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Thursday, February 10, 2022
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
Pursuant to Assembly Bill 361 this meeting was conducted by teleconference
and there was no in -person public access to the meeting location.
CALL TO ORDER:
A Regular Meeting of the Palm Springs City Council was called to order by Mayor Middleton
on Thursday, February 10, 2022, at 5:30 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Middleton led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Christy Holstege, Geoff Kors, Dennis Woods; Mayor Pro Tern
Grace Elena Garner; and Mayor Lisa Middleton
Absent: None.
City Staff
Present: Justin Clifton, City Manager; Teresa Galavan, Assistant City Manager, Jeffrey
Ballinger, City Attorney; 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:
City Manager Clifton referenced Item No. 5A; explained that there was a scheduling conflict and
that the item will be scheduled for a future City Council meeting.
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER HOLSTEGE,
CARRIED 5-0, to delete Item No. 5A from the agenda.
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of February 10, 2022, was called to order by
Mayor Middleton at 3:30 p.m., with all members present.
The meeting convened into Closed Session to discuss the following items as listed on the Regular
Closed Session Meeting Agenda:
City Council Minutes February 10 2022
CONFERENCE WITH LEGAL COUNSEL — MATTERS CREATING SIGNIFICANT
EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2):
Three (3) matters that, under the existing circumstances, the City Attorney believes creates
significant exposure to litigation.
Letters from Rod Pacheco, Pacheco & Neach, dated May 17, 2021, September 27, 2021,
and October 29, 2021, regarding Frank Bogert statue.
CONFERENCE WITH LEGAL COUNSEL — DISCUSSION TO CONSIDER INITIATION OF
LITIGATION, Pursuant to Government Code Section 54956.9(d)(4):
Under existing facts and circumstances, there are three (3) matters the City Council has decided
or may decide to initiate litigation.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code
Section 54956.8:
Property Description: Portion of Airport Property, APN 502-100-030, Palm Springs
Portion of Airport Property, 2901 E. Alejo Rd., Palm Springs
Agency: City of Palm Springs
City Negotiator: Justin Clifton, City Manager
Negotiating Parties: Coachella Valley Economic Partnership, Garland
Commercial Group, on behalf of Palm Springs Aviation
Academy
Under Negotiation: Price and Terms
CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957.6:
City Negotiators: Justin Clifton, City Manager
Jeremy Hammond, Human Resources Director
Andrew Mills, Chief of Police
Peter Brown, Legal Counsel
Employee Organization: Public Employees Association of Palm Springs (PEAPS)
Management Association of Palm Springs (MAPS)
Palm Springs Firefighters Association (PSFA)
Palm Springs Fire Management (PSFMA)
Executives
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:
Bruce Hoban, speaking on Item No. 5A, asked City Council to hold Mr. Gonzalez, Mr. Wilson
and Ms. Perez, from College of the Desert, accountable, to give a community presentation at a
future City Council meeting.
City of Palm Springs Page 2
City Council Minutes February 10, 2022
There were no other public comments.
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS:
Mayor Middleton reported on a recent meeting of the Riverside County Transportation
Commission.
Councilmember Woods commented on protection measures the City has taken to increase
transparency; asked for an independent investigation into the Measure J Commission and stated
there could be a potential conflict.
Councilmember Kors felt Councilmember Woods's commented are offensive and outrageous;
suggested that the subject should be discussed with the City Attorney, in closed session; noted the
Measure J Commission was adopted by voters; reported the Measure J Commission makes
recommendations to City Council and Council decides what to support.
City Attorney Ballinger recommended that City Council limit the discussion on whether Council
wants to add it to a future agenda.
Councilmember Kors discussed the recent Concert in the Park.
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MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to approve the consent calendar.
A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND
COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to find that the City Council has considered the circumstances of
the state of emergency during a proclaimed state of emergency, and state or local officials
have imposed or recommended measures to promote social distancing, and as a result, the
Palm Springs City Council and all of Palm Springs Board, Commission, and Committee
meetings will be held by videoconference, in accordance with AB 361.
