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Home My WebLink About2022-07-28 CC MINUTES191UM SoQ 12 4 N d • CQ[IFOCN�' Thursday, July 28, 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, July 28, 2022, at 6:05 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 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: Chief Mills provided an update on the City's efforts to address homelessness and associated issues. ACCEPTANCE OF THE AGENDA: By consensus, the City Council voted to remove Consent Calendar Item No.1G for separate discussion, delete Item No. 3C from the agenda, and to record Mayor Middleton's "No" vote on Item 1 J. REPORT OF CLOSED SESSION: The Regular Closed Session of the City Council of July 28, 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 Attorney Ballinger reported that the City Council took action to appoint Assistant City Manager Teresa Gallavan as Interim City Manager, with an effective date consistent with City Manager Clifton's departure; engaged the Human Resources Department to initiate recruitment to fill the vacancy: City Council Minutes July 28 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)(1): Under existing facts and circumstances, there are three (3) matters the City Council has decided or may decide to initiate litigation. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION, Pursuant to Government Code Section 54957.6 Name of cases: Downtown Revitalization. City of Palm Springs. PW Case No. 2017-004 Kimpton Hotel, City of Palm Springs, PW Case No. 2017-003 Virgin Hotel, City of Palm Springs, PW Case No. 2017-002 CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54956.8 Property Description: Agency: City Negotiator: Negotiating Parties: Under Negotiation: PUBLIC TESTIMONY: Lauren Wofler Cindy Burreson Greg Rodriguez Jenny Foe 2990 E. Tahquitz Canyon Way (APN: 502-143-004) Palm Springs, CA City of Palm Springs Justin Clifton, City Manager Tahquitz Housing Associates, LP Price and Terms of Payment for Real Property Covenants CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS: None. 1. CONSENT CALENDAR: MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to approve the consent calendar, with the removal of Item No. I G for separate discussion, and Item I for separate vote. City of Palm Springs Page 2 City Council Minutes July 28 2022 A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361 MOTION BY COUNCILMEMBER WOODS, 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 City Council and all of Palm Springs Board, Commission, and Committee meetings may be held by videoconference, in accordance with AB 361 B. APPROVAL OF MINUTES MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0 to approve the City Council Meeting Minutes of January 13, 2022. C. RECEIVE AND FILE BOARD AND COMMISSION MEETING MINUTES MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to receive and file Board and Commission meeting minutes. D. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to Adopt Resolution No. 2$040 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 06-11-22 AND 06-25-22 TOTALING $3,977,979.31 AND ACCOUNTS PAYABLE WARRANTS DATED 06-09-22 AND 06-23-22 TOTALING $6,662,784.46, IN THE AGGREGATE AMOUNT OF $10,640,763.77, DRAWN ON BANK OF AMERICA." E. TREASURER'S INVESTMENT REPORT AS OF FEBRUARY 28, 2022, MARCH 31, 2022, AND APRIL 30, 2022 MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to Receive and File Treasurer's Investment Report as of February 28, 2022, March 31, 2022, and April 30, 2022. F. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF NNE 1 THROUGH JUNE 30, 2022 MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of June 1 through June 30, 2022. G. UPDATE ON STRATEGIC PRIORITIES City of Palm Springs Page 3 City Council Minutes July 28, 2022 MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to provide direction to Staff as appropriate. H. RESOLUTION DECLARING SUPPORT FOR THE SALTON SEA MANAGEMENT PROGRAM TO REVIEW AND CONSIDER THE IMPACTS OF THE GREENHOUSE GAS EMISSINOS DURING THE COMPRENSHENSIVE ANALYSIS OF WATER IMPORT ALTERNATIVE AS PART OF THE LONG- TERM SOLUTION FOR THE SALTON SEA MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to adopt a Resolution No. 25041 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS SUPPORT FOR THE SALTON SEA MANAGEMENT PROGRAM TO REVIEW AND CONSIDER THE IMPACTS OF GREENHOUSE GAS EMISSIONS DURING THE COMPREHENSIVE