HomeMy WebLinkAbout2022-10-27 CC MINUTESV 'N
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Monday, October 27, 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, October 27, 2022, at 6:00 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: Teresa 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.
PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES: None.
By consensus, the City Council agreed to accept the agenda as presented.
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of October 27, 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, 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.
City Council Minutes October 27 2022
Claim No. 22-0903, dated April 27, 2022, filed by Law Offices of Monrow Mahon and
Barry J. Bennett, on behalf of Pearl Devers, Survivors & Descendants of Section 14.
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 is one (1) matter the City Council has decided
or may decide to initiate litigation.
CONFERENCE WITH LEGAL COUNSEL — DISCUSSION OF EXISTING LITIGATION,
Pursuant to Government Code Section 54956.9(d)(1):
Name of cases: Emil John Paska v. City of Palm Springs, Riverside Superior Court, No.
CVPS2000019
CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code
Section 54956.8
Property Description: 2990 E. Tahquitz Canyon Way (APN: 502-143-004)
Palm Springs, CA
Agency: City of Palm Springs
City Negotiator: Teresa Gallavan, Interim City Manager '
Negotiating Parties: Tahquitz Housing Associates, LP
Under Negotiation: Price and Terms of Payment for Real Property Covenants
CONFERENCE WITH LEGAL COUNSEL- PUBLIC EMPLOYEE APPOINTMENT, Pursuant
to Government Code Section 54957:
Title: City Manager
PUBLIC COMMENT:
Brad Anderson, Rancho Mirage
Joe Jackson
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0, to approve the consent calendar.
A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND
COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361 ,
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0, to find that the City Council has considered the circumstances
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City Council Minutes October 27, 2022
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 PAYROLL WARRANTS, CLAIMS AND DEMANDS
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0, to adopt Resolution No. 25063 entitled, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE
PERIOD ENDING 09-03-22 AND 09-17-22 TOTALING $4,273,065.59 AND
ACCOUNTS PAYABLE WARRANTS DATED 09-01-22 AND 09-15-22 TOTALING
$6,027,934.94, IN THE AGGREGATE AMOUNT OF $10,301,000.53, DRAWN ON
BANK OF AMERICA."
C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE
PERIOD OF AUGUST 1 THROUGH AUGUST 31, 2022
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0, to receive and file the report of Staff Authorized Agreements and
Purchase Orders for the period of August 1 through August 21, 2022.
' D. INTRODUCTION OF AN ORDINANCE TO AMEND SECTION 16.36.020 OF THE
PALM SPRINGS MUNICIPAL CODE RELATING TO THE CONDUCT AND
APPEARANCE OF AIRPORT COMMERCIAL VEHICLE OPERATORS
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0 to waive the reading of the ordinance text in its entirety, read
by title only, and introduce Ordinance No. 2072 entitled, "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
SECTION 16.36.020 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO
THE CONDUCT AND APPEARANCE OF AIRPORT COMMERCIAL VEHICLE
OPERATORS."
E. SECOND READING AND ADOPTION OF ORDINANCE NO.2068 OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING 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 HOLSTEGE, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0, to waive the second reading of text in its entirety, read by title
only, and adopt Ordinance No. 2068, "AN ORDINANCE OF THE CITY COUNCIL OF
' THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 9.62.055 OF
THE PALM SPRINGS MUNICIPAL CODE AND SECTION 93.23.21 OF THE PALM
SPRINGS ZONING CODE RELATING TO URBAN LOT SPLITS AND TWO -UNIT
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City Council Minutes October 27 2022
PROJECTS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM
CEQA." I
F. SECOND READING AND ADOPTION OF ORDINANCE NO.2069 CHANGING THE
ZONING DESIGNATION OF `SINGLE FAMILY RESIDENTIAL (R-1-D)' TO
`SINGLE-FAMILY RESIDENTIAL (R-1-E)' FOR THE SUBDIVISION OF A 6.44-
ACRE LOT INTO THIRTY-ONE (31) SINGLE-FAMILY RESIDENTIAL PARCELS
FOR FUTURE DEVELOPMENT AT THE EAST TERMINUS OF VERONA ROAD
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0, to waive the second reading of text in its entirety, read by title
only, and adopt Ordinance No. 2069, "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-FAMILY
RESIDENTIAL PARCELS FOR FUTURE DEVELOPMENT AT THE EAST
TERMINUS OF VERONA ROAD."PURCHASE OF LIBRARY DOWNLOADABLE
MUSIC WITH LIBRARY IDEAS FOR A FIVE-YEAR, NOT -TO -EXCEED AMOUNT
OF $40,000
G. A LETTER OF SUPPORT — CV RAIL FEDERAL GRANT APPLICATIONS '
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0, to approve the letter of support.
