HomeMy WebLinkAbout2023-04-10 City Council Meeting MinutesMonday, April 10, 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
Monday, April 10, 2023, at 5:31 p.m.
PLEDGE OF ALLEGIANCE:
Valentina Dolores, 5-year-old in TK at Vista Del Monte School. She is a social butterfly,
unofficial Palm Springs Princess. She enjoys golf, swim, cooking, dancing and her 3 dogs. She
loves spending time with her family, especially at Disneyland.
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; and Brenda Pree, 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:
85th Birthday Celebration of the City of Palm Springs; City Manager, Scott Stiles, Sam Hollenbeck
CEO for Martha’s Village, Chief Mills, Greg Rodriguez from the County of Riverside all gave
updates on Homelessness in Palm Springs. Rosa Verduzco, Executive Vice President for Martha’s
Village; Jonathan Espy, Co-Chairman of the Board for Martha’s Village; and Sam Hollenbeck CEO
for Martha’s Village, answered questions from Councilmembers regarding the Navigation Center.
ACCEPTANCE OF THE AGENDA:
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0, to accept the agenda with item 1M and 1N being pulled for further
discussion.
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REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of April 10, 2023, was called to order by Mayor
Garner at 3:30 p.m.
The meeting convened into Closed Session to discuss the following items as listed on the Regular
Closed Session Meeting Agenda. City Councilmembers voted 5-0 to join the settlement in the
Opiate Litigation Case which it is in the second phase – The City will be receiving funds once the
settlement is finalized by the other parties – no other reportable action.
EXISITING LITIGATION – Pursuant to Government Code section 54956.9(d)(1):
In re: National Prescription Opiate Litigation, Case No.: U.S.D.C. Case No. 1:17-CV-2804 (U.S.
Dist. Ct., Northern District of Ohio)
Christopher Jaeger, Workers’ Comp. Case Nos. ADJ16353291; ADJ2982858; ADJ16402690;
ADJ16353290
Amanda Enriquez, Workers’ Comp. Case Nos. ADJ14625602; ADJ14625577; ADJ15594006;
ADJ15986443
CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION,
Pursuant to Government Code Section 54956.9(d)(2):
Under existing facts and circumstances, there is one (1), Claim by Southern California
Edison, Dated July 5, 2022 (Kennan Claim No. 609334)
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: Serena Park, approx. 155 acres located at N. Whitewater
Club Dr., Palm Springs
City Negotiators: Scott Stiles, City Manager
Negotiating Parties: PS Country Club, LLC
Under Negotiation: Price and terms of payment
Property: Palm Springs Airport Property
City Negotiator: Scott Stiles, City Manager; Harry Barrett Jr., A.A.E.
Executive Director of Aviation
Negotiating Parties: Air Canada, American, Alaska, Delta, Southwest, United,
WestJet
Under Negotiation: Price and terms of payment
PUBLIC COMMENT:
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Michael Joseph Pitkin
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0 to approve the consent calendar with 1M and 1N pulled for
further discussion.
A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION AND
COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
MOTION BY COUNCILMEMBER DEHARTE, 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
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 MINUTES
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0 to approve the City Council Meeting Minutes of March 23,
2023.
C. APPROVE CONTRACT SERVICE AGREEMENT NO. 23S057 WITH SOUTH
COAST, LLC DBA SOUTH COAST EMERGENCY VEHICLE SERVICE FOR FIRE
APPARATUS AND HEAVY EQUIPMENT MAINTENANCE AND REPAIR
SERVICES
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0 to approve Contract Service Agreement 23S057
(Attachment A) with South Coast Emergency Vehicle Service, to provide fire apparatus
and heavy equipment maintenance and repair services in an amount not to exceed
$705,000, for the initial three-year term beginning April 15, 2023, through April 14, 2026,
with two one-year extension options at the City’s sole discretion; Authorize the City
Manager or designee to execute all necessary documents
D. ACCEPT A STATE HOMELAND SECURITY PROGRAM GRANT AWARD IN
THE AMOUNT OF $210,063 FROM THE CALIFORNIA OFFICE OF
EMERGENCY SERVICES, THROUGH THE COUNTY OF RIVERSIDE
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EMERGENCY MANAGEMENT DEPARTMENT, FOR THE PURCHASE OF
INTEROPERABLE COMMUNICATIONS EQUIPMENT FOR LAW
ENFORCEMENT, AND CERT TRAINING, EQUIPMENT, AND PERSONNEL
COSTS
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0 to approve the acceptance of a Fiscal Year 2022 State
Homeland Security Program Grant Award from the California Office of Emergency
Services (CalOES), through the County of Riverside Emergency Management Department,
in the amount of $210,063. Adopt Resolution No. 25100 entitled, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DESIGNATING AND AUTHORIZING CERTAIN CITY OFFICIALS TO EXECUTE
APPLICATIONS AND DOCUMENTS FOR THE PURPOSES OF OBTAINING
FEDERAL FINANCIAL ASSISTANCE PROVIDED BY THE FEDERAL
DEPARTMENT OF HOMELAND SECURITY AND SUB-GRANTED THROUGH THE
STATE OF CALIFORNIA AND THE COUNTY OF RIVERSIDE.” Authorize the City
Manager to execute all necessary documents.
