HomeMy WebLinkAbout2024-03-14 CC Meeting Minutes (Signed)
Thursday, March 14, 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, March 14, 2024, at 5:30 p.m.
PLEDGE OF ALLEGIANCE:
Kaylaun Smith, student at Raymond Cree Middle School, 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; Jeffrey 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: None.
ACCEPTANCE OF THE AGENDA:
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to accept the agenda. (Noting a recusal from Mayor Pro Tem
deHarte on Consent Calendar Item No. 1D, and a recusal from Councilmember Holstege on
Consent Calendar Item No. 1O.)
REPORT OF CLOSED SESSION:
The Closed Session of the City Council of March 14, 2024, was called to order by Mayor Bernstein
at 4:00 p.m.
The meeting convened into Closed Session to discuss the following items as listed on the Closed
Session Meeting Agenda, with no reportable action:
City Council Minutes March 14, 2024
City of Palm Springs Page 2
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, Pursuant to
Government Code Section 54956.9(d)(1)
Under existing facts and circumstances, there were two (2) matters.
PUBLIC TESTIMONY: None.
1. CONSENT CALENDAR:
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0 (WITH RECUSAL FROM MAYOR PRO TEM DEHARTE ON
CONSENT CALENDAR ITEM NO. 1D, AND RECUSAL FROM COUNCILMEMBER
HOLSTEGE ON CONSENT CALENDAR ITEM NO. 1O), to approve the consent calendar.
A. APPROVAL OF MINUTES
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to approve the City Council Meeting Minutes of February
29, 2024.
B. AWARD COOPERATIVE PURCHASE AGREEMENT NO. 24C053 FOR
AGENDA MANAGEMENT SOFTWARE
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to award a five-year cooperative purchase agreement with
Carahsoft Technology Corp. to provide agenda management software for an amount of
$171,705.14 for the five-year term; and authorize the City Manager or designee to
execute the agreement.
C. ACCEPTANCE OF A RESIGNATION FROM THE ADMINISTRATIVE
APPEALS BOARD
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to accept the resignation of Michael Paonessa from the
Administrative Appeals Board effective immediately.
D. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 4-0 (WITH RECUSAL FROM MAYOR PRO TEM
DEHARTE), to adopt Resolution No. 25186, entitled "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD
ENDING 02-03-24 AND 02-17-24 TOTALING $4,705,161.37 AND ACCOUNTS
PAYABLE WARRANTS DATED 02-01-24 AND 02-15-24 TOTALING
$11,684,755.79, IN THE AGGREGATE AMOUNT OF $16,389,917.16, DRAWN ON
BANK OF AMERICA."
City Council Minutes March 14, 2024
City of Palm Springs Page 3
E. TREASURER’S INVESTMENT REPORT AS OF JANUARY 31, 2024
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to receive and file the Treasurer’s Investment Report.
F. QUITCLAIM OF RESTRICTIVE COVENANT BURDENING LOTS 1-3, 62, AND
LOT 63 WITHIN RECORDED PARCEL MAP NO. 20820, MB 166, PGS 70-71
(ENG FILE R 23-07-63695)
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Adopt Resolution No. 25187, entitled, “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, QUITCLAIMING THE “NO
RIGHTS OF ACCESS” RESTRICTIVE COVENANT OVER A PORTION OF
20TH AVENUE, SHOWN AS LOT “A”, WITHIN RECORDED PARCEL MAP NO.
20820, MB 166, PGS 70-71 (ENG FILE R 23-07-63695), AND APPROVING A
DETERMINATION THAT THE ACTION IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).”
2. Direct the City Clerk to complete processing of the attached Quitclaim of Restrictive
Covenant and cause it to be recorded with the Riverside County Recorder.
3. Authorize the City Manager to execute all necessary documents associated with
Resolution.
G. A REQUEST BY THE RESPECTIVE OWNERS OF 1850 SMOKE TREE LANE
(HSPB 148), 239 TWIN PALMS DRIVE (HD-2), AND 1177 EAST MESQUITE
AVENUE (HSPB 144) FOR APPROVAL OF MILLS ACT HISTORIC PROPERTY
PRESERVATION AGREEMENTS
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Approve a Mills Act Historic Property Preservation Agreement between the City of
Palm Springs and the owners of the following list of properties:
A. 1850 Smoke Tree Lane (aka 1800 S. Sunrise Way). APN: 510-104-002, 510-104-
006;
B. 239 Twin Palms Drive (Royal Hawaiian Estates). APN: 511-070-016;
C. 1177 E. Mesquite Avenue. APN: 508-380-022.
2. Authorize the City Manager to execute the Agreements.
3. Direct the City Clerk to record the Agreements with the County of Riverside.
H. ACCEPTANCE OF ARNICO PHASE 4 SEWER IMPROVEMENTS, CITY
PROJECT 21-17
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Accept the public works improvement identified as Arnico Phase 4 Sewer
Improvements, City Project 21-17 (“Project”), as completed in accordance with the
plans and specifications; and
2. Authorize the City Engineer to execute and file for recordation with the Riverside
City Council Minutes March 14, 2024
City of Palm Springs Page 4
County Recorder a Notice of Completion for Arnico Phase 4 Sewer Improvements,
City Project 21-17.
