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Monday, December 05, 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, December 05, 2022, at 5:44 p.m.
PLEDGE OF ALLEGIANCE:
Boy Scout Troop 262 led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Geoff Kors, Christy Holstege; Mayor Pro Tern Grace Elena Garner; and Mayor Lisa Middleton
Absent: Councilmember Dennis Woods
City Staff
Present: TeresaGallavan, Interim City Manager, Jeremy Hammond, Deputy City Manager; Jeffrey Ballinger, City Attorney; Brenda Pree, City Clerk and Cassandra Edney, Deputy City Clerk, were presentat Roll Call. Other staff memberspresentedreports or responded to questions as indicated in the minutes.
PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES:
ACCEPTANCE OF THE AGENDA:
By consensus, the City Council agreed to accept the agenda with Consent Item Nos. I removed for separate discussion.
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of December 5, 2022, was called to order by Mayor Middleton at 3:30 p.m., with four members present ( Holstege absent).
The meeting convened into Closed Session to discuss the following items as listed on the Regular Closed SessionMeeting Agenda with no reportable action:
CONFERENCE WITH LEGAL COUNSEL — MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956. 9( d)( 2):
City Council Minutes December 5, 2022
Three ( 3) matters that, in the opinion of the City council on the advice of the City Attorney, basedon existing facts and circumstance, there is significant exposureto 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 decidedor may decideto initiate litigation.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54956. 8
Property Description
Agency:
City Negotiator:
Negotiating Parties:
Under Negotiation:
PUBLIC COMMENT:
Michael Joseph Pitkin
Phillip Wen
Steven Wijatyk
David Freedman
1. CONSENT CALENDAR:
2990 E. Tahquitz Canyon Way ( APN: 502- 143-004)
Palm Springs, CA
City of Palm Springs
Teresa Gallavan, Interim City Manager
Tahquitz Housing Associates, LP
Price and Terms of Payment for Real Property Covenants
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM GARNER, CARRIED 4- 0, to approve the consent calendar with the removal of Item Nos. 1K.
A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4-0, to find that the City Council hasconsideredthe circumstances of the state of emergency during a proclaimed state of emergency, and state or local officials have imposed or recommendedmeasuresto promote social distancing, and as a result, the Palm City Council and all of Palm Springs Board, Commission, and Committee meetingsmay be held by videoconference, in accordancewith AB 361 B. APPROVAL OF MINUTES.
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MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4- 0, to approve City Council Meeting Minutes of November 10, 2022.
C. APPROVE PAYROLL WARRANTS, CLAIMS AND DEMANDS
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4- 0, to
Adopt Resolution No. 25073 entitled " A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 10- 15- 22 AND 10- 29- 22 TOTALING $ 3, 989, 372. 06 AND ACCOUNTS PAYABLE WARRANTS DATED 10- 13- 22 AND 10- 27- 22 TOTALING $ 7, 982, 674. 16, IN THE AGGREGATE AMOUNT OF $ 11, 972, 046. 22, DRAWN ON BANK OF AMERICA." D. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9145 WITH MOHAWK COMMERCIAL, INC., FOR SYSTEM - WIDE FLOORING AND INSTALLATION
SERVICES
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM GARNER, CARRIED 4- 0, to:
1. Approve Amendment No. 1 to Agreement A9145 with Mohawk Commercial, Inc., to provide system -wide flooring andinstallation servicesin an additional amount of $225,000 for a total revised contract amount not to exceed $ 300, 000 and extend the term through June 14, 2025.
2. Authorize the Interim City Manager or designeeto executeall necessarydocuments.
E. APPROVE SERVICE AGREEMENT NO. A9294 WITH HINGEWORKS
COMMERCIAL DOORS, INC. FOR ON - CALL AUTOMATIC AND REVOLVING
DOOR MAINTENANCE SERVICES
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4- 0, to:
1. Approve Contract Services Agreement A9294 with Hingewerks Commercial Doors, Inc. to provide on -call automatic and revolving door maintenance services in an amount not to exceed $ 150,000 for the initial three-year term beginning December 5, 2022, through December 4, 2025, with two one-year extension options at the City' s sole discretion extensionoptions at the City' s sole discretion.
2. Authorize the Interim City Manager or designeeto executeall necessarydocuments.
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F. APPROVAL OF AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT NO. A6938 WITH RICONDO & ASSOCIATES, INC. IN THE AMOUNT OF $ 178, 716
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4- 0, to:
1. Approve Amendment No. 3 ( Attachment A) to Agreement A6938 with Ricondo & Associates, Inc. in the amount of $ 178,716 for professional services related to Palm Springs International Airport.
