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HomeMy WebLinkAbout2024-07-09 CC Meeting Minutes (DRAFT)City of Palm Springs DRAFT Page 1 Tuesday, July 9, 2024 Minutes of the Regular Meeting of the City Council of the City of Palm Springs CALL TO ORDER: A Regular Meeting of the Palm Springs City Council was called to order by Mayor Bernstein on Tuesday, July 9 , 2024, at 5:33 p.m. PLEDGE OF ALLEGIANCE: Mia Aria Beltran, an elementary school student, led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Christy Holstege, Grace Elena Garner, and Lisa Middleton; Mayor Pro Tem Ron deHarte; and Mayor Jeffrey Bernstein. 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; Andrew Mills, Chief of Police; 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: A. UPDATE FROM RIVERSIDE UNIVERSITY HEALTH SYSTEM AND BLUE ZONES Riverside County Health Officer Geoffrey Leung and Deputy Public Health Officer Shunling Tsang provided a presentation. ACCEPTANCE OF THE AGENDA: MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to accept the agenda with removal of Consent Calendar Item Nos. 1B, 1I, 1N for separate discussion; and continuing Consent Calendar Item No. 1E. REPORT OF CLOSED SESSION: The Closed Session of the City Council of July 9, 2024, was called to order by Mayor Bernstein at 4:00 p.m. City Council Minutes July 9, 2024 City of Palm Springs DRAFT Page 2 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): City of Palm Springs v. Desert Community College Dist., Riv. Sup. Ct., No. CVPS2203916. Committee to Relocate Marilyn v. City of Palm Springs; Real Parties in Interest – PS Resorts and Does 1-10, Riv. Sup. Ct., No. CVRI2101435. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(4): 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 NEGOTIATOR, Pursuant to Government Code Section 54956.8: Property: City Negotiator: Negotiating parties: Under negotiation: 119.4 acres of real property, located on the Northwest Corner of Indian Canyon Dr. and Tramview Road Scott Stiles, City Manager, Flinn Fagg, Dep. City Manager, Jeffrey Ballinger, City Attorney Desert Community College District Price and Terms City Negotiator: Negotiating parties: Under negotiation: Property: Scott Stiles, City Manager, City of Palm Springs Frank J. Luckino, City Manager, City of Desert Hot Springs Price and Terms Two Parcels of Real Property, located at the Southwest Corner of Dillon Rd. and N. Indian Canyon Dr., and located at the Northwest Corner of Dillon Rd. and Karen Dr. APNS: 666-140-002; 666-140-003; 666-140-006; 666-140-007; 666-140-017; 666- 140-019; 666-140-020; 666-140-022; 666-140-024; 666-150-001; 666-150- 002; 666-150-003; 666-150-004; 666-150-006; 666-150-007; 666-150-008; 666-150-009; 666-150-010; 666-150-012; 666-150-013; 666-150-014; 668- 270-012 PUBLIC TESTIMONY: Terry Applegate, John Choi, Bianca Simonian, Moises Chaidez, Reginaldo Lopez, Tommy Clarke, Greg Rodriguez, David Murphy, Michael Taylor, Michael Joseph Pitkin, Patrick Weiss, Lauren Wolfer, Byron Hancock, Noah Kirschbaum, Kenny Munic, and Brad Anderson provided oral testimony. City Council Minutes July 9, 2024 City of Palm Springs DRAFT Page 3 1. CONSENT CALENDAR: MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to approve the Consent Calendar with removal of Item Nos. 1B, 1I, 1N for separate discussion; Item No. 1E was continued . A. APPROVAL OF MINUTES MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to approve the City Council Meeting minutes of May 23, June 6, and June 17, 2024. B. RESIGNATION ACCEPTANCE AND APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar. C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to adopt Resolution No, 25229, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 06 -08-24 TOTALING $2,350,523.30 AND ACCOUNTS PAYABLE WARRANTS DATED 06-06-24 TOTALING $4,429,202.69, IN THE AGGREGATE AMOUNT OF $6,779,725.99, DRAWN ON BANK OF AMERICA." D. AWARD OF A CONSTRUCTION CONTRACT TO MATICH CORPORATION, A CALIFORNIA CORPORATION, IN THE AMOUNT OF $7,281,225, AND APPROVE THE ACCEPTANCE OF THE FEDERAL AVIATION ADMINISTRATION GRANT AWARD FOR THE FUNDING OF THE PROJECT FOR THE AIRPORT TAXIWAY REHABILITATION, CITY PROJECT 21-27 MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to: 1. Award a construction contract to Matich Corporation in the amount of $7,281,225 for the Airport Taxiway Rehabilitation, City Project 21-27; 2. Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $728,122 with all change orders reported to the City Council; 3. Authorize the City Manager to approve acceptance of a Federal Aviation Administration grant in an amount not-to-exceed $8,650,000 for the Palm Springs International Airport; 4. Appropriate $8,300,000 in the Airport Capital Project Federal Grants 416.38015 ($2,719,800) and in the Grants Expense 4167070-50126 and in the Capital Improvement Project 4167065.80000 ($280,200); and 5. Authorize the City Manager to execute all necessary documents. City Council Minutes July 9, 2024 City of Palm Springs DRAFT Page 4 E. ADOPT A RESOLUTION APPROVING PALM TREE TRIMMING POLICY, AND SUPERSEDING ALL PREVIOUS PALM TREE TRIMMING PROCEDURES AND POLICIES The item was continued. F. APPROVAL OF A GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON ACROSS CITY-OWNED REAL PROPERTY LOCATED AT 2992 NORTH CIVIC DRIVE (APN: 502-100-013 & 034, AIRPORT PROPERTY) MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to authorize the City Manager to execute a Grant of Easement to Southern California Edison to underground electrical supply systems across a portion of the property identified by Assessor’s Parcel Number 502-100-013 & 034 to a leased Hertz Corporation lot located within the Palm Springs International Airport. G. SECOND READING AND ADOPTION OF ORDINANCE NO. 2097 OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 94.08.09 OF THE PALM SPRINGS ZONING CODE AND APPROVING A DEVELOPMENT AGREEMENT AMENDMENT WITH PS COUNTRY CLUB, LLC, RELATED TO THE SERENA PARK PROJECT PERFORMANCE SCHEDULE FOR CONSTRUCTION, THE DEVELOPMENT AGREEMENT FEE PAYMENT DATE, AND OTHER MINOR REVISIONS RELATED TO THE CONVERSION OF THE PALM SPRINGS COUNTRY CLUB GOLF COURSE INTO 386 RESIDENTIAL UNITS LOCATED NORTH OF VERONA ROAD, EAST OF SUNRISE WAY AND SOUTHWEST OF THE WHITEWATER RIVER WASH (CASE DA-2024-0002) MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to: 1. Waive the second reading of the ordinance text in its entirety, ready by title only, and adopt Ordinance No. 2097, entitled “AN ORDINANCE OF THE CITY COUNCIL OF CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 94.08.09 OF THE PALM SPRINGS ZONING CODE AND APPROVING A DEVELOPMENT AGREEMENT AMENDMENT WITH PS COUNTRY CLUB, LLC, RELATED TO THE SERENA PARK PROJECT PERFORMANCE SCHEDULE FOR CONSTRUCTION, THE DEVELOPMENT AGREEMENT FEE PAYMENT DATE, AND OTHER MINOR REVISIONS RELATED TO THE CONVERSION OF THE PALM SPRINGS COUNTRY CLUB GOLF COURSE INTO 386 RESIDENTIAL UNITS LOCATED NORTH OF VERONA ROAD, EAST OF SUNRISE WAY AND SOUTHWEST OF THE WHITEWATER RIVER WASH (CASE DA-2024-0002)." 