City of Palm Springs Page 1
Thursday, October 10, 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, October 10, 2024, at 5:37 p.m.
PLEDGE OF ALLEGIANCE:
Fallon Whalen, a high school student, led the Pledge of 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: Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; Flinn Fagg, Deputy City Manager; Jeremy Hammond, Deputy City Manager; Jeff Ballinger, 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 :
A. HUNGER ACTION MONTH BY FIND FOOD BANK
Debbie Espinoza, President and CEO of Find Food Bank, provided a presentation.
Mayor Bernstein made the following announcements:
September27thwas proclaimed as Thompson Hotel Day in honor of the grand opening of the much - anticipated Thompson Palm Springs.
The individuals honored with the 2024 Pride Honors Award were:
o Spirit of Pride Award: John Taylor
o Spirit of Stonewall Businessof Pride Awards: ShannonAnderson o Spirit of Stonewall Volunteer of the Year: DeeAnn Hopings o Spirit of Stonewall Advocate of the Year: DAP Health
o Spirit of Stonewall Community Leadership: Jasmine Sullivan Waits o Spirit of Stonewall Arts & Culture Award: Marconi Calindas-Cafege o Spirit of Stonewall Friend of Pride: Andrew and Cathy Mills City Council Minutes October 10, 2024
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ACCEPTANCE OF THE AGENDA:
MOTION BY COUNCIL MEMBER GARNER, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to accept the agenda with removal of Consent Calendar Item No. 1F for separate discussion, and removal and continuance of Consent Calendar Item No. 1E.
REPORT OF CLOSED SESSION:
The Closed Sessionof the City Council of October 10, 2024, was called to order by Mayor Bernstein at 12:32 p.m.
CLOSED SESSION PUBLIC TESTIMONY:
Rabbi David Lazar, Wallace Allen, Joy Zavarich, Pearl Devers, Kris Benz, Brian Saber, Veronica Rogers, Gloria Gonzalez, David Weiner, Deiter Crawford, Randy Roy, LaWanda Roy, JesseBalderas, Donald Roy, Robin Brown, Johnnie McKinley, Kimberly Esse, Gloria Thompson, Shirley Tribble, Ophelia Howard, Paulette Green, Gary Grizell, Ben Mayfield, and Ted Barajas provided closed session oral testimony.
The meeting convened into Closed Session to discuss the following items as listed on the Closed Session Meeting Agenda, with no legally reportable action:
CONFERENCE WITH LEGAL COUNSEL— SIGNIFICANT EXPOSURE, Pursuantto Government Code Section 54956. 9(d)( 2):
Under existing facts and circumstances, there was one ( 1) matter.
MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5- 0, to add the following items to the Closed Sessionagenda:
CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION, Pursuant to Government Code Section 54956. 9(d)( 1):
City of Palm Springs v. Desert Community College District, Riv. Sup. Ct., No. CVPS2203916.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54956.8:
Property:
City Negotiator:
Negotiating parties:
Under negotiation:
119.4 acresof real property located on the Northwest Corner of Indian Canyon Drive and Tramview Road.
Scott Stiles, City Manager; Flinn Fagg, Deputy City Manager; and Jeffrey Ballinger, City Attorney.
Desert Community College District.
Price and Terms.
PUBLIC TESTIMONY:
Marcus Fuller provided oral testimony.
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1. CONSENT CALENDAR:
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to approve the Consent Calendar with removal of Item No. 1F for separatediscussion, and removal and continuance of Consent Calendar Item No. 1E.
A. APPROVAL OF MINUTES: SEPTEMBER 12 AND SEPTEMBER 26, 2024
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to approve the City Council Meeting Minutes of September 12, 2024, and September26, 2024.
B. AUTHORIZE A TASK ORDER WITH CAROLLO ENGINEERS, INC. IN THE AMOUNT OF $ 151, 250 PURSUANT TO AGREEMENT A8563 FOR ADDITIONAL
PROFESSIONAL SERVICES FOR ELECTRICAL MODIFICATIONS ASSOCIATED
WITH THE WASTERWATER TREATMENT PLANT ODER CONTROL
IMPROVEMENTS, CITY PROJECT NO. 23-16
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to:
1. Authorize the City Managerto approvea Task Order in the amount of $151,250 for additional professional services of odor control improvement with Carollo Engineers, Inc., an ‘on- call’ firm for wastewaterservices, during design;