E. APPROVE CONTRACT SERVICES AGREEMENT NO. 23I051 WITH TELOS
IDENTITY MANAGEMENT SOLUTIONS, LLC TO PROVIDE FEDERALLY
MANDATED SECURITY BACKGROUND CLEARANCES
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0 to approve Contract Services Agreement No. 23I051
(Attachment A) with Telos Identity Management Solutions, LLC to provide federally
mandated security background clearances such as Criminal Records History Checks
(CRHC), federal Record of Arrest and Prosecution (RAP) Back Subscription and
Investigation Records Maintenance Fee not to exceed $9,610 beginning January 1, 2023
through June 30, 2023; and, Appropriate $9,610 from Airport Fund 415 to Airport Account
4157055.40105 budget; and, authorize the City Manager or designee to execute all
necessary documents..
F. APPROVE SERVICE AGREEMENT NO. 23S060 WITH JORDAN FREEMAN DBA
MOTOWORX GARAGE FOR BMW POLICE MOTORCYCLE PARTS AND
REPAIR SERVICES
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0 to approve Contract Service Agreement 23S060
(Attachment A) with Jordan Freeman dba Motoworx Garage to provide BMW Police
Motorcycle parts and repair services in an amount not to exceed $375,000 for the five-year
term beginning April 10, 2023, through April 9, 2028; Authorize the City Manager or
designee to execute all necessary documents.
G. AMEND RESOLUTION NO. 25088, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A
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NONDISCRIMINATION POLICY FOR ANY PROGRAM OR ACTIVITY FUNDED
IN WHOLE OR IN PART WITH HOMEKEY FUNDS PROVIDED BY THE
CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT,” ADDING REFERENCES TO SPECIFIC GOVERNMENT ACTS
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0 to approve Amendment to Resolution No. 25088 on
Amending Resolution No. 25102 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A
NONDISCRIMINATION POLICY FOR ANY PROGRAM OR ACTIVITY FUNDED IN
WHOLE OR IN PART WITH HOMEKEY FUNDS PROVIDED BY THE CALIFORNIA
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT.”
H. RATIFY THE NOMINATION OF THE CITY OF DESERT HOT SPRINGS TO THE
PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0 to approve to Re-Appoint Jan Pye, representing the City of
Desert Hot Springs, to the Palm Springs International Airport Commission effective
immediately to a term expiring January 17, 2025. Accept the resignation of Matthew
Lesniak from the Public Arts Commission effective immediately.
I. A REQUEST BY CHRISTOPHER WHITE OF PS BOTTLE SHOP, LLC FOR A
RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) TO SELL
SPIRITS, WINE, AND BEER (TYPE 21 – OFF-SALE GENERAL) AT A SPECIALTY
FOOD STORE, PS BOTTLE SHOP, LOCATED AT 1555 SOUTH PALM CANYON
DRIVE SUITE F (APN: 513-300-038), ZONE PDD 131/C-1, SECTION 22 (CASE 5.1671
PCN)
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0 to adopt Resolution No. 25101 entitled, “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DETERMINING THAT PUBLIC CONVENIENCE OR NECESSITY WOULD BE
SERVED BY THE ISSUANCE OF A TYPE 21 (OFF-SALE GENERAL) ALCOHOLIC
BEVERAGE CONTROL LICENSE FOR PS BOTTLE SHOP LOCATED AT 1555
SOUTH PALM CANYON DRIVE SUITE F WITHIN CENSUS TRACT NO. 9405.”
J. APPROVE AN AMENDMENT TO AGREEMENT NO. A5359 WITH CYRUN FOR
CAD/RMS SUPPORT AND MAINTENANCE
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0 to approve an amendment to Agreement No. A5359 with
Cyrun (Attachment A) for CAD/RMS support and maintenance for $72,890 and authorize
two one-year options for support and maintenance at the City’s sole discretion. Authorize
the City Manager or designee to execute the amendment and exercise the options.
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K. EXTEND THE SERVICES AGREEMENT WITH NEOGOV FOR ONE YEAR TO
PROVIDE TALENT MANAGEMENT AND PAYROLL SOFTWARE SERVICES
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0 to allow the Service Agreement (Attachment A) with
NEOGOV to auto-renew for one additional year in the amount of $99,490 to provide talent
management and payroll software services.
