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Monday, November 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 Monday, November 28, 2022, at 5:30 p.m.
PLEDGE OF ALLEGIANCE:
Boyscout Troop 262 led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Christy Holstege, Geoff Kors, Dennis Woods; Mayor Pro Tem
Grace Elena Garner; and Mayor Lisa Middleton
Absent: None.
City Staff
Present: Teresa Gallavan, Interim City Manager, Jeremy Hammond, Deputy City Manager;
Flinn Fagg, 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:
None.
ACCEPTANCE OF THE AGENDA:
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER,
CARRIED 5-0 to reorder the agenda, hearing Item No. 3D before Item No. 3C, and removing Item
No. 1F for separate discussion.
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of November 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 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 28, 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)
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
Property Description: 677-540-028; 677-540-036 (Gene Autry Trail and Mission
Drive); 513-560-048 (Southwest Corner of North Belardo
Road and Belardo Road); APN: 504-150-011 Through 504-
150-055 (N/L W. Chino Canyon Rd. & S/L Sanborn Way);
504-040-046 (West of North Vista Grande Avenue between
Tramway Road and W. Racquet Club Road); 513-290-013
(190 W. Sunny Dunes Rd.); 669-070-002; 669-070-001 (1
Train Station Road (adjacent)); 680-072-012; 680-072-009;
680-072-006; 680-072-005 (4 parcels on eastern half of
block located at southwest corner of Ramon Road and Vella
Road, north of513-153-017 Calle De Ricardo); 680-073-
003; 680-073-004; 680-073-006; 680-073-005 (4 parcels on
eastern half of block located at southwest corner of Calle De
Ricardo and Vella Road, north of Calle De Carlos); 513-091-
003 (285 N. Indian Canyon Dr.); 513-153-017 (223 S. Palm
Canyon Dr.); 513-153-017 (221 S. Palm Canyon Dr.); 513-
153-017 (211 S. Palm Canyon Dr.); 513-153-017 (219 S.
Palm Canyon Dr.); 501-401-010 (233 West Tramview
Road); 504-040-053 (2901 N. Palm Canyon Drive
(Adjacent)); 501-401-039 (El Dorado Boulevard (no
address)); 669-353-001 (Rosa Parks Road (no address))
Palm Springs, CA
Agency: City of Palm Springs
City Negotiator: Teresa Gallavan, Interim City Manager
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City Council Minutes November 28, 2022
Negotiating Parties: Any
Under Negotiation: Price and Terms of Payment
CONFERENCE WITH LABOR NEGOTIATORS — Pursuant to Government Code Section
54957.6:
City Negotiators: Teresa Gallavan, Interim City Manager
Jeremy Hammond, Deputy City Manager
Stephanie St. George, Human Resources Director
Peter Brown, Attorney
Employee organization: Management Association of Palm Springs
Palm Springs Firefighters Association
Palm Springs Fire Management
Palm Springs Police Management Association
Palm Springs Police Officers Association
Public Employees Association of Palm Springs
All unrepresented employees
PUBLIC EMPLOYEE APPOINTMENT - Pursuant to Government Code Section 54957:
Title: City Manager Recruitment
PUBLIC COMMENT:
MICHAEL HORNE
JOHN MCBAIN
DEAN LAVINE
WILLIAM FREYER
MICHAEL JOSEPH PITKIN
BRUCE HOBAN
JUAN ESPINOZA
DAN AAHRON
JOHN SHAY
1. CONSENT CALENDAR:
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS,
CARRIED 5-0, to approve the consent calendar with the removal of Item No. 1F.
A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION AND
COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
MOTION BY MAYOR PRO TEM GARNER, 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
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City Council Minutes November 28, 2022
B. APPROVAL OF MINUTES
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS,
CARRIED 5-0, to approve the City Council Meeting Minutes of January 27, February 10,
February 24, March 10, March 24, April 7, April 21, May 12, May 26, June 16, June 30, July
14, July 28, September 1, September 29, October 17, and October 27, 2022.
C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE
MONTH OF SEPTEMBER 2022
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS,
CARRIED 5-0, Receive and file the report of Staff Authorized Agreements and Purchase
Orders for the period of September 1 through September 30, 2022.
D. APPROVAL OF AMENDMENT NO. 2 TO THE ALLOCATED POSITIONS AND
COMPENSATION PLAN FOR FISCAL YEAR 2022-23
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS,
CARRIED 5-0, to:
1. Adopt Resolution No. 25068 entitled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 2
TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL
YEAR 2022-2023, ADOPTED BY RESOLUTION NO. 25033."
