Thursday, February 21, 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, February21, 2023, at 5:33 p.m.
PLEDGE OF ALLEGIANCE:
AshtonHarrisJr. He is 9 yearsold andin the3rd Gradeat CahuillaElementarySchool. Heis on theYuccaValley 3rd-4th gradeBasketballTeam, jiu jitsu, andtheroboticsclub. He enjoysart, hikes, andMinecraft.
ROLL CALL:
Present: CouncilmembersChristyHolstege, RondeHarte, LisaMiddleton; Mayor ProTem JeffreyBernstein; andMayor GraceElenaGarner.
Absent: None.
City Staff
Present: TeresaGallavan, InterimCity Manager, JeremyHammond, DeputyCity Manager; Flinn Fagg, DeputyCity Manager, RyanGuiboa, AssistantCity Attorney; Brenda Pree, City ClerkandBrentRasi, DeputyCity Clerk, werepresentatRoll Call. Other staffmemberspresentedreportsorrespondedtoquestionsasindicatedin theminutes.
PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES:
ChiefMills gaveanupdateonthehomelesssituationaroundRamonRd. andCrossleyRd.
ACCEPTANCE OF THE AGENDA:
By consensus, theCity Councilagreedto accepttheagendawith ConsentItem No’s 1Jremoved for furtherdiscussion.
REPORT OF CLOSED SESSION:
The RegularClosedSessionof the City Council of February21, 2023, wascalledto orderby Mayor Garnerat 3:32p.m.,
Themeetingconvenedinto ClosedSessionto discussthefollowing itemsaslistedontheRegular ClosedSessionMeetingAgendawith no reportableaction.
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EXISITING LITIGATION – Pursuantto GovernmentCodesection54956.9(d)(1):
City of PalmSpringsv. DesertCommunityCollegeDistrict, Riv. Sup. Ct., No. CVPS2203916 CONFERENCE WITH LEGAL COUNSEL – MATTERS CREATING SIGNIFICANT EXPOSURETO LITIGATION, Pursuantto GovernmentCodeSection54956.9(d)(2):
Four (4) 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 & Descendants.
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, thereisone (1) mattertheCity Councilhasdecided or maydecideto initiate litigation.
CONFERENCEWITH REAL PROPERTYNEGOTIATOR, Pursuantto GovernmentCode Section54956.8
PropertyDescription: APN #504-030-012, approx. 6.91 acreslocatedin Desert Palisades
City Negotiator: TeresaGallavan, InterimCity Manager; Flinn Fagg, Deputy City Manager
NegotiatingParties: PinnacleView, LLC
UnderNegotiation: PriceandTermsof transfer
Property: 119.4 acres of real property, located on the Northwest Cornerof IndianCanyonDr. andTramviewRd.
City Negotiator: TeresaGallavan, Interim City Manager
NegotiatingParties: Chief Planningand DevelopmentOfficer, Agua Caliente Bandof CahuillaIndians
UnderNegotiation: PriceandTermsof Payment (Lease)
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PUBLIC COMMENT:
MichaelHorne
EdMcBride
David Sidley
RebeccaOlarte
Purvi Doshi
ToddWebster
JenniferBroxmeyer
Eric Englund
MichaelHirschbein
RobertFeferman
JaneEnglund (wasnot in thezoomroom)
Don Cecil
NanciMorrison
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER HOLSTEGE, SECONDBY COUNCILMEMBER DEHARTE, CARRIED 5-0 to approvethe consentcalendarwith 1J beingremovedfor furtherdiscussion.
A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
MOTION BY COUNCILMEMBER HOLSTEGE, SECONDBY COUNCILMEMBER DEHARTE, CARRIED5-0, to find thattheCity Councilhasconsideredthecircumstances of the stateof emergencyduring a proclaimedstateof emergency, and stateor local officials haveimposedor recommendedmeasuresto promotesocialdistancing, andasa result, the PalmSpringsCity Council andall of PalmSpringsBoard, Commission, and Committeemeetingsmaybeheldby videoconference, in accordancewith AB 361.
B. APPROVAL OF MINUTES:
MOTION BY COUNCILMEMBER HOLSTEGE, SECONDBY COUNCILMEMBER DEHARTE, CARRIED 5-0, February09, 2023.
