HomeMy WebLinkAbout2023-12-14 City Council Meeting Minutes
Thursday, December 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, December 14, 2023, at 5:33 p.m.
PLEDGE OF ALLEGIANCE:
Olivia Lee Sanchez, elementary school student, led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Christy Holstege, Ron deHarte, 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; Flinn Fagg, Deputy
City Manager; Jeremy Hammond, Deputy City Manager; Jeff 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. APPOINTMENT OF THE MAYOR AND MAYOR PRO TEM RECOMMENDATION:
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
DEHARTE, CARRIED 5-0, to appoint Jeffrey Bernstein to the position of Mayor, and Ron
deHarte to the position of Mayor Pro Tem for a one-year term commencing upon appointment.
ACCEPTANCE OF THE AGENDA:
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE,
CARRIED 5-0, to accept the agenda as presented.
City Council Minutes December 14, 2023
City of Palm Springs Page 2
REPORT OF CLOSED SESSION:
The Closed Session of the City Council of December 14, 2023, was called to order by Mayor Garner
at 4:30 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:
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.
PUBLIC TESTIMONY:
Aftab Dada and Dominic Moonheart provided oral testimony.
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to approve the consent calendar.
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
DEHARTE, 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
DEHARTE, CARRIED 5-0, to approve the City Council meeting minutes of November 9,
2023.
City Council Minutes December 14, 2023
City of Palm Springs Page 3
C. APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS, AND
RESIGNATIONS FROM THE AIRPORT COMMISSION AND PLANNING
COMMISSION
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, CARRIED 5-0, to:
1. Appoint Margaret Keung to the Parks & Recreation Commission, effective
immediately, to a term expiring on June 30, 2026.
2. Appoint Ken Alexander to the Sustainability Commission effective immediately, to a
term expiring on June 30, 2026.
3. Accept the resignation of Gerald Adams from the Airport Commission effective
immediately.
4. Accept the resignation of JR Roberts from the Planning Commission effective
immediately.
D. A RESOLUTION APPROVING AND ADOPTING AN AMENDED CONFLICT OF
INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, CARRIED 5-0, to adopt a Resolution No. 25160, entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA ADOPTING AN AMENDED CONFLICT OF INTEREST CODE
PURSUANT TO THE POLITICAL REFORM ACT OF 1974."
E. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, CARRIED 5-0, to adopt a Resolution No. 25161, entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS /
DISBURSEMENTS FOR THE PERIOD ENDING 09-30-23, 10-14-23 AND 10-28-23
TOTALING $7,132,292.80 AND ACCOUNTS PAYABLE WARRANTS DATED 09-28-
23, 10-12-23 AND 10-26-23 TOTALING $18,612,138.97, IN THE AGGREGATE
AMOUNT OF $25,744,431.77, DRAWN ON BANK OF AMERICA."
F. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE
PERIOD OF OCTOBER 1 THROUGH OCTOBER 31, 2023
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, CARRIED 5-0, to receive and file the report of Staff
Authorized Agreements and Purchase Orders for the period of October 1 through October
31, 2023.
City Council Minutes December 14, 2023
City of Palm Springs Page 4
G. APPROVAL OF PARCEL MAP 38536 RECOMMENDATION:
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to adopt a Resolution No. 25162, entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PARCEL MAP 38536 FOR PROPERTY LOCATED AT 2805 ANZA
TRAIL, IN SECTION 25, TOWNSH IP 4 SOUTH, RANGE 4 EAST.”
H. APPROVAL OF TRACT MAP 37706 AND A SUBDIVISION IMPROVEMENT
AGREEMENT WITH TOLL WEST COAST LLC, A DELAWARE LIMITED
LIABILITY COMPANY
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to adopt a Resolution No. 25163, entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING TRACT MAP 37706 AND AN ASSOCIATED SUBDIVISION
IMPROVEMENT AGREEMENT WITH TOLLWEST COAST LLC, A DELAWARE
LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED AT 1000 NORTH
GENE AUTRY TRAIL, IN SECTION 7, TOWNSHIP 4 SOUTH, RANGE 5 EAST.”
