Thursday, March 9, 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, March 9, 2023, at 5:35 p.m.
PLEDGE OF ALLEGIANCE:
Niloofar Nasr, a 5thgraderatKatherineFinchyElementarySchool.
ROLL CALL:
Present: CouncilmembersChristyHolstege, RondeHarte, LisaMiddleton; Mayor ProTem JeffreyBernstein; andMayor GraceElenaGarner.
Absent: None.
City Staff
Present: ScottStiles, City Manager, TeresaGallavan, DeputyManager, JeremyHammond, Deputy City Manager; Flinn Fagg, Deputy City Manager, Jeff Ballinger, City Attorney; BrendaPree, City Clerk; BrentRasi, DeputyCity Clerk andChief Andy Mills, werepresentatRoll Call. Otherstaffmemberspresentedreportsor responded to questionsasindicatedin theminutes.
PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES:
Proclamationto, ScarlettFuerte, theSecurityGuardfor herswift ability to jumpinto actionfor the citizens. Swearingin Ceremonyfor the new City Manager, ScottStiles. Introducedhimselfand excitedto beapartof City of PalmSprings!
ACCEPTANCE OF THE AGENDA:
By consensus, the City Council agreedto acceptthe agendawith item 3A beingremovedand movedto thenextmeeting.
REPORT OF CLOSED SESSION:
TheRegularClosedSessionof theCity Councilof March9, 2023, wascalledto orderby Mayor Garnerat3:31 p.m.
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Themeetingconvenedinto ClosedSessionto discussthefollowing itemsaslistedontheRegular ClosedSessionMeetingAgendawith no reportableaction.
EXISITING LITIGATION – Pursuantto GovernmentCodesection54956.9(d)(1):
Committeeto RelocateMarilyn v. City of Palm Springs, PS Resorts, Riv. Sup. Ct., CaseNo.
CVRI2101435 (4th AppellateDistrict Division 2, CaseNo. E077773 & E076921; Transferredto 4th AppellateDistrict Division 1, CaseNo. D080907)
CONFERENCE WITH LEGAL COUNSEL – MATTERS CREATING SIGNIFICANT EXPOSURETO LITIGATION, Pursuantto GovernmentCodeSection54956.9(d)(2):
Three (3) mattersthat, in theopinionof theCity councilontheadviceof theCity Attorney, basedonexistingfactsandcircumstance, thereis significantexposureto litigation against theCity.
JesusMagana, Claim # 22-0938, DatedAugust30, 2022
CONFERENCEWITH LEGAL COUNSEL – DISCUSSIONTO CONSIDERINITIATION OF LITIGATION, Pursuantto GovernmentCodeSection54956.9(d)(4):
Underexistingfactsandcircumstances, thereis one (1) mattertheCity Councilhasdecided or maydecideto initiate litigation.
CONFERENCEWITH REAL PROPERTYNEGOTIATOR, Pursuantto GovernmentCode Section54956.8
City Negotiators: ScottStiles, City Manager
JeremyHammond, DeputyCity Manager
StephanieGeorge, HR Director
PeterBrown, LegalCounsel
EmployeeOrganization: PalmSpringsPoliceOfficersAssociation (PSPOA) PalmSpringsPoliceManagementAssociation (PSPMA)
PublicEmployeesAssociationof PalmSprings (PEAPS)
ManagementAssociationof PalmSprings (MAPS)
PalmSpringsFirefightersAssociation (PSFA)
PalmSpringsFireManagement (PSFMA)
PUBLIC COMMENT:
AlejandroMezaAguilar
BryanSanchez
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LyzzethMendoza
FredNoble
SteveWilcox
Ginny Foat
ReyesLopez
JuanEspinosa
Kathy Weremiuk
JoyMeredith
PALM SPRINGSHOUSINGAUTHORITY, SPECIALMEETINGOPENEDAT 6:05PM.
Present: CouncilmembersChristyHolstege, RondeHarte, LisaMiddleton; Mayor ProTem JeffreyBernstein; andMayor GraceElenaGarner.
PUBLIC COMMENT: None.
SPECIAL MEETING CLOSED AT 6:08PM
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER HOLSTEGE, SECONDBY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to approvetheconsentcalendar.
A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
MOTION BY COUNCILMEMBER HOLSTEGE, SECONDBY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to find that the City Council has consideredthe circumstancesof thestateof emergencyduringa proclaimedstateof emergency, andstate or local officials haveimposedor recommendedmeasuresto promotesocialdistancing, andasaresult, thePalmSpringsCity Councilandall of PalmSpringsBoard, Commission, andCommitteemeetingsmaybeheldby videoconference, in accordancewith AB 361.
B. APPROVAL OF MINUTES:
MOTION BY COUNCILMEMBER HOLSTEGE, SECONDBY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, February21, 2023.
C. APPROVE THE PURCHASE OF CORE SWITCHES FROM AMS.NET WITH
FIVE YEARS OF SUBSCRIPTIONS AND SUPPORT
MOTION BY COUNCILMEMBER HOLSTEGE, SECONDBY MAYOR PRO TEM BERNSTEIN, CARRIED5-0 to approvethepurchaseof fourcoreswitcheswith five years of subscriptionsandsupportfrom AMS.NET for $126,400basedonacooperativecontract.
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D. APPROVE A THREE-YEAR RENEWAL AGREEMENT WITH INNOVATIVE INTERFACES INC. FOR POLARIS INTEGRATED LIBRARY SYSTEM
SOFTWARE, MAINTENANCE, AND HOSTING IN THE AMOUNT OF $97,807
MOTION BY COUNCILMEMBER HOLSTEGE, SECONDBY MAYOR PROTEM BERNSTEIN, CARRIED5-0 to approveathree-yearrenewalagreementwith Innovative Interfaces Inc. ( Attachment A) for Polaris Integrated Library System software, maintenance, andhostingfor $97,807.
E. RATIFY THE NOMINATION OF THE CITY OF COACHELLA AND THE CITY
OF INDIO TO THE PALM SPRINGSINTERNATIONAL AIRPORT COMMISSION
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to appoint Denise Delgado, representingthe City of Coachella, to the PalmSpringsInternationalAirport Commissioneffectiveimmediately for a termendingJanuary25, 2027. To appointRick Wise, representingtheCity of Indio, to thePalmSpringsInternationalAirport CommissioneffectiveApril 1, 2023, for a term endingApril 1, 2026.
F. APPROVAL OF A COOPERATIVE CONTRACT FOR ELEVATOR AND
ESCALATOR MAINTENANCE FOR THE PALM SPRINGSINTERNATIONAL
AIRPORT
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to approveCooperativeContractAgreement23C004with TK Elevator Corporation to provide elevator and escalatormaintenanceservicesin accordancewith Section 7.09.010 “CooperativePurchasingPrograms,” of the Palm SpringsMunicipalCode, in anamountnotto exceed $84,600for theinitial three-yearterm beginningon the dateprovidedin the Notice to Proceed, with two one-year extension optionsattheCity’ssolediscretion. Approvetheappropriationof $28,200for FiscalYears 2022-2023, 2023-2024, and2024-2025from theDepartmentof Aviation’s Fund415fund balance.
