AN INDIVIDUAL

COMPANY, FOR JANITORIAL SERVICES FOR VARIOUS CITY FACILITIES

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0, to:

1. Approve a Second Amendment to Contract Services Agreement (A6973) with R & R Janitorial for an annual increase of $104,821.44, and a total annual contract amount not to exceed $540,997.45, to cease janitorial services at the former Police Department Downtown Substation (located at 105 S. Indian Canyon Drive) and for the addition of janitorial services provided at the new Downtown Park Restrooms, new Police Department Substation, Plaza Theatre, and Downtown trash removal.

2. Authorize the City Manager to execute all necessary documents.

O. AUTHORIZE A PURCHASE ORDER IN THE AMOUNT OF $310,362 WITH ALBERT A. WEBB ASSOCIATES, A CALIFORNIA CORPORATION, FOR

PRELIMINARY ENGINEERING AND ENVIRONMENTAL DESIGN SERVICES FOR THE RIM ROAD IMPROVEMENT PROJECT, CITY PROJECT NO. 22-04

This item was heard under Excluded Consent Calendar Items.

P. RESOLUTION IN SUPPORT OF SB 1383 LOCAL ASSISTANCE GRANT

PROGRAM APPLICATION

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0, to adopt Resolution No. 24973 entitled, “A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,

AUTHORIZING SUBMITTAL OF APPLICATIONS FOR ALL CALRECYCLE GRANTS FOR WHICH THE CITY OF PALM SPRINGS IS ELIGIBLE.”

Q. AUTHORIZATION OF A PURCHASE ORDER TO RS&H CALIFORNIA, INC.

TO COMPLETE AN AIRFIELD HOT SPOT STUDY IN AN AMOUNT NOT TO EXCEED $179,802, CITY PROJECT NO. 21-30

MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to

Item 1B - Page 8
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1. Authorize a Purchase Order in an amount not to exceed $179,802 with the City’s “on- call” professional aviation consulting services firm, RS&H, a California corporation, pursuant to Agreement No. A7148 for design services for Airport Hot Spot Study, City Project No. 21-30.

2. Authorize the City Manager or his designee to execute all necessary documents.

R. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO RELEASE SUBDIVISION IMPROVEMENT SECURITIES FOR THE “VIBE DEVELOPMENT – JEN CALIFORNIA 3, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY,” TRACT MAP 36689

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0, to adopt Resolution No. 24974 entitled, “A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,

AUTHORIZING ACCEPTANCE OF THE SUBDIVISION IMPROVEMENTS
ASSOCIATED WITH TRACT MAP 36689 AND AUTHORIZING RELEASE OF

SECURITIES REQUIRED BY THE SUBDIVISION IMPROVEMENT AGREEMENT WITH JEN CALIFORNIA 3, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, (A7158), FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF FARRELL DRIVE AND BARISTO ROAD, IN SECTION 13, TOWNSHIP 4 SOUTH, RANGE 4 EAST”.

S. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO RELEASE SUBDIVISION IMPROVEMENT SECURITIES FOR THE “ICON DEVELOPMENT – FAR WEST INDUSTRIES, A CALIFORNIA
CORPORATION,” TRACT MAP 36725

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0, to adopt Resolution No. 24975 entitled, “A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,

AUTHORIZING ACCEPTANCE OF THE SUBDIVISION IMPROVEMENTS
ASSOCIATED WITH TRACT MAP 36725 AND AUTHORIZING RELEASE OF

SECURITIES REQUIRED BY THE SUBDIVISION IMPROVEMENT AGREE MENT WITH FAR WEST INDUSTRIES, (A7028), FOR PROPERTY LOCATED AT THE

SOUTHEAST CORNER OF NORTH PALM CANYON DRIVE AND ALVARADO ROAD, IN SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST.”

T. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF OCTOBER 1 THROUGH DECEMBER 31, 2021

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0, to receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of October 1 through December 31, 2021.

EXCLUDED CONSENT CALENDAR ITEMS

Item 1B - Page 9
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ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES M. MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF PALM SPRINGS

AND THE PALM SPRINGS PLAZA THEATRE FOUNDATION

MOTION BY COUNCILMEMBER HOLSTEGE , SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to:

1. Approve Memorandum of Understanding between City of Palm Springs and The Palm Springs Plaza Theatre Foundation.

2. Authorize the City Manager to execute said MOU.

O. AUTHORIZE A PURCHASE ORDER IN THE AMOUNT OF $310,362 WITH ALBERT A. WEBB ASSOCIATES, A CALIFORNIA CORPORATION, FOR

PRELIMINARY ENGINEERING AND ENVIRONMENTAL DESIGN SERVICES FOR THE RIM ROAD IMPROVEMENT PROJECT, CITY PROJECT NO. 22-04

MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5 -0, to table this matter to a date, uncertain , consult with neighborhood and take no action at this time.

2. PUBLIC HEARINGS:

A. REDISTRICTING 2021: PUBLIC HEARING REGARDING REDISTRICTING OF

CITY COUNCIL BOUNDARIES AS REQUIRED BY ELECTIONS CODE
SECTION 21601 ET SEQ

By consensus, the City Council continued the Public Hearing to the City Council meeting of February 10, 2022.

B. REQUEST BY THE CITY OF PALM SPRINGS FOR ADOPTION OF AN ORDINANCE TO IMPLEMENT SENATE BILL 9 REQUIREMENTS FOR

URBAN LOT SPLITS AND TWO -UNIT RESIDENTIAL DEVELOPMENTS, CASE 5.1548 ZTA

Deputy City Manager Fagg presented details of the report.

Mayor Middleton opened the public hearing.

There were no public comments on this item.

Mayor Middleton closed the public hearing.

MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:

1. Introduce Ordinance No. 2058 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 9.62 Item 1B - Page 10
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ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES 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 ORDINANCE TO BE
EXEMPT FROM CEQA.” City Clerk Mejia read the ordinance by title.

2. Direct staff to develop design guidelines.

C. CONDUCT BROWN ACT PUBLIC HEARING TO CONSIDER

AUTHORIZATION TO TRANSITION TO A PER TRANSACTION DAY

CUSTOMER FACILITY CHARGE

MOTION BY COUNCILMEMBER KORS , SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to:

1. Conduct a Brown Act Public Hearing to consider the implementation of an alternative CFC in the amount of $9.00 per transaction day (maximum 5 -day limit) at the Airport in accordance with Section 50474.

2. Adopt Resolution No. 24976 entitled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRING, CALIFORNIA MODIFYING THE PALM SPRINGS INTERNATIONAL AIRPORT CUSTOMER FACILITY CHARGE.”

3. Authorize the City Manager, or his designee, to coordinate the filing of the necessary reports and documents with the State of California as required in Section 50474 and to notify the rental car companies serving the Airport of the change in the CFC rate as of March 1, 2022.

3. LEGISLATIVE:

A. FIRST READING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 10.22.060 OF THE PALM SPRINGS MUNICIPAL CODE RELATED TO UNATTENDED ANIMALS IN ENCLOSED VEHICLES – GUIDE DOGS OF

THE DESERT

MOTION BY MAYOR PRO TEM GARNER , SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to introduce Ordinance No. 2059 entitled, "AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE CHAPTER 10.22 RELATED TO UNATTENDED ANIMALS IN ENCLOSED VEHICLES." City Clerk Mejia read the ordinance by title.

4. UNFINISHED BUSINESS: None.

5. NEW BUSINESS:

A. MEMORANDUM OF UNDERSTANDING AND ACQUISITION AND FUNDING

AGREEMENT BETWEEN CITY OF PALM SPRINGS AND COUNTY OF
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ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES RIVERSIDE, FOR THE PURCHASE OF REAL PROPERTY LOCATED AT 3589

MCCARTHY ROAD, PALM SPRINGS, CALIFORNIA, FOR A PROPOSED LOW

BARRIER NAVIGATION CENTER AND APPROVAL OF A CONTRACT
SERVICES AGREEMENT WITH MARTHA’S VILLAGE AND KITCHEN

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to approve Contract Services Agreement with Martha’s Village and Kitchen to operate the proposed Navigation Center at 3589 McCarthy Road.

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 4-1 (MAYOR PRO TEM GARNER VOTING NO), to:

1. Approve Memorandum of Understanding between City of Palm Springs and County of Riverside, for the purchase of 3589 McCarthy Road, for a proposed low barrier navigation center.

2. Approve Acquisition and Funding Agreement between City of Palm Springs, for the purchase of 3589 McCarthy Road, for a proposed low barrier navigation center.

3. Authorize the City Manager to execute said Memorandum of Understanding and Acquisition and Funding Agreement, and Contract Services Agreement with any modifications approved by the City Manager and City Attorney, for the purchase of 3589 McCarthy Road, for a proposed low barrier navigation center.

4. Adopt Resolution No. 24970 entitled “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY

MANAGER TO TAKE ANY AND ALL ACTIONS, AND EXECUTE ANY OTHER

DOCUMENTS, NECESSARY TO APPLY FOR GRANT FUNDING AND
PURCHASE THE PROPERTY LOCATED AT 3589 MCCARTHY ROAD, PALM SPRINGS, FOR A PROPOSED LOW BARRIER NAVIGATION CENTER.”

Recess/Reconvene

Mayor Middleton called for a recess at 9:50 p.m. The meeting reconvened at 10:00 p.m., with all Councilmembers, present.

B. DESERT COMMUNITY ENERGY LINE OF CREDIT GUARANTY

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to:

1. Adopt Resolution No. 24977 entitled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN

UNCONDITIONAL GUARANTY OF THE OBLIGATIONS OF DESERT

COMMUNITY ENERGY UNDER A CREDIT AGREEMENT WITH RIVER CITY BANK.”

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ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

2. Authorize the City Manager, in consultation with the City Attorney, to negotiate and take such actions necessary and appropriate to finalize and execute the Guaranty and associated documents.

PUBLIC COMMENT: (Non-Agenda Items) - None

CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT:

Councilmember Kors discussed adding a presentation from College of the Desert as an agenda item.

City Manager Clifton discussed the tentative upcoming meeting schedule including a Study Session on February 22, 2022.

Councilmember Garner requested that staff coordinate an update from the College of the Desert for a future City Council meeting.

Councilmember Kors requested copies of the final redistricting maps.

Mayor Middleton requested a presentation on plans to return to in-person City Council meetings.

ADJOURNMENT:

The City Council adjourned at 10:45 p.m.

Respectfully submitted,

Brenda Pree, MMC, CERA
City Clerk

APPROVED BY CITY COUNCIL: ___/___ /2022

Item 1B - Page 13
Thursday, February 10, 2022
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs

Pursuant to Assembly Bill 361 this meeting was conducted by teleconference and there was no in-person public access to the meeting location.

CALL TO ORDER:

A Regular Meeting of the Palm Springs City Council was called to order by Mayor Middleton on Thursday, February 10, 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 Tem Grace Elena Garner; and Mayor Lisa Middleton

Absent: None.

City Staff

Present: Justin Clifton, City Manager; Teresa Galavan, Assistant City Manager, Jeffrey Ballinger, City Attorney; and Anthony J. Mejia, City Clerk, were present at Roll Call.

Other staff members presented reports or responded to questions as indicated in the minutes.

PRESENTATIONS: None.

ACCEPTANCE OF THE AGENDA:

City Manager Clifton referenced Item No. 5A; explained that there was a scheduling conflict and that the item will be scheduled for a future City Council meeting.

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to delete Item No. 5A from the agenda.

REPORT OF CLOSED SESSION:

The Regular Closed Session of the City Council of February 10, 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:

Item 1B - Page 14
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ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES CONFERENCE WITH LEGAL COUNSEL – MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2):

Three (3) matters that, under the existing circumstances, the City Attorney believes creates significant exposure to litigation.

Letters from Rod Pacheco, Pacheco & Neach, dated May 17, 2021, September 27, 2021, and October 29, 2021, regarding Frank Bogert statue.

