HomeMy WebLinkAbout1A OCRThursday, September 10, 2020
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
Pursuant to Executive Order N-29-20, by Governor Newsom, this meeting was conducted by
teleconference and there was no in-person public access to the meeting location.
CALL TO ORDER:
A Regular Meeting of the Palm Springs City Council was called to order by Mayor Kors on
Thursday, September 10, 2020, at 5:55 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Kors led the Pledge of Allegiance.
ROLL CALL:
Present:
Absent:
City Staff
Present:
Councilmembers Grace Elena Garner, Lisa Middleton, Dennis Woods; Mayor Pro
Tern Christy Holstege; and Mayor Geoff Kors
None.
David H. Ready, City Manager; Jeffrey Ballinger, City Attorney; Marcus Fuller,
Assistant City Manager; and Anthony J. Mejia, City Clerk, were present at Roll
Call. Other staff members presented reports or responded to questions as indicated
in the minutes.
PRESENTATIONS:
A. COVID-19 UPDATE
Emergency Management Coordinator DeSelms provided an update on the status of COVID-
19 in the City, Coachella Valley, and Riverside County. Planning Services Director Fagg
provided an update on the Palm Canyon Drive street closure to accommodate outdoor dining.
Discussion followed regarding working with staff to make the street closure look less of a
construction zone, minimizing traffic impacts, and putting together a group of volunteers to
work on branding.
B. NATIONAL EMERGENCY PREPAREDNESS MONTH
Emergency Management Coordinator DeSelms announced that September is National
Emergency Preparedness Month and reviewed steps that individuals can take to prepare for an
emergency.
ITEM No._i _A __
City Council Minutes September 10, 2020
C. MAJOR PROJECTS UPDATE
Assistant City Manager Fuller provided an update on major residential and commercial
development projects in the City. City Attorney Ballinger provided an update on code
compliance efforts related to the Tova Hotel.
D. U.S. CENSUS RESPONSE UPDATE
Neighborhoods Manager Goolsby provided an update on U.S. Census response rates and
addressed the City's self-response rate.
E. BUDGET UPDATE
City Manager Ready provided an update on the City budget; discussed final balances in the
fiscal year 2019-20 budget after reconciliation; noted that staff will return to the City Council
at an upcoming meeting for further direction. In response to City Council inquiry, Finance
Director Pauley summarized the various fund transfers used to balance the 2019-20 budget.
ACCEPTANCE OF THE AGENDA:
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to: 1) remove Consent Calendar Item Nos. lR, lT, lX, lY, and lZ
for separate discussion and delete Item Nos. lN, 10, lP, and lQ from the agenda; and 2) add to the
agenda consideration of joining an amicus brief in the case Project Citizenship v Department of
Homeland Security (see Consent Calendar Item No. lAA) based on the finding that the matter came
to the attention of the City after the posting of the agenda and there is a need for immediate action.
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of September 10, 2020 was called to order by
Mayor Kors at 3 :00 p.m., with all members present.
The meeting convened into Closed Session to discuss the following items as listed on the Regular
Closed Session Meeting Agenda:
CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION, Pursuant to
Government Code Section 54956.9( d)(l ):
Jonathan Kallis v. City of Palm Springs, et al.,
Case No. 5:20-cv-01744, United States District Court
City of Palm Springs v. 0 & M HR LLC, et al (Prairie Schooner),
Case No PSC 1701804, Superior Court of the State of California, County of Riverside
City of Palm Springs Page2
City Council Minutes September 10, 2020
CONFERENCE WITH LEGAL COUNSEL -MATTERS CREATING SIGNIFICANT
EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2):
Nine (9) matters that, under the existing circumstances, the City Attorney believes creates
significant exposure to litigation.
