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Home My WebLink About2023-03-09 City Council Meeting MinutesThursday, March 9, 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, March 9, 2023, at 5:35 p.m. PLEDGE OF ALLEGIANCE: Niloofar Nasr, a 5th grader at Katherine Finchy Elementary School. 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: Scott Stiles, City Manager, Teresa Gallavan, Deputy Manager, Jeremy Hammond, Deputy City Manager; Flinn Fagg, Deputy City Manager, Jeff Ballinger, City Attorney; Brenda Pree, City Clerk; Brent Rasi, Deputy City Clerk and Chief Andy Mills, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES: Proclamation to, Scarlett Fuerte, the Security Guard for her swift ability to jump into action for the citizens. Swearing in Ceremony for the new City Manager, Scott Stiles. Introduced himself and excited to be a part of City of Palm Springs! ACCEPTANCE OF THE AGENDA: By consensus, the City Council agreed to accept the agenda with item 3A being removed and moved to the next meeting. REPORT OF CLOSED SESSION: The Regular Closed Session of the City Council of March 9, 2023, was called to order by Mayor Garner at 3:31 p.m. City Council Minutes March 9, 2023 City of Palm Springs Page 2 The meeting convened into Closed Session to discuss the following items as listed on the Regular Closed Session Meeting Agenda with no reportable action. EXISITING LITIGATION – Pursuant to Government Code section 54956.9(d)(1): Committee to Relocate Marilyn v. City of Palm Springs, PS Resorts, Riv. Sup. Ct., Case No. CVRI2101435 (4th Appellate District Division 2, Case No. E077773 & E076921; Transferred to 4th Appellate District Division 1, Case No. D080907) CONFERENCE WITH LEGAL COUNSEL – MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2): Three (3) 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. Jesus Magana, Claim # 22-0938, Dated August 30, 2022 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 City Negotiators: Scott Stiles, City Manager Jeremy Hammond, Deputy City Manager Stephanie George, HR Director Peter Brown, Legal Counsel Employee Organization: Palm Springs Police Officers Association (PSPOA) Palm Springs Police Management Association (PSPMA) Public Employees Association of Palm Springs (PEAPS) Management Association of Palm Springs (MAPS) Palm Springs Firefighters Association (PSFA) Palm Springs Fire Management (PSFMA) PUBLIC COMMENT: Alejandro Meza Aguilar Bryan Sanchez City Council Minutes March 9, 2023 City of Palm Springs Page 3 Lyzzeth Mendoza Fred Noble Steve Wilcox Ginny Foat Reyes Lopez Juan Espinosa Kathy Weremiuk Joy Meredith PALM SPRINGS HOUSING AUTHORITY, SPECIAL MEETING OPENED AT 6:05PM. Present: Councilmembers Christy Holstege, Ron deHarte, Lisa Middleton; Mayor Pro Tem Jeffrey Bernstein; and Mayor Grace Elena Garner. PUBLIC COMMENT: None. SPECIAL MEETING CLOSED AT 6:08PM 1. CONSENT CALENDAR: MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to approve the consent calendar. A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361 MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, 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 HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, February 21, 2023. C. APPROVE THE PURCHASE OF CORE SWITCHES FROM AMS.NET WITH FIVE YEARS OF SUBSCRIPTIONS AND SUPPORT MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to approve the purchase of four core switches with five years of subscriptions and support from AMS.NET for $126,400 based on a cooperative contract. City Council Minutes March 9, 2023 City of Palm Springs Page 4 D. APPROVE A THREE-YEAR RENEWAL AGREEMENT WITH INNOVATIVE INTERFACES INC. FOR POLARIS INTEGRATED LIBRARY SYSTEM SOFTWARE, MAINTENANCE, AND HOSTING IN THE