Thursday, May 11, 2023
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 Garner on Thursday, May 11, 2023, at 5:30 p.m.
PLEDGE OF ALLEGIANCE:
Colby- Belle Segrist, elementary school student, led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Christy Holstege, Ron deHarte, Lisa Middleton; Mayor Pro Tem Jeffrey Bernstein; and Mayor GraceElena Garner.
Absent: None.
City Staff
Present: Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; Jeremy Hammond, Deputy City Manager; Flinn Fagg, Deputy City Manager; Jeff Ballinger, City Attorney; Frank Browning, Police Lieutenant; and Brenda Pree, City Clerk, were presentat Roll Call. Other staff memberspresentedreportsor respondedto questions as indicated in the minutes.
PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES: None.
ACCEPTANCE OF THE AGENDA:
Mayor Garner identified the following correction to the agenda and staff report for Item No. 1M:
The correct budget for Item No. 1M totals $ 43,500.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0, to remove Consent Calendar Item Nos. 1D, 1J, 1K, and 1N for separate discussion.
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of May 11, 2023, was called to order by Mayor Garner at 3:02 p.m.
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The meeting convenedinto Closed Sessionto discussthe following items aslisted on the Regular Closed Session Meeting Agenda, with no reportable action:
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, Pursuant to Government Code Section 54956.9(d)(1):
Under existing facts and circumstances, there is one (1) matter.
CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956. 9(d)( 2):
Under existing facts and circumstances, there are four ( 4) matters.
CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION, Pursuant to Government Code Section 54956.9(d)(4):
Under existing facts and circumstances, there is one ( 1) matter.
CONFERENCE WITH LABOR NEGOTIATORS, Pursuant to Government Code Section 54957.6:
City Negotiators:
Employee organization:
Scott Stiles, City Manager
Jeremy Hammond, Deputy City Manager
StephanieGeorge, Human ResourcesDirector
Peter Brown, Legal Counsel
Palm Springs Police Officers Association ( PSPOA)
Palm Springs Police ManagementAssociation (PSPMA)
Public Employees Association of Palm Springs ( PEAPS)
ManagementAssociation of Palm Springs (MAPS)
Palm Springs Firefighters Association ( PSFA)
Palm Springs Fire Management (PSFMA)
Unrepresented Employees
PUBLIC TESTIMONY:
Alan Potash, Jennifer Gipson, Michael JosephPitkin, and Zachary Daniel Stoneprovided oral testimony.
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve the consentcalendarwith 1D, 1J, 1K, and 1N pulled for further discussion.
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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: 1) The City Council hasreconsidered the circumstances of the state of emergency. Even though the State and local declared states of emergency have ended, community spread of COVID- 19 continues to exist, and measures to reduce the spread, including physical distancing measures, continue to be necessaryfor the public, health, safety andwelfare; and 2) Stateandlocal officials continue to recommend social distancing measures, which can impact the ability of the City and the public to meet safely in person; and 3) The City Council, and its subordinate bodies Boards, Commissions, and Committees), shall be authorized to conduct public meetings in accordancewith Government Code section 54953(e)(2) and other applicable provisions of the Brown Act for remote only or hybrid teleconference meetings B. APPROVAL OF MINUTES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve the City Council Meeting Minutes of April 27, 2023.
C. APPROVAL OF WARRANTS, CLAIMS AND DEMANDS
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to adopt Resolution No. 25107, entitled, " A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS /
DISBURSEMENTS FOR THE PERIOD ENDING 04- 01- 23 AND 04-15- 23 TOTALING 4,321,361.73 AND ACCOUNTS PAYABLE WARRANTS DATED 03-30-23 AND 04- 13-23 TOTALING $ 7,534, 567. 47, IN THE AGGREGATE AMOUNT OF 11,855,929.20, DRAWN ON BANK OF AMERICA."
D. APPROVE CONTRACT SERVICES AGREEMENT NO. 23P064 WITH
GOVERNMENT REVENUE SOLUTIONS HOLDINGS I, LLC, DBA AVENU
INSIGHTS & ANALYTICS, LLC, FOR TRANSIENT OCCUPANCY TAX AUDIT
SERVICES
This item was removed from the Consent Calendar for separate discussion and considered under Excluded ConsentCalendar.
E. AWARD OF A CONSTRUCTION CONTRACT TO CALTEC CORPORATION IN THE AMOUNT OF $ 1,805, 000 FOR THE AIRPORT COMMON USE PODIUMS - BONO CONCOURSE, CITY PROJECT 21-28
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MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Approve the construction contract with CALTEC Corporation, a California corporation, in the amount of $ 1,805, 000 for the Airport Common Use Podiums - Bono Concourse, City Project No. 21-28.