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 are five (5) matters 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:
Agency:
City Negotiator:
Negotiating Parties:
Under Negotiation:
Property Description:
Agency:
City Negotiator:
Negotiating Parties:
Under Negotiation:
Property Description:
Agency:
City Negotiator:
Negotiating Parties:
Under Negotiation:
Property Description:
Agency:
City Negotiator:
Negotiating Parties:
Under Negotiation:
City of Palm Springs
APNs 677-444-010; 677-444-013; and 67470 Sarah
Street, Cathedral City, CA 92234
City of Palm Springs
Marcus Fuller, City Engineer/ Assistant City Manager
or Designee
Luis A. Avila Paz, Rosario Avila and Maria Avila
Price and Terms of Payment
APN s 680-170-051 and 680-170-014
City of Palm Springs
Marcus Fuller, City Engineer/ Assistant City Manager
or Designee
Bureau of Indian Affairs
Price and Terms of Payment
Rimrock Property (APN 681-480-011)
City of Palm Springs
David H. Ready, City Manager or Designee
Price and Terms of Payment
Palm Canyon Theater, 538 North Palm Canyon Drive,
Palm Springs, CA 92262
City of Palm Springs
David H. Ready, City Manager or Designee
The Palm Canyon Theatre
Price and Terms of Payment
Page 3
City Council Minutes
Property Description:
Agency:
City Negotiator:
Negotiating Parties:
Under Negotiation:
Property Description:
Agency
City Negotiator:
Negotiating Parties:
Under Negotiation:
Property Description:
Agency
City Negotiator:
Negotiating Parties:
Under Negotiation:
Property Description:
Agency:
City Negotiator:
Negotiating Parties:
Under Negotiation:
Property Description:
Agency:
City Negotiator:
Negotiating Parties:
Under Negotiation:
City of Palm Springs
September 10, 2020
2901 E. Alejo Road, Palm Springs, CA 92262
City of Palm Springs
David H. Ready, City Manager or Designee
Coachella Valley Economic Partnership
Price and Terms of Payment
3400 Tahquitz Canyon Way, Palm Springs
(portions of airport)
City of Palm Springs
David Ready, City Manager or Designee
Paradies Shops, LLC
Price and Terms of Payment (Lease)
Tahquitz Creek Golf Resort & Legends Golf Course
City of Palm Springs
David Ready, City Manager or Designee
Trust for Public Lands
Price and Terms of Payment (Lease)
505-182-010 and 505-182-004 (Adjacent parcels
located at the southwest comer of North Palm
Canyon Drive and Stevens Road)
City of Palm Springs and Successor Agency of the
Former Redevelopment Agency of the City of Palm
Springs
David Ready, City Manager or Designee
Price and Terms of Payment (Sale)
3.6 Acres at SE comer of Indian Canyon Drive and
San Rafael Road APN 501-031-028
City of Palm Springs
David H. Ready, City Manager or Designee
Community Housing Opportunities Corporation
(CHOC)
Price and Terms of Payment (Sale)
Page4
City Council Minutes September 10, 2020
CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957 .6:
Agency Designated Representatives: City Manager David Ready
Perry Madison, Director of Human Resources
Bryan Reyes, Chief of Police
Peter Brown, Attorney
Employee Organizations: Management Association of Palm Springs
Palm Springs Firefighters Association
Palm Springs Fire Management
Palm Springs Police Management Association
Palm Springs Police Officers Association
Public Employees Association of Palm Springs
All Unrepresented Employees
City Attorney Ballinger reported that the City Council received briefings and provided direction
to staff regarding the agendized Closed Session Items but did not take any reportable action.
PUBLIC TESTIMONY:
The following individuals spoke on Item 1 T, urging the City Council to install a speed feedback
sign on East Seven Lakes Drive, citing concerns about speeding vehicles and resident safety:
Gina Sinner
Rick Miller
Malia Daley
Deanna Burpee
Lisa Lenes, speaking on Item 1 X, voiced concern that persons with disabilities may experience
challenges due to the Palm Canyon Drive street closure; requested that the City Council ban short
term vacation rentals due to the COVID-19 pandemic.
John Goins, speaking on SC, spoke on an article entitled "The Characteristics of White Supremacy
Culture," and urged the City Council to direct the Equity & Social Justice Committee to discuss
the issues addressed in the "showing up for racial justice" website.
Michael Braun, speaking on Item 4A, urged the City Council to allow the eviction moratorium for
commercial properties to expire; asserted that some commercial tenants are abusing the moratorium.
Ronson Souza, speaking on Item SC, recommended that the City Council seek out candidates with
social science backgrounds, experience running homeless shelters, representatives of the Police
Department, and people experienced in working with communities of color for the Equity & Social
Justice Committee.
City of Palm Springs Page 5
City Council Minutes September 10, 2020
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS:
Councilmember Gamer provided an update on the review of the Police Department's policies and
practices; spoke on benefits of the "Building Resilience in African American Families" program
offered by the County of Riverside.
Councilmember Middleton spoke on the financial impacts to hair and nail salons employees; noted
the passing of longtime resident Joseph Beavers and requested that the City Council adjourn
tonight's meeting in his memory.
Mayor Pro Tern Holstege reported on stakeholder meetings regarding disposable food ware and
polystyrene products; requested that staff agendize consideration of capping fees charged by their
party food delivery services; requested that the City Council issue a Proclamation recognizing
September as Deaf Awareness Month.
Councilmember Woods discussed the outreach plan for the conversion of the Ivy Palms Inn into
permanent supportive housing, noting that notices will be mailed to nearby residents about an
upcoming informational meeting; commended Councilmember Gamer and staff for hosting a
neighborhood discussion about increased crime.
