HomeMy WebLinkAbout2023-03-23 City Council Meeting MinutesThursday, March 23, 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, March 23, 2023, at 5:30 p.m.
PLEDGE OF ALLEGIANCE:
Samantha Alverdin, a 5-year-old in TK at Cahuilla Elementary School.
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: Scott Stiles, City Manager, Jeremy Hammond, Deputy City Manager; Flinn Fagg,
Deputy City Manager, Jeff Ballinger, City Attorney; Brenda Pree, City Clerk; and
Lieutenant Hutchinson, were present at Roll Call. Other staff members presented
reports or responded to questions as indicated in the minutes.
PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES:
Update on Infrastructure Bridges for Indian Canyon
ACCEPTANCE OF THE AGENDA:
By consensus, the City Council agreed to accept the agenda with item 1K and 1U being pulled for
further discussion.
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of March 23, 2023, was called to order by Mayor
Garner at 4:00 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.
EXISITING LITIGATION – Pursuant to Government Code section 54956.9(d)(1):
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Committee to Relocate Marilyn v. City of Palm Springs, PS Resorts, Riv. Sup. Ct., Case No.
CVRI2101435 (4th Appellate District Division 2, Case No. E077773 & E076921; Transferred to
4th Appellate District Division 1, Case No. D080907)
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
City Negotiators: Scott Stiles, City Manager
Jeremy Hammond, Deputy City Manager
Stephanie George, HR Director
Peter Brown, Legal Counsel
Employee Organization: Palm Springs Police Officers Association (PSPOA)
Palm Springs Police Management Association (PSPMA)
Public Employees Association of Palm Springs (PEAPS)
Management Association of Palm Springs (MAPS)
Palm Springs Firefighters Association (PSFA)
Palm Springs Fire Management (PSFMA)
PUBLIC COMMENT:
Robert McCann
Don Barrett
Bruce Juenger
Joan Taylor
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0 to approve the consent calendar with 1K and 1U pulled 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 MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0 By motion, find that: The City Council has reconsidered the
circumstances of the state of emergency. Even though the State and local declared states
of emergency have ended, community spread of COVID-19 continues to exist, and
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measures to reduce the spread, including physical distancing measures, continue to be
necessary for the public, health, safety and welfare; and State and local officials continue
to recommend social distancing measures, which can impact the ability of the City and the
public to meet safely in person; and The City Council, and its subordinate bodies (Boards,
Commissions, and Committees), shall be authorized to conduct public meetings in
accordance with Government Code section 54953(e)(2) and other applicable provisions of
the Brown Act for remote only or hybrid teleconference meetings.
B. APPROVAL OF PAYROLL AND WARRANTS RESOLUTION:
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 4-0-1 (deHarte RECUSED) to approve Resolution No. 25097
entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/
DISBURSEMENTS FOR THE PERIOD ENDING 02-04-23 AND 02-18-23 TOTALING
$4,039,924.79 AND ACCOUNTS PAYABLE WARRANTS DATED 02-02-23 AND 02-
16-23 TOTALING $7,028,544.68, IN THE AGGREGATE AMOUNT OF
$11,068,469.47, DRAWN ON BANK OF AMERICA.”
C. APPROVAL OF MINUTES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0 to approve the City Council Meeting Minutes of March 9,
2023.
D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE
PERIOD OF FEBRUARY 1 THROUGH FEBRUARY 28, 2023
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0 to receive and file the report of Staff Authorized
Agreements (Attachment A) and Purchase Orders (Attachment B) for the period of
February 1 through February 28, 2023
E. 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 HOLSTEGE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0 to waive the full reading of text in its entirety, read by title
only, and conduct second reading/adoption of 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.
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F. ADOPTION OF THE 2023 AUTOMATIC AID AGREEMENT AND OPERATING
PLAN BETWEEN THE PALM SPRINGS FIRE DEPARTMENT AND RIVERSIDE
COUNTY FIRE DEPARTMENT
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0 to approve the 2023 Automatic Aid Agreement and
Operating Plan between the Palm Springs Fire Department and the Riverside County Fire
Department. Authorize the City Manager to execute the agreement.