2. Authorize the City Manager or his designee to execute all necessary documents.
3. Appropriate $1,411,654 from Airport Special Capital Projects fund balance.
F. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9069 WITH ALLISON MECHANICAL, INC. FOR HVAC MAINTENANCE AND INSTALLATION
SERVICES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Approve Amendment No. 1 to Agreement No. A9069 with Allison Mechanical, Inc., to provide HVAC Maintenance and Installation Services in an additional amount of 300,000 for a total revised contract amount not to exceed $900,000 through April 10, 2025.
2. Authorize the City Manager or designeeto executeall necessarydocuments.
G. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9136 WITH PUB CONSTRUCTION, INC., FOR BUILDING REPAIR AND RENOVATION
SERVICES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Approve Amendment No. 1 to Agreement No. A9136 ( Attachment A) with PUB Construction, Inc., to provide building repair and renovation services in an additional amount of $450,000 for a total revisedcontract amount not to exceed $750,000 through June 19, 2025.
2. Authorize the City Manager or designeeto executeall necessarydocuments.
H. APPROPRIATE FUNDING AND APPROVE EXPENDITURE IN THE AMOUNT OF $ 126, 500 FOR PURCHASE OF THE ARTWORK “ CRAWLER” BY ARTIST
RYAN CAMPBELL FOR PLACEMENT AT THE SOUTHEAST CORNER OF
MUSEUM WAY AT MUSEUM DRIVE ( BLOCK H2)
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Appropriate Public Art Funds ( Fund 150) in the amount of $ 126, 500 to account 1502550-60030.
2. Approve the expenditure of Public Art Funds in the amount of $ 126, 500 for the Crawler” Public Art Project.
3. Approve placement of the artwork “ Crawler” at the southeast corner of Museum Way at Museum Drive.
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4. Approve Agreement for Purchase and Sale of Public Artwork with artist Ryan Campbell for the artwork “ Crawler.”
5. Authorize the City Manager to execute all necessary documents to facilitate the purchase and installation costs of the artwork “ Crawler.” I. APPROVAL OF THE FISCAL YEAR 2023/ 2024 CSA 152 SPECIAL ASSESSMENT RATE
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to adopt Resolution No. 25108 entitled, “ A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CALIFORNIA,
MAKING FINDINGS AND REAFFIRMING THE ESTABLISHMENT AND SETTING OF RATES FOR COUNTY SERVICE AREA 152 FOR FISCAL YEAR 2023/2024 TO FUND THE CITY’ S NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM ( NPDES) PERMIT IN ORDER TO OPERATE AND MAINTAIN THE CITY’S DRAINAGE AND FLOOD CONTROL SYSTEMS.”
J. APPROVE MEMORANDUM OF UNDERSTANDING WITH THE COACHELLA
VALLEY ASSOCIATION OF GOVERNMENTS TO PROVIDE CASE
MANAGEMENT AND OUTREACH SERVICES TO HOMELESS INDIVIDUALS IN THE COACHELLA VALLEY FOR A TERM OF THREE YEARS AT $ 100,000 PER YEAR, TOTALING $ 300, 000
This item was removed from the Consent Calendar for separate discussion and considered under Excluded ConsentCalendar.
K. ACCEPT THE HOUSING ELEMENT ANNUAL PROGRESS REPORT ( APR) FOR THE 2022 CALENDAR YEAR FOR FILING WITH THE CALIFORNIA
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
This item was removed from the ConsentCalendar for separatediscussion and considered under Excluded Consent Calendar.
L. APPROVAL OF A PURCHASE ORDER TO KIMLEY- HORN AND ASSOCIATES
FOR ON- CALL TRAFFIC ENGINEERING SERVICES FOR CITYWIDE
TRAFFIC SIGNAL SYSTEM UPGRADES FOR CITY PROJECT 21- 10
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Approve a purchase order in an amount not to exceed $ 135, 250 with Kimley- Horn, pursuantto the City’s “on-call” agreement (A8342), for traffic engineering servicesfor the subject project.
2. Delegate authority to the City Manager or designeeto approve contract amendments up to a total amount of $ 27,050 ( 20%).
3. Authorize the City Manager to executeall necessarydocuments.
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M. APPROPRIATE FUNDING AND APPROVAL EXPENDITURE IN THE AMOUNT OF $43,500 FOR A ONE- YEAR INSTALLATION, FROM JULY 1, 2023, TO JUNE 30, 2024, OF THE ARTWORK “ THE ONLY OTHER THING IS NOTHING” BY
ARTIST MICHAEL BIRNBERG ( AKA MIDABI) FOR PLACEMENT AT THE
SOUTHEAST CORNER OF MUSEUM WAY AT MUSEUM DRIVE
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Appropriate Public Art Funds ( Fund 150) in the amount of $ 43,500 to account 1502550-60030.
2. Approve the expenditure of Public Art Funds in the amount of $ 43,500 for the “ The Only Other Thing is Nothing” Art Project.
3. Approve placement of the artwork “ The Only Other Thing is Nothing” at the southeast corner of Museum Way at Museum Drive.
