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November 28, 2022Minutes
of theRegularMeeting of theCityCouncilof
theCity of PalmSpringsPursuant
to AssemblyBill 361 this meetingwas conductedin partby teleconference. CALL TO ORDER: A
RegularMeeting of thePalmSpringsCity Councilwas calledto orderby MayorMiddletonon Monday, November28, 2022, at 5: 30p. m. PLEDGE
OF ALLEGIANCE: Boyscout
Troop 262 led the Pledgeof Allegiance. ROLL
CALL: Present:
Councilmembers Christy Holstege, Geoff Kors, DennisWoods; Mayor Pro TemGrace Elena Garner; and MayorLisa MiddletonAbsent:
None. City
Staff Present:
Teresa Gallavan, Interim City Manager, Jeremy Hammond, Deputy City Manager; Flinn Fagg, DeputyCity Manager, Jeffrey Ballinger, City Attorney; Brenda Pree, City Clerk and MoniqueLomeli, Chief DeputyCity Clerk, were presentat RollCall. Otherstaff memberspresentedreports or respondedto questionsas indicatedin theminutes. PRESENTATIONS, PROCLAMATIONS, AND OTHERNOTICES: None.
ACCEPTANCE
OF THE AGENDA: MOTION
BY COUNCILMEMBERHOLSTEGE, SECOND BY MAYORPRO TEM GARNER, CARRIED 5- 0 toreorderthe agenda, hearing Item No. 3D beforeItem No. 3C, and removingItem No. 1F for separatediscussion. REPORT
OF CLOSEDSESSION: The
RegularClosed Session of theCity Councilof November28, 2022, was calledto orderby Mayor Middletonat 3: 30p. m., withall memberspresent. The
meetingconvenedinto ClosedSessionto discussthe followingitems as listedon theRegularClosed SessionMeeting Agenda with no reportableaction: CONFERENCE WITH LEGAL COUNSEL — MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to GovernmentCode Section 54956. 9( d)(2):
City Council Minutes November 28, 2022
Three (3) mattersthat, in the opinion of the City council on the advice of the City Attorney, based on existing facts and circumstance, there is significant exposure to litigation against the City.
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.
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 two ( 2) 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: 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. Chino Canyon Rd. & S/L SanbornWay);
504- 040- 046 ( West of North Vista Grande Avenue between 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 Canyon 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: TeresaGallavan, Interim City Manager
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City Council Minutes November 28, 2022
Negotiating Parties: Any
Under Negotiation: Price and Terms of Payment
CONFERENCE WITH LABOR NEGOTIATORS — Pursuant to Government Code Section 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 - Pursuant to Government Code Section 54957:
Title: City Manager Recruitment
PUBLIC COMMENT:
MICHAEL HORNE
JOHN MCBAIN
DEAN LAVINE
WILLIAM FREYER
MICHAEL JOSEPH PITKIN
BRUCE HOBAN
JUAN ESPINOZA
DAN AAHRON
JOHN SHAY
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 No. 1F.
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 5-0, to find that the City Council has considered the circumstances of the state of emergencyduring a proclaimed stateof emergency, and stateor local officials have imposed or recommended measures to promote social distancing, and as a result, the Palm City Council and all of Palm Springs Board, Commission, and Committee meetings may be held by videoconference, in accordance with AB 361
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City Council Minutes November 28, 2022
B. APPROVAL OF MINUTES
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to 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, September1, September29, October 17, and October 27, 2022.
C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF SEPTEMBER 2022
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5- 0, Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of September 1 through September 30, 2022.
D. APPROVAL OF AMENDMENT NO. 2 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2022- 23
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5- 0, to:
1. Adopt Resolution No. 25068 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."
2. Authorize the City Manager to executeall documentsnecessaryto effectuate this action.
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
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5- 0, to adopt Resolution No. 25069 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."
F. AUTHORIZE THE PURCHASE OF OFFICE SUPPLIES FROM ODP BUSINESS
SOLUTIONS
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5- 0, to:
1. Continue Item to December 5, 2022, pending City Attorney verification that ODP Business Solution' s provides fully inclusive, non- discriminatory healthcare to its employees.
2. Agendize future discussionregarding an updateto City Ordinancesregarding G. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. A9082 WITH UNITED RENTALS ( NORTH AMERICA), INC. FOR EQUIPMENT RENTAL SERVICES City of Palm Springs Page 4
City Council Minutes November 28, 2022
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5- 0, to:
1. 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.