G. APPROVE SERVICE AGREEMENT NO. 23B043 WITH WGJ ENTERPRISES,
INC., DBA PCI FOR AIRFIELD RUBBER AND PAINT REMOVAL AND PAINT
APPLICATION SERVICES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0 to approve Contract Services Agreement 23B043
(Attachment A) with WGJ Enterprises, Inc. dba PCI to provide airfield rubber and paint
removal and paint application services in an amount not to exceed $660,000, for the initial
three-year term beginning April 1, 2023, through March 31, 2026, with two one-year
extension options at the City’s sole discretion; and appropriate $660,000 from Airport Fund
415 to the account 4157030.40105 budget; and authorize the City Manager or designee to
execute all necessary documents.
H. APPROVE AMENDMENT NO. 1 TO COOPERATIVE PURCHASE AGREEMENT
NO. A9276 WITH AIRWAVE COMMUNICATIONS ENTERPRISES INC. FOR
RADIO EQUIPMENT REPAIR, INSTALLATION, AND MAINTENANCE SERVICES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0 to approve Amendment No. 1 to Cooperative Purchase
Agreement A9276 (Attachment A) with Airwave Communications Enterprises Inc. to
provide the old repeater and new repeater maintenance services and any radio repair and
installation services for all City Departments in an amount not to exceed $300,000, and
authorize the City Manager or designee to execute all necessary documents.
I. APPROVE COOPERATIVE PURCHASE AGREEMENT NO. 23C029 WITH
BRIGHTLY SOFTWARE, INC. FOR FACILITIY MANAGEMENT SOFTWARE IN
AN AMOUNT NOT TO EXCEED $31,268.65
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0 to approve Cooperative Purchase Agreement 23C029
(Attachment A) with Brightly Software, Inc., in an amount not to exceed $31,268.65
beginning April 1, 2023, continuing through March 31, 2026. Authorize the City Manager
or designee to execute all necessary documents.
J. AWARD A SERVICE AGREEMENT WITH INTERVISTAS CONSULTING USA,
LLC FOR FEDERAL INSPECTION SERVICES (FIS) FACILITY STUDY
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MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0 to award a one-year service agreement with InterVISTAS
Consulting USA LLC for a two-phased study for a Federal Inspection Services (FIS)
Facility Study for an estimated amount not to exceed $385,000 (Attachment A);
Appropriate $315,000 from Airport Fund 416 to the account 4167065-80000 budget; and
Authorize the City Manager or designee to execute the agreement.
K. APPROVE AGREEMENT NO. 23B046 WITH DESERT FIRE EXTINGUISHER CO.,
INC. FOR FIRE SUPPRESSION AND FIRE EXTINGUISHER MAINTENANCE,
TESTING, AND INSPECTION SERVICES
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
DEHARTE, CARRIED 4-0-1 (Holstege RECUSED) to approve Contract Services
Agreement 23B046 (Attachment A) with Desert Fire Extinguisher Co., Inc., to provide fire
suppression system and fire extinguisher maintenance, testing, and inspection services for
an amount not to exceed $300,000, beginning April 1, 2023, through March 31, 2026, with
two one-year extension options at the City’s sole discretion; Authorize the City Manager
or designee to execute all necessary documents.
L. APPROVAL OF A FOUR-YEAR COMMUNITY WORKFORCE ADMINISTRATION
SERVICES AGREEMENT WITH TSG ENTERPRISES, INC. DBA THE SOLIS
GROUP, IN AN AMOUNT NOT TO EXCEED $200,000
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0 to approve a four-year service agreement with TSG
Enterprises, Inc. dba The Solis Group, for the administration of the City’s Community
Workforce Agreement for an estimated amount not to exceed $200,000. Authorize the City
Manager or designee to execute the agreement.