2. Authorize the City Manager to execute the First Amendment to the First Amended and Restated Development Agreement. H. SECOND READING AND ADOPTION OF ORDINANCE NO. 2098, ENTITLED “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 2.24.010 AND 2.24.020 OF THE PALM SPRINGS MUNICIPAL CODE TO EXPAND THE PUBLIC ARTS COMMISSION FROM SEVEN TO NINE MEMBERS.” City Council Minutes July 9, 2024 City of Palm Springs DRAFT Page 5 MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to waive the second reading of the ordinance text in its entirety, ready by title only, and adopt Ordinance No. 2098, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 2.24.010 AND 2.24.020 OF THE PALM SPRINGS MUNICIPAL CODE TO EXPAND THE PUBLIC ARTS COMMISSION FROM SEVEN TO NINE MEMBERS.” I. AN APPLICATION BY JANE LUNDIN REPRESENTED BY THE PALM SPRINGS PRESERVATION FOUNDATION FOR HISTORIC DESIGNATION OF “THE M.H. ATIKIAN BUILDING” LOCATED AT 120 WEST ARENAS ROAD, CASE HSPB #147 (APN #513-143-006) This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar. J. APPROVE CONTRACT SERVICE AGREEMENTS NO. 24B143 WITH SAM’S CONSTRUCTION AND 24B144 WITH TED CONSTRUCTION LLC FOR ON-CALL BUILDING REPAIR AND RENOVATION SERVICES MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to: 1. Approve primary Contract Services Agreement 24B143 with Sam’s Construction to provide on-call building repair and renovation services in an amount not to exceed $950,000 for the initial three-year term beginning July 15, 2024, through July 14, 2027, with two one-year extension options at the City’s sole discretion; 2. Approve secondary Contract Services Agreement 24B144 with Ted Construction LLC to provide on-call building repair and renovation services in an amount not to exceed $750,000 for the initial three-year term beginning July 15, 2024, through July 14, 2027, with two one- year extension options at the City’s sole discretion; K. EARLY LUMP SUM ANNUAL PAYMENT TO CALPERS TOWARDS RETIREE UNFUNDED ACCRUED LIABILITY (UAL) MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to receive and file. L. APPROVAL OF AMENDMENT NO. 7 TO THE AIRPORT CAR RENTAL CONCESSIONAIRE AGREEMENTS AND APPROVAL OF AMENDMENT NO. 8 FOR AVIS-BUDGET AT PALM SPRINGS INTERNATIONAL AIRPORT MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to: 1. Approve Amendment No. 7 and Avis-Budget Amendment No. 8 to all Airport rental car concession agreements doing business as either car rental agencies at the Airport which includes: o Avis/Budget Car Rental, LLC (Amendment No. 8) o The Hertz Corporation (Amendment No.7) o Enterprise Rent-A-Car, LLC dba Alamo Rent a Car / National Car Rental (Amendment No. 7) City Council Minutes July 9, 2024 City of Palm Springs DRAFT Page 6 o Enterprise Rent-A-Car Company of Los Angeles (Amendment No. 7) o DTG Operations, Inc. dba Dollar Rent a Car /Thrifty Car Rental (Amendment No. 7) 2. Authorize the City Manager or designee to execute all necessary documents. M. APPROVE CONTRACT SERVICES AGREEMENT NO. 24B129 WITH KINCAID INDUSTRIES, INC. FOR ON-CALL PLUMBING MAINTENANCE AND INSTALLATION SERVICES MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to approve Contract Services Agreement 24B129 with Kincaid Industries, Inc. to provide on-call plumbing maintenance and installation services in an amount not to exceed $900,000 for the initial three-year term beginning July 15, 2024, through July 14, 2027, with two one-year extension options at the City’s sole discretion; and authorize the City Manager or designee to execute all necessary documents. N. APPROVE FUNDING