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HomeMy WebLinkAbout2021-07-08 CC MINUTESThursday, July 8, 2021 Minutes of the Regular Meeting of the City Council of the City of Palm Springs Pursuant to Executive Order N-29-20, by Governor Newsom, this meeting was conducted by teleconference and there was no in-person public access to the meeting location. CALL TO ORDER: A Regular Meeting of the Palm Springs City Council was called to order by Mayor Holstege on Thursday , July 8, 2021, at 5:45 p.m. PLEDGE OF ALLEGIANCE: Mayor Holstege led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Grace Elena Garner, Geoff Kors, Dennis Woods; Mayor Pro Tem Lisa Middleton; and Mayor Christy Holstege Absent: None. City Staff Present: Justin Clifton, City Manager; Jeffrey Ballinger, City Attorney; and Anthony J. Mejia, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PRESENTATIONS: • PROCLAMATION RECOGNIZING JUNE 19, 2021, AS JUNETEENTH PRESENTED TO THE PALM SPRINGS BLACK HISTORY COMMITTEE • PROCLAMATION RECOGNIZING PARKS AND RECREATION PROFESSIONALS’ DAY PRESENTED TO THE PALM SPRINGS PARKS AND RECREATION DEPARTMENT • UPDATE ON THE COACHELLA VALLEY VECTOR CONTROL AND MOSQUITO CONTROL DISTRICT’S AERIAL MOSQUITO CONTROL APPLICATION MEETING RECESS The City Council recessed at 6:00 p.m. and returned at 6:07 p.m. with all members present. City Council Minutes July 8, 2021 City of Palm Springs Page 2 ACCEPTANCE OF THE AGENDA: MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to accept the agenda as presented. REPORT OF CLOSED SESSION: The Regular Closed Session of the City Council of July 8, 2021, was called to order by Mayor Holstege at 3:30 p.m., with all members present. The meeting convened into Closed Session to discuss the following items as listed on the Regular Closed Session Meeting Agenda: CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, Pursuant to Government Code Section 54956.9(d)(1): Russell Manning v. City of Palm Springs Case No. PSC 1704634 Superior Court of the State of California, County of Riverside CONFERENCE WITH LEGAL COUNSEL – MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2): Two (2) matters that, under the existing circumstances, the City Attorney believes creates significant exposure to litigation. CONFERENCE WITH LEGAL COUNSEL – DISCUSSION TO CONSIDER INITIATION OF LITIGATION, Pursuant to Government Code Section 54956.9(d)(4): Under existing facts and circumstances, there are two (2) matters the City Council has decided or may decide to initiate litigation. CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54956.8: Property Description: 225 El Cielo Road, Palm Springs, CA (aka “Boxing Club” property) Agency: City of Palm Springs City Negotiator: Justin Clifton, City Manager Negotiating Parties: Well in the Desert, CVAG, & Martha’s Kitchen Under Negotiation: Price and Terms of Payment Property Description: Tahquitz Golf Resort & Legends Golf Course Agency: City of Palm Springs City Negotiator: Flinn Fagg, Director of Development Services Negotiating Parties: Trust for Public Lands Under Negotiation: Price and Terms City Council Minutes July 8, 2021 City of Palm Springs Page 3 Property Description: Portion of Airport Property, APN 502-100-030, Palm Springs Portion of Airport Property, 2901 E. Alejo Rd., Palm Springs Agency: City of Palm Springs City Negotiator: Justin Clifton, City Manager Negotiating Parties: Coachella Valley Economic Partnership, Garland Commercial Group, on behalf of Palm Springs Aviation Academy Under Negotiation: Price and Terms PUBLIC EMPLOYEE PERFORMANCE EVALUATION, Pursuant to Government Code Section 54957: Employee: City Attorney City Attorney Ballinger reported that the City Council received briefings and provided direction to staff regarding the agendized Closed Session Items but did not take any reportable action; noted that the City Council discussed the Tahquitz Canyon Golf Course and is committed to a full and public process before any decision is made regarding the disposition of the property. PUBLIC TESTIMONY: Renee Brown, speaking on Item No. 5A, supported issuing parking permits for Downtown area employees. William Schlanger, speaking on Item No. 5B, voiced support for the Coachella Valley Economic Partnership (CVEP) and the Palm Springs Innovation Hub (iHub). Bear Simerson, speaking on Item No. 5B, spoke in support of CVEP and the Palm Springs iHub. Jeffrey Bernstein, speaking on Item No. 5D, suggested that the City conduct additional surveys before developing design standards for outdoor merchandise. CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS: City Manager Justin Clifton spoke on the Fourth of July celebrations; encouraged