M. AWARD OF A CONSTRUCTION CONTRACT TO SELECT ELECTRIC, INC., IN
THE AMOUNT OF $3,485,843 AND APPROVAL OF A PROFESSIONAL SERVICES
AGREEMENT WITH KOA CORPORATION FOR CONSTRUCTION
MANAGEMENT, INSPECTION, AND MATERIALS TESTING SERVICES FOR THE
HIGHWAY SAFETY IMPROVEMENT PROGRAM (CYCLE 8), FEDERAL AID
PROJECT NO. HSIPLN-5282(047), CITY PROJECT NO. 16-18
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0 to award a construction contract to Select Electric, Inc., a
California corporation, in the amount of $3,485,843 for the Highway Safety Improvement
Program (Cycle 8), Federal Aid Project No. HSIPLN-5282(047), City Project No. 16-18
(“the Project); Delegate authority to the City Manager or designee to approve and execute
construction contract change orders up to a total amount of $348,584 (10%) with all change
orders reported to the City Council at project completion; Approve a Professional Services
Agreement with KOA Corporation, a California corporation, in the amount of $442,259.55
for construction management, inspection and materials testing services for Highway Safety
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Improvement Project (Cycle 8), HSIPLN-5282(047), City Project No. 16-18; and,
Authorize the City Manager or designee to execute all necessary documents.
N. A PPROVE EXPENDITURE OF PUBLIC ARTS FUNDS IN THE AMOUNT OF
$1,000 FOR OUTREACH AND EDUCATION SUPPLIES AND MATERIALS.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0 to approve $1,000 of Public Arts Funds to purchase
materials and supplies related to public arts community outreach and education.
O. APPROVE PUBLIC ART COMMUNITY GRANT IN THE AMOUNT OF $5,000 FOR
THE RED DRAGON ART PIECE IN THE OLD LAS PALMAS NEIGHBORHOOD
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0 to approve Public Art Community Grant to the Old Las
Palmas Neighborhood Organization in the amount of $5,000 for the Red Dragon artwork
by artist Delos Van Earl on the West Chino Drive median, west of Belardo Road and east
of North Cahuilla Road.
P. ACCEPTANCE OF PAVILION ACOUSTIC UPGRADES, CITY PROJECT 20-27
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0 to accept the public works improvement, identified as the
subject project, as completed in accordance with the plans and specifications; and,
Authorize the City Engineer to execute and file for recordation with the Riverside County
Recorder a Notice of Completion for the subject project.
Q. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID THE SKYLIGHT RAILING PROJECT, CITY
PROJECT NO. 18-20
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0 to approve the plans, specifications, and estimate; and
authorize Staff to advertise and solicit bids for the Skylight Railing Project, City Project
No. 18-20 (“Project”).
R. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE AND
AUTHORIZATION TO BID WASTEWATER TREATMENT PLANT (WWTP)
SLUDGE DRYING BEDS, CITY PROJECT 21-05
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0 to accept the plans, specifications and estimate and authorize
Staff to advertise and solicit bids for the WWTP Sludge Drying Beds, City Project 21-05
(“the Project”).
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S. ACCEPTANCE OF THE TRAFFIC CALMING PROJECT FY21-22, CITY
PROJECT 22-23
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0 to accept the public works improvement identified as Traffic
Calming Project FY21-22, City Project No. 22-23, as completed in accordance with the
plans and specifications; and, authorize the City Engineer to execute and file for
recordation with the Riverside County Recorder a Notice of Completion for the Traffic
Calming Project FY21-22, City Project No. 22-23.
T. APPROVE EXPENDITURE OF PUBLIC ARTS FUNDS IN THE AMOUNT OF
$6,500 TO PAINT BENCHES AND TABLES AS PART OF THE WORLD ART
NIGHT EVENT AT DEMUTH PARK; APPROVE ARTIST AGREEMENTS WITH
FOUR ARTISTS; AND APPROVE AMENDMENT TO AGREEMENT WITH
TYSEN KNIGHT PRODUCTIONS FOR PUBLIC ART REPAIR AND
MAINTENANCE SERVICES.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0 to approve Artist Agreement with Manny Doublin in the
amount of $1,500. Approve Artist Agreement with Diane Morgan in the amount of $1,500.
Approve Artist Agreement with Jamie O'Neil in the amount of. $1,000. Approve Artist
Agreement with Isidro Zepeda in the amount of $1,000. Approve Amendment No. 4 to the
Agreement with Tysen Knight Productions for Public Arts projects repairs and
maintenance services in the amount of $1,500 for a total amount of $21,500.