CONFERENCE WITH LEGAL COUNSEL – DISCUSSION TO CONSIDER INITIATION OF LITIGATION, Pursuant to Government Code Section 54956.9(d)(4):

Under existing facts and circumstances, there are three (3) matters the City Council has decided or may decide to initiate litigation.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54956.8:

Property Description: Portion of Airport Property, APN 502-100-030, Palm Springs Portion of Airport Property, 2901 E. Alejo Rd., Palm Springs Agency: City of Palm Springs
City Negotiator: Justin Clifton, City Manager
Negotiating Parties: Coachella Valley Economic Partnership, Garland Commercial Group, on behalf of Palm Springs Aviation
Academy
Under Negotiation: Price and Terms

CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957.6:

City Negotiators: Justin Clifton, City Manager
Jeremy Hammond, Human Resources Director
Andrew Mills, Chief of Police
Peter Brown, Legal Counsel

City Attorney Ballinger reported that the City Council received briefings and provided direction to staff regarding the agendized Closed Session Items but did not take any reportable action.

PUBLIC TESTIMONY:

Bruce Hoban, speaking on Item No. 5A, asked City Council to hold Mr. Gonzalez, Mr. Wilson and Ms. Perez, from College of the Desert, accountable, to give a community presentation at a future City Council meeting.

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There were no other public comments.

CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS:

Mayor Middleton reported on a recent meeting of the Riverside County Transportation Commission.

Councilmember Woods commented on protection measures the City has taken to increase transparency; asked for an independent investigation into the Measure J Commission and stated there could be a potential conflict.

Councilmember Kors felt Councilmember Woods's commented are offensive and outrageous; suggested that the subject should be discussed with the City Attorney, in closed session; noted the Measure J Commission was adopted by voters; reported the Me asure J Commission makes recommendations to City Council and Council decides what to support.

City Attorney Ballinger recommended that City Council limit the discussion on whether Council wants to add it to a future agenda.

Councilmember Kors discussed the recent Concert in the Park.

1. CONSENT CALENDAR:

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, 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 COUNCILMEMBER KORS, CARRIED 5-0, to find that the City Council has considered the circumstances of the state of emergency during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing, and as a result, the Palm Springs City Council and all of Palm Springs Board, Commission, and Committee meetings will be held by videoconference, in accordance with AB 361.

B. APPROVAL OF MINUTES

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 5 -0, to a pprove the City Council Meeting Minutes of November 4, 2021.

C. APPROVAL OF AMENDMENT NO. 5 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2021-22

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to:

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1. Adopt Resolution No. 24978 entitled, “A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 5 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2021-2022, ADOPTED BY RESOLUTION NO. 24912.”

2. Authorize the City Manager to execute all necessary documents.

D. ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS TO ENTER INTO AN AGREEMENT WITH THE
GOVERNOR’S OFFICE OF BUSINESS AND ECONOMIC DEVELOPMENT FOR CANNABIS EQUITY GRANT FUNDING FOR THE FISCAL YEAR 21/22

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to:

1. Adopt Resolution No. 24979 entitled, “A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO ENTER INTO AN AGREEMENT WITH THE GOVERNOR’S OFFICE OF BUSINESS AND

ECONOMIC DEVELOPMENT FOR CANNABIS EQUITY GRANT FUNDING
FOR THE FISCAL YEAR 21/22.”

2. Authorize the City Manager to execute all documents consistent with this Resolution.

E. MEMORANDUM OF UNDERSTANDING WITH THE PALM SPRINGS FIRE

MANAGEMENT ASSOCIATION

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to:

1. Adopt Resolution No. 24980 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 FIRE MANAGEMENT ASSOCIATION FOR THE PER IOD OF JULY 1, 2021 THROUGH JUNE 30, 2023, SUBJECT TO ASSOCIATION EXECUTING THE MEMORANDUM OF UNDERSTANDING.”

2. Authorize the City Manager to execute the Memorandum of Understanding (MOU) and all documents necessary to effectuate the above action, including the allocation and compensation plans, agreements and contracts, and any non-substantial MOU language or reorganization.

F. SECOND READING AND ADOPTION OF ORDINANCE NO. 2059 AMENDING CHAPTER 10.22.060 OF THE PALM SPRINGS MUNICIPAL CODE RELATED TO UNATTENDED ANIMALS IN ENCLOSED VEHICLES – GUIDE DOGS OF

THE DESERT

Item 1B - Page 17
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City of Palm Springs Page 5

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to adopt Ordinance No. 2059 entitled, "AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE CHAPTER 10.22 RELATED TO
UNATTENDED ANIMALS IN ENCLOSED VEHICLES."

G. SECOND READING AND ADOPTION OF ORDINANCE NO. 2058 TO IMPLEMENT SENATE BILL 9 REQUIREMENTS FOR URBAN LOT SPLITS AND TWO-UNIT RESIDENTIAL DEVELOPMENTS, CASE 5.1548 ZTA

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to adopt Ordinance No. 2058 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 ORDINANCE TO BE EXEMPT FROM CEQA."

H. APPROVAL OF CONTRACT PURCHASE AGREEMENTS WITH SC

COMMERCIAL, LLC, DOWNS ENERGY, WEX BANK DBA WRIGHT EXPRESS FSC, SOUTH COAST EVS. AND DANIELS TIRE SERVICE, INC. IN A COMBINED AMOUNT NOT TO EXCEED OF $2,191,925.75

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to:

1. In accordance with Palm Springs Municipal Code Section 7.09.010, “Cooperative Purchasing Programs,” ratify and increase a Blanket Purchase Order for SC Commercial, LLC for diesel fuel in an amount not-to-exceed $253,000 through March 31, 2022, subject to extension at the approval of City Council, at the cooperative unit pricing offered under the County of Riverside agreement #RIVCO-40500-002-10/12.

2. In accordance with Palm Springs Municipal Code Section 7.09.010, “Cooperative Purchasing Programs,” ratify a Blanket Purchase Order for Downs Energy for diesel fuel in an amount not-to-exceed $485,000 through March 31, 2022, subject to extension at the approval of City Council, at the cooperative unit pricing offered under the County of Riverside agreement #RIVCO-40500-002-10/12.

3. In accordance with Palm Springs Municipal Code Section 7.09.010, “Cooperative Purchasing Programs,” award a Contract Service Agreement for WEX Bank dba Wright Express FSC for a fuel card program in an amount not -to-exceed $235,173.75 for a five-year term, subject to extension at the approval of City Council, based on the State of California, Department of General Services Division Agreement Number 5- 19-99-19.

4. In accordance with Palm Springs Municipal Code Section 7.05.020, “Sole Source Procurement by the City,” increase a Blanket Purchase Order for South Coast Item 1B - Page 18
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City of Palm Springs Page 6

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES Emergency Vehicle Services for off-site fire apparatus repairs and parts in an amount not-to-exceed $300,000 through June 30, 2022, subject to extension at the approval of City Council, as a sole source provider of repairs to Pierce Equipment.

5. In accordance with Palm Springs Municipal Code Section 7.09.010, “Cooperative Purchasing Programs,” award a Contract Service Agreement for Daniels Tire Service, Inc., in an amount not-to-exceed $918,750 for a five-year term, subject to extension at the approval of City Council, at the cooperative unit pricing offered under NJPA Sourcewell Agreement #102517-GTC.

6. Authorize the City Manager to execute all necessary documents.

MEETING RECESS:

The City Council recessed at 6:45 p.m. and reconvened at 7:01 p.m. with all members present.

2. PUBLIC HEARINGS:

A. REDISTRICTING 2021: PUBLIC HEARING REGARDING REDISTRICTING OF

CITY COUNCIL BOUNDARIES AS REQUIRED BY ELECTIONS CODE
SECTION 21601 ET SEQ.

City Clerk Mejia introduced Jim Priest, Elections Expert and Consultant with Best, Best and Krieger, and deferred to him for a report.

Mr. Priest presented the report; discussed the redistricting process, map options, adjustments, incorporating input from the public, staff and City Council and asked that the focus this evening be on the publicly submitted maps.

Discussion followed regarding Map Option J, conformance to all required criteria, measuring deviations, existing districts compared with Map Opt ion J and significant changes.

Mayor Middleton opened the public hearing.

David Freedman described details of the map he submitted; addressed objectives and expressed support for Map J with adjustments that are consistent with the current Council boundaries and comments as discussed.

There were no other public comments and Mayor Middleton closed the public hearing.

Mayor Pro Tem Garner explained that she requested that all of the Gene Autrey neighborhood be in District 1.

City Clerk Mejia noted doing so would impact 1,600 people.

Item 1B - Page 19
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ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES Councilmember Kors noted the Las Palmas Neighborhood organization line has changed to Tahquitz, west of Palm Canyon.

Mayor Middleton thanked Mr. Mejia, Mr. Priest and the public for the excellent work.

Councilmember Holstege reported speaking with City Clerk Mejia on this matter.

The City Council provided direction to staff as appropriate.

B. AN APPLICATION BY THE CITY OF PALM SPRINGS FOR HISTORIC DESIGNATION OF “EL DUMPO ADOBE” LOCATED AT 2275 S. ARABY, (APN 510-232-020), AND “THE ARABY ROCK HOUSES” LOCATED AT 2350 (APN 510-241-037), 2500 (APN 510-270-006), 2501 (APN 510-270-013), 2540 (APN 510-270- 024), AND 2550 (APN 510-270- 004) SOUTH ARABY DRIVE, CASE HSPB #128 AND #129

Deputy City Manager Flynn Fagg narrated a PowerPoint presentation regarding the item.

Discussion followed the property whose owner objected to the designation, considering the findings and merits of the case, the need for a public benefit to the designation to override the wishes of a property owner, maintenance and tax benefits to the property owner.

Mayor Middleton opened the public hearing.

June Rupp, property owner, 2540 S. Araby Drive, alleged the City does not care about her safety and welfare; stated she is deed restricted and repor ted she is not ready for her property to be designated as historic; listed problems with access and unsanitary conditions that have not been addressed by an adjacent property owner and reported there is no sewer to the property.

There were no other public comments and Mayor Middleton closed the public hearing.

City Ballinger listed the two issues related to access to the property and the lack of septic services; noted access involves a private dispute between her and her neighbor and the lack of septic services by her neighbor is a Code violation that will be addressed by the City.

Councilmember Holstege reported speaking with the property owner regarding this item.

City Attorney Ballinger discussed next steps in the process.

MOTION BY MAYOR MIDDLETON, SECOND BY COUNCILMEMBER KORS , CARRIED 5-0, to:

1. Adopt Resolution No. 24981 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING “EL DUMPO ADOBE” LOCATED AT 2275 SOUTH ARABY DRIVE, AS CLASS 1 (LANDMARK) Item 1B - Page 20
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City of Palm Springs Page 8

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES HISTORIC RESOURCE HSPB #128, SUBJECT TO CONDITIONS (APN 510 -232- 010)."

2. Adopt Resolution No. 24982 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING “THE ARABY ROCK HOUSES” LOCATED AT 2350 (APN 510-241-037), 2500 (APN 510-270-006), 2501 (APN 510-270-013), 2540 (APN 510-270-024), AND 2550 (APN 510- 270-004) SOUTH ARABY DRIVE AS CLASS 1 (LANDMARK) HISTORIC RESOURCES HSPB #129, SUBJECT TO CONDITIONS.”

3. Direct staff to work with Julie Rupp to address her code compliance complaints if under the City’s jurisdiction.

C. VACATION OF A PORTION OF THE PUBLIC RIGHT -OF-WAY OF GRANVIA

VALMONTE LOCATED BETWEEN INDIAN CANYON DRIVE AND VIA
CHICA IN SECTION 11, TOWNSHIP 4 SOUTH, RANGE 4 EAST;
ENGINEERING FILE R 21-21-0276

City Engineer Joel Montalvo presented details of the staff report.

