HomeMy WebLinkAbout2023-01-26 City Council Meeting MinutesThursday, January 26, 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, January 26, 2023, at 5:34 p.m.
PLEDGE OF ALLEGIANCE:
Zoe Gray Freshman at Palm Springs High School she is a member of the Palm Springs High
Sprit of the Sands Band and Visual Choir and a member of Girl Scouts of San Gorgonio Troop
2517.
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, Jeffrey Ballinger, 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:
None.
ACCEPTANCE OF THE AGENDA:
By consensus, the City Council agreed to accept the agenda with Consent Item No’s 1M removed
for separate discussion.
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of January 26, 2023 was called to order by Mayor
Garner at 3:39 p.m., with four members present and Councilmember Middleton to join shortly
after it started.
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City of Palm Springs Page 2
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):
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.
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 are three (3) 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: 3589 McCarthy Rd. Palm Springs, CA. 92596 (APN: 669-
420-019)
Palm Springs, CA
City Negotiator: Teresa Gallavan, Interim City Manager
Negotiating Parties: County of Riverside Housing and Workforce Solutions
Under Negotiation: Price and Terms for Real Property Covenants
CONFERENCE WITH REAL LABOR NEGOTIATOR, Pursuant to Government Code Section
54957.6
City Negotiators: Teresa Gallavan, Interim 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 Firefighter Association (PSFA)
Palm Springs Fire Management (PSFMA)
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PUBLIC COMMENT:
Michael Joseph Pitkin
Jeff Hocker
Jessica Spry
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0 to approve the consent calendar with abstention on 1B for
Bernstein, and pull for separate discussion 1M.
A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION AND
COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER
HOLSTEGE, 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 DEHARTE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-0-1 (Bernstein, Jeffrey) to approve the City Council Meeting
Minutes of December 12, December 15, 2022, and January 7, January 12, and January 13,
2023.
C. APPROVAL OF PAYROLL WARRANTS, CLAIMS, AND DEMANDS
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0 to adopt Resolution No. 25083 entitled, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE
PERIOD ENDING 12-10-22 AND 12-24-22 TOTALING $4,400,085.74 AND
ACCOUNTS PAYABLE WARRANTS DATED 12-08-22 AND 12-22-22 TOTALING
$6,801,888.83, IN THE AGGREGATE AMOUNT OF $11,201,974.57, DRAWN ON
BANK OF AMERICA"
D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE
PERIOD OF DECEMBER 1 THROUGH DECEMBER 31, 2022
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0 to receive and file the report of Staff Authorized
Agreements and purchase orders.
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E. APPROVE ROSTER OF CITY COUNCIL SUBCOMMITTEES AND
REPRESENTATIVES TO EXTERNAL ORGANIZATIONS
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0 to approve roster of the City Council Subcommittees with
changes addressed at the Dias and approve City Clerk to prepare and execute FPPC Form
806 for Public Official Appointments.
F. APPROVAL OF SISTER CITY PROGRAM AGREEMENT
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0 to approve the Sister Cities International Partnership
Agreement between the cities of Palm Springs, CA, U.S., and San Miguel de Allende,
Guanajuato, Mexico
G. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9068 WITH M. BREY
ELECTRIC, INC. FOR ELECTRICAL MAINTENANCE AND INSTALLATION
SERVICES AND APPROPRIATE $50,000 FROM THE GENERAL FUND
BALANCE
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0 to approve Amendment No. 1 to Agreement No. A9068
with M. Brey Electric, Inc., to provide electrical maintenance and installation services in
an additional amount of $150,000 for a total revised contract amount not to exceed
$750,000 through April 10, 2025.And Appropriate $50,000 from General Fund Balance to
the Facilities Maintenance Fund for this purchase and authorize the Interim City Manager
or designee to execute all necessary documents.
H. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9071 WITH KINCAID
INDUSTRIES, INC. FOR PLUMBING MAINTENANCE AND INSTALLATION
SERVICES AND APPROPRIATE $100,000 FROM GENERAL FUND BALANCE
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0 to approve Amendment No. 1 to Agreement No. A9071
with Kincaid Industries, Inc., to provide plumbing maintenance and installation services in
an additional amount of $300,000 for a total revised contract amount not to exceed
$600,000 through April 10, 2025. Appropriate $100,000 from General Fund Balance to the
Facilities Maintenance Fund for this purchase and authorize the Interim City Manager or
designee to execute all necessary documents.
I. APPROVAL OF CONTRACT SERVICES AGREEMENT NO. A9338 WITH DATA
TICKET, INC. TO PROVIDE PARKING CITATION MANAGEMENT SERVICES
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0 to; approve contract services agreement No. A9338 with
Data Ticket, Inc. to provide parking citation processing and management services in an
City Council Minutes January 26, 2023
City of Palm Springs Page 5
estimated amount of $20,861.80 annually for a period of five years. Authorize the Interim
City Manager to execute all necessary documents.
J. AWARD CONTRACT SERVICES AGREEMENT NO. A9391 WITH MEAD &
HUNT, INC. FOR PROFESSIONAL CONSULTING SERVICES FOR THE PALM
SPRINGS INTERNATIONAL AIRPORT COMPREHENSIVE AIRPORT MASTER
PLAN
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0 to; approve contract services agreement No. 9391 with
Mead & Hunt, Inc. to provide a comprehensive Airport Master Plan in 30 months in an
amount not to exceed $2,275,816. Appropriate funds in the amount of $2,275,816 from
Airport Capital Project Fund Balance in Fiscal Year 2023. Authorize the Interim City
Manager or designee to execute all necessary document.
K. APPROVE CONTRACT SERVICES AGREEMENT NO. 23B002 WITH WASTE
EQUIPMENT SALES & SERVICE, INC., DBA WESSCO, FOR TWO TRASH
COMPACTORS FOR PALM SPRINGS INTERNATIONAL AIRPORT
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0 to approve contract services agreement 23B002 with Waste
Equipment Sales & Service, Inc. dba Wessco to provide two new roll-off trash compactors
at the Palm Springs International Airport in an amount not to exceed $123,451.41.
Appropriate $23,451.41 from Airport Fund 416 Special Capital Project Fund Balance.
Authorize the Interim City Manager or designee to execute all necessary documents.
L. AUTHORIZE WAIVER OF CITY FEES TO HOCKER PRODUCTIONS FOR THE
2023 PALM SPRINGS HEALTH RUN & WELLNESS FESTIVAL AT RUTH HARDY
PARK
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0 to authorize a waiver of City fees to Hocker Productions in
the amount of $5,705 for support of the 2023 Palm Springs Health Run & Wellness
Festival. Authorize the Interim City Manager to execute all necessary documents.
M. APPROVE APPROPRIATION OF $405,000 FROM GENERAL FUND BALANCE
TO CODE COMPLIANCE DEPARTMENT FOR ABATEMENT SERVICES
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0 to approve appropriation of $405,000 from General Fund
Balance to the Code Compliance Department for abatement services with stipulation that
all unused funds are returned to the General Fund.
N. APPROVE AGREEMENT NO. 23B003 WITH MOORE FENCE COMPANY, INC.
FOR ON- CALL FENCE REPAIR AND INSTALLATION SERVICES
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MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0 to; approve contract services agreement No. 23B003 with
Moore Fence Company, Inc. to provide on-call fence repair and installation services for an
amount not to exceed $300,000 beginning February 1, 2023, through January 31, 2026,
with two one-year extension options at the City’s sole discretion. Authorize the Interim
City Manager or designee to execute all necessary documents.
