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Home My WebLink About2024-04-11 CC Meeting Minutes (Revised Draft Minutes) City of Palm Springs Page 1 Thursday, April 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 c alled to order by Mayor Bernstein on Thursday, April 11, 2024, at 5:35 p.m. PLEDGE OF ALLEGIANCE: Nahyeli Whitacre, 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; Andrew Mills, Chief of Police; 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: A. COMMENDATION FOR PALM SPRINGS POLICE DEPARTMENT HOMELESS OUTREACH TEAM Chief of Police Mills provided a presentation; and the following Team Impact members received commendations: • Lieutenant William Hutchison • Sergeant Frank Guarino • Sergeant Marcus Litch • Officer Chad Brown • Officer Jordon Belchamber • Officer Luciano Colantuono • Officer Jorge Diaz • Officer Emmi Kramer • Kristi Smith, Co-Compliance • Community Services Officer Destiny Arce Mayor Bernstein noted that the following proclamations were presented: • Palm Springs Opera Guild, in honor of Opera in the Park Day, April 7, 2024. • Arts, Culture, and Creativity Month (April 2024). • Greater Palm Springs Pride community service and activism honorees: City Council Minutes April 11, 2024 City of Palm Springs Page 2 1. David Powell, in honor of his outstanding leadership, dedication and service; 2. Vincent “DJ Galaxy” Corrales, in honor of his relentless dedication to volunteering, activism and advocacy; and, 3. Melissa Liberman, in honor of her exceptional dedication, tireless service and extraordinary commitment to Pride and her community. • Animal Outlook Veg Week, week of April 15, 2024. • Earth Day, April 22, and Arbor Day, April 26. ACCEPTANCE OF THE AGENDA: MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to accept the agenda with removal of Consent Calendar Item Nos. 1C and 1D for separate discussion. 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 April 11, 2024, was called to order by Mayor Bernstein at 12:00 p.m. CLOSED SESSION PUBLIC COMMENT: Chandra DaSilva, David Christian, Charles E Metcalf Jr., and Doug Evans provided oral testimony. The meeting convened into Closed Session to discuss the following items as listed on the Closed Session Meeting Agenda: CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2) One (1) Matter: Section 14 reparations Claim No. 22-0903, dated April 27, 2022, filed by Law Offices of Monrow Mabon and Barry J. Bennett, on behalf of Pearl Devers, Survivors & Descendants of Section 14; Claim No. 22-0960, dated November 29, 2022, filed by Areva Martin, Esq., Martin & Martin, LLP Pearl Devers & Section 14 Survivors and Descendants. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION, Pursuant to Government Code Section 54956.9(d)(1) Ghersi v. City of Palm Springs, U.S. Dist. Ct. Case No. 5:21-CV-01292-JWH (SPx). 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. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION, Pursuant to Government Code Section 54956.9(d)(8) City Council Minutes April 11, 2024 City of Palm Springs Page 3 Property: City Negotiator: Negotiating parties: Under negotiation: 124 S. Palm Canyon Drive. Palm Springs CA 92262 Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; and Jeff Ballinger, City Attorney Grit Development, LLC; Kalura Trattoria, Inc. Price and Terms The Mayor reported that the City Council met in Closed Session and had a very thoughtful and robust discussion regarding Section 14. The Council agreed on the following actions: • The City Council recognizes that City funds were used to clear land that housed individuals and families who were tenants on the property, including minority groups. The Council knows that we as a city need to right that wrong and in Closed Session, the Council collectively agreed on a number of steps to accomplish that goal. • First and foremost, the City will build more affordable housing by contributing to a Community Land Trust. • The Council also agreed to focus its collective efforts to explore ways that the City can increase economic opportunities, especially with small businesses in underserved communities. The first step the Council will be taking is asking Staff to review the results of our new small business entrepreneur pilot program with Caravanserai – and potentially expand funding. • In addition, the City of Palm Springs will explore the feasibility of a healing center or historic park dedicated to Section 14. The City Council directed Staff to coordinate with County, State and federal governments for possible funding. • The Council previously approved hiring a consultant for a historical context study -- and the City Council reaffirmed its commitment and asked Staff to come back within 90 days on the hiring of that consultant and next steps. • The Council discussed other potential programs that would include the possible renaming of a community park, dedication of an art installation, and/or creating a Day of Remembrance. • My City Council committed to continuing the conversation with the survivors of Section 14 and all residents of Palm Springs as we work together to address the inequities of the past. • The City of Palm Springs recognizes that marginalized and minority communities have been negatively impacted by City actions from the past. • Finally, the City Council has given direction to the City Attorney with regards to the claims made to the City by the residents of those displaced from Section 14. There was no further reportable action. PUBLIC TESTIMONY: None. 1. CONSENT CALENDAR: MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to approve the consent calendar with removal of Item Nos. 1C and 1D for separate discussion. A. ACCEPTANCE OF RESIGNATIONS FROM VARIOUS BOARDS AND City Council Minutes April 11, 2024 City of Palm Springs Page 4 COMMISSIONS MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to: 1. Accept the resignation of Melissa Shelton from the Public Arts Commission effective immediately. 