2. Authorize the Interim City Manager or designeeto executeall necessarydocuments.
G. A REQUEST BY VIA ONERA SOLEDAD, LLC. FOR APPROVAL OF AN AFTER - THE - FACT ART MURAL TITLED " SOFIA' S TRANSFORMATION"
LOCATED ON THE EAST ELEVATION OF THE PERMETER WALL AT A HOTEL, SPIRIT OF SOFIA, LOCATED AT 1491 SOUTH VIA SOLEDAD ( CAUSE 22- 001 MURA).
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4- 0, to
Adopt Resolution No. 25074 entitled, " A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AFTER - THE - FACT ART MURAL TITLED " SOFIA' S TRANSFORMATION" INSTALLED ON THE
EAST ELEVATION OF THE PERIMETER WALL AT A HOTEL, SPIRIT OF SOFIA, LOCATED AT 1491 SOUTH VIA SOLEDAD ( CASE 22- 001 MUR).
H. CITY OF PALM SPRINGS DEVELOPMENT PROJECT FEE REPORT FOR FISCAL YEAR 2021- 2022
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4-0, to receive and file the City' s Development Project Fee Report for Fiscal Year 2021- 2022.
I. A REQUEST BY MICHELLE RODRIGUEZ AND TIZIANO VANNONI,
OWNERS, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY
PRESERVATION AGREEMENT FOR 1722 SOUTH PALM CANYON DRIVE, A
CONTRIBUTING STRUCTURE IN THE ROYAL HAWAIIAN ESTATES
HISTORIC DISTRICT ( APN # 511- 070- 002), ( HSPB # 73/ HD- 2)
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4- 0,
1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Michelle Rodriguez and Tiziano Vannoni, and the Royal Hawaiian Estates Homeowners Association.
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2. Authorize the Interim City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement with the County of Riverside.
J. APPROVAL OF AGREEMENT NO. A9291 WITH PARK CONSULTING GROUP
FOR CONTINUED IMPLEMENTATION AND SUPPORT SERVICES RELATED TO TYLER ENERGOV IN AN AMOUNT NOT TO EXCEED $ 273, 900
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4- 0,
1. In accordance with Section 7. 05. 030 of the Palm Springs Municipal Code, " Special Expertise Procurement", approve Agreement No. A9291 with Park Consulting Group to provide implementation, support services and project managementto complete the Tyler EnerGov Land Management System implementation for an initial amount of $ 249, 000 with an allowance of up to 10% additional cost ( not to exceed $ 273, 900).
2. Authorize the Interim City Manager to executeall necessarydocuments.
K. INTRODUCTION OF AN ORDINANCE ENTITLED, " AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTIONS 2. 60. 020 AND 2. 60. 040 OF THE PALM SPRINGS
MUNICIPAL CODE, REGARDING DUTIES OF OFFICIALS WHO SERVE AS
VOTING MEMBERS OF CERTAIN NON- PROFIT BOARDS, A CURRENTLY
RETAINED ATTORNEY OR ACCOUNTANT FOR SUCH BOARDS, OR
TRUSTEES OF CHARITABLE TRUSTS, UNDER THE CITY OF PALM SPRINGS PUBLIC INTEGRITY ORDINANCE"
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR MIDDLETON, CARRIED 4- 0,
1. Waive the reading of the ordinance text in its entirety and readby title only.
2. Introduce on first reading an Ordinance entitled, " AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 2. 60. 020 AND 2. 60. 040 OF THE PALM SPRINGS MUNICIPAL CODE
REGARDING DUTIES OF OFFICIALS WHO SERVE AS VOTING MEMBERS OF
CERTAIN NON- PROFIT BOARDS, A CURRENTLY RETAINED ATTORNEY OR
ACCOUNTANT FOR SUCH BOARDS, OR TRUSTEES OF CHARITABLE
TRUSTS, UNDER THE CITY OF PALM SPRINGS PUBLIC INTEGRITY ORDINANCE."
L. APPROVAL UTILITY AGREEMENT AMENDMENT NO. 1 WITH SOUTHERN
CALIFORNIA EDISON COMPANY FOR UTILITY RELOCATION WORK
RELATED TO INDIAN CANYOPN DRIVE WIDENING & BRIDGE
REPLACEMENT, CITY PROJECT NO. 01- 11, FEDERAL AID PROJECT NO.
BHLS- 5282( 017)
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4- 0, to:
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1. Approve Utility Agreement Amendment No. 1 with Southern California Edison Company, aCalifornia corporation, in the amount of $489,054.81 for Utility Relocation work related to the Indian Canyon Drive Widening & Bridge Replacement, City Project No. 01- 11, Federal Aid Project No. BHLS- 5282( 017).
2. Authorize the Interim City Manager or designee to execute the Utility Agreement Amendment and all associated documents.