Mayor Kors announced new airlines and flights coming to the Palm Springs International Airport;
noted that staff is seeking a firm or individual to provide anti-racism and implicit bias training for
City employees; announced that the County of Riverside is accepting applications for its small
business assistance program; invited residents to participate in a virtual meeting regarding a
proposed affordable housing project near Palm Canyon Drive and Stephens Road.
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to approve the Consent Calendar, with the removal of Item
Nos. IR, IT, IX, 1 Y, and lZ for separate discussion and the deletion ofltem Nos. IN, 10, IP,
and 1 Q from the agenda.
A. APPROVAL OF MINUTES
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to approve the City Council Meeting Minutes of June 25,
June 30, July 9, July 18, and August 5, 2020.
B. CONFLICT OF INTEREST CODE 2020 BIENNIAL NOTICE PURSUANT TO
THE POLITICAL REFORM ACT
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. Receive and file the 2020 Local Agency Biennial Notice.
2. Direct staff to promulgate the necessary amendments and return to the City Council in
December for adoption pursuant to the Political Reform Act.
City of Palm Springs Page 6
City Council Minutes September 10, 2020
C. PROVIDE DIRECTION ON THE RESOLUTION BEING CONSIDERED AT THE
LEAGUE OF CALIFORNIA CITIES' ANNUAL VIRTUAL BUSINESS MEETING
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to support the resolution proposed for the upcoming League
of California Cities' Annual Virtual Business Meeting at the League's Annual Conference.
D. APPROVAL OF PAYROLL, WARRANTS, CLAIMS, AND DEMANDS
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 24793 entitled, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE
PERIOD ENDING 07-25-2020 TOTALING $1,657,905.60 AND ACCOUNTS
PAYABLE WARRANTS DATED 07-23-2020 TOTALING $5,270,219.20, IN THE
AGGREGATE AMOUNT OF $6,928,124.80, DRAWN ON BANK OF AMERICA."
E. TREASURER'S INVESTMENT REPORT AS OF JUNE 30, 2020
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to receive and file Treasurer's Investment Report as of
June 30, 2020.
F. ACCEPTANCE OF $24,800 IN GRANT FUNDING FROM THE CALIFORNIA
OFFICE OF TRAFFIC SAFETY FOR A TRAFFIC RECORDS IMPROVEMENT
PROJECT TO IMPLEMENT A NEW TRAFFIC COLLISION REPORTING SYSTEM
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. Accept $24,800 in grant funding from the California Office of Traffic Safety for a
Traffic Records Improvement Program for 2020/2021.
2. Authorize the City Manager to execute all necessary documents.
G. ACCEPTANCE OF $100,000 IN GRANT FUNDING FROM THE CALIFORNIA
OFFICE OF TRAFFIC SAFETY FOR A SELECTIVE TRAFFIC ENFORCEMENT
PROGRAM TO BE USED TO ENFORCE, EDUCATE, AND BRING AWARENESS
TO THE PUBLIC
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. Accept $100,000 in grant funding from the California Office of Traffic Safety for a
Selective Traffic Enforcement Program for 2020/2021.
2. Authorize the City Manager to execute all necessary documents.
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City Council Minutes September 10, 2020
H. ACCEPT THE SUPPLEMENT AL LAW ENFORCEMENT SERVICES ACCOUNT
(SLESA) GRANT FROM THE STATE OF CALIFORNIA AND APPROVE AN
EXPENDITURE PLAN AND APPROPRIATION
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
HOLSTEGE, 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.
I. ACCEPT AN AWARD FROM THE U.S. DEPARTMENT OF JUSTICE IN THE
AMOUNT OF $18,006 AND APPROVE AN INTERLOCAL AGREEMENT WITH
THE RIVERSIDE COUNTY SHERIFF'S DEPARTMENT AND OTHER
PARTICIPATING RIVERSIDE COUNTY CITIES FOR THE ADMINISTRATION
OF THE GRANT
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. Approve the acceptance of a grant award from the United States Department of Justice
in the amount of $18,006 for the 2020 Justice Assistance Grant (JAG) Program.
2. Approve an Interlocal Agreement with the City of Riverside, Riverside County
Sheriffs Department, and various cities within Riverside County, for the City of
Riverside Police Department to administer the grant on behalf of participating agencies.
A8596
3. Authorize the City Manager to execute all necessary documents.
J. ACCEPTANCE OF THE KEYLESS ENTRY PROJECT, PHASE 1, CITY
PROJECT NO. 14-23
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. Accept the public works improvement identified as the Keyless Entry Project, Phase I,
City Project No. 14-23, as completed in accordance with the plans and specifications.
2. Authorize the City Engineer to execute and file for recordation with the Riverside
County Recorder a Notice of Completion for the Keyless Entry Project, Phase I,
City Project No. 14-23.