G. APPROVE AMENDMENT NO. 1 TO REGULATORY AGREEMENT AND
DECLARATION OF COVENANTS AND RESTRICTIONS BETWEEN THE
SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY
REDEVELOPMENT AGENCY AND 2990 TAHQUITZ CANYON WAY LP; AND APPROVE AMENDMENT NO. 3 TO REGULATORY AGREEMENT AND
DECLARATION OF RESTRICTIVE COVENANTS BETWEEN THE HOUSING AUTHORITY OF THE CITY OF PALM SPRINGSAND 2990TAHQUITZ CANYON WAY LP
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MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to approveAmendmentNo. 1 to theRegulatoryAgreement andDeclarationof CovenantsandRestrictionsbetweentheSuccessorAgencyto thePalm Springs Community RedevelopmentAgency and 2990 Tahquitz Canyon Way LP, a Delawarelimited partnership. ApproveAmendmentNo. 3 to the RegulatoryAgreement andDeclarationof RestrictiveCovenantsbetweenthe HousingAuthority of the City of PalmSprings, a housingauthorityof the Stateof California duly organizedandexisting under the laws thereof, and 2990 Tahquitz Canyon Way LP, a Delaware limited partnership. Authorize the City Manager, or designee, to executethe Amendments, includingmakingminor, non-substantivechanges, andto signall documentsnecessary.
H. ACCEPT AN EMERGENCY MANAGEMENT PERFORMANCE GRANT AWARD
FROM THE CALIFORNIA OFFICE OF EMERGENCY SERVICES, THROUGH
THE COUNTY OF RIVERSIDE EMERGENCY MANAGEMENT DEPARTMENT, IN THE AMOUNT OF $13,062TO BE USEDTOWARDS THE PURCHASEOF EQUIPMENT FOR THE CITY’SEMERGENCY OPERATIONS CENTER
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to approve the acceptanceof a 2022 Emergency ManagementPerformanceGrantAwardfrom theCaliforniaOffice of EmergencyServices CalOES), throughthe Countyof RiversideEmergencyManagementDepartment, in the amountof $13,062. AuthorizetheCity Managerto executeall necessarydocuments.
2. PUBLIC HEARINGS:
A. CONDUCT A TEFRA ( TAX AND EQUITY FISCAL RESPONSIBILITY ACT)
HEARING FOR THE PROPOSED ISSUANCE OF REVENUE BONDS BY THE
CALIFORNIA MUNICIPAL FINANCE AUTHORITY ( CMFA) IN AN AMOUNT NOT TO EXCEED $20,000,000FOR THE PURPOSEOF ASSISTING COMMUNITY
PRESERVATION PARTNERS LLC ACQUIRE AND REHABILITATE
SUNNYVIEW VILLAS AT 2900-2950NORTH INDIAN CANYON DRIVE
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, PASSED5-0 to adopta Resolution No. 25094 , entitled “RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE
AUTHORITY MULTIFAMILY HOUSINGREVENUEBONDSIN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $20,000,000 FOR THE PURPOSEOF
FINANCING OR REFINANCING THE ACQUISITION, REHABILITATION,
IMPROVEMENT, AND EQUIPPING OF SUNNYVIEW VILLA AND CERTAIN OTHERMATTERS RELATING THERETO."
B. A REQUEST BY RIOS, ON BEHALF OF OLD LAS PALMAS PARTNERS, LLC,
FOR THE APPROVAL OF A CHANGE OF ZONE APPLICATION TO AMEND City CouncilMinutes March9, 2023
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THE CURRENT SPLIT ZONE DESIGNATIONS OF CBD (‘CENTRAL BUSINESS DISTRICT’) AND R-2 (‘LIMITED MULTIPLE- FAMILY RESIDENTIAL’) TO C-1 RETAIL BUSINESS’) FOR A PROPOSED MIXED- USE PROJECT WHICH INCLUDES 24 RESIDENTIAL CONDOMINIUM UNITS AND A 5,411-SQUARE- FOOT COMMERCIAL SPACE ON 2.4-ACRE UNDEVELOPED PARCELS
LOCATED AT 575 NORTH PALM CANYON DRIVE, ZONE CBD/R-2, SECTION 10 (CASE 5.1541CZ)
MOTION BY COUNCILMEMBERMIDDLETON, SECONDBY COUNCILMEMBER HOLSTEGE, PASSED5-0, to adoptintroduceandwaivefurtherreadingof anOrdinance No. 2083 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1541 CZ, CHANGE OF ZONE, TO AMEND THE CURRENTSPLIT ZONE DESIGNATIONSOF ‘CENTRAL BUSINESSDISTRICT’ (CBD) AND ‘LIMITED MULTIPLE-FAMILY RESIDENTIAL’ R-2) TO ‘RETAIL BUSINESS’ (C-1) ENTIRELY FOR A PROPOSEDMIXED-USE PROJECTWHICH INCLUDES 24 RESIDENTIAL CONDOMINIUM UNITS AND A
5.411-SQUARE-FOOT COMMERCIAL SPACE ON 2.4-ACRE UNDEVELOPED PARCELSLOCATED AT 575 NORTH PALM CANYON DRIVE, ZONE CBD/R-2, SECTION10.”
