HomeMy WebLinkAbout2022-11-10 CC MINUTESC44000�P
Thursday, November 10, 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, November 10, 2022; at 5:37 p.m.
PLEDGE OF ALLEGIANCE:
Boyscout Troop 262 led the Pledge of Allegiance.
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Present: Councilmembers Geoff Kors, Dennis Woods; Mayor Pro Tern Grace Elena Garner;
and Mayor Lisa Middleton
Absent: Councilmember Christy Holstege
City Staff
Present: Teresa Gallavan, Interim City Manager, Jeremy Hammond, Deputy 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:
Interim City Manager Gallavan announced David McAbee as the new Director of Public works.
ACCEPTANCE OF THE AGENDA:
By consensus, the City Council agreed to accept the agenda with Consent Item Nos. IN and 10
removed for separate discussion.
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of November 10, 2022, was called to order by
Mayor Middleton at 3:30 p.m., with four members present (Holstege absent).
The meeting convened into Closed Session to discuss the following items as listed on the Regular
Closed Session Meeting Agenda with no reportable action:
CONFERENCE WITH LEGAL COUNSEL — MATTERS CREATING SIGNIFICANT
EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956:9(d)(2):
City Council Minutes November 10 2022
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.
Claim No. 22-0903, dated April 27, 2022, filed by Law Offices of Monrow Mabon 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 are two (2) matters the City Council has
decided or may decide to initiate litigation.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code
Section 54956.8
Property Description: 2990 E. Tahquitz Canyon Way (APN: 502-143-004)
Pahn 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
PUBLIC COMMENT: I
Hank Plante
Jim Gazan
Chad Engelking
Paul Kowal
Michael Joseph Pitkin
Nicholas Churchian
Jim Franklin
Brian Yaklich
Gerald Katen
David Rios
Frank Hundley
Mark Hewitt
Josh Moran
Jim Wilkinson
Jared Scherer
Brent Deim
Ron Willison
Stacey Monfore
Ryan Fischer
Roger Crouthamel
Bruce Hoban
John Geranios
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City Council Minutes November 10, 2022
Davis Meyer
Heather Lyon
'
JP Calderon
Shon Tomlin
Oscar Flink
Julian Heaney
Kevin Dickerson
Imad Haifa
Drew Fenton
Keith Ruoff
Patrick Jordan
Keith Malkovitz
David Feltman
Linda Boggs
Chris Bale
Kim Orellana
Shannon Metcalf
Lynn Ballantyne
Robert Meixner
Leo Lucas
Ginny Hahn
Charles Elliott
Chester Pay
Ruth Gray
Warren (]raw
Brian Sullivan
Jeff Okyle
Justin Lenzi
Patrick Canonae
Megan Rodriguez
Patrick Weiss
Puya Ghandian
Eric Mann
Robert Cole
Steven Alexander
Timothy Hadorn
Michael Horne
Thomas McGlone
David Gallo
Abe Chami
Marcus Davis
Laura Dansbury
Josh Levine
Rick Ingram
Michael Muellerleile
Eric Redder
Leah Tremblah
Olga Mizrahi
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City Council Minutes November 10 2022
Dan Aharon
Edward Bobbett
Dawn Radue
,
Pearl Fang
Luis Martinez
Martin Atencio
Mary Lou Aranguren
Robert Aronoff
Richie Hollien
Donna Manansala
Rosanna Rocker
Gerard Moylan
Bertha Alarcon
Danielle McDonald
Alan Billingsley
Lucy Jaric
Jbnathan Deason
Andrew Rudman
Blaine Spady
Moira Romano
Tara Dubbs
Hardy Moat
Francine McDougall
Michael Bornstein
Ginny Foat
,
Del Quinn
Karine Ghanimian
Scott Howlett
Jordan Hawley
Bram Heidinger
Michael Lowder
Darrell Gonzalez
Desiree Sherod
Heather Carson
Alan Chan
Michael Stroz
Tom Emrich
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM GARNER,
CARRIED 4-0, to approve the consent calendar with the removal of Item Nos. 1N and 10.
