Thursday, October 26, 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, October 26, 2023 , at 5:31 p.m.
PLEDGE OF ALLEGIANCE:
Morgan Kennedy, high school student, led the Pledgeof Allegiance.
ROLL CALL:
Present: Councilmembers Christy Holstege, Ron deHarte, andLisa Middleton; Mayor Pro Tem Jeffrey Bernstein; and Mayor Grace Elena Garner.
Absent: None.
City Staff
Present: Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; Flinn Fagg, Deputy City Manager; Jeremy Hammond, Deputy City Manager; Jeff Ballinger, City Attorney; and Brenda Pree, City Clerk, were presentat Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.
PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES:
None.
ACCEPTANCE OF THE AGENDA:
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to acceptthe agendawith removal of ConsentCalendarItem Nos. 1G and 1T for separate discussion.
REPORT OF CLOSED SESSION:
The Closed Session of the City Council of October 26, 2023, was called to order by Mayor Garner at 4:00 p.m.
The meeting convened into Closed Sessionto discuss the following items as listed on the Closed Session Meeting Agenda, with the following report provided by City Attorney Ballinger:
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No reportable action:
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, Pursuant to Government Code Section 54956. 9(d)( 1)
Under existing facts and circumstances, there was one (1) matter.
The City Council VOTED 5-0 on the following Closed Sessionagendaitem:
CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION, Pursuant to Government Code Section 54956. 9(d)( 4).
To initiate a receivership code enforcement action against the property located at 487 E Valmonte Norte.
No reportable action:
CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54956.8
Property:
City Negotiator:
Negotiating parties:
Under negotiation:
119.4 Acres of real property, located on the Northwest Corner of Indian Canyon Dr. and Tramview Road
Scott Stiles, City Manager
Desert Community College District
Price and Terms
PUBLIC TESTIMONY:
David Feltman, Jack Reed, Dean Lavine, Jocelyn Kane, Liz Ostoich, StevenWisatk, Kurtis Magee, Julie Montante, Deiter Crawford, and Jergen Weiss provided oral testimony.
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve the consent calendar with removal of Item Nos. 1G and 1T for separate discussion.
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 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.
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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 September14 and September26, 2023.
C. ACCEPT RESIGNATIONS FROM VARIOUS BOARDS AND COMMISSIONS
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Accept the resignation of Jerry Alcorn from the Parks and Recreation Commission effective immediately.
2. Accept the resignation of Dean Grubl from the Sustainability Commission effective immediately.
D. AUTHORIZE ISSUANCE OF LETTERS IN SUPPORT OF ASSEMBLY CONSTITUTIONAL AMENDMENT NO. 1 ( ACA 1) AND ASSEMBLY
CONSTITUTIONAL AMENDMENT NO. 13 ( ACA 13)
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to authorize issuanceof two ( 2) letters in support of 1) Assembly Constitutional Amendment No. 1 ( ACA 1) and 2) Assembly Constitutional Amendment No. 13 (ACA 13).
E. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF SEPTEMBER 1 THROUGH SEPTEMBER 30, 2023
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of September 1 through September 30, 2023.
F. APPROVE USE AGREEMENT WITH THE COUNTY OF RIVERSIDE FOR
ACCESS TO AND USE OF THE PUBLIC SAFETY ENTERPRISE
COMMUNICATION SYSTEM
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Approve Use Agreement 23G306 with the County of Riverside for an initial term ending December 31, 2028, with one five- year option to renew, for access to and use of the Public Safety Enterprise Communication radio systemfor an estimatedamount of $ 1,110, 846 through June 30, 2025.
2. Appropriate $110,000 from the Airport Operations and Maintenance fund balancein Fiscal Year 2024- 25 budget.
3. Authorize the City Manager or their designeeto executeall necessarydocuments.
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G. APPROVAL OF PROFESSIONAL SERVICE AGREEMENT NO. 23P319 WITH KOUNKUEY DESIGN INITIATIVE, INC. IN AN AMOUNT NOT TO EXCEED 325,000 TO UPDATE THE PARKS & RECREATION MASTER PLAN
This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar.
H. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING THE PARKLET USE THROUGH DECEMBER 31, 2028
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to adopt a Resolution No. 25150, entitled, “ A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING THE DATE FOR PARKLET USAGE.”
I. APPROVE CONTRACT SERVICES AGREEMENT NO. 23P227 WITH
CITYGATE ASSOCIATES, LLC FOR AN ORGANIZATION ANALYSIS,
COMMUNITY RISK ASSESSMENT, STANDARD OF COVERAGE, AND FIVE-
YEAR STRATEGIC PLAN
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approveContract ServicesAgreement No. 23P227with Citygate Associates, LLC to provide Fire Department organizational analysis, community risk assessment, the standardof coverage, and 5-year strategic plan for a six- month term in an amount not to exceed $ 177, 809 beginning November 1, 2023, through April 30, 2024, with one one-year extension option at the City’s sole discretion; and authorize the City Manager or designee to execute all necessary documents.
