City of Palm Springs Page 1
Thursday, September 26, 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, September 26 , 2024, at 5:33 p.m.
PLEDGE OF ALLEGIANCE:
Brent Francisco, a high school student, led the Pledgeof Allegiance.
ROLL CALL:
Present: Councilmembers Christy Holstege, Grace Elena Garner, and Lisa Middleton; Mayor Pro Tem Ron deHarte; and Mayor Jeffrey Bernstein.
Absent: None.
City Staff
Present: ScottStiles, City Manager; TeresaGallavan, AssistantCity Manager; Flinn Fagg, Deputy City Manager; Jeremy Hammond, Deputy City Manager; Jeff Ballinger, City Attorney; Kyle Stjerne, Police SergeantIII; andBrendaPree, City Clerk were presentat Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.
PRESENTATIONS: None.
ACCEPTANCE OF THE AGENDA:
MOTION BY MAYOR BERNSTEIN, SECOND BY COUNCIL MEMBER GARNER, CARRIED 5-0, to acceptthe agenda.
REPORT OF CLOSED SESSION:
The Closed Sessionof the City Council of September26, 2024, was called to order by Mayor Bernstein at 4:01 p.m.
The meeting convened into Closed Session to discuss the following items as listed on the Closed Session Meeting Agenda, with no reportable action.
CONFERENCE WITH LEGAL COUNSEL— SIGNIFICANT EXPOSURE, Pursuantto Government Code Section 54956. 9(d)( 2):
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Under existing facts and circumstances, there was one (1) matter.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuantto Government Code Section 54956. 8:
Property:
City Negotiator:
Negotiating parties:
Under negotiation:
124 S. Palm Canyon Drive. Palm Springs, CA 92262
Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; and Jeff Ballinger, City Attorney
Grit Development, LLC; Kalura Trattoria, Inc.
Price and Terms
PUBLIC TESTIMONY:
Jocelyn Kane and Scott Rusczyk provided oral testimony.
1. CONSENT CALENDAR:
MOTION BY COUNCIL MEMBER MIDDLETON, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to approve the consent calendar
A. APPROVAL OF MINUTES: JUNE 27, JULY 9, AND JULY 25, 2024.
MOTION BY COUNCIL MEMBER MIDDLETON, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to approve the City Council Meeting Minutes of June 27, July 9, and July 25, 2024.
B. A RESOLUTION ADOPTING AN AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974
MOTION BY COUNCIL MEMBER MIDDLETON, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to adopt a Resolution No. 25247, entitled, “ A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN
AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974.”
C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF AUGUST 1 THROUGH AUGUST 31, 2024.
MOTION BY COUNCIL MEMBER MIDDLETON, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of August 1 through August 31, 2024.
D. APPROVE GOODS PURCHASE AGREEMENT 24B217 WITH VOGEL TRAFFIC SERVICES, INC. FOR TRUCK MOUNTED STRIPING MACHINE FOR PALM
SPRINGS INTERNATIONAL AIRPORT
MOTION BY COUNCIL MEMBER MIDDLETON, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to approve Contract Services Agreement 24B217 with Vogel Traffic Service, Inc. to provide Truck Mounted Striping Machine for Palm Springs International City Council Minutes September26, 2024
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Airport in an amount not to exceed $421,557; and authorize the City Manager or designeeto executeall necessarydocuments.
E. APPROVE GOODS PURCHASE AGREEMENT NO. 24B215 WITH 8540527 CANADA INC., DBA NIU TOILET FOR RESTROOM TRAILERS FOR PALM SPRINGS
INTERNATIONAL AIRPORT
MOTION BY COUNCIL MEMBER MIDDLETON, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to approve Goods Purchase Agreement 24B215 with 8540527 Canada Inc. / D.B.A. NIU Toilet to provide two ( 2) multi- station and two ( 2) single-station restroom trailers for Palm Springs International Airport in an amount not to exceed $ 213, 600; and authorize the City Manager or designeeto executeall necessarydocuments.
