HomeMy WebLinkAbout2019-10-02 CC MINUTESWednesday, October 2, 2019
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 Moon on
Wednesday, October 2 , 2019, at 6:00 p.m., in the Council Chamber, City Hall, located at
3200 E. Tahquitz Canyon Way, Palm Springs, California.
PLEDGE OF ALLEGIANCE:
Mayor Moon led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Christy Holstege, Lisa Middleton, J.R. Roberts; Mayor Pro Tem
Geoff Kors; and Mayor Robert Moon.
Absent: None.
City Staff
Present: David H. Ready, City Manager; Jeffrey Ballinger, City Attorney; Marcus Fuller,
Assistant City Manager; and Anthony J. Mejia, City Clerk, were present at Roll
Call. Other staff members presented reports or responded to questions as indicated
in the minutes.
PRESENTATIONS: None.
ACCEPTANCE OF THE AGENDA:
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to remove Consent Calendar Item Nos. 1A, 1D, 1E, 1J, 1L, and 1M
for separate discussion and the deletion of Item Nos. 5D and 5F from the agenda.
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of October 2, 2019, was called to order by Mayor
Moon at 4:00 p.m.
The meeting convened into Closed Session to discuss the following items as listed on the Regular
Closed Session Meeting Agenda:
City Council Minutes October 2, 2019
City of Palm Springs Page 2
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, Pursuant to
Government Code Section 54956.9(d)(1):
4328 Lockwood Avenue v. City of Palm Springs,
Case No. RIC 1703102, Superior Court of the State of California, County of Riverside
Dept. of Homeland Security v. Regents of Univ. Calif.; Donald Trump v. NAACP; Kevin
McAleenen v. Martin Batalla Vidal (amicus curiae)
Case Nos. 18-587, 18-588, 18-589, United States Supreme Court, Washington, DC
Garrod v. City of Palm Springs,
Case No. 1804963, Superior Court of the State of California, County of Riverside
CONFERENCE WITH LEGAL COUNSEL – EXPOSURE TO LITIGATION, Pursuant to
Government Code Section 54956.9(d)(2):
Six (6) matters that, under the existing circumstances, the City Attorney believes creates
significant exposure to litigation.
CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION, Pursuant to
Government Code Section 54956.9(d)(4):
Under existing facts and circumstances, there are four (4) matters the City Council has
decided or may decide to initiate litigation.
PUBLIC EMPLOYEE EVALUATION, Pursuant to Government Code Section 54957:
Employee: City Manager
CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code
Section 54956.8:
Property Description: 538 North Palm Canyon Drive, Palm Springs
Agency: City of Palm Springs
Agency Negotiator(s): David H. Ready, City Manager or designee
Negotiating Parties: W. Layne, President, Palm Canyon Theatre
Under Negotiation: Price and Terms of Payment (Lease)
Property Description: 550 North Palm Canyon Drive, Palm Springs
Agency: City of Palm Springs
Agency Negotiator(s): David H. Ready, City Manager or designee
Negotiating Parties: Jonathan Cassie, President of Desert Arts Center
Under Negotiation: Price and Terms of Payment (Lease)
City Council Minutes October 2, 2019
City of Palm Springs Page 3
Property Description: 3400 Tahquitz Canyon Way, Palm Springs
(portions of airport)
Agency: City of Palm Springs
Agency Negotiator(s): David H. Ready, City Manager or designee
Negotiating Parties: Chief Planning and Development Officer, Agua
Caliente Band of Cahuilla Indians
Under Negotiation: Price and Terms of Payment (Lease)
Property Description: APN 504-040-046 (Tram Way and W. Racquet
Club Road)
Agency: City of Palm Springs
City Negotiator: David Ready, City Manager or Designee
Negotiating Parties: Grit Development, LLC
Under Negotiation: Price and Terms of Payment
Property Description: Tract Map 31095 (W. Via Escuela)
Agency: City of Palm Springs
City Negotiator: David Ready, City Manager or Designee
Negotiating Parties: Grit Development, LLC
Under Negotiation: Price and Terms of Payment
Property Description: APN 513-560-048 (Parcel 7 of Parcel Map 36446)
Agency: City of Palm Springs
City Negotiator: David Ready, City Manager or Designee
