Thursday, May 25, 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 Meetin g of the Palm Springs City Council was called to order by Mayor Garner on Thursday, May 25, 2023, at 5:41 p.m.
PLEDGE OF ALLEGIANCE:
Alaina Vega, high school student, led the Pledgeof Allegiance.
ROLL CALL:
Present: Councilmembers Christy Holstege, Ron deHarte, Lisa Middleton; Mayor Pro Tem Jeffrey Bernstein; and Mayor Grace Elena Garner.
Absent: None.
City Staff Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; Jeremy
Present: Hammond, Deputy City Manager; Flinn Fagg, Deputy City Manager; Jeff Ballinger, City Attorney; Andrew Mills, Chief of Police; and Brenda Pree, City Clerk, were presentat Roll Call. Other staff memberspresentedreportsor respondedto questions as indicated in the minutes.
PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES:
Fire Chief Paul Alvarado’ s Oath of Office.
ACCEPTANCE OF THE AGENDA:
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0, to remove Consent Calendar Item Nos. 1H and 1I for separate discussion.
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of May 25, 2023, was called to order by Mayor Garner at 4:02 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 are two (2) matters.
CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION, Pursuant to Government Code Section 54956. 9(d)( 4):
Under existing facts and circumstances, there are two ( 2) matters.
PUBLIC TESTIMONY:
Kate Castle, Ernest Ceceña, and Rebecca Olarte provided oral testimony.
1. CONSENT CALENDAR:
MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve the consent calendar with 1H and 1I pulled for further discussion.
A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, by motion, find that: 1) The City Council has reconsidered the circumstancesof 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 measuresto reduce the spread, including physical distancing measures, continue to be necessary for the public, health, safety, and welfare; and 2) State and local 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 accordance with Government Code section 54953( e)(2) and other applicable provisions of the Brown Act for remote only or hybrid teleconferencemeetings B. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF APRIL 1 THROUGH APRIL 30, 2023
MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of April 1 through April 30, 2023.
C. REAPPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS
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MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to:
1. Re-appoint Michael Paonessa and Stephen Moses to the Administrative Appeals Board effective immediately for a term ending June30, 2025.
2. Re-appoint Gerald Adams, Todd Burke, and David Feltman to the Airport Commission effective immediately for a term ending June 30, 2025. Appoint Tracy Martin, Daniel Caldwell, and J. Craig Fong to the Airport Commission effective July 1, 2023, for a term ending June30, 2026.
3. Re-appoint Craig Borba to the Library Board of Trusteeseffective immediately for a term ending June 30, 2025. Re- appoint Juanita Garner to the Library Board of Trusteeseffective July 1, 2023, for a term ending June 30, 2026. Appoint Deborah Schwartz to the Library Board of Trustees effective immediately for a term ending June30, 2026.
4. Appoint Beverly Greer, Michael MJ Horne, and Carlotta Rinke to the Human Rights Commission effective immediately for a term ending June 30, 2026. Re-appoint Edwin Ramoran to the Human Rights Commission effective immediately for a term ending June 30, 2025. Re-appoint Donna Shepherd, David Vignolo, and Oliver Cleary to the Human Rights Commission effective July 1, 2023, for a term ending June30, 2026.
5. Re-appoint Johnny Coladonato to the Parks & Recreation Commission effective immediately for a term ending June 30, 2025. Appoint Scott Page, Katherine Hatch and Donald Admire to the Parks & Recreation Board effective July 1, 2023, for a term ending June 30, 2026.
6. Re-appoint Shawnda Thomas Faveau to the Public Arts Commission effective immediately for a term ending June 30, 2025. Appoint Christopher Ramirez to the Public Arts Commission effective immediately for a term ending June30, 2026.
7. Appoint Perma Walker, Dean Grubl and Bernard Rottner to the Sustainability Commission effective immediately for a term ending June30, 2026.
8. Re-appoint Celia Garton ( Retail) and Daniel Gonnella ( Retail) to the VillageFest Board effective immediately for a term ending June 30, 2025. Appoint Cheryl Idell Retail) to the VillageFest Board effective immediately for a term ending June 30, 2026.