3. BUSINESS & LEGISLATIVE:
A. FISCAL YEAR 2021-22FINANCIAL AUDIT REPORTS OF THE CITY OF PALM SPRING
ITEM WAS MOVED TO NEXT COUNCIL MEETING 03/23/2023
B. COUNCIL REQUEST FOR REVIEW OF A DECISION BY THE PUBLIC ARTS
COMMISSION TO DENY AN APPLICATION BY DESERT PEAK ENERGY AND WINTEC ENERGY, LTD, FOR REIMBURSEMENT OF $375,000IN PUBLIC ART FUNDSFOR A PUBLIC ART PROJECT TO BE LOCATED AT 6295020TH AVENUE; AND A REQUEST FOR WAIVERS OF THE ART PLACEMENT
REQUIREMENT AND REIMBURSEMENT PROCESSAS CONTAINED IN PALM SPRINGSMUNICIPAL CODE CHAPTER 3.37.
Public Speakers: PeterMahler, Mark Rios, Brian Adamson, andAnnaChoudhuri
MOTION BY COUNCILMEMBER HOLSTEGE, SECONDBY COUNCILMEMBER DEHARTE, PASSED4-1 (GARNER) to adopta Resolution No. 25095 , entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVINGTHE REIMBURSEMENTOF $375,000IN PUBLIC ART
FUNDSTODESERTPEAK ENERGYAND WINTEC ENERGY, LTD, FORA PUBLIC ART PROJECT LOCATED AT 62950 20TH AVENUE; AND APPROVAL OF
WAIVERS OF THE ART PLACEMENT REQUIREMENTAND REIMBURSEMENT City CouncilMinutes March9, 2023
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PROCESSAS CONTAINED IN PALM SPRINGSMUNICIPAL CODE CHAPTER
3.37."
RECESSFROM 7:25PM TO 7:37PM***
C. REQUEST TO ADD CHAPTER 5.89TO THE PALM SPRINGSMUNICIPAL CODE RELATING TO SIDEWALK VENDING; AN AMENDMENT TO CHAPTER 5.48 RELATIVE TO COMMERCIAL SOLICITATION; AND AMENDMENTS TO
CHAPTER 6.15 RELATING TO THE REGULATION OF MOBILE FOOD
VENDING VEHICLES
Discussionamongstcouncil membersin regardto changesmadeto the ordinanceand stipulationsto the ordinanceproposed. Direction to staff is to revisethe ordinanceand bring backat a later datewith revisedversion. Dep. City ManagerFlinn advisedhe will wait from the Health District on their proposedregulationwhich will help form our ordinance.
PUBLIC COMMENT:
MichaelJosephPitkin
AdrianAlcantar
KendallKalweit
Jim Sullivan
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT
City ManagerStilesandtheCity Councildiscussedthetentativeupcomingmeetingscheduleand agendaitems.
ADJOURNMENT:
TheCity Counciladjournedon Thursday, March9, 2023, at9:52 PM.
Respectfullysubmitted,
BrendaPree, MMC, CERA
City Clerk
APPROVEDBY CITY COUNCIL: 03/23/2023