HomeMy WebLinkAbout2021-08-04 CC MINUTESWednesday, August 4, 2021
Minutes of the Special 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 Special Meeting of the Palm Springs City Council was called to order by Mayor Holstege on
Wednesday, August 4, 2021, at 4:30 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Pro Tem Middleton 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.
1. PUBLIC TESTIMONY:
Jerry Keller, spoke in favor of allowing the continued use of parklets.
The following individuals expressed support for a Citywide mask mandate and/or proof of vaccine
or a recent negative Covid-19 test for large scale events:
• Jeffrey Bernstein
• Bruce Hoban
• Mariah Hanson
• Aron Valarde
• Carlos Cota
Wickham Zimmerman, asserted that face coverings and masks are not effective to prevent the
spread of Covid-19.
David Justin Lynch, expressed support for a vaccine mandate for City employees and frontline
workers.
City Council Minutes August 4, 2021
City of Palm Springs Page 2
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
2. DISCUSSION AND CONSIDERATION OF ADDITIONAL FACE-COVERING
POLICY, MANDATORY VACCINATIONS FOR CITY STAFF, AND OTHER
POSSIBLE CHANGES TO COVID-19 RESPONSE POLICY:
City Manager Clifton, Emergency Management Coordinator DeSelms, and City Engineer
Montalvo narrated a PowerPoint presentation and responded to City Council inquiries.
In response to City Council inquiries, City Attorney Ballinger advised that Health Insurance
Portability and Accountability Act (HIPPA) regulations do not apply to businesses requesting
vaccination status; advised that a business may require proof of vaccination to dine indoors
and provide reasonable accommodations for unvaccinated patrons, such as take out service.
The City Council expressed concern regarding the use of police and code enforcement
personnel to proactively enforce mandates and agreed that staff should primarily respond to
complaints and unruly customers.
By consensus, the City Council expressed support for enacting regulations to require proof of
vaccination or a recent and regular negative PCR Covid-19 test for City employees and to
require all individuals, regardless of vaccination status, to wear face coverings to enter City
facilities. City Manager Clifton advised that he would need to meet and confer with Bargaining
Units regarding the proposed regulations and that Boards and Commissions will continue
meeting remotely consistent with the City Council’s direction.
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 5-0, to require face-covering indoors for all individuals, regardless
of vaccination status.
Following discussion, MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR
HOLSTEGE, CARRIED 5-0, to require restaurants and bars to verify proof of vaccination or
a recent negative PCR Covid-19 test for indoor service, to be effective within three weeks.
Mayor Pro Tem Middleton requested staff to agendize a follow-up discussion at a City Council
meeting in September.
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR HOLSTEGE,
CARRIED 5-0, to require proof of vaccination or a recent negative PCR Covid-19 test for
large-scale ticketed and permitted events.
The City Council agreed to require face-coverings for VillageFest and other large outdoor
events; requested staff to submit emergency order citation appeals to the City’s third -party
citation processing center.
City Council Minutes August 4, 2021
City of Palm Springs Page 3
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
REPORT OF CLOSED SESSION:
The Special Closed Session of the City Council of August 4, 2021, was called to order by Mayor
Holstege at 4:30 p.m., with all members present.
The meeting convened into Closed Session to discuss the following items as listed on the Special
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):
One (1) matter that, under the existing circumstances, the City Attorney beli eves creates
significant exposure to litigation.
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.
ADJOURNMENT:
The City Council adjourned at 7:28 p.m.
Respectfully submitted,
Anthony J. Mejia, MMC
City Clerk
APPROVED BY CITY COUNCIL: 12/09/2021