City of Palm Springs DRAFT Page 1
Thursday, June 27, 2024
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
CALL TO ORDER:
A Regular Meeting of the Palm Springs City Council was called to order by Mayor Bernstein on Thursday, June 27, 2024, at 5: 30 p.m.
PLEDGE OF ALLEGIANCE:
Amani Johnson, an elementary school student, led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmember Grace Elena Garner, Mayor Pro Tem Ron deHarte, and Mayor Jeffrey Bernstein.
Absent: Councilmembers Christy Holstege and Lisa Middleton.
City Staff
Present: Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; Flinn Fagg, Deputy City Manager; Jeremy Hammond, Deputy City Manager; Ryan Guiboa, City Attorney; Andrew Mills, Chief of Police; and Brenda Pree, City Clerk, were present at Roll Call. Other staff memberspresentedreportsor respondedto questionsasindicatedin the minutes.
PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES:
A. NAVIGATION CENTER UPDATE, MARTHA' S VILLAGE & KITCHEN Martha’ s Village and Kitchen’ s Chief Operating Officer, Rosa Verduzco, provided an update on the Navigation Center.
B. PALM SPRINGS ART MUSEUM FREE THURSDAY NIGHT PROGRAM
Palm Springs Art Museum’ s Chief Education and Community Engagement Officer, Luisa Heredia, provided a presentation.
C. PARKS MASTER PLAN UPDATE
Director Wise and Kounkuey Design Initiative’ s Senior Community Associate Christian Rodriguez Ceja, and CEO & Founding Principal, Chelina Odbert, provided a presentation.
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ACCEPTANCE OF THE AGENDA:
MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 3-0, to acceptthe agendawith removal of ConsentCalendar Item No. 1G for separatediscussion.
REPORT OF CLOSED SESSION:
The Closed Sessionof the City Council of June 27, 2024, was called to order by Mayor Bernstein at 4:00 p.m.
The meeting convened into Closed Session to discuss the following items as listed on the Closed Session Meeting Agenda, with the following City Attorney report: the City Council approved the initiation of a receivership action for a property located at 426 W Avenida Cerca; with no other reportable action.
CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION, Pursuantto Government Code Section 54956.9(d)(2)
Under existing facts and circumstances, there was one ( 1) matter.
CONFERENCE WITH LEGAL COUNSEL – INITIATION OF TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(4)
Under existing facts and circumstances, there were two ( 2) matters.
PUBLIC TESTIMONY: None.
1. CONSENT CALENDAR:
MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 3-0, to approve the consentcalendarwith removal of Item No. 1G for separatediscussion.
A. APPROVAL OF MINUTES
MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 3-0, to approve the City Council Meeting Minutes of April 25, 2024, and May 9, 2024.
B. APPROVE CONTRACT SERVICES AGREEMENT NO. 24B133 WITH WEST COAST ARBORISTS, INC. FOR VEGETATION MANAGEMENT SERVICES
MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 3-0, to:
1. Approve Contract Services Agreement 24B133 with West Coast Arborists, Inc. to provide vegetation managementservicesin an amount not to exceed $183,000 for the initial one-year term beginning July 1, 2024, through June 30, 2025, with two one-year extension options at the City’s sole discretion;
2. Appropriate $ 183, 000 from Safety Fund 1216010 to Contractual Services;
3. Authorize the City Manager or designeeto executeall necessarydocuments.
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C. APPROVE AMENDMENT NO. 1 TO THE LEASE WITH DESERT ART CENTER OF THE COACHELLA VALLEY, INC., LOCATED AT 550 NORTH PALM CANYON
DRIVE AT FRANCES STEVENS PARK EXERCISING THE OPTION TO EXTEND THE LEASE AN ADDITIONAL FIVE ( 5) YEARS
MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 3-0, to approve Amendment No. 1 to the Lease with Desert Art Center of the Coachella Valley, Inc., to extend the term an additional five years; and authorize the City Manager or his designee to execute all necessary documents.
D. RESOLUTION ACKNOWLEDGING RECEIPT OF, AND ACCEPTING, THE FIRE DEPARTMENT’ S REPORT ON COMPLIANCE WITH STATE INSPECTION
MANDATES
MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 3-0, to adopt Resolution No. 25219, entitled “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACKNOWLEDGING RECEIPT OF, AND ACCEPTING, THE FIRE DEPARTMENT’ S REPORT ON COMPLIANCE WITH STATE INSPECTION MANDATES”; and authorize the City Manager to executeall necessarydocuments.
E. APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT NO. 23P173 WITH KIMLEY- HORN AND ASSOCIATES, INC., IN THE AMOUNT OF 100,000 FOR THE DEMUTH PARK PICKLEBALL COURT EXPANSION, CITY PROJECT NO. 22- 24
MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 3-0, to approve Amendment No. 1, in the amount of $ 100,000, to Professional Services Agreement No. 23P173, for a new not- to- exceed amount of $ 261, 395 with Kimley- Horn and Associates, Inc. for the Demuth Park Pickleball Expansion, City Project No. 22-24; and authorize the City Manager to execute all necessary documents.
F. APPROVE CONSTRUCTION AGREEMENT NO. 24B121 WITH NATA
CONSTRUCTION, INC. FOR BLEACHERS AT PALM SPRINGS BASEBALL
STADIUM
MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 3-0, to approve Construction Contract Agreement 24B121 with Nata Construction, Inc. to provide bleachers for the Palm Springs Power Baseball Stadium for an amount not to exceed $182,315.16; and authorize the City Manager or their designeeto execute all necessary documents.
G. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS CITYWIDE FOR FISCAL YEAR 2024-2025 This item was removed from the Consent Calendar for separatediscussion and considered under Excluded Consent Calendar.
H. APPROVAL OF PLANS, SPECIFICATIONS & ESTIMATE ( PS& E) AND City Council Minutes June27, 2024
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AUTHORIZATION TO BID 2024 SLURRY SEAL, CITY PROJECT 24-02
MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 3-0, to approve the plans, specifications and estimateand authorize Staff to advertise and solicit bids for the 2024 Slurry Seal, City Project 24- 02; and authorize the City Manager to executeall necessarydocuments to award a construction contract and task order while the City Council is on August break. No construction contract will be awarded above what is budgeted for the 2024 Slurry Seal, City Project 24-02.
I. A REQUEST BY CGR DEVELOPMENT ON BEHALF OF SPROUTS FARMERS
MARKET FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY ( PCN) TO SELL BEER AND WINE FOR OFF- PREMISES CONSUMPTION ( TYPE 20 – OFF-
SALE BEER & WINE) AT A NEW GROCERY STORE, SPROUTS FARMERS MARKET, LOCATED AT 5200 EAST RAMON ROAD BUILDING B ( APN: 677-420- 058), ZONE PD- 291, SECTION 17 (CASE PCN- 2024- 0001)
MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 3-0, to adopt Resolution No. 25222, entitled “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT
PUBLIC CONVENIENCE OR NECESSITY WOULD BE SERVED BY THE ISSUANCE OF A TYPE 20 (OFF-SALE BEER & WINE) ALCOHOLIC BEVERAGE CONTROL LICENSE FOR SPROUTS FARMERS MARKET LOCATED AT 5200 EAST RAMON ROAD BUILDING B WITHIN CENSUS TRACT NO. 447.02.”
J. A REQUEST BY TRACY INSCORE, ON BEHALF OF WALMART, INC., FOR A
RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY ( PCN) FOR A NEW WALMART FUEL STATION AND CONVENIENCE STORE WITH A TYPE 20 LIQUOR LICENSE LOCATED AT 585 LAWRENCE CROSSLEY ROAD ( APN: 680- 170-060), ZONE M1, ( CASE PCN- 2024-0002)
MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 3-0, to adopt Resolution No. 25223, entitled “ A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT
PUBLIC CONVENIENCE OR NECESSITY WOULD BE SERVED BY THE ISSUANCE OF A TYPE 20 ( OFF-SALE BEER AND WINE) ALCOHOLIC BEVERAGE CONTROL
LICENSE FOR WALMART FUEL STATION AND CONVENIENCE STORE, LOCATED AT 585 LAWRENCE CROSSLEY ROAD WITHIN CENSUS TRACT NO. 9410.02.” EXCLUDED CONSENT CALENDAR:
G. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS CITYWIDE FOR FISCAL YEAR 2024- 2025
MOTION BY MAYOR BERNSTEIN, SECOND BY COUNCILMEMBER GARNER, CARRIED 3-0, to:
1. Adopt Resolution No. 25220, entitled “ A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE PREPARATION OF AND GIVING PRELIMINARY APPROVAL OF THE ENGINEER’ S REPORT REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 3, AND City Council Minutes June27, 2024
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PARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 (ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12, TO ESTABLISH ANNUAL
ASSESSMENTS AND THE LEVY AND COLLECTION RELATED THERETO FOR FISCAL YEAR 2024/2025;” and
2. Adopt Resolution No. 25221, entitled “ A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON JULY 25, 2024, REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 3, AND PARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 ( ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12, AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2024/ 2025.”