residents to attend the upcoming meeting regarding the General Plan. Mayor Pro Tem Middleton reported on recent interviews for Boards and Commissions, noting that the City has many outstanding candidates. Councilmember Kors reported on his attendance at a recent Greater Palm Springs Tourism and Conventions board meeting. Councilmember Garner announced that the City will coordinate a community meeting to discuss recent shootings within District 1. Mayor Holstege reported on her attendance at various meetings and events; spoke on efforts by Priority One Coachella Valley to attract a California State University Campus in the Coachella Valley. City Council Minutes July 8, 2021 City of Palm Springs Page 4 1. CONSENT CALENDAR: MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to approve the consent calendar. A. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF MAY 1 THROUGH JUNE 30, 2021 MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of May 1 through June 30, 2021. B. APPOINTMENTS TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to: 1. Approve the nomination of Paul Budilo, representing the City of Indian Wells, to the Palm Springs International Airport Commission for a term ending June 30, 2023. 2. Approve the nomination of Kathleen Hughes, representing the City of La Quinta, to the Palm Springs International Airport Commission for a term ending June 30, 2024. C. SECOND READING AND ADOPTION OF AN ORDINANCE REGARDING REUSABLE FOOD SERVICE WARE AND PLASTIC WASTE REDUCTION MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to adopt Ordinance No. 2045 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.87 TO TITLE 5 OF THE PALM SPRINGS MUNICIPAL CODE REGARDING REUSABLE FOOD SERVICE WARE AND PLASTIC WASTE REDUCTION." City Council Minutes July 8, 2021 City of Palm Springs Page 5 D. AWARD A CONSTRUCTION CONTRACT TO ELECNOR BELCO ELECTRIC INC., IN THE AMOUNT OF $317,838 AND APPROVE AN AGREEMENT IN AN AMOUNT NOT TO EXCEED $63,100 WITH RT ENGINEERING & ASSOCIATES FOR THE INSTALLATION OF A FLASHING BEACON, FEDERAL-AID PROJECT NO. HSIPL-5282(048), CITY PROJECT NO. 16-19 MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to: 1. Award a construction contract to Elecnor Belco Electric Inc., a California corporation, in the amount of $317,838 for the installation of a Flashing Beacon, Federal-Aid Project No. HSIP-5282(048), City Project No. 16-19. A8897 2. Award a professional services agreement with RT Engineering & Associates, Inc., in an amount not to exceed $63,100 for construction management, inspection and material testing services for the Project. A8898 3. Authorize the City Manager to execute all necessary documents. E. ACCEPTANCE OF THE GYM FLOOR REPLACEMENT AT THE JAMES O. JESSIE DESERT HIGHLAND UNITY CENTER, CITY PROJECT NO. 20-26 MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to: 1. Accept the new gym floor replacement and associated improvements as identified as the Gym Floor Replacement at the James O. Jessie Desert Highland Unity Center, City Project 20-26 as completed. 2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Gym Floor Replacement at the James O. Jessie Desert Highland Unity Center, City Project No. 20-26. F. REQUEST BY DELFIN (DANNY) P. CASTRO, JR., OWNER, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 119 EAST TWIN PALMS DRIVE, A CONTRIBUTING STRUCTURE IN THE ROYAL HAWAIIAN ESTATES HISTORIC DISTRICT (APN #511-070-027), (HSPB #73 / HD-2) MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to: 1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Delfin P. Castro, Jr., and the Royal Hawaiian Estates Homeowners Association. A8899 2. Authorize the City Manager to execute the Agreement. 3. Direct the City Clerk to record the Agreement with the County of Riverside. City Council Minutes July 8, 2021 City of Palm Springs Page 6 G. REQUEST BY HELENE VERIN, OWNER, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 231 EAST TWIN PALMS DRIVE, A CONTRIBUTING STRUCTURE IN THE ROYAL HAWAIIAN ESTATES HISTORIC DISTRICT (APN #511-070-014), (HSPB #73 / HD-2) MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to: 1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Helene Verin, and the Royal Hawaiian Estates Homeowners Association. A8900 2. Authorize the City Manager to execute the Agreement. 3. Direct the City Clerk to record the Agreement with the County of Riverside. H. REQUEST BY JAMES RODERICK LEMAIRE, II & GREGORY PAUL BODIN, OWNERS, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 249 EAST TWIN PALMS DRIVE, A CONTRIBUTING STRUCTURE IN THE ROYAL HAWAIIAN ESTATES HISTORIC DISTRICT (APN #511-070-034), (HSPB #73 / HD-2) MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to: 1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and James Roderick Lemaire, II and Gregory Paul Bodin, and the Royal Hawaiian Estates Homeowners Association. A8901 2. Authorize the City Manager to execute the Agreement. 