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HomeMy WebLinkAbout2024-07-25 CC Meeting Minutes (DRAFT)City of Palm Springs DRAFT Page 1 Thursday, July 25, 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, July 25, 2024, at 5:40 p.m. PLEDGE OF ALLEGIANCE: Olivia Lee Sanchez, an elementary school student, led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Christy Holstege, Grace Elena Garner, 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; 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: A. COLLEGE OF THE DESERT UPDATE Laura Hope and Scott Adkins provided a presentation. B. LIBRARY RENOVATION UPDATE Director Kays provided an update. ACCEPTANCE OF THE AGENDA: MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to accept the agenda with removal of Consent Calendar Item Nos. 1A, 1E, 1H, and 1M for separate discussion; noting the following recusals: • Recusal from Mayor Pro Tem deHarte on Consent Calendar Item Nos. 1H and 1CC; and, • Recusal from Councilmember Holstege on Consent Calendar Item No. 1Z. City Council Minutes July 25, 2024 City of Palm Springs DRAFT Page 2 REPORT OF CLOSED SESSION: SPECIAL CLOSED SESSION The Special Closed Session of the City Council of July 25, 2024, was called to order by Mayor Bernstein at 3:01 p.m. The meeting convened into Closed Session to discuss the following items as listed on the Closed Session Meeting Agenda. Mayor Bernstein announced the following reportable action after the Roll Call: • “The City Council reached an agreement in principle with PS Resorts and the Committee to Relocate Marilyn; to relocate the “Forever Marilyn” sculpture to a location which is yet to be determined in the downtown park, and move forward with the street vacation. The City expects to finalize the specific location within the downtown park within the next 30 days. The City, working with all partners, will proceed as promptly as possible to resolve the remaining logistical issues. Public Hearing Item No. 2D, the s treet vacation of a portion of Museum Way, will move forward and incorporate the terms of the agreement to its conditions. The City Council was delighted to have found a satisfactory solution to this issue, which has divided so many within our community.” 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. City of Palm Springs v. Desert Community College Dist., Riv. Sup. Ct., No. CVPS2203916. Committee to Relocate Marilyn v. City of Palm Springs, Riv. Sup. Ct., No. CVRI2101435. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(4): 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. Scott Stiles, City Manager; Flinn Fagg, Dep. City Manager; Jeffrey Ballinger, City Attorney. Desert Community College District Price and Terms of Payment Property: City Negotiator: Negotiating parties: Under negotiation: 2300 E. Baristo Rd., Palm Springs CA APN: 502-190-017 Scott Stiles, City Manager, City of Palm Springs Michael C. Green, Board President/Executive Director, Palm Springs Cultural Center Price and Terms REGULAR CLOSED SESSION The Closed Session of the City Council of July 25, 2024, was called to order by Mayor Bernstein at 4:05 p.m. City Council Minutes July 25, 2024 City of Palm Springs DRAFT Page 3 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. Worker’s Compensation Claim # 15-123261, 16-128366, 18-133696 (Michael Heron) (ADJ11116750) CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54956.8: 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 City Negotiator: Negotiating parties: Under negotiation: Property: Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; and Jeff Ballinger, City Attorney John Pavelak, Watermarke Ventures; Robert Patterson, Esq. Price and Terms Riverside County Assessor Parcel Nos. 669-372-001, 669-372-002, 669-320- 004, 669-320-005, and 669-320-007. Consisting of approximately 190 acres, located in the Chino Cone. PUBLIC TESTIMONY: Peter Moruzzi, Michael Joseph Pitkin, Tim Watts, Bryan Beak, Chloe Lowell, David Feltman, Brad Anderson, Maribel Nunez, Lauren Bright, Kate Castle, Diane Blaisdel, and Todd Hayes provided oral testimony. 1. CONSENT CALENDAR: MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to approve the consent calendar with removal of Item Nos. 1A, 1E, 1H, and 1M for separate discussion; with recusal from Mayor Pro Tem deHarte on Item Nos. 1H and 1CC; and recusal from Councilmember Holstege on Item No. 1Z. A. APPROVE A CONTRACT SERVICES AGREEMENT FOR ECONOMIC DEVELOPMENT CONSULTING SERVICES This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar. B. TREASURER’S INVESTMENT REPORT AS OF JUNE 30, 2024 MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER City Council Minutes July 25, 2024 City of Palm Springs DRAFT Page 4 MIDDLETON, CARRIED 5-0, to receive and file. C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF JUNE 1 THROUGH JUNE 30, 2024 MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of June 1 through June 30, 2024. D. APPROVE CONTRACT SERVICES AGREEMENT NO. 24P147 WITH 4LEAF, INC. FOR FIRE PREVENTION INSPECTION SERVICES MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to approve Contract Services Agreement No. 24P147 with 4LEAF, Inc. to provide fire prevention inspection services for an eighteen-month term in an amount not to exceed $273,000 beginning August 1, 2024 through January 31, 2026, with one one-year extension option at the City’s sole discretion; and authorize the City Manager or designee to execute all necessary documents. E. SECOND READING AND ADOPTION OF ORDINANCE NO. 2099, ENTITLED “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS MUNICIPAL CODE, RELATING TO REGULATING ENCAMPMENTS AND SLEEPING ON PUBLIC PROPERTY, AND DETERMINING SUCH ORDINANCE TO BE EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.” This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar. F. APPROVAL OF THREE (3) PROFESSIONAL SERVICES AGREEMENTS WITH ALBERT A. WEBB ASSOCIATES, A CALIFORNIA CORPORATION, KIMLEY- HORN AND ASSOCIATES, INC., A NORTH CAROLINA CORPORATION, AND TJKM, A CALIFORNIA CORPORATION, FOR ON-CALL TRAFFIC ENGINEERING SERVICES MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to: 1. Approve Professional Services Agreement with Albert A. Webb Associates, a California corporation, to provide “on-call” Traffic Engineering services for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager for an amount not to exceed $5,000,000; and 2. Approve Professional Services Agreement with Kimley-Horn and Associates, Inc., a North Carolina corporation, to provide “on-call” Traffic Engineering services for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager for an amount not to exceed $5,000,000; an 3. Approve Professional Services Agreement with TJKM, a California corporation, to provide “on-call” Traffic Engineering services for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager for an amount not to exceed $5,000,000; and City Council Minutes July 25, 2024 City of Palm Springs DRAFT Page 5 4. Authorize the City Manager or designee to execute all necessary Agreements and execute all task orders that fall under the Agreement value. G. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPOINTING AN INTERIM RETIRED ANNUITANT TO THE VACANCY POSITION OF DIRECTOR OF PARKS AND RECREATION FOR THE CITY OF PALM SPRINGS UNDER GOVERNMENT CODE SECTION 21221(H) EFFECTIVE JULY 29, 2024 MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to: 1. Adopt Resolution No. 25234, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPOINTING AN INTERIM RETIRED ANNUITANT TO THE VACANCY POSITION OF DIRECTOR OF PARKS AND RECREATION FOR THE CITY OF PALM SPRINGS UNDER GOVERNMENT CODE SECTION 21221(H) EFFECTIVE JULY 29, 2024.” 