Thursday, October 12, 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, October 12, 2023 , at 5:39 p.m.
PLEDGE OF ALLEGIANCE:
NatashaSignoret, high school student, led the Pledgeof 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 presentat Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.
PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES:
SunrisePark Presentationprovided by CreativeDirector Dolle.
Proclamation: Code Enforcement Officer Appreciation Week.
ACCEPTANCE OF THE AGENDA:
MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to add to the agendaemergency Resolution No. 25147, entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXPRESSING ITS SUPPORT FOR THE STATE OF ISRAEL”, given the following determinations:
a) that there was an immediate needto take action; and, b) that the need arose after the posting of the agenda.
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MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to accept the agenda with removal of Consent Calendar Item No. 1E pulled for separate discussion; and the addition of an emergency resolution to the agenda, Resolution No. 25147, entitled “ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXPRESSING ITS SUPPORT FOR THE STATE OF ISRAEL.”
REPORT OF CLOSED SESSION
The Regular Closed Sessionof the City Council of October 12, 2023, was called to order by Mayor Garner at 4:05 p.m.
CLOSED SESSION PUBLIC COMMENT: Jerry Salazar, Gloria Gonzales, Pastor Carl McPeters, Matthew Lay, Makaiza Keese, Gloria Holland, Alvin Taylor, Delia Ruiz, PearlDevers, Carl McPeters, Omar Valdez, Ronald Pellum, Yohan Trams, Lawrence Williams, Christina Genera Martinez, Larry Holland, Mark Gregg, Chandra Dasilva, Deiter Crawford, Stephanie Brown, Mary Moore, Sandra Washington, Jason Olvera, Roy Donald, Ben Mayfield, Rochelle Ross, Iante Roy, and SharonHendricks provided oral testimony.
The meeting convened into Closed Sessionto discussthe following items as listed on the Regular Closed Session Meeting Agenda, with no reportable action:
CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION, Pursuantto Government Code Section 54956.9(d)(2):
Under existing facts and circumstances, there was one (1) matter.
The meeting convened into Closed Sessionto discuss the following items, as listed on the Closed Session Meeting Agenda, after the Open Session, 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.
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
Desert Community College District
Price and Terms
PUBLIC TESTIMONY:
David Feltman, Scott Taschner, Naomi Soto, Brad Anderson, Jason Kravetz, Steve Gibony, David Christian, Zachary Daniel Stone, SeanThomas, Orwell George, Rabbi David Lazar, Rabbi Steven Rosenberg, Katherine Hatch, Barbara Wasserkrug, and Mohammad Tajsar provided oral testimony.
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EMERGENCY RESOLUTION EXPRESSING SUPPORT FOR THE STATE OF ISRAEL:
MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to adopt emergency Resolution No. 25147, entitled “ A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXPRESSING ITS SUPPORT FOR THE STATE OF ISRAEL.”
1. CONSENT CALENDAR
MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve the consent calendar with Item No. 1E pulled for separate discussion.
A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, by motion, find that: 1) The City Council has reconsidered the circumstancesof 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 measuresto 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 teleconferencemeetings.
B. APPROVE CONTRACT CHANGE ORDER NO. 1 TO CONTRACT NO. 23B127
WITH VANCE CORPORATION FOR ROAD REPAIRS AT GENE AUTRY AND
INDIAN CANYON WASH
MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to ( in accordance with Section 7.05.060 of the Palm Springs Municipal Code, “Best Interest of City,”) approve Contract ChangeOrder No. 1 in the amount of $ 113, 690 to the construction contract ( Agreement No. 23B127) with Vance Corporation in a revised amount not to exceed $370,186.50 for the road repairs at Gene Autry Trail and Indian Canyon Wash project; and authorize the City Manager or designeeto executeall necessarydocuments.
C. APPROVE AMENDMENT NO. 2 TO THE AMENDED AND RESTATED LEASE
WITH ARENAS ASSOCIATES, DBA PALM SPRINGS FUDGE &
CHOCOLATES, LOCATED AT 211 SOUTH PALM CANYON
MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve Amendment No. 2 to the Amended and Restated Leasewith Arenas Associatesdba Palm Springs Fudge & Chocolatesto extend the term an additional five years; and authorize the City Manager or his designee to execute all necessarydocuments.
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D. ADOPT A RESOLUTION AUTHORIZING THE EXTENSION OF THE
SERVICE FEE COLLECTED ON BEHALF OF THE RIVERSIDE COUNTY
ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY UNTIL MAY 2034
MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to adopt a Resolution No. 25148, entitled, “ A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AUTHORIZING THE EXTENSION OF THE SERVICE FEE
COLLECTED ON BEHALF OF THE RIVERSIDE COUNTY ABANDONED
VEHICLE ABATEMENT SERVICE AUTHORITY UNTIL MAY 2034.”
EXCLUDED CONSENT CALENDAR:
E. SECOND READING AND ADOPTION OF ORDINANCE NO. 2084 AMENDING
CITY MUNICIPAL CODE TO ESTABLISH PERMANENT LIMITATIONS
ONTHIRD- PARTY FOOD DELIVERY FEES
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 3-2 ( MAYOR GARNER AND MAYOR PRO TEM
BERNSTEIN VOTING NO), to adopt Ordinance No. 2084, entitled, “ AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.89 TO THE PALM SPRING MUNICIPAL CODE, REGARDING LIMITATIONS ON THIRD- PARTY FOOD DELIVERY FEES.”
2. PUBLIC HEARINGS
A. CONDUCT A PUBLIC HEARING UNDER SECTION 53083 OF THE
CALIFORNIA GOVERNMENT CODE TO APPROVE A HOTEL OPERATIONS
COVENANT BETWEEN THE CITY OF PALM SPRINGS
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to open the public hearing and receive public testimony; approve a Hotel Operations Covenant Agreement with Twin Palms Resorts, LLC for the Twin Palms Resort located at 1930 South Camino Real; and authorize the City Manager to execute all necessary documents.
B. APPEAL OF CALIBLISS, LLC. CONDITIONAL CANNABIS EXPIRATION CANNABIS PERMIT NO. C-2019-096
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
COUNCILMEMBER DEHARTE, CARRIED 5-0, to open the public hearing and receive public testimony and evidence; and deny an extension by adopting a Resolution No. 25149, entitled, “ A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF CALIBLISS, LLC FOR THE EXPIRATION OF CONDITIONAL CANNABIS PERMIT NO. C- 2019- 096”.
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3. BUSINESS & LEGISLATIVE
A. APPROVE TWO- YEAR COOPERATIVE SUBSCRIPTION AGREEMENT WITH INSIGHT PUBLIC SAFETY, INC. FOR THE IMPLEMENTATION AND DEPLOYMENT OF 15 FLOCK SAFETY FIXED ALPR CAMERAS
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
COUNCILMEMBER DEHARTE, CARRIED 4-1 ( MAYOR GARNER VOTING NO), to approve Cooperative Subscription Agreement No. 23C214 with Insight Public Sector, Inc. for 2 years, not to exceed $ 99,750 to implement Flock Safety fixed Automated License Plate Recognition ( ALPR) technology; and authorize the City Manager or designee to execute the agreement.
PUBLIC COMMENT:
Diane McAlpine, Brad Anderson, Dominic Moonheart, and Zachary Daniel Stone provided 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 agendaitems.
ADJOURNMENT:
The City Council adjourned the regular meeting of Thursday, October 12, 2023 , to Closed Session, at 9:01 p.m.
Respectfully submitted,
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: 11/ 09/ 2023