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Thursday, February 24, 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.
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A Regular Meeting of the Palm Springs City Council was called to order by Mayor Middleton
on Thursday, February 24, 2022, at 5:30 p.m.
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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:
• PRESENTATION OF A PROCLAMATION IN RECOGNITION OF COVID-19
MEMORIAL DAY (Mayor Middleton)
PRESENTATION OF A PROCLAMATION TO ANTHONY MEJIA, CITY CLERK
(Mayor Middleton)
REMEMBRANCE FOR CHARLES DUNN, PAST PALM SPRINGS SENIOR
INSPIRATION AWARD HONOREE (Mayor Middleton)
ACCEPTANCE OF THE AGENDA:
MOTION BY COUNCILMEMBER _, SECOND BY COUNCILMEMBER _, CARRIED 5-0, to
remove Consent Calendar Item Nos. _ for separate discussion.
REPORT OF CLOSED SESSION:
City Council Minutes February 24.2022
The Regular Closed Session of the City Council of February 24, 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:
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 six (6) matters the City Council has decided
or may decide to initiate litigation.
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:
1.
Bill Rutan
2.
Amado Salinas
3.
Lauren Labaran
4.
Dawn Mills
5.
David Wynor
6.
Stephanie Martin
7.
Dan Rasi
8.
David Christian
9.
Scott Williams
10.
Doug Evans
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City Council Minutes February 24, 2022
11. Gloria Thompson
12. Gary Holland
13. Bobby Gray
14. Susan Smith
15. Brad Ward
16. Sue LeFevre
17. Norm King
18. Steve Braft
19. Marjorie Holland
20. Danna Hayes
21. Ben Mayfield
22. Tristan Milanovich
23. Julie Buller
24. Delia Ruiz
25. Donna Sturgeon
26. Andrew Starky
27. Keith Zable
28. Janelle Hyman
29. Dottie Wilder
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS:
1. CONSENT CALENDAR:
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS,
CARRIED 5-0, to approve the consent calendar, with the removal of Item Nos. _ for separate
discussion.
A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND
COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
MOTION BY COUNCILMEMBER_, SECOND BY COUNCILMEMBER_, 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 AMENDMENT NO. 2 TO CONTRACT SERVICES
AGREEMENT WITH ACE PARKING MANAGEMENT, INC.
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
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City Council Minutes February 24 2022
1. Approve Amendment No. 2 to the Contract Services Agreement with Ace Parking
Management, Inc. for parking enforcement management services, exercising the final
two-year term extension option, in an amount not to exceed $180,732.
2. Authorize the City Manager to execute all necessary documents.
C. APPROVAL OF AMENDMENT NO. 6 TO THE ALLOCATED POSITIONS AND
COMPENSATION PLAN FOR FISCAL YEAR 2021-22
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Adopt Resolution No. 24985 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT
NO. 6 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. APPROVAL OF AGREEMENT BETWEEN THE COACHELLA VALLEY
ASSOCIATION OF GOVERNMENTS (CVAG) AND THE CITY OF PALM
SPRINGS FOR THE TRANSFER OF PRIVATE DEVELOPER FUNDS TO CVAG
RELATING TO CONSTRUCTION OF THE CV LINK PROJECT WITHIN PALM
SPRINGS
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve an Agreement by and between the City of Palm Springs and the Coachella
Valley Association of Governments (CVAG) to allow for the transfer of $1,063,044
private developer funds to CVAG relating to the construction of the CV Link project
adjacent to Tract 32233 (the Escena Project, or "Bscena") and Tract 31848 (the Miralon
Project, or "Miralon").
2. Authorize the City Manager to execute all necessary documents.
E. ACCEPTANCE OF DONATION FROM PAUL E. SCHEHBNER AND IRENE M.
SCHEIBNER REVOCABLE TRUST IN THE AMOUNT OF $25,000 FOR PALM
SPRINGS PUBLIC LIBRARY TRUST FUND
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve the acceptance of a donation award from the Paul E. Scheibner and Irene M.
Scheibner Revocable Trust in the amount of $25,000.
2. Authorize the City Manager to execute all necessary documents.
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City Council Minutes February 24, 2022
F. APPROVAL OF PARCEL MAP 38247 FOR A 122-UNIT APARTMENT
DEVELOPMENT ("LIVING OUT") AT 1122 EAST TAHQUITZ CANYON WAY
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Resolution No. 24986 entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PARCEL MAP 38247 FOR KOAR PALM SPRINGS, LLC A
DELAWARE LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED AT
1122 EAST TAHQUITZ CANYON WAY, IN SECTION 14, TOWNSHIP 4 SOUTH,
RANGE 4 EAST."