Negotiating Parties: Grit Development, LLC
Under Negotiation: Price and Terms of Payment
Property Description: APN 681-480-011 (42.32 acre “Rimrock” property
located south of E. Palm Canyon Drive
Agency: City of Palm Springs
City Negotiator: David Ready, City Manager or Designee
Negotiating Parties: Grit Development, LLC
Under Negotiation: Price and Terms of Payment
Property Description: APN 677-540-028 and 677-540-029 (north east
corner of Gene Autry Trail and Mission Drive)
Agency: City of Palm Springs
City Negotiator: David Ready, City Manager or Designee
Negotiating Parties: Grit Development, LLC
Under Negotiation: Price and Terms of Payment
City Council Minutes October 2, 2019
City of Palm Springs Page 4
Property Description: 287 S. El Cielo Road (APN 502-210-023)
Agency: City of Palm Springs
City Negotiator: David Ready, City Manager or Designee
Negotiating Parties: Coachella Valley Rescue Mission
Under Negotiation: Price and Terms of Payment (Lease)
City Attorney Ballinger reported that the City Council received briefings and provided direction
to staff regarding the agendized Closed Session Items, but did not take any reportable action.
PUBLIC TESTIMONY:
Adrian Alcantar, speaking on Item 1E, spoke on the urgent need to repair sidewalks along Sunrise
Way and Vista Chino.
Steve Somers, speaking on Item 5D, voiced support for preserving the Rimrock parcel as open
space and developing a park adjacent to Rimrock Plaza.
Aftab Dada, speaking on Item 5A, expressed support for awarding the Downtown Park
construction contract, noting that the local hotel general managers urge that construction begin
immediately.
Arlene Rosenthal, speaking on Item 5A, expressed a desire to help the City utilize the $10 million
state grant to help address homelessness, noting that appropriate use of the funds could reduce
impacts to the future Downtown Park.
Oliver Cleary, speaking on Item 1D, voiced opposition to the ordinance prohibiting dogs on trails;
stated that the Coachella Valley Multiple Species Habitat Conservation Plan only prohibits dogs
above designated picnic table areas.
Daryl Terrell, speaking on Item 5D and 5E, expressed support for designating the Gene Autry
parcel for an affordable housing development; urged support for the proposed Affordable and
Multi-Family Housing Incentive Program.
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS:
Mayor Pro Tem Kors noted that the emergency overnight cooling center operations have been
extended through October 2019; requested that staff submit a report summarizing the activities of
the Public Integrity Standing Committee for receive and file at the City Council meeting of
October 23, 2019; commended Mayor Moon for a successful State of the City address, noting that
the video is available online.
Councilmember Roberts requested that staff research and update the City Council regarding its
authority to allow dogs on trails, or portions thereof.
Councilmember Holstege noted that many cities have declared a climate emergency and requested
that staff agendize discussion of the City’s Climate Action Plan and work with the Sustainability
Commission to ensure progress on the stated goals.
City Council Minutes October 2, 2019
City of Palm Springs Page 5
Councilmember Middleton requested that the Program Grants and Sponsorships process be
evaluated for improvements, noting that the Community Development Block Grant process
includes community evaluators and scoring criteria; reported on the activities of the Library
Building Committee, noting that their recommendation will be presented on October 23, 2019;
reported on her attendance at regional transportation meetings, noting that there is a growing
demand for electric vehicle charging stations; commended the Police Department Advisory
Committee and staff for hosting National Night Out.
Mayor Moon expressed concern related to the number of cannabis-related business advertisements
at the Airport; requested that the City Council discuss the possibility of prohibiting such
advertisements at the Airport.
