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HomeMy WebLinkAbout2023-11-09 City Council Meeting Minutes Thursday, November 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, November 9, 2023, at 5:45 p.m. PLEDGE OF ALLEGIANCE: Rebeccah La Cour, high school student, led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Christy Holstege, Ron deHarte, and Lisa Middleton; Mayor Pro Tem Jeffrey Bernstein; and Mayor Grace Elena Garner. Absent: None. City Staff Present: Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; Flinn Fagg, Deputy City Manager; Jeremy Hammond, Deputy City Manager; Jeff Ballinger, City Attorney; Mike Kovaleff, Police Captain; 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: • Veteran’s Day Events Presentation by Fred Bell. • Pride Parade Presentation by City Manager Stiles. ACCEPTANCE OF THE AGENDA: MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to accept the agenda with removal of Consent Calendar Item Nos. 1C and 1L for separate discussion. REPORT OF CLOSED SESSION: The Closed Session of the City Council of November 9, 2023, was called to order by Mayor Garner at 4:35 p.m. City Council Minutes November 9, 2023 City of Palm Springs Page 2 CLOSED SESSION PUBLIC COMMENT: Janice Lyle, Kurt Cyr, Debra Hovel, Richard Hovel, Mark Davis, David Zipell, Trina Turk, Courtney Newman, and Steve Nash provided oral testimony. The meeting convened into Closed Session to discuss the following items as listed on the Closed Session Meeting Agenda, with no reportable action: 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. PUBLIC TESTIMONY: Michael John Hornp, Dave Powell, Brad Anderson, Erik Graham, and John McBain provided oral testimony. 1. CONSENT CALENDAR: MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve the consent calendar with removal of Item Nos. 1C and 1L for separate discussion. 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 HOLSTEGE, CARRIED 5-0, 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. B. APPROVAL OF MINUTES MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve the City Council Meeting Minutes of October 12, 2023, and October 26, 2023. City Council Minutes November 9, 2023 City of Palm Springs Page 3 C. RESOLUTION SETTING THE REGULAR CITY COUNCIL MEETING SCHEDULE FOR 2024 This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar. D. REVIEW OF THE ROSTER OF CITY COUNCIL SUBCOMMITTEES AND APPOINTEES, LIAISONS, AND REPRESENTATIVES TO EXTERNAL ORGANIZATIONS MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to review and direct staff on changes to the roster of City Council subcommittees, and appointees, liaisons, and representatives to external organizations as needed. Staff will bring forward this item for discussion at the December 14, 2023, City Council meeting; and authorize the City Clerk to prepare and execute FPPC Form 806, Public Official Appointments. E. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to adopt a Resolution No. 25154, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 09-02-23 AND 09-16-23 TOTALING $4,828,478.55 AND ACCOUNTS PAYABLE WARRANTS DATED 08- 31-23 AND 09-14-23 TOTALING $7,769,390.50, IN THE AGGREGATE AMOUNT OF $12,597,869.05, DRAWN ON BANK OF AMERICA." F. APPROVE AMENDMENT NO. 3 TO AGREEMENT NO. A8374 WITH ALPHA PETROLEUM TRANSPORT, INC. II FOR COLLECTION, TRANSPORTATION, DISPOSAL, AND/OR DESTRUCTION OF WASTE MATERIALS MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to: 1. Approve Amendment No. 3 to Agreement No. A8374 with Alpha Petroleum Transport, Inc. II, for the collection, transportation, disposal, and/or destruction of waste materials in an additional amount of $1,028,383.07 for a total revised contract amount not to exceed $1,238,294.91; 2. Authorize the City Manager or designee to execute all necessary documents. 3. Appropriate $681,791.36 from Airport Operations and Maintenance Fund 415 fund balance. City Council Minutes November 9, 2023 City of Palm Springs Page 4 G. APPROVAL OF AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT NO. A9154 WITH AMADEUS AIRPORT IT AMERICAS, INC. TO PROVIDE A COMMON/SHARED USE PASSENGER PROCESSING SYSTEM FOR THE PALM SPRINGS INTERNATIONAL AIRPORT BOARDING GATES MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to: 1. Approve Amendment No. 1 to Contract Services Agreement No. A9154 with Amadeus Airport IT Americas, Inc. for the addition of eleven ticket counter common/shared use positions in the ticketing wing, eight customer service counter common/shared use positions in the Bono Concourse, and four spare common/shared use positions, in an amount not to exceed $225,859.51 and to extend the schedule for the common/shared use project to a completion date of March 29, 2024, and for the project to be fully operational by April 19, 2024. 2. Appropriate $225,859.51 from Airport Fund 416 to the account 4167065.80000 budget. 3. Allow the City Manager or designee to execute all necessary documents. H. APPROVE VARIOUS CITY DEPARTMENT BUILDOUT PROJECTS MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to: 1. Authorize the City Manager to approve City department buildout expansions for Fire Department Administration, Human Resources, Economic Development, Communications, Information Technology, and a kitchen/breakroom remodel in an amount not to exceed $915,011.33; 2. Approve Amendment No. 2 to Agreement No. A9136 with PUB Construction, Inc., to provide building repair and renovation services in an additional amount of $348,673.14 for an amount not to exceed $1,098,673.14 through June 19, 2025 for the buildout portion only. 3. Authorize the City Manager or designee to execute all necessary documents. I. APPROVE CONTRACT SERVICES AGREEMENT NO. 23B225 WITH GRANITE CONSTRUCTION COMPANY FOR ON-CALL PAVEMENT REPAIR SERVICES FOR PALM SPRINGS INTERNATIONAL AIRPORT MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve Contract Services Agreement 23B225 with Granite Construction Company to provide on-call pavement repair services for the Palm Springs International Airport in an amount not to exceed $3,000,000 for the initial three- year term beginning November 1, 2023, through October 31, 2026, with two one-year extension options at the City’s sole discretion; and authorize the City Manager or designee to execute all necessary documents. City Council Minutes November 9, 2023 City of Palm Springs Page 5 J. APPROVE TAHQUITZ CREEK GOLF COURSE PUMP STATIONS REPLACEMENT PROJECT MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to: 1. Approve the award of the Tahquitz Creek Golf Course Pump Stations Replacement Project to High Tech Irrigations, Inc., in the amount of $1,112,977.99; 2. Approve an appropriation of $1,112,977.99 from Golf Fund Reserves to the Golf Fund for Tahquitz Creek Golf Course Pump Stations replacement project; 3. Authorize the City Manager or designee to execute all necessary documents. K. SECOND READING AND ADOPTION OF ORDINANCE NO. 2088, APPROVAL OF THE ANNUAL UPDATE OF THE PALM SPRINGS ZONING AND MUNICIPAL CODES (CASE 5.1466 ZTA) MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2088, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING VARIOUS SECTIONS IN TITLES 2, 5, 8, 9 AND 11 OF THE PALM SPRINGS MUNICIPAL CODE AND VARIOUS SECTIONS OF THE PALM SPRINGS ZONING CODE (CHAPTERS 91-94), AS PART OF AN ANNUAL TECHNICAL UPDATE TO THE CITY’S LAND USE AND DEVELOPMENT REGULATIONS (CASE 5.1466 ZTA).” L. AUTHORIZE THE PURCHASE OF 48 NEW VEHICLES This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar. M. APPROVE BLANKET PURCHASE ORDER FOR SUPPLIES, SERVICE, REPAIR, AND EQUIPMENT FROM ZOLL MEDICAL CORPORATION FOR FISCAL YEAR(S) 2024 AND 2025 TO COINCIDE WITH THE COUNTY OF RIVERSIDE COOPERATIVE PURCHASE CONTRACT WITH ZOLL MEDICAL CORPORATION MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve a blanket purchase order for annual supplies, service, and equipment from ZOLL Medical Corporation utilizing pricing within the County of Riverside cooperative purchase contract with ZOLL Medical Corporation for Fiscal Year(s) 2024 and 2025, in an amount not to exceed $100,000 over the course of the (2) two fiscal years. City Council Minutes November 9, 2023 City of Palm Springs Page 6 N. APPROVE PURCHASE ORDER FOR ANNUAL WARRANTY SERVICE PLAN / ANNUAL MAINTENANCE ON ZOLL X SERIES AND ZOLL AUTOPULSE FOR FISCAL YEAR 2024 AND 2025 TO COINCIDE WITH THE COUNTY OF RIVERSIDE COOPERATIVE PURCHASE CONTRACT WITH ZOLL MEDICAL CORPORATION MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve a purchase order for annual warranty service plan / annual maintenance on ZOLL X Series Advanced Cardiac Life Support (ACLS) Monitor/Defibrillator(s) and AutoPulse System utilizing pricing within the County of Riverside cooperative purchase contract with ZOLL Medical Corporation for Fiscal Year(s) 2024 and 2025, in an amount not to exceed $60,000. O. APPROVE THE PURCHASE OF FIFTY (50) AUTOMATED EXTERNAL DEFIBRILLATOR UNITS FOR USE AT CITY FACILITIES MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve purchase of fifty (50) AED units from Zoll for an amount not to exceed $102,000; and authorize the City Manager or designee to execute all necessary documents. P. APPROVE CONTRACT SERVICES AGREEMENT NO. 23B338 WITH MANSFIELD POWER AND GAS, LLC FOR THE PURCHASE OF NATURAL GAS MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve Contract Services Agreement No. 23B338 with Mansfield Power and Gas, LLC, to provide natural gas for an amount not to exceed $597,872 for the period of January 1, 2024 through December 31, 2024; and authorize the City Manager or designee to execute all necessary documents. Q. PALM SPRINGS BOARD OF LIBRARY TRUSTEES ANNUAL REPORT FOR FISCAL YEAR 2022-23 MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to receive and file the Palm Springs Board of Library Trustees Annual Report for Fiscal Year 2022-23. R. ACCEPT THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES ACCOUNT (SLESA) GRANT FROM THE STATE OF CALIFORNIA AND APPROVE AN EXPENDITURE PLAN AND APPROPRIATION MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to accept the State of California Supplemental Law Enforcement Services Account Grant (SLESA) and Expenditure Plan; direct the Director of Finance/City Treasurer to fund the appropriation; and authorize the City Manager to execute all necessary documents. City Council Minutes November 9, 2023 City of Palm Springs Page 7 S. ACCEPTANCE OF $4,559,233 FROM THE STATE OF CALIFORNIA, BOARD OF STATE AND COMMUNITY CORRECTIONS, ORGANIZED RETAIL THEFT PREVENTION GRANT PROGRAM MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to: 1. Adopt Resolution No. 25155, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING A GRANT FROM THE STATE OF CALIFORNIA, BOARD OF STATE AND COMMUNITY CORRECTIONS, ORGANIZED RETAIL THEFT PREVENTION GRANT PROGRAM.” 2. Appropriate the grant funding into the FY 2023-24, FY 2024-25, FY 2025-26, and FY 2026–27 budgets. 3. Authorize the City Manager to execute all necessary documents. T. APPROVAL OF AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT NO. 6597 WITH DOKKEN ENGINEERING FOR THE EAST PALM CANYON DRIVE BRIDGE, CITY PROJECT NO. 12-04, FEDERAL AID PROJECT NO. BRLS 5282(041) MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to: 1. Approve Amendment No. 3 in the amount of $35,000 to Professional Services Agreement No. 6597, for a new not-to-exceed amount of $1,380,304.28 with Dokken Engineering for the East Palm Canyon Drive Bridge, City Project No. 12-04, Federal Aid Project No. BRLS 5282(041); and 2. Authorize the City Manager to execute all necessary documents. U. AWARD OF A CONSTRUCTION CONTRACT TO MAMCO, INC. DBA ALABBASI IN THE AMOUNT OF $11,555,555 AND APPROVAL OF A TASK ORDER UNDER ON-CALL AGREEMENT NO. A8567 WITH BERG AND ASSOCIATES IN AN AMOUNT NOT TO EXCEED $473,501.88 FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR STORM DRAIN LINE 20, STAGE 3, CITY PROJECT 19-15 MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to: 1. Award a construction contract to Mamco, Inc. in the amount of $11,555,555 for Storm Drain Line 20, Stage 3, City Project No. 19-15 (“the Project”). 2. Authorize the City Manager to approve a task order for project management and inspection services from an on-call engineering service firm, Berg and Associates, in an amount not to exceed $473,501.88. 3. Appropriate $1,047,236 from Capital Fund balance and delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $1,155,555 (10%) with all change orders reported to City Council at project completion. 