A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND ,
COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
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City Council Minutes November 10, 2022
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
' GARNER, CARRIED 4-0, 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 PAYROLL WARRANTS, CLAIMS AND DEMANDS
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4-0, to adopt Resolution No. 25065 entitled, " A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE
PERIOD ENDING 10-01-22 TOTALING $1,993,541.30 AND ACCOUNTS PAYABLE
WARRANTS DATED 09-29-22 TOTALING $5,070,070.34, IN THE AGGREGATE
AMOUNT OF $7,063,611.64, DRAWN ON BANK OF AMERICA."
C. APPROVE AGREEMENT A9226 WITH AUDIO ASSOCIATES FOR AIRPORT
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MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM GARNER,
CARRIED 4-0, to approve Agreement A9226 with Audio Associates in the amount of $14,410
to expand the paging system at Palm Springs International Airport.
D. APPROVE SERVICE AGREEMENT NO. A9265 WITH SOUTHERN CALIFORNIA
FLEET SERVICES, INC. FOR FIRE APPARATUS AND HEAVY EQUIPMENT
MAINTENANCE AND REPAIR SERVICES
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM GARNER,
CARRIED 4-0, to:
1. Approve Contract Service Agreement A9265 with Southern California Fleet Services, Inc.,
to provide fire apparatus and heavy equipment maintenance and repair services in an
amount not to exceed $900,000 for the initial three-year term beginning November 15,
2022 through November 14, 2025, with two one-year extension options at the City's sole
discretion.
2. Authorize the Interim City Manager or designee to execute all necessary documents.
E. APPROVE A THREE-YEAR AGREEMENT WITH VERDE FACILITIES SERVICES
LLC (A9232) FOR JANITORIAL SERVICES FOR VARIOUS CITY FACILITIES
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4-0, to:
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 12, 2022, through December 11, 2025, with
two one-year extension options at the City's sole discretion.
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City Council Minutes November 10 2022
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 '
annually during the term of the Agreement.
3. Authorize the Interim City Manager or designee to execute all necessary documents.
F. APPROVE A ONE-YEAR AGREEMENT WITH MANSFIELD POWER AND
GAS, LLC (A9254) FOR THE PURCHASE OF NATURAL GAS FOR CO-
GENERATION PLANT AND APPROPRIATE $467,500 FROM GENERAL FUND
BALANCE
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4-0, to:
1. Approve Contract Service Agreement A9254 with Mansfield Power and Gas, LLC to
provide natural gas for a one-year term in an estimated amount of $603,000.70 subject
to usage adjustments beginning January 1, 2023, through December 31, 2023.
2. Authorize the City Manager to enter into future annual purchase agreements for natural
gas from the wholesale commodity market for an amount not to exceed what is
budgeted and approved in the Energy Fund annually for natural gas.
3. Appropriate $467,500 from General Fund Balance to the Energy Fund for this
purchase.
4. Authorize the Interim City Manager or designee to execute all necessary documents.
G. APPROVE PURCHASE OF DOCUSIGN ENTERPRISE PRO FROM '
CARAHSOFT TECHNOLOGY CORPORATION FOR A THREE-YEAR PERIOD
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4-0, to
1. In accordance with Section 7.09.010 "Cooperative Purchasing Programs," of the Palm
Springs Municipal Code, authorize the purchase of DocuSign, an electronic signature
program, from Carahsoft Technology Corporation, pursuant to the California Multiple
Award Schedule (CMAS) Contract 3-12-70-2247E for an amount of $61,660.50 for a
three-year period.
2. Authorize the Interim City Manager to execute all necessary documents.
H. GENERAL FUND FISCAL YEAR 2022-23 FINANCIAL REPORT FOR FIRST
QUARTER ENDING SEPTEMBER 30, 2022
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4-0, to receive and file the General Fund Fiscal Year 2022-23
Financial Report.
I. APPROVE APPROPRIATION OF $170,000 FROM GENERAL FUND BALANCE
TO THE HUMAN RESOURCES DEPARTMENT FOR RECRUITMENT
SERVICES ,
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4-0, to approve an appropriation of $170,000 from General Fund
Balance to the Human Resources Department for Recruitment Services.