Mayor Middleton opened the public hearing. There were no public comments and Mayor Middleton closed the public hearing.

MOTION BY COUNCILMEMBER KORS , SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5 -0, to a dopt Resolution No. 24983 entitled, “A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,

APPROVING A VACATION AND ABANDONING ALL OF ITS RIGHT, TITLE AND

INTEREST IN A PORTION OF RIG HT-OF-WAY FOR GRANVIA VALMONTE, LOCATED AT 276 GRANVIA VALMONTE, AT THE NW CORNER OF GRANVIA VALMONTE AND VIA CHICA, IN SECTION 11, TOWNSHIP 4, RANGE 4 EAST ENGINEERING FILE R 21-21-0276, AND APPROVING A DETERMINATION THAT

THE ACTION IS CATEGORICALLY EXEMP T FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).”

3. LEGISLATIVE: None.

4. UNFINISHED BUSINESS:

A. REVIEW OF EMERGENCY ORDERS RELATED TO COVID-19

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to authorize the City Manager to remove emergency orders related to COVID-19, in a phased approach and based on scientific data and benchmarks.

5. NEW BUSINESS:

A. COLLEGE OF THE DESERT PRESENTATION AND DISCUSSION
Item 1B - Page 21
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This item was deleted from the agenda.

PUBLIC COMMENT: (Non-Agenda Items) - None

CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT:

City Manager Clifton discussed the tentative upcoming meetings schedule; addressed efforts to schedule Item No. 5A and to reorder the agenda to accommodate it and public comments and reiterated that Item No. 5A will be scheduled for an upcoming meeting with ample time for public comment.

Discussion followed regarding the rules and procedures item.

ADJOURNMENT:

The City Council adjourned at 8:20 p.m.

Respectfully submitted,

Brenda Pree, MMC, CERA
City Clerk

APPROVED BY CITY COUNCIL: ___/___ /2022

Item 1B - Page 22
Thursday, February 24, 2022
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs

Pursuant to Assembly Bill 361 this meeting was conducted by teleconference and there was no in-person public access to the meeting location.

CALL TO ORDER:

A Regular Meeting of the Palm Springs City Council was called to order by Mayor Middleton on Thursday, February 24, 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 Tem Grace Elena Garner; and Mayor Lisa Middleton

Absent: None.

City Staff

Present: Justin Clifton, City Manager; Teresa Galavan, Assistant City Manager, Jeffrey Ballinger, City Attorney; and Anthony J. Mejia, City Clerk, were present at Roll Call.

Other staff members presented reports or responded to questions as indicated in the minutes.

PRESENTATIONS:

• PRESENTATION OF A PROCLAMATION IN RECOGNITION OF COVID-19 MEMORIAL DAY (Mayor Middleton)

• PRESENTATION OF A PROCLAMATION TO ANTHONY MEJIA, CITY CLERK (Mayor Middleton)

• REMEMBRANCE FOR CHARLES DUNN, PAST PALM SPRINGS SENIOR INSPIRATION AWARD HONOREE (Mayor Middleton)

ACCEPTANCE OF THE AGENDA:

MOTION BY COUNCILMEMBER _, SECOND BY COUNCILMEMBER _, CARRIED 5-0, to remove Consent Calendar Item Nos. _ for separate discussion.

REPORT OF CLOSED SESSION:

Item 1B - Page 23
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City of Palm Springs Page 2

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES The Regular Closed Session of the City Council of February 24, 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:

CONFERENCE WITH LEGAL COUNSEL – MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2):

Three (3) matters that, under the existing circumstances, the City Attorney believes creates significant exposure to litigation.

Letters from Rod Pacheco, Pacheco & Neach, dated May 17, 2021, September 27, 2021, and October 29, 2021, regarding Frank Bogert statue.

CONFERENCE WITH LEGAL COUNSEL – DISCUSSION TO CONSIDER INITIATION OF LITIGATION, Pursuant to Government Code Section 54956.9(d)(4):

Under existing facts and circumstances, there are six (6) matters the City Council has decided or may decide to initiate litigation.

CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957.6:

City Negotiators: Justin Clifton, City Manager
Jeremy Hammond, Human Resources Director
Andrew Mills, Chief of Police
Peter Brown, Legal Counsel

City Attorney Ballinger reported that the City Council received briefings and provided direction to staff regarding the agendized Closed Session Items but did not take any reportable action.

PUBLIC TESTIMONY:

1. Bill Rutan

2. Amado Salinas

3. Lauren Labaran

4. Dawn Mills

5. David Wynor

6. Stephanie Martin

7. Dan Rasi

8. David Christian

9. Scott Williams

10. Doug Evans
Item 1B - Page 24
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City of Palm Springs Page 3

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

11. Gloria Thompson

12. Gary Holland

13. Bobby Gray

14. Susan Smith

15. Brad Ward

16. Sue LeFevre

17. Norm King

18. Steve Braft

19. Marjorie Holland

20. Danna Hayes

21. Ben Mayfield

22. Tristan Milanovich

23. Julie Buller

24. Delia Ruiz

25. Donna Sturgeon

26. Andrew Starky

27. Keith Zable

28. Janelle Hyman

29. Dottie Wilder

CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS:

1. CONSENT CALENDAR:

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS , CARRIED 5-0, to approve the consent calendar, with the removal of Item Nos. _ for separate discussion.

A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361

MOTION BY COUNCILMEMBER _, SECOND BY COUNCILMEMBER _, CARRIED 5-0, to f ind that the City Council has considered the circumstances of the state of emergency during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing, and as a result, the Palm Springs City Council and all of Palm Springs Board, Commission, and Committee meetings will be held by videoconference, in accordance with AB 361.

B. APPROVAL OF AMENDMENT NO. 2 TO CONTRACT SERVICES
AGREEMENT WITH ACE PARKING MANAGEMENT, INC.

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to:

Item 1B - Page 25
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City of Palm Springs Page 4

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

1. Approve Amendment No. 2 to the Contract Services Agreement with Ace Parking Management, Inc. for parking enforcement management services, exercising the final two-year term extension option, in an amount not to exceed $180,732.

2. Authorize the City Manager to execute all necessary documents.

C. APPROVAL OF AMENDMENT NO. 6 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2021-22

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to:

1. Adopt Resolution No. 24985 entitled, “A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 6 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2021-2022, ADOPTED BY RESOLUTION NO. 24912.”

2. Authorize the City Manager to execute all necessary documents.

D. APPROVAL OF AGREEMENT BETWEEN THE COACHELLA VALLEY

ASSOCIATION OF GOVERNMENTS (CVAG) AND THE CITY OF PALM

SPRINGS FOR THE TRANSFER OF PRIVATE DEVELOPER FUNDS TO CVAG

RELATING TO CONSTRUCTION OF THE CV LINK PROJECT WITHIN PALM

SPRINGS

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to:

1. Approve an Agreement by and between the City of Palm Springs and the Coachella Valley Association of Governments (CVAG) to allow for the transfer of $1,063,044 private developer funds to CVAG relating to the construction of the CV Link project adjacent to Tract 32233 (the Escena Project, or “Escena”) and Tract 31848 (the Miralon Project, or “Miralon”).

2. Authorize the City Manager to execute all necessary documents.

E. ACCEPTANCE OF DONATION FROM PAUL E. SCHEIBNER AND IRENE M.

SCHEIBNER REVOCABLE TRUST IN THE AMOUNT OF $25,000 FOR PALM

SPRINGS PUBLIC LIBRARY TRUST FUND

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to:

1. Approve the acceptance of a donation award from the Paul E. Scheibner and Irene M.

Scheibner Revocable Trust in the amount of $25,000.

2. Authorize the City Manager to execute all necessary documents.

Item 1B - Page 26
City Council Minutes February 24, 2022

City of Palm Springs Page 5

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

F. APPROVAL OF PARCEL MAP 38247 FOR A 122 -UNIT APARTMENT DEVELOPMENT (“LIVING OUT”) AT 1122 EAST TAHQUITZ CANYON WAY

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5 -0, to adopt Resolution No. 24986 entitled, “A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PARCEL MAP 38247 FOR KOAR PALM SPRINGS, LLC A

DELAWARE LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED AT 1122 EAST TAHQUITZ CANYON WAY, IN SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST.”

G. APPROVAL OF AN AMENDED AND REINSTATED ENCROACHMENT

AGREEMENT WITH THE AGUA CALIENTE BAND OF CAHUILLA INDIANS

FOR A VEHICULAR ENTRANCE GATE TO THE TAHQUITZ VISITOR

CENTER WITHIN THE WEST END OF THE MESQUITE AVENUE PUBLIC RIGHT-OF-WAY IN SECTION 22, TOWNSHIP 4 SOUTH, RANGE 4 EAST, ENGINEERING FILE EA 22-01-0500

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to:

1. Adopt Resolution No. 24987 entitled, “A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AMENDED

AND REINSTATED ENCROACHMENT AGREEMENT WITH THE AGUA

CALIENTE BAND OF CAHUILLA INDIANS FOR A VEHICULAR ENTRANCE

GATE TO THE TAHQUI TZ VISITOR CENTER WITHIN THE WEST END OF MESQUITE AVENUE PUBLIC RIGHT-OF-WAY IN SECTION 22, TOWNSHIP 4 SOUTH, RANGE 4 EAST, ENGINEERING FILE EA 22 -01-0500, AND

APPROVING A DETERMINATION THAT THE ACTION IS CATEGORICALLY

EXEMPT FROM THE CALIFORNIA ENVIRONMEN TAL QUALITY ACT
(CEQA).”

2. Authorize the City Manager to execute all necessary documents.

H. MEMORANDUM OF UNDERSTANDING WITH THE PALM SPRINGS PUBLIC EMPLOYEES’ ASSOCIATION OF PALM SPRINGS

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to:

1. Adopt Resolution No. 24988 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 PUBLIC EMPLOYEES’ ASSOCIATION OF PALM
SPRINGS FO R THE PERIOD OF JULY 1, 2021, THROUGH JUNE 30, 2023, Item 1B - Page 27
City Council Minutes February 24, 2022

City of Palm Springs Page 6

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

SUBJECT TO ASSOCIATION EXECUTING THE MEMORANDUM OF
UNDERSTANDING.

I. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,

CALIFORNIA, AUTHORIZING SUBMITTAL OF A NOTIFICATION OF
INTENT TO COMPLY WITH SENATE BILL 1383 REGULATIONS

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5 -0, to adopt Resolution No. 24989 entitled, “A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,

AUTHORIZING SUBMITTAL OF A NOTIFICATION OF INTENT TO COMPLY WITH SENATE BILL 1383 REGULATIONS.”

J. FORMAL CITY COUNCIL ACCEPTANCE OF THE 2021 SEWER
COLLECTION SYSTEM REPAIRS, CITY PROJECT NO. 21 -18, IS REQUIRED

TO DOCUMENT THE COMPLETION OF THE PUBLIC WORKS
IMPROVEMENTS AND TO ALLOW THE CITY’S FILING OF A NOTICE OF

COMPLETION WITH THE RIVERSIDE COUNTY RECORDER IN
ACCORDANCE WITH SECTION 9200 OF THE CALIFORNIA CIVIL CODE

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to:

1. Accept the public works improvement identified as 2021 Sewer Collection System Repairs, City Project No. 21-18 (“Project”), as completed in accordance with the plans and specifications.

2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for 2021 Sewer Collection System Repairs, City Project No, 21-18.

K. APPROVE AMENDMENT NO. 2 TO CONCESSION LEASE AGREEMENT NO.

A5855 WITH LAMAR AIRPORT ADVERTISING COMPANY

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to:

1. Approve Amendment No. 2 to Agreement No. A5855 with Lamar Airport Advertising Company for a one -year contract services agreement extension from April 1, 2022, through March 31, 2023.

2. Authorize the City Manager or his designee to execute all necessary documents.

Item 1B - Page 28
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ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

L. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF JANUARY 1 THROUGH JANUARY 31, 2022

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of January 1 through January 31, 2022.