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City Council Minutes September 10, 2020
K. ACCEPTANCE OF THE GROUNDWATER MONITORING WELLS FOR THE
WASTEWATER TREATMENT PLANT, REQUIRED TO COMPLY WITH THE
COLORADO RIVER REGIONAL WATER QUALITY CONTROL BOARD
ORDER R7-2017-0013, CITY PROJECT NO. 19-20
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. Accept the public works improvement identified Groundwater Monitoring Wells for
the Wastewater Treatment Plant, City Project No. 19-20, as completed in accordance
with the plans and specifications.
2. Authorize the City Engineer to execute and file for recordation with the Riverside
County Recorder a Notice of Completion for the Groundwater Monitoring Wells for
the Wastewater Treatment Plant, City Project No. 19-20.
L. ACCEPTANCE OF THE SEWER MANHOLE REHABILITATION PROJECT,
CITY PROJECT NO. 20-17
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. Accept the public works improvement identified Sewer Manhole Rehabilitation
Project, City Project No. 20-17 as completed in accordance with the plans and
specifications.
2. Authorize the City Engineer to execute and file for recordation with the Riverside
County Recorder a Notice of Completion for the Sewer Manhole Rehabilitation
Project, City Project No. 20-17.
M. ACCEPTANCE OF THE AIRPORT ENVIRONMENTAL BORING AND
DRILLING, CITY PROJECT NO. 19-32
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. Accept the installation of three groundwater monitoring wells and thirteen soil borings
to comply with regulations imposed on the City through State Water Board Order
WQ 2019-0005-DWQ identified as the Airport Environmental Boring and Drilling,
City Project No. 19-32, as completed in accordance with the plans and specifications.
2. Authorize the City Engineer to execute and file for recordation with the Riverside
County Recorder a Notice of Completion for the Airport Environmental Boring and
Drilling, City Project No. 19-32.
City of Palm Springs Page 9
City Council Minutes September 10, 2020
N. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO
RELEASE SUBDIVISION IMPROVEMENT SECURITIES FOR THE " ESCENA
DEVELOPMENT -PALM SPRINGS CLASSIC, LLC, A DELA WARE LIMITED
LIABILITY COMPANY," TRACT MAP 32233-1
This item was deleted from the agenda.
0. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO
RELEASE SUBDIVISION IMPROVEMENT SECURITIES FOR THE "ESCENA
DEVELOPMENT -PALM SPRINGS CLASSIC, LLC, A DELA WARE LIMITED
LIABILITY COMPANY," TRACT MAP 32233-2
This item was deleted from the agenda.
P. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO
RELEASE SUBDIVISION IMPROVEMENT SECURITIES FOR THE "ESCENA
DEVELOPMENT -PALM SPRINGS CLASSIC, LLC, A DELAWARE LIMITED
LIABILITY COMPANY," TRACT MAP 32233-3
This item was deleted from the agenda.
Q. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO
RELEASE SUBDIVISION IMPROVEMENT SECURITIES FOR THE "ESCENA
DEVELOPMENT -PALM SPRINGS CLASSIC, LLC, A DELAWARE LIMITED
LIABILITY COMPANY," TRACT MAP 32233-4
This item was deleted from the agenda.
R. APPROVAL OF A PIPELINE CROSSING AGREEMENT WITH UNION
PACIFIC RAILROAD FOR CONSTRUCTION OF A SEWER LINE EXTENSION
ON INDIAN CANYON DRIVE WITHIN RAILROAD RIGHT OF WAY;
APPROVAL OF A SUPPLEMENT AL AGREEMENT TO THE PUBLIC
HIGHWAY OVERPASS CROSSING AGREEMENT (A6956) WITH THE UNION
PACIFIC RAILROAD COMPANY; AND AUTHORIZATION TO APPROVE THE
EXTENSION OF TEMPORARY CONSTRUCTION EASEMENT AGREEMENTS
FOR THE INDIAN CANYON DRIVE WIDENING AND BRIDGE
REPLACEMENT, CITY PROJECT NO. 01-11, FEDERAL AID PROJECT NO.
BRLO 5282 (017)
This item was excluded from the Consent Calendar. Please refer to Page 13 of these
minutes for a summary of that action.
City of Palm Springs Page 10
City Council Minutes September 10, 2020
S. APPROVAL OF A NOTICE TO PROCEED TO VEOLIA WATER WEST
OPERATING SERVICES, INC. IN THE AMOUNT OF $87,985 FOR THE
DIGESTER NO. 2 CLEANING PROJECT AT THE WASTEWATER
TREATMENT PLANT, CITY PROJECT NO. 20-23
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. Authorize the City Engineer to issue a Notice to Proceed to Veolia Water West
Operating Services, Inc. in the amount of $87,985 for the Digester No. 2 Cleaning
Project, City Project No. 20-23.