City Manager Ready invited staff to provide updates on a recently-awarded Tobacco Prevention
Grant, upcoming General Municipal Election, and maintenance at the Dog Park.
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to approve the consent calendar, with the removal of Item
Nos. 1A, 1D, 1E, 1J, 1L, and 1M for separate discussion and the deletion of Item Nos. 5D and
5F from the agenda.
A. APPROVAL OF MINUTES
This item was excluded from the Consent Calendar. Please refer to Page 8 of these minutes
for a summary of that action.
B. APPROVAL OF PAYROLL WARRANTS, CLAIMS, AND DEMANDS
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 24651 entitled, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDING
08-10-2019 AND 08-24-2019 BY WARRANTS NUMBERED 420801 THROUGH
420825 TOTALING $106,999.00 CLAIMS, DEMANDS AND LIABILITY CHECKS
NUMBERED 1107782 THROUGH 1108504 TOTALING $9,589,214.06, FOUR WIRE
TRANSFERS FOR $73,355.16, AND TWELVE ELECTRONIC ACH DEBITS OF
$12,865,839.75 IN THE AGGREGATE AMOUNT OF $13,046,193.91, DRAWN ON
BANK OF AMERICA."
C. TREASURER'S INVESTMENT REPORT AS OF JUNE 30, 2019
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to receive and file Treasurer's Investment Report as of
June 30, 2019.
City Council Minutes October 2, 2019
City of Palm Springs Page 6
D. SECOND READING AND ADOPTION OF ORDINANCE NO. 2001, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTION 11.44.100 TO THE PALM SPRINGS
MUNICIPAL CODE, PROHIBITING DOGS ON RECREATIONAL TRAILS
WITHIN THE SANTA ROSA AND SAN JACINTO MOUNTAINS AREA
This item was excluded from the Consent Calendar. Please refer to Page 9 of these minutes
for a summary of that action.
E. AWARD A CONSTRUCTION CONTRACT TO VIDO SAMARZICH, INC., A
CALIFORNIA CORPORATION, IN THE AMOUNT OF $1,251,556 FOR BID
SCHEDULES A THROUGH G FOR THE MEASURE J COMMUNITY
PROJECTS - SIDEWALK GAP CLOSURE IMPROVEMENTS CITY PROJECT
NO. 15-31
This item was excluded from the Consent Calendar. Please refer to Page 9 of these minutes
for a summary of that action.
F. ACQUISITION OF RIGHT-OF-WAY FOR THE SOUTH PALM CANYON DRIVE
BRIDGE REPLACEMENT, CITY PROJECT 12-02, FEDERAL-AID PROJECT
NO. BRLS-5282(042)
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 24652 entitled, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO APPROVE THE ACQUISITION
OF RIGHT-OF-WAY FOR THE SOUTH PALM CANYON DRIVE
BRIDGE REPLACEMENT, CITY PROJECT 12-02, FEDERAL-AID PROJECT NO.
BRLS-5282(042)."
G. APPROVAL OF A GROUND LEASE AGREEMENT WITH NEW CINGULAR
WIRELESS, PCS, LLC, FOR NON-EXCLUSIVE USE OF GROUND SPACE WITH
AN EXISTING WIRELESS COMMUNICATIONS TOWER AT 1901 EAST
BARISTO ROAD
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Approve a Wireless Communications Facilities Site Lease agreement by and between
New Cingular Wireless, PCS, LLC and the City of Palm Springs for ground space with
an existing wireless tower at 1901 East Baristo Road, for a term of five (5) years with
two (2) options to extend the agreement by five (5) additional years.
2. Authorize the City Manager or his designee to execute all necessary documents.
City Council Minutes October 2, 2019
City of Palm Springs Page 7
H. AMEND THE CONTRACT SERVICES AGREEMENT NO. A6231 WITH MK
SOLUTIONS FOR THE LIBRARY'S AUTOMATED MATERIALS HANDLING
SYSTEM
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Approve Amendment No. 2, in the amount of $27,930 annually, subject to a 2.5%
increase each year hereafter, for the ongoing Gold Level maintenance of the Automated
Materials Handling system from MK Solutions of York, PA, for as long as the Library
utilizes the system.