2. Authorize the City Manager to execute all documents necessary to effectuate this action.
E. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AFFIRMING THE COUNCIL ACTION OF SEPTEMBER 29, 2022,
RELATIVE TO AN EXTENSION OF THE PARKLET USE AND AMENDMENT OF
THE ASSOCIATED PARKLET DESIGN GUIDELINES
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS,
CARRIED 5-0, to adopt Resolution No. 25069 entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE
DESIGN GUIDELINES FOR PARKLET FACILITIES AND EXTENDING THE DATE
FOR PARKLET USAGE."
F. AUTHORIZE THE PURCHASE OF OFFICE SUPPLIES FROM ODP BUSINESS
SOLUTIONS
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM GARNER,
CARRIED 5-0, to:
1. Continue Item to December 5, 2022, pending City Attorney verification that ODP Business
Solution's provides fully inclusive, non-discriminatory healthcare to its employees.
2. Agendize future discussion regarding an update to City Ordinances regarding
G. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. A9082 WITH UNITED
RENTALS (NORTH AMERICA), INC. FOR EQUIPMENT RENTAL SERVICES
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City Council Minutes November 28, 2022
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS,
CARRIED 5-0, to:
1. Approve Amendment No. 2 to Agreement A9082 (Attachment A) with United Rentals
(North America), Inc. to provide equipment rental services in an additional amount of
$225,000 for a total revised contract amount not to exceed $300,000 and extending the
term through August 27, 2024.
2. Authorize the Interim City Manager or designee to execute all necessary documents.
H. APPROVE AMENDMENT NO. 1 TO NON-EXCLUSIVE OPERATING AND LEASE
AGREEMENT A9092 WITH ALCLEAR, LLC DBA CLEAR
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS,
CARRIED 5-0, to
1. Approve Amendment No. 1 to Non -Exclusive Operating and Lease Agreement A9092 with
Alclear, LLC dba CLEAR to add screening pods in the main terminal lobby, adjust
screening space from 120 square feet to 296 square feet effective November 1, 2022, and
increase rental space from $14,271.96 to $22,141.44 per year.
2. Authorize the Interim City Manager or designee to execute all documents.
I. APPROVE PURCHASE AGREEMENT NO. A9274 WITH ENNIS-FLINT, INC. FOR
PAINT FOR PALM SPRINGS INTERNATIONAL AIRPORT
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS,
CARRIED 5-0, to:
1. Approve Purchase Agreement No. A9274 (Attachment A) with Ennis -Flint, Inc. to provide
paint for Palm Springs International Airport in an amount not to exceed $150,000
beginning December 01, 2022 through November 30, 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.
J. APPROVE CONTRACT SERVICES AGREEMENT NO. A9253 WITH JULIO G.
ESCOBEDO, JR. DBA ESCOBEDO ENTERPRISES FOR ON -CALL LUGGAGE CART
DISPENSER MAINTENANCE SERVICES
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS,
CARRIED 5-0, to:
1. Approve Contract Services Agreement A9253 with Julio G. Escobedo, Jr. dba Escobedo
Enterprises to provide on -call luggage cart dispenser maintenance services in an amount
not to exceed $100,000, for the initial term beginning November 29, 2022 through
November 28, 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.
K. APPROVAL OF A NOTICE TO PROCEED TO VEOLIA WATER WEST
OPERATING SERVICES, INC. IN THE AMOUNT OF $171,568.50 FOR BARISTO ROAD
SEWER PIPE SEGMENT, CITY PROJECT 22-41
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS,
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City Council Minutes November 28, 2022
CARRIED 5-0, to:
1. Authorize the City Engineer to issue a Notice to Proceed to Veolia Water West Operating
Services, Inc. in an amount not to exceed $171,568.50 for the Baristo Road Sewer Pipe
Segment, City Project No. 22-41.
2. Authorize the Interim City Manager to execute all necessary documents.
L. APPROVE AN AGREEMENT WITH THE DRUG ENFORCEMENT
ADMINISTRATION TO PARTICIPATE IN PALM SPRINGS NARCOTICS TASK
FORCE
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS,
CARRIED 5-0, to:
1. Approve Agreement No. A9275 with the Drug Enforcement Administration through
September 30, 2026.
