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Home My WebLink About2022-04-21 CC MINUTESo QALM,,. Y N r� <IFOCN�P• Thursday, April 21, 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 in addition to 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, April 21, 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 Tem Grace Elena Garner; and Mayor Lisa Middleton Absent: None City Staff Present: Justin Clifton, City Manager; Teresa Gallavan, Assistant 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. PRESENTATIONS: • PRESENTATION OF NATIONAL CRIME RIGHTS WEEK PRESENTATION OF A PROCLAMATION FOR NATIONAL ARAB AMERICAN HERITAGE MONTH (Mayor Lisa Middleton) PRESENTATION OF A PROCLAMATION FOR NATIONAL CRIME VICTIM RIGHTS WEEK. (Mayor Lisa Middleton) ACCEPTANCE OF THE AGENDA: MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to accept the agenda with Item No. 3A reordered to be heard first. City Council Minutes April 21 2022 REPORT OF CLOSED SESSION: The Regular Closed Session of the City Council of April 21, 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 create significant exposure to litigation. 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 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: Delia Ruiz Ron DeHarte Pastor Carl McPeters Betty Hall Brown Larry Holland Dieter Crawford Mickey Brown Michael Eleman City of Palm Springs Page 2 City Council Minutes April 21, 2022 Gary Holland Vera Abner David Weiner Jason Alvera Gary Grisele Jerry Pain Monroe Mabone Ben Mayfield Jeff Jones Elizabeth Dolores Kavon Ward Melissa Flores Robert Taylor Betty Mayfield Taylor Lorinda Adams Sanders Naomi Soto David McKnoll Gloria Holland Thompson Darius Wright Lavers Hoyes Frank Parker Stephanie Martin Elizabeth Heather Vicona Steve Walton David Hamlin Gracie Roosely Jenkins Pearl Deevers David Feltman Ronald Rogers Miriam Jeff Ball Alec De La Cruz CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS: None 1. CONSENT CALENDAR: MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0 (MIDDLETON recused from Item No. 1 B), to approve the consent calendar. 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. City of Palm Springs Page 3 City Council Minutes April 21 2022 B. APPROVAL OF PAYROLL WARRANTS, CLAIMS, AND DEMANDS MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 4-0-1 (Middleton recused), to adopt Resolution No. 25003 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 02-19-22 AND 03-05-22 TOTALING $3,735,126.76 AND ACCOUNTS PAYABLE WARRANTS DATED 02-17-22 AND03- 03-22 TOTALING $6,720,792.67, IN THE AGGREGATE AMOUNT OF $10,455,919.43, DRAWN ON BANK OF AMERICA." C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF MARCH 1 THROUGH MARCH 31, 2022 MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of March 1 through March 31, 2022 D. REJECT ALL BIDS RECEIVED FOR THE DESERT HIGHLAND BALLFIELD PROJECT AND AUTHORIZE STAFF TO RE -BID DESERT HIGHLAND BALLFIELD PROJECT, CITY PROJECT 21-22 MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: 1. Reject the bids received on March 2, 2022, for the Desert Highland Ballfreld Project, City Project 21-22. 2. Authorize staff to re -bid the Desert Highland Ballfield Project, City Project 21-22. E. APPROVAL OF A PURCHASE ORDER TO STANTEC CONSULTING SERVICES, INC. FOR CONSTRUCTION MANAGEMENT SERVICES IN AN AMOUNT NOT TO EXCEED $295,810 FOR THE BOGERT TRAIL SEWAGE LIFT STATION, CITY PROJECT NO.18-18 MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: 1. Authorize a Purchase Order in an amount not to exceed $295,810 with Stantec pursuant to the City's "on -call" agreement (A8564), for construction management services for the Bogert Trail Sewage Lift Station, City Project No. 18-18. 2. Authorize the City Manager to execute all necessary documents F. REQUEST BY STEPHEN NASH AND CYNTHIA NASH, OWNERS, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 295 EAST TWIN PALMS DRIVE, A CONTRIBUTING STRUCTURE IN THE ROYAL HAWAIIAN ESTATES HISTORIC DISTRICT City of Palm Springs Page 4 City Council Minutes Amil 21, 2022 (APN 9511-070-040), (RSPB #73 / HD-2) MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: 1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Stephen Nash, Cynthis Nash and the Royal Hawaiian Estates Homeowners Association. 2. Authorize the City Manager to execute the Agreement. 3. Direct the City Clerk to record the Agreement with the County of Riverside. G. AWARD A CONSTRUCTION CONTRACT TO ELECNOR BELCO ELECTRIC, INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $511,706 FOR FOR THE TRAFFIC SIGNAL INSTALLATION, SAN RAFAEL DRIVE, AND AVENIDA CABALLEROS, CITY PROJECT NO.20-33 MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: Award construction contract to Elecnor Belco Electric, Inc. (Belco), a California corporation, in the amount of $511,706 for the Traffic Signal Installation, San Rafael Drive and Avenida Caballeros, City Project No. 20-33. 2. Authorize the City Manager or his designee to execute all necessary documents. H. AWARD A CONSTRUCTION CONTRACT TO ELECNOR BELCO ELECTRIC, INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $638,881 FOR THE DESERT HIGHLAND TRAFFIC SIGNAL, INDIAN CANYON DRIVE AND ROSA PARKS ROAD, CITY PROJECT NO.20-19 MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: Award a construction contract to Elecnor Belco Electric, Inc. (Belco), a California corporation, in the amount of $638,881 for the Desert Highland Traffic Signal, Indian Canyon Drive and Rosa Parks Road, City Project No. 20-19. 2. Authorize the City Manager or his designee to execute all necessary documents. I. APPROVAL OF BOARD AND COMMISSION MEETING MINUTES MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: 1. Receive and file Board and Commission meeting minutes for the month of January and February 2022. City of Palm Springs Page 5 J. APPROVAL OF AMENDMENT NO.8 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2021-22 MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: Adopt Resolution No. 2.5004 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 8 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. K. ADOPTION OF ELECTRONIC SYSTEMS AND RECORDS POLICIES MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to approve and adopt the proposed Electronic Systems Use Policy, California Public Records Act Policy, San Jose Compliance Policy, Electronic Records Retention Policy, and Social Media Use Policy. L. APPROVE AMENDMENT NO. 1 TO AGREEMENT WITH VOHNE LICHE KENNELS, INC. FOR POLICE CANINE ACQUISITION, TRAINING, AND CERTIFICATION MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: Approve Amendment No. 1 to the contract services agreement with Volute Liche Kennels, Inc., for police canine acquisition, training, and certification. 2 Authorize the City Manager to execute all necessary documents. M. WAIVER OF FEES RELATED TO THE PALM SPRINGS CULTURAL CENTER USE OF THE DOWNTOWN PARK FOR AN OUTDOOR SUMMER MOVIE SERIES MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to authorize the City Manager to waive associated fees in the amount of $4,186 for the Palm Springs Cultural Center's use of the City's Downtown Park for the outdoor summer movie series. N. APPROVE MEMORANDUM OF UNDERSTANDING ACCEPTING GRANT FUNDS IN THE AMOUNT OF $486,222 FROM THE STATE OF CALIFORNIA DEPARTMENT OF JUSTICE TOBACCO GRANT PROGRAM MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: 1. Accept grant funding in the amount of $486,222 from the California Department of City of Palm Springs Page 6 City Council Minutes April 21. 2022 Justice Tobacco Grant Program. Appropriate the grant funding into the FY 2021-22, FY 2022-23, FY 2023-24, and FY 2024-25 budgets. 2 Authorize the City Manager or a designated representative to execute the grant documents, Memorandum of Understanding, and to submit all documents, including, without limitation, contracts, amendments, extensions, and payment requests as appropriate to accept the funds under and comply with the conditions of the grant. 3. Grant funds received hereafter shall not be used to supplant ongoing law enforcement expenditures I *(y M)1101 ZI1IM&I00 troyA 11 DQ117:\ C; 2. PUBLIC HEARINGS: A AN APPEAL BY LWSC LLC (BUILDING OWNER), c/o PSPC ENTERPRISES LLC, (dba FUEGO NIGHTCLUB) OF THE DECISION BY THE PLANNING COMMISSION TO DENY A CONDITIONAL USE PERMIT (CUP) FOR A NIGHTCLUB / COCKTAIL LOUNGE USE WITHIN AN EXISTING 9,504- SQUARE FOOT BUILDING WITH ACCOMPANYING OFF-STREET PARKING, LOCATED AT 383 SOUTH PALM CANYON DRIVE, ZONE CBD, (CASE 5.1544 CUP) MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER KORS, CARRIED 3-1-1 (MIDDLETON VOTING NO; GARNER RECUSED), to continue to a date uncertain; provided direction to Staff to reevaluate and conduct outreach to neighboring hotels. R COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2022-2023 ANNUAL ACTION PLAN (AAP) AND BUDGET ADOPTION HEARING AND AUTHORIZATION FOR SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT FOR THE FISCAL YEAR 2022-2023 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, 48TH PROGRAM YEAR AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY AGREEMENTS MOTION BY MAYOR MIDDLETON, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 4-0 (WOODS EXCUSED), to continue to a date certain (May 12, 2022). C. ADOPTION OF ORDINANCE AUTHORIZING A MILITARY EQUIPMENTUSE POLICY, AS REQUIRED BY ASSEMBLY BILL 481 RECOMMENDATION: MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to continue to a date certain (May 12, 2022). 3. BUSINESS & LEGISLATIVE: City of Palm Springs Page 7 City Council Minutes April 21 2022 A DISCUSSION OF POTENTIAL REPARATIONS PROGRAMS The City Council discussed reparations to residents impacted by the Section 14 evictions; provided direction to Staff regarding the exploration of programmatic reparations and direct monetary compensation. B REVIEW AND DISCUSSION OF CITY BOARDS AND COMMISSIONS By consensus, this item was continued to a date uncertain. C. DISCUSSION AND DIRECTION ON ASSEMBLY BILL AB 2336 — SPEED SAFETY CAMERAS PILOT PROGRAM MOTION BY MAYOR MIDDLETON, SECOND BY MAYOR PRO TEM GARNER, CARRIED 4-1 (WOODS VOTING NO), to authorize participation in the State Speed Safety Camera pilot program and authorize the issuance of a letter of support to the author(s) of Assembly Bill 2336. PUBLIC TESTIMONY (Non -Agenda Items): David Feltman Ronald Rogers Miriam CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT: City Manager Clifton gives update on upcoming meeting dates. ADJOURNMENT: The City Council adjourned at 11:45 p.m. Respectfully submitted, N_'&� Brenda Pree, MMC, CERA City Clerk APPROVED BY CITY COUNCIL: 11/28/2022 City of Palm Springs Page 8