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Home My WebLink About2023-02-09 City Council Meeting MinutesThursday, February 09, 2023 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 Garner on Thursday, February 09, 2023, at 5:30 p.m. PLEDGE OF ALLEGIANCE: Kamryn Cavoretto, 7-year-old 2nd grader from Cahuilla Elementary School. He enjoys math, Minecraft, Legos and his older sisters. ROLL CALL: Present: Councilmembers Christy Holstege, Ron deHarte, Lisa Middleton; Mayor Pro Tem Jeffrey Bernstein; and Mayor Grace Elena Garner. Absent: None. City Staff Present: Teresa Gallavan, Interim City Manager, Jeremy Hammond, Deputy City Manager; Flinn Fagg, Deputy City Manager, Jeffrey Ballinger, City Attorney; Brenda Pree, City Clerk and Cassandra Edney, Deputy City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES: None. ACCEPTANCE OF THE AGENDA: By consensus, the City Council agreed to accept the agenda with Consent Item No’s 1G removed by staff for correction. REPORT OF CLOSED SESSION: The Regular Closed Session of the City Council of February 09, 2023 was called to order by Mayor Garner at 3:32 p.m., The meeting convened into Closed Session to discuss the following items as listed on the Regular Closed Session Meeting Agenda with no reportable action. City Council Minutes February 09, 2023 City of Palm Springs Page 2 EXISITING LITIGATION – Pursuant to Government Code section 54956.9(d)(1): Worker’s Compensation Claim # 22-160550 (Andrew Cotter) CONFERENCE WITH LEGAL COUNSEL – MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2): Two (2) matters that, in the opinion of the City council on the advice of the City Attorney, based on existing facts and circumstance, there is significant exposure to litigation against the City. 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 is one (1) matter 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: Highway 111, within the City of Palm Springs jurisdictional boundaries City Negotiator: Teresa Gallavan, Interim City Manager; Joel Montalvo, City Engineer Negotiating Parties: California Department of Transportation (CalTrans) Under Negotiation: Price and Terms of transfer Property: Lot W of Tract 3554, located in Desert Palisades Community City Negotiator: Teresa Gallavan, Interim City Manager, Flinn Fagg, Dep. City Manager Negotiating Parties: Pinnacle View, LLC Under Negotiation: Price and Terms PUBLIC COMMENT: Mike Guerra Danny Parodi Irene Gilbert Tiffany Poremba Kate Castle Mark Davis Michael Joseph Pitkin Brian Hurd City Council Minutes February 09, 2023 City of Palm Springs Page 3 Ginny Foat Richard Weintraub Joshua Gottheium 1. CONSENT CALENDAR: MOTION BY COUNCILMEMBER MIDDELTON, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to approve the consent calendar with 1G being removed for staff correction. A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361 MOTION BY COUNCILMEMBER MIDDELTON, SECOND BY COUNCILMEMBER DEHARTE, 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 Springs 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 MIDDELTON, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0, January 26, 2023. C. APPROVAL OF PAYROLL WARRANTS, CLAIMS, AND DEMANDS MOTION BY COUNCILMEMBER MIDDELTON, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to adopt Resolution No. 25085 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 01-07-23 AND 01-21-23 TOTALING $4,265,785.49 AND ACCOUNTS PAYABLE WARRANTS DATED 01-05-23 AND 01-19-23 TOTALING $8,672,298.41, IN THE AGGREGATE AMOUNT OF $12,938,083.90, DRAWN ON BANK OF AMERICA.” D. RATIFYING THE ANNUAL ADJUSTMENT OF THE ACCES LINE RATE PURUSANT TO PALM SPRINGS MUNICIPAL CODE 3.39.050 APPRVED BY VOTERS BY MEASURE “G”. MOTION BY COUNCILMEMBER MIDDELTON, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to adopt Resolution No. 25086 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RATIFYING THE ANNUAL ADJUSTMENT OF THE ACCESS LINE RATE PURSUANT TO PALM SPRINGS MUNICIPAL CODE §3.39.050 APPROVED BY VOTERS BY MEASURE “G”. City Council Minutes February 09, 2023 City of Palm Springs Page 4 E. REQUEST FOR APPROVAL OF ADDITIONAL FUNDING FOR THE TURF CONVERSION MATHING REBATE PROGRAM MOTION BY COUNCILMEMBER MIDDELTON, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to approve an additional appropriation of $300,000 from the General Fund’s Climate Action allocation to provide a match to DWA’s turf conversion rebate. F. APPROVE CONTRACT SERVICE AGREEMENT NO. A9183 WITH JOHNSON CONTROLS FIRE PROTECTION, LP TO TEST AND INSPECT THE FIRE ALARM SYSTEM AT PALM SPRINGS INTERNATIONAL AIRPORT. MOTION BY COUNCILMEMBER MIDDELTON, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to approve contract service agreement No. A9183 with Johnson Controls Fire Protection, LP to test and inspect the fire alarm system at the Palm Springs International Airport and provide repairs as needed, in an amount not to exceed $90,000, beginning January 1, 2023, through December 31, 2025. G. SECOND READING AND ADOPTION OF ORDINANCE NO. 2082 OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 5.77 RELATING TO ADULT-ORIENTATED BUSINESSES MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0 to pull for correction and to be considered the First Ordinance Reading for Ordinance No. 2082 “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.77 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO ADULT-ORIENTED BUSINESS REGULATIONS.” H. SECOND READING AND ADOPTION OF ORDINANCE NO. 2081 ENTITLED “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 16.04 OF THE PALM SPRINGS MUNICIPAL CODE ENTITLED “GENERAL RULES AND REGULATIONS” AND SECTION 11.08.080, RELATING TO TRESPASS ON RESIDENTIAL AND PUBLIC PROPERTY.” MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to Second Reading for ordinance No. 2081, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 16.04 OF THE PALM SPRINGS MUNICIPAL CODE ENTITLED “GENERAL RULES AND REGULATIONS” AND SECTION 11.08.080, RELATING TO TRESPASS ON RESIDENTIAL AND PUBLIC PROPERTY.” City Council Minutes February 09, 2023 City of Palm Springs Page 5 I. A REQUEST BY JOHN W. MICH, OWNER, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 1851 SANDCLIFF ROAD, A CONTRIBUTING STRUCTURE IN THE SANDCLIFF GARDEN APARTMENT HOMES HISTORIC DISTRICT (APN #510-040-011), (HSPB #96/HD-5) MOTION BY COUNCILMEMBER MIDDELTON, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to; approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs, John W. Mich, and the Sandcliff Homeowners Association. J. APPROVE REPAIR TO CHAIRMAN OF THE LINKS SCULPTURE IN THE AMOUNT OF $895 PUBLIC ARTS FUND MOTION BY COUNCILMEMBER MIDDELTON, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to; approve repairs to the Chairman of the Links sculpture located at 124 South Palm Canyon Drive in the amount of $895 of Public Art Funds. K. APPROVE THE USE OF PUBLIC ART FUNDS IN THE AMOUNT OF $3,333 FOR THE PALM SPRINGS ART MUSEUM BLACK HISTORY MONTH ART EVENT MOTION BY COUNCILMEMBER MIDDELTON, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to approve funding in the amount of $3,333 of Public Art Funds to the Palm Springs Art Museum for Black History Month artist fees. L. ACCEPT AN AWARD FROM THE U.S. DEPARTMENT OF JUSTICE IN THE AMOUNT OF $20,398, APPROVE AN INTERLOCAL AGREEMENT WITH OTHER PARTICIPATING RIVERSIDE COUNTY CITIES AND THE COUNTY OF RIVERSIDE, AND AUTHORIZE ADMINISTRATION OF THE GRANT. MOTION BY COUNCILMEMBER MIDDELTON, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to approve the acceptance of a grant award from the United States Department of Justice in the amount of $20,398 for the 2022 Justice Assistance Grant (JAG) Program and approve Interlocal Agreement 23F014 with the County of Riverside and various cities within Riverside County, authorizing the County of Riverside to administer the grant on behalf of participating agencies. 