I. APPROVE CONTRACT SERVICES AGREEMENT NO. 24S046 WITH
ARCONAS INC. FOR THE PURCHASE AND INSTALLATION OF PASSENGER
SEATING AT THE PALM SPRINGS INTERNATIONAL AIRPORT
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Approve Contract Services Agreement No. 24S046 with Arconas Inc. for the purchase
and installation of passenger seating at the Palm Springs International Airport in an
amount not to exceed $232,846.71 for a one-year term.
2. Authorize the City Manager or designee to execute all necessary documents.
J. APPROVE AMENDMENT NO. 2 TO AGREEMENT A9145 WITH MOHAWK
COMMERCIAL, INC., FOR SYSTEMWIDE FLOORING AND INSTALLATION
SERVICES
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Approve Amendment No. 2 to Agreement A9145 with Mohawk Commercial, Inc., to
provide systemwide flooring and installation services for an additional amount of
$160,000 for a total revised contract amount not to exceed
$460,000 through June 14, 2025.
2. Authorize the City Manager or designee to execute all necessary documents.
K. APPROVE AMENDMENT NO. 3 TO AGREEMENT A9082 WITH UNITED
RENTALS (NORTH AMERICA), INC., FOR EQUIPMENT RENTAL SERVICES
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Approve Amendment No. 3 to Agreement A9082 with United Rentals (North
America), Inc., to equipment rental services for an additional amount of $100,000 for
a total revised contract amount not to exceed $400,000 through August 27, 2024.
2. Authorize the City Manager or designee to execute all necessary documents.
L. APPROVE AMENDMENT NO. 1 TO AGREEMENT A9079 WITH AJ FISTES
CORPORATION FOR PAINTING AND WALLCOVERING SERVICES
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Approve Amendment No. 1 to Agreement A9079 with AJ Fistes Corporation, to
provide painting and wallcovering services for an additional amount of $100,000, for
a total revised contract amount not to exceed $400,000 through April 10, 2025.
2. Authorize the City Manager or designee to execute all necessary documents.
City Council Minutes March 14, 2024
City of Palm Springs Page 5
M. APPROVE AMENDMENT NO. 1 TO AGREEMENT A9241 WITH J & L AUTO
BODY, INC., FOR AUTO BODY REPAIR SERVICES
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Approve Amendment No. 1 to Agreement A9241 with J & L Auto Body, Inc., to
provide auto body repair services for an additional amount of $100,000 for a total
revised contract amount not to exceed $400,000 through October 26, 2025.
2. Authorize the City Manager or designee to execute all necessary documents.
N. FUNDING AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND DAP
HEALTH
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to approve the Funding Agreement with DAP Health for
$1 million.
O. SECOND READING AND ADOPTION OF AN ORDINANCE NO. 2094 OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS
MUNICIPAL CODE TO PROVIDE THAT CANNABIS DISPENSARY BUSINESS
PERMIT APPLICATIONS WILL NOT BE ACCEPTED, PROCESSED OR
APPROVED BY THE CITY BETWEEN JANUARY 1, 2024, AND DECEMBER
31, 2027
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 4-0 (WITH RECUSAL FROM COUNCILMEMBER
HOLSTEGE), to waive the second reading of the text in its entirety, read by title only,
and adopt Ordinance No. 2094, entitled, “AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS MUNICIPAL CODE
TO PROVIDE THAT CANNABIS DISPENSARY BUSINESS PERMIT
APPLICATIONS WILL NOT BE ACCEPTED, PROCESSED OR APPROVED BY
THE CITY, BETWEEN JANUARY 1, 2024, AND DECEMBER 31, 2027.”