I. APPROVAL OF AMENDMENT NO. 2 TO THE POST-CONSTRUCTION
SERVICES AGREEMENT WITH ENGIE SERVICES U.S., INC., A DELAWARE
CORPORATION, RELATED TO THE OPERATION AND MAINTENANCE OF
THE MUNICIPAL CO-GENERATION PLANT
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to:
1. Approve Amendment No. 2 to Post-Construction Services Agreement (A8470) with
ENGIE Services U.S., Inc., a Delaware corporation, for a one-time cost of two hundred
eighty-seven thousand, three hundred forty-five dollars ($287,345.00).
2. Authorize the City Manager to execute all necessary documentation.
J. ACCEPTANCE OF INSTALLATION OF THE SKYLIGHT RAILINGS, CITY
PROJECT 18-20
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to:
1. Accept the public works improvement identified as installation the Skylight Railings,
City Project No. 18-20, 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 Skylight Railings, City
Project No. 18-20.
City Council Minutes December 14, 2023
City of Palm Springs Page 5
K. ACCEPTANCE OF INSTALLATION OF THE DESERT HIGHLAND TRAFFIC
SIGNAL, INDIAN CANYON DRIVE AND ROSA PARKS ROAD, CITY PROJECT
NO. 20-19
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to
1. Accept the public works improvement identified as installation of the Desert Highland
Traffic Signal, Indian Canyon Drive and Rosa Parks Road, City Project No. 20 -19, as
completed in accordance with the plans and specifications.
2. Authorize the City Engineer to execute and file for recordation with the Riverside
County Recorder a Notice of Completion for installation of the Desert Highland Traffic
Signal, Indian Canyon Drive and Rosa Parks Road, City Project No. 20-19.
L. ACCEPTANCE OF THE TRAFFIC SIGNAL INSTALLATION, SAN RAFAEL
DRIVE AND AVENIDA CABALLEROS, CITY PROJECT NO. 20-33
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to:
1. Accept the public works improvement identified as Installation of the Traffic Signal
Installation, San Rafael Drive and Avenida Caballeros, City Project No. 20-33, as
completed in accordance with the plans and specifications.
2. Authorize the City Engineer to execute and file for recordation with the Riverside
County Recorder a Notice of Completion for installation of the Traffic Signal
Installation, San Rafael Drive and Avenida Caballeros, City Project No. 20-33.
M. ACCEPTANCE OF THE BOYS AND GIRLS CLUB DRAINAGE REPAIR, CITY
PROJECT 22-20B
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to:
1. Accept the Boys and Girls Club Drainage Repair, City Project No. 22-20B, as
completed in accordance with the plans and specifications.
2. Authorize the City Engineer to execute and file for recordation with the Riverside
County Recorder a Notice of Completion for installation of Boys and Girls Club
Drainage Repair, City Project No. 22-20B.
N. ACCEPTANCE OF DEMUTH DOG PARK INTERIM MEASURES SHADE
STRUCTURE, CITY PROJECT NO. 22-20C
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to:
1. Accept the public works improvement identified as Demuth Park Interim Measures
Shade Structure, City Project No. 22-20C (“Project”), as completed in accordance with
the plans and specifications.
2. Authorize the City Engineer to execute and file for recordation with the Riverside
County Recorder a Notice of Completion for Demuth Park Interim Measures Shade
Structure, City Project No. 22-20C.
City Council Minutes December 14, 2023
City of Palm Springs Page 6
O. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID THE HIGHWAY SAFETY IMPROVEMENT
PROGRAM (HSIP) CYCLE 9 TRAFFIC SIGNAL MODIFICATIONS, FEDERAL
AID PROJECT NO. HSIPLN-5282(049), CITY PROJECT NO. 18-05
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to approve the plans, specifications and estimate and authorize
Staff to advertise and solicit bids for the Highway Safety Improvement Program (HSIP)
Cycle 9 Traffic Signal Modifications Federal-Aid Project No. HSIPLN-5282(049), City
Project No. 18-05.