EXCLUDED CONSENT CALENDAR:

2. PUBLIC HEARINGS:

A. REDISTRICTING 2021: PUBLIC HEARING REGARDING REDISTRICTING OF

CITY COUNCIL BOUNDARIES, ADOPTION OF A DISTRICT BOUNDARIES

MAP, AND INTRODUCTION OF AN ORDINANCE ADJUSTING ELECTION

DISTRICT BOUNDARIES AS REQUIRED BY ELECTIONS CODE SECTION 21601 ET SEQ

MOTION BY COUNCILMEMBER KORS , SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to introduce Ordinance No. 2060 entitled, “AN ORDINANCE

OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 2.02.005(B) REGARDING BY- DISTRICT

ELECTIONS, ADJUSTING THE BOUNDARIES OF CITY COUNCIL ELECTION

DISTRICTS A ND CONFIRMING SUCH REVISED COUNCIL DISTRICT BOUNDARIES, AS REFLECTED IN THE ATTACHED MAP.”

B. AN APPLICATION BY CHARLES AND PATRICIA STUMPF, OWNERS, FOR HISTORIC DESIGNATION OF “THE WILLIAM PURCELL RESIDENCE” LOCATED AT 252 OCOTILLO DRIVE, (APN #508-292-013), CASE HSPB #141

MOTION BY MAYOR PRO TEM, SECOND BY COUNCILMEMBER KORS , CARRIED 5-0, to adopt Resolution No. 24990 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING “THE WILLIAM PURCELL RESIDENCE” LOCATED AT 252 OCOTILLO DRIVE, AS CLASS 2 (HISTORIC MERIT) HISTORIC RESOURCE HSPB #141, SUBJECT TO CONDITIONS (APN 508-292-913).”

3. LEGISLATIVE: None.

4. UNFINISHED BUSINESS:

A. DISCUSSION OF THE USE OF FIREWORKS WITHIN THE CITY OF PALM

SPRINGS

Item 1B - Page 29
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MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER KORS, CARRIED 3-2, NOYES COUNCILMEMBER KORS AND MAYOR
MIDDLETON to:

1. 5. NEW BUSINESS:

A. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2022 –2023 ANNUAL

ACTION PLAN AND BUDGET DISCUSSION

MOTION BY COUNCILMEMBER KORS , SECOND BY COUNCILMEMBER
WOODS, CARRIED 5 -0, to CDBG Annual Action Plan (AAP) is prepared by the City every year pursuant to requirements set forth by the Department of Housing and Urban Development (HUD), which mandate that units of government receiving federal housing and community development assistance must prepare an AAP as part of the implementation of the Five Year Consolidated Plan (ConPlan) which serves as the blueprint for community development activity in the City. At this time, Staff is seeking input from the City Council regarding the Annual Action Plan and CDBG Budget for the 2022-2023 fiscal year.

B. FISCAL YEAR 2020-21 FINANCIAL AUDIT REPORTS OF THE CITY OF PALM

SPRINGS

By consensus, the City Council agreed to receive and file Fiscal Year 2020- 21 Financial Audit Reports to receive and file the following Financial Audit Reports for fiscal year June 30, 2021:

a. Comprehensive Annual Financial Report (CAFR)
b. Audit Communication letter to the City Council
c. Internal Control and Compliance letter to the City Council d. Passenger Facility Charge (PFC) Report
e. Housing Successor Audit Communication letter to the City Council f. Public Financing Authority Financial Statements.
g. Measure J Fund Report Annual Financial Report
h. Measure D Independent Accountant’s Agreed Upon Procedures i. Measure A Independent Accountant’s Agreed Upon Procedures (Conrad CPA Firm)

C. APPEAL OF HISTORIC SITE PRESERVATION BOARD ACTION APPROVING

A CERTIFICATE OF APPROPRIATENESS FOR ALTERATIONS TO THE PALM SPRINGS CITY HALL, A CLASS 1 (LANDMARK) HISTORIC SITE LOCATED AT 3200 EAST TAHQUITZ CANYON WAY – REMOVAL OF FRANK BOGERT STATUE, (HSPB #33D/ CASE 3.3377)

MOTION BY COUNCILMEMBER KORS , SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5 -0, to Resolution No. 24991 entitled, “A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING Item 1B - Page 30
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City of Palm Springs Page 9

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AN APPEAL OF HISTORIC SITE PRESERVATION BOARD ACTION APPROVING

D. REVISED CITY COUNCIL RULES OF PROCEDURE

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5 -0, to adopt Resolution No. 24992 entitled, “A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE CITY COUNCIL RULES OF PROCEDURE.”

PUBLIC COMMENT:

NONE.

CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT:

CITY MANAGER PRESENTED AGENDA DATES.

ADJOURNMENT:

The City Council adjourned at 10:20 p.m. ?

Respectfully submitted,

Brenda Pree, MMC, CERA
City Clerk

APPROVED BY CITY COUNCIL: ___/___ /2022

Item 1B - Page 31

Thursday, March 10, 2022
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs

Pursuant to Assembly Bill 361 this meeting was conducted by teleconference and there was no in-person public access to the meeting location.

CALL TO ORDER:

A Regular Meeting of the Palm Springs City Council was called to order by Mayor Middleton on Thursday, March 10, 2022, at 5:45 p.m.

PLEDGE OF ALLEGIANCE:

Mayor Middleton led the Pledge of Allegiance.

ROLL CALL:

Present: Councilmembers, Geoff Kors, Dennis Woods; Mayor Pro Tem Grace Elena Garner; and Mayor Lisa Middleton

Absent: Christy Holstege

City Staff

Present: Justin Clifton, City Manager; Teresa Gallavan, Assistant City Manager, Jeffrey Ballinger, City Attorney; and Monique Lomeli, Interim City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.

PRESENTATIONS:

• PRESENTATION OF A COVID-19 CASE AND WATER TESTING UPDATE (Emergency Management Coordinator Daniel DeSelms)

• PRESENTATION OF ACRISURE ARENA (Arturo Aviles, Community Engagement Manager for Acrisure Arena)

ACCEPTANCE OF THE AGENDA:

By Consensus the City Council voted to remove Consent Calendar Item No. 1G for separate discussion and to delete Item Nos. 1B and 1E from the agenda.

REPORT OF CLOSED SESSION:

The Regular Closed Session of the City Council of March 10, 2022, was called to order by Mayor Middleton at 3:30 p.m., with all members present.

Item 1B - Page 32
City Council Minutes March 10, 2022
City of Palm Springs Page 2

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

The meeting convened into Closed Session to discuss the following items as listed on the Regular Closed Session Meeting Agenda:

CONFERENCE WITH LEGAL COUNSEL – MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2):

Three (3) matters that, under the existing circumstances, the City Attorney believes creates significant exposure to litigation.

CONFERENCE WITH LEGAL COUNSEL – DISCUSSION TO CONSIDER INITIATION OF LITIGATION, Pursuant to Government Code Section 54956.9(d)(4):

Under existing facts and circumstances, there are six (6) matters the City Council has decided or may decide to initiate litigation.

CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957.6:

City Negotiators: Justin Clifton, City Manager
Jeremy Hammond, Human Resources Director
Stephanie George, Human Resources Director
Andrew Mills, Chief of Police
Peter Brown, Legal Counsel

Employee Organization: Palm Springs Police Officers Association (PSPOA) Palm Springs Police Management Association (PSPMA)

City Attorney Ballinger reported that the City Council received briefings and provided direction to staff regarding the agenized Closed Session Items but did not take any reportable action.

PUBLIC TESTIMONY:

Erick England
Michael Roberts
Aftab Dada
Kathy Wormack
Brady Moore
Bruce Bower

CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS: Mayor Pro Tem Garner gave update on Navigation Center Meeting. Councilmember Kors and Mayor Middleton were at the Palm Springs Hospitality Monthly Board Member meeting update. Update for Visitor Center five-year plan. Update on Monopoly game in Palm Springs for visitors. Mayor Middleton updates on Riverside County Transportation Commission Meeting rail service to Coachella Valley. Mayor Middleton and Councilmember Woods participated in PS One. Mayor Middleton updates on AB43 for the City of Palm Springs. Mayor Middleton represented the City of Palm Springs – Recognized as a Hunger Hero from FIND Food Bank.

Item 1B - Page 33
City Council Minutes March 10, 2022
City of Palm Springs Page 3

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

1. CONSENT CALENDAR:

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 4-0 (HOLSTEGE ABSENT), to approve the consent calendar, with the removal of Item No. 1G for separate discussion and the deletion of Item Nos. 1B and 1E.

A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 4 -0 (HOLSTEGE ABSENT), to find that the City Council has considered the circumstances of the state of emergency during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing, and as a result, the Palm Springs City Council and all of Palm Springs Board, Commission, and Committee meetings will be held by videoconference, in accordance with AB 361.

B. AUTHORIZE THE PURCHASE OF ONE (1) SHADE STRUCTURE FROM SHADE STRUCTURES INC., A TEXAS CORPORATION, IN THE AMOUNT OF

$17,713.37 FOR THE DESERT HIGHLAND PARK SHADE STRUCTURE PROJECT, CITY PROJECT NO. 21-22

This item was deleted from the agenda.

C. AUTHORIZE THE CITY OF PALM SPRINGS TO APPLY FOR “BUILDING FORWARD: LIBRARY INFRASTRUCTURE” GRANT FUNDING

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 4-0 (HOLSTEGE ABSENT), to:

1. Authorize Staff to apply for “Building Forward: Library Infrastructure” grant funding in an amount not-to-exceed $10 million.

2. Authorize the City Manager to execute all necessary documents.

D. REDISTRICTING 2021: SECOND READING AND ADOPTION OF ORDINANCE NO. 2060 AMENDING PALM SPRINGS MUNICIPAL CODE SECTION

2.02.005(B) REGARDING BY -DISTRICT ELECTIONS, ADJUSTING THE

BOUNDARIES OF CITY COUNCIL ELECTION DISTRICTS, AND

CONFIRMING SUCH REVISED COUNCIL DISTRICTS BOUNDARIES

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 4-0 (HOLSTEGE ABSENT), to:

1. Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 2060 entitled, “AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 2.02.005(B) REGARDING BY- DISTRICT Item 1B - Page 34
City Council Minutes March 10, 2022
City of Palm Springs Page 4

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ELECTIONS, ADJUSTING THE BOUNDARIES OF CITY COUNCIL ELECTION

DISTRICTS, AND CONFIRMING SUCH REVISED COUNCIL DISTRICT BOUNDARIES, AS REFLECTED IN THE MAP OPTION L.”

E. AUTHORIZE TH E PURCHASE OF THREE (3) SHADE STRUCTURES FROM SHADE STRUCTURE INC., A TEXAS CORPORATION, IN THE AMOUNT OF $104,790.83 FOR THE SWIM CENTER SHADE STRUCTURES, CITY PROJECT NO. 21-32

This item was deleted from the agenda.

F. APPROVAL OF PAYROLL WARRANTS, CLAIMS, AND DEMANDS

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 4-0 (HOLSTEGE ABSENT), to:

1. Adopt Resolution No. 24993 entitled, “A RESOULTION OF THE CITY COUNCIL

OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSMENTS FOR THE PERIOD ENDING 12-25- 21 AND 01 -08-22 TOTALING $3,884,139.76 AND ACCOUNTS PAYABLE WARRANTS DATED 12-16-21, 12-22-21 AND 01-06-22 TOTALING $4,246,270.64, IN THE AGGREGATE AMOUNT OF $8,130,410.40, DRAWN ON BANK OF AMERICA.”

G. CITY OF PALM SPRINGS ENVIRONMENTALLY PREFERABLE

PURCHASING POLICY

MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to:

1. Adopt Resolution No. 24994 entitled, “A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE
ENVIRONMENALLY PREFERABLE PURCHASING POLICY.”

