Monday, April 10, 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 Monday, April 10, 2023, at 5:31 p.m.
PLEDGE OF ALLEGIANCE:
ValentinaDolores, 5-year-old in TK at VistaDel MonteSchool. Sheis a socialbutterfly, unofficial PalmSpringsPrincess. Sheenjoysgolf, swim, cooking, dancingandher3 dogs. She lovesspendingtime with herfamily, especiallyat Disneyland.
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; andBrendaPree, City Clerk; werepresentat Roll Call. Otherstaff memberspresentedreportsor respondedto questionsasindicatedin theminutes.
PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES:
85thBirthdayCelebrationof theCity of PalmSprings; City Manager, ScottStiles, SamHollenbeck CEO for Martha’s Village, Chief Mills, GregRodriguezfrom the Countyof Riversideall gave updateson Homelessnessin PalmSprings. RosaVerduzco, ExecutiveVice Presidentfor Martha’s Village; JonathanEspy, Co-Chairmanof theBoardfor Martha’sVillage; andSamHollenbeckCEO for Martha’sVillage, answeredquestionsfromCouncilmembersregardingtheNavigationCenter.
ACCEPTANCE OF THE AGENDA:
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to accepttheagendawith item1M and1N beingpulledfor further discussion.
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REPORT OF CLOSED SESSION:
TheRegularClosedSessionof theCity Councilof April 10, 2023, wascalledto orderby Mayor Garnerat 3:30p.m.
Themeetingconvenedinto ClosedSessionto discussthefollowing itemsaslistedontheRegular ClosedSessionMeeting Agenda. City Councilmembersvoted5-0 to join the settlementin the OpiateLitigation Casewhich it is in thesecondphase – TheCity will bereceivingfundsoncethe settlementis finalizedby theotherparties – nootherreportableaction.
EXISITING LITIGATION – Pursuantto GovernmentCodesection54956.9(d)(1):
In re: NationalPrescriptionOpiateLitigation, CaseNo.: U.S.D.C. CaseNo. 1:17-CV-2804 (U.S.
Dist. Ct., NorthernDistrict of Ohio)
ChristopherJaeger, Workers’ Comp. CaseNos. ADJ16353291; ADJ2982858; ADJ16402690; ADJ16353290
AmandaEnriquez, Workers’ Comp. CaseNos. ADJ14625602; ADJ14625577; ADJ15594006; ADJ15986443
CONFERENCEWITH LEGAL COUNSEL – SIGNIFICANT EXPOSURETO LITIGATION, Pursuantto GovernmentCodeSection54956.9(d)(2):
Underexisting facts and circumstances, thereis one (1), Claim by SouthernCalifornia Edison, DatedJuly 5, 2022 (KennanClaim No. 609334)
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
Property: SerenaPark, approx. 155acreslocatedat N. Whitewater Club Dr., PalmSprings
City Negotiators: ScottStiles, City Manager
NegotiatingParties: PSCountryClub, LLC
UnderNegotiation: Priceandtermsof payment
Property: PalmSpringsAirport Property
City Negotiator: ScottStiles, City Manager; HarryBarrettJr., A.A.E.
ExecutiveDirectorof Aviation
NegotiatingParties: Air Canada, American, Alaska, Delta, Southwest, United, WestJet
UnderNegotiation: Priceandtermsof payment
PUBLIC COMMENT:
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MichaelJosephPitkin
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to approvetheconsentcalendarwith 1M and1N pulledfor furtherdiscussion.
A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED5-0 By motion, find that: TheCity Councilhasreconsideredthe circumstancesof thestateof emergency. EventhoughtheStateandlocal declaredstates of emergencyhave ended, community spreadof COVID-19 continuesto exist, and measuresto reducethe spread, including physicaldistancingmeasures, continueto be necessaryfor thepublic, health, safetyandwelfare; andStateandlocal officials continue to recommendsocialdistancingmeasures, which canimpacttheability of theCity andthe publicto meetsafelyin person; andTheCity Council, andits subordinatebodies (Boards, Commissions, and Committees), shall be authorizedto conduct public meetingsin accordancewith GovernmentCodesection54953(e)(2) andotherapplicableprovisionsof theBrown Act for remoteonly or hybridteleconferencemeetings.
