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Home My WebLink About2023-07-10 City Council Meeting Minutes Monday, July 10, 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 Monday, July 10, 2023 , at 5:3 3 p.m. PLEDGE OF ALLEGIANCE: Dexter Pabst, elementary school student, led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Ron deHarte and Lisa Middleton; Mayor Pro Tem Jeffrey Bernstein; and Mayor Grace Elena Garner. Absent: Councilmember Christy Holstege. City Staff Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; Jeremy Present: Hammond, Deputy City Manager; Flinn Fagg, Deputy City Manager; Jeff Ballinger, City Attorney; and Brenda Pree, 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: • Proclamation for Buddy Holly, Palm Springs Ambassador and K-9 Mayor. • Tammy Gordon from the Coachella Valley Mosquito Vector Control provided a presentation regarding mosquitos and summer treatments. ACCEPTANCE OF THE AGENDA: MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 4-0, to accept the agenda with removal of Consent Calendar Item Nos. 1E and 1F and deferring the items to the City Council meeting of September 14, 2023. REPORT OF CLOSED SESSION: The Regular Closed Session of the City Council of July 10, 2023, was called to order by Mayor Garner at 4:00 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 July 10, 2023 City of Palm Springs Page 2 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, Pursuant to Government Code Section 54956.9(d)(1): Under existing facts and circumstances, there was one (1) matter. CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2): Under existing facts and circumstances, there was one (1) matter. CONFERENCE WITH REAL PROPERTY NEGOTIATORS, Pursuant to Government Code Section 54956.8: Property: Serena Park, approx. 155 acres located at N. Whitewater Club Dr., Palm Springs City Negotiator: Scott Stiles, City Manager Negotiating parties: PS Country Club, LLC Under negotiation: Price and terms of payment PUBLIC TESTIMONY: None. 1. CONSENT CALENDAR: MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 4-0, to approve the consent calendar with removal of Item Nos. 1E and 1F and deferring the items to the Regular City Council Meeting of September 14, 2023. A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361 MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 4-0, by motion, find that: 1) The City Council has reconsidered the circumstances of the state of emergency. Even though the State and local declared states of emergency have ended, community spread of COVID-19 continues to exist, and measures to reduce the spread, including physical distancing measures, continue to be necessary for the public, health, safety, and welfare; and 2) State and local officials continue to recommend social distancing measures, which can impact the ability of the City and the public to meet safely in person; and 3) The City Council, and its subordinate bodies (Boards, Commissions, and Committees), shall be authorized to conduct public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act for remote only or hybrid teleconference meetings. City Council Minutes July 10, 2023 City of Palm Springs Page 3 B. REAPPOINTMENT AND RATIFY THE NOMINATION OF THE PALM SPRINGS UNIFIED SCHOOL DISTRICT TO THE PARKS & RECREATION COMMISSION MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 4-0, to: 1. Reappoint Jerry Alcorn to the Parks & Recreation Commission effective immediately to a term expiring June 30, 2026. 