9. Accept the resignation of Robert Hedrick from the Administrative AppealsBoard effective immediately.
10. Accept the resignation of Tracy Merrigan from the Public Arts Commission effective immediately.
D. AUTHORIZE THE CITY OF PALM SPRINGS TO ENTER INTO A
MEMORANDUM OF UNDERSTANDING AGREEMENT WITH THE PALM
SPRINGS PUBLIC LIBRARY FOUNDATION
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MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to:
1. Approve the Memorandum of Understanding ( MOU) with the Palm Springs Library Foundation.
2. Authorize the City Manager to execute all necessary documents.
E. AUTHORIZE AN INCREASE TO PURCHASE ORDER NO. 18000632 IN THE AMOUNT OF $ 20,000 ISSUED TO ALBERT A. WEBB ASSOCIATES
PURSUANT TO ON- CALL AGREEMENT NO. A6443 FOR TRAFFIC
ENGINEERING SERVICES FOR THE PALM CANYON DRIVE PEDESTRIAN AND BICYCLE SAFETY ENHANCEMENTS, CITY PROJECT 17- 07
MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to:
1. Authorize an increasein the amount of $20,000 to PurchaseOrder No. 18000632 for additional Traffic Engineering Services with Albert A. Webb Associates for the Palm Canyon Drive Pedestrianand Bicycle Safety Enhancements, City Project No. 17-07.
2. Authorize the City Manager to execute all necessary documents.
F. APPROVAL OF AMENDMENT NO. 1 TO CONTRACT SERVICES
AGREEMENT NO. 8865 WITH ST. FRANCIS ELECTRIC, LLC, FOR ON- CALL
TRAFFIC SIGNAL MAINTENANCE SERVICES
MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to:
1. Approve Amendment No. 1 to Contract Services Agreement No. 8865 with St.
Francis Electric, LLC, a California limited liability company, increasing the maximum annual contract amount by $ 130,000 for a maximum annual contract amount of $ 510, 000 for Traffic Signal Maintenance Services; and
2. Authorize the City Manager to executeall necessarydocuments.
G. AWARD OF A CONSTRUCTION CONTRACT TO CALTEC CORPORATION IN THE AMOUNT OF $ 943, 000 FOR SKYLIGHT RAILINGS, CITY PROJECT 18-20
MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to:
1. Approve the construction contract to CALTEC Corporation, a California corporation, in the amount of $943,000 for the construction and installation of Skylight Railings, City Project No. 18-20.
2. Delegate authority to the City Manager or his designee to approve and execute construction contract change orders up to a total amount of $ 94,300 ( 10%) with all City Council Minutes May 25, 2023
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changeorders reported to the City Council at project completion.
3. Authorize the City Manager or his designee to execute all necessary documents.
H. PROPOSED “ BLOCK G POP ART PARK” PROJECT
This item was removed from the Consent Calendar for separate discussion and consideredunder Excluded ConsentCalendar.
I. APPROVE CONTRACT SERVICES AGREEMENT NO. 23P056 WITH OFRS, INC. FOR HOMELESS ENCAMPMENT AND SITE CLEAN- UP SERVICES This item was removed from the Consent Calendar for separate discussion and consideredunder Excluded ConsentCalendar.
J. APPROVE AGREEMENT NO. 23B104 WITH BLACK AND WHITE
EMERGENCY VEHICLES, LLC FOR ON- CALL EMERGENCY VEHICLE
UPFITTING SERVICES
MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to:
1. Approve Contract Services Agreement No. 23B104 with Black and White Emergency Vehicles, LLC, to provide on-call emergency vehicle upfitting services for an amount not to exceed $ 1,950, 000 beginning June 1, 2023, through May 31, 2026, with two one-year extension options at the City’ssole discretion.
2. Authorize the City Manager or designee to execute all necessary documents.
K. APPROVE AGREEMENT NO. 23B101 WITH CHECKMATE TELEPHONE EXCHANGE, INC. DBA MAXIMUM SECURITY ALARM SYSTEMS FOR
ALARM MONITORING AND MAINTENANCE SERVICES
MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to:
1. Approve Contract Services Agreement No. 23B101 with Maximum Security Alarm Systems to provide alarm monitoring and maintenance services for an amount not to exceed $223,428 beginning July 1, 2023, through June 30, 2026, with two one-year extension options at the City’ s sole discretion.