2. Authorize the City Manager to execute all necessary documents.
I. AMENDMENT TO THE PALM SPRINGS INTERNATIONAL AIRPORT
CONCESSION LEASE AGREEMENTS FOR ANTON AIRFOOD, DBA HMS
HOST INC. AND PARADIES SHOPS, LLC
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Approve a seven-month extension of the airport concession leases with Paradies Shops,
LLC for the current news & gift operations and Anton Airfood, dba HMS Host Inc. for
the current food & beverage operations, commencing on November 1, 2019, through
May 31, 2020, then to a month-to-month arrangement, if required.
2. Increase the percentage of gross paid to the airport to twelve percent during the term of
the extension.
3. Authorize the City Manager to execute all necessary documents.
J. APPROVAL OF ART PLACEMENT "A TALE OF SURVIVAL IN THE FACE OF
CRUSHING INERTIA" IN THE REGIONAL CONCOURSE AT THE PALM
SPRINGS INTERNATIONAL AIRPORT
This item was excluded from the Consent Calendar. Please refer to Page 10 of these
minutes for a summary of that action.
City Council Minutes October 2, 2019
City of Palm Springs Page 8
K. RESOLUTION OF THE CITY COUNCIL STANDING AGAINST HATE SPEECH
AND PROTECTING VULNERABLE COMMUNITIES
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Adopt Resolution No. 24653 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS STANDING AGAINST HATE SPEECH AND
PROTECTING VULNERABLE COMMUNITIES."
2. Authorize the City Manager and City Clerk to take all necessary actions identified in
the resolution.
L. PROVIDE DIRECTION ON RESOLUTIONS BEING CONSIDERED AT THE
LEAGUE OF CALIFORNIA CITIES' ANNUAL BUSINESS MEETING
This item was excluded from the Consent Calendar. Please refer to Page 10 of these
minutes for a summary of that action.
M. REQUEST BY CITY OF LOS ANGELES AND COUNTY OF LOS ANGELES TO
JOIN IN AN AMICUS CURIAE BRIEF BEFORE THE U.S. SUPREME COURT IN
THREE CASES INVOLVING THE DEFERRED ACTION FOR CHILDHOOD
ARRIVALS (DACA) - DEPT. OF HOMELAND SECURITY V. REGENTS OF
UNIV. CALIF.; DONALD TRUMP V. NAACP; KEVIN MCALEENEN V. MARTIN
BATALLA VIDAL
This item was excluded from the Consent Calendar. Please refer to Page 10 of these
minutes for a summary of that action.
EXCLUDED CONSENT CALENDAR:
A. APPROVAL OF MINUTES
Councilmember Holstege requested that the minutes be amended to reflect the in-kind
amounts allocated for each of the awardees of the City’s Program Grants and Sponsorships.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO
TEM KORS, CARRIED 5-0, to approve the City Council Meeting Minutes of
September 18, 2019, as amended.
City Council Minutes October 2, 2019
City of Palm Springs Page 9
D. SECOND READING AND ADOPTION OF ORDINANCE NO. 2001, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTION 11.44.100 TO THE PALM SPRINGS
MUNICIPAL CODE, PROHIBITING DOGS ON RECREATIONAL TRAILS
WITHIN THE SANTA ROSA AND SAN JACINTO MOUNTAINS AREA
Councilmember Roberts requested that staff research and update the City Council
regarding its authority to allow dogs on trails, or portions thereof.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
ROBERTS, CARRIED 5-0, to continue this matter to the City Council meeting of
October 23, 2019.
