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HomeMy WebLinkAbout2024-01-11 CC Meeting Minutes (Signed) Thursday, January 11, 2024 Minutes of the Regular Meeting of the City Council of the City of Palm Springs CALL TO ORDER: A Regular Meeting of the Palm Springs City Council was called to order by Mayor Bernstein on Thursday, January 11, 2024 , at 5:33 p.m. PLEDGE OF ALLEGIANCE: Caiden Vaughan and Jayden Hong, elementary school students, led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Grace Elena Garner, Christy Holstege, and Lisa Middleton; Mayor Pro Tem Ron deHarte; and Mayor Jeffrey Bernstein. Absent: None. City Staff Present: Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; Flinn Fagg, Deputy City Manager; Jeremy Hammond, Deputy City Manager; Ryan Guiboa, 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: City Manager Stiles introduced Wayne Olson, Chief Economic Development Officer. ACCEPTANCE OF THE AGENDA: MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to accept the agenda as presented (noting a recusal from Councilmember Middleton on Consent Calendar Item No. 1C). REPORT OF CLOSED SESSION: The Closed Session of the City Council of January 11, 2024, was called to order by Mayor Bernstein at 4:01 p.m. City Council Minutes January 11, 2024 City of Palm Springs Page 2 CLOSED SESSION PUBLIC COMMENT: Pearl Devers, Williams Lawrence, Karen Sylvester, Matthew Lay, Gloria Holland - Thompson, Gary Grizzel, Stewart Roberts, Wendell Crawford, and Christina Martinez provided oral testimony. The meeting convened into Closed Session to discuss the following items as listed on the 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 was one (1) matter. CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54956.8 Property: City Negotiator: Negotiating parties: Under negotiation: 119.4 acres of real property, located on the Northwest Corner of Indian Canyon Dr. and Tramview Road Flinn Fagg, Deputy City Manager Desert Community College District Price and Terms CONFERENCE WITH LEGAL COUNSEL—INITIATION OF LITIGATION, Pursuant to Government Code Section 54956.9(d)(4) Under existing facts and circumstances, there were two (2) matters. PUBLIC TESTIMONY: Al Jones, Carol Tallichet, Bill Wylie, David Norgard, Corey Roskin, Dwayne Ratleff, Joe Agati, David Sidley, Rebecca Olarte, Rosemary Flaherty, Robyn Meltzer, Serena Leiterman, Don Barrett, Gary Maehara, and Nancy Ferguson provided oral testimony. 1. CONSENT CALENDAR: MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve the consent calendar (with Councilmember Middleton recusing from Item No. 1C). A. APPROVAL OF MINUTES MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve the City Council Meeting Minutes for December 4, 2023, and December 14, 2023. City Council Minutes January 11, 2024 City of Palm Springs Page 3 B. ACCEPTANCE OF A RESIGNATION FROM THE HUMAN RIGHTS COMMISSION MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to accept the resignation of Edwin Ramoran from the Human Rights Commission effective immediately. C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 4-0-1 (WITH RECUSAL FROM COUNCILMEMBER MIDDLETON), to adopt Resolution No. 25173, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 11-11-23 AND 11-25-23 TOTALING $5,122,812.01 AND ACCOUNTS PAYABLE WARRANTS DATED 11-09-23 AND 11-22-23 TOTALING $17,045,665.81, IN THE AGGREGATE AMOUNT OF $22,168,477.82, DRAWN ON BANK OF AMERICA.” D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF NOVEMBER 1 THROUGH NOVEMBER 30, 2023 MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of November 1 through November 30, 2023. E. A REQUEST BY LORRIE HOEL, ON BEHALF OF PERRY’S PALM SPRINGS, LLC., FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) FOR AN EXISTING LIQUOR STORE, FOR A TYPE 21 LIQUOR LICENSE LOCATED AT 641 NORTH PALM CANYON DRIVE (APN: 505-302- 006), ZONE PD 48, (CASE PCN-2023-0006) MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 25174, 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 BEER, WINE AND DISTILLED SPIRITS) ALCOHOLIC BEVERAGE CONTROL LICENSE FOR PERRY’S PALM SPRINGS, LLC, LOCATED AT 641 NORTH PALM CANYON DRIVE WITHIN CENSUS TRACT NO. 446.06.” F. ACCEPTANCE OF ROAD REPAIRS – GENE AUTRY TRAIL AND INDIAN CANYON WASH, AND TAHQUITZ CANYON WAY MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to accept the public works improvement identified as road repairs on Gene Autry Trail, Indian Canyon Wash, and Tahquitz Canyon Way, as City Council Minutes January 11, 2024 City of Palm Springs Page 4 completed in accordance with the plans and specifications; and authorize the Director of Public Works to execute and file for recordation with the Riverside County Recorder a Notice of Completion for road repairs on Gene Autry Trail and Indian Canyon Wash, and Tahquitz Canyon Way. G. APPROVE CONTRACT SERVICES AGREEMENT NO. 23P385 WITH EVALCORP FOR EVALUATION SERVICES FOR ORGANIZED RETAIL THEFT PREVENTION GRANTS PROGRAM MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve Contract Services Agreement No. 23P385 with EVALCORP to provide evaluation services for an organized retail theft prevention grants program for a three-and-half year term in an amount not to exceed $186,550 beginning January 15, 2024, through July 31, 2027; and authorize the City Manager or designee to execute all necessary documents. H. APPROVE AGREEMENT NO. 23C393 WITH MIRACLE RECREATION EQUIPMENT COMPANY FOR THE REPLACEMENT OF RUBBER SURFACING AT SUNRISE PARK PLAYGROUNDS MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve Construction Contract 23C393 with Miracle Recreation Equipment Company for the replacement of rubber surfacing at Sunrise Park Playgrounds for an amount not to exceed $160,155.60; and authorize the City Manager or designee to execute all necessary documents. I. APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 23P382 WITH PHONG K. NGUYEN, M.D. A PROFESSIONAL CORPORATION, FOR MEDICAL DIRECTOR SERVICES FOR FIRE/EMS MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve Professional Services Agreement No. 23P382 with Phong K. Nguyen, M.D., A Professional Corporation, to provide medical director services for a two-year term in an amount not to exceed $56,000 beginning January 15, 2024, through January 14, 2026, with three one-year extension options at the City’s sole discretion; and authorize the City Manager or designee to execute all necessary documents. J. APPROVAL OF TRACT MAP 36969 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH EHOF CANYON VIEW LLC, A DELAWARE LIMITED LIABILITY COMPANY MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to: 1. Adopt Resolution No. 25175, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 36969 AND AN ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT WITH EHOF CANYON VIEW LLC, A DELAWARE LIMITED LIABILITY City Council Minutes January 11, 2024 City of Palm Springs Page 5 COMPANY, FOR PROPERTY LOCATED AT southwest corner of east PALM CANYON DRIVE AND MATTHEW DRIVE, IN SECTION 30, TOWNSHIP 4 SOUTH, RANGE 5 EAST.” 2. Authorize the City Manager to execute any necessary documents. K. APPROVAL OF TRACT MAP 37726 FOR TIME SHARE PURPOSES FOR PROPERTY LOCATED AT 1600 NORTH INDIAN CANYON DRIVE MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 25176, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 37726, FOR PROPERTY LOCATED AT 1600 NORTH INDIAN CANYON DRIVE, IN SECTION 2, TOWNSHIP 4 SOUTH, RANGE 4 EAST.” L. APPROVE CONTRACT SERVICES AGREEMENT NO. 23P395 WITH JNS NEXT CREATIVE & MEDIA HUB FOR ON-CALL COMMUNICATIONS, MARKETING, AND SOCIAL MEDIA SERVICES MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve Contract Services Agreement No. 23P395 with JNS Next Creative & Media Hub to provide on-call communications, marketing, and social media services in an amount not to exceed $350,000 for a three-year term with two one-year extension options at the City’s sole discretion, beginning January 15, 2024, through January 14, 2027; and authorize the City Manager or designee to execute all necessary documents. M. ACCEPTANCE OF INSTALLATION OF THE PALM CANYON DRIVE PEDESTRIAN AND BICYCLE SAFETY ENHANCEMENTS, CITY PROJECT 17-07 MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to: 1. Accept the public works improvement identified as the Palm Canyon Drive Pedestrian and Bicycle Safety Enhancements, City Project No. 17-07, as completed in accordance with the plans and specifications; and 2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for installation of the Palm Canyon Drive Pedestrian and Bicycle Safety Enhancements, City Project No. 17-07. N. APPROVAL OF AMENDMENT NO. 6 TO THE PROFESSIONAL SERVICES AGREEMENT WITH CNS ENGINEERS, INC., A CALIFORNIA CORPORATION (AGREEMENT A6594), IN THE AMOUNT OF $39,249.56 FOR THE SOUTH PALM CANYON DRIVE BRIDGE REPLACEMENT AT TAHQUITZ CREEK CHANNEL, CITY PROJECT NO. 12-02, FEDERAL AID PROJECT NO. BRLS-5282 (042) MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER City Council Minutes January 11, 2024 City of Palm Springs Page 6 HOLSTEGE, CARRIED 5-0, to approve Amendment No. 6, in the amount of $39,249.56, to Professional Services Agreement No. 6594, for a new