J. ADOPT A RESOLUTION ADOPTING A FLAG DISPLAY POLICY AND
AUTHORIZING THE DISPLAY OF THE PRIDE FLAG AT CITY FACILITIES
ANNUALLY IN THE MONTH OF NOVEMBER
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to adopt a Resolution No. 25151, entitled, “ A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADOPTING A FLAG DISPLAY POLICY AND AUTHORIZING THE
DISPLAY OF THE PRIDE FLAG AT CITY- OWNED FACILITIES ANNUALLY IN THE MONTH OF NOVEMBER.”
K. APPROVE CONSULTING SERVICES AGREEMENT NO. 23Q314 WITH M.
ARTHUR GENSLER JR. & ASSOCIATES, INC. FOR DESIGN AND
CONSTRUCTION SUPPORT SERVICES FOR AIRPORT PUBLIC
RESTROOMS
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
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1. Approve Consulting ServicesAgreement No. 23Q314 with Genslerto provide design services for an amount not to exceed $ 236, 429 for Phase I – Basis of Design and Project Definition.
2. Authorize the City Manager or designee to negotiate and amend the contract at a later date to continue into PhaseII of the project to complete the design of the project and provide construction support services for an amount not to exceed $ 3,000, 000.
3. Authorize the City Manager or designeeto executeall necessarydocuments.
L. APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 23Q082 WITH C& S ENGINEERS, INC. FOR DESIGN AND CONSTRUCTION SUPPORT
SERVICES FOR EMPLOYEE AND ECONOMY PARKING LOTS
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Approve Professional ServicesAgreement No. 23Q082 with C& S Engineers, Inc. to provide design services for an amount not to exceed $ 154, 058 for Phase I – Programming and Investigation of the project.
2. Authorize the City Manager or designee to negotiate and amend the contract at a later date to continue into PhaseII of the project to complete the design of the project and provide construction support services for an amount not to exceed $ 2,000, 000.
3. Authorize the City Manager or designeeto executeall necessarydocuments.
M. APPROVE CONTRACT SERVICE AGREEMENT NO. 23I320 WITH
AVIATRIX COMMUNICATIONS, LLC FOR WEBSITE SUPPORT AND
MAINTENANCE SERVICES FOR PALM SPRINGS INTERNATIONAL
AIRPORT
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve Contract ServicesAgreement No. 23I320 with Aviatrix Communications, LLC to provide website support and maintenance services for the Palm Springs International Airport in an amount not to exceed $65,258 for an initial two- year term beginning September 1, 2023, through August 31, 2025; and authorize the City Manager or designeeto executeall necessarydocuments.
N. APPROVE AMENDMENT NO. 4 TO CONSULTING SERVICES AGREEMENT A5548 WITH HARRELL & COMPANY ADVISORS, LLC
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve Amendment No. 4 to Consulting Services Agreement No. A5548 with Harrell & Company Advisors LLC, approving an extension through October 31, 2026, for financial advising services in an amount not to exceed 236, 000.; and authorize the City Manager to execute all necessary documents.
O. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. A9148 WITH DOWNS
ENERGY FOR DELIVERY OF FUEL
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve Amendment No. 2 to Agreement A9148 with Downs Energy for delivery of fuel in an additional amount of $ 777,435.63 for a total City Council Minutes October 26, 2023
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revised contract amount not to exceed $3,477,435.63, over the five- year term; and authorize the City Manager to execute all necessary documents.
P. APPROVE CONTRACT CHANGE ORDER NO. 3 IN THE AMOUNT OF 63,698.20 FOR THE AIRPORT COMMON USE PODIUMS – BONO
CONCOURSE, CITY PROJECT 21- 28
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:
1. Approve Contract Change Order No. 3 with CALTEC, a California corporation, in the amount of $63,698.20 for the Airport Common Use Podiums – Bono Concourse, City Project No. 21- 28.
2. Authorize the City Manager or his designeeto executeall necessarydocuments.
3. Appropriate $ 63,698. 20 from the Airport Special Capital Projects fund balance.
Q. ADOPT A RESOLUTION APPROVING A DAY OF REMEMBRANCE
HONORING LAURA ANN CARLETON
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to adopt a Resolution No. 25152, entitled, “ A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING A DAY OF REMEMBRANCE HONORING LAURA ANN CARLETON.”
R. APPROVE CONTRACT SERVICES AGREEMENT NO. 23B224 WITH AL MILLER & SONS ROOFING CO., INC. FOR ON- CALL ROOFING REPAIR
AND INSTALLATION SERVICES FOR PALM SPRINGS INTERNATIONAL
AIRPORT
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve Contract Services Agreement No. 23B224 with Al Miller & Sons Roofing Co., Inc. to provide on- call roofing repair and installation servicesfor the Palm Springs International Airport in an amount not to exceed $900,000 for the initial three- year term beginning November 1, 2023, through October 31, 2026, with two one-year extension options at the City’s sole discretion.; and authorize the City Manager or designee to execute all necessary documents.
S. APPROVE CONTRACT SERVICES AGREEMENT NO. 23B223 WITH
SQUARE SIGNS LLC DBA FRONT SIGNS FOR ON- CALL SIGNAGE AND
WAYFINDING INSTALLATION AND REPAIR SERVICES FOR PALM
SPRINGS INTERNATIONAL AIRPORT
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve Contract Services Agreement 23B223 with SquareSignsLLC dba Front Signs to provide on-call signageand wayfinding installation and repair services for the Palm Springs International Airport in an amount not to exceed 600,000 for the initial three-year term beginning November 1, 2023, through October 31, 2026, with two one-year extension options at the City’ s sole discretion; and authorize the City Manager or designeeto executeall necessarydocuments.
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T. APPROVE AMENDMENT NO. 2 TO THE CONSULTING SERVICES
AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE
COACHELLA VALLEY ECONOMIC PARTNERSHIP FOR THE PALM
SPRINGS INNOVATION HUB AND ACCELERATOR CAMPUS FOR A
THREE- YEAR PERIOD
This item was removed from the Consent Calendar for separate discussion and consideredunder Excluded ConsentCalendar.
EXCLUDED CONSENT CALENDAR:
G. APPROVAL OF PROFESSIONAL SERVICE AGREEMENT NO. 23P319 WITH KOUNKUEY DESIGN INITIATIVE, INC. IN AN AMOUNT NOT TO EXCEED 325,000 TO UPDATE THE PARKS & RECREATION MASTER PLAN
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 4-0 ( COUNCILMEMBER MIDDLETON WAS NOT
PRESENT DURING THE VOTE), to approve Professional Services Agreement No. 23P319 with Kounkuey Design Initiative, Inc. to provide an update to the Parks & Recreation Master Plan for an amount not to exceed $325,000; and authorize the City Manager or designee to execute all necessary documents, as amended.
T. APPROVE AMENDMENT NO. 2 TO THE CONSULTING SERVICES
AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE
COACHELLA VALLEY ECONOMIC PARTNERSHIP FOR THE PALM
SPRINGS INNOVATION HUB AND ACCELERATOR CAMPUS FOR A
THREE- YEAR PERIOD
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR GARNER, CARRIED 5-0, to approve Amendment No 2 to the Consulting ServicesAgreement for the operation of the Palm Springs iHub with the Coachella Valley Economic Partnership in an amount of $ 200,000 for an additional one-year term beginning July 1, 2023, and continuing until June 30, 2024, with two one- year options; and authorize the City Manager to executeall necessarydocuments.
2. PUBLIC HEARINGS: None.
3. BUSINESS & LEGISLATIVE:
A. REQUEST TO AMEND CHAPTER 6.15 OF THE PALM SPRINGS MUNICIPAL
CODE RELATING TO MOBILE FOOD VENDING VEHICLE REGULATIONS The item was continued.
The agenda was reordered to allow Councilmember Holstege the ability to participate.
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CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT:
City Manager Stiles and the City Council discussed the tentative upcoming meeting schedule and agendaitems. Mayor Garner, Mayor Pro Tem Bernstein, and Councilmembers deHarte, Holstege, and Middleton provided comments.
RECESS/ RECONVENE:
The City Council recessed at 8:07 p.m. and reconvened at 8:17 p.m., with Councilmember Holstege absent.
Mayor Garner; Mayor Pro Tem Jeffrey Bernstein; and Councilmembers Ron deHarte and Lisa Middleton were present.
3. BUSINESS & LEGISLATIVE – CONTINUED
B. REPORT ON STATE OF CANNABIS AND POSSIBLE DIRECTION
REGARDING SAME; URGENCY ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, ADOPTING AN IMMEDIATE MORATORIUM ON
CITY APPROVAL OF NEW APPLICATIONS AND TRANSFERS PERMITS TO
ENGAGE IN CANNABIS RETAIL FOR CONSIDERATION OF APPROPRIATE
AMENDMENTS TO THE MUNICIPAL CODE IN ACCORDANCE WITH
GOVERNMENT CODE SECTIONS 65858 ( 4/5TH Vote Required)
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 4-0 ( WITH RECUSAL FROM COUNCILMEMBER HOLSTEGE), to receive the report from City Staff and provide direction to Staff as appropriate; and, waive the reading of the text in its entirety, readby title only, and adopt an urgency Ordinance No. 2085, entitled, “ AN INTERIM URGENCY
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A
TEMPORARY MORATORIUM ON CITY APPROVAL OF NEW APPLICATIONS
AND TRANSFER FOR PERMITS TO ENGAGE IN CANNABIS RETAIL FOR
CONSIDERATION OF APPROPRIATE AMENDMENTS TO THE MUNICIPAL CODE IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 65858 (4/5TH Vote Required).”
PUBLIC COMMENT:
Brad Anderson, Zachary Daniel Stone, Alejandro Meza Aguilar, and David Rios provided oral testimony.
ADJOURNMENT:
The City Council adjourned the meeting of Thursday, October 26, 2023 , at 9:11 p.m.
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Respectfully submitted,
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: 11/ 09/ 2023