E. AWARD A CONSTRUCTION CONTRACT TO VIDO SAMARZICH, INC., A
CALIFORNIA CORPORATION, IN THE AMOUNT OF $1,251,556 FOR BID
SCHEDULES A THROUGH G FOR THE MEASURE J COMMUNITY
PROJECTS - SIDEWALK GAP CLOSURE IMPROVEMENTS CITY PROJECT
NO. 15-31
In response to Councilmember Middleton’s inquiry, City Attorney Ballinger confirmed
that members of City Council whose residence may be within 500’ of a particular sidewalk
improvement need not recused themselves, noting that the Fair Political Practices
Commission exempts projects which provide a citywide benefit and there is no
disproportionate benefit to a Councilmember.
In response to City Council inquiry, City Manager Ready confirmed that the City Council
may direct staff to repair sidewalks under the responsibility of Caltrans in the future, noting
that staff would proceed with forwarding the associate costs to Caltrans.
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Award a construction contract to Vido Samarzich, Inc., a California corporation, in the
amount of $1,251,556 for Bid Schedules A through G for the Measure J Community
Projects - Sidewalk Gap Closure Improvements, City Project No. 15-31.
2. Delegate authority to the City Manager to approve and execute construction contract
change orders up to $62,500 (5%) with all change orders reported to the City Council.
3. Authorize the City Manager to execute all necessary documents.
City Council Minutes October 2, 2019
City of Palm Springs Page 10
J. APPROVAL OF ART PLACEMENT "A TALE OF SURVIVAL IN THE FACE OF
CRUSHING INERTIA" IN THE REGIONAL CONCOURSE AT THE PALM
SPRINGS INTERNATIONAL AIRPORT
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Approve the temporary placement of public art "A Tale of Survival in the Face of
Crushing Inertia" within the interior of the Regional Concourse Terminal at the Palm
Springs International Airport.
2. Authorize the City Manager to enter into an agreement for the commission, temporary
placement, and maintenance of the public art, in a form acceptable to the City Attorney.
L. PROVIDE DIRECTION ON RESOLUTIONS BEING CONSIDERED AT THE
LEAGUE OF CALIFORNIA CITIES' ANNUAL BUSINESS MEETING
Mayor Pro Tem Kors recommended that a City Council Subcommittee review League of
California Cities resolutions and provide a recommendation in the future.
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to support the resolutions proposed for the upcoming League
of California Cities' Annual Business Meeting at the League's Annual Conference in Long
Beach, California.
M. REQUEST BY CITY OF LOS ANGELES AND COUNTY OF LOS ANGELES TO
JOIN IN AN AMICUS CURIAE BRIEF BEFORE THE U.S. SUPREME COURT IN
THREE CASES INVOLVING THE DEFERRED ACTION FOR CHILDHOOD
ARRIVALS (DACA) - DEPT. OF HOMELAND SECURITY V. REGENTS OF
UNIV. CALIF.; DONALD TRUMP V. NAACP; KEVIN MCALEENEN V. MARTIN
BATALLA VIDAL
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Approve the City of Palm Springs joining as amicus curiae brief filed by the City of
Los Angeles and the County of Los Angeles before the United States Supreme Court
in the following cases: Dept. of Homeland Security v. Regents of Univ. Calif.: Donald
Trump v. NAACP: Kevin McAleenen v. Martin Batalla Vidal.
2. Authorize the City Attorney to sign on to such brief on behalf of the City of Palm
Springs.
City Council Minutes October 2, 2019
City of Palm Springs Page 11
2. PUBLIC HEARINGS:
A. AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, TO ADOPT A SECOND EXTENSION OF A TEMPORARY
MORATORIUM ON CITY APPROVAL OF NEW APPLICATIONS FOR
PERMITS TO ENGAGE IN CERTAIN CANNABIS BUSINESSES AND
ACTIVITIES IN PORTIONS OF THE DESERT HIGHLAND GATEWAY
ESTATES AND DEMUTH PARK NEIGHBORHOODS OF THE CITY, FOR
CONSIDERATION OF APPROPRIATE AMENDMENTS TO THE GENERAL
PLAN, MUNICIPAL CODE AND ZONING CODE IN ACCORDANCE WITH
GOVERNMENT CODE SECTIONS 65858 (4/5THS VOTE REQUIRED)
Councilmember Holstege announced that her spouse is a real estate broker and has a listing
within the area subject to the moratorium and recused herself; left the Council Chamber at
6:53 p.m. and returned at the conclusion of the matter at 7:05 p.m.