P. APPEAL OF SKYCAN, LLC CONDITIONAL CANNABIS EXPIRATION
CANNABIS PERMIT NO. C-2019-098
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to grant the appeal for the extension of the Permit and adopt
Resolution No. 25164, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF SKYCAN, LLC FOR
THE EXPIRATION OF CONDITIONAL CANNABIS PERMIT NO. C-2019-098”
reflecting the granting of the extension without the payment of any penalty.
Q. SECOND READING AND ADOPTION OF ORDINANCE NO. 2090 ADDING
CHAPTER 11.102 TO TITLE 11 OF THE PALM SPRINGS MUNICIPAL CODE
ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL
POSSESSION OF CATALYTIC CONVERTERS IN THE CITY
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to waive the second reading of text in its entirety, read by title
only, and adopt Ordinance No. 2090, “AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 11.102 TO TITLE
11 OF THE PALM SPRINGS MUNICIPAL CODE ESTABLISHING REGULATIONS
PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN
THE CITY.”
R. SECOND READING AND ADOPTION OF ORDINANCE NO. 2091 OF THE CITY
OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.65 TO THE PALM
SPRINGS MUNICIPAL CODE RELATING TO THE FORMATION AND
ADMINISTRATION OF COMMERCIAL DISTRICTS
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to waive the second reading of text in its entirety, read by title
only, and adopt Ordinance No. 2091, “AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, ADDING CHAPTER 2.65 TO THE PALM SPRINGS
MUNICIPAL CODE ESTABLISHING PROCESSES AND PROCEDURES FOR THE
FORMATION OF COMMERCIAL DISTRICTS.”
City Council Minutes December 14, 2023
City of Palm Springs Page 7
S. APPROVAL OF AMENDMENT NUMBER ONE TO REIMBURSEMENT
AGREEMENT A9439 BY AND BETWEEN THE COACHELLA VALLEY
ASSOCIATION OF GOVERNMENTS AND THE CITY OF PALM SPRINGS FOR
DESIGN AND ENGINEERING SERVICES RELATED TO THE INDIAN CANYON
DRIVE FLOOD AND BLOWSAND IMPROVEMENTS
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to:
1. Approve Amendment Number One to Reimbursement Agreement No. A9439, an
agreement by and between the City of Palm Springs and the Coachella Valley
Association of Governments, for the design and engineering services of the Indian
Canyon Drive flood and blowsand improvements.
2. Authorize the City Manager to execute all necessary documents.
T. APPROVE A PARTICIPATION AGREEMENT FOR RECORDS MANAGEMENT
WITH IRON MOUNTAIN INFORMATION MANAGEMENT, LLC
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to authorize a participation agreement for records
management services from Iron Mountain Information Management, LLC, pursuant to the
Omnia Cooperative Contract 1325 for an amount of $29,445.96 for the initial one-year
term with an option to extend for two additional years.
U. APPROVE AMENDMENT NO. 3 TO THE AMENDED AND RESTATED LEASE
WITH ARENAS ASSOCIATES DBA PALM SPRINGS FUDGE & CHOCOLATES
LOCATED AT 211 SOUTH PALM CANYON
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to approve Amendment No. 3 to the Amended and Restated
Lease with Arenas Associates dba Palm Springs Fudge & Chocolates to increase the
amount of rent to $2,299.18 monthly; and authorize the City Manager or his designee to
make minor non-substantive changes and execute all necessary documents.
V. APPROVAL OF AMENDMENT NO. 2 TO THE ALLOCATED POSITIONS AND
COMPENSATION PLAN FOR FISCAL YEAR 2023-24
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to:
1. Adopt a Resolution No. 25165, entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
AMENDMENTNO. 1 TO THE ALLOCATED POSITIONS AND COMPENSATION
PLAN FOR FISCAL YEAR 2022-2023, ADOPTED BY RESOLUTION NO. 25033.”
2. Authorize the City Manager to execute all documents necessary to effectuate this
action.
City Council Minutes December 14, 2023
City of Palm Springs Page 8
W. APPROVE CONTRACT SERVICES AGREEMENT NO. 23B363 WITH
DEANGELO CONTRACTING SERVICES, LLC FOR ON-CALL WEED
ABATEMENT SERVICES FOR PALM SPRINGS INTERNATIONAL AIRPORT
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to approve Contract Services Agreement 23B363 with
DeAngelo Contracting Services, LLC to provide on-call weed abatement services for the
Palm Springs International Airport in an amount not to exceed $450,000 for the initial three-
year term beginning January 1, 2024, through December 31, 2026, with two one -year
extension options at the City’s sole discretion; and authorize the City Manager or designee
to execute all necessary documents.
X. ADOPT A RESOLUTION AUTHORIZING THE FILINGS OF AN APPLICATION
FOR THE CALIFORNIA CLIMATE INVESTMENTS WILDFIRE PREVENTION
GRANTS PROGRAM
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to adopt a Resolution No. 25166, entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR THE CALIFORNIA
CLIMATE INVESTMENTS WILDFIRE PREVENTION PROGRAM.”
Y. APPROVE CONTRACT SERVICES AGREEMENT NO. 23B364 WITH GENESIS
FLOOR COVERING, INC. FOR ON-CALL FLOORING REPAIR AND
REPLACEMENT SERVICES FOR PALM SPRINGS INTERNATIONAL
AIRPORT
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to approve Contract Services Agreement 23B364 with
Genesis Floor Covering, Inc. to provide on-call flooring repair and replacement services
for the Palm Springs International Airport in an amount not to exceed $600,000 for the
initial three-year term beginning January 1, 2024, through December 31, 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.
Z. APPROVE COOPERATIVE PURCHASE AGREEMENT WITH SHADE
STRUCTURES, INC., DBA USA SHADE & FABRIC STRUCTURES, FOR THE
PURCHASE AND INSTALLATION OF SHADE STRUCTURES FOR THE PALM
SPRINGS INTERNATIONAL AIRPORT
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to approve Cooperative Purchase Agreement No. 23C366 with
Shade Structures Inc. dba USA Shade & Fabric Structures to provide shade structures and
installation for the Palm Springs International Airport for a one-year term in an amount not
to exceed $ 247,633.89; and authorize the City Manager or designee to execute all
necessary documents.
City Council Minutes December 14, 2023
City of Palm Springs Page 9
AA. APPROVE LICENSE AGREEMENT NO. A9460 WITH MOBILEMONEY, INC.
TO PROVIDE THREE AUTOMATED TELLER MACHINES AT THE PALM
SPRINGS INTERNATIONAL AIRPORT
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to approve License Agreement No. A9460 with
MobileMoney, Inc. to provide three ATM services for the Palm Springs International
Airport for the initial one-year term beginning January 1, 2024, through December 31,
2024; and authorize the City Manager or designee to execute all necessary documents.
BB. A REQUEST BY PS SOCIAL GROUP INC (DBA-HYPHEN WINE SHOP) FOR A
RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) FOR A
TYPE 42 LIQUOR LICENSE FOR ON-SITE CONSUMPTION AND TASTINGS
LOCATED AT 1007 NORTH PALM CANYON DRIVE, ZONE C-1 (CASE 5.1535
PCN)
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to adopt a Resolution No. 25167, 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 ALCOHOLIC BEVERAGE CONTROL LICENSE
TYPE 42 FOR HYPHEN, A CRAFT BEER AND ORGANIC WINE SHOP LOCATED
AT 1007 NORTH PALM CANYON DRIVE WITHIN CENSUS TRACT NUMBER
446.06.”
CC. APPROVE NON-EXCLUSIVE OPERATING AGREEMENT NO. A9461 WITH
TURO INC. TO PROVIDE PEER-TO-PEER VEHICLE SHARING AT THE PALM
SPRINGS INTERNATIONAL AIRPORT
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to approve Non-Exclusive Operating Agreement No. A9461
with Turo Inc. to provide Peer-to-Peer Vehicle Sharing services for the Palm Springs
International Airport for the initial one-year term beginning December 15, 2023, through
December 14, 2024; and authorize the City Manager or designee to execute all necessary
documents.
DD. CITY OF PALM SPRINGS DEVELOPMENT PROJECT FEE REPORT FOR
FISCAL YEAR 2022-23
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to receive and file the City’s Development Project Fee Report
for Fiscal Year 2022-23.
City Council Minutes December 14, 2023
City of Palm Springs Page 10
EE. APPROVE CONTRACT SERVICES AGREEMENT NO. 23P368 WITH
ADVANCED MANAGEMENT TECHNOLOGY, INC. DBA TETRA TECH AMT, A
TETRA TECH COMPANY, FOR AIRPORT SAFETY MANAGEMENT SYSTEM
SERVICES FOR THE PALM SPRINGS INTERNATIONAL AIRPORT
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to:
1. Approve Contract Services Agreement No. 23P368 with Advanced Management
Technology, Inc. dba Tetra Tech AMT to provide the development and implementation
of an Airport Safety Management System for the Palm Springs International Airport
for an eighteen-month term in an amount not to exceed $198,762.62 beginning January
1, 2024, through June 30, 2025.
2. Authorize the City Manager or designee to execute all necessary documents.
FF. APPROVAL OF SPECIFICATIONS AND ESTIMATE, AND AUTHORIZATION
TO BID THE 2024 PAVEMENT REHABILITATION, CITY PROJECT NO. 24-01
(MEASURE J FUNDS)
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to approve the plans, specifications and estimate and authorize
Staff to advertise and solicit bids for the 2024 Pavement Rehabilitation, City Project 24-
01.
GG. DESERT COMMUNITY ENERGY GUARANTY RECOMMENDATION:
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to:
1. Adopt a Resolution No. 25168, entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN
UNCONDITIONAL GUARANTY OF THE ELECTRICITY PROCUREMENT
OBLIGATIONS OF DESERT COMMUNITY ENERGY, NOT TO EXCEED $25
MILLION, UNDER A RESOURCE MANAGEMENT AGREEMENT WITH THE
ENERGY AUTHORITY, INC.”
2. Authorize the City Manager, in consultation with the City Attorney, to negotiate and
take such actions necessary and appropriate to finalize and execute the Guaranty and
associated documents.
HH. APPROVAL AND TRANSMITTAL OF RECOGNIZED OBLIGATIONS
PAYMENT SCHEDULE (ROPS 24-25A AND 24-25B) FOR THE PERIOD OF JULY
1, 2024, THROUGH JUNE 30, 2025, PURSUANT TO SECTION 34169(G)(1) OF
CALIFORNIA HEALTH & SAFETY CODE
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to adopt a Resolution No. 25169, entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING
SOLELY IN ITS CAPACITY AS SUCCESSOR AGENCY TO THE PALM SPRINGS
COMMUNITY REDEVELOPMENT AGENCY APPROVING THE RECOGNIZED
OBLIGATION PAYMENT SCHEDULE (ROPS 24-25 A&B) AND AN
City Council Minutes December 14, 2023
City of Palm Springs Page 11
ADMINISTRATIVE EXPENSE BUDGET FOR THE PERIOD OF JULY 1, 2024,
THROUGH JUNE 30, 2025, PURSUANT TO THE CALIFORNIA HEALTH & SAFETY
CODE.”