B. APPROVAL OF MINUTES
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to approvetheCity CouncilMeetingMinutesof March23, 2023.
C. APPROVE CONTRACT SERVICE AGREEMENT NO. 23S057 WITH SOUTH
COAST, LLC DBA SOUTH COAST EMERGENCY VEHICLE SERVICE FOR FIRE
APPARATUS AND HEAVY EQUIPMENT MAINTENANCE AND REPAIR
SERVICES
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to approve Contract Service Agreement 23S057 AttachmentA) with SouthCoastEmergencyVehicleService, to providefire apparatus and heavy equipmentmaintenanceand repair servicesin an amount not to exceed 705,000, for theinitial three-yeartermbeginningApril 15, 2023, throughApril 14, 2026, with two one-year extensionoptionsat the City’s sole discretion; Authorize the City Manageror designeeto executeall necessarydocuments
D. ACCEPT A STATE HOMELAND SECURITY PROGRAM GRANT AWARD IN THE AMOUNT OF $ 210,063 FROM THE CALIFORNIA OFFICE OF
EMERGENCY SERVICES, THROUGH THE COUNTY OF RIVERSIDE
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EMERGENCY MANAGEMENT DEPARTMENT, FOR THE PURCHASE OF
INTEROPERABLE COMMUNICATIONS EQUIPMENT FOR LAW
ENFORCEMENT, AND CERT TRAINING, EQUIPMENT, AND PERSONNEL COSTS
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to approvethe acceptanceof a Fiscal Year 2022 State HomelandSecurity ProgramGrant Award from the California Office of Emergency Services (CalOES), throughtheCountyof RiversideEmergencyManagementDepartment, in theamountof $210,063. Adopt ResolutionNo. 25100entitled, “A RESOLUTIONOF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DESIGNATING AND AUTHORIZING CERTAIN CITY OFFICIALS TO EXECUTE
APPLICATIONS AND DOCUMENTS FOR THE PURPOSESOF OBTAINING
FEDERAL FINANCIAL ASSISTANCE PROVIDED BY THE FEDERAL
DEPARTMENTOFHOMELAND SECURITYAND SUB-GRANTEDTHROUGHTHE
STATE OF CALIFORNIA AND THE COUNTY OF RIVERSIDE.” Authorizethe City Managerto executeall necessarydocuments.
E. APPROVE CONTRACT SERVICES AGREEMENT NO. 23I051 WITH TELOS
IDENTITY MANAGEMENT SOLUTIONS, LLC TO PROVIDE FEDERALLY
MANDATED SECURITY BACKGROUND CLEARANCES
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to approve Contract ServicesAgreementNo. 23I051 AttachmentA) with Telos Identity ManagementSolutions, LLC to provide federally mandatedsecurity backgroundclearancessuch as Criminal RecordsHistory Checks CRHC), federal Record of Arrest and Prosecution (RAP) Back Subscription and InvestigationRecordsMaintenanceFeenot to exceed $9,610 beginningJanuary1, 2023 throughJune30, 2023; and, Appropriate $9,610from Airport Fund415to Airport Account 4157055.40105 budget; and, authorizethe City Manageror designeeto executeall necessarydocuments..
F. APPROVE SERVICE AGREEMENT NO. 23S060WITH JORDAN FREEMAN DBA
MOTOWORX GARAGE FOR BMW POLICE MOTORCYCLE PARTS AND
REPAIR SERVICES
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to approve Contract Service Agreement 23S060 AttachmentA) with JordanFreemandba Motoworx Garageto provide BMW Police Motorcyclepartsandrepairservicesin anamountnotto exceed $375,000for thefive-year term beginningApril 10, 2023, throughApril 9, 2028; Authorize the City Manageror designeeto executeall necessarydocuments.