Director of Planning Services Fagg presented the staff report and responded to City Council
inquiries.
Mayor Moon opened the Public Hearing.
Michael McGrady, voiced support for extending the proposed moratorium.
Les Young, conveyed support for extending the moratorium and establishing a preferred
cannabis corridor or green zone.
Joy Brown Meredith, expressed support for the moratorium and commended the Desert
Highland neighborhood for voicing their concerns regarding the over-saturation of
cannabis-related businesses in the area.
There being no others desiring to speak, Mayor Moon closed the Public Hearing.
Councilmember Roberts and Mayor Pro Tem Kors summarized the activities of the City
Council Cannabis Subcommittee, noting that they will be proposing new regulations and
penalties for odor violations and an analysis on the feasibility of establishing a green zone.
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
ROBERTS, CARRIED 4-0 (COUNCILMEMBER HOLSTEGE RECUSED), to adopt
Ordinance No. 2002 entitled, "AN INTERIM URGENCY ORDINANCE OF THE CITY
OF PALM SPRINGS, CALIFORNIA, TO EXTEND INTERIM URGENCY
ORDINANCE NO. 1987 FOR AN ADDITIONAL CALENDAR YEAR, AND
CONTINUE FOR THIS PERIOD A TEMPORARY MORATORIUM ON CITY
APPROVAL OF NEW APPLICATIONS FOR PERMITS TO ENGAGE IN CERTAIN
CANNABIS BUSINESSES AND ACTIVITIES IN PORTIONS OF THE DESERT
HIGHLAND GATEWAY ESTATES AND DEMUTH PARK NEIGHBORHOODS OF
THE CITY, FOR CONSIDERATION OF APPROPRIATE AMENDMENTS TO THE
GENERAL PLAN, MUNICIPAL CODE AND ZONING CODE IN ACCORDANCE
WITH GOVERNMENT CODE SECTION 65858.”
City Council Minutes October 2, 2019
City of Palm Springs Page 12
B. REQUEST BY THE CITY OF PALM SPRINGS FOR A ZONE TEXT
AMENDMENT TO AMEND THE PALM SPRINGS ZONING CODE CHAPTER
93.00 TO ADD SECTIONS 93.16.00 THROUGH 93.16.09 AND AMEND SECTIONS
92.17.1.01, 92.17.2.01, 92.20.01, 92.21 .01 AND 93.03.00 TO MEET THE STATE OF
CALIFORNIA ENERGY CODE REQUIREMENTS RELATIVE TO SOLAR
ENERGY SYSTEMS ON NEW RESIDENTIAL CONSTRUCTION THREE (3)
STORIES AND UNDER (CASE 5.1470 ZTA)
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
ROBERTS, CARRIED 5-0, to:
1. Table the Public Hearing with no testimony at this time and continue the Public Hearing
to November 6, 2019.
2. Direct the City Clerk to post a Notice of Continuance in accordance to established
procedures.
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
A. AWARD OF A CONSTRUCTION CONTRACT TO FAST-TRACK
CONSTRUCTION CORPORATION, IN THE AMOUNT OF $7,600,000 FOR THE
DOWNTOWN PARK, CITY PROJECT NO. 15-07, AND RELATED ACTIONS
Director of Planning Services Fagg narrated a PowerPoint presentation and responded to
City Council inquiries.
In response to City Council inquiry, Ryan Radebach, representing Fast-Track Construction,
stated that he is confident that they will begin construction this November and complete the
project within one year.
