Thursday, February 8, 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, February 8, 2024, at 5: 31 p.m.
PLEDGE OF ALLEGIANCE:
Kaylaun Smith, middle school student, led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Grace Elena Garner, Christy Holstege, and Lisa Middleton; Mayor Pro Tem Ron deHarte; and Mayor Jeffrey Bernstein.
Absent: None.
City Staff
Present: Flinn Fagg, Deputy City Manager; Ryan Guiboa, 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: None.
ACCEPTANCE OF THE AGENDA:
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to accept the agendawith removal of Consent Calendar Item No. 1J for separate discussion.
REPORT OF CLOSED SESSION:
The Closed Session of the City Council of February 8, 2024, was called to order by Mayor Bernstein at 4:30 p.m.
The meeting convened into Closed Sessionto discuss the following items as listed on the Closed Session Meeting Agenda, with no reportable action:
City Council Minutes February 8, 2024
City of Palm Springs Page2
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.
PUBLIC TESTIMONY:
Kevin Spring, Patrick Proffitt, Steven Wijatyk, Jody Diaz, Deiter Crawford, Jazlin Marquez, Melina Robles, Erik J. Graham, Jack Reed, Jesse Burstein, Neil Gussardo, Devin Quinn, Mike Thompson, Rick Patel, Scott Rusczyk, Janel Hunt, Julie Canby, Jurgen Weiss, Lauren Wolfer, and Anyse Smith provided oral testimony.
1. CONSENT CALENDAR:
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve the consent calendar with the removal of Item No. 1J for separatediscussion.
A. APPROVAL OF MINUTES:
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve the City Council Meeting Minutes of January11, 2024, and January22, 2024.
B. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 25180, entitled " A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING PAYMENT OF PAYROLL
WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 12-09-23 AND 12-23- 23 TOTALING $ 5,392, 962. 42 AND ACCOUNTS PAYABLE WARRANTS DATED 12- 07-23 AND 12-21-23 TOTALING $ 15,740,787.40, IN THE AGGREGATE AMOUNT OF $ 21,133, 749. 82, DRAWN ON BANK OF AMERICA."
C. 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 MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 25181, 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”.
City Council Minutes February 8, 2024
City of Palm Springs Page3
D. APPROVAL OF AMENDMENT NO. 2 TO CONTRACT SERVICES
AGREEMENT A8865 WITH ST. FRANCIS ELECTRIC, LLC, FOR ON- CALL
TRAFFIC SIGNAL MAINTENANCE SERVICES FOR THE REMAINDER OF FISCAL YEAR 2023- 2024
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve Amendment No. 2 to Contract Services Agreement No. 8865 with St. Francis Electric, LLC, increasing the maximum annual contract amount by $200,000 for a maximum annual contract amount of $ 580,000 for Traffic Signal Maintenance Services for the remainder of Fiscal Year 2023- 2024; and authorize the City Manager to executeall necessarydocuments.
E. APPROVE THE DONATION OF 755 THEATRE SEATS FROM THE PLAZA
THEATRE TO THE PLAZA THEATRE FOUNDATION
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to waive the surplus equipment bid and auction requirements of 7.07.020 ( 3) of the Municipal Code and approve the donation of the surplus 755 Plaza Theatre seatsto the Plaza TheatreFoundation; and authorize the City Manager to execute all necessary documents.
F. QUITCLAIM OF A PORTION OF AN EXISTING PEDESTRIAN ACCESS EASEMENT TO ACCOMMODATE NEW PARKING STALLS AT 4057 E. PALM CANYON DRIVE ( APN 681- 070- 034), SECTION 30, TOWNSHIP 4 SOUTH, RANGE 5 EAST, S.B.M., CASE NO. 3.1358, ENG. FILE R 23-12-4057
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to
1. Approve this Quitclaim of a portion of a Pedestrian Access Easement (PAE) to accommodate new parking spaces. Said PAE resulted from a Right- of- Way vacation of a portion of E. Palm Canyon Drive, per Resolution No. 22155, recordedon March 13, 2008.
2. Direct the City Clerk to complete processing of the attached Quitclaim Deed and cause it to be recorded with the Riverside County Recorder.
3. Authorize the City Manager to executeall necessarydocuments.
G. APPROVE AGREEMENT NO. 23C360 WITH FIESTA FORD INC., FOR
AUTOMOTIVE PARTS AND SERVICE
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approveCooperative PurchaseAgreement 23C360 with Fiesta Ford, Inc. in the amount of $ 300, 000 to purchase automotive parts and service for an initial three-year term beginning February 12, 2024, continuing through February11, 2027, with two one-year extension options at the City’ s sole discretion; and authorize the City Manager or his designeeto executeall necessarydocuments.
City Council Minutes February 8, 2024
City of Palm Springs Page4
H. APPROVE AGREEMENT NO. 23C394 WITH GENUINE PARTS COMPANY DBA NAPA AUTO PARTS INC., IN THE AMOUNT OF $300,000 TO PURCHASE
AFTERMARKET VEHICLE PARTS
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to:
1. Approve CooperativePurchaseAgreement 23C394 with GenuinePartsCompany dba NAPA Auto Parts Inc., doing business through its approved dealer, Desert Area Corporation, in the amount of $300,000 for the initial term to purchaseaftermarket vehicle parts for an initial three- year term beginning February 12, 2024 and continuing through February 11, 2027, with two one-year extension options at the City’s sole discretion;
2. Authorize the City Manager or his designeeto executeall necessarydocuments.
I. APPROVE A 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 MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve a Lease Agreement between the City of Palm Springs and theLGBTQ Community Center of the Desert for tenant space at 2901 E.