F. ACCEPTANCE OF PLAYGROUND AND SHADE STRUCTURE EQUIPMENT
INSTALLATION AT DEMUTH AND VICTORIA PARKS
MOTION BY COUNCIL MEMBER MIDDLETON, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to Accept the public works improvement identified as purchaseof playground and shade structures and installation for Demuth and Victoria Parks, as completed in accordance with the Construction Contract; and authorize the Director of Public Works to execute and file for recordation with the Riverside County Recorder a Notice of Completion for purchaseof playground and shadestructuresand installation for Demuth and Victoria Parks.
G. APPROVE CONTRACT SERVICES AGREEMENT NO. 24B211 WITH DÉCOR IQ,
LLC FOR HOLIDAY DECORATIONS FOR PALM SPRINGS INTERNATIONAL
AIRPORT
MOTION BY COUNCIL MEMBER MIDDLETON, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to:
1. Approve Contract Services Agreement No. 24B211 with Décor IQ, LLC to provide holiday decorations, installation, and storage services for the Palm Springs International Airport in an amount not to exceed $118,632.37 for the initial three-year term beginning September 30, 2024, through September 29, 2027, with two one-year extension options at the City’s sole discretion.
2. Authorize the City Manager or designee to execute all necessary documents.
H. APPROVAL OF AMENDMENT NO. 3 TO CONTRACT SERVICES AGREEMENT NO.
A8535 WITH ABM AVIATION, INC. FOR PARKING MANAGEMENT SERVICES AT
THE PALM SPRINGS INTERNATIONAL AIRPORT
MOTION BY COUNCIL MEMBER MIDDLETON, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to:
1. Approve Amendment No. 3 to Contract Services Agreement A8535 with ABM Aviation, Inc., for year-round parking lot shuttle services, to increaseparking staff, and to extend the Agreement term for one year, June 1, 2025 to May 31, 2026, for an additional amount of 2,674,475 and a total revised contract amount not to exceed $6,945,271.
2. Authorize the City Manager or designee to execute all necessary documents.
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I. APPROVE AMENDMENT NO. 2 TO MAINTENANCE AGREEMENT NO. A8310 WITH SIGNATURE TECHNOLOGIES, INC. DBA COM- NET SOFTWARE TO
PROVIDE SOFTWARE, MAINTENANCE, AND SERVICES FOR FLIGHT
INFORMATION SYSTEMS DISPLAY SOFTWARE AT THE PALM SPRINGS
INTERNATIONAL AIRPORT
MOTION BY COUNCIL MEMBER MIDDLETON, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to:
1. Approve Amendment No. 2 to Maintenance Agreement No. A8310 ( Agreement) with Signature Technologies, Inc. dba Com-Net Software ( Com-Net) to reflect a name change; to allow the City to terminate the Agreement upon 30 days prior written notice; to retroactively remove the yearly automatic renewal of the Agreement as of June 30, 2024; to extend the term for one year for July 1, 2024, to June 30, 2025; and to increase the compensationfor a month-to-month subscription pricing structure, for an additional amount of $ 38,304, for a total revised Agreement amount not to exceed $ 136, 704.
2. Authorize the City Manager or designeeto sign all necessarydocuments.
J. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY- HORN AND ASSOCIATES, INC., A NORTH CAROLINA CORPORATION, IN THE AMOUNT OF $312,591.26 FOR THE HIGHWAY SAFETY IMPROVEMENT PROJECT CYCLE 11), FEDERAL- AID PROJECT NO. HSIPL- 5282( 051), CITY PROJECT NO. 23-12
MOTION BY COUNCIL MEMBER MIDDLETON, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to:
1. Approve Professional ServicesAgreement with Kimley- Horn and Associates, Inc., a North Carolina corporation, in the amount of $ 312, 591. 26 for environmental and engineering design services for the Highway Safety Improvement Program (HSIP) Cycle 11 Traffic Safety Enhancements at nine ( 9) Intersections, Federal- Aid Project No. HSIPL- 5282 ( 051), City Project No. 23-12;