G. APPROVAL OF AN AMENDED AND REINSTATED ENCROACHMENT
AGREEMENT WITH THE AGUA CALIENTE BAND OF CAHUILLA INDIANS
FOR A VEHICULAR ENTRANCE GATE TO THE TAHQUITZ VISITOR
CENTER WITHIN THE WEST END OF THE MESQUITE AVENUE PUBLIC
RIGHT-OF-WAY IN SECTION 22, TOWNSHIP 4 SOUTH, RANGE 4 EAST,
ENGINEERING FILE EA 22-01-0500
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Adopt Resolution No. 24987 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AMENDED
AND REINSTATED ENCROACHMENT AGREEMENT WITH THE AGUA
CALIENTE BAND OF CAHUILLA INDIANS FOR A VEHICULAR ENTRANCE
GATE TO THE TAHQUITZ VISITOR CENTER WITHIN THE WEST END OF
MESQUITE AVENUE PUBLIC RIGHT-OF-WAY IN SECTION 22, TOWNSHIP 4
SOUTH, RANGE 4 EAST, ENGINEERING FILE EA 22-01-0500, AND
APPROVING A DETERMINATION THAT THE ACTION IS CATEGORICALLY
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA)."
2. Authorize the City Manager to execute all necessary documents.
H. MEMORANDUM OF UNDERSTANDING WITH THE PALM SPRINGS PUBLIC
EMPLOYEES' ASSOCIATION OF PALM SPRINGS
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Adopt Resolution No. 24988 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 PUBLIC EMPLOYEES' ASSOCIATION OF PALM
SPRINGS FOR THE PERIOD OF JULY 1, 2021, THROUGH JUNE 30, 2023,
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City Council Minutes February 24 2022
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.
I. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AUTHORIZING SUBMITTAL OF A NOTIFICATION OF
INTENT TO COMPLY WITH SENATE BILL 1383 REGULATIONS
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Resolution No. 24989 entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING SUBMITTAL OF A NOTIFICATION OF INTENT TO COMPLY
WITH SENATE BILL 1383 REGULATIONS."
J. FORMAL CITY COUNCIL ACCEPTANCE OF THE 2021 SEWER
COLLECTION SYSTEM REPAIRS, CITY PROJECT NO. 21-18, IS REQUIRED
TO DOCUMENT THE COMPLETION OF THE PUBLIC WORKS
IMPROVEMENTS AND TO ALLOW THE CITY'S FILING OF A NOTICE OF
COMPLETION WITH THE RIVERSIDE COUNTY RECORDER IN
ACCORDANCE WITH SECTION 9200 OF THE CALIFORNIA CIVIL CODE
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Accept the public works improvement identified as 2021 Sewer Collection System
Repairs, City Project No. 21-18 ("Project"), as completed in accordance with 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 2021 Sewer Collection System Repairs,
City Project No, 21-18.
K. APPROVE AMENDMENT NO. 2 TO CONCESSION LEASE AGREEMENT NO.
A5855 WITH LAMAR AIRPORT ADVERTISING COMPANY
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve Amendment No. 2 to Agreement No. A5855 with Lamar Airport Advertising
Company for a one-year contract services agreement extension from April 1, 2022,
through March 31, 2023.
2. Authorize the City Manager or his designee to execute all necessary documents.
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City Council Minutes February 24, 2022
L. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE
PERIOD OF JANUARY 1 THROUGH JANUARY 31, 2022
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to receive and file the report of Staff Authorized Agreements and
Purchase Orders for the period of January 1 through January 31, 2022.
EXCLUDED CONSENT CALENDAR:
2. PUBLIC HEARINGS:
A. REDISTRICTING 2021: PUBLIC HEARING REGARDING REDISTRICTING OF
CITY COUNCIL BOUNDARIES, ADOPTION OF A DISTRICT BOUNDARIES
MAP, AND INTRODUCTION OF AN ORDINANCE ADJUSTING ELECTION
DISTRICT BOUNDARIES AS REQUIRED BY ELECTIONS CODE SECTION
21601 ET SEQ
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to introduce Ordinance No. 2060 entitled, "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS AMENDING PALM
SPRINGS MUNICIPAL CODE SECTION 2.02.005(B) REGARDING BY -DISTRICT
ELECTIONS, ADJUSTING THE BOUNDARIES OF CITY COUNCIL ELECTION
DISTRICTS AND CONFIRMING SUCH REVISED COUNCIL DISTRICT
BOUNDARIES, AS REFLECTED IN THE ATTACHED MAP."
