Thursday, March 23, 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, March 23, 2023, at 5:30 p.m.
PLEDGE OF ALLEGIANCE:
SamanthaAlverdin, a 5-year-old in TK atCahuillaElementarySchool.
ROLL CALL:
Present: CouncilmembersChristyHolstege, RondeHarte, LisaMiddleton; Mayor ProTem JeffreyBernstein; andMayor GraceElenaGarner.
Absent: None.
City Staff
Present: ScottStiles, City Manager, JeremyHammond, DeputyCity Manager; Flinn Fagg, DeputyCity Manager, Jeff Ballinger, City Attorney; BrendaPree, City Clerk; and LieutenantHutchinson, werepresentat Roll Call. Otherstaff memberspresented reportsor respondedto questionsasindicatedin theminutes.
PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES:
UpdateonInfrastructureBridgesfor IndianCanyon
ACCEPTANCE OF THE AGENDA:
By consensus, theCity Councilagreedto accepttheagendawith item1K and1U beingpulledfor furtherdiscussion.
REPORT OF CLOSED SESSION:
TheRegularClosedSessionof theCity Councilof March23, 2023, wascalledto orderby Mayor Garnerat 4:00p.m.
Themeetingconvenedinto ClosedSessionto discussthefollowing itemsaslistedontheRegular ClosedSessionMeetingAgendawith no reportableaction.
EXISITING LITIGATION – Pursuantto GovernmentCodesection54956.9(d)(1):
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Committeeto RelocateMarilyn v. City of Palm Springs, PS Resorts, Riv. Sup. Ct., CaseNo.
CVRI2101435 (4th AppellateDistrict Division 2, CaseNo. E077773 & E076921; Transferredto 4th AppellateDistrict Division 1, CaseNo. D080907)
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
City Negotiators: ScottStiles, City Manager
JeremyHammond, DeputyCity Manager
StephanieGeorge, HR Director
PeterBrown, LegalCounsel
EmployeeOrganization: PalmSpringsPoliceOfficersAssociation (PSPOA) PalmSpringsPoliceManagementAssociation (PSPMA)
PublicEmployeesAssociationof PalmSprings (PEAPS)
ManagementAssociationof PalmSprings (MAPS)
PalmSpringsFirefightersAssociation (PSFA)
PalmSpringsFireManagement (PSFMA)
PUBLIC COMMENT:
RobertMcCann
DonBarrett
BruceJuenger
JoanTaylor
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to approvetheconsentcalendarwith 1K and1U pulledfor furtherdiscussion.
A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 By motion, find that: TheCity Councilhasreconsideredthe circumstancesof thestateof emergency. EventhoughtheStateandlocal declaredstates of emergencyhave ended, community spreadof COVID-19 continuesto exist, and City CouncilMinutes March23, 2023
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measuresto reducethe spread, including physicaldistancingmeasures, continueto be necessaryfor thepublic, health, safetyandwelfare; andStateandlocal officials continue to recommendsocialdistancingmeasures, whichcanimpacttheability of theCity andthe public to meetsafelyin person; andTheCity Council, andits subordinatebodies (Boards, Commissions, and Committees), shall be authorizedto conduct public meetingsin accordancewith GovernmentCodesection54953(e)(2) andotherapplicableprovisionsof theBrownAct for remoteonly or hybridteleconferencemeetings.
B. APPROVAL OF PAYROLL AND WARRANTS RESOLUTION:
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 4-0-1 (deHarteRECUSED) to approveResolution No. 25097 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTSFORTHE PERIODENDING 02-04-23AND 02-18-23TOTALING 4,039,924.79AND ACCOUNTSPAYABLE WARRANTSDATED 02-02-23AND 02- 16-23 TOTALING $ 7,028,544.68, IN THE AGGREGATE AMOUNT OF 11,068,469.47, DRAWN ON BANK OF AMERICA.”
C. APPROVAL OF MINUTES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to approvetheCity CouncilMeetingMinutesof March 9, 2023.
D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF FEBRUARY 1 THROUGH FEBRUARY 28, 2023
MOTION BY COUNCILMEMBER HOLSTEGE, SECONDBY MAYOR PROTEM BERNSTEIN, CARRIED 5-0 to receive and file the report of Staff Authorized Agreements (AttachmentA) and PurchaseOrders (AttachmentB) for the period of February1 throughFebruary28, 2023
E. SECOND READING AND ADOPTION OF ORDINANCE NO. 2082OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 5.77RELATING TO ADULT- ORIENTED BUSINESSES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to waivethefull readingof text in its entirety, readby title only, andconductsecondreading/adoptionof Ordinance No. 2082, “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-ORIENTEDBUSINESSREGULATIONS.
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F. ADOPTION OF THE 2023AUTOMATIC AID AGREEMENT AND OPERATING
PLAN BETWEEN THE PALM SPRINGSFIRE DEPARTMENT AND RIVERSIDE
COUNTY FIRE DEPARTMENT
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to approve the 2023 Automatic Aid Agreementand OperatingPlanbetweenthePalmSpringsFireDepartmentandtheRiversideCountyFire Department. AuthorizetheCity Managerto executetheagreement.
G. APPROVE SERVICE AGREEMENT NO. 23B043 WITH WGJ ENTERPRISES, INC., DBA PCI FOR AIRFIELD RUBBER AND PAINT REMOVAL AND PAINT
APPLICATION SERVICES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to approve Contract Services Agreement 23B043 AttachmentA) with WGJ Enterprises, Inc. dbaPCI to provideairfield rubberandpaint removalandpaintapplicationservicesin anamountnotto exceed $660,000, for theinitial three-year term beginningApril 1, 2023, throughMarch 31, 2026, with two one-year extensionoptionsattheCity’ssolediscretion; andappropriate $660,000from Airport Fund 415to theaccount4157030.40105budget; andauthorizetheCity Manageror designeeto executeall necessarydocuments.
H. APPROVE AMENDMENT NO. 1 TO COOPERATIVE PURCHASE AGREEMENT NO. A9276 WITH AIRWAVE COMMUNICATIONS ENTERPRISES INC. FOR
RADIO EQUIPMENT REPAIR, INSTALLATION, AND MAINTENANCE SERVICES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to approveAmendmentNo. 1 to CooperativePurchase AgreementA9276 (AttachmentA) with Airwave CommunicationsEnterprisesInc. to providetheold repeaterandnewrepeatermaintenanceservicesandany radiorepairand installationservicesfor all City Departmentsin an amountnot to exceed $300,000, and authorizetheCity Manageror designeeto executeall necessarydocuments.
I. APPROVE COOPERATIVE PURCHASE AGREEMENT NO. 23C029 WITH BRIGHTLY SOFTWARE, INC. FOR FACILITIY MANAGEMENT SOFTWARE IN AN AMOUNT NOT TO EXCEED $31,268.65
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to approve CooperativePurchaseAgreement23C029 AttachmentA) with Brightly Software, Inc., in an amountnot to exceed $31,268.65 beginningApril 1, 2023, continuingthroughMarch31, 2026. AuthorizetheCity Manager or designeeto executeall necessarydocuments.
J. AWARD A SERVICE AGREEMENT WITH INTERVISTAS CONSULTING USA,
LLC FOR FEDERAL INSPECTION SERVICES (FIS) FACILITY STUDY City CouncilMinutes March23, 2023
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MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to awarda one-yearserviceagreementwith InterVISTAS ConsultingUSA LLC for a two-phasedstudy for a FederalInspectionServices (FIS) Facility Study for an estimatedamount not to exceed $385,000 ( Attachment A); Appropriate $315,000from Airport Fund416to theaccount4167065-80000budget; and AuthorizetheCity Manageror designeeto executetheagreement.
K. APPROVE AGREEMENT NO. 23B046WITH DESERT FIRE EXTINGUISHER CO., INC. FOR FIRE SUPPRESSIONAND FIRE EXTINGUISHER MAINTENANCE,
TESTING, AND INSPECTION SERVICES
MOTION BY COUNCILMEMBER MIDDLETON, SECONDBY COUNCILMEMBER DEHARTE, CARRIED 4-0-1 ( Holstege RECUSED) to approve Contract Services Agreement23B046 (AttachmentA) with DesertFireExtinguisherCo., Inc., to providefire suppressionsystemandfire extinguishermaintenance, testing, andinspectionservicesfor anamountnotto exceed $300,000, beginningApril 1, 2023, throughMarch31, 2026, with two one-yearextensionoptionsat theCity’s solediscretion; AuthorizetheCity Manager or designeeto executeall necessarydocuments.
L. APPROVAL OF A FOUR-YEAR COMMUNITY WORKFORCE ADMINISTRATION SERVICES AGREEMENT WITH TSG ENTERPRISES, INC. DBA THE SOLIS GROUP, IN AN AMOUNT NOT TO EXCEED $200,000
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to approve a four-year service agreementwith TSG Enterprises, Inc. dba The Solis Group, for the administrationof the City’s Community WorkforceAgreementfor anestimatedamountnotto exceed $200,000. AuthorizetheCity Manageror designeeto executetheagreement.
M. AWARD OF A CONSTRUCTION CONTRACT TO SELECT ELECTRIC, INC., IN THE AMOUNT OF $3,485,843AND APPROVAL OF A PROFESSIONALSERVICES
AGREEMENT WITH KOA CORPORATION FOR CONSTRUCTION
MANAGEMENT, INSPECTION, AND MATERIALS TESTING SERVICESFOR THE HIGHWAY SAFETY IMPROVEMENT PROGRAM ( CYCLE 8), FEDERAL AID PROJECT NO. HSIPLN-5282(047), CITY PROJECT NO. 16-18
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to awarda constructioncontractto SelectElectric, Inc., a Californiacorporation, in theamountof $3,485,843for theHighwaySafetyImprovement Program (Cycle 8), FederalAid ProjectNo. HSIPLN-5282(047), City ProjectNo. 16-18 theProject); Delegateauthorityto theCity Manageror designeeto approveandexecute constructioncontractchangeordersupto atotalamountof $348,584 (10%) with all change ordersreportedto theCity Councilatprojectcompletion; ApproveaProfessionalServices Agreementwith KOA Corporation, aCaliforniacorporation, in theamountof $442,259.55 for constructionmanagement, inspectionandmaterialstestingservicesfor HighwaySafety City CouncilMinutes March23, 2023
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Improvement Project (Cycle 8), HSIPLN-5282(047), City Project No. 16-18; and, AuthorizetheCity Manageror designeeto executeall necessarydocuments.
N. A PPROVEEXPENDITURE OF PUBLIC ARTS FUNDSIN THE AMOUNT OF 1,000FOR OUTREACH AND EDUCATION SUPPLIESAND MATERIALS.
MOTION BY COUNCILMEMBER HOLSTEGE, SECONDBY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to approve $1,000 of Public Arts Funds to purchase materialsandsuppliesrelatedto public artscommunityoutreachandeducation.
O. APPROVE PUBLIC ART COMMUNITY GRANT IN THE AMOUNT OF $5,000FOR
THE RED DRAGON ART PIECE IN THE OLD LAS PALMAS NEIGHBORHOOD
MOTION BY COUNCILMEMBER HOLSTEGE, SECONDBY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to approvePublic Art CommunityGrant to the Old Las PalmasNeighborhoodOrganizationin theamountof $5,000for theRedDragonartwork by artistDelosVan Earl on theWestChinoDrive median, westof BelardoRoadandeast of NorthCahuillaRoad.
P. ACCEPTANCE OF PAVILION ACOUSTIC UPGRADES, CITY PROJECT 20-27
MOTION BY COUNCILMEMBER HOLSTEGE, SECONDBY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to acceptthe public works improvement, identified asthe subject project, as completedin accordancewith the plans and specifications; and, AuthorizetheCity Engineerto executeandfile for recordationwith theRiversideCounty Recordera Noticeof Completionfor thesubjectproject.
Q. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID THE SKYLIGHT RAILING PROJECT, CITY PROJECT NO. 18-20
MOTION BY COUNCILMEMBER HOLSTEGE, SECONDBY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to approvethe plans, specifications, and estimate; and authorizeStaff to advertiseandsolicit bids for the Skylight Railing Project, City Project No. 18-20 (“Project”).
R. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE AND
AUTHORIZATION TO BID WASTEWATER TREATMENT PLANT (WWTP)
SLUDGE DRYING BEDS, CITY PROJECT 21-05
MOTION BY COUNCILMEMBER HOLSTEGE, SECONDBY MAYOR PRO TEM BERNSTEIN, CARRIED5-0 to accepttheplans, specificationsandestimateandauthorize Staff to advertiseandsolicit bidsfor theWWTP SludgeDrying Beds, City Project21-05 theProject”).
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S. ACCEPTANCE OF THE TRAFFIC CALMING PROJECT FY21-22, CITY PROJECT 22-23
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED5-0 to acceptthepublicworksimprovementidentifiedasTraffic CalmingProjectFY21-22, City ProjectNo. 22-23, ascompletedin accordancewith the plans and specifications; and, authorize the City Engineer to executeand file for recordationwith the RiversideCountyRecordera Notice of Completionfor the Traffic CalmingProjectFY21-22, City ProjectNo. 22-23.
T. APPROVE EXPENDITURE OF PUBLIC ARTS FUNDSIN THE AMOUNT OF 6,500TO PAINT BENCHESAND TABLES AS PART OF THE WORLD ART NIGHT EVENT AT DEMUTH PARK; APPROVE ARTIST AGREEMENTS WITH FOUR ARTISTS; AND APPROVE AMENDMENT TO AGREEMENT WITH
TYSEN KNIGHT PRODUCTIONSFOR PUBLIC ART REPAIR AND
MAINTENANCE SERVICES.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to approveArtist Agreementwith Manny Doublin in the amountof $1,500. ApproveArtist Agreementwith DianeMorganin theamountof $1,500.
ApproveArtist Agreementwith JamieO'Neil in the amountof. $1,000. ApproveArtist Agreementwith IsidroZepedain theamountof $1,000. ApproveAmendmentNo. 4 to the Agreement with Tysen Knight Productions for Public Arts projects repairs and maintenanceservicesin theamountof $1,500for a totalamountof $21,500.
U. RESOLUTION DECLARING SUPPORTFOR THE PROPOSEDCHUCKWALLA
NATIONAL MONUMENT DESIGNATION AND EXPANSION OF JOSHUA TREE
NATIONAL PARK
MOTION BY MAYOR GARNER, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to approvea ResolutionNo. 25098entitled “A RESOLUTIONOF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING
ITS SUPPORT FOR DESIGNATION OF THE PROPOSED CHUCKWALLA
NATIONAL MONUMENT AND EXPANSION OF JOSHUA TREE NATIONAL PARK.” Will addin nameof CongressmanKen Calvert.
V. RATIFY THE NOMINATION OF THE CITY OF RANCHO MIRAGE TO THE
PALM SPRINGSINTERNATIONAL AIRPORT COMMISSION
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to appointKeith Young, representingthe City of Rancho Mirage, to thePalmSpringsInternationalAirport Commissioneffectiveimmediately, for theremainderof theterm, expiringJuly 1, 2024. ThomasWeil resignedfrom this termon December23, 2022. Keith Youngis finishing outtheremainderof theterm.
2. PUBLIC HEARINGS:
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A. 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 28TO 29UNITS 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) THIS ITEM IS REQUESTEDTO BE CONTINUEDTO A DATE UNCERTAIN. – therewill beanewPublicHearingNoticesentout with thatdateandinformation.
B. AN APPLICATION BY DAVID HOWARD AND AN LY FOR HISTORIC DESIGNATION OF “THE HUTCHENS RESIDENCE” LOCATED AT 1177EAST MESQUITE AVENUE, (APN #508-380-022), CASE HSPB #144
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, PASSED4-0-1 (Middleton RECUSED), to adoptResolution No. 25099,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING “THE HUTCHENS RESIDENCE” LOCATED 1177 EAST MESQUITE AVENUE, AS A CLASS 2 ( HISTORIC MERIT) HISTORIC RESOURCEHSPB #144, SUBJECTTO CONDITIONS (APN 508-380-022).” C. COMMUNITY DEVELOPMENT BLOCK GRANT ( CDBG) 2023–2024 ANNUAL
ACTION PLAN AND BUDGET PUBLIC HEARING
MOTION BY MAYOR PRO TEM BERNSTEIN, SECONDBY COUNCILMEMBER MIDDLETON PASSED5-0, to review the draft 2023-2024CDBG BudgetandAnnual Action Planandprovidedirectionto staff. Schedulea PublicHearingfor April 27, 2023, to approveandadoptthe2023-2024CDBGBudgetandAnnualAction Plan.
3. BUSINESS & LEGISLATIVE:
A. REQUEST TO APPROVE THE ENVIRONMENTALLY PREFERABLE
PURCHASING POLICY
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR GARNER, PASSED5-0, to approvethe EnvironmentallyPreferablePurchasingPolicy (EPPP) and incorporatethemasanattachmentto theCity’sProcurementandContractingPolicy (Title 7 of the City’s Municipal Code). CouncilmemberHolstegerequestedto add in more languageto the policy, adding pollinator plants to the landscapingsection and local preferencereportingto theprogramevaluation.
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PUBLIC COMMENT:
Eric ScottRomney
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT
City ManagerStilesandtheCity Councildiscussedthetentativeupcomingmeetingscheduleand agendaitems.
ADJOURNMENT:
TheCity Counciladjournedon Thursday, March9, 2023, at7:15 PM.
Respectfullysubmitted,
BrendaPree, MMC, CERA
City Clerk
APPROVEDBY CITY COUNCIL: 04/10/2023