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Home My WebLink About2023-02-21 City Council Meeting MinutesThursday, February 21, 2023 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 Garner on Thursday, February 21, 2023, at 5:33 p.m. PLEDGE OF ALLEGIANCE: Ashton Harris Jr. He is 9 years old and in the 3rd Grade at Cahuilla Elementary School. He is on the Yucca Valley 3rd-4th grade Basketball Team, jiu jitsu, and the robotics club. He enjoys art, hikes, and Minecraft. ROLL CALL: Present: Councilmembers Christy Holstege, Ron deHarte, Lisa Middleton; Mayor Pro Tem Jeffrey Bernstein; and Mayor Grace Elena Garner. Absent: None. City Staff Present: Teresa Gallavan, Interim City Manager, Jeremy Hammond, Deputy City Manager; Flinn Fagg, Deputy City Manager, Ryan Guiboa, Assistant City Attorney; Brenda Pree, City Clerk and Brent Rasi, 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: Chief Mills gave an update on the homeless situation around Ramon Rd. and Crossley Rd. ACCEPTANCE OF THE AGENDA: By consensus, the City Council agreed to accept the agenda with Consent Item No’s 1J removed for further discussion. REPORT OF CLOSED SESSION: The Regular Closed Session of the City Council of February 21, 2023, was called to order by Mayor Garner at 3:32 p.m., The meeting convened into Closed Session to discuss the following items as listed on the Regular Closed Session Meeting Agenda with no reportable action. City Council Minutes February 21, 2023 City of Palm Springs Page 2 EXISITING LITIGATION – Pursuant to Government Code section 54956.9(d)(1): City of Palm Springs v. Desert Community College District, Riv. Sup. Ct., No. CVPS2203916 CONFERENCE WITH LEGAL COUNSEL – MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2): Four (4) 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. Claim No. 22-0960, dated November 29, 2022, filed by Areva Martin, Esq., Martin & Martin, LLP Pearl Devers & Section 14 Survivors and Descendants. 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 REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54956.8 Property Description: APN #504-030-012, approx. 6.91 acres located in Desert Palisades City Negotiator: Teresa Gallavan, Interim City Manager; Flinn Fagg, Deputy City Manager Negotiating Parties: Pinnacle View, LLC Under Negotiation: Price and Terms of transfer Property: 119.4 acres of real property, located on the Northwest Corner of Indian Canyon Dr. and Tramview Rd. City Negotiator: Teresa Gallavan, Interim City Manager Negotiating Parties: Chief Planning and Development Officer, Agua Caliente Band of Cahuilla Indians Under Negotiation: Price and Terms of Payment (Lease) City Council Minutes February 21, 2023 City of Palm Springs Page 3 PUBLIC COMMENT: Michael Horne Ed McBride David Sidley Rebecca Olarte Purvi Doshi Todd Webster Jennifer Broxmeyer Eric Englund Michael Hirschbein Robert Feferman Jane Englund (was not in the zoom room) Don Cecil Nanci Morrison 1. CONSENT CALENDAR: MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to approve the consent calendar with 1J being removed for further discussion. A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361 MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER DEHARTE, 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 Springs 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 HOLSTEGE, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0, February 09, 2023. C. APPROVE COOPERATIVE PURCHASE AGREEMENT NO. A9374 WITH AIRWAVE COMMUNICATIONS ENTERPRISES INC., FOR FIRE DEPARTMENT RADIOS AND INSTALLATION SERVICES MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to approve Cooperative Purchase Agreement No. A9374 with Airwave Communications Enterprises Inc., to provide PSEC compatible radios and City Council Minutes February 21, 2023 City of Palm Springs Page 4 installation services for the City of Palm Springs Fire Department in an amount not to exceed $149,926.59. D. APPROVE THE PURCHASE OF NEXT-GENERATION FIREWALLS WITH FIVE YEARS OF SUBSCRIPTIONS AND SUPPORT MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to approve the purchase of next-generation firewalls with five years of subscriptions and support from Vector USA for $248,087 based on a cooperative contract. E. ACCEPT A GRANT AWARD FROM THE CALIFORNIA STATE LIBRARY IN THE AMOUNT OF $99,581 AND APPROVE THE PURCHASE OF NETWORKING EQUIPMENT FROM AMS.NET IN THE AMOUNT OF $87,198 MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to accept a grant award from the California State Library in the amount of $99,581 and appropriate to Information Technology Department Account 1001025-40105. Approve the purchase of networking equipment from AMS.Net for $87,198 through a cooperative contract. F. APPROVAL OF PLANS, SPECIFICATIONS, ESTIMATE, AND AUTHORIZATION TO BID ARNICO PHASE 4 SEWER IMPROVEMENTS, CITY PROJECT 21-17. MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to accept the plans, specifications, estimate, and authorize Staff to advertise and solicit bids for the Arnico Phase 4 Sewer Improvements, City Project 21-17. G. AWARD A CONSTRUCTION CONTRACT TO STEVE P. RADOS, INC. IN THE AMOUNT OF $40,253,919.80, APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH HARRIS AND ASSOCIATES IN AN AMOUNT NOT TO EXCEED $4,126,517.54 FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES, AND APPROVAL OF AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT NO. 7228 WITH DOKKEN ENGINEERING IN AN AMOUNT NOT TO EXCEED $83,630 FOR ADDITIONAL GEOTECHNICAL SERVICES FOR THE INDIAN CANYON DRIVE WIDENING, FEDERAL AID PROJECT NO. BRLO-5282(017), CITY PROJECT NO. 01-11 MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to award a construction contract to Steve P. Rados, Inc., (Rados) in the amount of $40,253,919.80 for the Indian Canyon Drive Widening Project, Federal Aid Project No. BRLO-5282(017), City Project No. 01-11. Delegate authority to the City Manager or designee to approve and execute construction contract change orders City Council Minutes February 21, 2023 City of Palm Springs Page 5 up to a total amount of $4,025,392 (10%), with all change orders reported to the City Council. Approve a Professional Services Agreement with Harris & Associates (Harris), in an amount not to exceed $4,126,517.54, for construction management, inspection, and materials testing services for Indian Canyon Drive Widening Project, Federal Aid Project No. BRLO-5282(017), City Project No. 01-11. Approve Amendment No. 3, in the amount of $83,630, to Professional Services Agreement No. 7228, for a new not-to-exceed amount of $305,386.75 with Dokken Engineering (Dokken) for Indian Canyon Drive Widening Project, Federal Aid Project No. BRLO-5282(017), City Project No. 01-11. Authorize the City Manager to execute all necessary documents. H. APPROVE USE OF PUBLIC ART FUNDS IN THE AMOUNT OF $3,000 FOR THE SUNUP ROTARY CHALK ART FESTIVAL MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to approve use of Public Art Funds in the amount of $3,000 for the Sunup Rotary Chalk Art Festival. I. APPROVAL OF PLANS, SPECIFICATIONS, ESTIMATE, AND AUTHORIZATION TO BID WASTEWATER TREATMENT PLANT (WWTP) SLUDGE DRYING BEDS, CITY PROJECT 21-05 MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to accept the plans, specifications, estimate, and authorize Staff to advertise and solicit bids for the WWTP Sludge Drying Beds, City Project 21-05. J. SECOND READING AND ADOPTION OF ORDINANCE NO. 2082 OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 5.77 RELATING TO ADULT-ORIENTED BUSINESSES MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2082, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.77 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO ADULT-ORIENTED BUSINESS REGULATIONS.” K. APPROVAL OF AMENDMENT NO. 4 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2022-23 MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to adopt a Resolution No. 25090 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 4 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2022- 2023, ADOPTED BY RESOLUTION NO. 25033.” City Council Minutes February 21, 2023 City of Palm Springs Page 6 L. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF JANUARY 1 THROUGH JANUARY 31, 2023. MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to receive and file the report for Staff Authorized Agreements and Purchase Orders for the period Of January 1 Through January 31, 2023. M. APPROVE AN APPROPRIATION OF $392,000 FROM THE GENERAL FUND BALANCE TO THE BUILDING & SAFETY DEPARTMENT FOR CONTRACTUAL SERVICES MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to approve an appropriation of $392,000 from the General Fund Balance to the Building & Safety Department for contractual services. 