2. Appropriate $ 150, 000 from the Capital fund balance; and,
3. Authorize the City Manager to executeall necessarydocuments.
K. SECOND READING AND ADOPTION OF ORDINANCE NO. 2102 AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 6.10.082 REGARDING SMOKING
PROHIBITIONS AT THE PALM SPRINGS INTERNATIONAL AIRPORT
MOTION BY COUNCIL MEMBER MIDDLETON, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to waive the second reading of the ordinance text in its entirety, read by title only, and adopt Ordinance No. 2102, entitled, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 6.10.082 OF THE
PALM SPRINGS MUNICIPAL CODE REGARDING SMOKING PROHIBITIONS AT THE PALM SPRINGS INTERNATIONAL AIRPORT.”
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L. APPROVAL OF AN ALL- WAY STOP INTERSECTION WITHIN THE PALM
SPRINGS INTERNATIONAL AIRPORT PROPERTY
MOTION BY COUNCIL MEMBER MIDDLETON, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to adopt Resolution No. 25248, entitled “ A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING
THE CITY ENGINEER TO ESTABLISH AN ALL- WAY STOP CONTROLLED
INTERSECTION AT KIRK DOUGLAS WAY AND THE PARK AND CALL LOT DRIVEWAY ENTRANCE, IN ACCORDANCE WITH SECTION 12.16.030 OF THE PALM SPRINGS MUNICIPAL CODE.”
M. APPROVE AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT NO.
A9173 IN THE AMOUNT OF $ 89,313 FOR ADDITIONAL CONSTRUCTION
ADMINISTRATION SERVICES WITH ARCHITECTURAL RESOURCES GROUP, INC., FOR PLAZA THEATRE DESIGN SERVICES
MOTION BY COUNCIL MEMBER MIDDLETON, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to:
1. Approve Amendment No. 3 for additional construction administrative support to Professional Services Agreement No. A9173 – Plaza Theatre Design Services in the amount of $ 89,313 for a new not to exceed amount of $ 1,179,187.
2. Authorize the City Manager or their designeeto executeall necessarydocuments.
N. A REQUEST BY THE OWNERS OF FOUR HISTORIC PROPERTIES FOR
APPROVAL OF MILLS ACT HISTORIC PROPERTY PRESERVATION
AGREEMENTS, INCLUDING THREE UNITS WITHIN THE OCOTILLO LODGE HISTORIC DISTRICT ( HD- 11) AT 1111 EAST PALM CANYON DRIVE, UNITS 301, 344, AND 353; AND THE ALVAH AND TERESA HICKS RESIDENCE, A CLASS 2 HISTORIC SITE ( HSPB 155) LOCATED AT 701 NORTH PATENCIO ROAD
MOTION BY COUNCIL MEMBER MIDDLETON, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to:
1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and the owners of the following list of properties:
a) 1111 E. Palm Canyon, Unit 301 ( Ocotillo Lodge), APN: 511- 035- 046. b) 1111 E. Palm Canyon, Unit 344 (Ocotillo Lodge), APN: 511-035-086. c) 1111 E. Palm Canyon, Unit 353 ( Ocotillo Lodge), APN: 511- 035- 095. d) 701 N. PatencioRoad (Koerner Residence), APN: 505-291-005.
2. Authorize the City Manager to execute the Agreements.
3. Direct the City Clerk to record the Agreements with the County of Riverside.
O. APPROVE CONTRACT SERVICES AGREEMENT NO. 24B132 WITH ADAM A.
CAMPOS DBA GRAPHICS MFG FOR ROADWAY POLE BANNERS,
REPLACEMENT PARTS, AND SERVICES FOR PALM SPRINGS INTERNATIONAL
AIRPORT
MOTION BY COUNCIL MEMBER MIDDLETON, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to approve Contract Services Agreement No. 24B132 with Adam A. Campos, dba Graphics MFG, to provide roadway pole banners, replacement parts and services City Council Minutes September26, 2024
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for the Palm Springs International Airport in an amount not to exceed $329,250 for the initial three-year term beginning September30, 2024, through September29, 2027, with two one-year extension options at the City’ s sole discretion; and authorize the City Manager or designee to executeall necessarydocuments.