H. APPROVE EXPENDITURE OF PUBLIC ARTS FUNDS IN THE AMOUNT OF $2,300 FOR OUTREACH AND EDUCATION SUPPLIES AND MATERIALS, AND

ARTIST DEMONSTRATION FEES

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 4-0 (HOLSTEGE ABSENT), to approve $2,300 of Public Arts Funds to purchase materials and supplies related to public arts community outreach and education.

I. APPROVAL OF AMENDMENT NO. 7 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2021-22

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 4-0 (HOLSTEGE ABSENT):

1. Adopt Resolution No. 24995 entitled, “A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT Item 1B - Page 35
City Council Minutes March 10, 2022
City of Palm Springs Page 5

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

NO. 7 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2021-2022, ADOPTED BY RESOLUTION NO. 24912.”

2. Authorize the City Manager to execute all necessary documents.

J. APPROVE A ONE -YEAR AGREEMENT WITH VESTED SOLUTIONS, LLC, (A9010) FOR JANITORIAL SERVICES AT THE PALM SPRINGS

INTERNATIONAL AIRPORT

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 4-0 (HOLSTEGE ABSENT), to:

1. Approve Contract Service Agreement A9010 with Vested solutions, LLC to provide janitorial services at the Palm springs International Airport for a one -year term in an amount not to exceed $257,001.52, beginning April 1, 2022, and ending March 31, 2023, with two one-year extension options at the City’s sole discretion.

2. Authorize the City Manager or his designee to execute all necessary documents.

2. PUBLIC HEARINGS:

A. INTRODUCE AND WAIVE FURTHER READING OF ORDINACE REQUEST BY

MODLIN HOMES, LLC, FOR A CHANGE OF ZONE FROM RMHP
(RESIDENTIAL MOBIL HOME PARK) TO R-1- C, (SINGLE -FAMILY RESIDENTIAL); OF AN UNDEVELOPED 1.35 -ACRE PARCEL LOCATED AT

THE NORTHWEST CORNER OF SUNNY DUNES AND SUNRISE WAY, ZONE RMHP; (CASE NO. 5.1517-CZ)

MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR MIDDLETON, CARRIED 4-0 (HOLSTEGE ABSENT), to introduce Ordinance No. 2061 entitled, “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS

ADOPTING A CATEGORICAL EXEMPTION AND APPROVING A CHANGE OF

ZONE APPLICATION FROM RMHP (RESIDENTIAL MOBIL HOME PARK) TO R - 1-C (SINGLE-FAMILY RESIDENTIAL) FOR AN UNDEVELOPED 1.35 -ACRE PARCEL (APN: 508 -240-020) LOCATED AT THE NORTHWEST CORNER OF SUNNY DUNES AND SOUTH SUNRISE WAY, SECTION 23.”

B. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2022-2023 ANNUAL

ACTION PLAN AND BUDGET PUBLIC HEARING

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 4-0 (HOLSTEGE ABSENT), to

1. Open the public hearing and receive public testimony.

2. Review the draft 2022-2023 CDBG Budget and Annual Action Plan and provide direction to Staff.

3. Schedule a Public Hearing for April 21, 2022, to approve and adopt the 2022-2023 Item 1B - Page 36
City Council Minutes March 10, 2022
City of Palm Springs Page 6

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CDBG Budget and Annual Action Plan.

3. BUSINESS & LEGISLATIVE:

A. DISCUSSION AND DIRECTION REGARDING PACASO AND SIMILAR

OPERATIONS WITHIN THE CITY OF PALM SPRINGS

The City Council (Mayor Pro Tem Garner abstained) provided direction to staff as appropriate.

B. DISCUSSION OF VACATION RENTAL STUDY SESSION

The City Council (Councilmember Woods abstained) provided direction to staff as appropriate.

C. 2007 GENERAL PLAN LIMITED UPDATE – REVIEW REVISIONS TO THE

GENERAL PLAN VISION STATEMENT AND PRIORITES

The City Council provided direction to staff as appropriate.

PUBLIC TESTIMONY (Non-Agenda Items):

Unable to reach the speaker

CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT:

City Manager Clifton discussed the tentative upcoming meeting schedule.

Mayor Pro Tem Garner speaks on upcoming presentation from the intern on students in the community.

Mayor Middleton speaks on internship programs.

ADJOURNMENT:

The City Council adjourned at 9:26 p.m.

Respectfully submitted,

Brenda Pree, MMC, CERA
City Clerk

APPROVED BY CITY COUNCIL: ___/___ /2022

Item 1B - Page 37
Thursday, March 24, 2022
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs

Pursuant to Assembly Bill 361 this meeting was conducted by teleconference and there was no in-person public access to the meeting location.

CALL TO ORDER:

A Regular Meeting of the Palm Springs City Council was called to order by Mayor Middleton on Thursday, March 24, 2022, at 5:40 p.m.

PLEDGE OF ALLEGIANCE:

Mayor Middleton led the Pledge of Allegiance.

ROLL CALL:

Present: Councilmembers Christy Holstege, Geoff Kors, Dennis Woods; Mayor Pro Tem Grace Elena Garner; and Mayor Lisa Middleton

Absent: None.

City Staff

Present: Justin Clifton, City Manager; Teresa Galavan, Assistant City Manager, Jeffrey Ballinger, City Attorney; and Monique Lomeli, Interim City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.

ACCEPTANCE OF THE AGENDA:

By consensus, the City Council accepted the agenda as presented.

REPORT OF CLOSED SESSION:

The Regular Closed Session of the City Council of March 24, 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:

CONFERENCE WITH LEGAL COUNSEL – MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2):

One (1) matter that, under the existing circumstances, the City Attorney believes creates significant exposure to litigation.

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City Council Minutes March 24, 2022

City of Palm Springs Page 2

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES CONFERENCE WITH LEGAL COUNSEL – DISCUSSION TO CONSIDER INITIATION OF LITIGATION, Pursuant to Government Code Section 54956.9(d)(4):

Under existing facts and circumstances, there are four (4) matters the City Council has decided or may decide to initiate litigation.

CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957.6:

City Negotiators: Justin Clifton, City Manager
Jeremy Hammond, Human Resources Director
Stephanie George, Human Resources Director
Andrew Mills, Chief of Police
Peter Brown, Legal Counsel

Employee Organization: Palm Springs Police Officers Association (PSPOA) Palm Springs Police Management Association (PSPMA)

PUBLIC EMPLOYEE PERFORMANCE EVALUATION, Pursuant to Government Code Section 54957

City Attorney Ballinger reported that the City Council received briefings and provided direction to staff regarding the agendized Closed Session Items but did not take any reportable action.

PUBLIC TESTIMONY:

Lex Ortega
Greg Rodriguez
Ron DeHarte
Frank Figueroa

CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS:

Mayor Pro Tem Garner update on Clean Up Day at Golden Sands Mobile Home Park with Palm Springs Disposal and Destiny Church. Councilmember Woods CV Link Updates Tuesday the 29 th
Demuth Park for groundbreaking. Councilmember Woods and Mayor Pro Tem Garner attended goal setting event with the Police Department. Councilmember Holstege live interviews about CV Link, also updates on meetings attended, held a District 4 Townhall and events coming up. Mayor Middleton updates on events, was apart of the USO Luncheon. Mayor Middleton was at the first Boys and Girls Club Street hockey face off.

1. CONSENT CALENDAR:

MOTION BY COUNCILMEMBER KORS, 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
Item 1B - Page 39
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City of Palm Springs Page 3

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MOTION BY COUNCILMEMBER KORS , SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0, to find that the City Council has considered the circumstances of the state of emergency during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing, and as a result, the Palm Springs City Council and all of Palm Sp rings Board, Commission, and Committee meetings will be held by videoconference, in accordance with AB 361.

B. APPROVAL OF MINUTES

MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5 -0, to approve the City Council Meeting Minutes of September 29, 2021.

C. APPROVE THE 2022 AIR SERVICE INCENTIVE PROGRAM FOR PALM

SPRINGS INTERNATIONAL AIRPORT

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to:

1. Approve the new 2022 Air Service Incentive Program.

2. Adopt Resolution No. 24996 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE 2022 AIR

SERVICE INCENTIVE PROGRAM FOR THE PALM SPRINGS
INTERNATIONAL AIRPORT.”

3. Authorize the City Manager or his designee to execute all necessary documents

D. AUTHORIZE ISSUANCE OF A LETTER IN SUPPORT OF ASSEMBLY BILL 1814 – TRANSPORTATION ELECTRIFICATION

MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0, to authorize issuance of a letter to Assemblymember Eduardo Garcia, Chair of the Assembly Utilities and Energy Committee, in support of AB 1814 relative to allowing Community Choice Aggregators (CCA’s) the option to become program administrators for the Cali fornia Public Utilities Commission’s (CPUC) Transportation Electrification Program.

E. AWARD A CONSTRUCTION CONTRACT TO A PLUS ROOFING AND
CONSTRUCTION, INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $200,000 FOR THE CITY YARD ROOF REPLACEMENT, CITY PROJECT NO. 19-19

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to:

Item 1B - Page 40
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1. Award a construction contract to A Plus Roofing and Construction, Inc., a California corporation, in the amount of $200,000 for the City Yard Roof Replacement, City Project No. 19-19 (“the Project”).

2. Authorize the City Manager or his designee to execute all necessary documents.

F. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF FEBRUARY 1 THROUGH FEBRUARY 28, 2022

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of February 1 through February 28, 2022.

G. APPROVAL OF CONTRACT SERVICES AGREEMENT WITH GOVOS TO

PROVIDE SHORT-TERM RENTAL COMPLIANCE SERVICES

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to:

1. Approve a contract services agreement with GovOS to provide short -term rental compliance services in an amount not to exceed $90,000 annually, for a period of three and one-half years.

2. Authorize the City Manager to execute all necessary documents

H. REQUEST BY RONALD DUPUIS, OWNER, FOR APPROVAL OF A MILLS ACT

HISTORIC PROPERTY PRESERVATION AGREEMENT FOR A WEXLER
STEEL HOME, A CLASS 1 HISTORIC SITE LOCATED AT 290 SIMMS ROAD (APN #505-031-012), (HSPB #43)

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to:

1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Ronald Dupuis.

2. Authorize the City Manager to execute the Agreement.

3. Direct the City Clerk to record the Agreement with the County of Riverside.

I. REQUEST BY ROCHELLE STEINER, OWNER, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 1870

SOUTH BARONA ROAD, A CONTRIBUTING STRUCTURE IN THE

SANDCLIFF GARDEN APARTMENT HOMES HISTORIC DISTRICT (APN #510-040-023), (HSPB #93 / HD-5)

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to:

1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs, Rochelle Steiner and the Sandcliff Homeowners Association.

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2. Authorize the City Manager to execute the Agreement.

3. Direct the City Clerk to record the Agreement with the County of Riverside.

J. ACCEPT A STATE HOMELAND SECURITY PROGRAM GRANT AWARD IN THE AMOUNT OF $284,560 FROM THE CALIFORNIA OFFICE OF

EMERGENCY SERVICES, THROUGH THE COUNTY OF RIVERSIDE

EMERGENCY MANAGEMENT DEPARTMENT, FOR THE PURCHASE OF

INTEROPERABLE COMMUNICATIONS EQUIPMENT FOR LAW

ENFORCEMENT

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to:

1. Approve the acceptance of a 2021 State Homeland Security Program Grant Award in the amount of $284,560 from the California Office of Emergency Services (CalOES), through the County of Riverside Emergency Management Department.

2. Authorize the City Manager to execute all necessary documents.

MEETING RECESS:

The City Council recessed at 6:25 p.m. and reconvened at 7:02 p.m. with all members present.

