Thursday, January 26, 2023
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
Pursuantto AssemblyBill 361this meetingwasconductedin partby teleconference.
CALL TO ORDER:
A RegularMeeting of the PalmSpringsCity Council wascalledto orderby Mayor Garneron Thursday, January26, 2023, at 5:34 p.m.
PLEDGE OF ALLEGIANCE:
ZoeGrayFreshmanat PalmSpringsHigh Schoolsheis amemberof thePalmSpringsHigh Sprit of theSandsBandandVisualChoir anda memberof Girl Scoutsof SanGorgonioTroop 2517.
ROLL CALL:
Present: CouncilmembersChristyHolstege, RondeHarte, LisaMiddleton; Mayor ProTem JeffreyBernstein; andMayor GraceElenaGarner.
Absent: None.
City Staff
Present: TeresaGallavan, InterimCity Manager, JeremyHammond, DeputyCity Manager; FlinnFagg, DeputyCityManager, JeffreyBallinger, CityAttorney; BrendaPree, City Clerk and Brent Rasi, DeputyCity Clerk, werepresentat Roll Call. Otherstaff memberspresentedreportsor respondedto questionsasindicatedin theminutes.
PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES:
None.
ACCEPTANCE OF THE AGENDA:
By consensus, theCity Councilagreedto accepttheagendawith ConsentItemNo’s 1M removed for separatediscussion.
REPORT OF CLOSED SESSION:
TheRegularClosedSessionof theCity Councilof January26, 2023wascalledto orderby Mayor Garnerat 3:39 p.m., with four memberspresentandCouncilmemberMiddleton to join shortly afterit started.
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Themeetingconvenedinto ClosedSessionto discussthefollowing itemsaslistedontheRegular ClosedSessionMeetingAgendawith no reportableaction.
CONFERENCE WITH LEGAL COUNSEL – MATTERS CREATING SIGNIFICANT EXPOSURETO LITIGATION, Pursuantto GovernmentCodeSection54956.9(d)(2):
Three (3) mattersthat, in theopinionof theCity councilontheadviceof theCity Attorney, basedon existingfactsandcircumstance, thereis significantexposureto litigation against theCity.
Claim No. 22-0903, datedApril 27, 2022, filed by Law Offices of Monrow Mabonand BarryJ. Bennett, on behalfof PearlDevers, Survivors & Descendantsof Section14.
Claim No. 22-0960, datedNovember29, 2022, filed by Areva Martin, Esq., Martin & Martin, LLP PearlDevers & Section14 SurvivorsandDescendants.
CONFERENCEWITH LEGAL COUNSEL – DISCUSSIONTO CONSIDERINITIATION OF LITIGATION, Pursuantto GovernmentCodeSection54956.9(d)(4):
Underexistingfactsandcircumstances, therearethree (3) mattersthe City Council has decidedor maydecideto initiate litigation.
CONFERENCEWITH REAL PROPERTYNEGOTIATOR, Pursuantto GovernmentCode Section54956.8
PropertyDescription: 3589McCarthy Rd. Palm Springs, CA. 92596 (APN: 669- 420-019)
PalmSprings, CA
City Negotiator: TeresaGallavan, InterimCity Manager
NegotiatingParties: Countyof RiversideHousingandWorkforceSolutions UnderNegotiation: PriceandTermsfor RealPropertyCovenants CONFERENCEWITH REAL LABOR NEGOTIATOR, Pursuantto GovernmentCodeSection 54957.6
City Negotiators: TeresaGallavan, Interim City Manager JeremyHammond, DeputyCity Manager
StephanieGeorge, HR Director
PeterBrown, LegalCounsel
EmployeeOrganization: PalmSpringsPoliceOfficersAssociation (PSPOA) PalmSpringsPoliceManagementAssociation (PSPMA)
PublicEmployeesAssociationof PalmSprings (PEAPS)
ManagementAssociationof PalmSprings (MAPS)
PalmSpringsFirefighterAssociation (PSFA)
PalmSpringsFireManagement (PSFMA)
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PUBLIC COMMENT:
MichaelJosephPitkin
JeffHocker
JessicaSpry
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0 to approvetheconsentcalendarwith abstentionon 1B for Bernstein, andpull for separatediscussion1M.