U. RESOLUTION DECLARING SUPPORT FOR THE PROPOSED CHUCKWALLA
NATIONAL MONUMENT DESIGNATION AND EXPANSION OF JOSHUA TREE
NATIONAL PARK
MOTION BY MAYOR GARNER, SECOND BY COUNCILMEMBER DEHARTE,
CARRIED 5-0 to approve a Resolution No. 25098 entitled “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING
ITS SUPPORT FOR DESIGNATION OF THE PROPOSED CHUCKWALLA
NATIONAL MONUMENT AND EXPANSION OF JOSHUA TREE NATIONAL
PARK.” Will add in name of Congressman Ken Calvert.
V. RATIFY THE NOMINATION OF THE CITY OF RANCHO MIRAGE TO THE
PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0 to appoint Keith Young, representing the City of Rancho
Mirage, to the Palm Springs International Airport Commission effective immediately, for
the remainder of the term, expiring July 1, 2024. Thomas Weil resigned from this term on
December 23, 2022. Keith Young is finishing out the remainder of the term.
2. PUBLIC HEARINGS:
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A. A REQUEST BY SELENE PALM SPRINGS, LLC, FOR AN AMENDMENT TO THE
PREVIOUSLY APPROVED FINAL DEVELOPMENT PLANS AND TENTATIVE
TRACT MAP FOR THE DREAM HOTEL TO INCLUDE THE ADDITION OF 24
CONDOMINIUM UNITS TO THE SOUTHEAST SECTION OF THE SITE;
RECONFIGURATION OF THE 12 CONDOMINIUM UNITS AT THE
NORTHWEST AREA OF THE SITE; AND AN INCREASE IN THE NUMBER OF
TOWER CONDOMINIUM UNITS FROM 28 TO 29 UNITS AND MODIFICATIONS
TO THE FINAL LANDSCAPE PLANS FOR THE DEVELOPMENT LOCATED AT
THE NORTHWEST CORNER OF AVENIDA CABALLEROS AND AMADO ROAD,
ZONE PDD 333, SECTION 14. (CASE 5.1132-PD 333/TTM 35236)
THIS ITEM IS REQUESTED TO BE CONTINUED TO A DATE UNCERTAIN. –
there will be a new Public Hearing Notice sent out with that date and information.
B. AN APPLICATION BY DAVID HOWARD AND AN LY FOR HISTORIC
DESIGNATION OF “THE HUTCHENS RESIDENCE” LOCATED AT 1177 EAST
MESQUITE AVENUE, (APN #508-380-022), CASE HSPB #144
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
BERNSTEIN, PASSED 4-0-1 (Middleton RECUSED), to adopt Resolution No. 25099,
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, DESIGNATING “THE HUTCHENS RESIDENCE” LOCATED 1177
EAST MESQUITE AVENUE, AS A CLASS 2 (HISTORIC MERIT) HISTORIC
RESOURCE HSPB #144, SUBJECT TO CONDITIONS (APN 508-380-022).”
C. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2023–2024 ANNUAL
ACTION PLAN AND BUDGET PUBLIC HEARING
MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER
MIDDLETON PASSED 5-0, to review the draft 2023-2024 CDBG Budget and Annual
Action Plan and provide direction to staff. Schedule a Public Hearing for April 27, 2023,
to approve and adopt the 2023-2024 CDBG Budget and Annual Action Plan.
3. BUSINESS & LEGISLATIVE:
A. REQUEST TO APPROVE THE ENVIRONMENTALLY PREFERABLE
PURCHASING POLICY
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR GARNER,
PASSED 5-0, to approve the Environmentally Preferable Purchasing Policy (EPPP) and
incorporate them as an attachment to the City’s Procurement and Contracting Policy (Title
7 of the City’s Municipal Code). Councilmember Holstege requested to add in more
language to the policy, adding pollinator plants to the landscaping section and local
preference reporting to the program evaluation.
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PUBLIC COMMENT:
Eric Scott Romney
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT
City Manager Stiles and the City Council discussed the tentative upcoming meeting schedule and
agenda items.
ADJOURNMENT:
The City Council adjourned on Thursday, March 9, 2023, at 7:15 PM.
Respectfully submitted,
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: 04/10/2023