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HomeMy WebLinkAbout2023-09-14 City Council Meeting Minutes Thursday, September 14, 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, September 14 , at 5:37 p.m. PLEDGE OF ALLEGIANCE: London Murphy-Ritchey, elementary school student, led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Ron deHarte, Holstege, and 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; Andrew Mills, Chief of Police; Paul Alvarado, Fire Chief; 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: • Storm Impacts Presentation by City Manager Stiles, Chief of Police Mills, Fire Chief Alvarado, and Emergency Management Coordinator DeSelms. • Airport Master Plan Update Presentation by Airport Executive Director Barrett and Eden Hunt Consultant Hayes. • Convention Center Future Study Presentation by Palm Springs Bureau of Tourism General Manager Hampton and CSL Principal Kaatz. ACCEPTANCE OF THE AGENDA: MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to accept the agenda with removal of Consent Calendar Item No. 1U for separate discussion; and recusal from Mayor Pro Tem Bernstein on Consent Calendar Item No. 1P. City Council Minutes September 14, 2023 City of Palm Springs Page 2 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES REPORT OF CLOSED SESSION: The Regular Closed Session of the City Council of September 14, 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: CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, Pursuant to Government Code Section 54956.9(d)(1): Under existing facts and circumstances, there was 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 were two (2) matters. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION, Pursuant to Government Code Section 54956.9(d)(4): Under existing facts and circumstances, there was one (1) matter. PUBLIC TESTIMONY: Greg Roberts, Alejandro Meza Aguilar, Brian Sanchez, Lyzzeth Mendoza, Brad Anderson, Ellis Delahousay, Jhon Luna, Nancy Ferguson, and Alex Cruz provided oral testimony. 1. CONSENT CALENDAR: MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 (WITH RECUSAL FROM MAYOR PRO TEM BERNSTEIN ON ITEM NO, 1P), to approve the Consent Calendar with Item No. 1U pulled for separate 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: 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 City Council Minutes September 14, 2023 City of Palm Springs Page 3 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES 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. APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to: 1. Appoint Dave Banks to the Palm Springs International Airport Commission, effective immediately, to a term expiring on June 30, 2026. 2. Appoint Jase Nagaia to the Parks & Recreation Commission, effective immediately, to a term expiring on June 30, 2026. 3. Accept the resignation of Patricia Pierce from the Administrative Appeals Board effective immediately. 4. Accept the resignation of Stephen Moses from the Administrative Appeals Board effective immediately. 5. Accept the resignation of Scott G. Miller from the Palm Springs International Airport Commission effective immediately. 6. Accept the resignation of Katherine Hatch from the Parks & Recreation Commission effective immediately. 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 June 29, July 10, and July 24, 2023. D. DESIGNATION OF THE CITY’S VOTING DELEGATE AND ALTERNATES AT THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE BUSINESS MEETING MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to designate Mayor Grace Garner as the voting delegate, and Mayor Pro Tem Jeffrey Bernstein and Councilmember Lisa Middleton as alternate voting delegates, to represent the City at the 2023 League of California Cities Annual Conference Business Meeting and authorize the City Clerk to sign the 2023 Annual Conference Voting Delegate/Alternate Form. E. ACCEPTANCE OF THE DEMUTH COMMUNITY CENTER LIFE SAFETY IMPROVEMENTS PHASE 2 AND AIR CONDITIONING INSTALLATION, CITY PROJECT NO. 19-14 MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to: 1. Accept the public works improvement, identified as the Demuth Community Center Egress & HVAC Improvements, City Project 19-14, as completed in accordance with the plans and specifications. City Council Minutes September 14, 2023 City of Palm Springs Page 4 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES 2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Demuth Community Center Egress & HVAC Improvements, City Project 19-14. F. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. 