HomeMy WebLinkAbout2022-10-17 CC MINUTESa
Thursday, October 17, 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.
CALL TO ORDER:
A Regular Meeting of the Palm Springs City Council was called to order by Mayor Middleton
on Thursday, October 17, 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 Tern
Grace Elena Garner; and Mayor Lisa Middleton
Absent: None.
City Staff '
Present: Gallavan, Interim City Manager, Jeffrey Ballinger, City Attorney; Brenda Pree, City
Clerk and Monique Lomeli, Chief Deputy City Clerk, were present at Roll Call. Other
staff members presented reports or responded to questions as indicated in the minutes.
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ACCEPTANCE OF THE AGENDA:
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM GARNER,
CARRIED 5-0, to approve the consent calendar, with the removal of Item Nos. 1I AND IF for
separate discussion.
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of October 17, 2022, was called to order by Mayor
Middleton at 3:00 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):
City Council Minutes October 17, 2022
1. CONSENT CALENDAR:
' MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM GARNER,
CARRIED 5-0, to approve the consent calendar, with the removal of Item Nos. 1 I AND IF for
separate discussion.
A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND
COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, 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. ACCEPTANCE OF 2022 SLURRY SEAL, CITY PROJECT 21-02
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0 TO:
1. Accept the public works improvement identified as 2022 Slurry Seal, City Project No.
' 21-02, as completed in accordance with the plans and specifications.
2. Authorize the City Engineer to execute and file a Notice of Completion with the
Riverside County Recorder for 2022 Slurry Seal, City Project No. 21-02.
C. APPROVAL OF AMENDMENT NO. 9 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH CNS ENGINEERS, INC., A CALIFORNIA CORPORATION
(A6190), IN THE AMOUNT OF $38,162.23 FOR THE RAMON ROAD WIDENING
(FROM SAN LUIS REY DR. TO LANDAU BLVD.) INCLUDING THE
WHITEWATER RIVER BRIDGE WIDENING, CITY PROJECT NO. 08-25,
FEDERAL -AID PROJECT NO. BHLS-5282 (040) ,
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM GARNER,
CARRIED 5-0:
1. Approve Amendment No. 9, in the amount of $38,162.23, to Professional Services
Agreement No. 6190, for a new not to exceed amount of $3,440,754.46 with CNS
Engineers for the Ramon Road Widening (San Luis Rey Dr. to Landau Blvd.)
including the Whitewater River Bridge Widening, City Project No. 08-25, Federal -
Aid Project No. BHLS-5282 (040), (the "Project').
' 2. Authorize the City Manager to execute all necessary documents.
D. INITIATION OF ANNEXATION NO.26 TO COMMUNITY FACILITIES DISTRICT
NO.2005-1 (PUBLIC SAFETY SERVICES)
City of Palm Springs Page 3
City Council Minutes October 17 2022
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0, to: ,
1. Adopt Resolution No. 25061 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS
INTENTION TO ANNEX TERRITORY INTO A COMMUNITY FACILITIES
DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES FOR CITY
OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO.2005-1, (P.UBLIC
SAFETY SERVICES), ANNEXATION NO.26, TRACT MAP NO. 37935".
E. AWARD A CONSTRUCTION MANAGER AT RISK AGREEMENT TO TILDEN-
COIL CONSTRUCTORS, INC., FOR AN INITIAL GUARANTEED MAXIMUM
PRICE OF $10,309,018 FOR THE CITY OF PALM SPRINGS NAVIGATION
CENTER PROJECT, CITY PROJECT 22-05
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0, to Receive and File Treasurer's Investment Report as of
January 31, 2022.
1. Award a Construction Manager at Risk Agreement with Tilden -Coil Constructors, Inc.,
a California Corporation, for the construction of the City of Palm Springs Navigation
Center, City Project 22-05, for an initial guaranteed maximum price not to exceed
$10,309,018, to be adjusted over time as trade packages are bid by the construction
management team as outlined in the agreement. ,
2. Authorize the City Manager or designee to approve the fmal guaranteed maximum
amount for the project at a later date as outlined in the agreement.
3. Approve a contingency for the project of approximately 15% or $1,500,000 for
adjustments to the scope of work or unforeseen conditions to meet the program
requirements and authorize the City Manager or designee to issue change orders up to
this amount for the project to be completed in a timely manner.