2. PUBLIC HEARINGS:
A. APPEAL BY 12 @ LAS PALMAS, LLC OF THE DECISION OF THE PLANNING
COMMISSION TO CONDITIONALLY APPROVE A CONDITIONAL USE
PERMIT, MAJOR DEVELOPMENT PERMIT AND TENTATIVE TRACT MAP TO
CONSTRUCT A 12-UNIT MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENT
CONSISTING OF FOR-SALE CONDOMINIUMS ON A 0.95-ACRE SITE
LOCATED AT 1424 CAMINO NORTE (CASE NOS. 3.4289 MAJ/DP, 5.1554 CUP &
TTM 38416)
Public Speakers for Public Hearing - Dennis Cunningham, Appellant, Ernest Vincent,
Appellant, and Garth Gilpin
MOTION BY COUNCIL MEMBER MIDDLETON, SECOND BY COUNCILMEMBER
DEHARTE, FAILED 2-3 to uphold the Planning Commissions original decision.
3. BUSINESS & LEGISLATIVE:
A. APPROVAL OF CITY MANAGER EMPLOYMENT AGREEMENT WITH SCOTT
STILES, ICMA-CM, AND VERBAL REPORT REGARDING COMPENSATION
TERMS.
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0 to approve Employment Agreement Appointing Scott Stiles
as City Manager, effective March 6, 2023, and Setting Compensation and Other Terms of
Employment.
B. A REQUEST BY THE CITY OF PALM SPRINGS FOR ADOPTION OF AN
URGENCY ORDINANCE TO IMPLEMENT SENATE BILL 897 REQUIREMENTS
FOR ACCESSORY DWELLING UNITS, CASE 5.1569 ZTA (4/5ths VOTE
REQUIRED)
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0 to adopt an urgency Ordinance No. 2080 entitled, "AN
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING SECTION 93.23.14 OF THE CITY OF PALM
SPRINGS MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS
AND JUNIOR ACCESSORY DWELLING UNITS, AND DETERMINING THE
ORDINANCE TO BE EXEMPT FROM CEQA.”
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City of Palm Springs Page 7
C. INTRODUCTION OF AN ORDINANCE, ENTITLED “AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
CHAPTER 16.04 OF THE PALM SPRINGS MUNICIPAL CODE ENTITLED
“GENERAL RULES AND REGULATIONS” AND SECTION 11.08.080, RELATING
TO TRESPASS ON RESIDENTIAL AND PUBLIC
MOTION BY COUNCILMEMBER DEHARTE SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0 to introduce on first reading an Ordinance No. 2081 entitled,
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING CHAPTER 16.04 OF THE PALM SPRINGS MUNICIPAL
CODE ENTITLED “GENERAL RULES AND REGULATIONS” AND SECTION
11.08.080, RELATING TO TRESPASS ON RESIDENTIAL AND PUBLIC PROPERTY
D. DISCUSSION ON DISPOSITION OF DESERT HIGHLAND GATEWAY ESTATES
SINGLE- FAMILY RESIDENTIAL LOTS
Provided staff direction on issuance of a Request for Proposals to dispose of three single-
family lots in the Desert Highlands Gateway Estates Community.
E. PROPOSED UPDATE OF PALM SPRINGS MUNICIPAL CODE CHAPTER 5.77
PERTAINING TO ADULT-ORIENTED BUSINESSES AND AN UPDATE TO
CHAPTER 11.10 PERTAINING TO PUBLIC NUDITY
MOTION BY COUNCILMEMBER DEHARTE SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0 to introduce on first reading an Ordinance No. 2082 entitled,
" AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMS SPRINGS,
CALIFORNIA, AMENDING CHAPTER 5.77 OF THE PALM SPRINGS MUNICIPAL
CODE RELATING TO ADULT- ORIENTED BUSINESS REGULATIONS.”
PUBLIC COMMENT:
Michael Joseph Pitkin, resident
Amado C. Salinas II, American Legion
Deborah McGarrey, Resident
Steven Strickberger, Resident
Lonnie Landers, Resident
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, January 26, 2023, at 9:28 PM.
City Council Minutes January 26, 2023
City of Palm Springs Page 8
Respectfully submitted,
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: 02/09/2023