IN THE AMOUNT OF $50,000 OF PUBLIC ART FUNDS TO THE OLD LAS PALMAS NEIGHBORHOOD ORGANIZATION FOR COMMISSION OF THE “PRINCE” SCULPTURE AND “BLUE BELLY CRAB” SCULPTURE BY ARTIST DELOS VAN EARL, BOTH TO BE LOCATED IN THE WEST CHINO DRIVE MEDIAN IN THE OLD LAS PALMAS NEIGHBORHOOD, AND APPROVE THE DONATION OF THE SCULPTURES TO THE CITY This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar. O. APPROVE CONTRACT CHANGE ORDER NO. 1 WITH MATICH CORPORATION, A CALIFORNIA CORPORATION, IN THE AMOUNT OF $347,380 FOR THE 2024 PAVEMENT REHABILITATION, CITY PROJECT NO. 24-01 MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to: 1. Approve Contract Change Order No. 1 in the amount of $347,380 to Agreement 24B050 with Matich Corporation for the 2024 Pavement Rehabilitation, City Project 24-01; 2. Appropriate $347,380 from the Wastewater Fund balance; and 3. Authorize the City Manager or designee to execute all necessary documents. P. ESTABLISH A CITY OF PALM SPRINGS RENTAL REGISTRY AND APPROVE SOFTWARE AS A SERVICE (SaaS) INITIAL AGREEMENT WITH 3Di, INC. MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to approve the Software as a Service (SaaS) Subscription Agreement 24S140 with 3Di, Inc. for the City of Palm Springs Rental Registry as mandated in the HCD approved Housing Element in an amount not to exceed $338,376 over a five-year period; and authorize the City Manager or designee to execute all necessary documents. Q. ACCEPT THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES ACCOUNT (SLESA) GRANT FROM THE STATE OF CALIFORNIA AND APPROVE AN EXPENDITURE PLAN AND APPROPRIATION City Council Minutes July 9, 2024 City of Palm Springs DRAFT Page 7 MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to: 1. Accept the State of California Supplemental Enforcement Services Account Grant (SLESA) and Expenditure Plan. 2. Direct the Director of Finance/City Treasurer to fund the appropriation. 3. Authorize the City Manager to execute all necessary documents. R. APPROVAL OF A COST-SHARE AGREEMENT AUTHORIZING FUNDS TRANSFER TO THE DESERT WATER AGENCY (DWA) FOR THE COOPERATIVE TURF CONVERSION REBATE PROGRAM MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to approve Cost-Share Agreement for a Cooperative Turf Conversion Matching Rebate Program between the City of Palm Springs and the Desert Water Agency (DWA); and authorize the City Manager to execute all necessary documents. S. APPROVE CONTRACT CHANGE ORDER NO. 6 WITH STEVE P. RADOS, INC. IN THE AMOUNT OF $1,071,999.85 AND APPROVE AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH MWH CONSTRUCTORS, INC. (A9141), A DELAWARE CORPORATION, IN THE AMOUNT OF $323,100 FOR THE WASTEWATER TREATMENT PLANT (WWTP) DIGESTER NO. 2 GAS FLARE AND FILTRATE PUMP STATION, CITY PROJECTS 20-25 AND 21-07 MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to: 1. Approve Contract Change Order No. 6 in the amount of $1,071,999.85 to Agreement A9137 with Steve P. Rados, Inc. for the WWTP Digester No. 2 Waste Gas Flare and Filtrate Pump Station, City Projects No. 20-25 and 21-07; 2. Approve Amendment No. 3 in the amount of $323,100 to PSA No. A9141, for a new not-to- exceed amount of $1,861,027.14 with MWH Constructors, Inc. for the WWTP Digester No. 2 and Filtrate Pump Station, City Projects No. 20-25 and 21-07; 3. Appropriate $1,395,099.85 from the Wastewater Fund balance; and 4. Authorize the City Manager or designee to execute all necessary documents. T. RESOLUTION OF INTENTION FOR VACATION OF PUBLIC VEHICULAR ACCESS OVER A PORTION OF MUSEUM WAY BETWEEN