2. PUBLIC HEARINGS: A. AP AN APPLICATION BY THE CITY OF PALM SPRINGS FOR HISTORIC DESIGNATION OF “THE SECURITY FIRST NATIONAL BANK” LOCATED AT 500 SOUTH INDIAN CANYON DRIVE, (APN #508-121-001), CASE HSPB #137 Public Speakers for Public Hearing – Barbara Marshall, Gary Johns, Chris Jares, and Jeff Pieper. City Council Minutes February 09, 2023 City of Palm Springs Page 6 MOTION BY COUNCIL MEMBER MIDDLETON, SECOND BY COUNCILMEMBER DEHARTE, PASSED 4-1 (Bernstein, Jeffrey) to deny the application and request for further conversation per the owners request to figure out how to come to an agreement. B. ADOPT A RESOLUTION AMENDING THE CITY’S COMPREHENSIVE FEE SCHEDULE TO INCORPORATE THE PROPOSED VACATION RENTAL JUNIOR PERMIT FEE, TO BECOME EFFECTIVE APRIL 10, 2023 MOTION BY COUNCIL MEMBER MIDDLETON, SECOND BY COUNCILMEMBER DEHARTE, PASSED 4-0-1 (Holstege, Christy RECUSED) to adopt a Resolution No. 25087 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING THE FEE FOR THE VACATION RENTAL JUNIOR PERMIT.” C. AN APPLICATION BY THE VILLA ROMA HOMEOWNERS’ ASSOCIATION FOR HISTORIC DISTRICT DESIGNATION OF “THE VILLA ROMA GARDEN HOMES” LOCATED AT 2500 SOUTH SIERRA MADRE DRIVE (MASTER APN #512-120-070), CASE HSPB #140 This item will be requested to be continued on a date certain of February 21, 2023. ***RECESS FROM 7:33 PM TO 7:44PM*** 3. BUSINESS & LEGISLATIVE: A. APPROPRIATE $3,000,000 FOR THE PALM SPRINGS NAVIGATION CENTER; APPROVE A RESOLUTION ADOPTING A NONDISCRIMINATION POLICY FOR HOMEKEY FUNDED PROJECTS; AND RECEIVE AN UPDATE ON THE NAVIGATION CENTER PROJECT. MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to appropriate and budget funds in the amount of $3,000,000 for the Navigation Center project located at 3589 McCarthy Road and to adopt a Resolution No. 25088 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A NONDISCRIMINATION POLICY FOR ANY PROGRAM OR ACTIVITY FUNDED IN WHOLE OR IN PART WITH HOMEKEY FUNDS.” B. ADOPT A RESOLUTION DETERMINING AND RECOGNIZING AREAS IN THE CITY NOT LOCATED IN A CITY-RECOGNIZED NEIGHBORHOOD FOR THE PURPOSE OF PALM SPRINGS MUNICIPAL CODE CHAPTER 5.25 – VACATION RENTALS MOTION BY MAYOR GARNER, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 4-0-1 (Holstege, Christy RECUSED) to adopt a Resolution No. 25089 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, City Council Minutes February 09, 2023 City of Palm Springs Page 7 CALIFORNIA, DETERMINING AND RECOGNIZING AREAS IN THE CITY THAT ARE NOT LOCATED IN A CITY-RECOGNIZED NEIGHBORHOODS FOR PURPOSE OF PALM SPRINGS MUNICIPAL CODE CHAPTER 5.25 – VACATION RENTALS.” C. DISCUSSION OF PROPOSED AMENDMENTS TO THE OPERATIONS COVENANT, TRANSIENT OCCUPANCY TAX SHARE, AND SITE PLAN REVISIONS FOR THE ORCHID TREE HOTEL DEVELOPMENT LOCATED AT 222 S. CAHUILLA ROAD DISCUSSION AMONGST COUNCIL AND FLINN IN REGARD TO STATUS OF THE REQUEST. DEVELOPER, RICHARD WEINTRAUB, ANSWERS QUESTIONS FROM COUNCIL. COUNCIL DISAGREES WITH THE REQUEST AND ADVISES STAFF AND DEVELOPER TO HAVE FURTHER CONVERSATIONS. PUBLIC COMMENT: Michael Joseph Pitkin, resident David Feltman Richard Noble (was called and left before speaking) Dorian Whitney CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT Interim City Manager Gallavan and the City Council discussed the tentative upcoming meeting schedule and agenda items. ADJOURNMENT: The City Council adjourned on Thursday, February 09, 2023, at 9:13 PM. Respectfully submitted, Brenda Pree, MMC, CERA City Clerk APPROVED BY CITY COUNCIL: 02/21/2023