2. Authorize the City Manager to execute all necessary documents.
T. APPROVAL OF FIVE TRAFFIC CALMING REQUESTS IN THE AMOUNT OF
$150,000 WITHIN THE CITY, AND AUTHORIZATION TO PURCHASE AND
IMPLEMENT THE TRAFFIC CALMING MEASURES
This item was excluded from the Consent Calendar. Please refer to Page 14 of these
minutes for a summary of that action.
U. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID THE 2020 SEWER COLLECTION SYSTEM
REPAIRS PROJECT, CITY PROJECT NO. 20-20
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to approve the plans, specifications, and estimate; and
authorize staff to advertise and solicit bids for 2020 Sewer Collection System Repairs
Project, City Project No. 20-20.
V. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID THE CITY HALL AND POLICE DEPARTMENT
COOLING TOWER REPLACEMENTS, CITY PROJECT NO. 20-22
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to approve the plans, specifications and estimate; and
authorize staff to advertise and solicit bids for the City Hall and Police Department Cooling
Tower Replacements, City Project No. 20-22.
W. RESOLUTION TO AUTHORIZE SUBMITTAL OF GRANT APPLICATIONS TO
CALRECYCLE
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 24797 entitled, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING SUBMITTAL OF APPLICATIONS FOR ALL CALRECYCLE
GRANTS FOR WHICH THE CITY OF PALM SPRINGS IS ELIGIBLE."
City of Palm Springs Page 11
City Council Minutes September 10, 2020
X. TEMPORARY WAIVER OF LAND USE PERMIT FEES RELATING TO
OUTDOOR DINING AND PORTABLE SIGNS
This item was excluded from the Consent Calendar. Please refer to Page 15 of these
minutes for a summary of that action.
Y. RECEIVE AND FILE REPORT ON THE PUBLIC ARTS COMMISSION
DOWNTOWN BENCH ART PILOT PROGRAM
This item was excluded from the Consent Calendar. Please refer to Page 15 of these
minutes for a summary of that action.
Z. REQUEST BY COUNTY OF SANTA CLARA AND CITY OF CHICAGO TO JOIN
IN AN AMICUS CURIAE BRIEF BEFORE THE SOUTHERN DISTRICT OF NEW
YORK INVOLVING THE AFFORDABLE CARE ACT (ACA) -NEW YORK, ET
AL. V. UNITED ST ATES DEPARTMENT OF HEAL TH AND HUMAN SERVICES
(HHS)
This item was excluded from the Consent Calendar. Please refer to Page 16 of these
minutes for a summary of that action.
AA. URGENCY ITEM: REQUEST BY THE CITY OF BOSTON TO JOIN IN AN
AMICUS BRIEF BEFORE THE U.S. DISTRICT COURT FOR THE DISTRICT OF
MASSACHUSETTS TO PROTECT ACCESS TO CITIZENSHIP FOR LOW-
INCOME IMMIGRANTS -PROJECT CITIZENSHIP V. DEPARTMENT OF
HOMELAND SECURITY
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. Approve the City of Palm Springs joining an amicus brief filed by the City of Boston
in support of the plaintiff Project Citizenship v. Department of Homeland Security.
2. Authorize the City Attorney to sign on to such brief on behalf of the City of
Palm Springs.
City of Palm Springs Page 12
City Council Minutes September 10, 2020
EXCLUDED CONSENT CALENDAR:
R. APPROVAL OF A PIPELINE CROSSING AGREEMENT WITH UNION PACIFIC
RAILROAD FOR CONSTRUCTION OF A SEWER LINE EXTENSION ON INDIAN
CANYON DRIVE WITHIN RAILROAD RIGHT OF WAY; APPROVAL OF A
SUPPLEMENTAL AGREEMENT TO THE PUBLIC HIGHWAY OVERPASS
CROSSING AGREEMENT (A6956) WITH THE UNION PACIFIC RAILROAD
COMPANY; AND AUTHORIZATION TO APPROVE THE EXTENSION OF
TEMPORARY CONSTRUCTION EASEMENT AGREEMENTS FOR THE INDIAN
CANYON DRIVE WIDENING AND BRIDGE REPLACEMENT, CITY PROJECT
NO. 01-11, FEDERAL AID PROJECT NO. BRLO 5282 (017)
In response to City Council inquiry, Assistant City Manager Fuller summarized the scope of
the project, noting that the construction project will be presented to the City Council in
approximately three-to-four months.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. Adopt Resolution No. 24794 entitled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY
MANAGER TO APPROVE THE EXTENSION OF TEMPORARY CONSTRUCTION
EASEMENT AGREEMENTS FOR THE INDIAN CANYON DRIVE WIDENING AND
BRIDGE REPLACEMENT, CITY PROJECT NO. 01-11, FEDERAL AID PROJECT NO.
