HomeMy WebLinkAbout2022-04-07 CC MINUTES;Otp PlM SP9
A
's
Y N
Cq<IFORN�p
Thursday, April 7, 2022
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
Pursuant to Assembly Bill 361 this meeting was also conducted by teleconference.
CALL TO ORDER:
A Regular Meeting of the Palm Springs City Council was called to order by Mayor Middleton
on Thursday, April 7, 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; and Mayor Lisa
Middleton
Absent: Mayor Pro Tern Grace Elena Gamer
City Staff
Present: Justin Clifton, City Manager; Jeffrey Ballinger, City Attorney; and Monique Lomeli,
Interim City Clerk, were present at Roll Call. Other staff members presented reports
or responded to questions as indicated in the minutes.
ACCEPTANCE OF THE AGENDA:
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER HOLSTEGE,
CARRIED 4-0, to remove Item 1H from the agenda as requested by staff and accept the agenda.
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of April 7, 2022, was called to order by Mayor
Middleton at 3:30 p.m., with a quorum present (Garner absent).
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):
Four (4) matters that, under the existing circumstances, the City Attorney believes create
significant exposure to litigation.
CONFERENCE WITH LEGAL COUNSEL — DISCUSSION TO CONSIDER INITIATION OF
LITIGATION, Pursuant to Government Code Section 54956.9(d)(4):
City Council Minutes April 7 2022
Under existing facts and circumstances, there are four (4) 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, Deputy City Manager
Stephanie George, Human Resources Director
Andrew Mills, Chief of Police
Peter Brown, Legal Counsel
Employee Organization: Palm Springs Police Officers Association (PSPOA)
Palm Springs Police Management Association (PSPMA)
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 EMPLOYEE PERFORMANCE EVALUATION, Pursuant to Government Code Section
54957:
City Employee: City Manager
City Employee: City Attorney
PUBLIC TESTIMONY:
Kathy Wormack
Jane Garrison
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS:
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
WOODS, CARRIED 4-0, to approve the consent calendar, with the removal of Item 1B for
separate discussion.
A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION,AND
COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
RECOMMENDATION: 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. CULTURALLY STRONG MURAL PROJECT
City of Palm Springs Page 2
City Council Minutes April 7, 2022
The City Council directed staff to reengage the Public Arts Commission and explore
options to integrate the mural project with wayfinding initiatives.
C. APPROVE A NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT
WITH ALCLEAR, LLC DBA CLEAR, FOR BIOMETRIC PASSENGER
SCREENING SERVICES AT THE PALM SPRINGS INTERNATIONAL
AIRPORT
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
WOODS, CARRIED 4-0, to:
1. Approve a Non -Exclusive Operating and Lease Agreement with Alclear, LLC dba
CLEAR, consisting of a one-year term from April 1, 2022, to March 31, 2023, with
two one-year extension options, generating a yearly space rent of $14,271.96 and $.75
per passenger using CLEAR biometric screening services. the new 2022 Air Service
Incentive Program
2. Authorize the City Manager to execute all documents.
D. APPROVE A SOLE SOURCE AGREEMENT WITH ENVIRONMENTAL
SYSTEMS RESEARCH INSTITUTE (ESRI) FOR ENTERPRISE GIS SOFTWARE
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
WOODS, CARRIED 4-0, to:
1. Approve a 3-year sole source agreement with ESRI in the amount of $38,500 per year,
not to exceed $115,500 over 3-year contract period.
2. Authorize the City Manager to execute all necessary documents.
E. APPROVAL OF THE FISCAL YEAR 2022/2023 SCA 152 SPECIAL ASSESSMENT
RATE
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
WOODS, CARRIED 4-0, to:
1. Adopt Resolution No. 24999 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING FINDINGS AND
REAFFIRMING THE ESTABLISHMENT AND SETTING OF RATES FOR
COUNTY SERCIVE AREA 152 FOR FISCAL YEAR 2022/2023 TO FUND THE
CITY'S NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM
(NPDES) PERMIT IN ORDER TO OPERATE AND MAINTAIN THE CITY'S
DRAINAGE AND FLOOD CONTROL SYSTEMS."