K. AUTHORIZE THE PURCHASE OF ONE (1) SHADE STRUCTURE FROM SHADE STRUCTURES INC., A TEXAS CORPORATION, IN THE AMOUNT OF $17,763.33 FOR THE DESERT HIGHLAND PARK SHADE STRUCTURE PROJECT, CITY PROJECT NO. 21-22

MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to:

1. A In accordance with Section 7.09.010 of the Palm Springs Municipal Code, "Cooperative Purchasing Programs", authorize the purchase and installation of one (1) shade structure from Shade Structures Inc., dba USA Shade & Fabric Structures, a Texas corporation, pursuant to Cooperative Purchasing Contract 030117-LTS, for an amount of $17,763.33, contingent upon verification of the contractor’s ability to adhere to the City’s Conflict of Interest and Non- Discrimination Clause.

2. Authorize the City Manager to execute all necessary documents.

3. Provided direction to staff regarding the review of the City’s purchasing policies.

L. AUTHORIZE THE PURCHASE OF THREE (3) SHADE STRUCTURES FROM SHADE STRUCTURES INC., A TEXAS CORPORATION, IN THE AMOUNT OF $100,946.36 FOR THE SWIM CENTER SHADE STRUCTURES, CITY PROJECT NO. 21-32

MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to:

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1. In accordance with Section 7.09.010 of the Palm Springs Municipal Code, "Cooperative Purchasing Programs", authorize the purchase and installation of three (3) shade structures from Shade Structures Inc. dba USA Shade & Fabric Structures, a Texas corporation, pursuant to Cooperative Purchasing Contract 030117-LTS, for an amount of $100,946.36, contingent upon verification of the contractor’s ability to adhere to the City’s Conflict of Interest and Non- Discrimination Clause.

2. Authorize the City Manager to execute all necessary documents.

3. Provided direction to staff regarding the review of the City’s purchasing policies.

M. AWARD A CONSTRUCTION CONTRACT TO PAVEMENT COATINGS CO., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $893,600 FOR THE 2022 SLURRY SEAL PROJECT, CITY PROJECT NO. 21-02

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to:

1. Award a construction contract to Pavement Coatings Co., a California corporation, in the amount of $893,600 for the 2022 Slurry Seal Project, City Project No. 21-02 (“the Project”).

2. Authorize the City Manager to approve a purchase order in an amount not to exceed $75,000 with an ‘on-call’ firm for construction management and inspection services.

3. Authorize the City Manager or his designee to execute all necessary documents.

N. TREASURER’S INVESTMENT REPORT AS OF SEPTEMBER 30, 2021, OCTOBER 31, 2021, AND NOVEMBER 30, 2021

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5 -0, to receive and file the Treasurer’s Investment Reports as of September 30, 2021, October 31, 2021, and November 30, 2021.

O. APPROVAL OF PUBLIC ART COMMISSION NEIGHBORHOOD GRANT PROGRAM AND APPROPRIATION OF $25,000 IN GRANT FUNDING FROM

PUBLIC ARTS FUND

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0, to approve a budget allocation of $25,000 from the Public Art Fund for the Public Arts Neighborhood Grant Program.

P. SECOND READING AND ADOPTION OF ORDINANCE NO. 2061 ADOPTING

A CATEGORICAL EXEMPTION AND APPROVING A CHANGE OF ZONE

APPLICATION FROM RMHP (RESIDENTIAL MOBILE HOME PARK) TO R- 1-C (SINGLE-FAMILY RESIDENTIAL) FOR AN UNDEVELOPED 1.35-ACRE PARCEL (APN: 508-240-020) LOCATED AT THE NORTHWEST CORNER OF SUNNY DUNES AND SOUTH SUNRISE WAY, SECTION 23.

Item 1B - Page 43
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MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 2061 entitled," AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,

ADOPTING A CATEGORICAL EXEMPTION AND APPROVING A CHANGE OF

ZONE APPLICATION FROM RMHP (RESIDENTIAL MOBILE HOME PARK) TO R-1-C (SINGLE-FAMILY RESIDENTIAL) FOR AN UNDEVELOPED 1.35-ACRE PARCEL (APN: 508-240-020) LOCATED AT THE NORTHWEST CORNER OF SUNNY DUNES AND SOUTH SUNRISE WAY, SECTION 23."

2. PUBLIC HEARINGS:

A. REQUEST BY AG LAND INVESTMENTS, LLC FOR GENERAL PLAN

AMENDMENT TO CHANGE THE CURRENT LAND USE DESIGNATION OF ‘INDUSTRIAL’ (IND) TO ‘VERY LOW DENSITY RESIDENTIAL’ (VLDR), CHANGE OF ZONE FROM ‘PLANNED RESEARCH AND DEVELOPMENT
PARK’ (M -1-P) TO ‘SINGLE -FAMILY RESIDENTIAL’ (R -1-C), AND

TENTATIVE TRACT MAP (TTM) AND ADMINISTRATIVE MINOR
MODIFICATION (AMM) APPLICATIONS TO SUBDIVIDE 2.53 ACRES OF UNDEVELOPED LAND INTO EIGHT (8) SINGLE -FAMILY RESIDENTIAL PARCELS FOR FUTURE DEVELOPMENT AT 2700 EAST ALEJO ROAD (CASE

5.1521 GPA/CZ, 38049 TTM, 7.1645 AMM)

MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
GARNER WOODS, CARRIED 4-0 (HOLSTEGE RECUSED), to:

1. Introduce by title only and waive further reading of Ordinance No. 2062 entitled, “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1521 CZ, CHANGE OF ZONE, TO AMEND THE CURRENT ZONE DESIGNATION OF ‘PLANNED RESEARCH AND
DEVELOPMENT PARK’ (M-1-P) TO ‘SINGLE-FAMILY RESIDENTIAL’ (R-1- C) FOR THE SUBDIVISION OF A 2.53- ACRE LOT INTO EIGHT (8) SINGLE- FAMILY RESIDENTIAL PARCELS FOR FUTURE DEVELOPMENT AT 2700 EAST ALEJO ROAD, SECTION 12.”

2. Adopt Resolution No. 24997 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1521

GPA, GENERAL PLAN AMENDMENT, TO AMEND THE CURRENT LAND
USE DESIGNATION OF ‘INDUSTRIAL’ (IND) TO ‘VERY LOW DENSITY RESIDENTIAL’ (VLDR) FOR THE SUBDIVISION OF A 2.53-ACRE LOT INTO EIGHT (8) SINGLE -FAMILY RESIDENTIAL PARCELS FOR FU TURE DEVELOPMENT AT 2700 EAST ALEJO ROAD, SECTION 12.”

3. Adopt Resolution No. 24998 entitled, “A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE TTM 38049, TENTATIVE TRACT MAP, AND CASE 7.1645 AMM,

ADMINISTRATIVE MINOR MODIFICATION, FOR THE SUBDIVISION OF A

2.53-ACRE LOT INTO EIGHT (8) SINGLE-FAMILY RESIDENTIAL PARCELS WITH THE LOT WIDTH OF 117 FEET INSTEAD OF THE CODE-REQUIRED Item 1B - Page 44
City Council Minutes March 24, 2022

City of Palm Springs Page 8

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES 130-FOOT-MINIMUM FOR LOT 4 AND LOT 8 FOR FUTURE DEVELOPMENT AT 2700 EAST ALEJO ROAD, SECTION 12.”

B. REQUEST BY THE CITY OF PALM SPRINGS FOR APPROVAL OF THE

ANNUAL UPDATE OF THE PALM SPRINGS ZONING CODE AND MUNICIPAL CODE (CASE 5.1466 ZTA)

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0 to introduce by title only and waive further reading of Ordinance No. 2063 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, ADOPTING AN ANNUAL UPDATE TO THE PALM SPRINGS ZONING CODE (CASE 5.1466 ZTA).”

3. LEGISLATIVE:

A. CONSIDERATION OF GUARANTEED INCOME PILOT PROGRAM AND

DIRECTION TO STAFF

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5 -0 to approve a request for financial support of a guaranteed income pilot program in the amount of $200,000.

PUBLIC TESTIMONY (NON-AGENDA ITEMS):

Max Gerda
David Feltman
Richard Becker

CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT:

The City Council provided feedback to the City Manager regarding upcoming agenda items and directed staff to resume in-person City Council meetings beginning April 7, 2022.

ADJOURNMENT:

The City Council adjourned at 9:28 p.m.

Respectfully submitted,

Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: ___/___ /2022
Item 1B - Page 45

Thursday, April 7, 2022
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs

Pursuant to Assembly Bill 361 this meeting was also conducted by teleconference.

CALL TO ORDER:

A Regular Meeting of the Palm Springs City Council was called to order by Mayor Middleton on Thursday, April 7, 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; and Mayor Lisa Middleton

Absent: Mayor Pro Tem Grace Elena Garner

City Staff

Present: Justin Clifton, City Manager; Jeffrey Ballinger, City Attorney; and Monique Lomeli, Interim City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.

ACCEPTANCE OF THE AGENDA:

MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 4-0, to remove Item 1H from the agenda as requested by staff and accept the agenda.

REPORT OF CLOSED SESSION:

The Regular Closed Session of the City Council of April 7, 2022, was called to order by Mayor Middleton at 3:30 p.m., with a quorum present (Garner absent).

The meeting convened into Closed Session to discuss the following items as listed on the Regular Closed Session Meeting Agenda:

CONFERENCE WITH LEGAL COUNSEL – MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2):

Four (4) matters that, under the existing circumstances, the City Attorney believes create significant exposure to litigation.

CONFERENCE WITH LEGAL COUNSEL – DISCUSSION TO CONSIDER INITIATION OF LITIGATION, Pursuant to Government Code Section 54956.9(d)(4):

Item 1B - Page 46
City Council Minutes April 7, 2022
City of Palm Springs Page 2

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

Under existing facts and circumstances, there are four (4) matters the City Council has decided or may decide to initiate litigation.

CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957.6:

City Negotiators: Justin Clifton, City Manager
Jeremy Hammond, Deputy City Manager
Stephanie George, Human Resources Director
Andrew Mills, Chief of Police
Peter Brown, Legal Counsel

Employee Organization: Palm Springs Police Officers Association (PSPOA) Palm Springs Police Management Association (PSPMA)

City Attorney Ballinger reported that the City Council received briefings and provided direction to staff regarding the agendized Closed Session Items but did not take any reportable action.

PUBLIC EMPLOYEE PERFORMANCE EVALUATION, Pursuant to Government Code Section 54957:

City Employee: City Manager
City Employee: City Attorney

PUBLIC TESTIMONY:

Kathy Wormack
Jane Garrison

CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS:

1. CONSENT CALENDAR:

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 4-0, to approve the consent calendar, with the removal of Item 1B for separate discussion.

A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361

RECOMMENDATION: Find that the City Council has considered the circumstances of the state of emergency during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing, and as a result, the Palm Springs City Council and all of Palm Springs Board, Commission, and Committee meetings will be held by videoconference, in accordance with AB 361.

B. CULTURALLY STRONG MURAL PROJECT
Item 1B - Page 47
City Council Minutes April 7, 2022
City of Palm Springs Page 3

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

The City Council directed staff to reengage the Public Arts Commission and explore options to integrate the mural project with wayfinding initiatives.

C. APPROVE A NON- EXCLUSIVE OPERATING AND LEASE AGREEMENT

WITH ALCLEAR, LLC DBA CLEAR, FOR BIOMETRIC PASSENGER

SCREENING SERVICES AT THE PALM SPRINGS INTERNATIONAL

AIRPORT

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 4-0, to:

1. Approve a Non- Exclusive Operating and Lease Agreement with Alclear, LLC dba CLEAR, consisting of a one -year term from April 1, 2022, to March 31, 2023, with two one-year extension options, generating a yearly space rent of $14,271.96 and $.75 per passenger using CLEAR biometric screening services. the new 2022 Air Service Incentive Program

2. Authorize the City Manager to execute all documents.

D. APPROVE A SOLE SOURCE AGREEMENT WITH ENVIRONMENTAL

SYSTEMS RESEARCH INSTITUTE (ESRI) FOR ENTERPRISE GIS SOFTWARE

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 4-0, to:

1. Approve a 3-year sole source agreement with ESRI in the amount of $38,500 per year, not to exceed $115,500 over 3-year contract period.