M. TRIBAL SALES TAX AGREEMENT BETWEEN CITY OF PALM SPRINGS AND
AGUA CALIENTE BAND OF CAHUILLA INDIANS REGARDING TRIBAL
FOOD AND BEVERAGE SALES
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4- 0,
1. Approve the Tribal Sales Tax Agreement.
2. Authorize the Interim City Manager (or designee) to execute the Tribal Sales Tax Agreement and any other documents necessary to carry out the Agreement.
N. APPROVE CONTRACT SERVICES AGREEMENT NO. A9329 WITH SCI
CONSULTING GROUP FOR DISTRICT ADMINISTRATION, TAX ROLL
BILLING AND RELATED SERVICES
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4- 0, to:
1. Approve Contract Service Agreement No. A9329 with SCI Consulting Group to provide district administration, tax roll billing andrelated servicesfor a five- year term in an amount not to exceed $ 160,805 beginning January 1, 2023, through December 31, 2027.
2. Authorize the Interim City Manager or designeeto executeall necessarydocuments.
O. AUTHORIZE THE PURCHASE OF OFFICE SUPPLIES FROM ODP BUSINESS
SOLUTIONS
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 4- 0, to:
1. In accordancewith Section 7.09.010 "Cooperative PurchasingPrograms," of the Palm Springs Municipal Code, authorize the purchaseof 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 asoutlined on the attachedParticipation Agreement.
2. Authorize the Interim City Manager to executeall necessarydocuments.
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2. PUBLIC HEARINGS:
A. REQUEST BY SELENE PALM SPRINGS, LLC, FOR AN AMENDMENT TO THE
PREVIOUSLY APPROVED FINAL DEVELOPMENT PLANS AND TENTATIVE TRACT MAP FOR THE DREAM HOTEL TO INCLUDE THE ADDITION OF 24 CONDOMINIUM UNITS TO THE SOUTHEAST SECTION OF THE SITE; RECONFIGURATION OF THE 12 CONDOMINIUM UNITS AT THE
NORTHWEST AREA OF THE SITE; AND AN INCREASE IN THE NUMBER OF TOWER CONDOMINIUM UNITS FROM 28 TO 29 UNITS AND
MODIFICATIONS TO THE FINAL LANDSCAPE PLANS FOR THE
DEVELOPMENT LOCATED AT THE NORTHWEST CORNER OF AVENIDA
CABALLEROS AND AMADO ROAD, ZONE PDD 333, SECTION 14. ( CASE
5. 1132- PD 333/ TTM 35236) ( ER)
ITEM WAS PULLED FOR A FUTURE MEETING OF 02/ 23/ 2023
3. BUSINESS & LEGISLATIVE:
A. APPROVE TEN- YEAR CONCESSION AGREEMENTS FOR RETAIL AND
FOOD AND BEVERAGE SERVICES AT THE PALM SPRINGS
INTERNATIONAL AIRPORT
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4- 0 to:
1. Approve the award of Concession Agreement for Retail to The Marshall Retail Group, LLC for an initial ten-year term beginning December 12, 2022, through December 11, 2032, with one, five- year extension option to be issued upon mutual consent of the City and MRG.
2. Approve the award of a Concession Agreement for Food and Beverage to Paradies Lagardere @PSP, LLC for an initial ten-year term beginning December 12, 2022, through December 11, 2032, with one, five- year extension option to be issued upon mutual consentof the City and Paradies.
3. Authorize the Interim City Manager or designee to execute all necessary documents.
B. APPROVE AMENDMENT NO. 1 TO THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH ALOE PALM CANYON, L. P. FOR DEVELOPMENT AND
CONSTRUCTION OF THE ALOE PALM CANYON PROJECT LOCATED AT 1479 NORTH PALM CANYON DRIVE ( SOUTHWEST CORNER OF NORTH
PALM CANYON DRIVE AND WEST STEVENS ROAD), AND DISPOSITION OF CITY - OWNED PARCEL WITH ASSESSOR PARCEL NUMBER 505- 182- 010; AND APPROVE AMENDMENT NO. 1 TO THE PURCHASE AND SALE
AGREEMENT TO SELL SUCCESSOR AGENCY OWNED PROPERTY WITH
ASSESSOR PARCEL NUMBER 505- 182- 004 TO ALOE PALM CANYON, L. P.
FOR THE ALOE PALM CANYON PROJECT.
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MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY KORS, CARRIED 4- 0,
1. Find that the Project is exempt from the California Environmental Quality Act ( CEQA) pursuant to SenateBill 35 and asan affordable housing project that meetscriteria found in Sections 15192 and 15194 of the CEQA Guidelines.
2. Approve Amendment No. 1 to the Disposition and Development Agreement with Aloe Palm Canyon, L. P. to defer documentation for the remaining project financing until March 1, 2023 and allow the City to disbursepre -development loan funds to Aloe to pay for the Successor Agency parcel, which would allow for the transfer of City Owned parcel APN 505-182-010 by year-end.
3. Approve, Amendment No. 1 to the Purchase and Sale Agreement with Aloe Palm Canyon, L.P. to make minor changesconsistentwith the proposedAmendment No. 1to the DDA and allow the sale of Successor Agency parcel APN 505- 182-004 for the unchangedpurchaseprice of $900,000 by year-end.
4. Authorize the Interim City Manager or designee to execute all necessary documents to effectuate the Amendments and to make any additional changesto the Amendments, provided that such changes do not create a net gain in risk to the City or increase the City' s financial obligation, subject to the approval of the City Attorney.
C. APPROVE A RESOLUTION OF THE CITY OF PALM SPRINGS ADOPTING AN
INVENTORY REPORT OF EXCESS, EXEMPT, AND NON- EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTION 50569.
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4-0, to adopt a Resolution No. 25077 adopting the Inventory Report of the City of Palm Springs and SuccessorAgency to the Palm Springs Redevelopment Agency exempt and non- exempt surplus lands, and excess lands, pursuant to Government Code § 54221, and authorize staff to submit a report to the California State Department of Housing and Community Development pursuant to Government Code § 54230( a)( 1).
D. PROPSED ORDINANCES ADOPTING AND AMENDING THE 2022
CALIFORNIA BUILDING STANDARDS CODE ( TITLE 24 OF THE
CALIFORNIA CODE OF REGULATIONS), THE 2022 CALIFORNIA FIRE CODE, THE 2022 CALIFORNIA BUILDING CODE, THE 2022 CALIFORNIA RESIDENTIAL CODE, THE 2022 CALIFORNIA PLUMBING CODE, THE 2022 CALIFORNIA MECHANICAL CODE, THE 2022 CALIFORNIA ELECTRICAL CODE, THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, THE 2022 CALIFORNIA ENERGY CODE, THE 2022 CALIFORNIA EXISTING BUILDLING CODE, THE 2022 CALIFORNIA HISTORICAL BUILDLING CODE, AND ADOPTING AND AMENDING THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE.
MOTION BY MAYOR MIDDLETON, SECOND BY COUNCILMEMBER KORS, CARRIED 4- 0, to accept
1. Waive the first reading of the ordinance text in its entirety and introduce an Ordinance No. 2078 entitled, " AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING ARTICLE OF City of Palm Springs Page 8
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CHAPTER 8. 04 OF THE PALM SPRINGS MUNICIPAL CODE, ADOPTING BY
REFERENCE, TOGETHER WITH CERTAIN ADDITIONS, AMENDMENTS AND DELETIONS, THE 2022 CALIFORNIA BUILDING CODE, INCLUDING CHAPTER 1, APPENDICES C, I, AND J; THE 2022 CALIFORNIA RESIDENTIAL CODE, INCLUDING APPENDIX AH; THE 2022 CALIFORNIA MECHANICAL CODE; THE 2022 CALIFORNIA PLUMBING CODE, INCLUDING APPENDICES A, B, D, G, H, I AND K; THE 2022 CALIFORNIA EXISTING BUILDING CODE; THE 2022 CALIFORNIA HISTORICAL BUILDING CODE, INCLUDING APPENDIX A; THE 2022 CALIFORNIA ELECTRICAL CODE, INCLUDING ALL APPENDICES; THE 2022 CALIFORNIA ENERGY CODE, INCLUDING ALL APPENDICES; THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE; AND THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE, INCLUDING ALL APPENDICES;" and
2. Waive the first reading of the ordinancetext in its entirety and introduce an Ordinance No. 2079 entitled, " AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING ARTICLE I OF CHAPTER 8. 04 OF THE PALM SPRINGS MUNICIPAL CODE, ADOPTING BY
REFERENCE, TOGETHER WITH CERTAIN ADDITIONS, AMENDMENTS AND DELETIONS, THE 2022 CALIFORNIA FIRE CODE, INCLUDING CERTAIN APPENDICES."
E. REVIEW CITY COUNCIL OF DECISIONS OF CITY BOARDS/ COMMISSIONS,
AND OTHER OPTIONS FOR REVIEW AND CONSIDERATION OF MATTERS
BY CITY BOARDS AND COMMISSIONS
Discussion provided from City Council members to City Staff and City Attorney.
F. POTENTIAL CITY ACTION INCREASE THE DRIVERSITY OF CITY BOARDS, COMISSIONS, AND COMMITTEES.
Discussion provided from City Council membersto City Staff.
PUBLIC COMMENT:
Ken Hedrick, resident
Michael Joseph Pitkin, resident
Angie Lentz, resident
Brad Lundahl, resident
David Thompson, resident
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT
Interim City Manager Gallavan and the City Council discussed the tentative upcoming meeting schedule and agenda items.
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ADJOURNMENT:
The City Council adjourned on Thursday, December 5, 2022, at 8:41 PM.
Respectfully submitted,
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: 01/ 12/ 2023
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