P. APPROVE CONTRACT SERVICES AGREEMENT NO. 24B230 WITH WGJ ENTERPRISES INC., DBA PCI FOR ON- CALL AIRPORT RUBBER AND PAINT
REMOVAL AND APPLICATION SERVICES FOR PALM SPRINGS
INTERNATIONAL AIRPORT
MOTION BY COUNCIL MEMBER MIDDLETON, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to approve Contract Services Agreement 24B230 with WGJ Enterprises Inc., dba PCI to provide on- call Airport rubber and paint removal and application servicesfor the Palm Springs International Airport in an amount not to exceed $4,500,000 for the initial three- year term beginning October 1, 2024, through September 30, 2027, with two one- year extensionoptions at the City’s sole discretion; and authorize the City Manager, or designee, to execute all necessary documents.
EXCLUDED CONSENT CALENDAR: None.
2. PUBLIC HEARINGS: None.
3. BUSINESS & LEGISLATIVE:
A. INTRODUCTION OF ORDINANCE NO. 2103, ENTITLED “ AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 12.20.030 TO THE PALM SPRINGS MUNICIPAL CODE,
RELATING TO THE ESTABLISHMENT OF PRIMA FACIE SPEED LIMITS AT THE PALM SPRINGS INTERNATIONAL AIRPORT”
MOTION BY MAYOR BERNSTEIN, SECOND BY COUNCIL MEMBER HOLSTEGE, CARRIED 3-2 ( COUNCIL MEMBER MIDDLETON AND MAYOR PRO TEM DEHARTE VOTING NO), to waive the reading of the Ordinance text in its entirety and read by title only; and introduce first reading Ordinance No. 2103, entitled, “ AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 12.20.030 TO THE PALM SPRINGS MUNICIPAL
CODE, RELATING TO THE ESTABLISHMENT OF PRIMA FACIE SPEED LIMITS AT THE PALM SPRINGS INTERNATIONAL AIRPORT.”
B. DISCUSSION REGARDING CANNABIS TEMPORARY EVENTS
No action was taken; the City Council provided direction to staff.
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C. WATER CONSERVATION AND HISTORIC LANDSCAPE RESTORATION OPPORTUNITY AT THE PALM SPRINGS CITY HALL, ( CLASS 1 HISTORIC SITE # HSPB 33B), ON A 9.74- ACRE PARCEL LOCATED AT 3200 E. TAHQUITZ CANYON WAY, ZONE “ CU” ( CIVIC USES), ( APN 502-150-005) ( PLANNING CASE # HSPB 33D)
MOTION BY MAYOR BERNSTEIN, SECOND BY COUNCIL MEMBER HOLSTEGE, CARRIED 5-0, to approve the project.
PUBLIC COMMENT:
Phyllis Burgess , Cheryl Taylor, Areva Martin, Tomeeka Grizzell, Pearl Devers, Steven Wijatyk, Mickey Brown, Michael Joseph Pitkin, Linda Reagins, Sharon Hendricks, Diane Johnson, Gloria Gonzales, SarenaNelson, StephanieBrown, Abdul Salaam, Dr. JesseNeimeyer-Romero, Abraham Ishaq, Alejandro De La Cruz , Donald Roy , Jacqueline Nevils , Milton Roy , Kimberly Esse, Lawrence Williams, Karen Sylvester, Charles Metcalf, Lawanda Roy, and Gloria Holland- Thompson 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.
ADJOURNMENT:
The City Council adjourned the meeting of Thursday, September 26, 2024, at 8:34 p.m.
Respectfully submitted,
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: 10/10/2024