L. APPROVAL OF A WATER METER EASEMENT TO THE DESERT WATER
AGENCY FOR IRRIGATION OF LANDSCAPING RELATED TO THE CV LINK
BIKE PATH PROJECT WITHIN CITY PROPERTY (ENGINEERING FILE R 22-13-
1600)
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0 to approve a Grant of Easement to Desert Water Agency, a
California Public Agency, for a 10-foot wide by 15-foot-long easement for a water meter
within City property identified by APN 680-180-048; and Authorize the City Manager to
execute all necessary documents associated with the grant of easement.
M. APPROPRIATE FUNDING AND APPROVE EXPENDITURE IN THE AMOUNT
OF $300,000 FOR THE PILLARS OF PALM SPRINGS PUBLIC ART PROJECT
AT SIX LOCATIONS IN THE EAST TAHQUITZ CANYON WAY MEDIANS
BETWEEN SUNRISE WAY AND EL CIELO ROAD
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0 to appropriate Public Art Funds (Fund 150) in the amount
of $300,000 to account 1502550-60030. Approve expenditure of Public Art Funds in the
amount of $300,000 for the Pillars of Palm Springs Public Art Project.
N. A WARD OF A CONSTRUCTION CONTRACT TO SOUTHERN CONTRACTING
COMPANY IN THE AMOUNT OF $4,974,788.05 FOR THE RECREATION FIELDS
LED LIGHTING UPGRADES, CITY PROJECT NO. 19-28
MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0 to award the construction contract to Southern Contracting
Company, a California corporation, in the amount of $4,974,788.05 for the Recreational
Fields Lighting Upgrades, City Project No. 19-28 (the “Project”). Delegate authority to the
City Manager or designee to approve and execute construction contract change orders up
to a total amount of $497,478 (10%) with all change orders reported to the City Council at
project completion. Authorize the City Manager or his designee to execute all necessary
documents.
O. SECOND READING AND ADOPTION OF ORDINANCE NO. 2083 APPROVING
CASE 5.1541 CZ, CHANGE OF ZONE, TO AMEND THE CURRENT SPLIT ZONE
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DESIGNATIONS OF ‘CENTRAL BUSINESS DISTRICT’ (CBD) AND ‘LIMITED
MULTIPLE-FAMILY RESIDENTIAL’ (R-2) TO ‘RETAIL BUSINESS’ (C-1)
ENTIRELY FOR A PROPOSED MIXED-USE PROJECT WHICH INCLUDES 24
RESIDENTIAL CONDOMINIUM UNITS AND A 5.411-SQUARE-FOOT
COMMERCIAL SPACE ON 2.4-ACRE UNDEVELOPED PARCELS LOCATED AT
575 NORTH PALM CANYON DRIVE, ZONE CBD/R-2, SECTION 10
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0 to waive a second reading (adoption) of the ordinance
entitled, and read by title only; Ordinance No. 2083 entitled, “AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
CASE 5.1541 CZ, CHANGE OF ZONE, TO AMEND THE CURRENT SPLIT ZONE
DESIGNATIONS OF ‘CENTRAL BUSINESS DISTRICT’ (CBD) AND ‘LIMITED
MULTIPLE-FAMILY RESIDENTIAL’ (R-2) TO ‘RETAIL BUSINESS’ (C-1)
ENTIRELY FOR A PROPOSED MIXED-USE PROJECT WHICH INCLUDES 24
RESIDENTIAL CONDOMINIUM UNITS AND A 5.411-SQUARE-FOOT
COMMERCIAL SPACE ON 2.4-ACRE UNDEVELOPED PARCELS LOCATED AT
575 NORTH PALM CANYON DRIVE, ZONE CBD/R-2, SECTION 10.
2. PUBLIC HEARINGS: NONE
3. BUSINESS & LEGISLATIVE:
A. FISCAL YEAR 2021-22 FINANCIAL AUDIT REPORTS OF THE CITY OF PALM
SPRINGS
Receive and file the following Financial Audit Reports for fiscal year June 30, 2022:
• Annual Comprehensive Financial Report (ACFR) Audit Communication Letter to the City
Council Single Audit Report
• Passenger Facility Charge (PFC) Report
• Housing Successor Audit Communication Letter to the City Council Public Financing
Authority Financial Statements
• Measure J Fund Report Annual Financial Report
• Measure D Independent Accountant’s Agreed Upon Procedures
• Measure A Independent Accountant’s Agreed Upon Procedures (Conrad CPA Firm)
B. APPROVE RECOMMENDED LOGO FOR PALM SPRINGS INTERNATIONAL
AIRPORT
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM
BERNSTEIN, PASSED 5-0, to approve review and approve the proposed logo for the Palm
Springs International Airport.
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PUBLIC COMMENT:
Michael Joseph Pitkin
Dorian Whitney (registered for zoom was not present)
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 Monday, April 10, 2023, at 7:31 PM.
Respectfully submitted,
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: 04/27/2023