Thursday, February 09, 2023
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
Pursuantto AssemblyBill 361this meetingwasconductedin partby teleconference.
CALL TO ORDER:
A RegularMeeting of the PalmSpringsCity Council wascalledto orderby Mayor Garneron Thursday, February09, 2023, at 5:30 p.m.
PLEDGE OF ALLEGIANCE:
KamrynCavoretto, 7-year-old 2ndgraderfrom CahuillaElementarySchool. Heenjoysmath, Minecraft, Legosandhis oldersisters.
ROLL CALL:
Present: CouncilmembersChristyHolstege, RondeHarte, LisaMiddleton; Mayor ProTem JeffreyBernstein; andMayor GraceElenaGarner.
Absent: None.
City Staff
Present: TeresaGallavan, InterimCity Manager, JeremyHammond, DeputyCity Manager; FlinnFagg, DeputyCityManager, JeffreyBallinger, CityAttorney; BrendaPree, City ClerkandCassandraEdney, DeputyCity Clerk, werepresentatRoll Call. Otherstaff memberspresentedreportsor respondedto questionsasindicatedin theminutes.
PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES:
None.
ACCEPTANCE OF THE AGENDA:
By consensus, theCity Councilagreedto accepttheagendawith ConsentItemNo’s 1G removed by stafffor correction.
REPORT OF CLOSED SESSION:
TheRegularClosedSessionof theCity Councilof February09, 2023wascalledto orderby Mayor Garnerat 3:32p.m.,
Themeetingconvenedinto ClosedSessionto discussthefollowing itemsaslistedontheRegular ClosedSessionMeetingAgendawith no reportableaction.
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EXISITING LITIGATION – Pursuantto GovernmentCodesection54956.9(d)(1):
Worker’s CompensationClaim # 22-160550 (AndrewCotter)
CONFERENCE WITH LEGAL COUNSEL – MATTERS CREATING SIGNIFICANT EXPOSURETO LITIGATION, Pursuantto GovernmentCodeSection54956.9(d)(2):
Two (2) mattersthat, in theopinionof theCity councilontheadviceof theCity Attorney, basedonexistingfactsandcircumstance, thereis significantexposureto litigation against theCity.
CONFERENCEWITH LEGAL COUNSEL – DISCUSSIONTO CONSIDERINITIATION OF LITIGATION, Pursuantto GovernmentCodeSection54956.9(d)(4):
Underexistingfactsandcircumstances, thereisone (1) mattertheCity Councilhasdecided or maydecideto initiate litigation.
CONFERENCEWITH REAL PROPERTYNEGOTIATOR, Pursuantto GovernmentCode Section54956.8
PropertyDescription: Highway111, within theCity of PalmSpringsjurisdictional boundaries
City Negotiator: TeresaGallavan, InterimCity Manager; JoelMontalvo, City Engineer
NegotiatingParties: CaliforniaDepartmentof Transportation (CalTrans) UnderNegotiation: PriceandTermsof transfer
Property: Lot W of Tract3554, locatedin DesertPalisadesCommunity City Negotiator: TeresaGallavan, Interim City Manager, Flinn Fagg, Dep.
City Manager
NegotiatingParties: PinnacleView, LLC
UnderNegotiation: PriceandTerms
PUBLIC COMMENT:
Mike Guerra
DannyParodi
IreneGilbert
Tiffany Poremba
KateCastle
Mark Davis
MichaelJosephPitkin
Brian Hurd
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Ginny Foat
RichardWeintraub
JoshuaGottheium
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER MIDDELTON, SECONDBY COUNCILMEMBER DEHARTE, CARRIED 5-0 to approvethe consentcalendarwith 1G beingremovedfor staffcorrection.