2. Authorize the City Manager or designeeto executeall necessarydocuments.
L. ADOPT RESOLUTION APPROVING STATE GRANT FOR RESTORATION
OF THE HISTORIC PLAZA THEATRE
MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 25109, entitled, “ A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, City Council Minutes May 25, 2023
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CALIFORNIA, APPROVING THE APPLICATION AND ACCEPTANCE FOR GRANT FUNDS FOR RESTORATION OF THE HISTORIC PLAZA THEATRE.” M. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. A9071 WITH
KINCAID INDUSTRIES, INC. FOR PLUMBING MAINTENANCE AND
INSTALLATION SERVICES
MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to:
1. Approve Amendment No. 2 to Agreement No. A9071 ( Attachment A) with Kincaid Industries, Inc., to provide plumbing maintenance and installation services in an additional amount of $ 450,000 for a total revised contract amount not to exceed 1,050, 000 through April 10, 2025.
2. Authorize the City Manager or designeeto executeall necessarydocuments.
N. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. A9232 WITH VERDE
FACILITIES SERVICES LLC FOR JANITORIAL SERVICES FOR VARIOUS
CITY FACILITIES
MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to:
1. Approve Amendment No. 2 to Agreement No. A9232 with Verde Facilities Services LLC, to provide janitorial servicesfor various City facilities in an additional amount of $ 136, 296 for a total revised contract amount not to exceed $ 2,425, 644 through December 11, 2025.
2. Authorize the City Manager or designee to execute all necessary documents.
O. APPROVE FIRST AMENDMENT TO AMENDED AND RESTATED
DISPOSITION AND DEVELOPMENT AGREEMENT FOR DEVELOPMENT
AND CONSTRUCTION OF THE ALOE PALM CANYON PROJECT LOCATED AT 1479 NORTH PALM CANYON DRIVE, A 71-UNIT SENIOR HOUSING
PROJECT IN THE CITY OF PALM SPRINGS
MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to:
1. Approve First Amendment to Amended and RestatedDisposition and Development Agreement ( DDA) with Aloe Palm Canyon L. P. to increase the loan amount by 3,000,000.
2. Authorize the City Manager to make any necessary changes to the DDA and sign other documentsapproved by the City Attorney to institute the loan increaseamount and facilitate implementation of the Aloe Palm Canyon project.
P. AUTHORIZE ISSUANCE OF SIGNATURE ENDORSEMENT FOR A LETTER City Council Minutes May 25, 2023
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IN SUPPORT OF FINDING A PERMANENT HOME IN THE STATE BUDGET
FOR HOMELESSNESS PROGRAMS AND AFFORDABLE HOUSING
MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to Authorize the issuanceof an endorsementin support of Finding a Permanent Home in the State Budget for Homelessness Programs and Affordable Housing.
EXCLUDED CONSENT CALENDAR:
H. PROPOSED “ BLOCK G POP ART PARK” PROJECT
Lauren Wolfer provided oral testimony.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Accept donation of the artwork Pin Wheel by artist Larry Lubow from Ann Sheffer.
2. Approve Public Art Funds in the amount of $9,775 for the installation of a concretepad for Impossible Lawn Chair; $ 500 for Popsicles to fabricate a plaque; and $3,000 to install Pin Wheel, for a total of $13,275.
3. Approve temporary placement of the artworks Pin Wheel, Popsicles, and Impossible Lawn Chair on Block G of the Downtown Development for a period of two years.
4. Authorize the City Manager to execute all necessary documents to facilitate the temporary installation of the artworks Pin Wheel, Popsicles, and Impossible Lawn Chair on Block G, located at the southwest corner of North Belardo Road and Belardo Road of the Downtown Development for a period of two years.