AMOUNT OF $97,807 MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to approve a three-year renewal agreement with Innovative Interfaces Inc. (Attachment A) for Polaris Integrated Library System software, maintenance, and hosting for $97,807. E. RATIFY THE NOMINATION OF THE CITY OF COACHELLA AND THE CITY OF INDIO TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to appoint Denise Delgado, representing the City of Coachella, to the Palm Springs International Airport Commission effective immediately for a term ending January 25, 2027. To appoint Rick Wise, representing the City of Indio, to the Palm Springs International Airport Commission effective April 1, 2023, for a term ending April 1, 2026. F. APPROVAL OF A COOPERATIVE CONTRACT FOR ELEVATOR AND ESCALATOR MAINTENANCE FOR THE PALM SPRINGS INTERNATIONAL AIRPORT MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to approve Cooperative Contract Agreement 23C004 with TK Elevator Corporation to provide elevator and escalator maintenance services in accordance with Section 7.09.010 “Cooperative Purchasing Programs,” of the Palm Springs Municipal Code, in an amount not to exceed $84,600 for the initial three-year term beginning on the date provided in the Notice to Proceed, with two one-year extension options at the City’s sole discretion. Approve the appropriation of $28,200 for Fiscal Years 2022-2023, 2023-2024, and 2024-2025 from the Department of Aviation’s Fund 415 fund balance. G. APPROVE AMENDMENT NO. 1 TO REGULATORY AGREEMENT AND DECLARATION OF COVENANTS AND RESTRICTIONS BETWEEN THE SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY AND 2990 TAHQUITZ CANYON WAY LP; AND APPROVE AMENDMENT NO. 3 TO REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS BETWEEN THE HOUSING AUTHORITY OF THE CITY OF PALM SPRINGS AND 2990 TAHQUITZ CANYON WAY LP City Council Minutes March 9, 2023 City of Palm Springs Page 5 MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to approve Amendment No. 1 to the Regulatory Agreement and Declaration of Covenants and Restrictions between the Successor Agency to the Palm Springs Community Redevelopment Agency and 2990 Tahquitz Canyon Way LP, a Delaware limited partnership. Approve Amendment No. 3 to the Regulatory Agreement and Declaration of Restrictive Covenants between the Housing Authority of the City of Palm Springs, a housing authority of the State of California duly organized and existing under the laws thereof, and 2990 Tahquitz Canyon Way LP, a Delaware limited partnership. Authorize the City Manager, or designee, to execute the Amendments, including making minor, non-substantive changes, and to sign all documents necessary. H. ACCEPT AN EMERGENCY MANAGEMENT PERFORMANCE GRANT AWARD FROM THE CALIFORNIA OFFICE OF EMERGENCY SERVICES, THROUGH THE COUNTY OF RIVERSIDE EMERGENCY MANAGEMENT DEPARTMENT, IN THE AMOUNT OF $13,062 TO BE USED TOWARDS THE PURCHASE OF EQUIPMENT FOR THE CITY’S EMERGENCY OPERATIONS CENTER MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to approve the acceptance of a 2022 Emergency Management Performance Grant Award from the California Office of Emergency Services (CalOES), through the County of Riverside Emergency Management Department, in the amount of $13,062. Authorize the City Manager to execute all necessary documents. 