HomeMy WebLinkAbout2021-10-14 CC MINUTESThursday, October 14, 2021
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
Pursuant to Assembly Bill 361 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 , October 14, 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 THE 50TH ANNIVERSARY OF THE FRIENDS OF
PALM SPRINGS LIBRARY PRESENTED TO PRESIDENT NANCY MORRISON
• UPDATE ON THE UNVEILING OF THE FALLEN OFFICERS MEMORIAL MURAL
FOR OFFICER JOSE "GIL" VEGA AND OFFICER LESLEY ZEREBNY
• COMMUNITY INVITATION TO THE DOWNTOWN PARK GRAND OPENING ON
OCTOBER 21, 2021
• PRESENTATION BY NICK BUETTNER ON THE BLUE ZONE INITIATIVE
• COVID-19 CASE AND WASTEWATER TESTING UPDATE
City Council Minutes October 14, 2021
City of Palm Springs Page 2
ACCEPTANCE OF THE AGENDA:
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 5-0, to remove Consent Calendar Item No. 1C for separate discussion
and delete Item 1D from the agenda.
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of October 14, 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 – MATTERS CREATING SIGNIFICANT
EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2):
Four (4) 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 four (4) 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: 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
Property Description: 3589 McCarthy Road, Palm Springs 92234 (APN 669-420-019
Agency: City of Palm Springs
City Negotiator: Justin Clifton, City Manager
Negotiating Parties: Fred Noble
Under Negotiation: Price and Terms of Payment
City Council Minutes October 14, 2021
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Property Description: Palm Springs Airport Property
Agency: City of Palm Springs
City Negotiator: Justin Clifton, City Manager
Negotiating Parties: Air Canada, American, Alaska, Delta, Southwest, United,
WestJet
Under Negotiation: Price and Terms of Payment
CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957.6:
City Negotiator: Justin Clifton, City Manager or Designee
Jeremy Hammond, Human Resources Director
Melissa Desmarais, Acting Chief of Police
Peter Brown, City Labor Negotiator
Employee Organizations: Management Association of Palm Springs
Palm Springs Firefighters Association
Palm Springs Fire Management
Palm Springs Police Management Association
All Unrepresented Employees
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.
PUBLIC TESTIMONY:
The following individuals spoke on Item 5B, urging the City Council to modify the waste hauler
franchise agreement to support the creation of a community composting site within Palm Springs:
• Bailey Preston
• Abbey Winston
• Janet Nelson
• Courtney Brown
The following individuals spoke on Item 5C, urging the City Council to keep the Tour de Palm
Springs on Palm Canyon Drive:
• Brian Ingleson
• Debra Griffith
• Sofia Campos
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS:
Councilmember Kors reported on his attendance at regional meetings and requested that the City
Attorney review the legality of billboards displaying advertisements for cannabis businesses.
Mayor Pro Tem Middleton requested that staff agendize discussion related to Assembly Bill 43;
reported on her attendance at various meetings and events; encouraged residents to learn more
about a new clinical study office in Palm Springs.
City Council Minutes October 14, 2021
City of Palm Springs Page 4
Councilmember Woods provided an update on the Coachella Valley signal synchronization project
and the activities of the Coachella Valley Conservation Commission.
Councilmember Garner encouraged residents to get their flu vaccine; invited residents to
participate in the upcoming District 1 Town Hall meeting.
Mayor Holstege invited residents to the CV Link Grand Opening and to participate in the
upcoming City Council Subcommittee Business Retention meeting.
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to approve the consent calendar, with the removal of Item No. 1C
for separate discussion.
A. APPROVAL OF MINUTES
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to approve the City Council Meeting Minutes of June 10 and
|June 24, 2021.