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City Council Minutes November 10, 2022
J. APPROVE AN AGREEMENT WITH LIEBERT CASSIDY WHITMORE TO
PROVIDE EMPLOYMENT AND LABOR RELATIONS LEGAL SERVICES
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4-0, approve an Agreement for Special Services with Liebert
Cassidy Whitmore to provide consulting, representational, and legal services pertaining to
employment relations matters.
K. APPROVE AGREEMENT A9255 WITH LEXIPOL TO PERFORM ANNUAL
POLICY MANUAL UPDATES FOR THREE YEARS FOR THE PALM SPRINGS
POLICE DEPARTMENT
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4-0, to approve Agreement A9255 with Lexipol to provide three
years of annual policy manual updates for a total cost of $49,394.
L. APPROVAL OF A LICENSE AGREEMENT WITH THE RIVERSIDE COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT 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 4-0, to:
1. Approve a License Agreement with Riverside County Flood Control and Water
Conservation District for the construction of 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).
2. Authorize the Interim City Manager to execute all necessary documents.
M. APPROVE AGREEMENT A9257 WITH VITAC TO PROVIDE CLOSED
CAPTIONING SERVICES FOR ONE YEAR
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4-0, to approve Agreement A9257 with VITAC to provide
continued closed captioning services for an amount not to exceed $24,000 for one year.
N. APPROVE PURCHASE OF THE POPSICLES ARTWORK BY JOHN CERNY
LOCATED AT 605 E. SUNNY DUNES ROAD IN THE AMOUNT OF $14,000
WITH PUBLIC ARTS FUNDS
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER
KORS, CARRIED 3-1 (WOODS VOTING NO), to:
1. Approve purchase of the Popsicles Artwork by John Cerny in the amount of
$14,000 with Public Arts Funds.
2. Authorize the purchase of the Artwork subject to review and approval of a purchase
and sale agreement in a form acceptable to the City Attorney.
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City Council Minutes November 10 2022
O. APPROVE PURCHASE, REPAIR, RELOCATION, AND INSTALLATION COSTS
IN THE AMOUNT OF $6,550 FOR THE "WOW" SCULPTURE BY ARTIST
MICHAEL BIRNBERG (AKA MIDABI) FOR PLACEMENT AT THE
NORTHWEST CORNER OF NORTH PALM CANYON DRIVE AND VIA LOLA
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER
KORS, CARRIED 4-0, to:
1. Approve funding in the amount of $6,550 of Public Art Funds for purchase, repair,
and relocation costs of the "WOW" sculpture.
2. Approve placement of the "WOW" sculpture at the northwest corner of Palm
Canyon Drive and Via Lola.
3. Authorize the purchase of the Artwork, subject to review and approval of a
purchase and sale agreement in a form acceptable to the City Attorney.
2. PUBLIC HEARINGS:
A. A REQUEST BY THE CITY OF PALM SPRINGS FOR A GENERAL PLAN
AMENDMENT AND A ZONING TEXT AMENDMENT TO MODIFY
RESIDENTIAL DENSITY STANDARDS FOR THE CBD LAND USE
DESIGNATION AND TO REVISE LEGAL NON -CONFORMING CRITERIA
TO ALLOW CONVERSION OF CERTAIN HOTEL USES TO I
MULTIFAMILY RESIDENTIAL APARTMENT USES (CASE NO.5.1549 GPA
& 5.1539 ZTA)
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER
KORS, CARRIED 4-0, to:
1. Open the Public Hearing and receive public testimony
2. Close the public hearing, introduce by title only and waive further reading of
Ordinance No. 2074 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1539
ZTA, ZONE TEXT AMENDMENT, TO AMEND THE PALM SPRINGS
ZONING CODE BY ADDING SECTION 94.05.085 TO REVISE LEGAL NON-
CONFORMING CRITERIA TO ALLOW FOR CERTAIN HOTEL TO
APARTMENT CONVERSIONS WITH A CONDITIONAL USE PERMIT."
