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Home My WebLink About2022-05-12 CC MINUTEStoALM,p iy w Y N 4a4..mff • C'�[/F00.N�P Thursday, May 12, 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, in part, by teleconference. CALL TO ORDER: A Regular Meeting of the Palm Springs City Council was called to order by Mayor Middleton on Thursday, May 12, 2022, at 5:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Middleton led the Pledge of Allegiance. 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: RIDE OF SILENCE ACCEPTANCE OF THE AGENDA: By consensus, the City Council accepted the agenda with the removal of Consent Calendar Item No. 1M for separate discussion. REPORT OF CLOSED SESSION: The Regular Closed Session of the City Council of May 12, 2022, was called to order by Mayor Middleton at 2:30 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 May 12 2022 CONFERENCE WITH LEGAL COUNSEL — MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2): Three (3) matters that, in the opinion of the City council on the advice of the City Attorney, based on existing facts and circumstance, there is significant exposure to litigation against the City. 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 two (2) 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: Larza Vickland Carl Lenzer Matthew Shuck Kelly Vickland Tempe Essel Jeff Jones Laura Slipheck Brittney Tom CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS: None. 1. CONSENT CALENDAR:. City of Palm Springs Page 2 City Council Minutes May 12, 2022 MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to approve the consent calendar, with the removal of Item Nos. 1M 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. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF APRIL 1 THROUGH APRIL 30, 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 April 1 through April 30, 2022. C. APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH EPLUS TECHNOLOGY, INC. FOR NETWORK SWITCHES AND SUPPORT SERVICES FOR THE PALM SPRINGS INTERNATIONAL AIRPORT IN AN AMOUNT NOT TO EXCEED $340,434.55 MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: 1. Approve a Contract Services Agreement A9094 with ePlus Technology, Inc., a Virginia corporation, to provide Cisco network switches and support services for a three-year term in an amount not to exceed $340,434.55 beginning May 16, 2022, through May 15, 2025. 2. Authorize the City Manager to execute all necessary documents. D. AWARD OF SERVICE AGREEMENT TO TOWNSEND PUBLIC AFFAIRS INC. FOR GRANT WRITING AND LEGISLATIVE ADVOCACY SERVICES MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: 1. Approve a one-year Contract Services Agreement with Townsend Public Affairs Inc.in an amount not to exceed $69,000 per year, with the option of two one-year renewals. 2. Authorize the City Manager or his designee to execute the agreement and any subsequent renewals City of Palm Springs Page 3 City Council Minutes May 12 2022 E. APPROVE AGREEMENT A9067 WITH TRANSCORE HOLDINGS, LLC DBA TRANSCORE LP FOR THE PURCHASE OF AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM FOR THE PALM SPRINGS INTERNATIONAL AIRPORT MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: 1. Approve Agreement No. A9607 with TransCore Holdings, LLC dba TransCore LP to provide an Automated Vehicle Identification system at the Palm Springs International Airport in the amount of $611,122 for a three-year term beginning on May 16, 2022, and ending on May 15, 2025. This amount consists of an initial $479,249 purchase price for the system and maintenance support for Year One at $10,192; Year Two at $59,332; and Year Three at $62,349. 2. Authorize the City Manager or Designee to execute all documents. F. APPROVE A ONE-YEAR AGREEMENT WITH WAXIE'S ENTERPRISES, LLC TO PROVIDE JANITORIAL SUPPLIES AND EQUIPMENT REPAIR SERVICES TO THE PALM SPRINGS INTERNATIONAL AIRPORT MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: 1. Approve Contract Service Agreement A9089 with Waxie's Enterprises, LLC to provide janitorial supplies and janitorial equipment repairs to the Palm Springs International Airport for a one-year term in an amount not to exceed $210,000, beginning May 16, 2022, and ending May 15, 2023 2. Authorize the City Manager or his designee to execute all necessary documents. G. APPROVE A THREE-YEAR AGREEMENT A9108 WITH PROFESSIONAL ASBESTOS REMOVAL CORPORATION, DBA PARC ENVIRONMENTAL, FOR ABATEMENT AND REMEDIATION SERVICES MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: 1. Approve Contract Service Agreement No. A9108 with Professional Asbestos Removal Corporation dba PARC Environmental to provide abatement and remediation services for a three-year term in an amount not to exceed $150,000 beginning May 16, 2022, through May 15, 2025, with two one-year extension options at the City's sole discretion. 2. Authorize the City Manager or his designee to execute all necessary documents. H. AWARD A CONSTRUCTION CONTRACT TO STEVE P. RADOS, INC. IN THE AMOUNT OF $15,905,500, FOR THE WASTEWATER TREATMENT PLANT City of Palm Springs Page 4 City Council Minutes May 12, 2022 (WWTP) DIGESTER NO. 2 GAS FLARE AND FILTRATE PUMP STATION, CITY PROJECTS 20-25 AND 21-07 MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: 1. Award a construction contract to Steve P. Rados, Inc. in the amount of $15,905,500 for the WWTP Digester No. 2 Gas Flare and Filtrate Pump Station project, City Project No. 20-25 and 21-07. 2. Authorize the City Manager to approve a task order in an amount not to exceed $881,143 with Stantec, an `on -call' firm, for wastewater engineering services during construction. 3. Authorize the City Manager to approve a professional services agreement in an amount not to exceed $1,246,123.14 with MWH Constructors, an engineering firm, for construction management and inspection services. 4. Authorize the City Manager or his designee to execute all necessary documents. I. REQUEST BY THE GEDDES-CHRISTENSEN FAMILY TRUST, OWNER, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 360 CABRILLO ROAD UNIT 109, A CONTRIBUTING STRUCTURE IN THE RACQUET CLUB COTTAGES WEST HISTORIC DISTRICT (APN #504-131-055), (RSPB #88 / HD-3) 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, The Geddes -Christensen Family Trust, and the Racquet Club Cottages West 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 J. APPROVAL OF A SEWER CONNECTION EXEMPTION FOR THE PROPERTY LOCATED AT 803 STEVENS ROAD IN ACCORDANCE WITH CHAPTER 15.14.010 OF THE PALM SPRINGS MUNICIPAL CODE MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to approve an exemption for the requirement to connect to the public sewer system for the property located at 803 Stevens Road, in accordance with Chapter 15.14.010 of the Palm Springs Municipal Code and Resolution No. 20650, subject to a requirement to execute a Sewer Covenant obligating connection to the public sewer when available in the future. City of Palm Springs Page 5 City Council Minutes May 12 2022 K. REJECT ALL BIDS RECEIVED FOR THE HIGHWAY SAFETY IMPROVEMENT PROGRAM (CYCLE 8), FEDERAL AID PROJECT NO. HSIPLN-5282(047), CITY PROJECT NO. 16-18 MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: 1. Reject the bids received on February 1, 2022, for the Highway Safety Improvement Program (Cycle 8), Federal Aid Project No. HSIPLN-5282(047), City Project No. 16- 18 2. Authorize Staff to re -bid the Project. L. TRANSFER OF 1974 CESSNA 182 SKYLANE AIRCRAFT TO THE PALM SPRINGS POLICE AERO SQUADRON MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: 1. Authorize the transfer of 1974 Cessna 182 Skylane, tail number N47PS, to the Palm Springs Police Aero Squadron mendment No. 1 to the contract services agreement with Vohne Liche Kennels, Inc., for police canine acquisition, training, and certification. 2. Authorize the City Manager to execute all necessary documents M. MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN CITY OF PALM SPRINGS AND QUEER WORKS, A CALIFORNIA PUBLIC BENEFIT NON- PROFIT CORPORATION REGARDING THE DUE DILIGENCE PROJECT TO PURSUE A STATE GRANT FOR A POSSIBLE GUARANTEED INCOME PILOT PROGRAM MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 4-1 (MIDDLETON VOTING NO), to review and approve the accompanying Memorandum of Understanding (MOU) between the City of Palm Springs and Queer Works, a California public benefit non-profit corporation, as amended to include the Desert Aids Project. N. LETTER OF SUPPORT — SAN GORGONIO PASS RAIL CORRIDOR MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to approve the letter of support. IW101go11DlPXXII&I-40&MVIN01U17.1R NwalfwwlI W11 RrU 7.`T A. AN APPEAL BY LWSC LLC (BUILDING OWNER), c/o PSPC ENTERPRISES LLC, (dba FUEGO NIGHTCLUB) OF THE DECISION BY THE PLANNING City of Palm Springs Page 6 City Council Minutes May 12, 2022 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 KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 3-1-1 (MAYOR MIDDLETON VOTING NO, MAYOR PRO TEM GARNER RECUSED), to continue deliberations on the appeal by LWSC LLC (Building Owner), c/o PSPC Enterprises LLC (dba Fuego Nightclub) to a date certain (June 30, 2022). B. AN APPLICATION BY BARBARA AND KEITH KIZZIAH, OWNERS, FOR HISTORIC DESIGNATION OF "THE GILLMAN RESIDENCE" LOCATED AT 574 WEST MARISCAL DRIVE, (APN #504-281-012), CASE HSPB #142 MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER KORS, CARRIED 4-0-1 (MAYOR MIDDLETON ABSTAINED) to: 1. Open the appeal hearing and receive testimony. 2. Close the public hearing and adopt Resolution No. 25005 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING "THE GILLMAN RESIDENCE" LOCATED AT 574 WEST MARISCAL DRIVE, AS CLASS I (LANDMARK) HISTORIC RESOURCE HSPB #142, SUBJECT TO CONDITIONS (APN 504-281-012)." C. REQUEST BY JERRY G. JOHNSON OF V.I.P. MOTOR CARS, LTD. FOR A 12- MONTH REVIEW OF A CONDITIONAL USE PERMIT, CASE 5.1506 CUP, FOR THE OPERATION OF AN OFF -SITE VEHICLE STORAGE FACILITY LOCATED AT 4193 EAST MATTHEW DRIVE, ZONE R-2, SECTION 30 (CASE 5.1506 CUP) MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: 1. Open the public hearing and receive public testimony. 2. Find the development to be in conformance to the Conditions of Approval and receive and file the report without further City Council review. D. 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 City of Palm Springs Page 7 City Council Minutes May 12, 2022 MOTION BY MAYOR PRO TEM GARNER, SECOND BY MAYOR MIDDLETON, CARRIED 5-0, to: 1. Open the public hearing and receive public testimony. 2. Adopt Resolution No. 25006 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE 2022-2023 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN; APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET FOR FISCAL YEAR 2022-2023 IN THE AMOUNT OF $430,000; AUTHORIZING THE SUBMITTAL OF THE PLAN AND BUDGET TO THE UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD); AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE APPROVAL/AGREEMENT WITH HUD — GRANT # B-22-MC-06-0561 IN THE ESTIMATED AMOUNT OF $430,000 AND TO EXECUTE THE SUBRECIPIENT AGREEMENTS" E. ADOPTION OF ORDINANCE AUTHORIZING A MILITARY EQUIPMENT USE POLICY, AS REQUIRED BY ASSEMBLY BILL 481 MOTION BY MAYOR PRO TEM GARNER, SECOND BY MAYOR MIDDLETON, CARRIED 5-0, to continue the hearing to a date uncertain. F. ADOPTION OF A RESOLUTION MODIFYING CERTAIN USER FEES, DEVELOPER FEES, AND CHARGES BY IMPLEMENTING A CONSUMER PRICE INDEX INCREASE AND ADOPTING THE COMPREHENSIVE FEE SCHEDULE FOR FISCAL YEAR 2022-2023 MOTION BY MAYOR MIDDLEON, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to: 1. Open the public hearing and receive public testimony. 2. Adopt Resolution No. 25007 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MODIFYING CERTAIN USER FEES, DEVELOPER FEES, AND CHARGES BY IMPLEMENTING A CONSUMER PRICE INDEX INCREASE AND ADOPTING THE COMPREHENSIVE FEE SCHEDULE FOR FISCAL YEAR 2022-2023." 3. BUSINESS & LEGISLATIVE: A. REVIEW AND DISCUSSION OF CITY BOARDS AND The City Council provided feedback and direction to staff as appropriate. City of Palm Springs Page 8 City Council Minutes May 12, 2022 PUBLIC TESTIMONY: NONE CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT: The City Council and City Manager discussed the tentative meeting schedule; Councilmember Kors requested the review of City Council compensation be agendized before the election of new council members. ADJOURNMENT: The City Council adjourned at 9:10 p.m. Respectfully submitted, �qV��--� Brenda Pree, MMC, CERA City Clerk APPROVED BY CITY COUNCIL: 11/28/2022 City of Palm Springs Page 9