II. APPROVE A CONTRACT SERVICES AGREEMENT WITH MARTHA’S
VILLAGE AND KITCHEN FOR TEMPORARY OVERNIGHT SHELTER FROM
DECEMBER 15, 2023, TO MARCH 15, 2024, AT 225 EL CIELO ROAD
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to:
1. Approve the Contract Services Agreement with Martha’s Village and Kitchen to
provide temporary overnight shelter at 225 El Cielo Road from December 15, 2023, to
March 15, 2024.
2. Appropriate Funds from the Homeless Set-aside Account in the amount of $133,900 in
Fiscal Year 2024.
3. Authorize the City Manager or Designee to execute all necessary documents, including
making minor, non-substantive changes, needed to facilitate the implementation of the
Contract Services Agreement.
JJ. ADMINISTRATIVE ANALYSIS AND CONFORMITY REPORT FOR A
PROPOSED 61-UNIT RESIDENTIAL TOWNHOME DEVELOPMENT ON A 4.24-
ACRE TRIBAL TRUST PARCEL LOCATED AT THE SOUTHWEST CORNER OF
EAST AMADO ROAD AND NORTH HERMOSA DRIVE (APN: 508-070-020),
ZONE RA (RESORT ATTRACTION), SECTION 14 SPECIFIC PLAN (CASE CR-
2023-0002)
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to adopt a Resolution No. 25170, entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A CONFORMITY REPORT FOR A 61-UNIT RESIDENTIAL
TOWNHOME DEVELOPMENT ON TRIBAL TRUST LAND AT THE SOUTHWEST
CORNER OF EAST AMADO ROAD AND NORTH HERMOSA DRIVE (APN: 508-070-
020); DIRECTING STAFF TO TRANSMIT THE REPORT TO THE TRIBAL COUNCIL
OF THE AGUA CALIENTE BAND OF CAHUILLA INDIANS; AND WAIVING THE
JOINT MEETING BETWEEN THE CITY COUNCIL AND TRIBAL COUNCIL (CASE
CR-2023-0002).”
2. PUBLIC HEARINGS:
A. VACATION OF A PORTION OF PUBLIC RIGHT-OF-WAY, SHOWN AS LOT D &
LOT C, CROSSLEY TRACT, MB 32/44, AND RESERVATION OF PUBLIC
UTILITY EASEMENT, IN SECTION 29, TOWNSHIP 4, RANGE 4 EAST (ENG.
FILE R 22-04-2230)
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to open the public hearing and take testimony; and adopt
Resolution No. 25171, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE
City Council Minutes December 14, 2023
City of Palm Springs Page 12
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A VACATION AND
ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN PUBLIC RIGHT-OF-
WAY IN A PORTION OF MARGUERITE STREET AND MARTHA STREET, SHOWN
AS LOT C & LOT D, RESPECTIVELY, ON CROSSLEY TRACT, MB 32/44, AND
RESERVATION OF A PUBLIC UTILITY EASEMENT, IN SECTION 29, TOWNSHIP
4, RANGE 4 EAST (ENG. FILE R 22-04-2230), AND APPROVING A
DETERMINATION THAT THE ACTION IS CATEGORICALLY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)."
B. COUNCIL CALL-UP OF AN APPLICATION BY KAIDENCE GROUP, LLC
COMPRISED OF A DEVELOPMENT PERMIT, A VARIANCE AND
CONDITIONAL USE PERMIT FOR A PROPOSED DRIVE-THROUGH COFFEE
SHOP ON A 0.46-ACRE PARCEL LOCATED AT 2466 NORTH PALM CANYON
DRIVE, (APN 504-250-031) ZONE: PD 113, GENERAL PLAN: MIXED-USE
(CASES DP-2023-0018, CUP-2023-0020, VAR-2023-0007)
Megan Rodriguez, Roy Clark, and Kathy Weremiuk provided public hearing testimony.
Kayman Wong, the applicant, provided comments.
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-1 (WITH MAYOR PRO TEM DEHARTE VOTING NO), to
continue the item for up to 90-days, to allow the applicant to collaborate with city staff to
address the City Council’s concerns.
3. BUSINESS & LEGISLATIVE:
A. APPROVE FUNDING IN AN AMOUNT UP TO $20 MILLION TO ASSIST THE
PLAZA THEATRE FOUNDATION WITH THE RESTORATION OF THE PLAZA
THEATRE; APPROVE FUNDING AND REPAYMENT AGREEMENT BETWEEN
THE CITY OF PALM SPRINGS AND THE PALM SPRINGS PLAZA THEATRE
FOUNDATION
J.R. Roberts, Mark Hamilton, provided comments.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to approve the Funding and Repayment Agreement with
the Palm Springs Plaza Theatre Foundation and the City of Palm Springs for an amount up
to $20 million, with $7.5 million from the Measure J Fund, $5.6 million from set aside
funds, and $6.9 million from the General Fund; with a payback amount of $10 million; and
amended to include a fundraising plan, a measurable timeline with targets that line up with
the funds scheduled to be repaid, and that a project manager be assigned.
City Council Minutes December 14, 2023
City of Palm Springs Page 13
B. AWARD OF A CONSTRUCTION CONTRACT TO WOODCLIFF
CORPORATION IN THE AMOUNT OF $26,322,000; PROVIDE AUTHORITY TO
CITY MANAGER FOR CONSTRUCTION CHANGE ORDERS UP TO $3,270,066;
APPROVAL OF A TASK ORDER UNDER ON-CALL AGREEMENT NO. A8566
WITH DUDEK, INC., IN AN AMOUNT NOT TO EXCEED $487,500 FOR
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES, AND
APPROVAL OF A TASK ORDER UNDER ON-CALL AGREEMENT NO. 23PO41
WITH TSG ENTERPRISES, INC., DBA THE SOLIS GROUP, IN AN AMOUNT
NOT TO EXCEED $70,434 TO PROVIDE COMMUNITY WORKFORCE
AGREEMENT ADMINISTRATION FOR PLAZA THEATRE REHABILITATION,
CITY PROJECT 18-04
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Award a construction contract to Woodcliff Corporation in the amount of $26,322,000 for
the Plaza Theatre Rehabilitation, City Project No. 18-04;
2. Delegate authority to the City Manager or designee to approve and execute construction
contract change orders up to a total amount of $3,270,066 with all change orders reported
to the City Council;
3. Authorize the City Manager to approve a task order for project management and
inspection services from an on-call engineering service firm, Dudek, Inc., in an amount
not to exceed $487,500;
4. Authorize the City Manager to approve a task order for Community Workforce
Agreement (CWA) administration services from an on-call CWA firm, TSG Enterprises,
Inc., dba The Solis Group, in an amount not to exceed $70,434; and,
5. Authorize the City Manager or his designee to execute all necessary documents.
C. REVIEW AND APPROVE THE ROSTER OF CITY COUNCIL
SUBCOMMITTEES, APPOINTEES, LIAISONS, AND REPRESENTATIVES TO
EXTERNAL ORGANIZATIONS
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
DEHARTE, CARRIED 5-0, to review and approve the roster of City Council
subcommittees, appointees, liaisons, and representatives to external organizations; and
authorize the City Clerk to prepare and execute FPPC Form 806, Public Official
Appointments.
D. TELECONFERENCING OF CITY COUNCIL AND CITY BOARD/
COMMISSION MEETINGS
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN,
CARRIED 5-0, to adopt the pre-COVID teleconferencing rules, and continue allowing
remote participation for City staff, consultants, the public, or third parties with items on
the agenda.
City Council Minutes December 14, 2023
City of Palm Springs Page 14
PUBLIC COMMENT:
Jesse Neimeyer-Romero, Abraham Ishaq, Brad Anderson, and Francis Fernandez provided
non-agenda 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 and Mayor Bernstein provided comments.
ADJOURNMENT:
The City Council adjourned the meeting of Thursday, December 14, 2023 , at 8:59 p.m.
Respectfully submitted,
_______________________________
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: 1/11/2024