2. Appoint Jody Diaz to the Parks & Recreation Commission effective immediately to a term expiring June 30, 2026. C. APPROVAL OF PROGRAM SUPPLEMENTAL AGREEMENT NO. M014-R2 WITH THE STATE OF CALIFORNIA FOR USE OF REGIONAL SURFACE TRANSPORTATION PROGRAM (RSTP) FUNDS AND NATIONAL HIGHWAY PERFORMANCE (NHPP) FUNDS AS PART OF THE HIGHWAY BRIDGE PROGRAM (HPB) FOR THE INDIAN CANYON DRIVE WIDENING & BRIDGE REPLACEMENT, CITY PROJECT NO. 01-11, FEDERAL AID PROJECT NO. BRLO 5282(017) MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 4-0, to: 1. Adopt Resolution No. 25135, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. M014-R2 TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECT NO. 08- 5282F15 WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $10,433,797 FOR THE USE OF REGIONAL SURFACE TRANSPORTATION PROGRAM (RSTP) FUNDS AND NATIONAL HIGHWAY PERFORMANCE (NHPP) FUNDS AS PART OF THE HIGHWAY BRIDGE PROGRAM (HPB) FOR THE INDIAN CANYON DRIVE WIDENING & BRIDGE REPLACEMENT, CITY PROJECT NO. 01-11, FEDERAL AID PROJECT NO. BRLO 5282(017).: 2. Authorize the City Manager to execute all necessary documents. D. APPROVE COOPERATIVE PURCHASE AGREEMENT WITH HD SUPPLY FACILITIES MAINTENANCE, LTD. TO PROVIDE JANITORIAL SUPPLIES AND EQUIPMENT FOR THE PALM SPRINGS INTERNATIONAL AIRPORT MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 4-0, to: 1. Approve Cooperative Purchase Agreement No. 23C091 (Attachment A) with HD Supply Facilities Maintenance, Ltd. to provide janitorial supplies and equipment for the Palm Springs International Airport for a four-year term in an amount not to exceed $600,000 beginning on the date provided in the Notice to Proceed, with a one -year extension option upon mutual agreement. 2. Authorize the City Manager or his designee to execute all necessary documents. City Council Minutes July 10, 2023 City of Palm Springs Page 4 E. SECOND READING AND ADOPTION OF ORDINANCE NO. 2077 OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.89 TO THE PALM SPRINGS MUNICIPAL CODE RELATING TO SIDEWALK VENDING AND AMENDING CHAPTER 5.48 RELATIVE TO COMMERCIAL SOLICITATION This item was removed from the Consent Calendar and deferred to the Regular City Council Meeting of September 14, 2023. F. ORDINANCE AMENDING CITY MUNICIPAL CODE TO ESTABLISH PERMANENT LIMITATIONS ON THIRD-PARTY FOOD DELIVERY FEES This item was removed from the Consent Calendar and deferred to the Regular City Council Meeting of September 14, 2023. G. APPROVE AN AGREEMENT WITH ONLINE COMPUTER LIBRARY CENTER, INC. FOR FIVE YEARS OF CATALOGING, METADATA, AND INTERLIBRARY LOAN SERVICES MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 4-0, to: 1. Approve a five-year agreement with Online Computer Library Center, Inc. in the amount of $159,673 for cataloging, metadata, and interlibrary loan services. 2. Authorize the City Manager to execute all necessary documents. EXCLUDED CONSENT CALENDAR: E. SECOND READING AND ADOPTION OF ORDINANCE NO. 2077 OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.89 TO THE PALM SPRINGS MUNICIPAL CODE RELATING TO SIDEWALK VENDING AND AMENDING CHAPTER 5.48 RELATIVE TO COMMERCIAL SOLICITATION Item No. 1E was deferred to the Regular City Council Meeting of September 14, 2023. F. ORDINANCE AMENDING CITY MUNICIPAL CODE TO ESTABLISH PERMANENT LIMITATIONS ON THIRD-PARTY FOOD DELIVERY FEES Item No. 1F was deferred to the Regular City Council Meeting of September 14, 2023. 2. PUBLIC HEARINGS: None. City Council Minutes July 10, 2023 City of Palm Springs Page 5 3. BUSINESS & LEGISLATIVE: A. PROPOSED AMENDMENT TO THE OPERATIONS COVENANT, TRANSIENT OCCUPANCY TAX SHARE, AND SITE PLAN REVISIONS FOR THE ORCHID TREE HOTEL DEVELOPMENT LOCATED AT 222 S. CAHUILLA ROAD MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 4-0, to adopt Amendment No. 2 to the Amended and Restated Operations Covenant Agreement No. 8449. PUBLIC COMMENT: Zachary Daniel Stone and Geraldine Mataras provided oral testimony. CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT: City Manager Stiles and the City Council discussed the tentative upcoming meeting schedule and agenda items. Councilmember deHarte spoke of a Downtown Ambassador Program to fit the needs of the business community, tourists, and residents. ADJOURNMENT: The City Council adjourned the meeting of Monday, July 10, 2023, at 6:21 p.m. Respectfully submitted, ______________________________ Brenda Pree, MMC, CERA City Clerk APPROVED BY CITY COUNCIL: 9/14/2023