23E111 WITH 4LEAF, INC. FOR INTERIM CITY BUILDING OFFICIAL AND PLAN REVIEW SERVICES MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve Amendment No. 2 to Agreement No. 23E111 with 4Leaf, Inc., to provide continued interim building official and plan review services in an additional amount of $100,000 for a total revised contract amount not to exceed $214,400; and authorize the City Manager or designee to execute all necessary documents. G. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. A9152 WITH UPBEAT PARADE PRODUCTIONS, INC, FOR ADDITIONAL SERVICES FOR THE PALM SPRINGS VETERANS DAY PARADE AND THE PALM SPRINGS FESTIVAL OF LIGHTS PARADE MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve Amendment No. 2 to Agreement No. -A9152 with Upbeat Parade Productions, Inc., to provide additional curated services for the Palm Springs Festival of Lights Parade and the Palm Springs Veterans Day Parade in the amount of $360,000 for a total revised contract amount not to exceed $557,000; and authorize the City Manager to execute all necessary documents. H. APPROVE AMENDMENT NO. 2 TO NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT NO. A9092 WITH ALCLEAR, LLC DBA CLEAR AT THE PALM SPRINGS INTERNATIONAL AIRPORT MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to: 1. Approve Amendment No. 2 to Non-Exclusive Operating and Lease Agreement No. A9092 (Attachment A) with Alclear, LLC dba CLEAR to increase the terminal leased space commencing on April 1, 2023, through March 31, 2024, at a monthly rental rate of $7,559.56. 2. Authorize the Airport Executive Director to approve up to one one-year extension commencing on April 1, 2024, if mutually agreed upon. 3. Authorize the City Manager or City Manager Designee to execute all documents. I. PURCHASE OF LIBRARY MAGAZINES AND NEWSPAPERS WITH EBSCO INFORMATION SERVICES, LLC FOR A FIVE-YEAR, NOT-TO-EXCEED AMOUNT OF $75,000 MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to purchase library magazines and newspapers from existing vendor, EBSCO Information Services, LLC, for a term of five years, in the not- City Council Minutes September 14, 2023 City of Palm Springs Page 5 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES to-exceed amount of $75,000; and authorize the City Manager to execute all necessary documents. J. APPROVAL OF AMENDMENT NO. 1 TO LEASE AGREEMENT NO. A5666 WITH THE GENERAL SERVICES ADMINISTRATION FOR THE TRANSPORTATION SECURITY ADMINISTRATION TERMINAL OFFICE SPACE LEASE AT THE PALM SPRINGS INTERNATIONAL AIRPORT MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve Amendment No. 1 to Lease Agreement No. A5666 with the General Services Administration for a five-year lease extension for the TSA terminal office lease of 6,653 square feet, commencing October 1, 2023, through September 30, 2028, generating $904,808 in annual rent; and authorize the City Manager or designee to execute all necessary documents. K. APPROVE CONTRACT SERVICES AGREEMENT NO. 23B128 WITH SOUTH COAST INDUSTRIAL DOOR, INC. FOR AIRPORT AUTOMATIC ROLLING GATES AND DOOR REPAIR SERVICES MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve Contract Services Agreement 23B128 (Attachment A) with South Coast Industrial Door, Inc. to provide on-call automatic rolling gates and door repair services at the Palm Springs International Airport in an amount not to exceed $400,000 for the initial three-year term beginning October 1, 2023, through September 30, 2026, with two one-year extension options at the City’s sole discretion; and, authorize the City Manager or his designee to execute all necessary documents. L. AUTHORIZE THE PURCHASE OF NINE (9) NEW VEHICLES AND EQUIPMENT MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to: 1. Approve the issuance of a purchase order to Fiesta Ford, Inc., for the purchase of 3 Ford Mustang Mach E electric vehicles in an amount not to exceed $164,611.95. 2. Approve the issuance of a purchase order to National Auto Fleet Group, for the purchase of 6 Ford F-150 XL Hybrid 4WD SuperCrew vehicles in an amount not to exceed $378,005.36. 