2. Authorize the City Manager to execute any documents necessary to effectuate the above actions. H. REQUEST BY THE MONUMENT BOARD, A SUBCOMMITTEE OF PALM SPRINGS PRIDE, TO LOCATE A PRIDE MONUMENT IN FRANCES STEVENS PARK This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar. I. AMENDMENT NO. 6 TO ASSEMBLY BILL 2766 MEMORANDUM OF UNDERSTANDING BETWEEN THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS AND MEMBER JURISDICTIONS TO PROVIDE SUSTAINABLE FUNDING OF THE REGIONAL PM10 STREET SWEEPING PROGRAM MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to: 1. Approve Amendment No. 6 to AB 2766 Memorandum of Understanding between the Coachella Valley Association of Governments and Member Jurisdictions to maintain contributions from the cities and the County at 75% to provide Sustainable Funding of the Regional PM10 Street Sweeping Program, through June 30, 2026. 2. Authorize the City Manager to execute Amendment No. 6 to the AB 2766 Memorandum of Understanding. J. EXTEND THE SERVICES AGREEMENT WITH NEOGOV FOR ONE YEAR TO PROVIDE TALENT MANAGEMENT AND PAYROLL SOFTWARE SERVICES MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to allow the Service Agreement with Neogov to auto renew for one additional year to provide talent management and payroll software services in the amount of $106,608. K. REQUEST BY THE OWNERS OF THREE HISTORIC PROPERTIES FOR APPROVAL OF MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENTS, City Council Minutes July 25, 2024 City of Palm Springs DRAFT Page 6 INCLUDING A CONDOMINIUM LOCATED AT THE VILLA ROMA GARDEN HOMES HISTORIC DISTRICT AT 2562 SOUTH SIERRA MADRE (HD-10); THE KOERNER RESIDENCE , A CLASS 1 HISTORIC SITE (HSPB 150) LOCATED AT 1275 SOUTH CALLE DE MARIA; AND A CONDOMINIUM LOCATED AT SANDCLIFF GARDEN APARTMENT HOMES (HD-5) AT 1826 BARONA ROAD MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, 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 - 2562 S. Sierra Madre (Villa Roma Garden Homes), APN: 512-120-052. • B - 1275 South Calle de Maria (Koerner Residence), APN: 508-403-003. • C - 1826 Barona Road (Sandcliff Garden Apartment Homes), APN: 510-040-031. 2. Authorize the City Manager to execute the Agreements. 3. Direct the City Clerk to record the Agreements with the County of Riverside. L. APPROVE AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE PALM SPRINGS HISTORICAL SOCIETY FOR DISBURSEMENT AND USE OF FUNDS TO OPERATE THE 1930’S GENERAL STORE MUSEUM MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to approve Disbursement and Use of Funds Agreement between the City of Palm Springs and the Palm Springs Historical Society to operate the 1930’s General Store Museum. M. SECOND READING AND ADOPTION OF ORDINANCE NO. 2100 ENTITLED, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING A NEW CHAPTER 5.92 TO THE PALM SPRINGS MUNICIPAL CODE STRICTLY REGULATING CO-OWNED HOUSING UNITS, DIRECTING THE PLANNING AGENCY TO STUDY PROPOSED UPDATES TO THE CITY’S TIMESHARE DEFINITIONS, AND DETERMINING SUCH ACTION TO EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.” This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar. N. APPROVAL OF AMENDMENT NO. 10 TO THE PROFESSIONAL SERVICES AGREEMENT WITH CNS ENGINEERS, INC., A CALIFORNIA CORPORATION (A6190), IN THE AMOUNT OF $326,678.67 FOR THE RAMON ROAD WIDENING (FROM SAN LUIS REY DR. TO LANDAU BLVD.) INCLUDING THE WHITEWATER RIVER BRIDGE WIDENING, CITY PROJECT NO. 08-25, FEDERAL-AID PROJECT NO. BHLS-5282 (040) MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to approve Amendment No. 10 in the amount of $326,678.67 to PSA No. 6190, for a new not to exceed amount of $3,767,433.13 with CNS Engineers for the Ramon Road Widening (San Luis Rey Dr. to Landau Blvd.) including the Whitewater River Bridge Widening, City Project No. 08-25, Federal-Aid Project No. BHLS-5282 (040); and City Council Minutes July 25, 2024 City of Palm Springs DRAFT Page 7 authorize the City Manager to execute all necessary documents. O. APPROVE A COOPERATIVE PURCHASE AGREEMENT FOR THE PURCHASE OF UNMANNED AERIAL VEHICLES (UAVS) AND ASSOCIATED SERVICES FOR THE PALM SPRINGS POLICE DEPARTMENT MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to approve Cooperative Purchase Agreement 24C161 of the UAVs (drones), software, care plan, and accessories through a Sourcewell cooperative purchase agreement