BRLO 5282 (017)."
2. Adopt Resolution No. 24795 entitled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A SUPPLEMENTAL
AGREEMENT TO PUBLIC HIGHWAY OVERPASS AGREEMENT (A6956) WITH
THE UNION PACIFIC RAILROAD COMPANY FOR THE INDIAN CANYON DRIVE
WIDENING AND BRIDGE REPLACEMENT, CITY PROJECT NO. 01-11, FEDERAL
AID PROJECT NO. BRLO 5282 (017)." A6956
3. Adopt Resolution No. 24796 entitled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PIPELINE
CROSSING AGREEMENT WITH THE UNION PACIFIC RAILROAD COMPANY
FOR THE EXTENSION OF A SEWER LINE WITHIN AND ACROSS UNION
PACIFIC RAILROAD COMPANY RIGHT OF WAY TO BE CONSTRUCTED AS
PART OF THE INDIAN CANYON DRIVE WIDENING AND BRIDGE
REPLACEMENT, CITY PROJECT NO. 01-11, FEDERAL AID PROJECT
NO. BRLO 5282 (017)."
4. Authorize the City Manager to execute all necessary documents.
City of Palm Springs Page 13
City Council Minutes September 10, 2020
T. APPROVAL OF FIVE TRAFFIC CALMING REQUESTS IN THE AMOUNT OF
$150,000 WITHIN THE CITY, AND AUTHORIZATION TO PURCHASE AND
IMPLEMENT THE TRAFFIC CALMING MEASURES
In response to City Council inquiry, City Engineer Montalvo presented the staff report and
addressed the proposed traffic calming measures, installation of speed feedback signs, public
comments received, the proposed timeline for installation.
Councilmember Woods requested that staff continue to work with the Little Tuscany
neighborhood to develop solutions for West Racquet Club Road.
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Approve the following traffic calming requests:
a) Desert Highland Gateway Estates Neighborhood: Installation of three sets of
rubberized speed cushions ("speed humps"), associated signage, and striping on
Tramview Road between Eastgate Road and El Dorado Boulevard.
b) Desert Highland Gateway Estates Neighborhood: Installation of three sets of
rubberized speed cushions ("speed humps"), associated signage, and striping on Rosa
Parks Road between Eastgate Road and El Dorado Boulevard.
c) Demuth Park Neighborhood: Installation of one set of rubberized speed cushions
("speed humps"), associated signage, and striping on Mesquite Avenue between
El Cielo Road and Mountain View Drive.
d) Demuth Park Neighborhood: Installation of one set of rubberized speed cushions
("speed humps"), associated signage, and striping on Mesquite Avenue between Park
Access Road and Nueva Vista Drive.
e) Demuth Park Neighborhood: Installation of solar powered LED stop signs at Mesquite
A venue/Park Access Road and at Mesquite A venue/Calle Santa Cruz.
f) Melody Ranch Neighborhood: Installation of parking lane and traffic striping along
both sides of Seven Lakes Drive from Cherokee Way to Gene Autry Trail, and
authorization to install two speed feedback signs if recommended by the City Engineer
after further evaluation of the effects of the parking lane and traffic striping.
g) Little Tuscany Neighborhood: Modification of existing traffic calming devices on West
Racquet Club Road to eliminate one temporary traffic circle previously installed
between Leonard Road and Tuscan Road.
h) Tahquitz River Estates Neighborhood: Installation of three sets of rubberized speed
cushions ("speed humps"), associated signage, and striping on South Riverside Drive
between Camino Real and Sunrise Way.
2. Authorize staff to purchase and implement the traffic calming measures at a cost not to
exceed $150,000.
3. Authorize the City Manager to execute all necessary documents.
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X. TEMPORARY WAIVER OF LAND USE PERMIT FEES RELATING TO OUTDOOR
DINING AND PORTABLE SIGNS
Planning Services Director Fagg presented the staff report. In response to City Council inquiry,
Director Fagg advised that staff conducts in-person inspections of expanded outdoor dining
areas and portable sign locations to ensure that they do not encroach on the pedestrian
right-of-way; advised that staff will explore the possibility of using applicant submitted photos
rather than in-person inspections.
Mayor Pro Tern Holstege requested that staff return to City Council prior to June 30, 2021, for
consideration of extending the fee waiver.
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Ratify and confirm the City Council's prior authorization to temporarily waive the Land
Use Permit application fee for expanded outdoor dining through June 30, 2021.
2. Temporarily waive the Land Use Permit application fee for portable signs through
June 30, 2021.
Y. RECEIVE AND FILE REPORT ON THE PUBLIC ARTS COMMISSION
DOWNTOWN BENCH ART PILOT PROGRAM
Mayor Pro Tern Holstege commended the Public Arts Commission for their work and spoke
in support of the program; requested that staff agendize a presentation on the Downtown Bench
Art Pilot Program.