2. Appropriate $ 151, 250 from the Wastewater Fund Balance; and
3. Authorize the City Manager or his designeeto executeall necessarydocuments.
C. REJECT ALL BIDS RECEIVED FOR THE HIGHWAY SAFETY IMPROVEMENT PROGRAM ( HSIP) CYCLE 9 TRAFFIC SIGNAL IMPROVEMENTS, FEDERAL AID PROJECT NO. HSIPL- 5282 (049), CITY PROJECT NO. 18-05
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to:
1. Reject the construction bids received on August 8, 2024, for the HSIP Cycle 9 Traffic Signal Improvements, Federal Aid Project No. HSIPL- 5282( 049), City Project No. 18- 05; and
2. Authorize Staff to re-bid the Project.
D. APPROVE INSTALLATION OF NEW CIRCUITS FOR EAST TAHQUITZ CANYON WAY MEDIAN ART PADS IN THE AMOUNT OF $ 32,606. 19
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to:
1. Appropriate $ 32,606. 19 of Public Art Funds from the Public Art Fund Balance to the Fiscal Year 2025 Public Arts Fund Repairs and Maintenance account.
2. Approve expenditure of $ 32,606. 19 of Public Art Funds for new electrical circuits for the EastTahquitz Canyon Way Median art padsin an amount not to exceed $32,606.19.
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E. APPROVE CONTRACT SERVICE AGREEMENTS NO. 24B235 WITH CAT CITY AUTO BODY INC., AND 24B236 WITH MARVIN’ S AUTO PAINT INC., DBA FOR
AUTO BODY REPAIR SERVICES
The item was removed from the consent calendar and continued to a future meeting of the City Council.
F. APPROVE CONSTRUCTION CONTRACT NO. 24C242 WITH MIRACLE RECREATION EQUIPMENT COMPANY AND CONSTRUCTION CONTRACT NO. 24C248 WITH SHADE STRUCTURES, INC., DBA USA SHADE & FABRIC
STRUCTURES FOR THE PURCHASE AND INSTALLATION OF PLAYGROUND
EQUIPMENT AND SHADE STRUCTURES AT RUTH HARDY PARK
This item was removed from the ConsentCalendarfor separatediscussionand consideredunder Excluded Consent Calendar.
G. APPROVE CONTRACT SERVICES AGREEMENT NO. 24P239 WITH ON DUTY
HEALTH, PC FOR PALM SPRINGS POLICE DEPARTMENT ANNUAL PHYSICAL
AND WELLNESS ASSESSMENTS
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to:
1. Approve Contract Services Agreement No. 24P239 with On Duty Health, PC to provide Palm Springs Police Department annual physical and wellness assessmentsfor a three-year term in an amount not to exceed $ 146, 775 beginning October 14, 2024 through October 13, 2027, with two one-year extension options at the City’s sole discretion; and
2. Authorize the City Manager or designee to execute all necessary documents.
H. APPROVE CONTRACT SERVICES AGREEMENT NO. 24P238 WITH ON DUTY
HEALTH, PC FOR NFPA COMPLIANT ANNUAL PHYSICAL AND WELLNESS
ASSESSMENTS
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to:
1. Approve Contract Services Agreement No. 24P238 with On Duty Health, PC to provide NFPA compliant annual physical and wellness assessmentsfor a three-year term in an amount not to exceed $ 413, 895. 60 beginning October 14, 2024 through October 13, 2027, with two one-year extension options at the City’s sole discretion; and
2. Authorize the City Manager or designee to execute all necessary documents.
I. APPROVE CONTRACT SERVICES AGREEMENT NO. 24B240 WITH MPG
CONSTRUCTION, LLC FOR ON- CALL BUILDING REPAIR AND RENOVATION
SERVICES FOR PALM SPRINGS INTERNATIONAL AIRPORT
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to approve Contract Services Agreement No. 24B240 with MPG Construction, LLC to provide on- call building repair and renovation services for the Palm Springs International Airport in an amount not to exceed $980,000 for the initial three-year term beginning October City Council Minutes October 10, 2024
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14, 2024 through October 13, 2027, with two one-year extension options at the City’s sole discretion; and authorize the City Manager or designeeto executeall necessarydocuments.