C. APPROVE COOPERATIVE PURCHASE AGREEMENT NO. A9374WITH AIRWAVE COMMUNICATIONS ENTERPRISES INC., FOR FIRE
DEPARTMENT RADIOS AND INSTALLATION SERVICES
MOTION BY COUNCILMEMBER HOLSTEGE, SECONDBY COUNCILMEMBER DEHARTE, CARRIED 5-0 to approveCooperativePurchaseAgreementNo. A9374with Airwave CommunicationsEnterprisesInc., to provide PSEC compatible radios and City CouncilMinutes February21, 2023
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installationservicesfor the City of Palm SpringsFire Departmentin an amountnot to exceed $149,926.59.
D. APPROVE THE PURCHASE OF NEXT-GENERATION FIREWALLS WITH FIVE
YEARS OF SUBSCRIPTIONSAND SUPPORT
MOTION BY COUNCILMEMBER HOLSTEGE, SECONDBY COUNCILMEMBER DEHARTE, CARRIED5-0 to approvethepurchaseof next-generationfirewallswith five yearsof subscriptionsandsupportfrom VectorUSA for $248,087basedonacooperative contract.
E. ACCEPT A GRANT AWARD FROM THE CALIFORNIA STATE LIBRARY IN THE AMOUNT OF $99,581AND APPROVE THE PURCHASE OF NETWORKING EQUIPMENT FROM AMS.NET IN THE AMOUNT OF $87,198
MOTION BY COUNCILMEMBER HOLSTEGE, SECONDBY COUNCILMEMBER DEHARTE, CARRIED 5-0 to accepta grantawardfrom the California StateLibrary in the amountof $99,581 andappropriateto InformationTechnologyDepartmentAccount 1001025-40105. Approve the purchaseof networking equipmentfrom AMS.Net for 87,198throughacooperativecontract.
F. APPROVAL OF PLANS, SPECIFICATIONS, ESTIMATE, AND
AUTHORIZATION TO BID ARNICO PHASE 4 SEWER IMPROVEMENTS, CITY PROJECT 21-17.
MOTION BY COUNCILMEMBER HOLSTEGE, SECONDBY COUNCILMEMBER DEHARTE, CARRIED 5-0 to acceptthe plans, specifications, estimate, and authorize Staffto advertiseandsolicit bidsfor theArnico Phase4 SewerImprovements, City Project 21-17.
G. AWARD A CONSTRUCTION CONTRACT TO STEVE P. RADOS, INC. IN THE AMOUNT OF $ 40,253,919.80, APPROVAL OF A PROFESSIONAL SERVICES
AGREEMENT WITH HARRIS AND ASSOCIATES IN AN AMOUNT NOT TO EXCEED $ 4,126,517.54 FOR CONSTRUCTION MANAGEMENT AND
INSPECTION SERVICES, AND APPROVAL OF AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT NO. 7228 WITH DOKKEN
ENGINEERING IN AN AMOUNT NOT TO EXCEED $83,630FOR ADDITIONAL
GEOTECHNICAL SERVICES FOR THE INDIAN CANYON DRIVE WIDENING, FEDERAL AID PROJECT NO. BRLO-5282(017), CITY PROJECT NO. 01-11
MOTION BY COUNCILMEMBER HOLSTEGE, SECONDBY COUNCILMEMBER DEHARTE, CARRIED 5-0 to award a constructioncontractto SteveP. Rados, Inc., Rados) in theamountof $40,253,919.80 for theIndianCanyonDrive WideningProject, FederalAid ProjectNo. BRLO-5282(017), City ProjectNo. 01-11. Delegateauthorityto theCity Manageror designeeto approveandexecuteconstructioncontractchangeorders City CouncilMinutes February21, 2023
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up to a total amountof $4,025,392 (10%), with all changeordersreportedto the City Council. Approvea ProfessionalServicesAgreementwith Harris & Associates (Harris), in anamountnot to exceed $4,126,517.54, for constructionmanagement, inspection, and materialstestingservicesfor IndianCanyonDrive WideningProject, FederalAid Project No. BRLO-5282(017), City ProjectNo. 01-11. ApproveAmendmentNo. 3, in theamount of $83,630, to ProfessionalServicesAgreementNo. 7228, for anewnot-to-exceedamount of $305,386.75 with DokkenEngineering (Dokken) for Indian CanyonDrive Widening Project, FederalAid ProjectNo. BRLO-5282(017), City ProjectNo. 01-11. Authorizethe City Managerto executeall necessarydocuments.
H. APPROVE USE OF PUBLIC ART FUNDS IN THE AMOUNT OF $3,000FOR THE
SUNUPROTARY CHALK ART FESTIVAL
MOTION BY COUNCILMEMBER HOLSTEGE, SECONDBY COUNCILMEMBER DEHARTE, CARRIED 5-0 to approveuseof PublicArt Fundsin theamountof $3,000 for theSunupRotaryChalkArt Festival.