BELARDO ROAD AND MUSEUM DRIVE IN ORDER TO FACILITATE THE PERMANENT INSTALLATION OF THE “FOREVER MARILYN” STATUE AT THAT LOCATION, SHOWN AS LOT ‘A’ OF PARCEL MAP NO. 36446, SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST (ENG. FILE R 23-15-0250) MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to adopt Resolution No. 25230, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO VACATE A PORTION OF MUSEUM WAY WEST OF BELARDO ROAD TO MUSEUM DRIVE, SETTING A PUBLIC HEARING, AND DIRECTING NOTICE TO BE POSTED AND PUBLISHED.” City Council Minutes July 9, 2024 City of Palm Springs DRAFT Page 8 EXCLUDED CONSENT CALENDAR: B. RESIGNATION ACCEPTANCE AND APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to: 1. Accept the resignation of Charles F. Mara from the Administrative Appeals Board effective immediately. 2. Appoint Christian Samlaska to the Airport Commission effective immediately for a term ending June 30, 2027, from the City of Cathedral City. 3. Appoint Geoffrey Kiehl to the Airport Commission effective immediately for a term ending June 30, 2027, from the City of La Quinta. 4. Appoint Jim A. Lande and Tina Gonsalves to the Public Arts Commission for a term ending June 30, 2027; members’ terms shall take effect 30 days after the final adoption of Ordinance No. 2098. I. AN APPLICATION BY JANE LUNDIN REPRESENTED BY THE PALM SPRINGS PRESERVATION FOUNDATION FOR HISTORIC DESIGNATION OF “THE M.H. ATIKIAN BUILDING” LOCATED AT 120 WEST ARENAS ROAD, CASE HSPB #147 (APN #513-143-006)\ MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 3-2 (COUNCILMEMBER MIDDLETON AND MAYOR BERNSTEIN VOTING NO), to deny the Historic Designation of the “M.H. Atikian Building”. N. APPROVE FUNDING IN THE AMOUNT OF $50,000 OF PUBLIC ART FUNDS TO THE OLD LAS PALMAS NEIGHBORHOOD ORGANIZATION FOR COMMISSION OF THE “PRINCE” SCULPTURE AND “BLUE BELLY CRAB” SCULPTURE BY ARTIST DELOS VAN EARL, BOTH TO BE LOCATED IN THE WEST CHINO DRIVE MEDIAN IN THE OLD LAS PALMAS NEIGHBORHOOD, AND APPROVE THE DONATION OF THE SCULPTURES TO THE CITY MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to: 1. Approve expenditure of Public Art Funds in the amount of $50,000 for commission and installation of Prince and Blue Belly Crab by Delos Van Earl. 2. Accept donation of the public art pieces “Prince” and “Crab” from the Old Las Palmas Neighborhood Organization by Artist Delos Van Earl on the West Chino Drive median, west of North Palm Canyon Drive and east of Belardo Road. 2. PUBLIC HEARINGS: None. 3. BUSINESS & LEGISLATIVE: A. RESOLUTIONS TO PLACE A MEASURE ON THE NOVEMBER 5, 2024, GENERAL MUNICIPAL ELECTION BALLOT TO EXTEND THE TERM OF MEASURE “J”, ADOPTING RESOLUTIONS REGARDING UPDATES TO THE SALES TAX ORDINANCE; TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH City Council Minutes July 9, 2024 City of Palm Springs DRAFT Page 9 THE STATEWIDE GENERAL ELECTION, AND TO SET THE DEADLINE AND RULES FOR PRIMARY ARGUMENTS AND REBUTTAL ARGUMENTS REGARDING THE MEASURE MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to: 1. Adopt Resolution No. 25231, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING FOR THE PLACEMENT OF A GENERAL TAX MEASURE ON THE BALLOT FOR THE NOVEMBER 5, 2024, GENERAL MUNICIPAL ELECTION FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF AN ORDINANCE TO EXTEND THE TERM OF MEASURE “J”, A ONE PERCENT (1%) GENERAL TRANSACTIONS AND USE TAX (SALES TAX), BY REMOVING ITS SUNSET; AND MAKING VARIOUS TECHNICAL UPDATES TO THE TRANSACTIONS AND USE TAX ORDINANCE; AND 2. Adopt Resolution No. 