J. ACCEPTANCE OF AIRPORT COMMON USE PODIUMS – BONO CONCOURSE, CITY PROJECT 21- 28
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to:
1. Accept the public works improvement identified as the Airport Common Use Podiums – Bono Concourse, City Project 21-28 (“Project”), as completed in accordancewith the plans and specifications;
2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Airport Common Use Podiums – Bono Concourse, City Project 21-28; and
3. Appropriate $ 30,252. 15 from the Airport Special Capital Projects fund balance.
K. AWARD OF A CONSTRUCTION CONTRACT TO RIVERSIDE CONSTRUCTION, INC., IN THE AMOUNT OF $ 10,510,913; APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH HARRIS AND ASSOCIATES, INC., FOR
CONSTRUCTION MANAGEMENT SERVICES, INSPECTION AND MATERIALS TESTING SERVICES IN THE AMOUNT OF $ 2,133, 897. 20; AND APPROVAL OF A TASK ORDER UNDER ON- CALL AGREEMENT NO. 23PO41 WITH TSG ENTERPRISES, INC., DBA THE SOLIS GROUP, TO PROVIDE COMMUNITY WORKFORCE AGREEMENT ADMINISTRATION IN THE AMOUNT OF $ 67,826
FOR THE SOUTH PALM CANYON BRIDGE REPLACEMENT AT TAHQUITZ CREEK CHANNEL, CITY PROJECT NO. 12-02, FEDERAL AID PROJECT NO. BRLS- 5282( 042)
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to:
1. Award a construction contract to Riverside Construction, Inc., a California corporation, in the amount of $10,510,913;
2. Delegate authority to the City Manager or designee to approve and execute construction contract changeorders up to a total amount of $1,600,000 with all changeorders reported to the City Council;
3. Approve a Professional Services Agreement with Harris and Associates, Inc., a California corporation, contingent on Caltrans approval of the contract rates in the amount of 2,133,897.20 as may be modified based on the final approved rates, for construction management, inspection and materials testing services;
4. Authorize the City Manager to approve a task order for Community Workforce Agreement CWA) administration services from an on- call CWA firm, TSG Enterprises, Inc., dba The Solis Group, in an amount of $67,826.00;
5. Appropriate $ 650, 000. 00 from the Measure A fund balance; and
6. Authorize the City Manager or his designeeto executeall necessarydocuments.
L. AUTHORIZE AN INCREASE OF $ 182,960.40 TO PURCHASE ORDER 18000472 ISSUED TO VEOLIA WATER OPERATING SERVICES, INC. RELATED TO
ADDITIONAL PROFESSIONAL SERVICES REQUIRED TO COMPLY WITH THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD ORDER.
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MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to:
1. Authorize anincreaseto PurchaseOrder 18000742 in the amount of $182,960.40 with Veolia Water West Operating Services, Inc., pursuant to Agreement No. 6084 to include a groundwater monitoring network technical report, a nitrogen control strategy technical report, nitrogen effluent limit feasibility study and a TDS source control program technical report asrequired by the California Regional Water Quality Control Board Order;
2. Appropriate $ 182, 960. 40 from the Wastewater Fund Balance; and
3. Authorize the City Manager or his designeeto executeall necessarydocuments.
M. A REQUEST BY THE OWNERS OF TWO HISTORIC PROPERTIES FOR APPROVAL
OF MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENTS,
INCLUDING ONE UNIT WITHIN THE OCOTILLO LODGE HISTORIC DISTRICT HD- 11) AT 1111 EAST PALM CANYON DRIVE, UNIT 382; AND THE HARRIET VAN HORN RESIDENCE, A CLASS 1 HISTORIC SITE ( HSPB 157) LOCATED AT 1121
LINDA VISTA ROAD
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY MAYOR BERNSTEIN, 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 382 ( Ocotillo Lodge), APN: 511- 035- 122. b) 1121 Linda Vista Road (Harriet Van Horn Residence), APN: 507-132-001.
2. Authorize the City Manager to execute the Agreements.
3. Direct the City Clerk to record the Agreements with the County of Riverside.
N. AUTHORIZE STAFF TO ISSUE A REQUEST FOR PROPOSALS FOR CONVENTION
CENTER AND RELATED TOURISM FACILITIES OPERATION AND
MANAGEMENT SERVICES
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to authorize Staff to issue a Request for Proposals ( RFP) for operation and managementservicesfor the Palm Springs Convention Center and related tourism facilities.