2. Accept the resignation of Paige Azarakhsh from the Sustainability Commission effective immediately. B. RATIFY THE NOMINATION TO THE MOUNT SAN JACINTO WINTER PARK AUTHORITY MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to Reappoint Nancy Stuart and Jerry Ogburn to the Mount San Jacinto Winter Park Authority for terms ending September 30, 2027. C. APPROVAL OF AMENDMENT NO. 7 TO THE PROFESSIONAL SERVICES AGREEMENT A6594 WITH CNS ENGINEERS, INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $25,536.55 AND APPROVAL OF CONSTRUCTION DOCUMENTS AND AUTHORIZATION TO BID THE SOUTH PALM CANYON DRIVE BRIDGE REPLACEMENT AT TAHQUITZ CREEK CHANNEL, CITY PROJECT NO. 12-02, FEDERAL AID PROJECT NO. BRLS-5282 (042) This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar. D. APPROPRIATE FUNDING AND APPROVE EXPENDITURE IN THE AMOUNT OF $80,000 FOR THE BEAUTIFUL SHADE PARKS PROJECT This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar. E. APPROVE NO CHANGES AND NO APPLICATION OF THE CONSUMER PRICE INDEX ANNUAL ESCALATION IN THE COMPREHENSIVE FEE SCHEDULE FOR ONE YEAR, FISCAL YEAR 2024-2025 ONLY MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to approve no changes and no application of the Consumer Price Index annual escalation in the Comprehensive Fee Schedule for one-year, Fiscal Year 2024-2025 only. F. APPROVE TASK ORDER NO. 3 TO CAROLLO ENGINEERS, INC. AGREEMENT A8563 IN THE AMOUNT OF $73,907 FOR THE WASTEWATER TREATMENT PLANT (WWTP) ODOR CONTROL IMPROVEMENTS, CITY PROJECT 23-16 MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to: City Council Minutes April 11, 2024 City of Palm Springs Page 5 1. Approve Task Order No. 3 in the amount of $73,907 with Carollo Engineers, Inc., an ‘on- call’ firm for wastewater services during design. 2. Appropriate $73,907 from the Wastewater Capital Improvement Fund balance. 3. Authorize the City Manager or his designee to execute all necessary documents. G. APPROVAL OF A REQUEST FOR AN EARLY CONSTRUCTION START TIME BETWEEN APRIL 15, 2024, AND MAY 31, 2024, FOR THE WASTEWATER TREATMENT PLANT SLUDGE DRYING BEDS, CITY PROJECT NO. 21-05 MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to approve the requested early construction time of 5:00 a.m. for the dates between April 15, 2024 and May 31, 2024, for the WWTP Sludge Drying Beds Project, City Project 21-05, subject to continuous monitoring of noise complaints and impacts to adjacent properties and businesses. H. INTRODUCE AN ORDINANCE AMENDING SECTION 16.37.005 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE SIGNAGE REGARDING REGULATORY MEASURES APPLICABLE TO TRANSPORTATION NETWORK COMPANIES MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to waive the reading of the ordinance text in its entirety, read by title only, and introduce Ordinance No. 2096 entitled, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 16.37.005 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO SIGNAGE REGARDING REGULATORY MEASURES APPLICABLE TO TRANSPORTATION NETWORK COMPANIES.” EXCLUDED CONSENT CALENDAR: C. APPROVAL OF AMENDMENT NO. 7 TO THE PROFESSIONAL SERVICES AGREEMENT A6594 WITH CNS ENGINEERS, INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $25,536.55 AND APPROVAL OF CONSTRUCTION DOCUMENTS AND AUTHORIZATION TO BID 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 MIDDLETON, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to: 1. Approve Amendment No. 7 in the amount of $25,536.55 to Professional Services Agreement No. 6594, for a new not-to-exceed amount of $1,332,435.56 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); 2. Approve the plans, specifications and estimate and authorize Staff to advertise and solicit bids for the South Palm Canyon Bridge Replacement at Tahquitz Creek Channel, City Project No. 12-02, Federal Aid Project No. BRLS-5282(042); and, 3. Authorize the City Manager to execute all necessary documents City Council Minutes April 11, 2024 City of Palm Springs Page 6 D. APPROPRIATE FUNDING AND APPROVE EXPENDITURE IN THE AMOUNT OF $80,000 FOR THE BEAUTIFUL SHADE PARKS PROJECT MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to appropriate Public Art Funds (Fund 150) in the amount of $80,000 for the Beautiful Shade Project. 2. PUBLIC HEARINGS: A. PUBLIC HEARING FOR APPROVAL OF THE 2024-2025 ANNUAL ACTION PLAN (AAP) AND TO APPROVE A 2023-2024 SUBSTANTIAL AMENDMENT CONDUCT A PUBLIC HEARING UNDER SECTION 53083 OF THE CALIFORNIA GOVERNMENT CODE TO APPROVE A HOTEL OPERATIONS COVENANT BETWEEN THE CITY OF PALM SPRINGS AND PS PROPCO, LLC, A CALIFORNIA LIMITED COMPANY, PURSUANT TO MUNICIPAL CODE CHAPTER 5.26 OF THE CITY’S HOTEL OPERATIONS INCENTIVE PROGRAM MOTION BY MAYOR BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to: 1. Open the Public Hearing and receive public testimony. 2. Approve a Hotel Operations Covenant Agreement with PS Propco, LLC for the LifeHouse Palm Springs located at 1700 S Palm Canyon Drive, Palm Springs. 3. Authorize the City Manager to execute all necessary documents. 3. BUSINESS & LEGISLATIVE: A. CONSIDERATION OF RENAMING CITY OF PALM SPRINGS NAVIGATION CENTER The item was continued. PUBLIC COMMENT: Michael Joseph Pitkin 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. Councilmember Middleton and Mayor Bernstein provided comments. ADJOURNMENT: The City Council adjourned the meeting of Thursday, April 11, 2024, at 6:24 p.m. City Council Minutes April 11, 2024 City of Palm Springs Page 7 Respectfully submitted, _______________________________ Brenda Pree, MMC, CERA City Clerk APPROVED BY CITY COUNCIL: