HomeMy WebLinkAbout2023-05-11 City Council Meeting Minutes
Thursday, May 11, 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, May 11, 2023, at 5:30 p.m.
PLEDGE OF ALLEGIANCE:
Colby-Belle Segrist, elementary school student, led the Pledge of Allegiance.
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; Teresa Gallavan, Assistant City Manager; Jeremy
Hammond, Deputy City Manager; Flinn Fagg, Deputy City Manager; Jeff Ballinger,
City Attorney; Frank Browning, Police Lieutenant; 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: None.
ACCEPTANCE OF THE AGENDA:
Mayor Garner identified the following correction to the agenda and staff report for Item No. 1M:
• The correct budget for Item No. 1M totals $43,500.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
DEHARTE, CARRIED 5-0, to remove Consent Calendar Item Nos. 1D, 1J, 1K, and 1N for
separate discussion.
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of May 11, 2023, was called to order by Mayor
Garner at 3:02 p.m.
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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 – EXISTING LITIGATION, Pursuant to
Government Code Section 54956.9(d)(1):
Under existing facts and circumstances, there is one (1) matter.
CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION,
Pursuant to Government Code Section 54956.9(d)(2):
Under existing facts and circumstances, there are four (4) matters.
CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION, Pursuant to
Government Code Section 54956.9(d)(4):
Under existing facts and circumstances, there is one (1) matter.
CONFERENCE WITH LABOR NEGOTIATORS, Pursuant to Government Code Section
54957.6:
City Negotiators:
Employee organization:
Scott Stiles, City Manager
Jeremy Hammond, Deputy City Manager
Stephanie George, Human Resources Director
Peter Brown, Legal Counsel
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)
Unrepresented Employees
PUBLIC TESTIMONY:
Alan Potash, Jennifer Gipson, Michael Joseph Pitkin, and Zachary Daniel Stone provided
oral testimony.
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0, to approve the consent calendar with 1D, 1J, 1K, and 1N pulled
for further discussion.
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City of Palm Springs Page 3
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: 1) 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 2) 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 3) 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 HOLSTEGE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0, to approve the City Council Meeting Minutes of
April 27, 2023.
C. APPROVAL OF WARRANTS, CLAIMS AND DEMANDS
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0, to adopt Resolution No. 25107, entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS /
DISBURSEMENTS FOR THE PERIOD ENDING 04-01-23 AND 04-15-23 TOTALING
$4,321,361.73 AND ACCOUNTS PAYABLE WARRANTS DATED 03-30-23 AND 04-
13-23 TOTALING $7,534,567.47, IN THE AGGREGATE AMOUNT OF
$11,855,929.20, DRAWN ON BANK OF AMERICA."
D. APPROVE CONTRACT SERVICES AGREEMENT NO. 23P064 WITH
GOVERNMENT REVENUE SOLUTIONS HOLDINGS I, LLC, DBA AVENU
INSIGHTS & ANALYTICS, LLC, FOR TRANSIENT OCCUPANCY TAX AUDIT
SERVICES
This item was removed from the Consent Calendar for separate discussion and considered
under Excluded Consent Calendar.
E. AWARD OF A CONSTRUCTION CONTRACT TO CALTEC CORPORATION IN
THE AMOUNT OF $1,805,000 FOR THE AIRPORT COMMON USE PODIUMS -
BONO CONCOURSE, CITY PROJECT 21-28
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City of Palm Springs Page 4
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0, to:
1. Approve the construction contract with CALTEC Corporation, a California
corporation, in the amount of $1,805,000 for the Airport Common Use Podiums - Bono
Concourse, City Project No. 21-28.
2. Authorize the City Manager or his designee to execute all necessary documents.
3. Appropriate $1,411,654 from Airport Special Capital Projects fund balance.
F. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9069 WITH ALLISON
MECHANICAL, INC. FOR HVAC MAINTENANCE AND INSTALLATION
SERVICES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0, to:
1. Approve Amendment No. 1 to Agreement No. A9069 with Allison Mechanical, Inc.,
to provide HVAC Maintenance and Installation Services in an additional amount of
$300,000 for a total revised contract amount not to exceed $900,000 through April 10,
2025.
2. Authorize the City Manager or designee to execute all necessary documents.
G. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9136 WITH PUB
CONSTRUCTION, INC., FOR BUILDING REPAIR AND RENOVATION
SERVICES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0, to:
1. Approve Amendment No. 1 to Agreement No. A9136 (Attachment A) with PUB
Construction, Inc., to provide building repair and renovation services in an additional
amount of $450,000 for a total revised contract amount not to exceed $750,000 through
June 19, 2025.