Councilmember Woods requested that the Public Arts Commission evaluate existing public
art for necessary repairs or replacement and to consider the placement of public art along
Tahquitz Canyon Way.
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to receive and file the report on the Public Arts Commission
Downtown Bench Art Pilot Program.
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City Council Minutes September 10, 2020
Z. REQUEST BY COUNTY OF SANT A CLARA AND CITY OF CHICAGO TO JOIN IN
AN AMICUS CURIAE BRIEF BEFORE THE SOUTHERN DISTRICT OF NEW
YORK INVOLVING THE AFFORDABLE CARE ACT (ACA) -NEW YORK, ET AL.
V. UNITED ST ATES DEPARTMENT OF HEAL TH AND HUMAN SERVICES (HHS)
City Attorney Ballinger summarized the request from the City of Chicago and the County of
Santa Clara for the City of Palm Springs to join an Amicus Curiae Brief involving the
Affordable Care Act.
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Approve the City of Palm Springs joining an amicus curiae brief filed by the County of
Santa Clara, California, and the City of Chicago in support of the plaintiff States in New
York, et al. v. HHS, 1:20-cv-5583.
2. Authorize the City Attorney to sign onto the brief on behalf of the City of Palm Springs.
2. PUBLIC HEARINGS:
A. AN APPLICATION BY THE CITY OF PALM SPRINGS FOR CLASS 1
HISTORIC RESOURCE DESIGNATION OF "THE LAS PALMAS LIQUOR
STORE BUILDING" LOCATED AT 1595 NORTH PALM CANYON DRIVE,
APN #505-165-010 (CASE HSPB #127)
Planning Services Director Fagg narrated a PowerPoint presentation. In response to City
Council inquiries, Director Fagg summarized staffs attempts to contact the property owner,
noting that the owner has not indicated support or opposition to the proposed historic
designation; pointed out that the owner will be eligible for property tax savings under a
Mills Act agreement; advised that lighting is not a contributing feature of the historic
designation and could be replaced in the future.
Mayor Kors opened and closed the Public Hearing, there being no one desiring to speak.
Councilmembers Gamer and Middleton suggested that it be required that property owners
be involved in a proposed historic designation going forward.
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24798 entitled, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DESIGNATING "THE LAS PALMAS LIQUOR STORE" LOCATED AT 1595 NORTH
PALM CANYON DRIVE, AS HISTORIC RESOURCE HSPB #127, SUBJECT TO
CONDITIONS (APN 505-165-010)."
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City Council Minutes September 10, 2020
B. PROPOSED MINOR CHANGES AND CORRECTIONS TO THE HISTORIC
PRESERVATION ORDINANCE (CASE 5.1454 ZTA)
Planning Services Director Fagg presented the staff report. In response to City Council
inquiry, Director Fagg summarized the Historic Site Preservation Board's rationale for
recommending a rolling period of forty years to define non-designated Class 4 sites.
Mayor Kors opened the Public Hearing.
Jim Franklin, representing the Palm Springs Regional Association of Realtors, requested
that the City Council set 1978 as the fixed year to define non-designated Class 4 sites.
There being no one else desiring to speak, Mayor Kors closed the Public Hearing.
Mayor Pro Tern Holstege requested that the Historic Site Preservation Board reconsider
the Class 1 designation definitions for further clarification.
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to introduce Ordinance No. 2030 entitled, "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING MUNICIPAL CODE SECTION 8.05 ("HISTORIC
PRESERVATION"), as amended to maintain 1978 as the fixed year to define
non-designated Class 4 sites and to reference the Historic Preservation Officer as the
signatory authority for demolition permits where authorized. City Clerk Mejia read the
ordinance by title.
RECESS/RECONVENE
The City Council recessed at 8:25 p.m. and reconvened at 8:35 p.m., with all members present.
3. LEGISLATIVE:
A. REQUEST TO AMEND THE PALM SPRINGS MUNICIPAL CODE TO
ESTABLISH THE NAME OF THE DEVELOPMENT SERVICES DEPARTMENT
AND UPDATE THE ASSOCIATED TITLES AND REFERENCES THEREIN
Planning Services Director Fagg presented the staff report. In response to City Council
inquiry, Director Fagg summarized the benefits of consolidating the Office of
Sustainability into the Development Services Department.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to introduce Ordinance No. 2031 entitled, "AN ORDINANCE
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM
SPRINGS MUNICIPAL CODE TO ESTABLISH THE NAME OF THE
DEVELOPMENT SERVICES DEPARTMENT AND TO UPDATE THE ASSOCIATED
TITLES AND REFERENCES THEREIN." City Clerk Mejia read the ordinance by title.