I. APPROVE CONTRACT SERVICES AGREEMENT NO. 23P056 WITH OFRS, INC. FOR HOMELESS ENCAMPMENT AND SITE CLEAN- UP SERVICES
MOTION BY MAYOR GARNER, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Approve Contract Service Agreement No. 23P056 with OFRS, Inc. to provide homeless encampment and site clean- up services for a three- year term in an amount not to exceed 1,200,000 beginning June1, 2023, through May 31, 2026.
2. Authorize the City Manager
2. PUBLIC HEARINGS:
A. DELINQUENT WASTE DISPOSAL CHARGES
Allan Kavert provided public hearing testimony.
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MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Open the public hearing and receive public testimony.
2. Adopt Resolution No. 25110, entitled, “ A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING
CERTAIN WASTE DISPOSAL ACCOUNTS TO BE DELINQUENT AND
DIRECTING THE PLACEMENT OF THESE ACCOUNTS ON THE COUNTY PROPERTY TAX ROLLS FOR COLLECTION.”
B. AN APPLICATION BY THE CITY OF PALM SPRINGS FOR THE HISTORIC DESIGNATION OF “ THE TAHQUITZ RESORT GOLF COURSE
CLUBHOUSE” LOCATED AT 1885 LAWRENCE CROSSLEY ROAD, CASE HSPB # 149. ( APN # 681- 250- 012) ( SY)
Steve Keylon provided public hearing testimony.
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Open the public hearing and receive public testimony.
2. Close the public hearing and adopt Resolution No. 25111, entitled, “ A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING “ THE TAHQUITZ RESORT GOLF COURSE CLUBHOUSE” LOCATED 1885 LAWRENCE CROSSLEY ROAD, AS A CLASS 1 ( LANDMARK) HISTORIC RESOURCE HSPB # 149, SUBJECT TO
CONDITIONS ( APN 618-250-012),” asamended.
C. AN APPLICATION BY THE CITY OF PALM SPRINGS FOR HISTORIC DESIGNATION OF “ THE SECURITY FIRST NATIONAL BANK” LOCATED AT 500 SOUTH INDIAN CANYON DRIVE, ( APN # 508-121-001), CASE HSPB 137
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Open the public hearing and receive public testimony.
2. Close the public hearing and adopt Resolution No. 25112, entitled, “ A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING “ THE SECURITY FIRST NATIONAL BANK” LOCATED 500 SOUTH INDIAN CANYON DRIVE, AS A CLASS 1
LANDMARK) HISTORIC RESOURCE HSPB # 137, SUBJECT TO
CONDITIONS ( APN 508-121-001).”
RECESS/ RECONVENE
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The City Council recessedat 8:08 p.m. and reconvenedat 8:14 p.m., with all memberspresent.
D. ADOPTION OF A RESOLUTION MODIFYING CERTAIN USER FEES,
DEVELOPER FEES, AND CHARGES BY IMPLEMENTING A CONSUMER
PRICE INDEX INCREASE AND ADOPTING THE COMPREHENSIVE FEE SCHEDULE FOR FISCAL YEAR 2023-2024.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
COUNCILMEMBER DEHARTE, CARRIED 5- 0, to:
1. Open the public hearing and receive public testimony.
2. Adopt Resolution No. 25113, entitled, “ A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MODIFYING
CERTAIN USER FEES, DEVELOPER FEES, AND CHARGES BY
IMPLEMENTING A CONSUMER PRICE INDEX INCREASE AND ADOPTING THE COMPREHENSIVE FEE SCHEDULE FOR FISCAL YEAR 2023-2024,” as amended.
3. Direct City Staff to bring back a Policy authorizing the City Manager to waive fees for verified non- profit organizations.
3. BUSINESS & LEGISLATIVE: None.
PUBLIC COMMENT:
Zachary Daniel Stone, Ruben Perez, Melissa Boyd, and Paulina Angel provided oral testimony.
CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT:
City Manager Stiles and the City Council discussedthe tentative upcoming meeting scheduleand agenda items. Mayor Garner, Mayor Pro Tem Bernstein, and Councilmembers deHarte and Middleton provided comments.
ADJOURNMENT:
The City Council adjourned the meeting of Thursday, May 25, 2023, at 9:42 p.m.
Respectfully submitted,
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: 6/29/2023