I. APPROVAL OF PLANS, SPECIFICATIONS, ESTIMATE, AND AUTHORIZATION
TO BID WASTEWATER TREATMENT PLANT (WWTP) SLUDGE DRYING BEDS, CITY PROJECT21-05
MOTION BY COUNCILMEMBER HOLSTEGE, SECONDBY COUNCILMEMBER DEHARTE, CARRIED 5-0 to acceptthe plans, specifications, estimate, and authorize Staff to advertiseandsolicit bidsfor theWWTPSludgeDrying Beds, City Project21-05.
J. SECONDREADING AND ADOPTION OF ORDINANCE NO. 2082OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGSMUNICIPAL CODE SECTION5.77RELATING TO ADULT-ORIENTED BUSINESSES
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to waive thesecondreadingof text in its entirety, readby title only, andadoptOrdinanceNo. 2082, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER5.77 OF
THE PALM SPRINGS MUNICIPAL CODE RELATING TO ADULT-ORIENTED BUSINESSREGULATIONS.”
K. APPROVAL OF AMENDMENT NO. 4 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2022-23
MOTION BY COUNCILMEMBER HOLSTEGE, SECONDBY COUNCILMEMBER DEHARTE, CARRIED 5-0 to adopta ResolutionNo. 25090entitled, “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 4 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2022- 2023, ADOPTED BY RESOLUTIONNO. 25033.”
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L. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF JANUARY 1 THROUGH JANUARY 31, 2023.
MOTION BY COUNCILMEMBER HOLSTEGE, SECONDBY COUNCILMEMBER DEHARTE, CARRIED5-0 to receiveandfile thereportfor StaffAuthorizedAgreements andPurchaseOrdersfor theperiodOf January1 ThroughJanuary31, 2023.
M. APPROVE AN APPROPRIATION OF $ 392,000 FROM THE GENERAL FUND
BALANCE TO THE BUILDING & SAFETY DEPARTMENT FOR
CONTRACTUAL SERVICES
MOTION BY COUNCILMEMBER HOLSTEGE, SECONDBY COUNCILMEMBER DEHARTE, CARRIED 5-0 to approvean appropriationof $392,000 from the General FundBalanceto theBuilding & SafetyDepartmentfor contractualservices.
2. PUBLIC HEARINGS:
A. AN APPLICATION BY THE VILLA ROMA HOMEOWNERS ASSOCIATION FOR HISTORIC DISTRICT DESIGNATION OF “THE VILLA ROMA GARDEN HOMES” LOCATED AT 2500SOUTH SIERRA MADRE DRIVE, (MASTER APN #512-120-070), CASE HSPB #140
Public Speakersfor Public Hearing – Philip Parks, JohnKlingenmeier, PeterMoruzzi, Lisa Vicino, Ron Marshall, Kyle Gunderson, PamelaHannah, SteveVaught, Ash Lettow, MeaghanGaffney-Howe, andSharonSiegel.
MOTION BY COUNCILMEMBER HOLSTEGE, SECONDBY COUNCILMEMBER MIDDLETON, PASSED3-2 (DEHARTE AND GARNER) to adopta ResolutionNo. 25091entitled, “A RESOLUTIONOF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, DESIGNATING THE VILLA ROMA GARDEN HOMES LOCATED AT 2500SOUTH SIERRA MADRE DRIVE AS A HISTORIC DISTRICT HD-9” / CASE HSPB 140 SUBJECTTO CONDITIONS (MASTER APN 512-120- 070).”
B. DTPS B-3 LLC REQUEST FOR EXTENSION OF TIME FOR A TENTATIVE
TRACT MAP APPROVAL ASSOCIATED WITH THE CONSTRUCTION OF A SIX STORY, 73,300- SQUARE FOOT MIXED USE BUILDING ( MULTI- FAMILY RESIDENTIAL CONDOMINIUMS AND COMMERCIAL) WITH 45
FOR-SALE RESIDENTIAL UNITS AND GROUND FLOOR COMMERCIAL
LOCATED ON BLOCK “B” OF THE DOWNTOWN PALM SPRINGSSPECIFIC PLAN AT 200NORTH BELARDO ROAD, ZONE CBD (CASE NO. TTM 37935 EOT)
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MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, PASSED4-0-1 (BERNSTEINRECUSED) to adoptaResolutionNo. 25092 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVINGA one-yearEXTENSIONOFTIME FORCASE NO. TTM 37935; A tentative tract map for a one-lot subdivision for condominium purposes (45 RESIDENTIAL UNITS) ON BLOCK B OF THE DOWNTOWN PALM
SPRINGS SPECIFIC PLAN LOCATED AT THE NORTHEAST CORNER OF BELARDO ROAD AND MUSEUMWAY.”