4. Authorize the City Manager to execute all necessary documents to facilitate the temporary installation of the artwork “The Only Other Thing is Nothing.” N. REPORT ON CITY COUNCIL STRATEGIC VISIONING SESSION
This item was removed from the ConsentCalendar for separatediscussion and considered under Excluded Consent Calendar.
O. APPROVE SERVICE AGREEMENT NO. 23B079 WITH WEST AVIATION
SERVICES- SAN DIEGO DBA SIERRA AVIATION GROUP FOR BAGGAGE
RELOCATION SERVICES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Approve Contract Services Agreement No. 23B079 with West Aviation Services- San Diego DBA Sierra Aviation Group for baggagerelocation and wayfinding servicesin an amount not to exceed $ 2,000, 000 for the initial three- year term beginning June 1, 2023, through May 31, 2026, with two one-year extension options at the City’s sole discretion.
2. Authorize the City Manager or his designeeto executeall necessarydocuments.
P. ACCEPT A GRANT AWARD FROM THE CALIFORNIA PUBLIC UTILITIES COMMISSION IN THE AMOUNT OF $ 80,546 FOR BROADBAND ADOPTION
SERVICES AT THE PALM SPRINGS PUBLIC LIBRARY
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to accept a grant award from the California Public Utilities Commission in the amount of $80,546 for broadbandadoption servicesat the Palm Springs Public Library.
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Q. APPROVE COOPERATIVE AGREEMENT WITH CODE 3 TECHNOLOGY FOR
THE PURCHASE, INSTALLATION AND EXTENDED WARRANTY
COVERAGE OF GETAC MOBILE COMPUTERS FOR THE POLICE AND FIRE
DEPARTMENTS
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Approve Contract Service Agreement 23C105 with Code 3 Technology for the purchase, installation, and extendedwarranty coverageof ruggedizedGetaccomputers for use by the Police and Fire Departments, in an amount not to exceed $ 590, 508. 35.
2. Authorize the City Manager or their designeeto executeall necessarydocuments.
EXCLUDED CONSENT CALENDAR ITEMS:
D. APPROVE CONTRACT SERVICES AGREEMENT NO. 23P064 WITH
GOVERNMENT REVENUE SOLUTIONS HOLDINGS I, LLC, DBA AVENU
INSIGHTS & ANALYTICS, LLC, FOR TRANSIENT OCCUPANCY TAX AUDIT
SERVICES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR GARNER, CARRIED 5-0, to:
1. Approve Contract Services Agreement No. 23P064 ( Attachment A) with Government Revenue Solutions Holdings I, LLC, DBA Avenu Insights & Analytics, LLC, to provide transient occupancy tax audit services for a five- year term in an amount not to exceed $570,000 beginning July 1, 2023, through June30, 2028.
2. Authorize the City Manager or designee to execute all necessary documents.
J. APPROVE MEMORANDUM OF UNDERSTANDING WITH THE COACHELLA
VALLEY ASSOCIATION OF GOVERNMENTS TO PROVIDE CASE
MANAGEMENT AND OUTREACH SERVICES TO HOMELESS INDIVIDUALS IN THE COACHELLA VALLEY FOR A TERM OF THREE YEARS AT $ 100,000 PER YEAR, TOTALING $ 300, 000
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Approve a Memorandum of Understanding with the Coachella Valley Association of Governments in the amount of $300,000 to provide services to unhousedindividuals and families in the Coachella Valley and the City of Palm Springs.
2. Authorize the City Manager to execute all necessary documents to facilitate the implementation of the Memorandum of Understanding.
K. ACCEPT THE HOUSING ELEMENT ANNUAL PROGRESS REPORT ( APR) FOR THE 2022 CALENDAR YEAR FOR FILING WITH THE CALIFORNIA
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
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MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Accept the report aspresented; and,
2. Direct staff to make no changes to the report filed on April 1, 2023 ( and subsequently revised) with the California Department of Housing and Community Development and the Governor’ s Office of Planning and Research.
N. REPORT ON CITY COUNCIL STRATEGIC VISIONING SESSION
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to receive and file.
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), AND CONSIDERATION OF A SETTLEMENT AND
DEVELOPMENT AGREEMENT TO FACILITATE THE COMPLETION OF THE
PROJECT
Dan Burkett, David Elliott, Maureen Burl, Thomas Boudrot, Craig Withycombe, David Powell, and David Thielens provided public hearing testimony.
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to continue the Public Hearing to a date certain (June 5, 2023, Regular City Council Meeting).
3. BUSINESS & LEGISLATIVE: None.
PUBLIC COMMENT:
Michael JosephPitkin provided oral testimony.
CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT:
City Manager Stiles and the City Council discussed the tentative upcoming meeting schedule; Mayor Pro Tem Bernstein and Councilmember Middleton provided comments.
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ADJOURNMENT:
The City Council adjourned the meeting of Thursday, May 11, 2023, at 8:09 p.m.
Respectfully submitted,
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: 6/29/ 2023