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HomeMy WebLinkAbout2025-04-23 CC Meeting Minutes - SIGNEDCity of Palm Springs DRAFT MINUTES Page 1 Wednesday, April 23, 2025 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 deHarte on Wednesday, April 23, 2025, at 5:30 p.m. PLEDGE OF ALLEGIANCE: Jorge Martinez, Palm Springs High School student, led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Jeffrey Bernstein, Grace Elena Garner, and David Ready; Mayor Pro Tem Naomi Soto; and Mayor Ron deHarte. Absent: None. City Staff Present: Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; Flinn Fagg, Deputy City Manager; Jeremy Hammond, Deputy City Manager; Elizabeth Hull, City Attorney; Melissa Cain, Police Captain; 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. ECONOMIC DEVELOPMENT UPDATE Chief Economic Development Officer Wayne Olson presented Adam Fowler of CVL Economics, who provided a presentation. PROCLAMATIONS: Mayor deHarte announced the issuance of the following proclamations and/or acknowledgments: • Helen Hunt Jackson was recognized on April 16 and received the 477th star on the Palm Springs Walk of Stars. • April 22nd was proclaimed as Earth Day. • April 26th was recognized as Arbor Day. • Elinor Harriot was recognized on April 25th with the 478th star on the Palm Springs Walk of Stars. • Palm Springs Gay Men’s Chorus was recognized on April 27th for their 25 years entertainment. • Saving Nature Film Festival Day was acknowledged as May 1st. City Council Minutes April 23, 2025 City of Palm Springs DRAFT MINUTES Page 2 ACCEPTANCE OF THE AGENDA: MOTION BY MOTION BY COUNCILMEMBER BERNSTEIN, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to accept the agenda with the removal of Consent Calendar Item No. 1F for separate discussion. REPORT OF CLOSED SESSION: The Closed Session of the City Council of April 23, 2025, was called to order by Mayor deHarte at 3:30 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): Prescott Friesth Griffith and Gregory Wayne Fletcher v. Joseph Ralph Simone II, et al., Riv. Sup. Ct., No. CVPS2303174 CONFERENCE WITH LEGAL COUNSEL—INITIATION OF LITIGATION, Pursuant to Government Code Section 54956.9(d)(4): 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 were two (2) matters. CONFERENCE WITH LABOR NEGOTIATORS, Pursuant to Government Code Section 54957.6: City Negotiators: Employee organization: Scott Stiles, City Manager Stephanie George, Human Resources Director Peter Brown, Legal Counsel Palm Springs Police Officers Association (PSPOA) Palm Springs Police Management Association (PSPMA) PUBLIC TESTIMONY: Billy Wylie, David Norgard, and Joseph Michael Pitkin provided oral testimony. 1. CONSENT CALENDAR: MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to approve the Consent Calendar with the removal of Item No. 1F for separate discussion. City Council Minutes April 23, 2025 City of Palm Springs DRAFT MINUTES Page 3 A. APPROVAL OF MINUTES MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to: Approve the City Council Meeting Minutes of April 9, 2025. B. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF MARCH 1 THROUGH MARCH 31, 2025 MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to: Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of March 1 through March 31, 2025. C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to: Adopt Resolution No. 25289, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 03-15-25 AND 03-29-25 TOTALING $5,217,167.20 AND ACCOUNTS PAYABLE WARRANTS DATED 03-13-25 AND 03-27-25 TOTALING $12,072,688.82, IN THE AGGREGATE AMOUNT OF $17,289,856.02 DRAWN ON BANK OF AMERICA." D. ACCEPTANCE OF A RESIGNATION FROM THE SUSTAINABILITY COMMISSION MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to: Accept the resignation of Andrew Forster from the Sustainability Commission, effective immediately. E. APPROVAL OF AMENDMENT NO. 2 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2024-25 COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to: Adopt Resolution No.25290, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2024-2025, ADOPTED BY RESOLUTION NO. 