C. CONDUCT A PUBLIC HEARING UNDER SECTION 53083OF THE
CALIFORNIA GOVERNMENT CODE TO APPROVE A HOTEL OPERATIONS
COVENANT BETWEEN THE CITY OF PALM SPRINGSAND BELL LOFTS,
LLC, A CALIFORNIA LIMITED COMPANY (DBA DESCANSORESORT)
PURSUANT TO THE CITY' SHOTEL OPERATIONS INCENTIVE PROGRAM
MOTION BY MAYOR PROTEM BERNSTEIN, SECONDBY COUNCILMEMBER DEHARTE, PASSED5-0 to approvea Hotel OperationsCovenantAgreementwith Bell Lofts, LLC for theDescansoResortlocatedat288EastCaminoMonteVista.
RECESSFROM 7:16PM TO 7:25PM***
3. BUSINESS & LEGISLATIVE:
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, TERMINATING THE LOCAL COVID- 19 EMERGENCY,
EFFECTIVE FEBRUARY 28, 2023; DIRECTION REGARDING THIRD- PARTY
FOOD DELIVERY FEES AND TELECONFERENCING
MOTION BY MAYOR GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0 to adopta Resolution No. 25093entitled, “A RESOLUTIONOF THE
CITY COUNCIL OFTHE CITY OFPALM SPRINGS, CALIFORNIA, PROCLAIMING
THE TERMINATION OF THE EXISTENCEOF A LOCAL EMERGENCY (NOVEL CORONAVIRUS “COVID-19”) DECLARED MARCH 14, 2020; AND RESCINDING RESOLUTIONNO. 24738.”, Continuewith AB361. Comebackwith anOrdinancein 90 daysfrom theCity Attorney. City attorney’s office to keepthemupdated.
B. COMMUNITY DEVELOPMENT BLOCK GRANT ( CDBG) 2023–2024 ANNUAL
ACTION PLAN AND BUDGET DISCUSSION
City Councilprovidedstaffwith recommendationsfor theCDBGAnnualAction Planand Budgetfor 2023-2024fiscal year.
C. APPROVAL OF SCOPE OF WORK AND AUTHORIZE REQUEST FOR
QUALIFICATIONS ( RFQ) FOR ARCHITECTURE AND DESIGN SERVICES FOR City CouncilMinutes February21, 2023
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THE PALM SPRINGSPUBLIC LIBRARY RENOVATION, CITY PROJECTS16-08 AND 19-18
MOTION BY MAYOR GARNER, SECONDBY MAYOR PRO TEM BERNSTEIN, PASSED5-0; for staff to approvetheadditionalunfundedScopeof Work to beincluded in theRFQandauthorizeStaffto advertiseandsolicit throughanRFQprocessfor thePalm SpringsPublicLibrary renovationproject, City Projects16-08and19-18.
D. GENERAL FUND, CAPITAL, AND AIRPORT MID- YEAR FISCAL YEAR 2022-23
BUDGET UPDATE
Budgetupdatewasgivenby KristopherMooney, AssistantDirectorof Finance; Joel Montalvo, City Engineer; andVictoria Carpenter, Airport AdministrationManager. Item wasreceivedandfiled by City Council.
E. DISCUSSION REGARDING REGULATORY APPROACH TO MANAGED CO-
OWNED PROPERTIES (PACASO)
DiscussionamongstCouncil andCity Attorney in regardto the rulesandregulationsof thispotentialCo-Ownedproperty. Therepresentativefrom PACASOwasalsopresentand answeredquestionsfrom City Council Members. Staff was given recommendationsby City Councilandadvisedto bringthis itembackata laterdate.
PUBLIC COMMENT: None.
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT
Interim City ManagerGallavanandthe City Council discussedthe tentativeupcomingmeeting scheduleandagendaitems.
ADJOURNMENT:
TheCity CounciladjournedonThursday, February21, 2023, at 10:12PM.
Respectfullysubmitted,
BrendaPree, MMC, CERA
City Clerk
APPROVEDBY CITY COUNCIL: 03/09/2023