ANALYSIS OF WATER IMPORT ALTERNATIVES AS PART OF THE LONG-TERM SOLUTION FOR THE SALTON SEA." I. A DOPTION OF A RESOLUTION RELATED TO 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 WOODS, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to: Adopt a Resolution No. 25042 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVERTURNING THE PLANNING COMMISSION'S DECISION TO DENY AND APPROVING 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 A MAXIMUM BUILDING HEIGHT OF 23.6 FEET ON AN UNDEVELOPED HILLSIDE PARCEL LOCATED AT 310 WEST CRESTVIEW DRIVE, ZONE R-1-C, SECTION 27 (CASE 3.4215 MAJ & CASE 7.1632 AMM)." J. ADOPTION OF A RESOLUTION RELATED TO 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- City of Palm Springs Page 4 City Council Minutes July 28, 2022 SQUARE -FOOT SINGLE-FAMILY RESIDENCE WITH A 10-FOOT FRONT YARD SETBACK AND A 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 WOODS, SECOND BY COUNCILMEMBER KORS, CARRIED 4-1, MAYOR MIDDLETON VOTED NO, to Adopt a Resolution No. 25043 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVERTURNING THE PLANNING COMMISSION'S DECISION TO DENY AND APPROVING 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 A MAXIMUM BUILDING HEIGHT OF 25.8 FEET ON AN UNDEVELOPED HILLSIDE PARCEL LOCATED AT 322 WEST CRESTVIEW DRIVE, ZONE R-1-C, SECTION 27 (CASE 3.4216 MAJ & CASE 7.1633 AMM)." K. REQUEST BY PILOT TRAVEL CENTER, LLC, FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) TO PERMIT A LIQUOR LICENSE (TYPE 20) WITHIN CENSUS TRACT 445.24 TO ALLOW THE SALE OF BEER AND WINE FOR OFF -SITE CONSUMPTION AT AN EXISTING CONVENIENCE STORE/ GAS STATION AND TRUCK STOP LOCATED AT 6605 NORTH INDIAN CANYON DRIVE MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to Adopt a Resolution No. 25044 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT THE PUBLIC CONVENIENCE WOULD BE SERVED BY THE ISSUANCE OF -AN ALCOHOLIC BEVERAGE CONTROL LIQUOR LICENSE (TYPE 20) FOR THE PILOT TRAVEL CENTER LOCATED AT 6605 NORTH INDIAN CANYON DRIVE, WHICH IS WITHIN CENSUS TRACT NUMBER 445.24 (CASE 5.1278-PCN)." L. APPROVE PROFESSIONAL SERVICE AGREEMENT NO. A9173 WITH ARCHITECTURAL RESOURCES GROUP, INC. FOR PLAZA THEATRE DESIGN SERVICES MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to: 1. Approve Professional Service Agreement No. A9173 —Plaza Theatre Design Services — with Architectural Resources Group, Inc., in the amount of $1,047,994. 2. Authorize the City Manager or his designee to execute all necessary documents. M. ACCEPTANCE OF THE CITY HALL AND POLICE DEPARTMENT COOLING TOWER REPLACEMENTS, CITY PROJECT 20-22 City of Palm Springs Page 5 City Council Minutes July 28 2022 MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to: 1. Accept the public works improvement identified as City Hall and Police Department Cooling Tower Replacements, City Project 20-22, as completed in accordance with the contract documents. 2. Authorize the City Engineer to execute and file a Notice of Completion for recordation with the Riverside County Recorder for the City Hall and Police Department Cooling Tower Replacements, City Project 20-22. N. APPROVE A CONTRACT SERVICES AGREEMENT WITH INNOVATIVE ELECTRONICS DESIGN (IED) SUPPORT SERVICES, LLC FOR THE PAGING AND PUBLIC NOTIFICATIONS SYSTEM AT THE PALM SPRINGS INTERNATIONAL AIRPORT MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to: Approve a contract service agreement with IED Support Services, LLC in an amount not to exceed $141,685 for a three-year term commencing on August 1, 2022 and ending on July 31, 2025. 2. Authorize the City Manager or his designee to execute all necessary documents. 0.APPROVE CONTRACT CHANGE ORDER NO.1 TO ELECNOR BELCO ELECTRIC, INC., FOR THE HIGHWAY SAFETY IMPROVEMENT PROJECT (CYCLE 7), FEDERAL -AID PROJECT NO. HSIPL-5282 (046), CITY PROJECT NO. 15-32 MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to: Approve Contract Change Order No. 1 in the amount of $213,378.22 to the construction contract Agreement No. A8583 with Elecnor Belco Electric, Inc., for the Highway Safety Improvement Project (Cycle 7), Federal -Aid Project No. HSIPL-5282 (046), City Project No. 15-32. 