not-to-exceed amount of $1,306,899.01 with CNS Engineers, the South Palm Canyon Bridge Replacement at Tahquitz Creek Channel, City Project No. 12-02, Federal Aid Project No. BRLS-5282(042); and authorize the City Manager to execute all necessary documents. O. A REQUEST BY CANYON FUND LLC, FOR APPROVAL OF AN ART MURAL TITLED “WHIMSICAL MID-CENTURY PALM SPRINGS” LOCATED ON THE EAST (REAR) ELEVATION OF THE BUILDING AT 310 NORTH PALM CANYON DRIVE (APN: 513-081-014) (CASE MUR 2023-0003) MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 25177, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ART MURAL TITLED “WHIMSICAL MID- CENTURY PALM SPRINGS” INSTALLED ON THE EAST ELEVATION OF THE BUILDING FACING THE PARKING LOT, LOCATED AT 310 NORTH PALM CANYON DRIVE (APN: 513-081-014) (CASE MUR 2023-0003)”. P. APPROVE AMENDMENT NO. 3 TO AGREEMENT NO. A9232 WITH VERDE FACILITIES SERVICES LLC FOR JANITORIAL SERVICES FOR VARIOUS CITY FACILITES MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve Amendment No. 3 to Agreement No. A9232 with Verde Facilities Services LLC, to provide janitorial services for various City facilities in an additional amount of $55,500 for a total revised contract amount not to exceed $2,481,144 through December 11, 2025; and authorize the City Manager or designee to execute all necessary documents. 2. PUBLIC HEARINGS: None. 3. BUSINESS & LEGISLATIVE: City Council Minutes January 11, 2024 City of Palm Springs Page 7 A. APPROVE CONSULTING SERVICE AGREEMENTS FOR ON-CALL PROJECT SERVICES FOR THE PALM SPRINGS INTERNATIONAL AIRPORT MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to: 1. Approve Consulting Services Agreement No. 23Q386 (Attachment A) with M. Arthur Gensler Jr. & Associates, Inc. to provide architectural on-call project services for an amount not to exceed $11,500,000 for a term of five years. 2. Approve Consulting Services Agreement No. 23Q388 (Attachment B) with RS&H California, Inc. to provide engineering on-call project services for an amount not to exceed $14,700,000 for a term of five years. 3. Approve Consulting Services Agreement No. 23Q389 (Attachment C) with RS&H California, Inc. to provide environmental on-call project services for an amount not to exceed $4,000,000 for a term of five years. 4. Approve Consulting Services Agreement No. 23Q390 (Attachment D) with InterVISTAS Consulting USA LLC to provide planning on-call project services for an amount not to exceed $11,000,000 for a term of five years. 5. Approve Consulting Services Agreement No. 23Q387 with AECOM Technical Services, Inc. to provide construction management on-call project services for an amount not to exceed $22,500,000 for a term of five years. 6. Authorize the City Manager or designee to execute all necessary Agreements and authorize the Executive Director of Aviation to execute all task orders that fall within the total not-to-exceed amounts of the agreements. B. APPROVAL OF FIRST AMENDMENT TO THE AMENDED AND RESTATED FRANCHISE AGREEMENT FOR SOLID WASTE COLLECTION SERVICES WITH PALM SPRINGS DISPOSAL SERVICES MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve the First Amendment to the Amended and Restated Franchise Agreement and authorize the City Manager to execute all necessary documentation. C. APPROVE SCOPE OF WORK FOR PALM SPRINGS PUBLIC LIBRARY RENOVATION PROJECTS 16-08, MAIN LIBRARY RENOVATIONS, AND 19- 18, JC FREY BUILDING REHABILITATION AND PROVIDE DIRECTION FOR ISSUANCE OF DEBT SERVICE MOTION BY MAYOR BERNSTEIN, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to move forward 1. Approve Scope of Work for Main Library Renovation Project 16-08 and JC Frey Building Project 19-18. 2. Direct staff to start process for issuance of Debt Service for the Main Library renovation; with the expectation of an intense degree of project management and community engagement in the next few months. (This is not an official Authorization to Bond, that will come at a later meeting once an amount is determined.) 3. Authorize the City Manager or designee to execute all necessary documents. City Council Minutes January 11, 2024 City of Palm Springs Page 8 PUBLIC COMMENT: Abraham Ishaq, Zachary Flores, Max McCartney, Mo El-Abdallah, and Jesse Neimeyer-Romero 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 and agenda items. Mayor Pro Tem deHarte and Mayor Bernstein provided comments. ADJOURNMENT: The City Council adjourned the meeting of Thursday, January 11, 2024, at 8:21 p.m. Respectfully submitted, _______________________________ Brenda Pree, MMC, CERA City Clerk APPROVED BY CITY COUNCIL: 2/8/2024