2. PUBLIC HEARINGS: A. CONDUCT A TEFRA (TAX AND EQUITY FISCAL RESPONSIBILITY ACT) HEARING FOR THE PROPOSED ISSUANCE OF REVENUE BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY (CMFA) IN AN AMOUNT NOT TO EXCEED $20,000,000 FOR THE PURPOSE OF ASSISTING COMMUNITY PRESERVATION PARTNERS LLC ACQUIRE AND REHABILITATE SUNNYVIEW VILLAS AT 2900-2950 NORTH INDIAN CANYON DRIVE MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, PASSED 5-0 to adopt a Resolution No. 25094 , entitled “RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY MULTIFAMILY HOUSING REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $20,000,000 FOR THE PURPOSE OF FINANCING OR REFINANCING THE ACQUISITION, REHABILITATION, IMPROVEMENT, AND EQUIPPING OF SUNNYVIEW VILLA AND CERTAIN OTHER MATTERS RELATING THERETO." B. A REQUEST BY RIOS, ON BEHALF OF OLD LAS PALMAS PARTNERS, LLC, FOR THE APPROVAL OF A CHANGE OF ZONE APPLICATION TO AMEND City Council Minutes March 9, 2023 City of Palm Springs Page 6 THE CURRENT SPLIT ZONE DESIGNATIONS OF CBD (‘CENTRAL BUSINESS DISTRICT’) AND R-2 (‘LIMITED MULTIPLE-FAMILY RESIDENTIAL’) TO C-1 (‘RETAIL BUSINESS’) FOR A PROPOSED MIXED-USE PROJECT WHICH INCLUDES 24 RESIDENTIAL CONDOMINIUM UNITS AND A 5,411-SQUARE- FOOT COMMERCIAL SPACE ON 2.4-ACRE UNDEVELOPED PARCELS LOCATED AT 575 NORTH PALM CANYON DRIVE, ZONE CBD/R-2, SECTION 10 (CASE 5.1541 CZ) MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER HOLSTEGE, PASSED 5-0, to adopt introduce and waive further reading of an Ordinance No. 2083 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1541 CZ, CHANGE OF ZONE, TO AMEND THE CURRENT SPLIT ZONE DESIGNATIONS OF ‘CENTRAL BUSINESS DISTRICT’ (CBD) AND ‘LIMITED MULTIPLE-FAMILY RESIDENTIAL’ (R-2) TO ‘RETAIL BUSINESS’ (C-1) ENTIRELY FOR A PROPOSED MIXED-USE PROJECT WHICH INCLUDES 24 RESIDENTIAL CONDOMINIUM UNITS AND A 5.411-SQUARE-FOOT COMMERCIAL SPACE ON 2.4-ACRE UNDEVELOPED PARCELS LOCATED AT 575 NORTH PALM CANYON DRIVE, ZONE CBD/R-2, SECTION 10.” 3. BUSINESS & LEGISLATIVE: A. FISCAL YEAR 2021-22 FINANCIAL AUDIT REPORTS OF THE CITY OF PALM SPRING ITEM WAS MOVED TO NEXT COUNCIL MEETING 03/23/2023 B. COUNCIL REQUEST FOR REVIEW OF A DECISION BY THE PUBLIC ARTS COMMISSION TO DENY AN APPLICATION BY DESERT PEAK ENERGY AND WINTEC ENERGY, LTD, FOR REIMBURSEMENT OF $375,000 IN PUBLIC ART FUNDS FOR A PUBLIC ART PROJECT TO BE LOCATED AT 62950 20TH AVENUE; AND A REQUEST FOR WAIVERS OF THE ART PLACEMENT REQUIREMENT AND REIMBURSEMENT PROCESS AS CONTAINED IN PALM SPRINGS MUNICIPAL CODE CHAPTER 3.37. Public Speakers: Peter Mahler, Mark Rios, Brian Adamson, and Anna Choudhuri MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER DEHARTE, PASSED 4-1 (GARNER) to adopt a Resolution No. 25095 , entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE REIMBURSEMENT OF $375,000 IN PUBLIC ART FUNDS TO DESERT PEAK ENERGY AND WINTEC ENERGY, LTD, FOR A PUBLIC ART PROJECT LOCATED AT 62950 20TH AVENUE; AND APPROVAL OF WAIVERS OF THE ART PLACEMENT REQUIREMENT AND REIMBURSEMENT City Council Minutes March 9, 2023 City of Palm Springs Page 7 PROCESS AS CONTAINED IN PALM SPRINGS MUNICIPAL CODE CHAPTER 3.37." ***RECESS FROM 7:25 PM TO 7:37PM*** C. REQUEST TO ADD CHAPTER 5.89 TO THE PALM SPRINGS MUNICIPAL CODE RELATING TO SIDEWALK VENDING; AN AMENDMENT TO CHAPTER 5.48 RELATIVE TO COMMERCIAL SOLICITATION; AND AMENDMENTS TO CHAPTER 6.15 RELATING TO THE REGULATION OF MOBILE FOOD VENDING VEHICLES Discussion amongst council members in regard to changes made to the ordinance and stipulations to the ordinance proposed. Direction to staff is to revise the ordinance and bring back at a later date with revised version. Dep. City Manager Flinn advised he will wait from the Health District on their proposed regulation which will help form our ordinance. PUBLIC COMMENT: Michael Joseph Pitkin Adrian Alcantar Kendall Kalweit Jim Sullivan CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT City Manager Stiles and the City Council discussed the tentative upcoming meeting schedule and agenda items. ADJOURNMENT: The City Council adjourned on Thursday, March 9, 2023, at 9:52 PM. Respectfully submitted, Brenda Pree, MMC, CERA City Clerk APPROVED BY CITY COUNCIL: 03/23/2023