3. Adopt 'Resolution No. 25072 entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
CASE 5.1549 GPA, GENERAL PLAN AMENDMENT, TO AMEND THE
PALM SPRINGS 2007 GENERAL PLAN LAND USE ELEMENT TO MODIFY
THE CENTRAL BUSINESS DISTRICT (CBD) LAND USE DESIGNATION
MINIMUM RESIDENTIAL DENSITY STANDARDS AND LEGAL NON-
CONFORMING CRITERIA TO ALLOW FOR CONVERSIONS OF CERTAIN ,
HOTEL USES TO MULTI -FAMILY RESIDENTIAL USES."
3. BUSINESS & LEGISLATIVE:
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City Council Minutes November 10, 2022
A. DISCUSSION AND INTRODUCTION OF AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND
RESTATING CHAPTER 5.25 REGARDING VACATION RENTALS; AND
POTENTIAL ACTION REGARDING THE EXISTING MORATORIUM ON THE
PROCESSING AND ISSUANCE OF VACATION RENTAL CERTIFICATES
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4-0 to:
Waive the reading of text in its entirety, read by title only, and introduce for first
reading Ordinance entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING
CHAPTER 5.25 REGARDING VACATION RENTALS."
2. Provide direction regarding further Vacation Rental regulations.
B. A REQUEST BY GLA DESIGN GROUP ON BEHALF SPS MANUF. LLC FOR AN
ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF FROM THE
MINIMUM SEPARATION DISTANCE REQUIREMENT FOR A CANNABIS
DISPENSARY/LOUNGE AT 823 SOUTH WILLIAMS ROAD (CASE 7.1660 AMM)
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR MIDDLETON,
CARRIED 4-0, to adopt Resolution No. 25066 entitled, "Adopt a Resolution entitled, "A
' RESOLUTION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN
ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF FROM THE MINIMUM
SEPARATION DISTANCE REQUIREMENT IN SECTION 93.23.15 FOR A
CANNABIS FACILITY (CALI DISPENSARY) PROPOSED AT 823 SOUTH
WILLIAMS ROAD FROM AN EXISTING CANNABIS LOUNGE (CASE 7.1660
AMM)."
C. A REQUEST BY TPE ENTERPRISES, LLC FOR AN ADMINISTRATIVE MINOR
MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION
DISTANCE REQUIREMENTS FOR A CANNABIS DISPENSARY AT
1233 SOUTH GENE AUTRY TRAIL (CASE 7.1661 AMM)
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR MIDDLETON,
CARRIED 4-0, to adopt Resolution No. 25067 entitled, "A RESOLUTION OF THE CITY
OF PALM SPRINGS, CALIFORNIA, APPROVING AN ADMINISTRATIVE MINOR
MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION DISTANCE
REQUIREMENT IN SECTION 93.23.15 FOR A CANNABIS FACILITY (TPE
ENTERPRISES,-LLC) PROPOSED AT 1233 SOUTH GENE AUTRY TRAIL FROM.
TWO EXISTING CANNABIS DISPENSARIES (CASE 7.1661 AMM)."
D. DISCUSSION ON DISPOSITION OF DESERT HIGHLAND GATEWAY ESTATE
' SINGLE-FAMILY RESIDENTIAL LOTS
By consensus, the City Council continued this item to a date uncertain.
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City Council Minutes November 10, 2022
E. PROPOSED UPDATE OF PALM SPRINGS MUNICIPAL CODE CHAPTER 5.77
PERTAINING TO ADULT -ORIENTED BUSINESSES AND REPEAL OF ,
CHAPTER 11.10 PERTAINING TO PUBLIC NUDITY
By consensus, the City Council continued this item to a date uncertain.
1_9,110.3.11CKK1Ju'iu I KI IA
Carl Christman, resident.
Michael Joseph Pitkin, resident.
Kara VanDyke, representing Palm Canyon Theatre.
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT
Interim City Manager Gallavan and the City Council discussed the tentative upcoming meeting
schedule and agenda items.
ADJOURNMENT:
The City Council adjourned on Friday, November 11, 2022, at 12:12 a.m.
Respectfully submitted,
Brenda rekeCERA
City Clerk
APPROVED BY CITY COUNCIL: 12/05/2022
City of Palm Springs Page 10