2. Authorize the Interim City Manager or designee to execute all necessary documents.
H. APPROVE AMENDMENT NO. 1 TO NON- EXCLUSIVE OPERATING AND LEASE AGREEMENT A9092 WITH ALCLEAR, LLC DBA CLEAR
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5- 0, to
1. Approve Amendment No. 1to Non -Exclusive Operating andLeaseAgreement A9092 with Alclear, LLC dba CLEAR to add screening pods in the main terminal lobby, adjust screeningspacefrom 120 squarefeet to 296 squarefeet effective November 1, 2022, and increase rental space from $ 14,271. 96 to $ 22, 141.44 per year.
2. Authorize the Interim City Manager or designeeto executeall documents.
I. APPROVE PURCHASE AGREEMENT NO. A9274 WITH ENNIS- FLINT, INC. FOR
PAINT FOR PALM SPRINGS INTERNATIONAL AIRPORT
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5- 0, to:
1. Approve PurchaseAgreement 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.
2. Authorize the Interim City Manager or designeeto executeall necessarydocuments.
J. APPROVE CONTRACT SERVICES AGREEMENT NO. A9253 WITH JULIO G.
ESCOBEDO, JR. DBA ESCOBEDO ENTERPRISES FOR ON - CALL LUGGAGE CART
DISPENSER MAINTENANCE SERVICES
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5- 0, to:
1. 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.
2. Authorize the Interim City Manager or designeeto executeall necessarydocuments.
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
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, City of Palm Springs Page 5
City Council Minutes November 28, 2022
CARRIED 5- 0, to:
1. Authorize the City Engineer to issue a Notice to Proceedto 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.
2. Authorize the Interim City Manager to execute all necessary documents.
L. APPROVE AN AGREEMENT WITH THE DRUG ENFORCEMENT
ADMINISTRATION TO PARTICIPATE IN PALM SPRINGS NARCOTICS TASK FORCE
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5- 0, to:
1. Approve Agreement No. A9275 with the Drug Enforcement Administration through September 30, 2026.
2. Authorize the Interim City Manager to execute all necessary documents.
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
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5- 0, to:
1. 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").
2. Authorize the Interim City Manager or designee to execute all necessary documents.
N. PALM SPRINGS BOARD OF LIBRARY TRUSTEES ANNUAL REPORT FOR FISCAL YEAR 2021- 22
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to receive and file the Palm Springs Board of Library Trustees Annual Report for Fiscal Year 2021- 22.
2. PUBLIC HEARINGS:
A. AUTHORIZING ANNEXATION NO. 26 TO COMMUNITY FACILITIES DISTRICT NO. 2005- 1 ( PUBLIC SAFETY SERVICES)
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 5- 0 to:
1. Hold a Public Hearing on the matter.
2. Adopt Resolution No. 25070 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 City of Palm Springs Page 6
City Council Minutes November 28, 2022
OF A SPECIAL TAX, AND SUBMITTING THE LEVY OF SPECIAL TAX TO QUALIFIED ELECTORS.
3. Conduct the Special Annexation Landowner Election.
4. Adopt Resolution No. 25071 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).
5. Introduce Ordinance No. 2073, " 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).
B. A REQUEST FOR AMENDMENTS TO PALM SPRINGS ZONING CODE CHAPTER
92. 00 RELATED TO ZONING REGULATIONS FOR CHILDCARE USES ( CASE 5. 1566 ZTA)
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5- 0 to:
1. Waive the reading of the ordinance text in its entirety and readby title only.
2. Introduce on first reading Ordinance No. 2076 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).
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
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM GARNER, CARRIED 4- 0- 1 (HOLSTEGE RECUSED) to conduct a second reading ( adopt) of Ordinance No. 2075 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
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Deputy City Manager Fagg presentedthe staff report and the City Council provided direction to staff regarding revisions to the Ordinance. No action was taken.
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
Deputy City Manager Fagg presented the Staff Report and the City Council provided direction to staff regarding revisions to the proposed ordinance. No action was taken.
D. CLIMATE ACTION PROGRESS UPDATE
Director of Sustainability McCloy provided a progressreport on key climate action initiatives and the City Council provided feedback. No action was taken.
PUBLIC COMMENT:
MICHAEL JOSEPH PITKIN
STEVEN WIJATYK
RICK PANTELE
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT
Interim City Manager Gallavan and the City Council discussedthe tentative upcoming meeting schedule and agenda items.
ADJOURNMENT:
The City Council adjourned on Monday, November 28, 2022, at 10:56 p.m.
Respectfully submitted,
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: 12/ 15/ 2022
City of Palm Springs Page 8