EXCLUDED CONSENT CALENDAR:
F. APPROVE CONSTRUCTION CONTRACT NO. 24C242 WITH MIRACLE RECREATION EQUIPMENT COMPANY AND CONSTRUCTION CONTRACT NO. 24C248 WITH SHADE STRUCTURES, INC., DBA USA SHADE & FABRIC
STRUCTURES FOR THE PURCHASE AND INSTALLATION OF PLAYGROUND
EQUIPMENT AND SHADE STRUCTURES AT RUTH HARDY PARK
MOTION BY COUNCIL MEMBER HOLSTEGE, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to:
1. Approve Construction Contract 24C242 with Miracle Recreation Equipment Company to purchase and install playground equipment at Ruth Hardy Park, for an amount of 956,214.76;
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2. Approve Construction Contract 24C248 with Shade Structures, Inc., dba USA Shade & Fabric Structures, to purchaseand install shadestructure equipment at Ruth Hardy Park, for an amount of $ 486, 028. 66;
3. Authorize the City Manager or designeeto executeall necessarydocuments.
2. PUBLIC HEARINGS:
A. AN APPLICATION BY CHARLES E. BENTALL AND JULIE BENTALL,
REPRESENTED BY THE PALM SPRINGS PRESERVATION FOUNDATION, FOR
HISTORIC SITE DESIGNATION OF THE BURNHAM- WELLS RESIDENCE LOCATED AT 1850 SMOKE TREE LANE ( APN 510- 172- 001), CASE HSPB # 159 Steven Vaught and David Hyams provided oral testimony during the public hearing.
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCIL MEMBER HOLSTEGE, CARRIED 5-0, to:
1. Open the Public Hearing and receive public testimony.
2. Close the public hearing and adopt Resolution No. 25249, entitled “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE BURNHAM- WELLS RESIDENCE LOCATED AT 1850 SMOKE TREE LANE, AS A CLASS 1 ( LANDMARK) HISTORIC RESOURCE HSPB # 159, SUBJECT TO CONDITIONS ( APN 510-172-001).”
B. APPEALS BY THE NEW MESQUITE HOMEOWNERS’ ASSOCIATION AND
DESERT CHAPEL OF THE PLANNING COMMISSION DECISION TO APPROVE A MINOR AMENDMENT TO PLANNED DEVELOPMENT DISTRICT ( PDD 153) TO ALLOW THE RESTORATION OF APPROXIMATELY 90 ACRES OF THE 120- ACRE
FORMER MESQUITE GOLF COURSE AND COUNTRY CLUB SITE INTO A NATIVE DESERT HABITAT AND NATURE PRESERVE ( CASE 5.0303- PD 153).
Chris Thomsen, Mark Mulkerin, Marvin Roos, Jane Garrison, Nicole Olivieri Panter, Bill White, Angie Knapp, David Hyams, Scott Connelly, and Kathy Weremiuk provided oral testimony during the public hearing.
MOTION BY MAYOR BERNSTEIN, SECOND BY COUNCIL MEMBER MIDDLETON, CARRIED 4-0 (WITH RECUSAL FROM COUNCIL MEMBER HOLSTEGE), to:
1. Open the appeal hearing and receive testimony; and
2. Reject the appealsand accept the Planning Commission’s decision by adopting Resolution No. 25250, entitled, “ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DENYING THE APPEALS BY THE NEW MESQUITE
HOMEOWNERS ASSOCIATION AND DESERT CHAPEL AND UPHOLDING THE
DECISION OF THE PLANNING COMMISSION TO APPROVE A PROPOSED MINOR AMENDMENT TO PLANNED DEVELOPMENT DISTRICT 153 ( PDD- 153) BY THE OSWIT LAND TRUST TO ALLOW THE RESTORATION OF APPROXIMATELY 90 ACRES OF THE 120- ACRE FORMER GOLF COURSE AND COUNTRY CLUB SITE
INTO A NATIVE DESERT HABITAT AND NATURE PRESERVE FOR THE SITE
LOCATED BETWEEN SUNRISE WAY AND EL CIELO ROAD, NORTH OF MESQUITE AVENUE, ZONE PDD 153, SECTION 24 (CASE 5.0303-PDD-153).” City Council Minutes October 10, 2024
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3. BUSINESS & LEGISLATIVE: None.
PUBLIC COMMENT:
Nicole Panter Daily, Natalie Awad, Abraham Ishaq, Michael Howard, Jake Epstine, Rabbi David Lazar, JaneDodd, Brian Yaklich, Patrick Weiss, Moe Elabdallah, Dr. JesseNeimeyer-Romero, and Jonathan Gayle 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, October 10, 2024, at 8:14 p.m.
Respectfully submitted,
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: 10/24/2024