Alejo Road, Palm Springs, California; and authorize the City Manager or designee to executeall necessarydocuments.
J. AUTHORIZE THE DISPLAY OF THE BLACK HISTORY MONTH FLAG AT
CERTAIN CITY FACILITIES IN THE MONTH OF FEBRUARY
This item was removed from the Consent Calendar for separate discussion and consideredunder Excluded ConsentCalendar.
K. APPROVE CONTRACT SERVICES AGREEMENT NO. 24P015 WITH BBG, INC. FOR FACILITY APPRAISAL AND CONDITION ASSESSMENT
SERVICES
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve Contract Services Agreement No. 24P015 with BBG, Inc., to provide facility appraisaland condition assessmentservicesfor a five- year term in an amount not to exceed $ 450, 000 beginning February 12, 2024, through February 11, 2029; and authorize the City Manager or designeeto executeall necessary documents.
City Council Minutes February 8, 2024
City of Palm Springs Page5
EXCLUDED CONSENT CALENDAR:
J. AUTHORIZE THE DISPLAY OF THE BLACK HISTORY MONTH FLAG AT
CERTAIN CITY FACILITIES IN THE MONTH OF FEBRUARY
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to authorize City staff to display the Black History Month flag at certain City facilities, during the month of February.
2. PUBLIC HEARINGS:
A. COMMUNITY DEVELOPMENT BLOCK GRANT ( CDBG) 2024– 2025 ANNUAL ACTION PLAN AND BUDGET PUBLIC HEARING; AND REVIEW
CDBG SUBSTANTIAL AMENDMENT TO ALLOCATE FUNDS FROM PRIOR YEARS IN THE AMOUNT OF $ 129,490.90 TO THE 2023-2024 CDBG
PROGRAM YEAR FOR THE MAJOR HOME REPAIR PROGRAM
MOTION BY MAYOR BERNSTEIN, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Open the Public Hearing for public testimony.
2. Review the draft 2024-2025 CDBG Budget andAnnual Action PlanandSubstantial Amendment and provide direction to staff.
3. Schedulea Public Hearing for March 14, 2024, to approveandadoptthe 2024-2025 CDBG Budget and Annual Action Plan and 2023- 2024 Substantial Amendment
3. BUSINESS & LEGISLATIVE:
A. INTRODUCE AN ORDINANCE AMENDING SECTION 3.42.020 AND CHAPTER 5.55 OF THE PALM SPRINGS MUNICIPAL CODE, REGARDING
THE TAXATION AND REGULATION OF CANNABIS IN THE CITY
MOTION BY MAYOR BERNSTEIN, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-0-1 ( WITH RECUSAL FROM COUNCILMEMBER HOLSTEGE), to:
1. Introduce by title only and waive further reading of Ordinance No. 2093, of the City of Palm Springs, California, amending Section 3.42.020 and Chapter 5.55 of thePalm Springs Municipal Code, regarding thetaxation andregulation of cannabis in the City, as amended.
2. Authorize the City Manager to execute all documents consistent with this Ordinance.
B. APPROPRIATE $ 1,000, 000 IN HOUSING SET ASIDE FUNDS FOR TENANT-
BASED RENTAL ASSISTANCE PROGRAM
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to appropriate $ 1,000, 000 ( one million dollars) in Housing Set Aside funds for the TBRA Program.
City Council Minutes February 8, 2024
City of Palm Springs Page6
C. APPROVE USE OF OPIOID SETTLEMENT FUNDS FOR THE
REHABILITATION RE- ENTRY PROGRAM, SUBSTANCE MISUSE HARM
REDUCTION PROGRAM, AND TENANT- BASED RENTAL ASSISTANCE
PROGRAM
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY
COUNCILMEMBER MIDDLETON, CARRIED 5-0, to approve use of Opioid Settlement Funds for the Rehabilitation Re- Entry Program, the Substance Misuse Harm Reduction Program, and the Rental AssistanceProgram.
D. AWARD A SERVICE AGREEMENT FOR ZONING CODE UPDATE
SERVICES
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY MAYOR BERNSTEIN, CARRIED 3-0-2 ( WITH RECUSAL FROM COUNCILMEMBERS HOLSTEGE AND MIDDLETON), to award a service agreement for zoning code update services with CodeStudio, Inc. in the amount of $640,885 for a twenty-month term asoutlined in the Agreement included as Attachment A; and authorize the City Manager or designeeto executeall necessarydocuments.
PUBLIC COMMENT:
Abraham Ishaq, Moe Elabdallah, Max McCartney, JesseNeimeyer-Romero, David Rios provided oral testimony.
CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT:
Deputy City Manager Fagg andthe City Council discussedthe tentative upcoming meeting schedule and agenda items. Councilmember Garner and Mayor Bernstein provided comments.
ADJOURNMENT:
The City Council adjourned the meeting of Thursday, February 8, 2024, at 9:42 p.m.
Respectfully submitted,
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: 2/29/ 2024