B. APPROVAL OF MINUTES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to approve the City Council Meeting Minutes of
November 4, 2021.
C. APPROVAL OF AMENDMENT NO. 5 TO THE ALLOCATED POSITIONS AND
COMPENSATION PLAN FOR FISCAL YEAR 2021-22
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
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City Council Minutes February 10 2022
1. Adopt Resolution No. 24978 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT
NO. 5 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR
FISCAL YEAR 2021-2022, ADOPTED BY RESOLUTION NO.24912."
2. Authorize the City Manager to execute all necessary documents.
D. ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS TO ENTER INTO AN AGREEMENT WITH THE
GOVERNOR'S OFFICE OF BUSINESS AND ECONOMIC DEVELOPMENT FOR
CANNABIS EQUITY GRANT FUNDING FOR THE FISCAL YEAR 21/22
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
Adopt Resolution No. 24979 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO ENTER INTO AN
AGREEMENT WITH THE GOVERNOR'S OFFICE OF BUSINESS AND
ECONOMIC DEVELOPMENT FOR CANNABIS EQUITY GRANT FUNDING
FOR THE FISCAL YEAR 21/22."
2. Authorize the City Manager to execute all documents consistent with this Resolution.
E. MEMORANDUM OF UNDERSTANDING WITH THE PALM SPRINGS FIRE
MANAGEMENT ASSOCIATION
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Adopt Resolution No. 24980 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A
MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS,
AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR
EMPLOYEES IN THE PALM SPRINGS FIRE MANAGEMENT ASSOCIATION
FOR THE PERIOD OF JULY 1, 2021 THROUGH JUNE 30, 2023, SUBJECT TO
ASSOCIATION EXECUTING THE MEMORANDUM OF UNDERSTANDING."
2. Authorize the City Manager to execute the Memorandum of Understanding (MOU)
and all documents necessary to effectuate the above action, including the allocation and
compensation plans, agreements and contracts, and any non -substantial MOU language
or reorganization.
F. SECOND READING AND ADOPTION OF ORDINANCE NO. 2059 AMENDING
CHAPTER 10.22.060 OF THE PALM SPRINGS MUNICIPAL CODE RELATED
TO UNATTENDED ANIMALS IN ENCLOSED VEHICLES — GUIDE DOGS OF
THE DESERT
City of Palm Springs Page 4
City Council Minutes February 10, 2022
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Ordinance No. 2059 entitled, "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
PALM SPRINGS MUNICIPAL CODE CHAPTER 10.22 RELATED TO
UNATTENDED ANIMALS IN ENCLOSED VEHICLES."
G. SECOND READING AND ADOPTION OF ORDINANCE NO. 2058 TO
IMPLEMENT SENATE BILL 9 REQUIREMENTS FOR URBAN LOT SPLITS
AND TWO -UNIT RESIDENTIAL DEVELOPMENTS, CASE 5.1548 ZTA
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Ordinance No. 2058 entitled, "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
CHAPTER 9.62 ,OF THE PALM SPRINGS MUNICIPAL CODE AND CHAPTER 93.00
OF THE PALM SPRINGS ZONING CODE RELATING TO URBAN LOT SPLITS AND
TWO -UNIT PROJECTS AND DETERMINING THE ORDINANCE TO BE EXEMPT
FROM CEQA."
H.APPROVAL OF CONTRACT PURCHASE AGREEMENTS WITH SC
COMMERCIAL, LLC, DOWNS ENERGY, WEX BANK DBA WRIGHT EXPRESS
FSC, SOUTH COAST EVS. AND DANIELS TIRE SERVICE, INC. IN A
COMBINED AMOUNT NOT TO EXCEED OF $2,191,925.75
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
In accordance with Palm Springs Municipal Code Section 7.09.010, "Cooperative
Purchasing Programs," ratify and increase a Blanket Purchase Order for SC
Commercial, LLC for diesel fuel in an amount not -to -exceed $253,000 through March
31, 2022, subject to extension at the approval of City Council, at the cooperative unit
pricing offered under the County of Riverside agreement #RIVCO-40500-002-10/12.
2. In accordance with Palm Springs Municipal Code Section 7.09.010, "Cooperative
Purchasing Programs," ratify a Blanket Purchase Order for Downs Energy for diesel
fuel in an amount not -to -exceed $485,000 through March 31, 2022, subject to extension
at the approval of City Council, at the cooperative unit pricing offered under the County
of Riverside agreement #RIVCO-40500-002-10/12.
In accordance with Palm Springs Municipal Code Section 7.09.010, "Cooperative
Purchasing Programs," award a Contract Service Agreement for WEX Bank dba
Wright Express FSC for a fuel card program in an amount not -to -exceed $235,173.75
for a five-year term, subject to extension at the approval of City Council, based on the
State of California, Department of General Services Division Agreement Number 5-
19-99-19.
4. In accordance with Palm Springs Municipal Code Section 7.05.020, "Sole Source
Procurement by the City," increase a Blanket Purchase Order for South Coast
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City Council Minutes February 10 2022
Emergency Vehicle Services for off -site fire apparatus repairs and parts in an amount
not -to -exceed $300,000 through June 30, 2022, subject to extension at the approval of
City Council, as a sole source provider of repairs to Pierce Equipment.
5. In accordance with Palm Springs Municipal Code Section 7.09.010, "Cooperative
Purchasing Programs," award a Contract Service Agreement for Daniels Tire Service,
hie., in an amount not -to -exceed $918,750 for a five-year term, subject to extension at
the approval of City Council, at the cooperative unit pricing offered under NJPA
Sourcewell Agreement #102517-GTC.
6. Authorize the City Manager to execute all necessary documents.
MEETING RECESS:
The City Council recessed at 6:45 p.m. and reconvened at 7:01 p.m. with all members present.
2. PUBLIC HEARINGS:
A. REDISTRICTING 2021: PUBLIC HEARING REGARDING REDISTRICTING OF
CITY COUNCIL BOUNDARIES AS REQUIRED BY ELECTIONS CODE
SECTION 21601 ET SEQ.
City Clerk Mejia introduced Jim Priest, Elections Expert and Consultant with Best, Best
and Krieger, and deferred to him for a report.
Mr. Priest presented the report; discussed the redistricting process, map options,
adjustments, incorporating input from the public, staff and City Council and asked that the
focus this evening be on the publicly submitted maps.
Discussion followed regarding Map Option J, conformance to all required criteria,
measuring deviations, existing districts compared with Map Option J and significant
changes.
Mayor Middleton opened the public hearing.
David Freedman described details of the map he submitted; addressed objectives and
expressed support for Map J with adjustments that are consistent with the current Council
boundaries and comments as discussed.
There were no other public comments and Mayor Middleton closed the public hearing.
Mayor Pro Tern Garner explained that she requested that all of the Gene Autrey
neighborhood be in District 1.
City Clerk Mejia noted doing so would impact 1,600 people.
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City Council Minutes February 10, 2022
Councilmember Kors noted the Las Palmas Neighborhood organization line has changed
to Tahquitz, west of Palm Canyon.
Mayor Middleton thanked Mr. Mejia, Mr. Priest and the public for the excellent work.
Councilmember Holstege reported speaking with City Clerk Mejia on this matter.
The City Council provided direction to staff as appropriate.
B. AN APPLICATION BY THE CITY OF PALM SPRINGS FOR HISTORIC
DESIGNATION OF "EL DUMPO ADOBE" LOCATED AT 2275 S. ARABY, (APN
510-232-020), AND "THE ARABY ROCK HOUSES" LOCATED AT 2350 (APN
510-241-037), 2500 (APN 510-270-006), 2501(APN 510-270-013), 2540 (APN 510-270-
024), AND 2550 (APN 510-270-004) SOUTH ARABY DRIVE, CASE HSPB 4128
AND #129
Deputy City Manager Flynn Fagg narrated a PowerPoint presentation regarding the item.