25225.” Authorize the City Manager to execute all documents necessary to effectuate this action. F. AUTHORIZE THE DISPLAY OF THE JUNETEENTH FLAG AT CITY HALL ON JUNE 19TH This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar. G. APPROVAL OF A FUNDING/COOPERATIVE AGREEMENT WITH RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (RCFC) AND THE CITY FOR THE CONSTRUCTION OF PALM SPRINGS MASTER DRAINAGE PLAN (MDP) LINE 6, STAGE 3 City Council Minutes April 23, 2025 City of Palm Springs DRAFT MINUTES Page 4 MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to: 1. Approve a Funding/Cooperative Agreement between the Riverside County Flood Control and Water Conservation District and the City of Palm Springs, associated with the construction, operation, and maintenance of flood control improvements identified as Palm Springs Master Drainage Plan (MDP) Line 6, Stage 3; and 2. Authorize the City Manager to execute all necessary documents. H. AWARD OF A CONTRACT AND APPROVAL OF TASK ORDERS FOR THE 2025 PAVEMENT REHABILITATION PROJECT (CITY PROJECT NO. 25-01) INCLUDING APPROVAL OF A CONSTRUCTION CONTRACT TO MATICH CORPORATION, A CALIFORNIA CORPORATION, IN THE AMOUNT OF $7,903,650; APPROVAL OF A TASK ORDER UNDER ON-CALL AGREEMENT NO. A8566 WITH DUDEK, INC., IN AN AMOUNT NOT TO EXCEED $205,000 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 $12,900 TO PROVIDE COMMUNITY WORKFORCE AGREEMENT ADMINISTRATION MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to: 1. Award a construction contract to Matich Corporation in the amount of $7,903,650 for the 2025 Pavement Rehabilitation, City Project 25-01; 2. Authorize the City Manager to approve a task order for project management and inspection services from an on-call engineering services firm, Dudek, Inc., in an amount not to exceed $205,000; 3. 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 $12,900; 4. Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $1,000,000 with all change orders reported to the City Council; 5. Appropriate $610,000 from the Wastewater Fund balance; and 6. Authorize the City Manager or his designee to execute all necessary documents. I. APPROVE CONTRACT SERVICE AGREEMENT 25I099 WITH DIGITAL RADIUS, LLC TO PROVIDE PROJECT MANAGEMENT SOFTWARE FOR A FIVE-YEAR TERM MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to: 1. Approve contract services agreement 25I099 with Digital Radius, LLC for a five-year term to provide project management software for an amount not to exceed $223,788.07. 2. Waive the requirement of Section 7.03.02 1(d) of the Palm Springs Municipal Code requiring formal solicitation and accept the informal solicitation process utilized. 3. Authorize the City Manager or designee to execute all necessary documents. City Council Minutes April 23, 2025 City of Palm Springs DRAFT MINUTES Page 5 J. AWARD OF A CONTRACT AND TASK ORDERS FOR THE GENE AUTRY TRAIL WIND WALL (CITY PROJECT NO. 18-14) INCLUDING APPROVAL OF A CONSTRUCTION CONTRACT TO DEARK E&C INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $2,195,800; APPROVAL OF A TASK ORDER UNDER ON-CALL AGREEMENT NO. A8569 WITH SOUTHSTAR ENGINEERING & CONSULTING INC., IN AN AMOUNT NOT TO EXCEED $240,666 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 $13,920 TO PROVIDE COMMUNITY WORKFORCE AGREEMENT ADMINISTRATION MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to: 1. Award a construction contract to Deark E&C Inc. in the amount of $2,195,800 for the Gene Autry Trail Wind Wall, City Project 18-14 (“Project”); 2. Authorize the City Manager to approve a task order with Southstar Engineering & Consulting Inc., in an amount not to exceed $240,666 for construction management services related to the Project; 3. 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 $13,920; 4. Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $439,160 with all change orders reported to the City Council; 5. Appropriate $551,790 from the Capital Fund balance; and 6. Authorize the City Manager or his designee to execute all necessary documents. K. AWARD OF A CONTRACT AND TASK ORDERS FOR THE INDIAN CANYON SEWER PROJECT (CITY PROJECT NO. 01-11B) INCLUDING A CONSTRUCTION CONTRACT TO GRBCON INC, A CALIFORNIA CORPORATION, IN THE AMOUNT OF $8,108,067; APPROVAL OF A TASK ORDER UNDER ON-CALL AGREEMENT A8568 WITH NV5, INC. IN AN AMOUNT NOT TO EXCEED $526,654 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 $27,000 TO PROVIDE COMMUNITY WORKFORCE AGREEMENT ADMINISTRATION. MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to: 1. Award a construction contract to GRBCON Inc., in the amount of $8,108,067 for the construction of the Indian Canyon Sewer, City Project 01-11B (“Project”). 2. Authorize the Task Order with NV5, Inc., an on-call Construction Management Services consultant, in an amount not to exceed $526,654 for construction management services and inspection services related to the Project; City Council Minutes April 23, 2025 City of Palm Springs DRAFT MINUTES Page 6 3. Authorize the City Manager to approve a task order for Community Workforce Agreement (CWA) administration services from an on-call CWA firm, The Solis group, in an amount not to exceed $27,000; 4. Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $1,225,000 with all change orders reported to the City Council. 5. Appropriate $9,916,721 from the Wastewater Fund Balance. 6. Authorize the City Manager or his designee to execute all necessary documents. L. ACCEPT AN AWARD FROM THE U.S. DEPARTMENT OF JUSTICE IN THE AMOUNT OF $18,815, APPROVE AN INTERLOCAL AGREEMENT WITH OTHER PARTICIPATING RIVERSIDE COUNTY CITIES AND THE COUNTY OF RIVERSIDE, AND AUTHORIZE ADMINISTRATION OF THE GRANT MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to: 1. Approve the acceptance of a grant award from the United States Department of Justice in the amount of $18,815 for the 2023 Justice Assistance Grant (JAG) Program. 2. Approve Interlocal Agreement 25G092 with the County of Riverside and various cities within Riverside County, authorizing the County of Riverside to administer the grant on behalf of participating agencies. 3. Authorize the City Manager to execute all necessary documents. M. REJECT ALL BIDS FOR THE AIRPORT BAGGAGE HANDLING SYSTEM IN-LINE SCREENING PROJECT, AIRPORT PROJECT PSP-04 MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to: 1. Reject the bid received on March 20, 2025 for the Airport Baggage Handling System In-Line Screening, Airport Project PSP-04 (the “Project”); and 2. Authorize Staff to rebid the Project. N. RATIFYING THE ANNUAL ADJUSTMENT OF THE ACCESS LINE RATE PURSUANT TO PALM SPRINGS MUNICIPAL CODE 3.39.050 APPROVED BY VOTERS BY MEASURE “G” MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to: Adopt Resolution No. 25291, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RATIFYING THE ANNUAL ADJUSTMENT OF THE ACCESS LINE RATE PURSUANT TO PALM SPRINGS MUNICIPAL CODE §3.39.050 APPROVED BY VOTERS BY MEASURE “G.” O. APPROVAL OF PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID THE PALM SPRINGS PUBLIC LIBRARY RENOVATION PROJECT, CITY PROJECT 16-08 MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to: City Council Minutes April 23, 2025 City of Palm Springs DRAFT MINUTES Page 7 1. Approve the plans, specifications and estimate and authorize Staff to advertise and solicit bids for the Palm Springs Public Library Renovation Project, City Project 16-08 (“the Project”). 2. Authorize the City Manager to execute all necessary documents. P. APPROVE CONTRACT SERVICES AGREEMENT NO. 25P094 WITH CONSTANT TECHNOLOGIES, INC., FOR REAL TIME OPERATIONS CENTER FOR PALM SPRINGS POLICE DEPARTMENT MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to: 1. Approve Contract Services Agreement No. 25P094 with Constant Technologies, Inc. to provide design, delivery, installation, and project management to set up a Real Time Operations Center in an amount not to exceed $518,742.17. 2. Authorize the City Manager or designee to execute all necessary documents. Q. APPROVE CONTRACT SERVICE AGREEMENT NO. 25S064 WITH VERIZON CONNECT FLEET USA LLC, TO PROVIDE VEHICLE TELEMATICS AND GPS MONITORING SERVICES MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to: 1. Approve Contract Service Agreement 25S064 with Verizon Connect Fleet USA LLC, to provide vehicle telematic GPS monitoring services in the amount not to exceed $259,934, for an initial three-year term beginning April 28, 2025, through April 27, 2028, with two one- year extension options at the City’s sole discretion; 2. Authorize the City Manager or designee to execute any necessary documents. R. SECOND READING AND ADOPTION OF ORDINANCE NO. 2110, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 2.29.010 OF THE PALM SPRINGS MUNICIPAL CODE TO EXPAND THE PLANNING COMMISSION TO EIGHT MEMBERS, SEVEN VOTING MEMBERS AND ONE NON-VOTING MEMBER.” MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to: Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2110, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 2.29.010 OF THE PALM SPRINGS MUNICIPAL CODE TO EXPAND THE PLANNING COMMISSION TO EIGHT MEMBERS, SEVEN VOTING MEMBERS AND ONE NON-VOTING MEMBER.” EXCLUDED CONSENT CALENDAR: F. AUTHORIZE THE DISPLAY OF THE JUNETEENTH FLAG AT CITY HALL ON JUNE 19TH MOTION BY COUNCILMEMBER BERNSTEIN, SECOND BY MAYOR PRO TEM SOTO , CARRIED 5-0, to: Authorize City staff to display the Juneteenth flag at City Hall on June 19th through Monday, June 23, 2025, at all City buildings. City Council Minutes April 23, 2025 City of Palm Springs DRAFT MINUTES Page 8 2. PUBLIC HEARINGS: A. ADOPT A RESOLUTION APPROVING THE 2025–2029 CONSOLIDATED PLAN, THE 2025 ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE, THE 2025–2026 COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN, AND THE COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET FOR FISCAL YEAR 2025–2026; AUTHORIZING SUBMITTAL OF THE PLANS AND BUDGET TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL ASSOCIATED AGREEMENTS; AND APPROVE THE UPDATED OWNER-OCCUPIED HOME REHABILITATION PROGRAM GUIDELINES MOTION BY COUNCILMEMBER READY, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to: 1. Open the Public Hearing for public testimony. 2. Adopt Resolution No. 25292, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE 2025–2029 CONSOLIDATED PLAN, 2025 ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE, 2025–2026 COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN, AND COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET FOR FISCAL YEAR 2025–2026; AUTHORIZING SUBMITTAL OF THE PLANS AND BUDGET TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL ASSOCIATED AGREEMENTS.” MOTION BY COUNCILMEMBER BERNSTEIN, SECOND BY MAYOR PRO TEM SOTO, CARRIED 5-0, to: Approve the updated Owner-Occupied Home Rehabilitation Program Guidelines. B. CONDUCT A PUBLIC HEARING UNDER SECTION 53083 OF THE CALIFORNIA GOVERNMENT CODE AND UNDER CHAPTER 5.26 OF THE CITY’S HOTEL OPERATIONS INCENTIVE PROGRAM, APPROVE A HOTEL OPERATIONS COVENANT BETWEEN THE CITY OF PALM SPRINGS AND NEW CHURCH II, LLC, A NEVADA LIMITED LIABILITY COMPANY, AND ARENAS BELARDO PS, LLC, A NEVADA LIMITED LIABILITY COMPANY, AND CAHUILLA CHURCH, LLC, A NEVADA LIMITED LIABILITY COMPANY, COLLECTIVELY THE OWNER Brian Hurd, Tempe Essell, Peter Moruzzi, Paul Travis, Jim Kisel, Mark Fichandler, Rick Kammerer, and Richard Weintraub provided public hearing oral testimony. MOTION BY MOTION BY COUNCILMEMBER READY, SECOND BY MAYOR PRO TEM SOTO, CARRIED 5-0, as amended, to: 1. Open the public hearing and receive public testimony; and, 2. Approve an amended Hotel Operations Covenant Agreement with The Orchid Tree Hotel and Owner; and, 3. Authorize the City Manager and City Attorney to make non-substantive changes and execute all necessary documents related to the subsidy. City Council Minutes April 23, 2025 City of Palm Springs DRAFT MINUTES Page 9 C. REVIEW AND ADOPTION OF THE USER FEE STUDY/COST ALLOCATION PLAN AND REVISED COMPREHENSIVE FEE SCHEDULE FOR FISCAL YEAR 2025/2026 The item was tabled. 3. BUSINESS & LEGISLATIVE: None. PUBLIC COMMENT: Michael Joseph Pitkin and Michael Marquez 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 regular meeting of Wednesday, April 23, 2025, at 7:40 p.m. Respectfully submitted, _________________________ Brenda Pree, MMC, CERA City Clerk DRAFT MINUTES PRESENTED TO CITY COUNCIL: 5/14/2025