H. ARCTIC WOLF SECURITY OPERATIONS CLOUD AND CONCIERGE
SECURITY OPERATIONS CENTER SOLUTIONS AGREEMENT
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0 to authorize the Interim City Manager to execute all necessary
documents.
I. SECOND APPROVE AN AGREEMENT WITH, R.E. CHAFFEE CONSTRUCTION,
INC. (A9243) FOR SEWAGE PUMP SYSTEM
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0, to:
1. Approve Contract Services Agreement A9243 with R.E. Chaffee Construction, Inc.,
in an amount not to exceed $103,438.51 to provide a new basement sewage pump
system at the Palm Springs Police Department.
2. Authorize the Interim City Manager or designee to execute all necessary documents.
J. APPROVE SERVICES AGREEMENT WITH OTIS ELEVATOR COMPANY '
(A9252) FOR ELEVATOR MAINTENANCE, MANAGEMENT AND
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City Council Minutes October 27, 2022
PREVENTATIVE MAINTENANCE PROGRAM IN AN AMOUNT NOT TO
EXCEED 121,852.52
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0, to:
1. In accordance with Palm Springs Municipal Code Section 7.09.010, "Cooperative
Purchasing Programs," approve Contract Service Agreement A9252 (Attachment A)
with Otis Elevator Company in an amount not to exceed $21,852.52, beginning
November 1, 2022, through October 31, 2023.
2. Authorize the Interim City Manager or designee to execute all necessary documents.
K. APPROVAL OF LICENSE AGREEMENT NO. A9239 WITH READY CREDIT
CORPORATION FOR THE OPERATION OF AN AUTOMATED PREPAID DEBIT
CARD DISPENSING MACHINE AT THE PALM SPRINGS INTERNATIONAL
AIRPORT
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0 to:
1. Approve a License Agreement (A9239) with Ready Credit Corporation for the
operation of an automated prepaid debit card dispensing machine at the Palm Springs
International Airport for a three-year term beginning October 1, 2022, through
September 30, 2025, with two one-year extension options.
2. Authorize the Interim City Manager to execute all necessary documents.
' L. APPROVE SERVICE AGREEMENT NO. A9241 WITH J & L AUTO BODY INC.
FOR AUTO BODY REPAIR SERVICES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0 to:
1. Approve Contract Services Agreement A9241 with J & L Auto Body Inc., to provide
auto body repair services in an amount not to exceed $300,000, for the initial three-
year term beginning October 27, 2022, through October 26, 2025, with two one-year
extension options at the City's sole discretion.
2. Authorize the Interim City Manager or their designee to execute all necessary
documents.
M. APPROVE PURCHASE AGREEMENT NO. A9248 WITH HI -GRADE MATERIALS
CO. FOR CONCRETE PRODUCTS
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0 to:
1. Approve Purchase Agreement No. A9248 (Attachment A) with Hi -Grade Materials Co.
to provide concrete products for an amount not to exceed $90,000 beginning November
1, 2022 through October 31, 2025, with two one-year extension options at the City's sole
' discretion.
2. Authorize the Interim City Manager or their designee to execute all necessary documents.
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City Council Minutes October 27, 2022
N. AWARD OF A CONSTRUCTION CONTRACT TO GRANITE CONSTRUCTION
COMPANY, A CALIFORNIA CORPORATION, IN THE AMOUNT OF $6,962,696 '
AND A PURCHASE ORDER TO DUDEK INC., IN THE AMOUNT OF $170,000,
FOR THE 2022 PAVEMENT REHABILITATION, CITY PROJECT NO. 22-08
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0 to:
1. Award a construction contract to Granite Construction Company, a California
corporation, in the amount of $6,962,696 for the 2022 Pavement Rehabilitation, City
Project 22-08; and,
2. Authorize the Interim City Manager to approve a purchase order with an `on -call' firm,
Dudek Inc., for construction management and inspection services in the amount of
$170,000 for the 2022 Pavement Rehabilitation, City Project 22-08; and
3. Authorize the Interim City Manager to execute all necessary documents.
O. APPROVE SERVICE AGREEMENT NO. A9230 WITH DOWNTOWN SHELL FOR
VEHICLE MAINTENANCE AND REPAIR SERVICES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0 to:
1. Approve Contract Services Agreement A9230 with Downtown Shell to provide vehicle
maintenance and repair services for a three-year term in an amount not to exceed '
$300,000, beginning October 27, 2022 through October 26, 2025, with two one-year
extension options at the City's sole discretion.
2. Authorize the Interim City Manager or their designee to execute all necessary documents.
P. APPROVE EXPENDITURE OF PUBLIC ART FUNDS IN THE AMOUNT OF
$286,000 TO RESTORE THE "DESERT HIGHLAND MURAL" BY ARTIST
RICHARD WYATT, JR. ON THE SOUTHWEST EXTERIOR WALL OF THE
JAMES O. JESSIE DESERT HIGHLAND UNITY CENTER
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0 to:
1. Approve the expenditure of Public Art Funds in the amount of $286,000 for the
restoration of the "Desert Highland Mural" by artist Richard Wyatt, Jr.