F. APPROVE A THREE-YEAR AGREEMENT WITH VERDE FACILITIES SERVICES
LLC (A9232) FOR JANITORIAL SERVICES FOR VARIOUS CITY FACILITIES
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
HOLSTEGE CARRIES 5-0, TO DEFER TO NEXT MEETING WITH MORE
INFORMATION:
1. Approve Contract Service Agreement A9232 with Verde Facilities Services LLC to
provide janitorial services for various City facilities for a three-year term in an
amount not to exceed $2,236,428 beginning December 1, 2022, through November
30, 2025, with two one-year extension options at the City's sole discretion.
2. Authorize additional/ optional janitorial services in accordance with the fixed pricing ,
identified in Schedule II — Options Pricing Sheet for an amount not to exceed $25,000
City of Palm Springs Page 4
City Council Minutes October 17, 2022
annually during the term of the agreement. 3) Authorize the City Manager or designee
to execute all necessary documents.
G. PURCHASE OF LIBRARY DOWNLOADABLE MUSIC WITH LIBRARY IDEAS
FOR A FIVE-YEAR, NOT -TO -EXCEED AMOUNT OF $40,000
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0, to Authorize the City Manager to execute all necessary
documents.
H. A REQUEST BY THE JONES LIVING TRUST, OWNER, FOR APPROVAL OF A
MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 1821
SANDCLIFF ROAD, A CONTRIBUTING STRUCTURE IN THE SANDCLIFF
GARDEN APARTMENT HOMES HISTORIC DISTRICT (APN 510-040-035), (RSPB
#93/HD-5)
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0, to:
1. Approve a Mills Act Historic Property Preservation Agreement between the City of
Palm Springs, The Jones Living Trust, and the Sandcliff Homeowners Association.
2. Authorize the Interim City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement with the County of Riverside.
I. APPROVE FUNDING IN THE AMOUNT OF $75,000 TO REFURBISH AND
RELOCATE PUBLIC ART SCULPTURES BUTCH, ITHIEL, AND SQUEEZE BY
ARTIST JOHN CLEMENT TO THE DEMUTH PARK ISLET
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve funding in the amount of $75,000 of Public Art Funds to refurbish and
relocate three public art sculptures Butch, Ithiel, and Squeeze by artist John Clement.
2. Approve placement of the three public art sculptures Butch, Ithiel, and Squeeze by
artist John Clement to the Demuth Park Islet.
3. Authorize the Interim City Manager to execute all necessary documents to facilitate
refurbishing and relocating three public art sculptures Butch, Ithiel, and Squeeze by
artist John Clement to the Demuth Park Islet.
J. SECOND READING AND ADOPTION OF AN ORDINANCE ADJUSTING CITY
COUNCIL AND MAYORAL SALARIES
' MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 3-1 (NOYES — WOODS, RECUSED — HOLSTEGE), to Conduct
a second reading (Adoption) of an Ordinance No. 2067 entitled, "AN ORDINANCE OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 2.04.020
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City Council Minutes October 17 2022
AND 2.04.021, AND ADDING A NEW SECTION 2.04.022, OF THE PALM SPRINGS
MUNICIPAL CODE, MODIFYING COMPENSATION FOR THE -MAYOR AND
MEMBERS OF THE CITY COUNCIL."
EXCLUDED CONSENT CALENDAR:
2. PUBLIC HEARINGS:
A. REQUEST FOR AMENDMENTS TO PALM SPRINGS MUNICIPAL CODE
SECTION 9.62.055 AND PALM SPRINGS ZONING CODE SECTION 93.23.21
RELATIVE TO THE DEVELOPMENT STANDARDS FOR URBAN LOT SPLITS
AND TWO -UNIT RESIDENTIAL DEVELOPMENTS (CASE 5.1548 ZTA)
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0, to:
1. Waive the reading of the ordinance text in its entirety and read by title only.
2. Introduce on first reading an Ordinance No. 2068 entitled, "AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING CHAPTER 9.62 OF THE PALM SPRINGS MUNICIPAL CODE AND
CHAPTER 93.00 OF THE PALM SPRINGS ZONING CODE RELATING TO
URBAN LOT SPLITS AND TWO -UNIT PROJECTS AND DETERMINING THE I
ORDINANCE TO BE EXEMPT FROM CEQA."