3. After delivery of the new vehicles, declare existing vehicles being replaced as surplus vehicles and authorize the City Manager or designee to sell them at public auction in accordance with Chapter 7.07 of the Palm Springs Municipal Code. 4. Authorize the City Manager or designee to execute all necessary documents. M. APPROVE A LICENSE AGREEMENT WITH EBSCO INFORMATION SERVICES, LLC FOR FIVE YEARS OF ACCESS TO ELECTRONIC MAGAZINE AND NEWSPAPER ARTICLES MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve a five-year license agreement with EBSCO in City Council Minutes September 14, 2023 City of Palm Springs Page 6 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES the amount of $57,921 for cataloging, metadata, and interlibrary loan services; and authorize the City Manager to execute all necessary documents. N. AUTHORIZE AN INCREASE TO PURCHASE ORDER NO. 20000738 IN AN AMOUNT NOT TO EXCEED $120,160 WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC., FOR THE CITY OF PALM SPRINGS STORM DRAIN LINE 20, STAGE 3, CITY PROJECT 19-15 MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to authorize an increase to Purchase Order No. 20000738 in an amount not to exceed $120,160 with Engineering Resources of Southern California, Inc., an “on-call” civil engineering firm, for post-design and construction support services during construction; and authorize the City Manager or designee to execute all necessary documents. O. APPROVE AGREEMENT WITH LEADS ONLINE FOR THREE YEARS OF INVESTIGATIVE TOOLS MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve a three-year agreement with Leads Online in the amount of $23,698 for investigative tools; and authorize the City Manager to execute all necessary documents in a form approved by the City Manager and City Attorney. P. A REQUEST BY REN ACQUISITION INC, FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) TO SELL WINE (TYPE 20 – OFF-SALE GENERAL) AT A WINE BAR AND RESTAURANT, LOCATED AT 175 NORTH PALM CANYON DRIVE (APN: 513-560-043), ZONE CBD (CASE PCN-2023-0007) MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 4-0-1 (MAYOR PRO TEM BERNSTEIN RECUSING DURING THE APPROVAL OF THE CONSENT CALENDAR), to Adopt Resolution No. 25139, 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 20 (OFF-SALE BEER AND WINE) ALCOHOLIC BEVERAGE CONTROL LICENSE FOR A WINE BAR/RESTAURANT LOCATED AT 175 NORTH PALM CANYON DRIVE WITHIN CENSUS TRACT NO. 0446.06.” Q. APPROVE CONTRACT SERVICES AGREEMENT NO. 23P188 WITH NEIGHBORHOOD PARTNERSHIP HOUSING SERVICES, INC., FOR CDBG HOME REHABILITATION PROGRAM MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to: 1. Approve Contract Services Agreement No. 23P188 with Neighborhood Partnership Housing Services, Inc., to provide CDBG home rehabilitation program for a one-year term in an amount not to exceed $412,266 beginning October 1, 2023, through September 30, 2024. 2. Approve the CDBG Owner Occupied Home Rehabilitation Program Guidelines. City Council Minutes September 14, 2023 City of Palm Springs Page 7 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES 3. Authorize the City Manager or designee to execute all necessary documents. R. APPROVAL OF AMENDMENT NO. 1 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2023-24 AND FISCAL YEAR 2024-25 MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to adopt Resolution No. 25140, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2022-2023, ADOPTED BY RESOLUTION NO. 25033;” and, authorize the City Manager to execute all documents necessary to effectuate this action. S. SECOND READING AND ADOPTION OF ORDINANCE 2087, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.26 OF THE PALM SPRING MUNICIPAL CODE REGARDING THE HOTEL OPERATIONS INCENTIVE PROGRAM MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to waive the second reading of the text in its entirety and adopt Ordinance No. 2087, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.26 OF THE PALM SPRINGS MUNICIPAL CODE, REGARDING THE HOTEL OPERATIONS INCENTIVE PROGRAM.” T. APPROVAL OF AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH CNS ENGINEERS, INC. (A6191B), A CALIFORNIA CORPORATION, IN THE AMOUNT OF $831,067.22, FOR THE VISTA CHINO LOW-WATER CROSSING BRIDGE AT THE WHITEWATER RIVER, CITY PROJECT NO 10-10, FEDERAL AID PROJECT NO. BR-NBIL (513) MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve Amendment No. 3 in the amount of $831,067.22 to Professional Services Agreement No. 6191B, for a new not-to-exceed amount of $6,479,452.92 with CNS Engineers for the Vista Chino Low-Water Crossing Bridge at the Whitewater River, City Project No. 10-10, Federal Aid Project No BR-NBIL513; and, authorize the City Manager to execute all necessary documents. U. APPROVE PROFESSIONAL SERVICE AGREEMENT NO. 23Q183 WITH GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC. FOR PALM SPRINGS PUBLIC LIBRARY RENOVATION PROJECTS 16-08, MAIN LIBRARY RENOVATIONS, AND 19-18, JC FREY BUILDING REHABILITATION PHASE 1 This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar. City Council Minutes September 14, 2023 City of Palm Springs Page 8 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES V. AUTHORIZE ISSUANCE OF A LETTER IN SUPPORT OF SENATE BILL 244 – THE RIGHT