HomeMy WebLinkAbout1BThursday, November 4, 2021
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
Pursuant to Assembly Bill 361, 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 Pro Tem
Middleton on Thursday, November 4, 2021, at 5:30 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 (arrived at 5:50 p.m.)
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:
•PRESENTATION OF A PROCLAMATION TO AL FANDY IN RECOGNITION OF
NATIONAL NURSE PRACTITIONER WEEK
•PRESENTATION OF A PROCLAMATION IN RECOGNITION OF FILIPINO
AMERICAN HISTORY MONTH AND AN OVERVIEW OF FLIPINO AMERICAN
HERITAGE IN PALM SPRINGS BY EDWIN RAMORAN
•PRESENTATION OF THE VOICES FOR CHILDREN PROGRAM FOR FOSTER
CHILDREN
•COVID-19 CASE AND WASTEWATER TESTING UPDATE
Item 1B - 1
City Council Minutes November 4, 2021
City of Palm Springs Page 2
ACCEPTANCE OF THE AGENDA:
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER KORS,
CARRIED 5-0, to accept the agenda with removal of Item No. 1E from the Consent Calendar for
separate discussion.
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of November 4, 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):
David Edwin Bell v. City of Palm Springs
Case No. RIC 1901178, 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):
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: 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
Property Description: 2990 E. Tahquitz Canyon Way (APN: 502-143-004)
Agency: City of Palm Springs
City Negotiator: Justin Clifton, City Manager
Negotiating Parties: Tahquitz Housing Associates, LP
Under Negotiation: Price and Terms of Payment
Item 1B - 2
City Council Minutes November 4, 2021
City of Palm Springs Page 3
CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957.6:
City Negotiators: Justin Clifton, City Manager
Jeremy Hammond, Human Resources Director
Melissa Desmarais, Acting Chief of Police
Peter Brown, City Labor Negotiator
Employee Organization: Public Employees Association of Palm Springs (PEAPS)
Management Association of Palm Springs (MAPS)
Palm Springs Firefighters Association (PSFA)
Palm Springs Fire Management (PSFMA)
PUBLIC EMPLOYEE PERFORMANCE EVALUATION, Pursuant to Government Code Section
54957:
Employee: City Manager
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, speaking on Item 5B, expressed concerns related to the proposed
Navigation Center at 3589 McCarthy Road and urged the City Council to select an alternate site:
•Evernell Black
•Don Stephens
•Paul Merritt
•Ray Shrifi
•Vera Abner
•Joe Abner
•Charles Rogers
•Nancy Gesimondo
•Kathy Larson
•Raghda Zacharia
•Alex Logan
•Bruce Juenger
•Dieter Crawford
•Robert Guillen, Jr.
•Jenny Gil
•David Weiner
•Jarvis Crawford
•Philip Frazer
•Jasla Johnson
•Evelyn Roberts
•Daniel Crayon
•Saul Escobedo
Item 1B - 3
City Council Minutes November 4, 2021
City of Palm Springs Page 4
The following individuals, speaking on Item 5B, expressed support for a proposed Navigation
Center being located in Palm Springs:
•Nona Watson
•Lina Sola
•Jerry Keller
•David Murphy
•Jonathan Primer
•Virginia Giokaris
•Shaun Emerson
•Scott Petty
•Jeffrey Rosenberg
•Barbara Clark
•Bruce Hoban
•Jay Ramstad
•David Turner
•Dr. Barbara Lambert
•Ginny Foat
•Lisa Emerson
David Friedman, speaking on Items 3A and 5C, voiced support for the proposed amendment to
the Public Integrity Ordinance and spoke on the importance of addressing climate change.
Kathy Weremiuk, speaking on Items 5B and 5C, voiced support for the proposed Navigation
Center and spoke on the importance of the urban forest to combat climate change.
Jane Garrison, speaking on Item 5C, urged the City Council to address the protection of natural
habitat as part of the Climate Action Plan.
Paisley Ramstad, speaking on Item 5C, spoke on the importance of leaving natural habitats
undisturbed.
MEETING RECESS
The City Council recessed at 7:50 p.m. and reconvened at 8:00 p.m., with all members present.
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS:
None.
Item 1B - 4
City Council Minutes November 4, 2021
City of Palm Springs Page 5
1.CONSENT CALENDAR:
MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to approve the consent calendar, with the removal of Item No. 1E for
separate discussion.
A.APPROVAL OF PAYROLL WARRANTS, CLAIMS, AND DEMANDS
MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Resolution No. 24954 entitled “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE
PERIOD ENDING 09-04-21 AND 09-18-21 TOTALING $3,690,972.80 AND
ACCOUNTS PAYABLE WARRANTS DATED 08-30-21, 09-02-21, 09-08-21 AND 09-
16-21 TOTALING $4,496,372.29, IN THE AGGREGATE AMOUNT OF $8,187,345.09,
DRAWN ON BANK OF AMERICA."
B.APPROVE PROPOSAL FROM RA STRUCTURAL ENGINEERING, INC. TO
REVIEW SOUTHWEST EXTERIOR WALL STRUCTURE AT JAMES O. JESSIE
DESERT HIGHLAND UNITY CENTER TO SUPPORT A TILE MURAL
MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve $3,500 of Public Arts Funds for RA Structural Engineering, Inc., to evaluate
whether the exterior wall at the James O. Jessie Desert Highland Unity Center can
support a tile mural.
2. Authorize the City Manager to execute all necessary documents.
C.MEMORANDUM OF UNDERSTANDING WITH THE CITY OF INDIO
REGARDING REIMBURSEMENT OF OFF-DUTY PERSONNEL AT SPECIAL
EVENTS
MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1.Approve an agreement between the City of Indio and the City of Palm Springs
regarding reimbursement for utilizing off-duty personnel and related equipment at
special events, effective November 1, 2021. A8994
2. Authorize the City Manager to execute all necessary documents.
Item 1B - 5
City Council Minutes November 4, 2021
City of Palm Springs Page 6
D.APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID THE WASTEWATER TREATMENT PLANT
BLOCK WALL, CITY PROJECT 21-11
MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to approve the plans, specifications, and estimate; and authorize Staff
to advertise and solicit bids for the WWTP Block Wall, City Project 21-11.
E.APPROVAL OF A PURCHASE ORDER TO CAROLLO ENGINEERS, INC. IN AN
AMOUNT NOT TO EXCEED $325,000 FOR THE DEMOLITION OF
ABANDONED FACILITIES AT THE WASTEWATER TREATMENT PLANT,
CITY PROJECT NO. 21-06
This item was removed from the Consent Calendar for separate discussion and considered
under Excluded Consent Calendar.
F.AUTHORIZE ISSUANCE OF A LETTER TO THE FEDERAL RAILROAD
ADMINISTRATION IN SUPPORT OF THE APPLICATION FOR
CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS
GRANT FUNDING FOR THE COACHELLA VALLEY-SAN GORGONIO RAIL
CORRIDOR TIER II PROJECT APPROVAL AND ENVIRONMENTAL
DOCUMENTATION PROJECT
MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to authorize issuance of a letter to the Federal Railroad
Administration in support of the application for Consolidated Rail Infrastructure and Safety
Improvements Grant funding for the Coachella Valley-San Gorgonio Rail Corridor Tier II
Project Approval and Environmental Documentation Project.
EXCLUDED CONSENT CALENDAR:
E.APPROVAL OF A PURCHASE ORDER TO CAROLLO ENGINEERS, INC. IN AN
AMOUNT NOT TO EXCEED $325,000 FOR THE DEMOLITION OF
ABANDONED FACILITIES AT THE WASTEWATER TREATMENT PLANT,
CITY PROJECT NO. 21-06
In response to City Council inquiries, City Engineer Montalvo narrated a PowerPoint
presentation and discussed the potential impacts to park activities, noting that staff will
work to minimize interruptions to pickleball and other activities.
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1.Authorize a Purchase Order in an amount not to exceed $325,000 with Carollo
Engineers, Inc., pursuant to the City’s “on-call” agreement (A8563), for design, bid
phase services, and construction phase services for the WWTP Demolition of
Abandoned Facilities, City Project No. 21-06 (the “Project”).
2. Authorize the City Manager to execute all necessary documents.
Item 1B - 6
City Council Minutes November 4, 2021
City of Palm Springs Page 7
2.PUBLIC HEARINGS:
A.GREEN SAVANTS, LLC, ON BEHALF OF D.L.Y. PACIFIC WEST HALL
(OWNER), APPEALING THE JULY 28, 2021 DECISION OF THE PLANNING
COMMISSION TO DENY A CONDITIONAL USE PERMIT APPLICATION TO
OPERATE A CANNABIS CULTIVATION AND MANUFACTURING FACILITY
WITHIN AN EXISTING 19,192-SQUARE FOOT BUILDING LOCATED AT 888
EAST RESEARCH DRIVE (CASE NO. 5.1480 CUP)
Mayor Holstege announced her recusal due to a potential financial conflict of interest and
left the meeting. Councilmember Garner announced her recusal due to a conflict of
interested related to her source of income and left the meeting.
Development Services Director Fagg narrated a PowerPoint presentation and responded to
City Council inquiries.
Mayor Pro Tem Middleton opened the Public Hearing.
Bruce Bauer, Applicant’s attorney, asserted that the dance studio does not quality as a
“youth center” and voiced objection to denying the proposed project due to its proximity
to the dance studio.
The following individuals spoke in support of the proposed project and urged the City
Council to uphold the appeal:
•Aron Velarde
•Rick Pantele
•Steve Rosenberg
•Kathy Lopez
Kathy Weremiuk, Chair, Planning Commission, summarized the deliberations leading to
the Planning Commission’s interpretation that the dance studio should be considered a
youth center.
Vicky Oltean, voiced opposition to the proposed project and urged the City Council to deny
the appeal.
Edmond Chan, Applicant, addressed the security measures that will be implemented and
urged the City Council to support the appeal.
There being no other desiring speak, Mayor Pro Tem Middleton closed the Public Hearing.
City Council discussion ensued relative to area’s zoning requirements and the history of
the dance studio being located within an industrial zone.
Item 1B - 7
City Council Minutes November 4, 2021
City of Palm Springs Page 8
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 3-0 (COUNCILMEMBER GARNER AND MAYOR HOLSTEGE
RECUSED), to adopt Resolution No. 24955 entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING AN
APPEAL BY GREEN SAVANTS, LLC, AND OVERTURNING THE DENIAL DECISION
OF THE PLANNING COMMISSION REGARDING A CONDITIONAL USE PERMIT
APPLICATION (CASE NO. 5.1480 CUP) TO OPERATE A CANNABIS CULTIVATION
AND MANUFACTURING FACILITY WITHIN AN EXISTING 19,192-SQUARE FOOT
BUILDING LOCATED AT 888 EAST RESEARCH DRIVE,” as amended to add a condition
of approval to require the use of 100% carbon-free energy.
Clerk Note: Later in the meeting, Councilmember Kors motioned for reconsideration of this
Public Hearing. At that time, Councilmember Kors noted that the resolution should be
amended to add a condition of approval to require the use of 100% carbon-free energy for
ongoing operations. It was noted that the applicant has agreed to the condition. Motion was
made by Councilmember Kors, seconded by Councilmember Woods, and carried 3-0 (Mayor
Holstege and Councilmember Garner recused).
B. REDISTRICTING 2021: PUBLIC HEARING REGARDING REDISTRICTING OF
CITY COUNCIL BOUNDARIES AS REQUIRED BY ELECTIONS CODE
SECTION 21601 ET SEQ.
City Clerk Mejia introduced Attorney William Priest who narrated a PowerPoint
presentation and responded to City Council inquiries.
During the course of discussion, the City Council emphasized that efforts should be taken
to minimize the number of residents moved between different election cycles.
Mayor Holstege opened the Public Hearing.
Raghda Zacharia, encouraged the City Council to focus on the best interest of the City as
a whole.
David Friedman, spoke on his interest in the redistricting process; expressed support for
the existing boundaries and ensuring that organized neighborhoods remain intact.
There being no others desiring to speak, Mayor Holstege closed the Public hearing.
During the course of discussion, the City Council addressed the importance of citizen
voting age population (CVAP) data and future population growth in drafting map options;
directed staff to bring forward the goals established by the CVRA Working Group when
districts where first established and to develop an accelerated schedule for City Council
consideration.
The City Council took no formal action on this matter.
Item 1B - 8
City Council Minutes November 4, 2021
City of Palm Springs Page 9
C. CONDUCT A PUBLIC HEARING UNDER THE TAX AND EQUITY FISCAL
RESPONSIBILITY ACT (“TEFRA”) FOR THE PROPOSED ISSUANCE OF
REVENUE BONDS BY THE CALIFORNIA MUNICIPAL FINANCE
AUTHORITY IN AN AMOUNT NOT TO EXCEED $20,000,000 TO FINANCE
THE ACQUISITION, CONSTRUCTION, IMPROVEMENT, AND EQUIPPING
OF A 61-UNIT MULTIFAMILY RENTAL HOUSING FACILITY FOR PEOPLE
OF SPECIAL NEEDS, TO BE LOCATED AT 1527 NORTH SUNRISE WAY IN
THE CITY OF PALM SPRINGS, CALIFORNIA
Community and Economic Development Director Virata presented the staff report.
Mayor Pro Tem Middleton opened and closed the Public Hearing, there being no one
desiring to speak.
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 4-0 (WITH MAYOR HOLSTEGE ABSENT), to:
1. Conduct the public hearing under the requirements of the Tax Equity and Fiscal
Responsibility Act of 1982 (“TEFRA”) and the Internal Revenue Code of 1986, as
amended (the “Code”).
2. Adopt Resolution No. 24956 entitled, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE ISSUANCE OF
REVENUE BONDS BY THE CALIFORNIA MUNICIPAL FINANCING
AUTHORITY (“CMFA”) IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO
EXCEED $20,000,000 TO FINANCE A MULTIFAMILY RENTAL HOUSING
FACILITY FOR THE BENEFIT OF VISTA SUNRISE II, L.P., AND CERTAIN
OTHER MATTERS RELATING THERETO.”
3. Authorize the City Manager or his designee to execute all necessary documents.
3. LEGISLATIVE:
A. AN INTRODUCTION OF AN ORDINANCE ENTITLED “AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 2.60.040(D) OF THE PALM SPRINGS MUNICIPAL
CODE, REGARDING DUTIES OF OFFICIALS AND AMENDING SECTION
2.60.050 OF THE PALM SPRINGS MUNICIPAL CODE, REGARDING DUTIES
OF APPLICANTS, UNDER THE CITY OF PALM SPRINGS PUBLIC
INTEGRITY ORDINANCE”
City Attorney Ballinger presented the staff report and responded to City Council inquiries.
(City Council action continued on the next page)
Item 1B - 9
City Council Minutes November 4, 2021
City of Palm Springs Page 10
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 4-0 (WITH MAYOR HOLSTEGE ABSENT), to introduce
Ordinance No. 2052 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 2.60.040(D) OF
THE PALM SPRINGS MUNICIPAL CODE, REGARDING DUTIES OF OFFICIALS
AND AMENDING SECTION 2.60.050 OF THE PALM SPRINGS MUNICIPAL CODE,
REGARDING DUTIES OF APPLICANTS, UNDER THE CITY OF PALM SPRINGS
PUBLIC INTEGRITY ORDINANCE.” City Clerk Mejia read the ordinance by title.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
A. REVIEW AND DIRECTION REGARDING ELECTRONIC SYSTEMS AND
RECORDS POLICIES
City Attorney Ballinger presented the staff report and responded to City Council inquiries.
Mayor Holstege requested that staff develop a FAQ on the new policies.
MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to direct the City Attorney to move forward with the meet and
confer process relative to the proposed policies.
B. DISCUSSION OF POTENTIAL NAVIGATION CENTER AT 3589 MCCARTHY
ROAD AND 4775 E. RAMON ROAD
City Attorney Ballinger advised that Mayor Holstege may participate on this agenda item,
noting that her spouse has agreed to not receive compensation as a broker for the Ramon
Road property if selected for the Navigation Center. Mayor Holstege announced that she
will recuse herself on the Ramon Road property out of an abundance of caution and left
the meeting.
Community and Economic Development Director Virata and Greg Rodriguez, County of
Riverside, narrated a PowerPoint presentation and responded to City Council inquiries.
Councilmember Garner expressed concern regarding the lack of specific data such as the
types of services to be offered, number of beds needed, ongoing operating costs and
funding sources; noted her disappoint relative to the lack of outreach to neighborhoods
surrounding the McCarthy site.
Discussion ensued relative to the site constraints at the Ramon Road site, addressing
security, loitering and other problematic behavior, ensuring high-quality services and
monitoring results, utilizing a housing-first approach, selecting a service provider with
proven results, and future expansion opportunities.
The City Council concurred that the Ramon Road site is not viable for the proposed
Navigation Center.
Item 1B - 10
City Council Minutes November 4, 2021
City of Palm Springs Page 11
Mayor Holstege returned to the meeting.
Discussion ensued relative to the grant application process and timeline for escrow and
development of the McCarthy site; to immediately issue a Request for Proposals for a
service provider to ensure that operating details can be communicated during the
community outreach process. City Manager Clifton confirmed that the City would likely
be the lead agency in purchasing the property.
MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER
KORS, CARRIED 4-1, (COUNCILMEMBER GARNER VOTING NO) to: 1) pursue
acquisition of 3589 McCarthy Road, contingent upon a funding commitment of $7 million
from the County of Riverside; and 2) direct staff to develop a coordinated community
outreach program, including the Desert Highland and adjacent neighborhoods, relative to
the design and community needs for the Navigation Center.
C. DISCUSSION OF CURRENT, PLANNED, AND POTENTIAL ADDITIONAL
ACTIONS TO MITIGATE CLIMATE CHANGE AND ADAPT TO CLIMATE
IMPACTS
This item was continued to the City Council meeting of November 18, 2021.
ADJOURNMENT:
The City Council adjourned at 11:55 p.m.
Respectfully submitted,
Anthony J. Mejia, MMC
City Clerk
APPROVED BY CITY COUNCIL: __/__/2022
Item 1B - 11