2. Authorize the City Manager to execute all necessary documents.

E. APPROVAL OF THE FISCAL YEAR 2022/2023 SCA 152 SPECIAL ASSESSMENT RATE

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 4-0, to:

1. Adopt Resolution No. 24999 entitled, “A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING FINDINGS AND

REAFFIRMING THE ESTABLISHMENT AND SETTING OF RATES FOR
COUNTY SERCIVE AREA 152 FOR FISCAL YEAR 2022/2023 TO FUND THE CITY’S NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM
(NPDES) PERMIT IN ORDER TO OPERATE AND MAINTAIN THE CITY’S DRAINAGE AND FLOOD CONTROL SYSTEMS.”

F. REQUEST BY JOSEPH MANTELLO AND PAUL MARLOW, OWNERS, FOR

APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR THE DONALD WEXLER RESIDENCE, A CLASS 1
HISTORIC SITE LOCATED AT 1272 EAST VERBENA DRIVE (APN #507 -253- 009), (HSPB #139)
Item 1B - Page 48
City Council Minutes April 7, 2022
City of Palm Springs Page 4

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MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 4-0, to:

1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Joseph Mantello and Paul Marlow.

2. Authorize the City Manager to execute the Agreement.

3. Direct the City Clerk to record the Agreement with the County of Riverside.

G. REQUEST BY DANIEL E. BRIDGE, OWNER, FOR APPROVAL OF A MILLS

ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR THE
ALEXANDER HOUSE OF TOMORROW, A CLASS 1 HISTORIC SITE
LOCATED AT 1350 LADERA CIRCLE (APN #505-082-026), (HSPB #136)

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 4-0, to:

1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Daniel E. Bridge.

2. Authorize the City Manager to execute the Agreement

3. Direct the City Clerk to record the Agreement with the County of Riverside.

H. AWARD CONSTRUCTION CONTRACT TO ELECNOR BELCO ELECTRIC, INC., IN THE AMOUNT OF $2,723,329 FOR THE HIGHWAY SAFETY IMPROVEMENT PROGRAM (CYCLE 8), FEDERAL AID PROJECT NO.

HSIPLN-5282(047), CITY PROJECT NO. 16-18
This item was removed from the agenda

I. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 4-0, to:

1. Adopt Resolution No. 25000 entitled, “ A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 01-22- 22 AND 02 -05-22 TOTALING $4,215,704.30 AND ACCOUNTS PAYABLE WARRANTS DATED 01-20-22 AND 02-03-22 TOTALING $8,724,113.18, IN THE AGGREGATE AMOUNT OF $12,939,817.48, DRAWN ON BANK OF AMERICA.”

J. APPROVAL OF CONTRACT SERVICE AGREEMENTS WITH LIBCO INC., DBA MAGICAL HOLIDAY DESIGNS; KINCAID INDUSTRIES, INC.;
CALIFORNIA EASY RENOVATIONS, INC.; ALLISON MECHANICAL, INC.; M.

BREY ELECTRIC, INC.; AJ FISTES CORPORATION; VALLEY LOCK AND Item 1B - Page 49
City Council Minutes April 7, 2022
City of Palm Springs Page 5

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

SAFE, INC.; AND AL MILLER & SONS ROOFING CO., INC. IN A TOTAL AMOUNT NOT TO EXCEED $2,823,450

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 4-0, to:

1. Approve Contract Services Agreement No. A907 8 with Libco Inc., DBA Magical Holiday Designs, a California corporation, to provide holiday decoration installation services for a three -year term in the amount of $123,450 beginning April 11, 2022, through April 10, 2025, with two one-year optional extensions.

2. Approve Contract Services Agreement No. A9071 with Kincaid Industries, Inc., a California corporation, to provide plumbing maintenance and installation services for a three-year term in the amount of $300,000 beginning April 11, 2022, through April 10, 2025, with two one-year optional extensions.

3. Approve Contract Services Agreement No. A9070 with California Easy Renovations, Inc., a California corporation, to provide building repair and renovation services for a three-year term in the amount of $300,000 beginning April 11, 2022, through April 10, 2025, with two one-year optional extensions.

4. Approve Contract Services Agreement No. A9069 with Allison Mechanical, Inc., a California corporation, to provide HVAC maintenance and installation services for a three-year term in the amount of $600,000 beginning April 11, 2022, through April 10, 2025, with two one-year optional extensions.

5. Approve Contract Services Agreement No. A9068 with M. Brey Electric, Inc., a California corporation, to provide electrical maintenance and installation services for a three-year term in the amount of $600,000 beginning April 11, 2022, through April 10, 2025, with two one-year optional extensions.

6. Approve Contract Services Agreement No. A9079 with AJ Fistes Corporation, a California corporation, to provide painting and wallcovering services for a three -year term in the amount of $300,000 beginning April 11, 2022, through April 10, 2025, with two one-year optional extensions.

7. Approve Contract Services Agreement No. A9065 with Valley Lock and Safe, Inc., a California corporation, to provide locksmith services for a three -year term in the amount of $300,000 beginning April 11, 2022, through April 10, 2025, with two one - year optional extensions.

8. Approve Contract Services Agreement No. A9077 with Al Miller & Sons Roofing Co., Inc., a California corporation, to provide roofing inspection, repair, and installation services for a three -year term in the amount of $300,000 beginning April 11, 2022, through April 10, 2025, with two one-year optional extensions.

9. Authorize the City Manager to execute all necessary documents.

Item 1B - Page 50
City Council Minutes April 7, 2022
City of Palm Springs Page 6

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

K. SECOND READING AND ADOPTION OF ORDINANCE NO. 2062 APPROVING CASE 5.1521 CZ, CHANGE OF ZONE, TO AMEND THE CURRENT ZONE DESIGNATION OF ‘PLANNED RESEARCH AND DEVELOPMENT PARK’ (M - 1-P) TO ‘SINGLE-FAMILY RESIDENTIAL’ (R-1-C) FOR THE SUBDIVISION OF A 2.53-ACRE LOT INTO EIGHT (8) SINGLE-FAMILY RESIDENTIAL PARCEL FOR FUTURE DEVELOPMENT AT 2700 EAST ALEJO ROAD, SECTION 12.

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 3-0-1 (Holstege recused) to:

1. Waive the second reading of the ordinance text in its entirety and adopt Ordinance No. 2062 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1521 CZ, CHANGE OF ZONE, TO AMEND THE CURRENT ZONE DESIGNATION OF ‘PLANNED RESEARCH AND DEVELOPMENT PARK’ (M -1-P) TO ‘SINGLE -FAMILY RESIDENTIAL’ (R -1-C) FOR THE SUBDIVISION OF A 2.53- ACRE LOT INTO EIGHT (8) SINGLE-FAMILY RESIDENTIAL PARCELS FOR FUTURE DEVELOPMENT AT 2700 EAST ALEJO ROAD, SECTION 12."

L. SECOND READING AND ADOPTION OF ORDINANCE NO. 2063 APPROVING

THE ANNUAL UPDATE OF THE PALM SPRINGS ZONING CODE AND
MUNICIPAL CODE (CASE 5.1466 ZTA).

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 4-0, to:

1. Waive the second reading of the ordinance text in its entirety and adopt Ordinance No. 2063 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, ADOPTING AN ANNUAL UPDATE TO THE PALM SPRINGS ZONING CODE (CASE 5.1466 ZTA)."

2. PUBLIC HEARINGS:

A. 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 HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 3-1 (MIDDLETON VOTING NO), to OVERTURN the Planning Commission’s decision to deny and approve 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 the maximum building height of 23.6 feet on an Item 1B - Page 51
City Council Minutes April 7, 2022
City of Palm Springs Page 7

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

undeveloped hillside parcel located at 310 West Crestview Drive, Zone R-1-C, Section 27 (Case 3.4215 MAJ & Case 7.1632 AMM),” with direction to staff to bring forth a revised resolution on a future consent calendar.

B. 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 -SQUARE-FOOT SINGLE -FAMILY RESIDENCE WITH A 10-FOOT FRONT YARD SETBACK AND THE 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)

7.1633 AMM, for the construction of a 3,344-square-foot single-family residence with the front yard setback of 10 feet and the 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)” with direction to staff to bring forth a revised resolution on a future consent calendar.

3. BUSINESS & LEGISLATIVE:

A. COLLEGE OF THE DESERT PRESENTATION AND DISCUSSION
Representatives from College of the Desert provided an informational presentation regarding the College of the Desert Palm Springs Campus.

B. GIFT TERM SHEET IN THE AMOUNT OF $5,000,000 WITH DAVID LEE FOR

THE RESTORATION OF THE PALM SPRINGS PLAZA THEATRE

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 4-0, to:

1. Approve Gift Term Sheet between City of Palm Springs, The Palm Springs Plaza Theatre Foundation, and David Lee Foundation #2 regarding a Five Million Dollar ($5,000,000) Gift for the historic Palm Springs Plaza Theatre.

2. Authorize the City Manager to execute the Term Sheet, as well as a Gift Agreement, consistent with the Term Sheet, in a form acceptable to the City Manager and City Attorney.

C. INCREASE ANNUAL LIMIT FOR HOUSING CONSULTANT SERVICES

AGREEMENT WITH LESAR DEVELOPMENT CONSULTANTS

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 4-0, to:

Item 1B - Page 52
City Council Minutes April 7, 2022
City of Palm Springs Page 8

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

1. Authorize the City Manager to increase the Contract Service Agreement with LeSar Development Consultants for an amount not to exceed $255,000 annually with up to three additional years, for a total amount of $875,000.

2. Authorize the City Manager or his designee to execute all necessary documents.

D. 2007 GENERAL PLAN LI MITED UPDATE – A REVIEW OF REVISIONS TO

THE GENERAL PLAN VISION AND PRIORITY STATEMENTS AND THE

DRAFT LAND USE PLAN

Provided direction to staff on proposed Vision and Priority statements for the 2040 General Plan and proposed Land Use Plan for the 2040 General Plan.

PUBLIC TESTIMONY (Non-Agenda Items):

PUBLIC TESTIMONY:

Tracey Folk

CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT:

Councilmember Kors was apart of Eisenhower Health Dedication ceremony.

Mayor Middleton acknowledges that 04/08/22 7PM-8PM FIND Food Bank telethon. Attended Senior awards at Fantasy Springs Casino. Updated on events attended. Clarified programs that are offered to citizens.

The City Council provided feedback to the City Manager regarding upcoming agenda items.

ADJOURNMENT: The meeting adjourned at 11:00 p.m.

Respectfully submitted,

Brenda Pree, MMC, CERA
City Clerk

APPROVED BY CITY COUNCIL: ___/___ /2022

Item 1B - Page 53

Thursday, April 21, 2022
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs

Pursuant to Assembly Bill 361 this meeting was conducted by teleconference in addition to in- person public access to the meeting location.

CALL TO ORDER:

A Regular Meeting of the Palm Springs City Council was called to order by Mayor Middleton on Thursday, April 21, 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 Tem Grace Elena Garner; and Mayor Lisa Middleton

Absent: None

City Staff

PRESENTATIONS:

• PRESENTATION OF NATIONAL CRIME RIGHTS WEEK

• PRESENTATION OF A PROCLAMATION FOR NATIONAL ARAB AMERICAN HERITAGE MONTH (Mayor Lisa Middleton)

• PRESENTATION OF A PROCLAMATION FOR NATIONAL CRIME VICTIM RIGHTS WEEK. (Mayor Lisa Middleton)

ACCEPTANCE OF THE AGENDA:

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to accept the agenda with Item No. 3A reordered to be heard first.