2. PUBLIC HEARINGS:
A. A REQUEST BY DTPS B-3, LLC FOR A DEVELOPMENT AGREEMENT
RELATED TO AN APPROVED MIXED-USE DEVELOPMENT INVOLVING 45
RESIDENTIAL CONDOMINIUM UNITS AND RETAIL ON BLOCK B OF THE
DOWNTOWN PALM SPRINGS SPECIFIC PLAN AT THE NORTHEAST
CORNER OF BELARDO ROAD AND MUSEUM WAY; 200 NORTH BELARDO
ROAD, ZONE CBD (CASE DA-2023-0008)
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
GARNER, CARRIED 4-0 (WITH RECUSAL FROM MAYOR BERNSTEIN), to open
the public hearing and receive public testimony; and waive the reading of the text in its
entirety, and introduce for first reading Ordinance No. 2095, entitled, “AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH DTPS B -3,
City Council Minutes March 14, 2024
City of Palm Springs Page 6
LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, RELATED TO THE
ENTITLEMENTS FOR A MIXED-USE DEVELOPMENT INVOLVING 45
RESIDENTIAL CONDOMINIUM UNITS AND RETAIL ON BLOCK B OF THE
DOWNTOWN PALM SPRINGS SPECIFIC PLAN AT THE NORTHEAST CORNER
OF BELARDO ROAD AND MUSEUM WAY; 200 NORTH BELARDO ROAD”, as
amended to condition the approval on the applicant submitting a temporary beautification
plan for the project site, for City Council approval, if a permit is not issued and
construction commenced within eighteen (18) months of the Effective Date of the
Agreement.
3. BUSINESS & LEGISLATIVE:
A. FISCAL YEAR 2022-2023 FINANCIAL AUDIT REPORTS OF THE CITY OF
PALM SPRINGS
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to receive and file the following Financial Audit Reports
for fiscal year June 30, 2022:
• Comprehensive Financial Report (ACFR)
• Audit Communication Letter to the City Council Passenger Facility Charge (PFC)
Report
• Housing Successor Audit Communication letter to the City Council Public Financing
Authority Financial Statements
• Independent Accountant’s Agreed Upon Procedures to Appropriations (GANN)
• Measure D Independent Accountant’s Agreed Upon Procedures
• Measure A Independent Accountant’s Agreed Upon Procedures (Conrad CPA Firm)
B. GENERAL FUND, CAPITAL, AND AIRPORT MID-YEAR FISCAL YEAR 2023-
24 BUDGET UPDATE
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to receive and file.
C. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT TO
UNDERTAKE A COMPREHENSIVE UPDATE TO THE COLLEGE PARK
SPECIFIC PLAN AND ASSOCIATED ENVIRONMENTAL REVIEW
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 4-0 (WITH RECUSAL FROM COUNCILMEMBER
GARNER), to:
1. Authorize a Professional Services Agreement with Terra Nova Planning & Research,
Inc., in the amount of $246,890 for professional services to amend the College Park
Specific Plan and for associated environmental assessment services, as amended; and
2. Adopt Resolution No. 25188, entitled, “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET
FOR FISCAL YEAR 2023-24, APPROPRIATING A TOTAL OF $246,890 FROM
THE CITY’S SPECIAL PROJECT FUND 160 FOR PROFESSIONAL SERVICES
City Council Minutes March 14, 2024
City of Palm Springs Page 7
FOR AMENDMENTS TO THE COLLEGE PARK SPECIFIC PLAN AND
ASSOCIATED ENVIRONMENTAL REVIEW SERVICES.”
3.Authorize the City Manager to execute all necessary documents.
D.ADOPT A RESOLUTION APPROVING MAXIMUM RATES THAT TOW
SERVICE PROVIDERS CAN CHARGE, AND AN ASSOCIATED VEHICLE
TOWING ADMINISTRATIVE COST RECOVERY FEE FOR THE PALM
SPRINGS POLICE DEPARTMENT
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1.Adopt Resolution No. 25189, entitled, “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING MAXIMUM
RATES THAT TOW SERVICE PROVIDERS CAN CHARGE, AND AN
ASSOCIATED VEHICLE TOWING ADMINISTRATIVE COST RECOVERY FEE
FOR THE PALM SPRINGS POLICE DEPARTMENT”, as amended.
2.Approve an Amendment to Agreements A6281 and A6282, for Official Police Tow
Service Agreements for As-Needed Vehicle Towing and Storage Services to conform
to Resolution.
3.Authorize the City Manager to execute all necessary documents.
PUBLIC COMMENT:
Jesse Neimeyer-Romero and Abraham Ishaq 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. Councilmembers Garner, Holstege, and Middleton; Mayor Pro Tem deHarte; and
Mayor Bernstein provided comments.
ADJOURNMENT:
The City Council adjourned the meeting of Thursday, March 14, 2024, at 7:48 p.m.
Respectfully submitted,
_______________________________
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: 3/28/2024