2. PUBLIC HEARINGS:
A. RESOLUTION CONFIRMING THE REPORT OF THE PALM SPRINGS SMALL
HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD, LEVYING THE FISCAL YEAR 2024- 25 ASSESSMENT, AND CONDUCT OF
PROTEST PROCEEDINGS
Michael Green provided oral testimony.
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 3-0, to open the public hearing and receive public testimony; and adopt Resolution No. 25224, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF THE PALM
SPRINGS TOURISM SMALL HOTEL BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD AND LEVYING AN ASSESSMENT FOR FISCAL YEAR 2024- 25 IN
CONNECTION WITH THE PALM SPRINGS TOURISM SMALL HOTEL BUSINESS IMPROVEMENT DISTRICT.”
B. GENERAL FUND FISCAL YEAR 2024- 25 ADJUSTED CONTINUATION BUDGET
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 3-0, to:
1. Open the public hearing and accept public testimony on the FY25 Continuation Budget.
2. Adopt Resolution No. 25225, entitled “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2024 -2025; AND ADOPTING THE PUBLICLY AVAILABLE PAY SCHEDULES.”
3. Adopt Resolution No. 25226, entitled “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A BUDGET FOR FISCAL YEAR 2024-2025 AND SUCH OTHER MATTERS AS REQUIRED.”
4. Adopt Resolution No. 25227, entitled “ A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS CAPACITY
AS THE SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY
REDEVELOPMENT AGENCY, APPROVING THE SUCCESSOR AGENCY BUDGET FOR FISCAL YEAR 2024- 2025, AND OTHER SUCH MATTERS AS REQUIRED.”
5. Adopt Resolution No. 25228, entitled “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN APPROPRIATIONS City Council Minutes June27, 2024
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LIMIT FOR FISCAL YEAR 2024-2025 ENDING ON JUNE 30, 2025.”
6. Direct the City Manager and Director of Finance and Treasury to make the appropriate modifications to the budget and prepare the final budget document for Fiscal Year FY) 2024-2025. The amendmentsinclude the following directives: 1) carry over any unused discretionary funds from Fiscal Year 2024 to Fiscal Year 2025; 2) allocate an annual amount of $300,000 to fund the Art Museum's "FreeThursday Night Program," with $50,000 sourced from the Public Art Fund and $250, 000 from the General Fund; and 3) include a placeholder of $75,000 for Desert X pending further discussion with Desert X organizers.
3. BUSINESS & LEGISLATIVE:
A. RESOLUTIONS TO PLACE A MEASURE ON THE NOVEMBER 5, 2024, GENERAL MUNICIPAL ELECTION BALLOT TO EXTEND THE TERM OF MEASURE “ J”,
ADOPTING RESOLUTIONS REGARDING UPDATES TO THE SALES TAX ORDINANCE; TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH
THE STATEWIDE GENERAL ELECTION, AND TO SET THE DEADLINE AND
RULES FOR PRIMARY ARGUMENTS AND REBUTTAL ARGUMENTS
REGARDING THE MEASURE
A supermajority vote is required to place the measureon the ballot; consequently, no action was taken, and the item was continued to the City Council meeting of July 9, 2024.
PUBLIC COMMENT:
Abraham Ishaq provided non- agenda 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 Pro Tem deHarte and Mayor Bernstein provided comments. At the request of Mayor Pro Tem deHarte, a consensuswas reached to include the following items on upcoming agendas: 1) a Consent Calendar item regarding the feasibility of the potential flag pole installation at the Arenas Business District; 2) a ConsentCalendaritem and presentationon the Shop Local Program; and 3) a ConsentCalendaritem regarding the Old Las Palmas Neighborhood public art sculptures.
ADJOURNMENT:
The City Council adjourned the meeting of Thursday, June 27, 2024, at 7:45 p.m.
Respectfully submitted,
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: 9/26/ 2024