Item 1B - Page 54
City Council Minutes April 21, 2022
City of Palm Springs Page 2

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REPORT OF CLOSED SESSION:

The Regular Closed Session of the City Council of April 21, 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:

CONFERENCE WITH LEGAL COUNSEL – MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2):

Three (3) matters that, under the existing circumstances, the City Attorney believes create significant exposure to litigation.

CONFERENCE WITH LEGAL COUNSEL – DISCUSSION TO CONSIDER INITIATION OF LITIGATION, Pursuant to Government Code Section 54956.9(d)(4):

Under existing facts and circumstances, there are four (4) matters the City Council has decided or may decide to initiate litigation.

CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957.6:

City Negotiators: Justin Clifton, City Manager
Jeremy Hammond, Deputy City Manager
Stephanie George, Human Resources Director
Andrew Mills, Chief of Police
Peter Brown, Legal Counsel

Employee Organization: Palm Springs Police Officers Association (PSPOA) Palm Springs Police Management Association (PSPMA)

City Attorney Ballinger reported that the City Council received briefings and provided direction to staff regarding the agendized Closed Session Items but did not take any reportable action.

PUBLIC EMPLOYEE PERFORMANCE EVALUATION, Pursuant to Government Code Section 54957:

City Employee: City Manager
City Employee: City Attorney

PUBLIC TESTIMONY:

Delia Ruiz
Ron DeHarte
Pastor Carl McPeters
Betty Hall Brown
Larry Holland
Dieter Crawford
Mickey Brown
Item 1B - Page 55
City Council Minutes April 21, 2022
City of Palm Springs Page 3

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Michael Eleman
Gary Holland
Vera Abner
David Weiner
Jason Alvera
Gary Grisele
Jerry Pain
Monroe Mabone
Ben Mayfield
Jeff Jones
Elizabeth Dolores
Kavon Ward
Melissa Flores
Robert Taylor
Betty Mayfield Taylor
Lorinda Adams Sanders
Naomi Soto
David McKnoll
Gloria Holland Thompson
Darius Wright
Lavera Hoyes
Frank Parker
Stephanie Martin
Elizabeth Heather Vicona
Steve Walton
David Hamlin
Gracie Roosely Jenkins
Pearl Deevers
David Feltman
Ronald Rogers
Miriam
Jeff Ball
Alec De La Cruz

CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS: None

1. CONSENT CALENDAR:

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0 (MIDDLETON recused from Item No. 1B), to approve the consent calendar.

A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361

RECOMMENDATION: Find that the City Council has considered the circumstances of the state of emergency during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing, and as a result, the Palm Springs City Council and all of Palm Springs Board, Commission, and Committee Item 1B - Page 56
City Council Minutes April 21, 2022
City of Palm Springs Page 4

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meetings will be held by videoconference, in accordance with AB 361.

B. APPROVAL OF PAYROLL WARRANTS, CLAIMS, AND DEMANDS

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 4-0-1 (Middleton recused), to adopt Resolution No. 25003 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,

CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/
DISBURSEMENTS FOR THE PERIOD ENDING 02-19-22 AND 03-05-22 TOTALING $3,735,126.76 AND ACCOUNTS PAYABLE WARRANTS DATED 02-17-22 AND 03- 03-22 TOTALING $6,720,792.67, IN THE AGGREGATE AMOUNT OF $10,455,919.43, DRAWN ON BANK OF AMERICA."

C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF MARCH 1 THROUGH MARCH 31, 2022

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5 -0, to receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of March 1 through March 31, 2022

D. REJECT ALL BIDS RECEIVED FOR THE DESERT HIGHLAND BALLFIELD

PROJECT AND AUTHORIZE STAFF TO RE -BID DESERT HIGHLAND
BALLFIELD PROJECT, CITY PROJECT 21-22

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to:

1. Reject the bids received on March 2, 2022, for the Desert Highland Ballfield Project, City Project 21-22.

2. Authorize staff to re-bid the Desert Highland Ballfield Project, City Project 21-22.

E. APPROVAL OF A PURCHASE ORDER TO STANTEC CONSULTING
SERVICES, INC. FOR CONSTRUCTION MANAGEMENT SERVICES IN AN AMOUNT NOT TO EXCEED $295,810 FOR THE BOGERT TRAIL SEWAGE LIFT STATION, CITY PROJECT NO. 18-18

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to:

1. Authorize a Purchase Order in an amount not to exceed $295,810 with Stantec pursuant to the City’s “on- call” agreement (A8564), for construction management services for the Bogert Trail Sewage Lift Station, City Project No. 18-18.

2. Authorize the City Manager to execute all necessary documents

F. REQUEST BY STEP HEN NASH AND CYNTHIA NASH, OWNERS, FOR

APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR 295 EAST TWIN PALMS DRIVE, A CONTRIBUTING Item 1B - Page 57
City Council Minutes April 21, 2022
City of Palm Springs Page 5

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

STRUCTURE IN THE ROYAL HAWAIIAN ESTATES HISTORIC DISTRICT (APN #511-070-040), (HSPB #73 / HD-2)

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to:

1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Stephen Nash, Cynthis Nash and the Royal Hawaiian Estates 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.

G. AWARD A CONSTRUCTION CONTRACT TO ELECNOR BELCO ELECTRIC, INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $511,706 FOR

FOR THE TRAFFIC SIGNAL INSTALLATION, SAN RAFAEL DRIVE, AND AVENIDA CABALLEROS, CITY PROJECT NO. 20-33

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to:

1. Award construction contract to Elecnor Belco Electric, Inc. (Belco), a California corporation, in the amount of $511,706 for the Traffic Signal Installation, San Rafael Drive and Avenida Caballeros, City Project No. 20-33.

2. Authorize the City Manager or his designee to execute all necessary documents.

H. AWARD A CONSTRUCTION CONTRACT TO ELECNOR BELCO ELECTRIC, INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $638,881 FOR

THE DESERT HIGHLAND TRAFFIC SIGNAL, INDIAN CANYON DRIVE AND ROSA PARKS ROAD, CITY PROJECT NO. 20-19

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to:

1. Award a construction contract to Elecnor Belco Electric, Inc. (Belco), a California corporation, in the amount of $638,881 for the Desert Highland Traffic Signal, Indian Canyon Drive and Rosa Parks Road, City Project No. 20-19.

2. Authorize the City Manager or his designee to execute all necessary documents.

I. APPROVAL OF BOARD AND COMMISSION MEETING MINUTES

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to:

1. Receive and file Board and Commission meeting minutes for the month of January and February 2022.

Item 1B - Page 58
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City of Palm Springs Page 6

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J. APPROVAL OF AMENDMENT NO. 8 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2021-22

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to:

1. Adopt Resolution No. 25004 entitled, "A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 8 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2021-2022, ADOPTED BY RESOLUTION NO. 24912.”

2. Authorize the City Manager to execute all necessary documents.

K. ADOPTION OF ELECTRONIC SYSTEMS AND RECORDS POLICIES

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5 -0, to approve and adopt the proposed Electronic Systems Use Policy, California Public Records Act Policy, San Jose Compliance Policy, Electronic Records Retention Policy, and Social Media Use Policy.

L. APPROVE AMENDMENT NO. 1 TO AGREEMENT WITH VOHNE LICHE KENNELS, INC. FOR POLICE CANINE ACQUISITION, TRAINING, AND

CERTIFICATION

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to:

1. Approve Ame ndment No. 1 to the contract services agreement with Vohne Liche Kennels, Inc., for police canine acquisition, training, and certification.

2. Authorize the City Manager to execute all necessary documents.

M. WAIVER OF FEES RELATED TO THE PALM SP RINGS CULTURAL CENTER

USE OF THE DOWNTOWN PARK FOR AN OUTDOOR SUMMER MOVIE
SERIES

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5 -0, to authorize the City Manager to waive associated fees in the amount of $4,186 for the Palm Springs Cultural Center’s use of the City’s Downtown Park for the outdoor summer movie series.

N. APPROVE MEMORANDUM OF UNDERSTANDING ACCEPTING GRANT
FUNDS IN THE AMOUNT OF $486,222 FROM THE STATE OF CALIFORNIA

DEPARTMENT OF JUSTICE TOBACCO GRANT PROGRAM

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to:

Item 1B - Page 59
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1. Accept grant funding in the amount of $486,222 from the California Department of Justice Tobacco Grant Program. Appropriate the grant funding into the FY 2021-22, FY 2022-23, FY 2023-24, and FY 2024-25 budgets.

2. Authorize the City Manager or a designated representative to execute the grant documents, Memorandum of Understanding, and to submit all documents, including, without limitation, contracts, amendments, extensions, and payment requests as appropriate to accept the funds under and comply with the conditions of the grant.

3. Grant funds received hereafter shall not be used to supplant ongoing law enforcement expenditures

EXCLUDED CONSENT CALENDAR:

2. PUBLIC HEARINGS:

A. 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 COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 3-1-1 (MIDDLETON VOTING NO; GARNER RECUSED), to continue to a date uncertain; provided direction to Staff to reevaluate and conduct outreach to neighboring hotels.

B. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2022 –2023 ANNUAL

ACTION PLAN (AAP) AND BUDGET ADOPTION HEARING AND

AUTHORIZATION FOR SUBMISSION TO THE UNITED STATES

DEPARTMENT OF HOUSING & URBAN DEVELOPMENT FOR THE FISCAL YEAR 2022–2023 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, 48TH PROGRAM YEAR AND AUTHORIZING THE CITY MANAGER TO

EXECUTE ALL NECESSARY AGREEMENTS

MOTION BY MAYOR MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 4 -0 (WOODS EXCUSED), to continue to a date certain (May 12, 2022).

C. ADOPTION OF ORDINANCE AUTHORIZING A MILITARY EQUIPMENT USE POLICY, AS REQUIRED BY ASSEMBLY BILL 481
RECOMMENDATION:

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to continue to a date certain (May 12, 2022).

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3. BUSINESS & LEGISLATIVE:

A. DISCUSSION OF POTENTIAL REPARATIONS PROGRAMS

The City Council discussed reparations to residents impacted by the Section 14 evictions; provided direction to Staff regarding the exploration of programmatic reparations and direct monetary compensation.

B. REVIEW AND DISCUSSION OF CITY BOARDS AND COMMISSIONS By consensus, this item was continued to a date uncertain.

C. DISCUSSION AND DIRECTION ON ASSEMBLY BILL AB 2336 – SPEED

SAFETY CAMERAS PILOT PROGRAM

MOTION BY MAYOR MIDDLETON, SECOND BY MAYOR PRO TEM GARNER, CARRIED 4-1 (WOODS VOTING NO), to authorize participation in the State Speed Safety Camera pilot program and authorize the issuance of a letter of support to the author(s) of Assembly Bill 2336.

PUBLIC TESTIMONY (Non-Agenda Items):

David Feltman
Ronald Rogers
Miriam

CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT:

City Manager Clifton gives update on upcoming meeting dates.

ADJOURNMENT:

The City Council adjourned at 11:45 p.m.

Respectfully submitted,

Brenda Pree, MMC, CERA
City Clerk

APPROVED BY CITY COUNCIL: ___/___ /2022

Item 1B - Page 61
Thursday, May 12, 2022
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs

Pursuant to 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, May 12, 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 Tem Grace Elena Garner; and Mayor Lisa Middleton

Absent: None

City Staff

Present: Justin Clifton, City Manager; Teresa Gal lavan, Assistant City Manager, Jeffrey Ballinger, City Attorney; and Monique Lomeli, Interim City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.

PRESENTATIONS:

• PRESENTATION: RIDE OF SILENCE

ACCEPTANCE OF THE AGENDA:

By consensus, the City Council accepted the agenda with the remov al of Consent Calendar Item No. 1M for separate discussion.

REPORT OF CLOSED SESSION:

The Regular Closed Session of the City Council of May 12 , 2022, was called to order by Mayor Middleton at 2:30 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:

Item 1B - Page 62
City Council Minutes May 12, 2022