TO REPAIR ACT MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to authorize issuance of a letter in support of Senate Bill 244, supporting the Right to Repair Act. W. APPROVE BENEFIT PLAN AND SERVICE AGREEMENTS FOR EMPLOYEE GROUP HEALTH COVERAGE MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve employee benefit plan and service agreements for group health insurance coverage; and authorize the City Manager and/or designee to execute all documents. X. AWARD TWO SERVICE AGREEMENTS FOR ON-CALL RECRUITMENT SERVICES FOR EXECUTIVE STAFF MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to: 1. Award an on-call recruitment services agreement with Mosaic Public Partners LLC for general department recruiting services for executive staff for a term of four years, not to exceed $210,000. 2. Award an on-call recruitment services agreement with Jacob Green & Associates, Inc. for aviation recruiting services for executive staff for a term of four years, not to exceed $168,000. 3. Authorize the City Manager or designee to execute the Agreements. Y. APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT NO. A7148 FOR ON-CALL AVIATION CONSULTING SERVICES WITH RS&H CALIFORNIA, INC. AT THE PALM SPRINGS INTERNATIONAL AIRPORT MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve Amendment No. 2 to Professional Services Agreement No. A7184 with RS&H to retroactively include Task Order No. 11 and Task Order No. 12; and allow the City Manager or designee to execute all necessary documents. Z. AWARD TWO CONTRACT SERVICES AGREEMENTS FOR COST ESTIMATING SERVICES MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to award two Contract Services Agreements for cost estimating services for various departments to 1) Anser Advisory Consulting, LLC dba Anser Advisory, and 2) MARRS Services, Inc. for amounts not to exceed $400,000 for each agreement for a three-year term as outlined in the Agreements; and authorize the City Manager or designee to execute all necessary documents. City Council Minutes September 14, 2023 City of Palm Springs Page 9 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES AA. ACCEPTANCE OF $135,000 IN GRANT FUNDING FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY FOR A SELECTIVE TRAFFIC ENFORCEMENT PROGRAM TO BE USED TO ENFORCE, EDUCATE, AND BRING AWARENESS TO THE PUBLIC MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to accept $135,000 in grant funding from the California Office of Traffic Safety for a Selective Traffic Enforcement Program for 2023/2024; and authorize the City Manager to execute all necessary documents. BB. AUTHORIZE AN INCREASE TO PURCHASE ORDER NO. 22001221 IN AN AMOUNT NOT TO EXCEED $96,820 WITH STANTEC CONSULTING SERVICES FOR THE WASTEWATER TREATMENT PLANT (WWTP) DIGESTER NO. 2 GAS FLARE AND FILTRATE PUMP STATION, CITY PROJECTS 20-25 AND 21-07 MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to authorize an increase to Purchase Order No. 22001221 in an amount not to exceed $96,820 with Stantec Consulting Services, an ‘on-call’ firm for wastewater engineering services during construction; and, authorize the City Manager or his designee to execute all necessary documents. CC. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT 23P184 TO KIMLEY-HORN AND ASSOCIATES, INC. IN AN AMOUNT NOT TO EXCEED $649,179 FOR DESIGN SERVICES FOR THE DEMUTH PARK DEVELOPMENT PROJECT, CITY PROJECT NO. 21-16 MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve Professional Services Agreement 23P184 with Kimley-Horn and Associates, Inc. in an amount not to exceed $649,179 for design services for the Demuth Park enhancement project, City Project 21-16; and authorize the City Manager to execute all necessary documents. DD. APPROVAL OF A NOTICE TO PROCEED TO VEOLIA WATER WEST OPERATING SERVICES, INC. IN THE AMOUNT OF $948,324.50 FOR BARISTO SEWER LINE REHABILITATION, CITY PROJECT 23-15 MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to authorize the City Engineer to issue a Notice to Proceed to Veolia Water West Operating Services, Inc. in an amount not to exceed $948,324.50 for the Baristo Sewer Line Rehabilitation, City Project 23-15; and authorize the City Manager to execute all necessary documents. City Council Minutes September 14, 2023 City of Palm Springs Page 10 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES EE. APPROVE INTERGOVERNMENTAL / COOPERATIVE SERVICE AGREEMENT NO. 23G199 WITH THE UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES FOR A WILDLIFE BIOLOGIST TO MINIMIZE AND REDUCE THE THREATS OF WILDLIFE TO HUMAN HEALTH AND SAFETY MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve Intergovernmental/Cooperative Service Agreement No. 23G199 with the United States Department of Agriculture Animal and Plant Health Inspection Service (APHIS) to provide a federally qualified Wildlife Service (WS) biologist to minimize and reduce the threats of wildlife to human health and safety in an amount not to exceed $434,017.71 for a five-year term beginning October 1, 2023, through July September 30, 2028; and authorize the City Manager or designee to execute all necessary documents. EXCLUDED CONSENT CALENDAR: U. APPROVE PROFESSIONAL SERVICE AGREEMENT NO. 23Q183 WITH GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC. FOR PALM SPRINGS PUBLIC LIBRARY RENOVATION PROJECTS 16-08, MAIN LIBRARY RENOVATIONS, AND 19-18, JC FREY BUILDING REHABILITATION PHASE 1 MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve Professional Services Agreement No. 23Q183 with Group 4 Architecture, Research + Planning, Inc. to provide architectural design services for an amount not to exceed $1,838,898 for Phase 1 of the project; and authorize the City Manager or designee to execute all necessary documents. 2. PUBLIC HEARINGS: A. REQUEST BY THE CITY OF PALM SPRINGS FOR APPROVAL OF THE ANNUAL UPDATE OF THE PALM SPRINGS ZONING AND MUNICIPAL CODES (CASE 5.1466 ZTA) MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to 1) open the public hearing and receive public testimony; and, 2) introduce by title only and waive further reading of an Ordinance entitled, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING VARIOUS SECTIONS IN TITLES 2, 5, 8, 9 AND 11 OF THE PALM SPRINGS MUNICIPAL CODE AND VARIOUS SECTIONS OF THE PALM SPRINGS ZONING CODE (CHAPTERS 91-94), AS PART OF AN ANNUAL TECHNICAL UPDATE TO THE CITY’S LAND USE AND DEVELOPMENT REGULATIONS (CASE 5.1466 ZTA).” City Council Minutes September 14, 2023 City of Palm Springs Page 11 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES B. A REQUEST BY THE CITY OF PALM SPRINGS FOR A PROPOSED AMENDMENT TO HISTORIC DISTRICT #1, “THE LAS PALMAS BUSINESS HISTORIC DISTRICT” (“LPBHD”) (CASE HSPB 30; HD-1) MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to open the public hearing and receive testimony and Close the public hearing and adopt Resolution No. 25141, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE LAS PALMAS BUSINESS HISTORIC DISTRICT (“LPBHD”) CASE HSPB 30 / HD-1 SUBJECT TO CONDITIONS.” RECESS/RECONVENE: The City Council recessed at 7:43 p.m. and reconvened at 7:55 p.m., with all members present. C. APPEAL OF CALIBLISS, LLC CONDITIONAL CANNABIS EXPIRATION, CANNABIS PERMIT NO. C-2019-096 Appeal of CaliBliss, LLC Conditional Cannabis Expiration, Cannabis Permit No. C-2019-096, was continued. 3. BUSINESS & LEGISLATIVE: A. APPROVE A SECOND AMENDMENT TO THE LEASE WITH COACHELLA VALLEY ECONOMIC PARTNERSHIP FOR OFFICE SPACE AT 3111 EAST TAHQUITZ CANYON WAY MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve Amendment No. 2 for the lease with Coachella Valley Economic Partnership for space located at 3111 East Tahquitz Canyon Way, reducing the amount of space they lease and to allow rental credits for property management services (Agreement A6037); and authorize the City Manager to execute all necessary documents. B. SECOND READING AND ADOPTION OF ORDINANCE NO. 2077 OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.89 TO THE PALM SPRINGS MUNICIPAL CODE RELATING TO SIDEWALK VENDING AND AMENDING CHAPTER 5.48 RELATIVE TO COMMERCIAL SOLICITATION MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY MAYOR GARNER, CARRIED 4-1 (COUNCILMEMBER MIDDLETON VOTING NO), to waive the second reading of text in its entirety, ready by title only, and adopt Ordinance No. 2077, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.89 TO THE PALM SPRINGS MUNICIPAL CODE, ESTABLISHING REGULATIONS ON SIDEWALK VENDING IN COMPLIANCE WITH SENATE BILL 946, AND AN AMENDMENT TO CHAPTER 5.48 RELATIVE TO COMMERCIAL SOLICITATION.” City Council Minutes September 14, 2023 City of Palm Springs Page 12 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES PUBLIC COMMENT: Zachary Daniel Stone, Jordan Norman, Juan Espinoza, Paul Ortega, and David Rios provided oral testimony. Councilmembers deHarte and Middleton, and Mayor Pro Tem Bernstein provided comments. CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT: City Manager Stiles and the City Council discussed the tentative upcoming meeting schedule and agenda items. ADJOURNMENT: The City Council adjourned the meeting of Thursday, September 14, 2023 , at 8:54 p.m. Respectfully submitted, ________________________________ Brenda Pree, MMC, CERA City Clerk APPROVED BY CITY COUNCIL: 10/26/2023