B. APPROVE AN AGREEMENT WITH AEROCLOUD SYSTEMS, INC. TO
PROVIDE A MULTI-PLATFORM WEB-HOSTED AIRPORT OPERATIONS
DATABASE SERVICE AT PALM SPRINGS INTERNATIONAL AIRPORT
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Approve an agreement with AeroCloud Systems, Inc. to provide a multi-platform web-
hosted Airport Operations Database in the amount of $90,985 for a three-year term with
two one-year options at an annual cost of $29,000, for a total amount of $148,985 for
a five-year period. A8980
2. Authorize the City Manager or his designee to execute all necessary documents.
C. REQUEST BY EPSTEIN GLOBAL ARCHITECTURE ON BEHALF OF JUSHI PS
HOLDINGS LLC FOR A MINOR ARCHITECTURAL APPLICATION FOR
EXTERIOR IMPROVEMENTS TO AN EXISTING CANNABIS DISPENSARY
LOCATED AT 4765 EAST RAMON ROAD(CASE 3.4280 MAA), ZONE M1, APN
#680-101-028
This item was excluded from the Consent Calendar. Please refer to Page 6 of these minutes
for a summary of that action.
City Council Minutes October 14, 2021
City of Palm Springs Page 5
D. APPROVE AN AGREEMENT WITH ABBE & ASSOCIATES FOR TECHNICAL
AND COMPLIANCE ASSISTANCE SUPPORT SERVICES FOR BUSINESSES
RELATIVE TO FOOD WARE AND FOOD WASTE REQUIREMENTS, AND
APPROVE AN APPROPRIATION OF $50,000 FOR SUSTAINABILITY
SCHOLARSHIPS PROGRAM
This item was deleted from the agenda.
E. REQUEST BY DAVID W. SEWHUK AND ROSALIND M. ORZEL, OWNERS,
FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR 360 CABRILLO ROAD UNIT 128-129, A CONTRIBUTING
STRUCTURE IN THE RACQUET CLUB COTTAGES WEST HISTORIC
DISTRICT (APN #504-131-030), (HSPB#88 / HD-3)
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Approve a Mills Act Historic Property Preservation Agreement between the City of
Palm Springs, David W. Sewhuk and Rosalind M. Orzel, and the Racquet Club
Cottages West Homeowners Association. A8981
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement with the County of Riverside.
F. AUTHORIZE ISSUANCE OF A LETTER TO THE COUNTY OF RIVERSIDE
REGARDING DRAFT MAPS FOR COUNTY SUPERVISORIAL DISTRICTS
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to authorize the issuance of a letter to the County of Riverside
regarding draft maps for County Supervisorial districts.
G. UPDATE ON SOCIALLY RESPONSIBLE INVESTING (SRI) AND
ENVIRONMENTAL, SOCIAL GOVERNANCE INVESTING (ESG)
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to receive and file the update on Socially Responsible Investing
(SRI) and Environmental, Social Governance Investing (ESG).
City Council Minutes October 14, 2021
City of Palm Springs Page 6
H. SECOND READING AND ADOPTION OF ORDINANCE NO. 2051 OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 94.08.09 OF THE
PALM SPRINGS ZONING CODE AND APPROVING A DEVELOPMENT
AGREEMENT AMENDMENT WITH PS COUNTRY CLUB, LLC, RELATED TO
THE SERENA PARK PROJECT PERFORMANCE SCHEDULE FOR
CONSTRUCTION, THE DEVELOPMENT AGREEMENT FEE PAYMENT
DATE, AND OTHER MINOR REVISIONS RELATED TO THE CONVERSION
OF THE PALM SPRINGS COUNTRY CLUB GOLF COURSE INTO 386
RESIDENTIAL UNITS LOCATED NORTH OF VERONA ROAD, EAST OF
SUNRISE WAY AND SOUTHWEST OF THE WHITEWATER RIVER WASH
(CASE 5.1427 DA AMENDMENT)
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to adopt Ordinance No. 2051 entitled “AN ORDINANCE OF
THE CITY COUNCIL OF CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
SECTION 94.08.09 OF THE PALM SPRINGS ZONING CODE AND APPROVING A
DEVELOPMENT AGREEMENT AMENDMENT WITH PS COUNTRY CLUB, LLC,
RELATED TO THE SERENA PARK PROJECT PERFORMANCE SCHEDULE FOR
CONSTRUCTION, THE DEVELOPMENT AGREEMENT FEE PAYMENT DATE,
AND OTHER MINOR REVISIONS RELATED TO THE CONVERSION OF THE
PALM SPRINGS COUNTRY CLUB GOLF COURSE INTO 386 RESIDENTIAL UNITS
LOCATED NORTH OF VERONA ROAD, EAST OF SUNRISE WAY AND
SOUTHWEST OF THE WHITEWATER RIVER WASH (CASE 5.1427 DA
AMENDMENT).”
EXCLUDED CONSENT CALENDAR ITEMS:
C. REQUEST BY EPSTEIN GLOBAL ARCHITECTURE ON BEHALF OF JUSHI PS
HOLDINGS LLC FOR A MINOR ARCHITECTURAL APPLICATION FOR
EXTERIOR IMPROVEMENTS TO AN EXISTING CANNABIS DISPENSARY
LOCATED AT 4765 EAST RAMON ROAD(CASE 3.4280 MAA), ZONE M1, APN
#680-101-028
Mayor Holstege announced her recusal due to a potential conflict of interest related to her
source of income and left the meeting.
Director of Development Services Fagg presented the staff report and responded to City
Council inquiries.
By consensus, the City Council requested that the Architectural Advisory Committee
reconsider the building’s exterior façade improvements.
City Council Minutes October 14, 2021
City of Palm Springs Page 7
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 4-0 (MAYOR HOLSTEGE RECUSED), to adopt Resolution
No. 24945 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING A MINOR ARCHITECTURAL
REVIEW APPLICATION (CASE NO. 3.4280 MAA) FOR EXTERIOR
IMPROVEMENTS TO AN EXISTING CANNABIS DISPENSARY LOCATED AT
4765 EAST RAMON ROAD.”
Mayor Holstege returned to the meeting.
2. PUBLIC HEARINGS: None.
3. LEGISLATIVE:
A. ADOPTION OF A RESOLUTION UPDATING THE CITY OF PALM SPRINGS
ADMINISTRATIVE FINE SCHEDULE TO ESTABLISH FINE AMOUNTS FOR
VIOLATIONS OF THE CANNABIS REGULATIONS CONTAINED IN PALM
SPRINGS MUNICIPAL CODE CHAPTER 5.55
Mayor Holstege announced her recusal due to a potential conflict of interest related to her
source of income and left the meeting.
Director of Special Program Compliance Goedhart narrated a PowerPoint presentation and
responded to City Council inquiries.
Following discussion, MOTION BY COUNCILMEMBER WOODS, SECOND BY
COUNCILMEMBER GARNER, CARRIED 4-0 (MAYOR HOLSTEGE RECUSED), to
adopt Resolution No. 24946 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, UPDATING THE ADMINISTRATIVE FINE
SCHEDULE TO ESTABLISH FINE AMOUNTS FOR VIOLATIONS OF THE
CANNABIS REGULATIONS CONTAINED IN PALM SPRINGS MUNICIPAL CODE,"
with the following amendment:
a. “If any action or inaction qualifies under multiple fine amounts (i.e., could be
categorized as a moderate violation or a serious violation, etc.) then whatever lesser
higher fine amount is applicable shall be assessed.”
Mayor Holstege returned to the meeting.
City Council Minutes October 14, 2021
City of Palm Springs Page 8
4. UNFINISHED BUSINESS:
A. DISCUSSION OF CITY COUNCIL STRATEGIC PLANNING RETREAT
City Manager Clifton presented the staff report and responded to City Council inquiries.
The City Council agreed to hold the first session on November 20, 2021 and encouraged
staff to schedule the second session soon thereafter.
5. NEW BUSINESS:
A. AGREEMENT BETWEEN PALM SPRINGS UNIFIED SCHOOL DISTRICT AND
CITY OF PALM SPRINGS FOR LAW ENFORCEMENT SERVICES FROM
PALM SPRINGS POLICE DEPARTMENT FOR SCHOOL RESOURCE OFFICER
City Manager Clifton introduced Palm Springs Unified School District Superintendent
Swize who presented the staff report and responded to City Council inquiries.
During the course of the discussion, members of the City Council expressed concern
regarding the use of Local Control and Accountability Plan (LCAP) funding for
reimbursement of the School Resource Officer (SRO).
Councilmember Garner noted that residents of her district are concerned about the
placement of SROs in schools, citing that black students are subject to a disproportionate
amount of discipline.
By consensus, the City Council agreed: 1) that the City of Palm Springs will not accept
Local Control and Accountability Plan (LCAP) funds from the school district as
reimbursement, 2) that the agreement renewal should be agendized for discussion and a
school district representative should be invited to the City Council meeting.
MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER
WOODS, CARRIED 4-1 (COUNCILMEMBER GARNER VOTING NO), to:
1. Approve an agreement between the Palm Springs Unified School District and the City of
Palm Springs to provide a full-time police officer (School Resource Officer) on the campus
of Palm Springs High School and Desert Learning Academy for one year, expiring at the
end of the 2021/2022 school year. A8982
2. Authorize the City Manager to execute all necessary documents.
MEETING RECESS
The City Council recessed at 8:30 p.m. and reconvened at 8:45 p.m., with all members present.
City Council Minutes October 14, 2021
City of Palm Springs Page 9
B. CONSIDER AN EXTRAORDINARY RATE ADJUSTMENT REQUEST AND AN
ANNUAL RATE ADJUSTMENT PROPOSAL FOR SOLID WASTE AND
RECYCLING COLLECTION SERVICES
Sustainability Manager Tallarico presented the staff report and responded to City Council
inquiries.
Mayor Holstege expressed concerns about moving forward with an extraordinary rate
adjustment when other matters related to the franchise agreement need to be resolved,
suggesting that all matters should be addressed holistically.
Councilmember Woods expressed concern that the rate increase is proportionately more
for economy trash service than walk-in rates and requested more information in the future.
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 4-1 (MAYOR HOLSTEGE VOTING NO), to:
1. Approve an extraordinary rate adjustment for Palm Springs Disposal Services to address
unanticipated costs associated with recycling and waste management.
2. Approve the current year standard rate adjustment for the period of July 1, 2021, through
June 30, 2022.
3. Authorize the City to conduct a Public Hearing in accordance with Proposition 218 to get
resident approval for these increases.
C. DISCUSSION OF TOUR DE PALM SPRINGS 2022 EVENT
Special Events Manager Waits narrated a PowerPoint presentation of the 2022 Tour De
Palm Springs event.
By consensus, the City Council agreed that the Tour De Palm Springs should remain on
Palm Canyon Drive and requested that staff and stakeholders meet to discuss ways to
mitigate impacts to nearby businesses.
PUBLIC COMMENT ON NON-AGENDA ITEMS:
Jaclyn Aviles, invited the City Council to the open house event for the Think Together
After-School Program.
Jackie Lopez, invited the City Council and public to an open house for Green Savants.
City Council Minutes October 14, 2021
City of Palm Springs Page 10
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT:
Councilmember Kors requested staff agendize potential amendments to the Public Integrity
Ordinance and consideration of issuing a letter to the Attorney General to investigate claims by
the ACLU against the Riverside County Sheriff’s Department.
ADJOURNMENT:
The City Council adjourned at 10:27 p.m.
Respectfully submitted,
Anthony J. Mejia, MMC
City Clerk
APPROVED BY CITY COUNCIL: 01/13/2022