3. Direct the City Clerk to record the Agreement with the County of Riverside. I. REQUEST BY KELLY AND ROBERT KAPLAN, OWNERS, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR “THE SUTTER RESIDENCE”, A CLASS 2 HISTORIC SITE, LOCATED AT 1207 CALLE DE MARIA (APN #508-403-002), (HSPB #133) MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to: 1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Kelly and Robert Kaplan. A8902 2. Authorize the City Manager to execute the Agreement. 3. Direct the City Clerk to record the Agreement with the County of Riverside. City Council Minutes July 8, 2021 City of Palm Springs Page 7 J. ADOPTION OF AN AGREEMENT FOR MUTUAL AID IN FIRE AND EMERGENCY SERVICES BETWEEN THE CITY OF PALM SPRINGS FIRE DEPARTMENT AND MARCH AIR RESERVE BASE MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to: 1. Approve the Mutual Aid Agreement between the City and the March Air Reserve Base. A8903 2. Authorize the City Manager to execute all necessary documents. K. EARLY LUMP SUM ANNUAL PAYMENT TO CALPERS TOWARDS RETIREE UNFUNDED ACCRUED LIABILITY (UAL) In response to City Council inquiry, City Attorney Ballinger confirmed Mayor Pro Tem Middleton does not have a conflict of interest related to her position on the CalPERS Board and may participate in the vote. MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to receive and file the report on the early lump sum annual payment to CalPERS towards retiree unfunded accrued liability. L. APPROVE THE DONATION OF A 1999 INTERNATIONAL WATER TENDER, EQUIPMENT NO. 1WT442, TO CATHEDRAL CITY FIRE DEPARTMENT MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to: 1. Waive the surplus equipment bid and auction requirements of 7.07.020 (3) of the Municipal Code and approve the donation of the surplus 1999 International Water Tender, Equipment No. 1WT442, to the Cathedral City Fire Department. 2. Authorize the City Manager to execute all necessary documents. M. REQUEST BY KERRY FARMER AND YOLANDA SEABOURNE, OWNERS, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 243 EAST TWIN PALMS DRIVE, A CONTRIBUTING STRUCTURE IN THE ROYAL HAWAIIAN ESTATES HISTORIC DISTRICT (APN #511-070-017-8), (HSPB #73 / HD-2) MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to: 1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Kerry Farmer, Yolanda Seabourne, and the R oyal Hawaiian Estates Homeowners Association. A8904 (City Council action continued on the next page) City Council Minutes July 8, 2021 City of Palm Springs Page 8 2. Authorize the City Manager to execute the Agreement. 3. Direct the City Clerk to record the Agreement with the County of Riverside. N. AWARD A CONTRACT TO ZASUETA CONTRACTING INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $502,486 FOR PLAYGROUND SURFACING, CP 20-29 MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to: 1. In accordance with Section 7.09.010, “Cooperative Purchasing Programs” of the Palm Springs Municipal Code, award a contract in the amount of $502,486 to Zasueta Contracting Inc., a California corporation, pursuant to Cooperative Purchasing Contract #010521-SFS. A8905 2. Delegate authority to the City Manager to approve Contract Change Orders in the total cumulative amount of 5% of the contract amount ($25,124.30). 3. Authorize the City Manager to execute all necessary documents. O. APPROVE THE CONTRACTING SERVICES OF THE WESTERN ZEN MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to: 1. Approve the purchase of The Western Zen Developmental Event for the Palm Springs Fire Department and the Palm Springs Police Department. 2. Authorize the City Manager to execute all necessary documents. P. CITY COUNCIL REVIEW AND APPROVAL OF THE RESOLUTION REVOKING CONDITIONAL USE PERMIT ISSUED FOR WELL IN THE DESERT, LOCATED AT 441 SOUTH CALLE ENCILA, LSC ZONE (CASE 5.1419 CUP) MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to approve Resolution No. 24920 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REVOKING A CONDITIONAL USE PERMIT (CASE 5.1419 CUP) FOR THE OPERATION OF A CHARITABLE INSTITUTION AT 441 SOUTH CALLE ENCILIA, ZONE LSC (APN: 508-094-015)." City Council Minutes July 8, 2021 City of Palm Springs Page 9 2. PUBLIC HEARINGS: A. AN APPLICATION BY MICHAEL HORN, OWNER, FOR HISTORIC DESIGNATION OF “THE CROCKETT RESIDENCE” LOCATED AT 590 WEST LINDA VISTA DRIVE, (APN #513-193-014), CASE HSPB #134 Development Services Director Fagg narrated a PowerPoint presentation and responded to City Council inquiries. Mayor Holstege opened the Public Hearing. Michael Horn, Applicant, spoke on his efforts to restore the home and urged the City Council to approve the designation. Steven Keylon, Palm Springs Preservation Foundation, spoke in support of the application. There were no others desiring to speak, Mayor Holstege closed the Public Hearing. MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to adopt Resolution No. 24921 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING “THE CROCKETT RESIDENCE” LOCATED AT 590 WEST LINDA VISTA DRIVE AS CLASS 1 (LANDMARK) HISTORIC RESOURCE, SUBJECT TO CONDITIONS, HSPB #134 (APN 513-193-014).” 3. LEGISLATIVE: A. INTRODUCTION OF AN ORDINANCE ENTITLED, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING TITLE 7 “PROCUREMENT AND CONTRACTING” OF THE PALM SPRINGS MUNICIPAL CODE REGARDING PROCUREMENT AND CONTRACTING BY THE CITY OF PALM SPRINGS” City Attorney Ballinger presented the staff report and responded to City Council inquiries. During the course of discussion, the City Council: 1) directed that the ordinance should reflect that the City shall not enter into a contract with an entity that discriminates in the provision of benefits; and 2) requested that staff consider ways to strengthen the provision related to local business preference. MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to introduce Ordinance No. 2049 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA, AMENDING TITLE 7 “PROCUREMENT AND CONTRACTING” OF THE PALM SPRINGS MUNICIPAL CODE REGARDING PROCUREMENT AND CONTRACTING BY THE CITY OF PALM SPRINGS,” as amended. City Council Minutes July 8, 2021 City of Palm Springs Page 10 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: A. DISCUSSION OF PROPOSED AMENDMENTS TO OFF-STREET PARKING REQUIREMENTS Development Services Director Fagg narrated a PowerPoint presentation and responded to City Council inquiries. Individual Councilmember(s) expressed commentary as follows. The below statements do not necessarily reflect Council consensus: • Parking requirements should align with community and City Council priorities and goals. • The City Council should provide clear direction to the Planning Commission regarding their discretion related to parking requirements. • There is a desire to provide more vehicle charging stations throughout the City. • There is a desire to provide flexibility within the Zoning Code relative to parking requirements, such as shared parking and parking waivers, for senior and low-income housing projects. • If parking requirements are drastically reduced, the City Council may need to evaluate the need for parking districts to mitigate impacts on adjacent neighborhoods. • Bicycle parking, including bicycle lockers, should be closely tied to parking requirements. • There is a need for more shade structure and trees in parking lots. • Staff should evaluate the feasibility of shared parking lots based on different uses and times, such as the high school parking lot. • There is a desire to designate parking spaces for Downtown area employees. • Setback requirements for shade structures against property lines should be reevaluated. The City Council took no formal action on this item. City Council Minutes July 8, 2021 City of Palm Springs Page 11 B. APPROPRIATE FUNDING IN THE AMOUNT OF $200,000 FROM THE FISCAL YEAR (FY) 2021-22 ECONOMIC DEVELOPMENT PROGRAMS BUDGET FOR THE INNOVATION HUB MANAGEMENT AGREEMENT WITH COACHELLA VALLEY ECONOMIC PARTNERSHIP, AND APPROPRIATE FUNDING IN THE AMOUNT OF $125,000 FROM THE FY 2021-22 ECONOMIC DEVELOPMENT PROGRAMS BUDGET FOR THE COACHELLA VALLEY ECONOMIC PARTNERSHIP ANNUAL MEMBERSHIP FEE City Manager Clifton narrated a PowerPoint presentation and responded to City Council inquiries. Individual Councilmember(s) expressed commentary as follows. The below statements do not necessarily reflect Council consensus: • CVEP is performing regional functions despite most of the other Coachella Valley cities not contributing to the partnership. • There is a need to conduct a new Economic Development Plan and evaluate the staff levels of the City’s Economic Development Department. • Additional information is needed regarding the economic benefits, number of companies graduating from CVEP, and how many of those companies stayed in Palm Springs. • There is concern that CVEP is expanding its services without adding personnel. • There needs to be clarity on the roles of the City Council and CVEP and how they can better support each other. • If CVEP is to remain a regional program, there must be equitable financial commitments from other Coachella Valley cities. • There is a need for equitable representation on the CVEP Executive Committee. • There is a need for an economic analysis for the General Plan, noting that the City’s industrial areas are underutilized. In response to City Council inquiries, Laura James, representing CVEP, reported that the Board of Directors plays an advisory and advocacy role for the organization; advised that a minimum $10,000 contribution is required for membership; stated that target economic sectors include healthcare, digital technology, and cyber security; acknowledged that companies in non-member cities have access to services; spoke on the membership and role of the Executive Committee. The City Council agreed to partially fund the CVEP membership fee pending additional evaluation of the program benefits. MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER MAYOR HOLSTEGE, CARRIED 5-0, to: 1. Appropriate funding in the amount of $200,000 from the Fiscal Year 2022 Economic Development Programs Budget for the Innovation Hub Management Agreement with Coachella Valley Economic Partnership. 2. Appropriate funding in the amount of $75,000 from the Fiscal Year 2022 Economic Development Programs Budget for the Coachella Valley Economic Partnership Annual Membership Fee, to be paid in two increments. 3. Authorize the City Manager to execute all necessary documents. City Council Minutes July 8, 2021 City of Palm Springs Page 12 MEETING RECESS The City Council recessed at 8:53 p.m. and returned at 9:11 p.m. with all members present. C. REDISTRICTING 2021: DISCUSSION AND DIRECTION REGARDING THE REDISTRICTING PROCESS AND AUTHORIZATION TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH BEST, BEST & KRIEGER FOR REDISTRICTING CONSULTING SERVICES City Attorney Ballinger noted that as a partner with Best, Best & Krieger he will answer questions from the podium, if any, noting that he will not be acting in his official capacity as the City Attorney. City Clerk Mejia narrated a PowerPoint presentation and responded to City Council inquiries. During the course of discussion, the City Council agreed: 1) with proceeding with a Council-driven process and authorizing the City Clerk to form and work with a working committee related to noticing and outreach, 2) one workshop should be held in each City Council district; 3) notices and marketing should include recruitment for Boards and Commissions. MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to: 1. Move forward with a “Council-Driven Process” and authorizing the City Clerk to establish a resident working group to assist with community outreach. 2. Confirm the schedule of public hearings and community workshops, as amended. 3. In accordance with Palm Springs Municipal Code Section 7.04.030, “Special Expertise Procurement,” approve a Professional Services Agreement with Best Best & Krieger for an amount not to exceed $47,500 for redistricting consulting services. A8906 4. Authorize the City Manager to execute all necessary documents. City Council Minutes July 8, 2021 City of Palm Springs Page 13 D. DISCUSSION OF THE OUTDOOR MERCHANDISE ORDINANCE Development Services Director Fagg narrated a PowerPoint presentation and responded to City Council inquiries. In response to City Council inquiry, City Attorney Ballinger advised there would be a risk exposure to the City if it allows businesses to use the public sidewalks for outdoor merchandise displays, noting that a condition could be imposed requiring compliance with ADA standards. The City Council expressed concern regarding the City’s ability to ensure consistency and enforce ADA standards; agreed that the Planning Commission should further examine the proposal and there is a need to work with the business community and customers. PUBLIC COMMENT: The following individuals spoke in opposition to the placement of the Forever Marilyn statue: • Lisa Schoenberg • Jamie Trachtenberg • Trina Turk • Pilar Amaral • Julie Rogers • Lois Graziano • Mark Davis Brad Anderson, expressed concerns regarding the Coachella Valley Mosquito and Vector Control District. Mayor Holstege commented on the misinformation being spread regarding the Forever Marilyn statue, noting that the rhetoric is offensive and triggering. CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT: Councilmember Kors noted that Palm Springs Pride need information regarding the City’s funding support; suggested that the City Council discuss remote access for City Council meetings after direction is provided by the State in October. ADJOURNMENT: The City Council adjourned at 10:30 p.m. Respectfully submitted, Anthony J. Mejia, MMC City Clerk APPROVED BY CITY COUNCIL: 10/28/2021