4. Authorize the City Manager or his designee to execute all necessary documents. City Council Minutes November 9, 2023 City of Palm Springs Page 8 V. APPROVAL OF AN EASEMENT TO THE DESERT WATER AGENCY FOR INSTALLATION OF FIRE WATER SERVICES AT THE PROPOSED HOMELESS NAVIGATION CENTER PROPERTY AT 3589 MCCARTHY ROAD (CITY PROJECT NO. 22-05) MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to: 1. Approve a Grant of Easement to Desert Water Agency, a California Public Agency, for a five-foot wide easement for fire water meters within City property identified by APN 669-420-019; and 2. Authorize the City Manager to execute all necessary documents associated with the grant of easement. W. APPROVE A RESOLUTION OF THE CITY OF PALM SPRINGS ADOPTING AN INVENTORY REPORT OF EXCESS, EXEMPT, AND NON-EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTION 50569 MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 25156, to accept the Inventory Report of City of Palm Springs and Successor Agency to the Palm Springs Redevelopment Agency of exempt surplus lands, non-exempt surplus lands, and excess lands, pursuant to Government Code § 54221, and authorize staff to submit a report to the California State Department of Housing and Community Development pursuant to Government Code § 54230(a)(1). X. APPEAL OF BEATITUDE, LLC CONDITIONAL CANNABIS EXPIRATION CANNABIS PERMIT NO. C-2019-067 MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to grant the appeal for the extension of the Permit and adopt Resolution No. 25157, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF BEATITUDE, LLC FOR THE EXPIRATION OF CONDITIONAL CANNABIS PERMIT NO. C - 2019-067” reflecting the granting of the extension without the payment of any pena lty. If any City Council member is inclined to deny the appeal, then this item must be placed on the agenda as an action item and the City Council must hold a public hearing. Y. ACCEPT THE DONATION OF THE RED DRAGON ART PIECE IN THE OLD LAS PALMAS NEIGHBORHOOD MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to accept donation of the public art piece “Red Dragon” by Delos Van Earl on the West Chino Drive median, west of Belardo Road and east of North Cahuilla Road. City Council Minutes November 9, 2023 City of Palm Springs Page 9 Z. APPROVE PURCHASE OF WIRELESS EQUIPMENT WITH FIVE YEARS OF SUPPORT FROM AMS.NET MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to authorize a purchase of wireless equipment with five years of subscriptions and support from AMS.Net for $329,395 based on a cooperative contract. AA. APPROVE THE PURCHASE OF NETWORK EQUIPMENT WITH FIVE YEARS OF SUBSCRIPTIONS AND SUPPORT FOR NAVIGATION CENTER MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve the purchase of network equipment with five years of subscriptions and support for the Navigation Center from AMS.Net for $170,634 based on a cooperative contract. BB. APPROVE AGREEMENT WITH CHARTER COMMUNICATIONS, INC. FOR FIVE YEARS OF TELECOMMUNICATIONS SERVICES MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve an agreement with Charter Communications for five years of telecommunications services at a cost not to exceed $1,525,948; and ratify past purchases of telecommunications services from Charter Communications. CC. SECOND READING AND ADOPTION OF ORDINANCE NO. 2072 TO AMEND SECTION 16.36.020 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE CONDUCT AND APPEARANCE OF AIRPORT COMMERCIAL VEHICLE OPERATORS MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2072, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 16.36.020 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE CONDUCT AND APPEARANCE OF AIRPORT COMMERCIAL VEHICLE OPERATORS.” EXCLUDED CONSENT CALENDAR: C. RESOLUTION SETTING THE REGULAR CITY COUNCIL MEETING SCHEDULE FOR 2024 MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to adopt Resolution No. 25153, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE CITY COUNCIL REGULAR MEETING PLACE, DAYS, AND TIME AND RESCINDING RESOLUTION NO. 25075. City Council Minutes November 9, 2023 City of Palm Springs Page 10 L. AUTHORIZE THE PURCHASE OF 48 NEW VEHICLES MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY MAYOR GARNER, CARRIED 5-0, to: 1. Approve the issuance of a purchase order to Salinas Lincoln Mercury, Inc, dba My Jeep Chrysler Dodge Ram, for the purchase of 29 Dodge Durango Pursuit Vehicle AWD vehicles in an amount not to exceed $1,844,183.98; 2. Approve the issuance of a purchase order to Fiesta Ford, Inc., for the purchase of 1 Ford Expedition XLT MAX 4x4 vehicle; 14 Ford Expedition XLT 4x4 vehicles; and 4 Ford E-350 15-passenger vehicles in an amount not to exceed $1,423,707.00; 3. After delivery of the new vehicles, declare existing vehicles being replaced as surplus vehicles and authorize the City Manager or designee to sell them at public auction in accordance with Chapter 7.07 of the Palm Springs Municipal Code; and, 4. Authorize the City Manager or designee to execute all necessary documents. 2. PUBLIC HEARINGS: A. AN APPLICATION BY ERIC ELLENBOGEN, JOHN ENGELMAN AND THOMAS ENGELMAN REPRESENTED BY THE PALM SPRINGS PRESERVATION FOUNDATION FOR HISTORIC DESIGNATION OF “THE BLANKENHORN/GILMORE RESIDENCE” LOCATED AT 1850 SMOKE TREE LANE, CASE HSPB #148 (APN #510-104-002, 510-104-006) Tracy Conrad provided oral testimony. MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to open the Public Hearing and receive public testimony; and close the public hearing and adopt Resolution No. 25158, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING “THE BLANKENHORN/GILMORE RESIDENCE” LOCATED AT 1850 SMOKE TREE LANE, AS A CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB #148, SUBJECT TO CONDITIONS (APN #510-104- 002, 510-104-006).” B. AN APPLICATION BY DAVID AND KATHERINE WRIGHT REPRESENTED BY THE PALM SPRINGS PRESERVATION FOUNDATION FOR HISTORIC DESIGNATION OF “THE KOERNER RESIDENCE” LOCATED AT 1275 SOUTH CALLE DE MARIA, CASE HSPB #150. (APN #508-403-003) Steven Keylon provided oral testimony. MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to open the public hearing and receive public testimony; and close the public hearing and adopt Resolution No. 25159, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING “THE KOERNER RESIDENCE” LOCATED AT 1275 SOUTH CALLE DE MARIA, AS A CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB #150, SUBJECT TO CONDITIONS (APN #508-403-003).” City Council Minutes November 9, 2023 City of Palm Springs Page 11 C. AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO ADOPT AN EXTENSION OF A TEMPORARY MORATORIUM FOR AN ADDITIONAL TEN (10) MONTHS AND FIFTEEN (15) DAYS ON NEW APPLICATIONS AND TRANSFERS OF PERMITS TO ENGAGE IN CANNABIS RETAIL ACTIVITIES, FOR CONSIDERATION OF APPROPRIATE AMENDMENTS TO THE MUNICIPAL CODE, IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 65858 Steven Wijatyk provided oral testimony. MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 4-0-1 (RECUSAL FROM COUNCILMEMBER HOLSTEGE), to open the public hearing, take evidence and public testimony, and close the public hearing; and waive the reading of the text in its entirety, read by title only, and adopt Urgency Ordinance No. 2089, entitled, “AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO ADOPT AN EXTENSION OF A TEMPORARY MORATORIUM FOR AN ADDITIONAL TEN (10) MONTHS AND FIFTEEN (15) DAYS ON NEW APPLICATIONS AND TRANSFERS OF PERMITS TO ENGAGE IN CANNABIS RETAIL ACTIVITIES, FOR CONSIDERATION OF APPROPRIATE AMENDMENTS TO THE MUNICIPAL CODE, IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 65858.” 3. BUSINESS & LEGISLATIVE: A. INTRODUCTION OF ORDINANCE ENTITLED “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 11.102 TO TITLE 11 OF THE PALM SPRINGS MUNICIPAL CODE, ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY” MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to introduce an ordinance for first reading, Ordinance No. 2090, entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 11.102 TO TITLE 11 OF THE PALM SPRINGS MUNICIPAL CODE, ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY.” B. REQUEST TO ADD CHAPTER 2.65 TO THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE FORMATION AND ADMINISTRATION OF COMMERCIAL DISTRICTS MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0, to waive the reading of the ordinance text in its entirety and read by title only; and introduce on first reading Ordinance No. 2091, entitled, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.65 TO THE PALM SPRINGS MUNICIPAL CODE ESTABLISHING City Council Minutes November 9, 2023 City of Palm Springs Page 12 PROCESSES AND PROCEDURES FOR THE FORMATION OF COMMERCIAL DISTRICTS.” PUBLIC COMMENT: Michael John Horne, Brad Anderson and Zachary Daniel Stone 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. Councilmembers deHarte, Holstege, Middleton, and Mayor Pro Tem Bernstein, and Mayor Garner provided comments. ADJOURNMENT: The City Council adjourned the meeting of Thursday, November 9, 2023 , at 7:44 p.m. Respectfully submitted, _______________________________ Brenda Pree, MMC, CERA City Clerk APPROVED BY CITY COUNCIL: 12/14/2023