25232, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO §10403 OF THE ELECTIONS CODE; AND 3. Adopt Resolution No. 25233, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PROVIDING FOR THE FILING OF PRIMARY AND REBUTTAL ARGUMENTS AND SETTING RULES FOR THE FILING OF WRITTEN ARGUMENTS REGARDING A CITY MEASURE TO BE SUBMITTED AT THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION.” B. NEW PALM SPRINGS SHOP LOCAL PROGRAM – BOGO GIFT CARDS MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 4-0 (WITH MAYOR BERNSTEIN RECUSING), to receive and file. C. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS MUNICIPAL CODE, RELATING TO REGULATING ENCAMPMENTS AND SLEEPING ON PUBLIC PROPERTY, AND DETERMINING SUCH ORDINANCE TO BE EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, MOTION CARRIED 3/1 (WITH COUNCILMEMBER GARNER VOTING NO, AND COUNCILMEMBER HOLSTEGE ABSTAINING), to waive the reading of the ordinance text in its entirety, read by title only, and introduce Ordinance No. 2099, entitled “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS MUNICIPAL CODE, RELATING TO REGULATING ENCAMPMENTS AND SLEEPING ON PUBLIC PROPERTY, AND DETERMINING SUCH ORDINANCE TO BE EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.” City Council Minutes July 9, 2024 City of Palm Springs DRAFT Page 10 D. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING A NEW CHAPTER 5.92 TO THE PALM SPRINGS MUNICIPAL CODE STRICTLY REGULATING CO-OWNED HOUSING UNITS, DIRECTING THE PLANNING AGENCY TO STUDY PROPOSED UPDATES TO THE CITY’S TIMESHARE DEFINITIONS, AND DETERMINING SUCH ACTION TO EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 3/2 (WITH COUNCILMEMBER GARNER AND MAYOR BERNSTEIN VOTING NO), to waive the reading of the ordinance text in its entirety, read by title only, and introduce Ordinance No 2100, entitled “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING A NEW CHAPTER 5.92 TO THE PALM SPRINGS MUNICIPAL CODE STRICTLY REGULATING CO-OWNED HOUSING UNITS, DIRECTING THE PLANNING AGENCY TO STUDY PROPOSED UPDATES TO THE CITY’S TIMESHARE DEFINITIONS, AND DETERMINING SUCH ACTION TO EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT,” as amended. E. DIRECTION REGARDING FEASIBILITY OF POTENTIAL ARENAS BUSINESS DISTRICT IMPROVEMENTS, INCLUDING POSSIBLE FLAG POLE, BISTRO LIGHTING, AND/OR ENTRY SIGNAGE MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to authorize staff to conduct additional due diligence for installation of a flag pole at the Arenas Business district; identify the processes and funding sources required; and, draft the appropriate legal instruments that conform with other City agreements for review and approval by Council at a future meeting. F. CONSIDER PROPOSAL FROM RIVERSIDE UNIVERSITY HEALTH SYSTEM AND BLUE ZONES, LLC TO PARTICIPATE IN TRANSFORMATION PHASE MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to allocate $180,000 for the Riverside University Health System Health and Blue Zones project. PUBLIC COMMENT: Michael Joseph Pitkin, Dr. Jesse Neimeyer-Romero, and Abraham Ishaq provided non-agenda 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. At the request of Councilmember Garner, a consensus was reached to include on an upcoming agenda the animal shelter ordinance update. City Council Minutes July 9, 2024 City of Palm Springs DRAFT Page 11 ADJOURNMENT: The City Council adjourned the meeting of Tuesday, July 9, 2024, at 11:48 p.m. Respectfully submitted, ________________________ Brenda Pree, MMC, CERA City Clerk APPROVED BY CITY COUNCIL: