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Home My WebLink About2022-07-14 CC MINUTES{ IVALM4 i2 ' O V N Cq//FORN�P Thursday, July 14 2022 Minutes of the Regular Meeting of the City Council of the City of Palm Springs Pursuant to Assembly Bill 361 this meeting was conducted, in part, by teleconference. CALL TO ORDER: A Regular Meeting of the Palm Springs City Council was called to order by Mayor Middleton on Thursday, July 14, 2022, at 5:40 p.m. PLEDGE OF ALLEGIANCE: Mayor Middleton led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Christy Holstege, Geoff Kors, Dennis Woods; Mayor Pro Tem Grace Elena Garner; and Mayor Lisa Middleton Absent: None. City Staff Present: Justin Clifton, City Manager; Teresa Gallavan, Assistant City Manager, Ryan Guiboa, Deputy City Attorney; and Monique Lomeli, Interim City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. ACCEPTANCE OF THE AGENDA: MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to add an urgency Item 1 H to the agenda. By consensus, the City Council agreed to remove Consent Calendar Item No. 1D for separate discussion. REPORT OF CLOSED SESSION: The Regular Closed Session of the City Council of July 14, 2022, was called to order by Mayor Middleton 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: MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION G C. § 54956.9(d)(2): Three (3) matters that, in the opinion of the City council on the advice of the City Attorney, based City Council Minutes July 14 2022 on existing facts and circumstance, there is significant exposure to litigation against the City. Letter from Law Offices of Mahon & Associates and Law Offices of Bennett, Sharpe, & Bennett, Inc., dated July 5, 2022, on behalf of Survivors & Descendants of Section 14. DISCUSSION TO CONSIDER INITIATION OF LITIGATION Gov't Code § 54956.9(d)(1): Under existing facts and circumstances, there are two (2) matters the City Council has decided or may decide to initiate litigation. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION Gov't Code 54957.6: Name of case: Friends of Mayor Frank Bogert v. City of Palm Springs, Riv. Ct. Case No. CVPS2201657 CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54956.8 Property Descriptiori: 2990 E. Tahquitz Canyon Way (APN: 502-143-004) Palm Springs, CA Agency: City of Palm Springs City Negotiator: Justin Clifton, City Manager Negotiating Parties: Tahquitz Housing Associates, LP Under Negotiation: Price and Terms of Payment for Real Property Covenants PUBLIC TESTIMONY: Amelia Mayhem Elise Perdue Darrell Bomb Lex Ortega Stephen Moses Brad Anderson Aftab Dada Kathy Warmack Tobias Wolfe Rachel Ankeny Bill Keating Joy Meredith Naomi Soto Scott Nevins Jenni Foe Ron DeHarte City of Palm Springs Page 2 City Council Minutes July 14, 2022 1. CONSENT CALENDAR: MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to approve the consent calendar, with the removal of Item No. 11) for separate discussion. A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361 MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to find that the City Council has considered the circumstances of the state of emergency during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing, and as a result, the Palm City Council and all of Palm Springs Board, Commission, and Committee meetings may be held by videoconference, in accordance with AB 361 B. APPROVAL OF MINUTES MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to Approve the City Council Meeting Minutes of December 9, 2021. C. APPROVAL OF CITY COUNCIL MEMBER APPOINTMENTS AS REPRESENTATIVES TO EXTERNAL ORGANIZATIONS MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to: 1. Appoint Mayor Middleton and Mayor Pro Tern Garner (Alternate) to the Coachella . Valley Association of Governments Executive Committee. 2. Appoint Mayor Pro Tern Garner to the Riverside County Community Action Commission. 3. Authorize the City Clerk to prepare and execute FPPC Form 806, Public Official Appointments. D. RESOLUTION DECLARING THE CITY OF PALM SPRINGS A SAFE CITY FOR REPRODUCTIVE FREEDOM AND ACCESS TO ABORTION MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to Adopt Resolution No. 25037 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING PALM SPRINGS A SAFE CITY FOR REPRODUCTIVE FREEDOM AND ACCESS TO ABORTION." E. EARLY LUMP SUM ANNUAL PAYMENT TO CALPERS TOWARD RETIREE UNFUNDED ACCRUED LIABILITY City of Palm Springs Page 3 City Council Minutes July 14 2022 MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to Receive and file a report on the early lump sum annual payment to Ca1PERS toward retiree Unfunded Accrued Liability. F. INITIATION OF ANNEXATION NO. 25 TO COMMUNITY FACILITIES DISTRICT NO.2005-1 (PUBLIC SAFETY SERVICES) MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to Adopt Resolution No. 25029 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY INTO A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES FOR CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1, (PUBLIC SAFETY SERVICES), ANNEXATION NO. 25, TRACT MAP NO. 38416." G. APPROVAL OF INCREASE TO PURCHASE ORDER WITH INSIGHT ENTERPRISES, INC. FOR ADDITIONAL MICROSOFT ENTERPRISE LICENSING MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to Approve an increase to the purchase order with Insight Public Sector, Inc. for the Microsoft Enterprise Licensing Agreement, from $145,241 to an amount not to exceed $220,000 for the third and final year of the purchase order. H. AUTHORIZE A LETTER CONCERNING THE ALLOCATION OF MONKEY PDX VACCINATIONS IN THE COACHELLA VALLEY MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM GARNER, CARRIED 5-0, to authorize the issuance of a letter to public health officials and appropriate representatives advocating for an adequate supply of Monkey Pox vaccinations; Final letter to be approved by City Manager or Mayor. EXCLUDED CONSENT CALENDAR: 2. PUBLIC HEARINGS: A. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS CITYWIDE FOR FISCAL YEAR 2022- 2023 MOTION BY MAYOR MIDDLETON, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to: 1. Open the Public Hearing and take public testimony. 2. Adopt Resolution No. 25038 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE ENGINEER'S REPORT AND ORDERING THE CONTINUED OPERATION AND MAINTENANCE OF IMPROVEMENTS FOR STREET LIGHTING City of Palm Springs Page 4 City Council Minutes July 14, 2022 MAINTENANCE DISTRICT NO.3, AND PARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 (ZONES I AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12, AND ORDERING THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2022/2023. " A. CONSIDERATION OF SISTER CITY PROGRAM PROPOSAL Provided direction to staff as appropriate. B. REQUEST BY PALM SPRINGS COFFEESHOP, LLC FOR A MINOR MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENTS FOR A CANNABIS DISPENSARY/CAFE LOUNGE AT 605 EAST SUNNY DUES ROAD (CASE 7.1647 AMM) MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 4-1 (MIDDLETON VOTING NO), to Adopt Resolution No. 25039 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENT IN SECTION 93.23.15 FOR A CANNABIS FACILITY (COFFEESHOP, LLC) PROPOSED AT 605 EAST SUNNY DUNES ROAD FROM AN EXISTING CANNABIS LOUNGE (CASE 7.1647 AMM)." C. CVRA WORKING GROUP RECOMMENDATION — REDUCING BARRIERS TO RUNNING FOR CITY COUNCIL AND WORKING ON CITY COUNCIL The City Council provided direction to staff as appropriate. D. APPROPRIATE FUNDS FOR A FACADE IMPROVEMENT/ BUSINESS ASSISTANCE GRANT PROGRAM FOR COMMERCIAL PROPERTY OWNERS OR TENANTS THROUGHOUT THE CITY OF PALM SPRINGS AND APPROVE $150,000 TO FUND THE PROGRAM MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR MIDDLETON, CARRIED 5-0, to: 1. Appropriate funds in the amount of $180,000 to the Facade Improvements Grant Program for Commercial -Retail Businesses throughout the City of Palm Springs. 2. Provide direction to staff on the implementation of a Security Video Camera System Grant program in the additional amount of $20,000, and to explore the potential for a City-wide vandalism repair program. 3. Authorize City Manager or his designee to execute all documents. City of Palm Springs Page 5 City Council Minutes July 14 2022 PUBLIC TESTIMONY (NON -AGENDA): Brad Anderson Kathy Warmack CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT: City Manager Clifton updates on upcoming Agendas. Mayor Pro Tern Gamer asks to remove items to lessen the agendas. Councilmember Kors speaks on Adult -Orientated business. ADJOURNMENT: 11:27 P.M. Respectfully submitted, y BrendaPMC, CERA City Clerk APPROVED BY CITY COUNCIL: 11/28/2022 City of Palm Springs Page 6