A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to find that the City Council has consideredthe circumstancesof thestateof emergencyduringa proclaimedstateof emergency, andstate or local officials haveimposedor recommendedmeasuresto promotesocialdistancing, andasaresult, thePalmSpringsCity Councilandall of PalmSpringsBoard, Commission, andCommitteemeetingsmaybeheldby videoconference, in accordancewith AB 361.
B. APPROVAL OF MINUTES:
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 4-0-1 (Bernstein, Jeffrey) to approvetheCity CouncilMeeting Minutesof December12, December15, 2022, andJanuary7, January12, andJanuary13, 2023.
C. APPROVAL OF PAYROLL WARRANTS, CLAIMS, AND DEMANDS
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED5-0 toadoptResolutionNo. 25083entitled, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVINGPAYMENT OFPAYROLL WARRANTS/ DISBURSEMENTSFORTHE PERIOD ENDING 12-10-22 AND 12-24-22 TOTALING $ 4,400,085.74 AND ACCOUNTS PAYABLE WARRANTS DATED 12-08-22AND 12-22-22 TOTALING 6,801,888.83, IN THE AGGREGATE AMOUNT OF $11,201,974.57, DRAWN ON BANK OFAMERICA"
D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF DECEMBER 1 THROUGH DECEMBER 31, 2022
MOTION BY COUNCILMEMBER DEHARTE, SECONDBY COUNCILMEMBER MIDDLETON, CARRIED 5-0 to receive and file the report of Staff Authorized Agreementsandpurchaseorders.
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E. APPROVE ROSTER OF CITY COUNCIL SUBCOMMITTEES AND
REPRESENTATIVES TO EXTERNAL ORGANIZATIONS
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0 to approverosterof theCity CouncilSubcommitteeswith changesaddressedat theDiasandapproveCity Clerk to prepareandexecuteFPPCForm 806for PublicOfficial Appointments.
F. APPROVAL OF SISTER CITY PROGRAM AGREEMENT
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0 to approvethe Sister Cities InternationalPartnership Agreementbetweenthe cities of Palm Springs, CA, U.S., andSanMiguel de Allende, Guanajuato, Mexico
G. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9068 WITH M. BREY ELECTRIC, INC. FOR ELECTRICAL MAINTENANCE AND INSTALLATION SERVICES AND APPROPRIATE $ 50,000 FROM THE GENERAL FUND
BALANCE
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0 to approveAmendmentNo. 1 to AgreementNo. A9068 with M. Brey Electric, Inc., to provideelectricalmaintenanceandinstallationservicesin an additional amount of $150,000 for a total revised contract amount not to exceed 750,000throughApril 10, 2025.And Appropriate $50,000from GeneralFundBalanceto theFacilitiesMaintenanceFundfor this purchaseandauthorizetheInterim City Manager or designeeto executeall necessarydocuments.
H. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9071 WITH KINCAID INDUSTRIES, INC. FOR PLUMBING MAINTENANCE AND INSTALLATION SERVICESAND APPROPRIATE $100,000FROM GENERAL FUND BALANCE
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0 to approveAmendmentNo. 1 to AgreementNo. A9071 with Kincaid Industries, Inc., toprovideplumbingmaintenanceandinstallationservicesin an additional amountof $ 300,000 for a total revisedcontract amountnot to exceed 600,000throughApril 10, 2025. Appropriate $100,000from GeneralFundBalanceto the FacilitiesMaintenanceFundfor this purchaseandauthorizethe Interim City Manageror designeeto executeall necessarydocuments.