Discussion followed the property whose owner objected to the designation, considering the
findings and merits of the case, the need for a public benefit to the designation to override
the wishes of a property owner, maintenance and tax benefits to the property owner.
Mayor Middleton opened the public hearing.
June Rupp, property owner, 2540 S. Araby Drive, alleged the City does not care about her
safety and welfare; stated she is deed restricted and reported she is not ready for her
property to be designated as historic; listed problems with access and unsanitary conditions
that have not been addressed by an adjacent property owner and reported there is no sewer
to the property.
There were no other public comments and Mayor Middleton closed the public hearing.
City Ballinger listed the two issues related to access to the property and the lack of septic
services; noted access involves a private dispute between her and her neighbor and the lack
of septic services by her neighbor is a Code violation that will be addressed by the City.
Councilmember Holstege reported speaking with the property owner regarding this item.
City Attorney Ballinger discussed next steps in the process.
MOTION BY MAYOR MIDDLETON, SECOND BY COUNCILMEMBER KORS,
CARRIED 5-0, to:
1. Adopt Resolution No. 24981 entitled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING "EL DUMPO
ADOBE" LOCATED AT 2275 SOUTH ARABY DRIVE, AS CLASS 1 (LANDMARK)
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City Council Minutes February 10 2022
HISTORIC RESOURCE HSPB #128, SUBJECT TO CONDITIONS (APN 510-232-
010y,
2. Adopt Resolution No. 24982 entitled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING "THE ARABY
ROCK HOUSES" LOCATED AT 2350 (APN 510-241-037), 2500 (APN 510-270-006),
2501 (APN 510-270-013), 2540 (APN 510-270-024), AND 2550 (APN 510-270-004)
SOUTH ARABY DRIVE AS CLASS I (LANDMARK) HISTORIC RESOURCES
HSPB #129, SUBJECT TO CONDITIONS."
3. Direct staff to work with Julie Rupp to address her code compliance complaints if under
the City's jurisdiction.
C. VACATION OF A PORTION OF THE PUBLIC RIGHT-OF-WAY OF GRANVIA
VALMONTE LOCATED BETWEEN INDIAN CANYON DRIVE AND VIA
CHICA IN SECTION 11, TOWNSHIP 4 SOUTH, RANGE 4 EAST;
ENGINEERING FILE R 21-21-0276
City Engineer Joel Montalvo presented details of the staff report.
Mayor Middleton opened the public hearing. There were no public comments and Mayor
Middleton closed the public hearing.
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 24983 entitled, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A VACATION AND ABANDONING ALL OF ITS RIGHT, TITLE AND
INTEREST IN A PORTION OF RIGHT-OF-WAY FOR GRANVIA VALMONTE,
LOCATED AT 276 GRANVIA VALMONTE, AT THE NW CORNER OF GRANVIA
VALMONTE AND VIA CHICA, IN SECTION 11, TOWNSHIP 4, RANGE 4 EAST
ENGINEERING FILE R 21-21-0276, AND APPROVING A DETERMINATION THAT
THE ACTION IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)."
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS:
A. REVIEW OF EMERGENCY ORDERS RELATED TO COVID-19
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to authorize the City Manager to remove emergency orders related
to COVID-19, in a phased approach and based on scientific data and benchmarks.
5. NEW BUSINESS:
A. COLLEGE OF THE DESERT PRESENTATION AND DISCUSSION
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City Council Minutes February 10 2022
This item was deleted from the agenda.
PUBLIC COMMENT: (Non -Agenda Items) - None
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT:
City Manager Clifton discussed the tentative upcoming meetings schedule; addressed efforts to
schedule Item No. 5A and to reorder the agenda to accommodate it and public comments and
reiterated that Item No. 5A will be scheduled for an upcoming meeting with ample time for
public comment.
Discussion followed regarding the rules and procedures item.
ADJOURNMENT:
The City Council adjourned at 8:20 p.m.
Respectfully submitted,
/4vx,"
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: 11/28/2022
City of Palm Springs Page 9