2. PUBLIC HEARINGS: A. AN APPLICATION BY THE VILLA ROMA HOMEOWNERS ASSOCIATION FOR HISTORIC DISTRICT DESIGNATION OF “THE VILLA ROMA GARDEN HOMES” LOCATED AT 2500 SOUTH SIERRA MADRE DRIVE, (MASTER APN #512-120-070), CASE HSPB #140 Public Speakers for Public Hearing – Philip Parks, John Klingenmeier, Peter Moruzzi, Lisa Vicino, Ron Marshall, Kyle Gunderson, Pamela Hannah, Steve Vaught, Ash Lettow, Meaghan Gaffney-Howe, and Sharon Siegel. MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, PASSED 3-2 (DEHARTE AND GARNER) to adopt a Resolution No. 25091 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE VILLA ROMA GARDEN HOMES LOCATED AT 2500 SOUTH SIERRA MADRE DRIVE AS A HISTORIC DISTRICT “HD-9” / CASE HSPB 140 SUBJECT TO CONDITIONS (MASTER APN 512-120- 070).” B. DTPS B-3 LLC REQUEST FOR EXTENSION OF TIME FOR A TENTATIVE TRACT MAP APPROVAL ASSOCIATED WITH THE CONSTRUCTION OF A SIX STORY, 73,300- SQUARE FOOT MIXED USE BUILDING (MULTI- FAMILY RESIDENTIAL CONDOMINIUMS AND COMMERCIAL) WITH 45 FOR-SALE RESIDENTIAL UNITS AND GROUND FLOOR COMMERCIAL LOCATED ON BLOCK “B” OF THE DOWNTOWN PALM SPRINGS SPECIFIC PLAN AT 200 NORTH BELARDO ROAD, ZONE CBD (CASE NO. TTM 37935 EOT) City Council Minutes February 21, 2023 City of Palm Springs Page 7 MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, PASSED 4-0-1 (BERNSTEIN RECUSED) to adopt a Resolution No. 25092 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A one-year EXTENSION OF TIME FOR CASE NO. TTM 37935; A tentative tract map for a one-lot subdivision for condominium purposes (45 RESIDENTIAL UNITS) ON BLOCK B OF THE DOWNTOWN PALM SPRINGS SPECIFIC PLAN LOCATED AT THE NORTHEAST CORNER OF BELARDO ROAD AND MUSEUM WAY.” C. CONDUCT A PUBLIC HEARING UNDER SECTION 53083 OF THE CALIFORNIA GOVERNMENT CODE TO APPROVE A HOTEL OPERATIONS COVENANT BETWEEN THE CITY OF PALM SPRINGS AND BELL LOFTS, LLC, A CALIFORNIA LIMITED COMPANY (DBA DESCANSO RESORT) PURSUANT TO THE CITY'S HOTEL OPERATIONS INCENTIVE PROGRAM MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER DEHARTE, PASSED 5-0 to approve a Hotel Operations Covenant Agreement with Bell Lofts, LLC for the Descanso Resort located at 288 East Camino Monte Vista. ***RECESS FROM 7:16 PM TO 7:25PM*** 3. BUSINESS & LEGISLATIVE: A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, TERMINATING THE LOCAL COVID-19 EMERGENCY, EFFECTIVE FEBRUARY 28, 2023; DIRECTION REGARDING THIRD-PARTY FOOD DELIVERY FEES AND TELECONFERENCING MOTION BY MAYOR GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0 to adopt a Resolution No. 25093 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PROCLAIMING THE TERMINATION OF THE EXISTENCE OF A LOCAL EMERGENCY (NOVEL CORONAVIRUS “COVID-19”) DECLARED MARCH 14, 2020; AND RESCINDING RESOLUTION NO. 24738.”, Continue with AB361. Come back with an Ordinance in 90 days from the City Attorney. City attorney’s office to keep them updated. B. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2023–2024 ANNUAL ACTION PLAN AND BUDGET DISCUSSION City Council provided staff with recommendations for the CDBG Annual Action Plan and Budget for 2023-2024 fiscal year. C. APPROVAL OF SCOPE OF WORK AND AUTHORIZE REQUEST FOR QUALIFICATIONS (RFQ) FOR ARCHITECTURE AND DESIGN SERVICES FOR City Council Minutes February 21, 2023 City of Palm Springs Page 8 THE PALM SPRINGS PUBLIC LIBRARY RENOVATION, CITY PROJECTS 16-08 AND 19-18 MOTION BY MAYOR GARNER, SECOND BY MAYOR PRO TEM BERNSTEIN, PASSED 5-0; for staff to approve the additional unfunded Scope of Work to be included in the RFQ and authorize Staff to advertise and solicit through an RFQ process for the Palm Springs Public Library renovation project, City Projects 16-08 and 19-18. D. GENERAL FUND, CAPITAL, AND AIRPORT MID-YEAR FISCAL YEAR 2022-23 BUDGET UPDATE Budget update was given by Kristopher Mooney, Assistant Director of Finance; Joel Montalvo, City Engineer; and Victoria Carpenter, Airport Administration Manager. Item was received and filed by City Council. E. DISCUSSION REGARDING REGULATORY APPROACH TO MANAGED CO- OWNED PROPERTIES (PACASO) Discussion amongst Council and City Attorney in regard to the rules and regulations of this potential Co-Owned property. The representative from PACASO was also present and answered questions from City Council Members. Staff was given recommendations by City Council and advised to bring this item back at a later date. PUBLIC COMMENT: None. 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 Thursday, February 21, 2023, at 10:12 PM. Respectfully submitted, Brenda Pree, MMC, CERA City Clerk APPROVED BY CITY COUNCIL: 03/09/2023