A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
MOTION BY COUNCILMEMBER MIDDELTON, SECONDBY COUNCILMEMBER DEHARTE, CARRIED5-0, to find thattheCity Councilhasconsideredthecircumstances of the stateof emergencyduring a proclaimedstateof emergency, and stateor local officials haveimposedor recommendedmeasuresto promotesocialdistancing, andasa result, the PalmSpringsCity Council andall of PalmSpringsBoard, Commission, and Committeemeetingsmaybeheldby videoconference, in accordancewith AB 361.
B. APPROVAL OF MINUTES:
MOTION BY COUNCILMEMBER MIDDELTON, SECONDBY COUNCILMEMBER DEHARTE, CARRIED 5-0, January26, 2023.
C. APPROVAL OF PAYROLL WARRANTS, CLAIMS, AND DEMANDS
MOTION BY COUNCILMEMBER MIDDELTON, SECONDBY COUNCILMEMBER DEHARTE, CARRIED 5-0 to adoptResolutionNo. 25085entitled, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVINGPAYMENT OF PAYROLL WARRANTS/DISBURSEMENTSFORTHE PERIOD ENDING 01-07-23 AND 01-21-23 TOTALING $ 4,265,785.49 AND ACCOUNTSPAYABLE WARRANTS DATED 01-05-23 AND 01-19-23 TOTALING 8,672,298.41, IN THE AGGREGATE AMOUNT OF $12,938,083.90, DRAWN ON BANK OFAMERICA.”
D. RATIFYING THE ANNUAL ADJUSTMENT OF THE ACCES LINE RATE PURUSANT TO PALM SPRINGS MUNICIPAL CODE 3.39.050 APPRVED BY VOTERS BY MEASURE “G”.
MOTION BY COUNCILMEMBER MIDDELTON, SECOND BY
COUNCILMEMBER DEHARTE, CARRIED 5-0 to adopt Resolution No. 25086 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
3.39.050APPROVEDBY VOTERSBY MEASURE “G”.
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E. REQUEST FOR APPROVAL OF ADDITIONAL FUNDING FOR THE TURF
CONVERSION MATHING REBATE PROGRAM
MOTION BY COUNCILMEMBER MIDDELTON, SECONDBY COUNCILMEMBER DEHARTE, CARRIED 5-0 to approveanadditionalappropriationof $300,000from the GeneralFund’s ClimateAction allocationto providea matchto DWA’s turf conversion rebate.
F. APPROVE CONTRACT SERVICE AGREEMENT NO. A9183 WITH JOHNSON
CONTROLS FIRE PROTECTION, LP TO TEST AND INSPECT THE FIRE ALARM SYSTEM AT PALM SPRINGSINTERNATIONAL AIRPORT.
MOTION BY COUNCILMEMBER MIDDELTON, SECONDBY COUNCILMEMBER DEHARTE, CARRIED 5-0 to approvecontract service agreementNo. A9183 with JohnsonControlsFireProtection, LP to testandinspectthefire alarmsystemat thePalm SpringsInternationalAirport andproviderepairsasneeded, in an amountnot to exceed 90,000, beginningJanuary1, 2023, throughDecember31, 2025.
G. SECOND READING AND ADOPTION OF ORDINANCE NO. 2082OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 5.77RELATING TO ADULT- ORIENTATED BUSINESSES
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED5-0 to pull for correctionandto beconsideredtheFirstOrdinance Readingfor OrdinanceNo. 2082 “AN ORDINANCE OFTHE CITY COUNCIL OFTHE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.77 OF THE
PALM SPRINGS MUNICIPAL CODE RELATING TO ADULT-ORIENTED
BUSINESSREGULATIONS.”
H. SECONDREADING AND ADOPTION OF ORDINANCE NO. 2081ENTITLED “ AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 16.04 OF THE PALM SPRINGS
MUNICIPAL CODE ENTITLED “ GENERAL RULES AND REGULATIONS” AND SECTION 11.08.080, RELATING TO TRESPASSON RESIDENTIAL AND PUBLIC PROPERTY.”
MOTION BY COUNCILMEMBER MIDDLETON, SECONDBY COUNCILMEMBER DEHARTE, CARRIED 5-0 to Second Reading for ordinance No. 2081, “AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER16.04OFTHE PALM SPRINGSMUNICIPAL CODE ENTITLED “ GENERAL RULES AND REGULATIONS” AND SECTION
11.08.080, RELATING TO TRESPASS ON RESIDENTIAL AND PUBLIC PROPERTY.”
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I. A REQUEST BY JOHN W. MICH, OWNER, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 1851 SANDCLIFF
ROAD, A CONTRIBUTING STRUCTURE IN THE SANDCLIFF GARDEN
APARTMENT HOMES HISTORIC DISTRICT (APN #510-040-011), (HSPB #96/HD-5)
MOTION BY COUNCILMEMBER MIDDELTON, SECONDBY COUNCILMEMBER DEHARTE, CARRIED 5-0 to; approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs, John W. Mich, and the Sandcliff HomeownersAssociation.
J. APPROVEREPAIRTO CHAIRMAN OFTHE LINKS SCULPTUREIN THE AMOUNT OF $895PUBLIC ARTSFUND
MOTION BY COUNCILMEMBER MIDDELTON, SECONDBY COUNCILMEMBER DEHARTE, CARRIED 5-0 to; approverepairsto the Chairmanof the Links sculpture locatedat124SouthPalmCanyonDrive in theamountof $895of PublicArt Funds.
K. APPROVE THE USE OF PUBLIC ART FUNDS IN THE AMOUNT OF $3,333FOR
THE PALM SPRINGSART MUSEUM BLACK HISTORY MONTH ART EVENT
MOTION BY COUNCILMEMBER MIDDELTON, SECONDBY COUNCILMEMBER DEHARTE, CARRIED 5-0 to approvefunding in the amountof $3,333 of Public Art Fundsto thePalmSpringsArt Museumfor BlackHistory Month artistfees.
L. ACCEPT AN AWARD FROM THE U.S. DEPARTMENT OF JUSTICE IN THE AMOUNT OF $ 20,398, APPROVE AN INTERLOCAL AGREEMENT WITH
OTHER PARTICIPATING RIVERSIDE COUNTY CITIES AND THE COUNTY OF RIVERSIDE, AND AUTHORIZE ADMINISTRATION OF THE GRANT.
MOTION BY COUNCILMEMBER MIDDELTON, SECONDBY COUNCILMEMBER DEHARTE, CARRIED 5-0 to approvethe acceptanceof a grantawardfrom the United StatesDepartmentof Justicein the amountof $20,398 for the 2022 JusticeAssistance Grant (JAG) Programand approveInterlocal Agreement23F014with the County of Riversideandvariouscitieswithin RiversideCounty, authorizingtheCountyof Riverside to administerthegranton behalfof participatingagencies.
2. PUBLIC HEARINGS:
A. AP AN APPLICATION BY THE CITY OF PALM SPRINGSFOR HISTORIC DESIGNATION OF “THE SECURITY FIRST NATIONAL BANK” LOCATED AT 500SOUTH INDIAN CANYON DRIVE, (APN #508-121-001), CASE HSPB 137
Public Speakersfor Public Hearing – BarbaraMarshall, GaryJohns, ChrisJares, andJeff Pieper.
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MOTION BY COUNCIL MEMBER MIDDLETON, SECONDBY COUNCILMEMBER DEHARTE, PASSED4-1 (Bernstein, Jeffrey) to deny the applicationand requestfor furtherconversationpertheownersrequestto figureouthow to cometo anagreement.
B. ADOPT A RESOLUTION AMENDING THE CITY’S COMPREHENSIVE FEE
SCHEDULE TO INCORPORATE THE PROPOSED VACATION RENTAL
JUNIOR PERMIT FEE, TO BECOME EFFECTIVE APRIL 10, 2023
MOTION BY COUNCIL MEMBER MIDDLETON, SECONDBY COUNCILMEMBER DEHARTE, PASSED4-0-1 (Holstege, Christy RECUSED) to adopta Resolution No. 25087entitled “A RESOLUTIONOF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, ESTABLISHING THE FEE FOR THE VACATION RENTAL JUNIORPERMIT.”
C. AN APPLICATION BY THE VILLA ROMA HOMEOWNERS’ ASSOCIATION FOR HISTORIC DISTRICT DESIGNATION OF “THE VILLA ROMA GARDEN HOMES” LOCATED AT 2500SOUTH SIERRA MADRE DRIVE (MASTER APN 512-120-070), CASE HSPB #140
This item will berequestedto becontinued on a datecertain of February 21, 2023.
RECESSFROM 7:33PM TO 7:44PM***
3. BUSINESS & LEGISLATIVE:
A. APPROPRIATE $3,000,000 FOR THE PALM SPRINGS NAVIGATION CENTER;
APPROVE A RESOLUTION ADOPTING A NONDISCRIMINATION POLICY FOR HOMEKEY FUNDED PROJECTS; AND RECEIVE AN UPDATE ON THE
NAVIGATION CENTER PROJECT.
MOTION BY MAYOR PROTEM BERNSTEIN, SECONDBY COUNCILMEMBER DEHARTE, CARRIED 5-0 to appropriateandbudgetfundsin theamountof $3,000,000 for the Navigation Center project located at 3589 McCarthy Road and to adopt a Resolution No. 25088entitled, “A RESOLUTIONOF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A NONDISCRIMINATION
POLICY FOR ANY PROGRAMOR ACTIVITY FUNDED IN WHOLE OR IN PART WITH HOMEKEY FUNDS.”
B. ADOPT A RESOLUTION DETERMINING AND RECOGNIZING AREAS IN THE
CITY NOT LOCATED IN A CITY- RECOGNIZED NEIGHBORHOOD FOR THE PURPOSEOF PALM SPRINGSMUNICIPAL CODE CHAPTER 5.25 – VACATION
RENTALS
MOTION BY MAYOR GARNER, SECONDBY MAYOR PRO TEM BERNSTEIN, CARRIED4-0-1 (Holstege, ChristyRECUSED) to adoptaResolutionNo. 25089entitled
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, City CouncilMinutes February09, 2023
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CALIFORNIA, DETERMINING AND RECOGNIZINGAREAS IN THE CITY THAT
ARE NOTLOCATEDIN A CITY-RECOGNIZEDNEIGHBORHOODSFORPURPOSE OFPALM SPRINGSMUNICIPAL CODECHAPTER5.25 – VACATION RENTALS.” C. DISCUSSION OF PROPOSED AMENDMENTS TO THE OPERATIONS
COVENANT, TRANSIENT OCCUPANCY TAX SHARE, AND SITE PLAN
REVISIONS FOR THE ORCHID TREE HOTEL DEVELOPMENT LOCATED AT 222S. CAHUILLA ROAD
DISCUSSIONAMONGSTCOUNCIL AND FLINN IN REGARDTO STATUSOFTHE REQUEST. DEVELOPER, RICHARD WEINTRAUB, ANSWERSQUESTIONSFROM COUNCIL. COUNCIL DISAGREESWITH THE REQUESTAND ADVISES STAFF AND DEVELOPERTO HAVE FURTHERCONVERSATIONS.
PUBLIC COMMENT:
MichaelJosephPitkin, resident
David Feltman
RichardNoble (wascalledandleft beforespeaking)
DorianWhitney
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT
Interim City ManagerGallavanandthe City Council discussedthe tentativeupcomingmeeting scheduleandagendaitems.
ADJOURNMENT:
TheCity Counciladjournedon Thursday, February09, 2023, at9:13 PM.
Respectfullysubmitted,
BrendaPree, MMC, CERA
City Clerk
APPROVEDBY CITY COUNCIL: 02/21/2023