G. AMEND RESOLUTION NO. 25088, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A
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NONDISCRIMINATION POLICY FOR ANY PROGRAM OR ACTIVITY FUNDED
IN WHOLE OR IN PART WITH HOMEKEY FUNDS PROVIDED BY THE
CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT,” ADDING REFERENCESTO SPECIFIC GOVERNMENT ACTS
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to approve Amendmentto Resolution No. 25088 on AmendingResolutionNo. 25102entitled “A RESOLUTIONOF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A
NONDISCRIMINATION POLICY FORANY PROGRAMORACTIVITY FUNDEDIN
WHOLE ORIN PARTWITH HOMEKEY FUNDSPROVIDEDBY THE CALIFORNIA DEPARTMENTOFHOUSINGAND COMMUNITY DEVELOPMENT.”
H. RATIFY THE NOMINATION OF THE CITY OF DESERT HOT SPRINGSTO THE
PALM SPRINGSINTERNATIONAL AIRPORT COMMISSION
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to approveto Re-Appoint JanPye, representingtheCity of Desert Hot Springs, to the Palm Springs InternationalAirport Commissioneffective immediatelyto a term expiring January17, 2025. Accept the resignationof Matthew Lesniakfrom thePublicArts Commissioneffectiveimmediately.
I. A REQUEST BY CHRISTOPHER WHITE OF PS BOTTLE SHOP, LLC FOR A
RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) TO SELL SPIRITS, WINE, AND BEER (TYPE 21 – OFF-SALE GENERAL) AT A SPECIALTY FOOD STORE, PS BOTTLE SHOP, LOCATED AT 1555SOUTH PALM CANYON DRIVE SUITE F (APN: 513-300-038), ZONE PDD131/C-1, SECTION 22 (CASE5.1671 PCN)
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED5-0 to adoptResolutionNo. 25101entitled, “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DETERMINING THAT PUBLIC CONVENIENCE OR NECESSITY WOULD BE SERVEDBY THE ISSUANCEOF A TYPE 21 (OFF-SALE GENERAL) ALCOHOLIC BEVERAGE CONTROL LICENSE FOR PS BOTTLE SHOP LOCATED AT 1555 SOUTHPALM CANYON DRIVE SUITEF WITHIN CENSUSTRACT NO. 9405.” J. APPROVE AN AMENDMENT TO AGREEMENT NO. A5359WITH CYRUN FOR
CAD/RMS SUPPORTAND MAINTENANCE
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to approvean amendmentto AgreementNo. A5359 with Cyrun (AttachmentA) for CAD/RMSsupportandmaintenancefor $72,890andauthorize two one-yearoptionsfor supportandmaintenanceat theCity’s solediscretion. Authorize theCity Manageror designeeto executetheamendmentandexercisetheoptions.
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K. EXTEND THE SERVICES AGREEMENT WITH NEOGOV FOR ONE YEAR TO
PROVIDE TALENT MANAGEMENT AND PAYROLL SOFTWARE SERVICES
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to allow the Service Agreement (AttachmentA) with NEOGOVto auto-renewfor oneadditionalyearin theamountof $99,490to providetalent managementandpayroll softwareservices.
L. APPROVAL OF A WATER METER EASEMENT TO THE DESERT WATER
AGENCY FOR IRRIGATION OF LANDSCAPING RELATED TO THE CV LINK BIKE PATH PROJECT WITHIN CITY PROPERTY (ENGINEERING FILE R 22-13- 1600)
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to approvea Grantof Easementto DesertWaterAgency, a CaliforniaPublicAgency, for a 10-foot wide by 15-foot-long easementfor a watermeter within City propertyidentifiedby APN 680-180-048; andAuthorizetheCity Managerto executeall necessarydocumentsassociatedwith thegrantof easement.
M. APPROPRIATE FUNDING AND APPROVE EXPENDITURE IN THE AMOUNT OF $300,000FOR THE PILLARS OF PALM SPRINGSPUBLIC ART PROJECT
AT SIX LOCATIONS IN THE EAST TAHQUITZ CANYON WAY MEDIANS
BETWEEN SUNRISEWAY AND EL CIELO ROAD
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to appropriatePublic Art Funds (Fund150) in theamount of $300,000to account1502550-60030. Approveexpenditureof PublicArt Fundsin the amountof $300,000for thePillarsof PalmSpringsPublicArt Project.
N. A WARD OF A CONSTRUCTION CONTRACT TO SOUTHERN CONTRACTING COMPANY IN THE AMOUNT OF $4,974,788.05FOR THE RECREATION FIELDS LED LIGHTING UPGRADES, CITY PROJECT NO. 19-28
MOTION BY MAYOR PRO TEM BERNSTEIN, SECONDBY COUNCILMEMBER MIDDLETON, CARRIED 5-0 to awardtheconstructioncontractto SouthernContracting Company, a Californiacorporation, in the amountof $4,974,788.05 for theRecreational FieldsLighting Upgrades, City ProjectNo. 19-28 (the “Project”). Delegateauthorityto the City Manageror designeeto approveandexecuteconstructioncontractchangeordersup to atotalamountof $497,478 (10%) with all changeordersreportedto theCity Councilat projectcompletion. Authorizethe City Manageror his designeeto executeall necessary documents.
O. SECOND READING AND ADOPTION OF ORDINANCE NO. 2083 APPROVING CASE 5.1541CZ, CHANGE OF ZONE, TO AMEND THE CURRENT SPLIT ZONE City CouncilMinutes April 10, 2023
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DESIGNATIONS OF ‘CENTRAL BUSINESS DISTRICT’ (CBD) AND ‘LIMITED MULTIPLE- FAMILY RESIDENTIAL’ ( R-2) TO ‘ RETAIL BUSINESS’ (C-1) ENTIRELY FOR A PROPOSEDMIXED- USE PROJECT WHICH INCLUDES 24 RESIDENTIAL CONDOMINIUM UNITS AND A 5.411-SQUARE-FOOT
COMMERCIAL SPACE ON 2.4-ACRE UNDEVELOPED PARCELS LOCATED AT 575NORTH PALM CANYON DRIVE, ZONE CBD/R-2, SECTION 10
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to waive a secondreading (adoption) of the ordinance entitled, andreadby title only; Ordinance No. 2083entitled, “AN ORDINANCEOFTHE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1541CZ, CHANGE OF ZONE, TO AMEND THE CURRENT SPLIT ZONE DESIGNATIONS OF ‘CENTRAL BUSINESS DISTRICT’ (CBD) AND ‘LIMITED MULTIPLE-FAMILY RESIDENTIAL’ ( R-2) TO ‘ RETAIL BUSINESS’ (C-1) ENTIRELY FOR A PROPOSEDMIXED-USE PROJECTWHICH INCLUDES 24 RESIDENTIAL CONDOMINIUM UNITS AND A 5.411-SQUARE-FOOT
COMMERCIAL SPACEON 2.4-ACRE UNDEVELOPED PARCELSLOCATED AT 575NORTH PALM CANYON DRIVE, ZONE CBD/R-2, SECTION10.
2. PUBLIC HEARINGS: NONE
3. BUSINESS & LEGISLATIVE:
A. FISCAL YEAR 2021-22 FINANCIAL AUDIT REPORTS OF THE CITY OF PALM
SPRINGS
Receiveandfile thefollowing FinancialAudit Reportsfor fiscalyearJune30, 2022:
AnnualComprehensiveFinancialReport (ACFR) Audit CommunicationLetterto theCity CouncilSingleAudit Report
PassengerFacility Charge (PFC) Report
HousingSuccessorAudit CommunicationLetter to the City Council Public Financing Authority FinancialStatements
MeasureJ FundReportAnnualFinancialReport
MeasureD IndependentAccountant’s AgreedUponProcedures
MeasureA IndependentAccountant’s AgreedUponProcedures (ConradCPA Firm) B. APPROVE RECOMMENDED LOGO FOR PALM SPRINGS INTERNATIONAL
AIRPORT
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, PASSED5-0, to approvereviewandapprovetheproposedlogofor thePalm SpringsInternationalAirport.
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PUBLIC COMMENT:
MichaelJosephPitkin
DorianWhitney (registeredfor zoomwasnotpresent)
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT
City ManagerStilesandtheCity Councildiscussedthetentativeupcomingmeetingscheduleand agendaitems.
ADJOURNMENT:
TheCity Counciladjournedon Monday, April 10, 2023, at7:31 PM.
Respectfullysubmitted,
BrendaPree, MMC, CERA
City Clerk
APPROVEDBY CITY COUNCIL: 04/27/2023