F. REQUEST BY JOSEPH MANTELLO AND PAUL MARLOW, OWNERS, FOR
APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR THE DONALD WEXLER RESIDENCE, A CLASS 1
HISTORIC SITE LOCATED AT 1272 EAST VERBENA DRIVE (APN #507-253-
009), (RSPB #139)
City of Palm Springs Page 3
City Council Minutes April 7 2022
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
WOODS, CARRIED 4-0, to:
1. Approve a Mills Act Historic Property Preservation Agreement between the City of
Palm Springs and Joseph Mantello and Paul Marlow.
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement with the County of Riverside.
G. REQUEST BY DANIEL E. BRIDGE, OWNER, FOR APPROVAL OF A MILLS
ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR THE
ALEXANDER HOUSE OF TOMORROW, A CLASS 1 HISTORIC SITE
LOCATED AT 1350 LADERA CIRCLE (APN #505-082-026), (RSPB #136)
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
WOODS, CARRIED 4-0, to:
1. Approve a Mills Act Historic Property Preservation Agreement between the City of
Palm Springs and Daniel E. Bridge.
2. Authorize the City Manager to execute the Agreement
3. Direct the City Clerk to record the Agreement with the County of Riverside.
H. AWARD CONSTRUCTION CONTRACT TO ELECNOR BELCO ELECTRIC,
INC., IN THE AMOUNT OF $2,723,329 FOR THE HIGHWAY SAFETY
IMPROVEMENT PROGRAM (CYCLE 8), FEDERAL AID PROJECT NO.
HSIPLN-5282(047), CITY PROJECT NO.16-18
This item was removed from the agenda
I. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
WOODS, CARRIED 4-0, to:
1. Adopt Resolution No. 25000 entitled, " A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 01-22-
22 AND 02-05-22 TOTALING $4,215,704.30 AND ACCOUNTS PAYABLE
WARRANTS DATED 01-20-22 AND 02-03-22 TOTALING $8,724,113.18, INTHE
AGGREGATE AMOUNT OF $12,939,817.48, DRAWN ON BANK OF AMERICA."
J. APPROVAL OF CONTRACT SERVICE AGREEMENTS WITH LIBCO INC.,
DBA MAGICAL HOLIDAY DESIGNS; KINCAID INDUSTRIES, INC.;
CALIFORNIA EASY RENOVATIONS, INC.; ALLISON MECHANICAL, INC.; M.
BREY ELECTRIC, INC.; AJ FISTES CORPORATION; VALLEY LOCK AND
City of Palm Springs Page 4
City Council Minutes April 7, 2022
SAFE, INC.; AND AL MILLER & SONS ROOFING CO., INC. IN A TOTAL
AMOUNT NOT TO EXCEED $2,823,450
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
WOODS, CARRIED 4-0, to:
Approve Contract Services Agreement No. A9078 with Libco Inc., DBA Magical
Holiday Designs, a California corporation, to provide holiday decoration installation
services for a three-year term in the amount of $123,450 beginning April 11, 2022,
through April 10, 2025, with two one-year optional extensions.
2. Approve Contract Services Agreement No. A9071 with Kincaid Industries, Inc., a
California corporation, to provide plumbing maintenance and installation services for
a three-year term in the amount of $300,000 beginning April 11, 2022, through April
10, 2025, with two one-year optional extensions.
3. Approve Contract Services Agreement No. A9070 with California Easy Renovations,
Inc., a California corporation, to provide building repair and renovation services for a
three-year term in the amount of $300,000 beginning April 11, 2022, through April 10,
2025, with two one-year optional extensions.
4. Approve Contract Services Agreement No. A9069 with Allison Mechanical, Inc., a
California corporation, to provide HVAC maintenance and installation services for a
three-year term in the amount of $600,000 beginning April 11, 2022, through April 10,
2025, with two one-year optional extensions.
5. Approve Contract Services Agreement No. A9068 with M. Brey Electric, Inc., a
California corporation, to provide electrical maintenance and installation services for a
three-year term in the amount of $600,000 beginning April 11, 2022, through April 10,
2025, with two one-year optional extensions.
6. Approve Contract Services Agreement No. A9079 with AJ Fistes Corporation, a
California corporation, to provide painting and wallcovering services for a three-year
term in the amount of $300,000 beginning April 11, 2022, through April 10, 2025, with
two one-year optional extensions.
Approve Contract Services Agreement No. A9065 with Valley Lock and Safe, Inc., a
California corporation, to provide locksmith services for a three-year term in the
amount of $300,000 beginning April 11, 2022, through April 10, 2025, with two one-
year optional extensions.
8. Approve Contract Services Agreement No. A9077 with Al Miller & Sons Roofing
Co., Inc., a California corporation, to provide roofing inspection, repair, and installation
services for a three-year term in the amount of $300,000 beginning April 11, 2022,
through April 10, 2025, with two one-year optional extensions.
9. Authorize the City Manager to execute all necessary documents.
City of Palm Springs Page 5
K. SECOND READING AND ADOPTION OF ORDINANCE NO.2062 APPROVING
CASE 5.1521 CZ, CHANGE OF ZONE, TO AMEND THE CURRENT ZONE
DESIGNATION OF `PLANNED RESEARCH AND DEVELOPMENT PARK' (M-
1-P) TO `SINGLE-FAMILY RESIDENTIAL' (R-1-C) FOR THE SUBDIVISION OF
A 2.53-ACRE LOT INTO EIGHT (8) SINGLE-FAMILY RESIDENTIAL PARCEL
FOR FUTURE DEVELOPMENT AT 2700 EAST ALEJO ROAD, SECTION 12.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
WOODS, CARRIED 3-0-1 (Holstege recused) to:
1. Waive the second reading of the ordinance text in its entirety and adopt Ordinance No.
2062 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING CASE 5.1521 CZ, CHANGE OF ZONE, TO
AMEND THE CURRENT ZONE DESIGNATION OF `PLANNED RESEARCH AND
DEVELOPMENT PARK' (M-1-P) TO `SINGLE-FAMILY RESIDENTIAL' (R-1-C)
FOR THE SUBDIVISION OF A 2.53- ACRE LOT INTO EIGHT (8) SINGLE-FAMILY
RESIDENTIAL PARCELS FOR FUTURE DEVELOPMENT AT 2700 EAST ALEJO
ROAD, SECTION 12."
L. SECOND READING AND ADOPTION OF ORDINANCE NO. 2063 APPROVING
THE ANNUAL UPDATE OF THE PALM SPRINGS ZONING CODE AND
MUNICIPAL CODE (CASE 5.1466 ZTA).
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
WOODS, CARRIED 4-0, to:
1. Waive the second reading of the ordinance text in its entirety and adopt Ordinance
No. 2063 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING AN ANNUAL UPDATE TO THE
PALM SPRINGS ZONING CODE (CASE 5.1466 ZTA)."
2. PUBLIC HEARINGS:
A. AN APPEAL BY ERIC KRUT OF CARMELITA PROPERTIES LIMITED OF
THE DECISION BY THE PLANNING COMMISSION TO DENY MAJOR
ARCHITECTURAL (MAJ) AND ADMINISTRATIVE MINOR MODIFICATION
(AMM) APPLICATIONS, CASE 3.4215 MAJ AND CASE 7.1632 AMM, FOR THE
CONSTRUCTION OF A 3,278-SQUARE-FOOT SINGLE-FAMILY RESIDENCE
WITH A 10-FOOT FRONT YARD SETBACK AND THE MAXIMUM BUILDING
HEIGHT OF 23.6 FEET ON A 15,173-SQUARE-FOOT UNDEVELOPED
HILLSIDE PARCEL LOCATED AT 310 WEST CRESTVIEW DRIVE, ZONE R-1-
C, SECTION 27 (CASE 3.4215 MAJ & CASE 7.1632 AMM)
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
WOODS, CARRIED 3-1 (MIDDLETON VOTING NO), to OVERTURN the Planning
Commission's decision to deny and approve Major Architectural (MAJ) and
Administrative Minor Modification (AMM) applications, Case 3.4215 MAJ and Case
7.1632 AMM, for the construction of a 3,278-square-foot single-family residence with the
front yard setback of 10 feet and the maximum building height of 23.6 feet on an
City of Palm Springs Page 6
City Council Minutes Awil 7, 2022
undeveloped hillside parcel located at 310 West Crestview Drive, Zone R-1-C, Section27
(Case 3.4215 MAJ & Case 7.1632 AMM)," with direction to staff to bring forth a revised
resolution on a future consent calendar.