2. Authorize the City Manager or designee to execute all necessary documents.
H. APPROPRIATE FUNDING AND APPROVE EXPENDITURE IN THE AMOUNT
OF $126,500 FOR PURCHASE OF THE ARTWORK “CRAWLER” BY ARTIST
RYAN CAMPBELL FOR PLACEMENT AT THE SOUTHEAST CORNER OF
MUSEUM WAY AT MUSEUM DRIVE (BLOCK H2)
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0, to:
1. Appropriate Public Art Funds (Fund 150) in the amount of $126,500 to account
#1502550-60030.
2. Approve the expenditure of Public Art Funds in the amount of $126,500 for the
“Crawler” Public Art Project.
3. Approve placement of the artwork “Crawler” at the southeast corner of Museum Way
at Museum Drive.
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City of Palm Springs Page 5
4. Approve Agreement for Purchase and Sale of Public Artwork with artist Ryan
Campbell for the artwork “Crawler.”
5. Authorize the City Manager to execute all necessary documents to facilitate the
purchase and installation costs of the artwork “Crawler.”
I. APPROVAL OF THE FISCAL YEAR 2023/2024 CSA 152 SPECIAL ASSESSMENT
RATE
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0, to adopt Resolution No. 25108 entitled, “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CALIFORNIA,
MAKING FINDINGS AND REAFFIRMING THE ESTABLISHMENT AND SETTING
OF RATES FOR COUNTY SERVICE AREA 152 FOR FISCAL YEAR 2023/2024 TO
FUND THE CITY’S NATIONAL POLLUTION DISCHARGE ELIMINATION
SYSTEM (NPDES) PERMIT IN ORDER TO OPERATE AND MAINTAIN THE CITY’S
DRAINAGE AND FLOOD CONTROL SYSTEMS.”
J. APPROVE MEMORANDUM OF UNDERSTANDING WITH THE COACHELLA
VALLEY ASSOCIATION OF GOVERNMENTS TO PROVIDE CASE
MANAGEMENT AND OUTREACH SERVICES TO HOMELESS INDIVIDUALS
IN THE COACHELLA VALLEY FOR A TERM OF THREE YEARS AT $100,000
PER YEAR, TOTALING $300,000
This item was removed from the Consent Calendar for separate discussion and considered
under Excluded Consent Calendar.
K. ACCEPT THE HOUSING ELEMENT ANNUAL PROGRESS REPORT (APR)
FOR THE 2022 CALENDAR YEAR FOR FILING WITH THE CALIFORNIA
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
This item was removed from the Consent Calendar for separate discussion and considered
under Excluded Consent Calendar.
L. APPROVAL OF A PURCHASE ORDER TO KIMLEY-HORN AND ASSOCIATES
FOR ON-CALL TRAFFIC ENGINEERING SERVICES FOR CITYWIDE
TRAFFIC SIGNAL SYSTEM UPGRADES FOR CITY PROJECT 21-10
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0, to:
1. Approve a purchase order in an amount not to exceed $135,250 with Kimley-Horn,
pursuant to the City’s “on-call” agreement (A8342), for traffic engineering services for
the subject project.
2. Delegate authority to the City Manager or designee to approve contract amendments
up to a total amount of $27,050 (20%).
3. Authorize the City Manager to execute all necessary documents.
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M. APPROPRIATE FUNDING AND APPROVAL EXPENDITURE IN THE AMOUNT
OF $43,500 FOR A ONE-YEAR INSTALLATION, FROM JULY 1, 2023, TO JUNE
30, 2024, OF THE ARTWORK “THE ONLY OTHER THING IS NOTHING” BY
ARTIST MICHAEL BIRNBERG (AKA MIDABI) FOR PLACEMENT AT THE
SOUTHEAST CORNER OF MUSEUM WAY AT MUSEUM DRIVE
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0, to:
1. Appropriate Public Art Funds (Fund 150) in the amount of $43,500 to account
#1502550-60030.
2. Approve the expenditure of Public Art Funds in the amount of $43,500 for the “The
Only Other Thing is Nothing” Art Project.
3. Approve placement of the artwork “The Only Other Thing is Nothing” at the southeast
corner of Museum Way at Museum Drive.
4. Authorize the City Manager to execute all necessary documents to facilitate the
temporary installation of the artwork “The Only Other Thing is Nothing.”
N. REPORT ON CITY COUNCIL STRATEGIC VISIONING SESSION
This item was removed from the Consent Calendar for separate discussion and considered
under Excluded Consent Calendar.