B. AN APPLICATION BY CHARLES AND PATRICIA STUMPF, OWNERS, FOR
HISTORIC DESIGNATION OF "THE WILLIAM PURCELL RESIDENCE"
LOCATED AT 252 OCOTILLO DRIVE, (APN #508-292-013), CASE HSPB 9141
MOTION BY MAYOR PRO TEM, SECOND BY COUNCILMEMBER KORS,
CARRIED 5-0, to adopt Resolution No. 24990 entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING "THE
WILLIAM PURCELL RESIDENCE" LOCATED AT 252 OCOTILLO DRIVE, AS
CLASS 2 (HISTORIC MERIT) HISTORIC RESOURCE HSPB #141, SUBJECT TO
CONDITIONS (APN 508-292-913)."
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS:
A. DISCUSSION OF THE USE OF FIREWORKS WITHIN THE CITY OF PALM
SPRINGS
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City Council Minutes February 24 2022
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 3-2, NOYES COUNCILMEMBER KORS AND MAYOR
MIDDLETON to:
1.
5. NEW BUSINESS:
A. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2022-2023 ANNUAL
ACTION PLAN AND BUDGET DISCUSSION
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to CDBG Annual Action Plan (AAP) is prepared by the City
every year pursuant to requirements set forth by the Department of Housing and Urban
Development (HUD), which mandate that units of government receiving federal housing
and community development assistance must prepare an AAP as part of the
implementation of the Five Year Consolidated Plan (ConPlan) which serves as the
blueprint for community development activity in the City. At this time, Staff is seeking
input from the City Council regarding the Annual Action Plan and CDBG Budget for the
2022-2023 fiscal year.
B. FISCAL YEAR 2020-21 FINANCIAL AUDIT REPORTS OF THE CITY OF PALM
SPRINGS
By consensus, the City Council agreed to receive and file Fiscal Year 2020-21 Financial
Audit Reports to receive and file the following Financial Audit Reports for fiscal year June
30, 2021:
a. Comprehensive Annual Financial Report (CAFR)
b. Audit Communication letter to the City Council
c. Internal Control and Compliance letter to the City Council
d. Passenger Facility Charge (PFC) Report
e. Housing Successor Audit Communication letter to the City Council
f. Public Financing Authority Financial Statements.
g. Measure J Fund Report Annual Financial Report
h. Measure D Independent Accountant's Agreed Upon Procedures
i. Measure A Independent Accountant's Agreed Upon Procedures (Conrad CPA Firm)
C. APPEAL OF HISTORIC SITE PRESERVATION BOARD ACTION APPROVING
A CERTIFICATE OF APPROPRIATENESS FOR ALTERATIONS TO THE
PALM SPRINGS CITY HALL, A CLASS 1 (LANDMARK) HISTORIC SITE
LOCATED AT 3200 EAST TAHQUITZ CANYON WAY — REMOVAL OF FRANK
BOGERT STATUE, (RSPB #33D/ CASE 3.3377)
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to Resolution No. 24991 entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING
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City Council Minutes February 24, 2022
AN APPEAL OF HISTORIC SITE PRESERVATION BOARD ACTION APPROVING
A CERTIFICATE OF APPROPRIATENESS FOR ALTERATIONS TO THE PALM
SPRINGS CITY HALL, A CLASS 1 (LANDMARK) HISTORIC SITE LOCATED AT
3200 EAST TAHQUITZ CANYON WAY — REMOVAL OF FRANK BOGERT
STATUE, (HSPB #33D/ CASE 3.3377)."
D. REVISED CITY COUNCIL RULES OF PROCEDURE
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Resolution No. 24992 entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
THE CITY COUNCIL RULES OF PROCEDURE."
PUBLIC COMMENT:
NONE.
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT:
CITY MANAGER PRESENTED AGENDA DATES.
ADJOURNMENT:
The City Council adjourned at 10:20 p.m.
Respectfully submitted,
AU /fl�—
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: 11/28/2022
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