2. Authorize the Interim City Manager to execute all necessary documents.
M. AWARD A CONSTRUCTION CONTRACT TO ELECNOR BELCO ELECTRIC, INC.
IN THE AMOUNT OF $363,789 FOR THE HIGH -INTENSITY ACTIVATED
CROSSWALK BEACON (HAWK) SIGNAL, RACQUET CLUB ROAD AND VIA
MIRALESTE, CITY PROJECT NO.21-12
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS,
CARRIED 5-0, to:
1. Award a construction contract to Elecnor Belco Electric, Inc. (Belco), in the amount of
$363,789 for the HAWK signal on East Racquet Club Road at North Via Miraleste, City
Project No. 21-12 ("the Project").
2. Authorize the Interim City Manager or designee to execute all necessary documents.
N. PALM SPRINGS BOARD OF LIBRARY TRUSTEES ANNUAL REPORT FOR
FISCAL YEAR 2021-22
MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS,
CARRIED 5-0, to receive and file the Palm Springs Board of Library Trustees Annual Report for
Fiscal Year 2021-22.
2. PUBLIC HEARINGS:
A. AUTHORIZING ANNEXATION NO.26 TO COMMUNITY FACILITIES DISTRICT
NO. 2005-1 (PUBLIC SAFETY SERVICES)
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER KORS,
CARRIED 5-0 to:
1. Hold a Public Hearing on the matter.
2. Adopt Resolution No. 25070 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING
ANNEXATION NO. 26, TRACT MAP NO. 37935, INTO COMMUNITY FACILITIES
DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), AUTHORIZING THE LEVY
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City Council Minutes November 28, 2022
OF A SPECIAL TAX, AND SUBMITTING THE LEVY OF SPECIAL TAX TO
QUALIFIED ELECTORS.
3. Conduct the Special Annexation Landowner Election.
4. Adopt Resolution No. 25071 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS
OF A SPECIAL ANNEXATION LANDOWNER ELECTION, DETERMINING
VALIDITY OF PRIOR PROCEEDINGS, AND DIRECTING THE RECORDING OF
AN AMENDMENT TO NOTICE OF SPECIAL TAX LIEN FOR ANNEXATION NO.
26, Tract Map No. 37935, INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES).
5. Introduce Ordinance No. 2073, "AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF
SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING
CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION NO. 26,
TRACT MAP NO. 37935 INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES).
B. A REQUEST FOR AMENDMENTS TO PALM SPRINGS ZONING CODE CHAPTER
92.00 RELATED TO ZONING REGULATIONS FOR CHILDCARE USES (CASE 5.1566
ZTA)
MOTION BY COUNCILMEMBER HOLSTEGE, 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 Ordinance No. 2076 entitled, "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
CHAPTER 92.00 OF THE PALM SPRINGS ZONING CODE RELATED TO THE
ZONING REQUIREMENTS FOR CHILDCARE USES (CASE 5.1566 ZTA).
3. BUSINESS & LEGISLATIVE:
A. CONDUCT SECOND READING (ADOPTION) OF AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND
RESTATING CHAPTER 5.25 REGARDING VACATION RENTALS, AND
TERMINATING THE MORATORIUM CURRENTLY IN PLACE REGARDING THE
PROCESSING AND ISSUANCE OF VACATION RENTAL CERTIFICATES
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM GARNER,
CARRIED 4-0-1 (HOLSTEGE RECUSED) to conduct a second reading (adopt) of Ordinance
No. 2075 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.25 REGARDING
VACATION RENTALS, AND TERMINATING THE MORATORIUM CURRENTLY IN
PLACE REGARDING THE PROCESSING AND ISSUANCE OF VACATION RENTAL
CERTIFICATES."
B. 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
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City Council Minutes November 28, 2022
Deputy City Manager Fagg presented the staff report and the City Council provided direction to
staff regarding revisions to the Ordinance. No action was taken.
C. REQUEST TO ADD CHAPTER 5.89 TO THE PALM SPRINGS MUNICIPAL CODE
RELATING TO SIDEWALK VENDING, AND TO AMEND CHAPTER 5.48 RELATIVE
TO COMMERCIAL SOLICITATION
Deputy City Manager Fagg presented the Staff Report and the City Council provided direction to
staff regarding revisions to the proposed ordinance. No action was taken.
D. CLIMATE ACTION PROGRESS UPDATE
Director of Sustainability McCloy provided a progress report on key climate action initiatives
and the City Council provided feedback. No action was taken.
PUBLIC COMMENT:
MICHAEL JOSEPH PITKIN
STEVEN WIJATYK
RICK PANTELE
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 Monday, November 28, 2022, at 10:56 p.m.
Respectfully submitted,
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: 12/15/2022
City of Palm Springs Page 8