2. Appropriate $286,000 from Fund 150 Public Arts Fund Balance.
3. Authorize the Interim City Manager to execute all necessary documents to facilitate
restoration of the "Desert Highland Mural".
Q. APPROVAL OF AGREEMENT WITH THE CITY OF DESERT HOT SPRINGS
FOR SIGNAL MAINTENANCE OF FOUR SHARED TRAFFIC SIGNALS ALONG
NORTH INDIAN CANYON DRIVE ,
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0 to:
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1. Approve Agreement with the City of Desert Hot Springs for the traffic signal
' maintenance of four shared traffic signals along North Indian Canyon Road.
2. Authorize the Interim City Manager to execute all necessary documents
R. APPROVAL OF A GROUND LEASE AGREEMENT WITH T-MOBILE WEST,
LLC, FOR NON-EXCLUSIVE USE OF GROUND SPACE WITH AN EXISTING
WIRELESS COMMUNICATIONS TOWER AT 4375 EAST MESQUITE AVENUE
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0 to:
1. Approve Wireless Communications Facilities Site Lease Agreement by and between T-
Mobile West, LLC, and the City of Palm Springs for non-exclusive use of ground space
at City -owned property at 4375 East Mesquite Avenue.
2. Authorize the City Manager or designee to execute all the necessary documents.
S. AMENDMENT NO. 1 TO NON-EXCLUSIVE OPERATING AND LEASE
AGREEMENT NO. A9011 WITH COVID CLINIC, INC.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0 to:
1. Approve Amendment No. 1 to Agreement No. A9011 with Covid Clinic, Inc. to address
the business entity change from Covid Clinic, Inc. to Rume Health, LLC; the relocation
' of their facility from the Airport holiday -overflow parking lot south of Kirk Douglas Way
to an Airport parking lot located west of E. Baristo Road effective September 1, 2022;
and the reduction in size of demised premises from 40,410 square feet to 15,387 square
feet (sq. ft) and a reduction in rent from $12,392.40 per month ($148,708.80 per year) to
$4,723.80 per month ($56,685.60 per year).
2. Authorize the Interim City Manager or designee to execute all necessary documents.
2. PUBLIC HEARINGS: None
A. CONSIDER PROPOSAL FROM BLUE ZONES, LLC TO PARTICIPATE IN A
FEASIBILITY STUDY FOR $85,000
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 4-1 (WOODS voting no) to:
1. Consider proposal from Blue Zones, LLC. to provide a feasibility study in the amount of
$85,000.
2. If supportive of the proposal, authorize the Interim City Manager or designee to execute an
Agreement and Statement of Work in form and content acceptable to the City Manager and
' City Attorney.
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B. CONSIDERATION AND POSSIBLE ADOPTION OF A POLICY LIMITING THE
NUMBER OF PUBLIC MEETINGS THAT CITY LEGISLATIVE BODIES MAY '
HOLD ON THIRD PARTY APPLICATIONS
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 5-0, to adopt Resolution No. 25064 entitled, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
LIMITING THE MAXIMUM NUMBER OF PUBLIC MEETINGS THAT CITY
LEGISLATIVE BODIES MAY HOLD ON THIRD PARTY APPLICATIONS," as
amended.
C. PROPOSED TURF CONVERSION MATCHING REBATE
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to approve an appropriation of $250,000 from the Sustainability
Fund to provide a match to DWA's rebate of $3/square foot, ensuring that a total of
$6/square foot would be available to eligible projects, with the following limitations:
Projects would receive no more than $5,000 in City rebate funding per project; Projects
using artificial turf would not receive the rebate funding; $100,000 will be allocated for
HOAs, $100,000 would be allocated for individual residences, $50,000 will be allocated
to low-income applicants; and the program will continue to be administered by DWA.
D. DISCUSSION REGARDING FILLING AN UNSCHEDULED VACANCY ON THE
CITY COUNCIL
The City Council requested additional information regarding election options, voter '
turnout, and best practices for navigating the process of filling an unscheduled vacancy.
PUBLIC COMMENT:
Brad Anderson, Rancho Mirage
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT
Interim City Manager Gallavan provided an update on staffs intent to resume in -person board,
commission, and committee meetings; announced the hiring of a new Public Works Director; and
provided the tentative upcoming meeting schedule and agenda items.
ADJOURNMENT:
The City Council adjourned on Thursday, October 27, 2022, at 9:04 p.m.
Respectfully submitted,
B nda rAMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: 11/28/22
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