2. Authorize the City Manager to execute all necessary documents. P. REQUEST BY ROBERT HOWARD AND LISA HOWARD, OWNERS, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 360 CABRILLO ROAD UNIT 201, A CONTRIBUTING STRUCTURE IN THE RACQUET CLUB COTTAGES WEST HISTORIC DISTRICT (APN 9504-131-042 (RSPB #88 / HD-3) MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to: City of Palm Springs Page 6 City Council Minutes July 28, 2022 1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm ' Springs, Robert Howard, Lisa Howard, 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. Q. REQUEST BY BARBARA MALOTT KIZZIAH TRUST, OWNER, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR THE GEORGE GILMAN RESIDENCE, A CLASS 1 HISTORIC SITE LOCATED AT 574 WEST MARISCAL ROAD (APN #504-281- 012) (RSPB #142) MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to: 1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and The Barbara Malott Kizziah Trust. 2. Authorize the City Manager to execute the Agreement. 3. Direct the City Clerk to record the Agreement with the County of Riverside. R. AWARD A CONSTRUCION CONTRACT TO ALFARO COMMUNICATIONS CONSTRUCTION, INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $3,807,125.26 FOR PALM CANYON DRIVE PEDESTRIAN AND BICYCLE ' SAFETY ENHANCEMENTS, CITY PROJECT 17-07 MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to: 1. Award a construction contract to Alfaro Communications Construction, Inc., a California corporation, in the amount of $3,807,125.26 for the Palm Canyon Drive Pedestrian and Bicycle Safety Enhancements, City Project No. 17-07. 2. Authorize the City Manager to approve and execute an agreement for project management and inspection services from approved `on -call' engineering services firms in an amount not to exceed $175,000. 3. Authorize the City Manager to execute all necessary documents. S. APPROVAL OF SPECIFICATIONS AND ESTIMATE, AND AUTHORIZATION TO BID THE 2022 PAVEMENT REHABILITATION PROJECT, CITY PROJECT NO.22-08 MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to: Approve the Specifications and Estimate and authorize Staff to advertise and solicit bids for the 2022 Pavement Rehabilitation, City Project No. 22-08. IT. PURCHASE OF LIBRARY BOOKS WITH BRODART CO. FOR A FIVE-YEAR, NOT -TO -EXCEED AMOUNT OF $700,000 City of Palm Springs Page 7 City Council Minutes July 28, 2022 MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to: Authorize the City Manager to execute all necessary documents. U. PURCHASE OF LIBRARY DOWNLOADABLE DIGITAL MEDIA WITH OVERDRIVE, INC. FOR A FIVE-YEAR, NOT -TO -EXCEED AMOUNT OF $250,000 MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to: Authorize the City Manager to execute all necessary documents. V. PURCHASE OF LIBRARY MEDIA MATERIALS WITH MIDWEST TAPE, LLC FOR A FIVE-YEAR, NOT -TO -EXCEED AMOUNT OF $500,000 MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to: Authorize the City Manager to execute all necessary documents. W. APPROVE A ONE-YEAR SERVICES AGREEMENT WITH NEOGOV FOR HUMAN RESOURCES MANAGEMENT AND PAYROLL SOFTWARE SYSTEM SERVICES MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to: 1. Approve a one-year Services Agreement with Governmentjobs.com, Inc. DBA ' NEOGOV, for Human Resources management and payroll software system services in an amount not to exceed $102,564. 2. Authorize the City Manager to execute all necessary documents. 2. PUBLIC HEARINGS: NONE 3. BUSINESS & LEGISLATIVE: A. PALM SPRINGS NAVIGATION CENTER UPDATE City staff gave update to receive and file. B. REQUEST FOR FUNDING SUPPORT FOR GUARANTEED INCOME PILOT PROGRAM Staff explained staff report and Council to direct Staff as appropriate. C. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS PROHIBITING ANNUAL RESIDENTIAL REAL PROPERTY RENTAL ' RATE INCREASES THAT EXCEED TEN PERCENT (10%) OR FIVE PERCENT (5%) PLUS THE LOCAL CONSUMER PRICE INDEX, WHICHEVER IS LOWER City of Palm Springs Page 8 City Council Minutes July 28, 2022 DELETED FROM THE AGENDA D. REVIEW OF THE PALM SPRINGS INTERNATIONAL AIRPORT MASTER I PLAN SCOPE OF WORK By consensus, the City Council agreed to approve the Palm Springs International Airport Master Plan scope of work and authorize Staff to proceed with the issuance of a Request for Qualifications and Proposal. PUBLIC TESTIMONY (NON -AGENDA ITEMS): Michelle Nobleman David Schreiner CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT: Mayor Pro Tern Garner gave a memorial honor to Clemencia Ramoran. City Manager Clifton gives update on upcoming agenda dates. ADJOURNMENT: 8:20 p.m. Respectfully submitted, Brenda ree, MMC, CERA City Clerk APPROVED BY CITY COUNCIL: 11/28/2022 City of Palm Springs Page 9