O. APPROVE SERVICE AGREEMENT NO. 23B079 WITH WEST AVIATION
SERVICES-SAN DIEGO DBA SIERRA AVIATION GROUP FOR BAGGAGE
RELOCATION SERVICES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0, to:
1. Approve Contract Services Agreement No. 23B079 with West Aviation Services-San
Diego DBA Sierra Aviation Group for baggage relocation and wayfinding services in
an amount not to exceed $2,000,000 for the initial three-year term beginning June 1,
2023, through May 31, 2026, with two one-year extension options at the City’s sole
discretion.
2. Authorize the City Manager or his designee to execute all necessary documents.
P. ACCEPT A GRANT AWARD FROM THE CALIFORNIA PUBLIC UTILITIES
COMMISSION IN THE AMOUNT OF $80,546 FOR BROADBAND ADOPTION
SERVICES AT THE PALM SPRINGS PUBLIC LIBRARY
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0, to accept a grant award from the California Public Utilities
Commission in the amount of $80,546 for broadband adoption services at the Palm Springs
Public Library.
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City of Palm Springs Page 7
Q. APPROVE COOPERATIVE AGREEMENT WITH CODE 3 TECHNOLOGY FOR
THE PURCHASE, INSTALLATION AND EXTENDED WARRANTY
COVERAGE OF GETAC MOBILE COMPUTERS FOR THE POLICE AND FIRE
DEPARTMENTS
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0, to:
1. Approve Contract Service Agreement 23C105 with Code 3 Technology for the
purchase, installation, and extended warranty coverage of ruggedized Getac computers
for use by the Police and Fire Departments, in an amount not to exceed $590,508.35.
2. Authorize the City Manager or their designee to execute all necessary documents.
EXCLUDED CONSENT CALENDAR ITEMS:
D. APPROVE CONTRACT SERVICES AGREEMENT NO. 23P064 WITH
GOVERNMENT REVENUE SOLUTIONS HOLDINGS I, LLC, DBA AVENU
INSIGHTS & ANALYTICS, LLC, FOR TRANSIENT OCCUPANCY TAX AUDIT
SERVICES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR GARNER,
CARRIED 5-0, to:
1. Approve Contract Services Agreement No. 23P064 (Attachment A) with Government
Revenue Solutions Holdings I, LLC, DBA Avenu Insights & Analytics, LLC, to
provide transient occupancy tax audit services for a five-year term in an amount not to
exceed $570,000 beginning July 1, 2023, through June 30, 2028.
2. Authorize the City Manager or designee to execute all necessary documents.
J. APPROVE MEMORANDUM OF UNDERSTANDING WITH THE COACHELLA
VALLEY ASSOCIATION OF GOVERNMENTS TO PROVIDE CASE
MANAGEMENT AND OUTREACH SERVICES TO HOMELESS INDIVIDUALS
IN THE COACHELLA VALLEY FOR A TERM OF THREE YEARS AT $100,000
PER YEAR, TOTALING $300,000
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0, to:
1. Approve a Memorandum of Understanding with the Coachella Valley Association of
Governments in the amount of $300,000 to provide services to unhoused individuals
and families in the Coachella Valley and the City of Palm Springs.
2. Authorize the City Manager to execute all necessary documents to facilitate the
implementation of the Memorandum of Understanding.
K. ACCEPT THE HOUSING ELEMENT ANNUAL PROGRESS REPORT (APR)
FOR THE 2022 CALENDAR YEAR FOR FILING WITH THE CALIFORNIA
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
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City of Palm Springs Page 8
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0, to:
1. Accept the report as presented; and,
2. Direct staff to make no changes to the report filed on April 1, 2023 (and subsequently
revised) with the California Department of Housing and Community Development and
the Governor’s Office of Planning and Research.
N. REPORT ON CITY COUNCIL STRATEGIC VISIONING SESSION
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
BERNSTEIN, CARRIED 5-0, to receive and file.
2. PUBLIC HEARINGS:
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), AND CONSIDERATION OF A SETTLEMENT AND
DEVELOPMENT AGREEMENT TO FACILITATE THE COMPLETION OF THE
PROJECT
Dan Burkett, David Elliott, Maureen Burl, Thomas Boudrot, Craig Withycombe, David
Powell, and David Thielens provided public hearing testimony.
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to continue the Public Hearing to a date certain (June 5,
2023, Regular City Council Meeting).
3. BUSINESS & LEGISLATIVE: None.
PUBLIC COMMENT:
Michael Joseph Pitkin provided oral testimony.
CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA
DEVELOPMENT:
City Manager Stiles and the City Council discussed the tentative upcoming meeting schedule;
Mayor Pro Tem Bernstein and Councilmember Middleton provided comments.
City Council Minutes May 11, 2023
City of Palm Springs Page 9
ADJOURNMENT:
The City Council adjourned the meeting of Thursday, May 11, 2023, at 8:09 p.m.
Respectfully submitted,
______________________________
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: 6/29/2023