B. A REQUEST BY CASA VERONA LLC, OWNER, FOR A CHANGE OF ZONE
OF AN UNDEVELOPED 6.44-ACRE PARCEL FROM SINGLE-FAMILY
RESIDENTIAL R-1-D (7,500-SQUARE FOOT LOT) TO R-1-E (5,000-SQUARE
FOOT LOT); ADOPTION OF A MITIGATED NEGATIVE DECLARATION PER
CEQA; AND A TENTATIVE TRACT MAP (TTM 38042) TO SUBDIVIDE THE
PARCEL INTO THIRTY-ONE (31) SINGLE-FAMILY RESIDENTIAL LOTS
LOCATED AT THE EAST TERMINUS OF VERONA ROAD, ZONE R-1-D;
(CASE NOS. 5.1527-CZ & TTM 38042)
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0, to:
1. Open the hearing and receive testimony.
2. Close the public hearing and Introduce and Waive Further Reading of an Ordinance
No. 2069 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1527 CZ, CHANGE OF
ZONE, TO AMEND THE CURRENT ZONING DESIGNATION OF `SINGLE
FAMILY RESIDENTIAL (R-1-D)' (7,500-SQUARE FOOT LOT) TO `SINGLE- ,
FAMILY RESIDENTIAL (R-1-E) (5,000-SQUARE FOOT LOT) FOR THE
SUBDIVISION OF A 6.44-ACRE LOT INTO THIRTY-ONE (31) SINGLE -
City of Palm Springs Page 6
City Council Minutes October 17, 2022
FAMILY RESIDENTIAL PARCELS FOR FUTURE DEVELOPMENT AT THE
EAST TERMINUS OF VERONA ROAD."
3. Adopt a Resolution No. 25062 entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A
TENTATIVE TRACT MAP — TTM 38042 — TO SUBDIIDE AN UNDEVELOPED
6.44 ACRE PARCEL INTO THIRTY-ONE (31) SINGLE-FAMILY RESIDENTIAL
LOTS LOCATED AT THE EAST TERMINUS OF VERONA ROAD."
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A. PALM SPRINGS NAVIGATION'CENTER UPDATE
Receive and file update.
B. CONSIDER PROPOSAL FROM WE ARE ONE UNITED INC. REQUESTING
FINANCIAL ASSISTANCE IN THE AMOUNT OF $400,860 FOR THE UNITED
FOR SAFE YOUTH INITIATIVE
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to
1. Consider Proposal from We Are One United Inc. to provide financial assistance in the
amount of $400,860 for the United for Safe Youth Initiative.
2. If supportive of funding request, authorize the Interim City Manager or designee to
negotiate an agreement with We Are One United Inc. and execute all documents as
needed.
C. AN URGENCY ORDINANCE AND A NON -URGENCY ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
PROHIBITING ANNUAL RESIDENTIAL REAL PROPERTY RENTAL RATE
INCREASES THAT EXCEED TEN PERCENT (10%), OR FIVE PERCENT (5%)
PLUS LOCAL CONSUMER PRICE INDEX, WHICHEVER IS LOWER
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0, to:
1. -Waive the reading of the ordinance text in its entirety and read by title only.
2. Adopt an Urgency Ordinance No. 2070 entitled, "AN URGENCY ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
PROHIBITING ANNUAL RESIDENTIAL REAL PROPERTY RENTAL RATE
INCREASES THAT EXCEED TEN PERCENT (10%), OR FIVE PERCENT (5%)
PLUS LOCAL CONSUMER PRICE INDEX, WHICHEVER IS LOWER";
' D. CONSIDERATION FOR APPROVAL AN INTERIM URGENCY ORDINANCE
ESTABLISHING A TEMPORARY MORATORIUM ON THE ISSUANCE OF
City of Palm Springs I Page 7
City Council Minutes October 17, 2022
VACATION RENTAL PERMITS WITHIN THE CITY OF PALM SPRINGS AND
PROVIDE DIRECTION REGARDING POTENTIAL REVISIONS TO THE CITY
OF PALM SPRINGS VACATION RENTAL ORDINANCE.
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 4-0 (HOLSTEGE RECUSED), to:
1. Waive the reading of the ordinance text in its entirety and read by title only.
2. Introduce on first reading an Ordinance No. 2071 entitled, "AN INTERIM
URGENCY ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM
ON THE ISSUANCE OF VACATION RENTAL (VR) PERMITS WITHIN THE
CITY OF PALM SPRINGS, PENDING A STUDY OF THE CITY OF PALM
SPRINGS VACATION RENTAL REGULATIONS.
3. Provide direction regarding additional or different vacation rental regulations
la"AA1001133 IS1 DR"
Michael Pitkin
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA I
DEVELOPMENT:
City Council speaks on Agenda development for upcoming meetings.
ADJOURNMENT:
The City Council adjourned at 12:08 a.m, on 10/18/2022
Respect Ily submitted,
ZL— BAenaree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: 11/28/2022
City of Palm Springs Page 8