I. APPROVAL OF CONTRACT SERVICES AGREEMENT NO. A9338 WITH DATA TICKET, INC. TO PROVIDE PARKING CITATION MANAGEMENT SERVICES
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0 to; approvecontractservicesagreementNo. A9338 with DataTicket, Inc. to provideparkingcitation processingandmanagementservicesin an City CouncilMinutes January26, 2023
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estimatedamountof $20,861.80 annuallyfor a periodof five years. AuthorizetheInterim City Managerto executeall necessarydocuments.
J. AWARD CONTRACT SERVICES AGREEMENT NO. A9391 WITH MEAD & HUNT, INC. FOR PROFESSIONAL CONSULTING SERVICES FOR THE PALM
SPRINGSINTERNATIONAL AIRPORT COMPREHENSIVE AIRPORT MASTER PLAN
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0 to; approvecontractservicesagreementNo. 9391 with Mead & Hunt, Inc. to provideacomprehensiveAirport MasterPlanin 30 monthsin an amountnot to exceed $2,275,816. Appropriatefundsin the amountof $2,275,816 from Airport Capital Project FundBalancein Fiscal Year2023. Authorize the Interim City Manageror designeeto executeall necessarydocument.
K. APPROVE CONTRACT SERVICES AGREEMENT NO. 23B002 WITH WASTE EQUIPMENT SALES & SERVICE, INC., DBA WESSCO, FOR TWO TRASH
COMPACTORS FOR PALM SPRINGSINTERNATIONAL AIRPORT
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED5-0 to approvecontractservicesagreement23B002with Waste EquipmentSales & Service, Inc. dbaWesscoto providetwo newroll-off trashcompactors at the Palm Springs InternationalAirport in an amount not to exceed $123,451.41.
Appropriate $23,451.41 from Airport Fund 416 SpecialCapital ProjectFundBalance.
AuthorizetheInterimCity Manageror designeeto executeall necessarydocuments.
L. AUTHORIZE WAIVER OF CITY FEES TO HOCKER PRODUCTIONS FOR THE 2023PALM SPRINGSHEALTH RUN & WELLNESS FESTIVAL AT RUTH HARDY PARK
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0 to authorizeawaiverof City feesto HockerProductionsin the amountof $5,705 for supportof the 2023 Palm SpringsHealth Run & Wellness Festival. AuthorizetheInterim City Managerto executeall necessarydocuments.
M. APPROVE APPROPRIATION OF $405,000 FROM GENERAL FUND BALANCE
TO CODE COMPLIANCE DEPARTMENT FOR ABATEMENT SERVICES
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0 to approveappropriationof $405,000 from GeneralFund Balanceto theCodeComplianceDepartmentfor abatementserviceswith stipulationthat all unusedfundsarereturnedto theGeneralFund.
N. APPROVE AGREEMENT NO. 23B003WITH MOORE FENCE COMPANY, INC.
FOR ON- CALL FENCE REPAIR AND INSTALLATION SERVICES
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MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0 to; approvecontractservicesagreementNo. 23B003with MooreFenceCompany, Inc. toprovideon-call fencerepairandinstallationservicesfor an amountnot to exceed $300,000 beginningFebruary1, 2023, throughJanuary31, 2026, with two one-yearextensionoptionsat the City’s solediscretion. Authorizethe Interim City Manageror designeeto executeall necessarydocuments.
2. PUBLIC HEARINGS:
A. APPEAL BY 12 @ LAS PALMAS, LLC OF THE DECISION OF THE PLANNING
COMMISSION TO CONDITIONALLY APPROVE A CONDITIONAL USE
PERMIT, MAJOR DEVELOPMENT PERMIT AND TENTATIVE TRACT MAP TO CONSTRUCT A 12-UNIT MULTIPLE- FAMILY RESIDENTIAL DEVELOPMENT CONSISTING OF FOR-SALE CONDOMINIUMS ON A 0.95-ACRE SITE LOCATED AT 1424CAMINO NORTE (CASE NOS. 3.4289MAJ/DP, 5.1554CUP & TTM 38416)
Public Speakersfor Public Hearing - DennisCunningham, Appellant, ErnestVincent, Appellant, andGarthGilpin
MOTION BY COUNCIL MEMBER MIDDLETON, SECONDBY COUNCILMEMBER DEHARTE, FAILED 2-3 to upholdthePlanningCommissionsoriginaldecision.
3. BUSINESS & LEGISLATIVE:
A. APPROVAL OF CITY MANAGER EMPLOYMENT AGREEMENT WITH SCOTT
STILES, ICMA- CM, AND VERBAL REPORT REGARDING COMPENSATION TERMS.
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED5-0 to approveEmploymentAgreementAppointingScottStiles asCity Manager, effectiveMarch6, 2023, andSettingCompensationandOtherTermsof Employment.
B. A REQUEST BY THE CITY OF PALM SPRINGS FOR ADOPTION OF AN URGENCY ORDINANCE TO IMPLEMENT SENATE BILL 897REQUIREMENTS FOR ACCESSORY DWELLING UNITS, CASE 5.1569 ZTA ( 4/5ths VOTE
REQUIRED)
MOTION BY COUNCILMEMBER MIDDLETON, SECONDBY MAYOR PROTEM BERNSTEIN, CARRIED 5-0 to adoptan urgencyOrdinance No. 2080 entitled, "AN
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION93.23.14 OF THE CITY OF PALM
SPRINGSMUNICIPAL CODE RELATING TO ACCESSORYDWELLING UNITS
AND JUNIOR ACCESSORY DWELLING UNITS, AND DETERMINING THE ORDINANCE TO BE EXEMPTFROMCEQA.”
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C. INTRODUCTION OF AN ORDINANCE, ENTITLED “ AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 16.04 OF THE PALM SPRINGS MUNICIPAL CODE ENTITLED GENERAL RULES AND REGULATIONS” AND SECTION 11.08.080, RELATING
TO TRESPASSON RESIDENTIAL AND PUBLIC
MOTION BY COUNCILMEMBER DEHARTE SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to introduceon first readinganOrdinance No. 2081entitled,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 16.04 OF THE PALM SPRINGSMUNICIPAL CODE ENTITLED “ GENERAL RULES AND REGULATIONS” AND SECTION
11.08.080, RELATING TO TRESPASSONRESIDENTIAL AND PUBLIC PROPERTY D. DISCUSSION ON DISPOSITION OF DESERT HIGHLAND GATEWAY ESTATES
SINGLE- FAMILY RESIDENTIAL LOTS
Providedstaffdirectiononissuanceof a Requestfor Proposalsto disposeof threesingle- family lots in theDesertHighlandsGatewayEstatesCommunity.
E. PROPOSED UPDATE OF PALM SPRINGS MUNICIPAL CODE CHAPTER 5.77
PERTAINING TO ADULT- ORIENTED BUSINESSES AND AN UPDATE TO CHAPTER 11.10 PERTAINING TO PUBLIC NUDITY
MOTION BY COUNCILMEMBER DEHARTE SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to introduceonfirst readinganOrdinance No. 2082entitled,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMS SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.77 OF THE PALM SPRINGSMUNICIPAL CODERELATING TO ADULT- ORIENTEDBUSINESSREGULATIONS.”
PUBLIC COMMENT:
MichaelJosephPitkin, resident
AmadoC. SalinasII, AmericanLegion
DeborahMcGarrey, Resident
StevenStrickberger, Resident
LonnieLanders, Resident
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT
Interim City ManagerGallavanandthe City Council discussedthe tentativeupcomingmeeting scheduleandagendaitems.
ADJOURNMENT:
TheCity CounciladjournedonThursday, January26, 2023, at9:28 PM.
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Respectfullysubmitted,
BrendaPree, MMC, CERA
City Clerk
APPROVEDBY CITY COUNCIL: 02/09/2023