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City Council Minutes September 10, 2020
4. UNFINISHED BUSINESS:
A. DISCUSSION OF TEMPORARY MORATORIUM ON EVICTIONS AND
IMP ACT OF ASSEMBLY BILL 3088, REGARDING NONPAYMENT OF RENT
DUE TO COVID-19
City Attorney Ballinger presented the staff report;
During the discussion, the City Council agreed that Assembly Bill 3088 provides adequate
protections against residential evictions and determined that it should allow the existing
moratorium to expire.
In response to City Council inquiry, City Attorney Ballinger acknowledged that most cities
have not enacted commercial tenant eviction protections; advised that he will return to City
Council with additional information on a commercial eviction moratorium.
5. NEW BUSINESS:
A. ADOPTION OF A RESOLUTION TO ESTABLISH ADDITIONAL CRITERIA
FOR CONSIDERATION OF WAIVERS FROM SEPARATION REQUIREMENTS
FOR CANNABIS DISPENSARIES AND CANNABIS LOUNGES
Mayor Pro Tern Holstege announced her recusal, noting that her husband's work as a real estate
broker may be a potential financial conflict of interest, and left the meeting at 9:05 p.m.
Planning Services Director Fagg presented the staff report. In response to City Council
inquiry, Director Fagg advised that staff will provide the City Council with the business
license history for a particular site to determine whether a building has been vacant for an
extended period.
Mayor Kors spoke on the importance for staff to work with applicants early in the
permitting process about the distance requirements between cannabis-related businesses
and the waiver criteria.
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER
WOODS, CARRIED 3-1 (COUNCILMEMBER MIDDLETON VOTING NO AND
MAYOR PRO TEM HOLSTEGE RECUSED), to adopt Resolution No. 24 799 entitled,
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING CRITERIA FOR CONSIDERATION OF REQUESTS FOR
WAIVERS OF CERTAIN CANNABIS BUSINESS SEPARATION REQUIREMENTS."
Mayor Pro Tern Holstege returned to the meeting at 9:15 p.m.
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City Council Minutes September 10, 2020
B. FIRE DEPARTMENT RADIO COMMUNICATIONS INFRASTRUCTURE
UPGRADE
City Manager Ready presented the staff report.
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. In accordance with Palm Springs Municipal Code Section 7.04.030, "Special Expertise
Procurement," and Section 7.09.010, "Cooperative Purchasing Programs," approve a
cooperative purchase from Airwave Communications Enterprises of a KAIROS
Simulcast Repeater system using the Houston-Galveston Area Council of Governments
(HGACBuy) Cooperative Purchasing Program Contract #RA05-18, inclusive of
installation, in the total amount of $257,329. A8597
2. Approve a budget appropriation from the General Fund Unappropriated Balance in the
amount of $257,329.
C. DIRECTION REGARDING THE ESTABLISHMENT OF AN EQUITY AND
SOCIAL JUSTICE COMMITTEE
City Clerk Mejia presented the staff report.
During the discussion, the City Council agreed that it would be beneficial for two Human
Rights Commissioners to serve on the Equity & Social Justice Committee, noting that the
committee members should represent a cross-section of the community.
Councilmember Gamer and Mayor Pro Tern Holstege volunteered to serve as liaisons to staff
regarding establishing an Equity and Social Justice Committee.
PUBLIC COMMENT:
Kristin Olson, Owner, Urban Yoga Center, urged the City Council to increase the number of
participants allowed to partake in outdoor fitness classes.
Rhonda Katrenich, concurred with Ms. Olson comments to increase the number of participants
allowed to partake in outdoor fitness classes.
Lori McGlynn, on behalf of Salon 119 Beauty and Spa, urged the City Council to allow nail salons
to reopen, noting that her business is suffering financial losses.
City Attorney Ballinger noted that the City Council does not have the authority to open businesses
which were ordered closed by the State.
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City Council Minutes September 10, 2020
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT:
Mayor Pro Tern Holstege advised that additional outreach should be conducted prior to considering
an ordinance on reusable food service ware and plastic waste reduction.
Councilmember Gamer requested that staff agendize discussion on the Animal Shelter licensing
fees and timing of adoptions before the end of the calendar year.
Mayor Kors requested that staff review the recommendations of the Ethics, Transparency and
Government Reform Taskforce to ensure that they are incorporated into the appropriate policies
and provide an update to the City Council at a future meeting; requested that the Pension Reserve
Policy be codified into a formal resolution or policy and noted that staff needs to address issues
related to the vacation rental hotline.
ADJOURNMENT:
The City Council adjourned at 9:50 p.m., in memory of Joseph Beaver.
Respectfully submitted,
Anthony J. Mejia, MMC
City Clerk
APPROVED BY CITY COUNCIL: / /2020
City of Palm Springs Page 20