B. AN APPEAL BY ERIC KRUT OF CARMELITA PROPERTIES LIMITED OF
THE DECISION BY THE PLANNING COMMISSION TO DENY MAJOR
ARCHITECTURAL (MAJ) AND ADMINISTRATIVE MINOR MODIFICATION
(AMM) APPLICATIONS, CASE 3.4216 MAJ AND CASE 7.1633 AMM, FOR THE
CONSTRUCTION OF A 3,344-SQUARE-FOOT SINGLE-FAMILY RESIDENCE
WITH A 10-FOOT FRONT YARD SETBACK AND THE MAXIMUM BUILDING
HEIGHT OF 25.8 FEET ON A 11,206-SQUARE-FOOT UNDEVELOPED
HILLSIDE PARCEL LOCATED AT 322 WEST CRESTVIEW DRIVE, ZONE R-1-
C, SECTION 27 (CASE 3.4216 MAJ & CASE 7.1633 AMM)
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
WOODS, CARRIED 3-1 (MIDDLETON VOTING NO), to OVERTURN the Planning
Commission's decision to deny and approve Major Architectural (MAJ) and
Administrative Minor Modification (AMM) applications, Case 3.4216 MAJ and Case
7.1633 AMM, for the construction of a 3,344-square-foot single-family residence with the
front yard setback of 10 feet and the maximum building height of 25.8 feet on an
undeveloped hillside parcel located at 322 West Crestview Drive, Zone R-1-C, Section27
(Case 3.4216 MAJ & Case 7.1633 AMM)" with direction to staff to bring forth a revised
resolution on a future consent calendar.
3. BUSINESS & LEGISLATIVE:
A. COLLEGE OF THE DESERT PRESENTATION AND DISCUSSION
Representatives from College of the Desert provided an informational presentation
regarding the College of the Desert Palm Springs Campus.
B. GIFT TERM SHEET IN THE AMOUNT OF $5,000,000 WITH DAVID LEE FOR
THE RESTORATION OF THE PALM SPRINGS PLAZA THEATRE
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
KORS, CARRIED 4-0, to:
1. Approve Gift Term Sheet between City of Palm Springs, The Palm Springs Plaza Theatre
Foundation, and David Lee Foundation #2 regarding a Five Million Dollar ($5,000,000)
Gift for the historic Palm Springs Plaza Theatre.
2. Authorize the City Manager to execute the Term Sheet, as well as a Gift Agreement,
consistent with the Term Sheet, in a form acceptable to the City Manager and City
Attorney.
C. INCREASE ANNUAL LIMIT FOR HOUSING CONSULTANT SERVICES
AGREEMENT WITH LESAR DEVELOPMENT CONSULTANTS
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
KORS, CARRIED 4-0, to:
City of Palm Springs Page 7
City Council Minutes April 7 2022
1. Authorize the City Manager to increase the Contract Service Agreement with LeSar
Development Consultants for an amount not to exceed $255,000 annually with up to
three additional years, for a total amount of $875,000.
2. Authorize the City Manager or his designee to execute all necessary documents.
D. 2007 GENERAL PLAN LIMITED UPDATE — A REVIEW OF REVISIONS TO
THE GENERAL PLAN VISION AND PRIORITY STATEMENTS AND THE
DRAFT LAND USE PLAN
Provided direction to staff on proposed Vision and Priority statements for the 2040 General
Plan and proposed Land Use Plan for the 2040 General Plan.
PUBLIC TESTIMONY (Non -Agenda Items):
PUBLIC TESTIMONY:
Tracey Folk
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT:
Councilmember Kors was apart of Eisenhower Health Dedication ceremony.
Mayor Middleton acknowledges that 04/08/22 7PM-8PM FIND Food Bank telethon. Attended
Senior awards at Fantasy Springs Casino. Updated on events attended. Clarified programs that are
offered to citizens.
The City Council provided feedback to the City Manager regarding upcoming agenda items.
ADJOURNMENT: The meeting adjourned at 11:00 p.m.
Respectfully submitted,
�i
Br nda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL:11/28/2022
City of Palm Springs Page 8