Mayor Pro Tem Kors urged staff and the contractor to complete the Downtown Park by
Thanksgiving 2020.
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Uphold the City Engineer's decision to reject the bid protest submitted by Robert
Clapper Construction Services, Inc., and waive any informality in the apparent low bid
submitted by Fast-Track Construction Corporation, a California corporation.
2. Award a construction contract to Fast-Track Construction Corporation, a California
corporation, in the amount of $7,600,000 for the Downtown Park, City Project No. 15-07.
(City Council action continued on the next page)
City Council Minutes October 2, 2019
City of Palm Springs Page 13
3. Authorize a Purchase Order in the amount not to exceed $425,000 with the City's "on-
call" professional consulting services firm, Willdan Engineering, a California
corporation, pursuant to Agreement No. 6688, for construction management and
inspection services related to the Downtown Park, City Project No. 15-07.
4. Authorize the City Manager to approve and execute construction contract change
orders up to a cumulative amount of $760,000 (10% of construction contract).
5. Authorize the City Manager to execute all necessary documents.
B. AWARD OF A CONSTRUCTION CONTRACT TO CALTEC CORP, A
CALIFORNIA CORPORATION, IN THE AMOUNT OF $1,400,000 FOR THE
PALM SPRINGS INTERNATIONAL AIRPORT TERMINAL MODIFICATIONS,
CITY PROJECT NO. 19-22, AND RELATED ACTIONS
City Manager Ready presented the staff report.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Approve the plans, specifications and construction drawings, and authorize the bidding of
the Palm Springs International Airport Terminal Modifications, City Project No. 19-22.
2. In accordance with Public Contract Code 5101, consent to and approve the withdrawal
of the apparent low bid submitted by Aid Builders, Inc.
3. Award a construction contract to Caltec Corp, a California corporation, in the amount
of $1,400,000 for the Palm Springs International Airport Terminal Modifications, City
Project No. 19-22.
4. Authorize a Purchase Order in an amount not to exceed $300,000 with the City's "on -
call" professional aviation consulting services firm, RS&H California, Inc., a California
corporation, pursuant to Agreement No. 7148, for construction management services
related to the Palm Springs International Airport Terminal Modifications, City Project
No. 19-22.
5. Authorize the City Manager to approve and execute construction contract change
orders up to a cumulative amount of $140,000.
6. Approve an appropriation from the Airport Capital Fund Balance (Fund 416) in the
amount of $650,000.
7. Authorize the City Manager to execute all necessary documents.
City Council Minutes October 2, 2019
City of Palm Springs Page 14
C. AWARD OF A CONSTRUCTION CONTRACT TO MATICH CORPORATION, A
CALIFORNIA CORPORATION, IN THE AMOUNT OF $8,586,000 FOR BID
SCHEDULES A, B AND C; AND APPROVAL OF A PURCHASE ORDER IN AN
AMOUNT NOT TO EXCEED $243,100 TO INTERWEST CONSULTING GROUP
FOR CONSTRUCTION MANAGEMENT, INSPECTION AND MATERIALS
TESTING SERVICES FOR THE 2019 PAVEMENT REHABILITATION, CITY
PROJECT NO 19- 01
City Attorney Ballinger reconfirmed that members of City Council whose residence may
be within 500’ of a particular street improvement need not recused themselves, noting that
the Fair Political Practices Commission exempts projects which provide a citywide benefit
and there is no disproportionate benefit to a Councilmember.
Assistant City Manager Fuller narrated a PowerPoint presentation and responded to City
Council inquiries.
Councilmember Middleton pointed out that subject streets were selected based on an
objective scoring of the pavement condition index, from worst to best.
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. Award a construction contract to Matich Corporation, a California corporation, in the
amount of $8,586,000 for Bid Schedules A, B, and C for the 2019 Pavement
Rehabilitation, City Project No. 19-01.
2. Authorize a Purchase Order to lnterwest Consulting Group, pursuant to On-Call
Agreement No. 6686, in an amount not to exceed $243,100 for construction
management, inspection and materials testing services for the 2019 Pavement
Rehabilitation, City Project No. 19-01.
3. Delegate authority to the City Manager to approve and execute construction contract
change orders up to $400,000 with all change orders reported to the City Council.
4. Approve a budget amendment to appropriate $4,500,000 from General Fund balance,
to be replenished as part of the FY 2020/21 budget.
5. Authorize the City Manager to execute all necessary documents.
D. DISCUSSION OF PROCESS FOR IMPLEMENTING OPEN SPACE AND
AFFORDABLE HOUSING ASPECTS OF THE GRIT/1090 SETTLEMENT
AGREEMENT
This item was deleted from the agenda.
City Council Minutes October 2, 2019
City of Palm Springs Page 15
E. APPROVAL OF THE "AFFORDABLE AND MULTI-FAMILY HOUSING
INCENTIVE PROGRAM," A PROGRAM TO ESTABLISH REDUCED
DEVELOPMENT IMPACT FEES AND DEVELOPER FEES RELATED TO
RESIDENTIAL PROJECTS CONSTRUCTING NEW AFFORDABLE
DWELLING UNITS, OR CONSTRUCTING NEW MULTI-FAMILY
RESIDENTIAL UNITS
Assistant City Manager Fuller presented the staff report.
In response to City Council inquiries, Community and Economic Development Director
Virata advised that the City could place affordable housing covenants on applicable
properties to ensure that homebuyers do not immediately flip homes intended as affordable
housing. Assistant City Manager Fuller advised that staff will return to City Council to
discuss terms of the affordable housing covenants.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
ROBERTS, CARRIED 5-0, to adopt Resolution No. 24654 entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ESTABLISHING THE "AFFORDABLE AND MULTI-FAMILY HOUSING INCENTIVE
PROGRAM," A PROGRAM TO ESTABLISH REDUCED DEVELOPMENT IMPACT
FEES AND DEVELOPER FEES RELATED TO RESIDENTIAL PROJECTS
CONSTRUCTING NEW AFFORDABLE DWELLING UNITS, OR CONSTRUCTING
NEW MULTI-FAMILY RESIDENTIAL UNITS."
F. AMENDING GUIDELINES FOR ART SHOWS HELD AT PUBLIC PARKS AND
ESTABLISHING A DEPOSIT BASED FEE TO RECOVER CITY COSTS
ASSOCIATED WITH SPECIAL EVENTS AND ART SHOWS HELD AT CITY
PARKS AND FACILITIES
This item was deleted from the agenda and referred to the Business Retention Standing
Subcommittee.
G. CONSIDERATION OF MODIFYING THE CITY COUNCIL REGULAR
MEETING SCHEDULE
The City Council discussed and provided general direction to staff.
PUBLIC COMMENT:
Daryl Terrell, recommended that the City Council support and develop home buying programs for
first-time homebuyers, first-responder, and teachers.
Les Young, voiced concern that homes on Arnico Street are still on septic tanks, recommended
that the City evaluate options for connecting these properties to sewer lines.
City Council Minutes October 2, 2019
City of Palm Springs Page 16
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT:
Mayor Pro Tem Kors requested that staff agendize consideration of a Community Workforce
Agreement for the City Council meeting of October 23, 2019.
Councilmember Roberts requested that discussion of Mayor Moon’s and his own involvement
related to the Plaza Theater be agendized for the City Council meeting of November 6, 2019.
Councilmember Middleton requested that staff work with the City Council Subcommittee on
Grants and Sponsorships to discuss process improvements.
ADJOURNMENT:
The City Council adjourned at 8:03 p.m.
Respectfully submitted,
Anthony J. Mejia, MMC
City Clerk
APPROVED BY CITY COUNCIL: 10/23/2019