with Advexure LLC in the amount of $171,712.98; and authorize the City Manager to execute all necessary documents. P. APPROVE A THREE-YEAR COOPERATIVE SUBSCRIPTION AGREEMENT WITH INSIGHT PUBLIC SECTOR, INC. FOR 40 FIXED ALPR CAMERAS, FLOCKOS ELITE ENHANCED LPR PACKAGE, AND CONTRACTING A CONSULTANT FOR A REAL-TIME INFORMATION CENTER IMPLEMENTATION MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to: 1. Approve Cooperative Subscription Agreement 24C162 with Insight Public Sector, Inc. for a three-year period, not to exceed $506,000 to implement Flock Safety's fixed ALPR technology, the FlockOS Elite enhanced LPR package, and a Real-Time Information Center (RTIC) consultant; and 2. Authorize the City Manager or designee to execute all necessary documents. Q. APPROVE CONTRACT SERVICES AGREEMENT NO. 24B164 WITH BUDGET HOLDINGS, INC. DBA SOLAR ART FOR WINDOW FILM INSTALLATION SERVICES MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to approve Contract Services Agreement 24B164 with Budget Holdings, Inc. dba Solar Art to provide window film installation services in an amount not to exceed $660,000 for the initial one-year term beginning August 1, 2024, through July 31, 2025, 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. R. APPROVAL OF AMENDMENT NO. 3 TO CONTRACT SERVICES AGREEMENT A8865 WITH ST. FRANCIS ELECTRIC, LLC, FOR ON-CALL TRAFFIC SIGNAL MAINTENANCE SERVICES FOR THE REMAINDER OF THEIR CONTRACT THROUGH JUNE 30, 2026 MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to: 1. Approve Amendment No. 3 to Contract Services Agreement No. 8865 with St. Francis Electric, LLC, increasing the maximum annual contract amount by $200,000 for Traffic Signal Maintenance Services for Fiscal Year 2024-2025 and Fiscal Year 2025-2026; 2. Appropriate $101,550 from the Airport Fund balance for Fiscal Year 2024-2025; and 3. Authorize the City Manager to execute all necessary documents. S. APPROVE LAW ENFORCEMENT SERVICES AGREEMENT BETWEEN PALM City Council Minutes July 25, 2024 City of Palm Springs DRAFT Page 8 SPRINGS UNIFIED SCHOOL DISTRICT AND CITY OF PALM SPRINGS, THROUGH ITS POLICE DEPARTMENT, FOR SCHOOL RESOURCE OFFICER SERVICES MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to approve an agreement with the Palm Springs Unified School District to provide a full-time police officer (School Resource Officer) on the campus of Palm Springs High School and Desert Learning Academy for one year, expiring at the end of the 2024/2025 school year; and authorize the City Manager to execute all necessary documents. T. APPROVAL OF AMENDMENT NO. 9 TO LEASE AGREEMENT NO. A3613 WITH PALM SPRINGS AIR MUSEUM, INC. AT THE PALM SPRINGS INTERNATIONAL AIRPORT MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to approve a ten-year lease extension for the Palm Springs Air Museum, Inc. and include a Consumer Price Index increase for certain fees for a period commencing August 1, 2024, through November 29, 2045; and authorize the City Manager or designee to execute all necessary documents. U. APPROVAL OF AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT NO. A9391 WITH MEAD & HUNT, INC. FOR PROFESSIONAL CONSULTING SERVICES FOR THE PALM SPRINGS INTERNATIONAL AIRPORT COMPREHENSIVE AIRPORT MASTER PLAN MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to: 1. Approve Amendment No. 2 to Contract Services Agreement No. A9391 with Mead & Hunt, Inc. to extend the schedule for professional consulting services for the Palm Springs International Airport Comprehensive Airport Master Plan to a completion date of July 30, 2026, for an additional amount of $376,340 and not to exceed $2,709,476. 2. Appropriate $376,340 from the Airport Capital Project Fund 416 to Airport Account 4167065-80000 in Fiscal Year 2024-25. 3. Authorize the City Manager or designee to execute all necessary documents. V. AUTHORIZE A TASK ORDER IN THE AMOUNT OF $120,000 WITH KIMLEY-HORN AND ASSOCIATES INC., PURSUANT TO ON-CALL AGREEMENT A8342 FOR THE EVALUATION OF A TRAFFIC SIGNAL INSTALLATION AT INDIAN CANYON AND VIA ESCUELA, CITY PROJECT NO. 24-05 MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to authorize a Task Order with Kimley-Horn and Associates, Inc., pursuant to On-Call Agreement No. A8342, in an amount not to exceed $120,000 for traffic engineering services for the evaluation of a Traffic Signal Installation at Indian Canyon and Via Escuela, City Project No. 24-05; and authorize the City Manager to execute all necessary documents. W. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO RELEASE SUBDIVISION IMPROVEMENT SECURITIES FOR THE “CODY PLACE” TRACT, TRACT MAP 33575 City Council Minutes July 25, 2024 City of Palm Springs DRAFT Page 9 MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to adopt a Resolution No. 25235, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING ACCEPTANCE OF THE SUBDIVISION IMPROVEMENTS ASSOCIATED WITH TRACT MAP 33575 AND AUTHORIZING RELEASE OF SECURITIES REQUIRED BY THE SUBDIVISION IMPROVEMENT AGREEMENT WITH TOLL WEST INC., A DELAWARE CORPORATION, (A6730), FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF SOUTH PALM CANYON DRIVE AND MESQUITE AVENUE, IN SECTION 23, TOWNSHIP 4 SOUTH, RANGE 4 EAST.” X. ACCEPT A GRANT AWARD FROM THE CALIFORNIA PUBLIC UTILITIES COMMISSION IN THE AMOUNT OF $56,196 MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to accept a grant award from the California Public Utilities Commission in the amount of $56,196. Y. APPROVAL OF A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A SUSTAINABLE TRANSPORTATION PLANNING GRANT FROM THE CALIFORNIA DEPARTMENT OF TRANSPORTATION MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to: 1. Adopt Resolution No. 25236, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF A SUSTAINABLE TRANSPORTATION PLANNING GRANT FROM THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR A COMPREHENSIVE SHADE AND HEAT MITIGATION PLAN FOR MULTI-MODAL TRANSPORTATION.” 2. Authorize the City Manager to execute all necessary documents. Z. APPROVAL OF TRACT MAP 38049 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH AG LAND INVESTMENTS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY The consent calendar motion is as follows, with Councilmember Holstege recusing: MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 4-0 (WITH RECUSAL FROM COUNCILMEMBER HOLSTEGE), to adopt Resolution No. 25237, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 38049 AND AN ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT WITH AG LAND INVESTMENTS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED AT 2700 E ALEJO ROAD, IN SECTION 12, TOWNSHIP 4 SOUTH, RANGE 4 EAST.” AA. APPROVAL OF TRACT MAP 38416 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH 12@ LAS PALMAS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY City Council Minutes July 25, 2024 City of Palm Springs DRAFT Page 10 MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to adopt Resolution No. 25238, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 38416 AND AN ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT WITH 12@ LAS PALMAS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED AT 1424 CAMINO NORTE, IN SECTION 10, TOWNSHIP 4 SOUTH, RANGE 4 EAST.” BB. RECORDS RETENTION SCHEDULE AND DESTRUCTION PROCEDURE RECOMMENDATION: MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to adopt Resolution No. 25239, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A REVISED RECORDS RETENTION AND DESTRUCTION SCHEDULE AND AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS IN ACCORDANCE WITH STATE AND FEDERAL LAW.” CC. APPROVE AN AMENDED LEASE AGREEMENT WITH THE LGBTQ COMMUNITY CENTER OF THE DESERT FOR TENANT SPACE AT 2901 EAST ALEJO ROAD FOR A FOOD BANK USE MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 4-0 (WITH RECUSAL FROM MAYOR PRO TEM DEHARTE), to approve Amendment No. 1 to the Lease Agreement between the City of Palm Springs and the LGBTQ Community Center of the Desert for tenant space at 2901 E. Alejo Road, Palm Springs, California; and authorize the City Manager or designee to execute all necessary documents. EXCLUDED CONSENT CALENDAR: A. APPROVE A CONTRACT SERVICES AGREEMENT FOR ECONOMIC DEVELOPMENT CONSULTING SERVICES MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to: 1. Approve Contract Services Agreement No. 24P168 with CVL Economics LLC to provide economic development consulting services for an amount not to exceed $375,080 for a three- year term with two one-year options to renew at the City’s sole discretion. 2. Appropriate and budget funds in the amount of $137,730 for the Airport budget for the FY from the Airport Fund 415 to the account 4157020-40105 in Fiscal Year 2024-25. 3. Authorize the City Manager or designee to execute all necessary documents. E. SECOND READING AND ADOPTION OF ORDINANCE NO. 2099, ENTITLED “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS MUNICIPAL CODE, RELATING TO REGULATING ENCAMPMENTS AND SLEEPING ON PUBLIC PROPERTY, AND DETERMINING SUCH ORDINANCE TO BE EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.” City Council Minutes July 25, 2024 City of Palm Springs DRAFT Page 11 MOTION BY MAYOR BERNSTEIN, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 4-1 (WITH COUNCILMEMBER GARNER VOTING NO), to waive the second reading of the ordinance text in its entirety, ready by title only, and adopt Ordinance No. 2099, entitled "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS MUNICIPAL CODE, RELATING TO REGULATING ENCAMPMENTS AND SLEEPING ON PUBLIC PROPERTY, AND DETERMINING SUCH ORDINANCE TO BE EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT." H. REQUEST BY THE MONUMENT BOARD, A SUBCOMMITTEE OF PALM SPRINGS PRIDE, TO LOCATE A PRIDE MONUMENT IN FRANCES STEVENS PARK MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR BERNSTEIN, CARRIED 4-0 (WITH RECUSAL FROM MAYOR PRO TEM DEHARTE), to approve the proposed request and authorize the City Manager to execute any necessary documents, as amended. M. SECOND READING AND ADOPTION OF ORDINANCE NO. 2100 ENTITLED, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING A NEW CHAPTER 5.92 TO THE PALM SPRINGS MUNICIPAL CODE STRICTLY REGULATING CO-OWNED HOUSING UNITS, DIRECTING THE PLANNING AGENCY TO STUDY PROPOSED UPDATES TO THE CITY’S TIMESHARE DEFINITIONS, AND DETERMINING SUCH ACTION TO EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.” MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 3-2 (WITH COUNCILMEMBER GARNER AND MAYOR BERNSTEIN VOTING NO), to waive the second reading of the ordinance text in its entirety, ready by title only, and adopt Ordinance No. 2100, entitled, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING A NEW CHAPTER 5.92 TO THE PALM SPRINGS MUNICIPAL CODE STRICTLY REGULATING CO-OWNED HOUSING UNITS, DIRECTING THE PLANNING AGENCY TO STUDY PROPOSED UPDATES TO THE CITY’S TIMESHARE DEFINITIONS, AND DETERMINING SUCH ACTION TO EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT." 2. PUBLIC HEARINGS: A. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS CITYWIDE FOR FISCAL YEAR 2024-2025 MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to: 1. Open the Public Hearing and take public testimony; and 2. Adopt Resolution No. 25240, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE ENGINEER’S REPORT AND ORDERING THE CONTINUED OPERATION AND MAINTENANCE City Council Minutes July 25, 2024 City of Palm Springs DRAFT Page 12 OF IMPROVEMENTS FOR STREET LIGHTING MAINTENANCE DISTRICT NO. 3, AND PARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 (ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12, AND ORDERING THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2024/2025.” B. AN APPLICATION BY TODD HAYS FOR HISTORIC DESIGNATION OF THE “ALBERT FREY BEL VISTA HOME #3” LOCATED AT 1150 NORTH CALLE ROLPH (APN 507-124-011), CASE HSPB #156 MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to: 1. Open the public hearing and receive public testimony. 2. Close the public hearing and adopt Resolution No. 25241, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE “ALBERT FREY BEL VISTA HOME #3” LOCATED AT 1150 NORTH CALLE ROLPH, AS A CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB #156, SUBJECT TO CONDITIONS (APN 507-124-011).” C. AN APPLICATION BY THE CITY OF PALM SPRINGS FOR HISTORIC SITE DESIGNATION OF THE GAS COMPANY BUILDING LOCATED AT 211 NORTH SUNRISE WAY (APN 508-070-016), CASE HSPB #158 MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to: 1. Open the public hearing and receive public testimony. 2. Close the public hearing and adopt Resolution No. 25242, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE GAS COMPANY BUILDING LOCATED AT 211 N. SUNRISE WAY, AS A CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB #158, SUBJECT TO CONDITIONS (APN 508-070-016).” D. VACATION OF RIGHT-OF-WAY FOR PUBLIC VEHICULAR ACCESS OVER A PORTION OF MUSEUM WAY BETWEEN BELARDO ROAD AND MUSEUM DRIVE TO FACILITATE THE PERMANENT INSTALLATION OF THE “FOREVER MARILYN” STATUE AT THAT LOCATION, SHOWN AS LOT ‘A’ OF PARCEL MAP NO. 36446, SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST (ENG. FILE R 23-15- 0250); ADDENDUM #3 TO THE MUSEUM MARKET PLAZA SPECIFIC PLAN (AKA DOWNTOWN SPECIFIC PLAN) FINAL ENVIRONMENTAL IMPACT REPORT MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to: 1. Open the public hearing and take testimony; and, 2. Adopt Resolution No. 25243, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A VACATION AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN PUBLIC RIGHT-OF- WAY FOR VEHICULAR ACCESS OVER A PORTION OF MUSEUM WAY FROM BELARDO ROAD TO MUSEUM DRIVE, SHOWN AS LOT ‘A’ OF PARCEL MAP NO. 36446, SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST (ENG. FILE R 23-15- City Council Minutes July 25, 2024 City of Palm Springs DRAFT Page 13 0250), DIRECTING STAFF TO RESERVE A PUBLIC UTILITY EASEMENT FOR PEDESTRIAN AND NON-MOTORIZED ACCESS AND FOR PUBLIC UTILITIES, ADOPTING ADDENDUM #3 TO THE MUSEUM MARKET PLAZA SPECIFIC PLAN FINAL ENVIRONMENTAL IMPACT REPORT, AND DETERMINING THAT In accordance with Public Resources Code Section 21166 and SectionS 15162 AND 15164 of the CEQA Guidelines THE PROPOSED ACTION would not result in any new or more significant impactS than those identified in the previously certified Final Environmental Impact Report, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program.” 3. BUSINESS & LEGISLATIVE: A. INTRODUCTION OF AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, DELETING SECTION 10.20.060 “OWNER’S RIGHT TO REDEEM ANIMAL FROM PURCHASER” AND SECTION 10.20.070 “OWNER’S LIABILITY TO CITY WHEN REDEEMING ANIMAL FROM PURCHASER”, AND AMENDING SECTION 10.20.030 REGARDING “DISPOSITION OF UNCLAIMED ANIMALS” MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to waive the reading of the ordinance text in its entirety and read by title only; and introduce on first reading an Ordinance No. 2101, entitled “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, DELETING SECTION 10.20.060 “OWNER’S RIGHT TO REDEEM ANIMAL FROM PURCHASER” AND SECTION 10.20.070 “OWNER’S LIABILITY TO CITY WHEN REDEEMING ANIMAL FROM PURCHASER ,” AND AMENDING SECTION 10.20.030 REGARDING “DISPOSITION OF UNCLAIMED ANIMALS.” B. PROPOSED PICKLEBALL COURT COMPLEX PROJECT AND FUNDING MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to: 1. Approve City Project 22-24, Demuth Park Pickleball Expansion project conceptual design; 2. Appropriate $2.5 million from Quimby fund balance and $2 million from Measure J fund; 3. Authorize the City Manager or designee to execute all necessary documents. PUBLIC COMMENT: Frank Tysen, Paul Hokemeyer, Vaughan Davies, Abraham Ishaq, Dr. Jesse Neimeyer-Romero, Michael Joseph Pitkin 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. ADJOURNMENT: The City Council adjourned the meeting of Thursday, July 25, 2024, at 11:05 p.m. City Council Minutes July 25, 2024 City of Palm Springs DRAFT Page 14 Respectfully submitted, ________________________ Brenda Pree, MMC, CERA City Clerk APPROVED BY CITY COUNCIL: