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HomeMy WebLinkAbout1A OCR (Minutes Added)Thursday, September 24, 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 24, 2020, at 5:35 p.m. PLEDGE OF ALLEGIANCE: Mayor Kors led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Grace Elena Garner, Lisa Middleton, Dennis Woods; Mayor Pro Tern Christy Holstege; and Mayor GeoffKors Absent: None. City Staff Present: 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: • PROCLAMATION FOR DEAF AWARENESS MONTH Mayor Kors presented a Proclamation to Mary Pugin and Tom McGillis declaring September 2020 as Deaf Awareness Month in the City of Palm Springs. • LIFESTREAM AW ARDS AND BLOOD DONATION EVENT Mayor Kors announced that the City of Palm Springs won the LifeStream A ward for a recent blood drive competition between Coachella Valley cities. • HUNGER ACTION MONTH Mayor Kors announced September 2020 as Hunger Action Month and displayed a video encouraging people to donate to Find Food Bank. · .i i+ rt~~'.~ ~~o. -· _____ .,..,. City Council Minutes September 24, 2020 • COVID-19 RED TIER UPDATE Emergency Management Coordinator DeSelms presented an update on COVID-19 cases data in the Coachella Valley and the State's new tier system for reopening the economy. • PALM CANYON DRIVE STREET CLOSURE UPDATE Councilmember Woods presented an update on the Palm Canyon Drive street closure to allow for outdoor dining and additional space to help maintain social distancing; noted that staff is working on new signage and other improvements to create a more welcoming experience. In response to City Council inquiry, Assistant City Manager Fuller advised that staff will monitor the impacts of the street closure and make adjustments as needed; advised that more restaurants have submitted applications to expand their outdoor dining space. Councilmember Middleton noted that retail and service business owners had expressed concern that the street closure has negatively impacted their businesses; requested that staff reach out to all business types and gather data regarding financial impacts associated with the street closure. • PRESENTATION ON THE DOWNTOWN BENCH ART PILOT PROGRAM Community and Economic Development Director Virata narrated a PowerPoint presentation on the Downtown Bench Art Pilot Program. • CENSUS UPDATE Neighborhoods Manager Goolsby presented an update of the 2020 U.S. Census response rates. ACCEPTANCE OF THE AGENDA: MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to accept the agenda with the removal of Consent Calendar Item No. lE for separate discussion. REPORT OF CLOSED SESSION: The Regular Closed Session of the City Council of September 24, 2020, was called to order by Mayor Kors at 3 :00 p.m., with all members present. Brad Anderson, stated that he is opposed to using litigation to intimidate the public; urged the City Council to take current events into consideration while determining the City Manager's and City Attorney's compensation. The meeting convened into Closed Session to discuss the following items as listed on the Regular Closed Session Meeting Agenda: City of Palm Springs Page2 City Council Minutes September 24, 2020 CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION, Pursuant to Government Code Section 54956.9(d)(l): 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 CONFERENCE WITH LEGAL COUNSEL -MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9( d)(2): Seven (7) matters that, under the existing circumstances, the City Attorney believes create 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 four (4) matters the City Council has decided or may decide to initiate litigation. PUBLIC EMPLOYEE PERFORMANCE EVALUATION, Pursuant to Government Code Section 54957(b )(1 ): City Manager City Attorney 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: 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, Assistant City Manager or Designee Luis A. Avila Paz, Rosario Avila and Maria Avila Price and Terms of Payment APNs 680-170-051 and 680-170-014 City of Palm Springs Marcus Fuller, Assistant City Manager or Designee Bureau of Indian Affairs 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: Property Description: Agency: City Negotiator: Negotiating Parties: Under Negotiation: City of Palm Springs September 24, 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) 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) Right of way easements & temporary construction easements along the north side of Vista Chino, and along the east side of Gene Autry Trail (APNs 501-355-003, 677-540-029 & 677-540-028) City of Palm Springs and Successor Agency of the Former Redevelopment Agency of the City of Palm Springs Marcus Fuller, Assistant City Manager or Designee California Department of Transportation ( Caltrans) 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) Boulders Property (Lots 1-45 of Tract Map 31095/APNs 504-150- 011 through -055); Crescendo Property (APN 504-040-046); Rimrock Property (APN 681-480-011 ); Gene Autry Property (APNs 677-540-028 & 677-540-029); Block G of parcel map 36446 (APN 513-560-048) City of Palm Springs David H. Ready, City Manager or Designee Price and Terms of Payment Page4 City Council Minutes September 24, 2020 CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957.6: City Negotiator: Employee Organizations: David Ready, City Manager or Designee Perry Madison, Director of Human Resources Bryan Reyes, Chief of Police Peter Brown, Attorney 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: Gretchen Gutierrez, speaking on Item SD, representing the Desert Valley Builders Association, urged the City Council to approve the DVBA request to expand the number of community directional real estate signs. Josh Black, speaking on Item SA, representing E7 Palm Springs, pointed out that OG Arabian Nights Dispensary received their permits in February 2019; asserted that they are holding onto their permit so that no other business can locate in the area; urged the City Council to approve the subject distance waiver. Chris Cranfill, speaking on Item SB, representing Prime DNA Cannabis, discussed his qualifications and involvement in the cannabis industry and urged the City Council to approve the distance waiver. Jeffrey Bernstein, speaking on Item 3B, urged the City Council to extend the eviction moratorium for commercial tenants, opining that many small businesses will close without the protections; suggested that the City Council require mediation services prior to initiating eviction proceedings. Philip Wen, speaking on Item SA, representing OG Arabian Nights, stated that the State of California has denied issuing cannabis permits to Robert Divito on several occasions, asserting that he seeks cannabis-related permits for resale purposes. Nissim Raphael, speaking on Item SA, voiced opposition to the proposed cannabis dispensary; stated that OG Arabian Nights had made significant investments to renovate the property and will open in the next few weeks. Michael McCulloch, speaking on Item IE, voiced support for the preservation of Tahquitz Creek Golf Course as an open space. City of Palm Springs Page 5 City Council Minutes September 24, 2020 Bonita Money, speaking on Item 5A, representing the National Diversity & Inclusion Cannabis Alliance, urged the City Council to support applicants under the City's Social Equity Cannabis program. Matt Bousquette, speaking on Items 3B and 5A, urged the City Council to deny the distance waiver for Element 7; pointed out that commercial landlords have not received financial assistance due to non-payment of tenants rent and urged the City Council to allow the eviction moratorium to expire. Dirk Voss, speaking on Item 5A, spoke in support of Element 7 and urged the City Council to approve the distance waiver request. Chris Bloom, speaking on Item 5A, representing Element 7, stated that his company does not collect and resale cannabis licenses; spoke on their commitment to hire locally and fund additional parking lot improvements. Brad Anderson, speaking on Item IN, voiced opposition to the U.S. Conference of Mayors and urged the City Council to focus on local issues. CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS: Mayor Kors announced new airline service designations via the Palm Springs International Airport; noted that Councilmember Middleton and himself are volunteering to serve as liaisons on issues related to the Fire Department. 1. CONSENT CALENDAR: MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM HOLSTEGE, CARRIED 5-0, to approve the consent calendar, with the removal of Item No. IE for a separate discussion. A. APPROVAL OF MINUTES MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM HOLSTEGE, CARRIED 5-0, to approve the City Council Meeting Minutes of July 23 and August 20, 2020. B. APPROVAL OF PAYROLL WARRANTS, CLAIMS, AND DEMANDS MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM HOLSTEGE, CARRIED 5-0, to: 1. Adopt Resolution No. 24800 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 08-22- 2020 TOTALING $1,631,982.62 AND ACCOUNTS PAYABLE WARRANTS DATED 08-13-2020 AND 08-20-2020 TOTALING $1,473,070.12, IN THE AGGREGATE AMOUNT OF $3,105,052.74, DRAWN ON BANK OF AMERICA." City of Palm Springs Page 6 City Council Minutes September 24, 2020 2. Adopt Resolution No. 24801 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 08-08- 2020 TOTALING $1,634,396.63 AND ACCOUNTS PAYABLE WARRANTS DATED 08-06-2020 TOTALING $5,415,675.19, IN THE AGGREGATE AMOUNT OF $7,050,071.82, DRAWN ON BANK OF AMERICA." C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTHS OF JULY AND AUGUST 2020 MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM HOLSTEGE, CARRIED 5-0, to receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of July 1, 2020, through August 31, 2020. D. DESIGNATION OF A VOTING DELEGATE FOR THE 2020/21 EXECUTIVE COMMITTEE ELECTIONS FOR THE RIVERSIDE COUNTY DIVISION OF THE LEAGUE OF CALIFORNIA CITIES MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM HOLSTEGE, CARRIED 5-0, to designate Lisa Middleton as the Voting Delegate for the 2020/21 Executive Committee election for the Riverside County Division of the League of California Cities. E. APPROPRIATION OF $14,000 FROM UNRESTRICTED GENERAL FUND BALANCE FOR AN APPRAISAL OF THE TAHQUITZ CREEK GOLF COURSE AND RELATED PROPERTIES This item was excluded from the Consent Calendar. Please refer to page 10 of these minutes for a summary of that action. F. SECOND READING AND ADOPTION OF 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 MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM HOLSTEGE, CARRIED 5-0, to adopt Ordinance No. 2031 entitled, "AN ORDINANCE OF THE CITY COUNCIL 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 of Palm Springs Page 7 City Council Minutes September 24, 2020 G. SECOND READING AND ADOPTION OF ORDINANCE NO. 2030 OF THE CITY OF PALM SPRINGS, CALIFORNIA, RELATIVE TO MINOR UPDATES TO THE HISTORIC PRESERVATION ORDINANCE (CASE 5.1454 ZTA) MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM HOLSTEGE, CARRIED 5-0, to adopt 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")." H. APPROVAL OF AMENDMENT NO. 3 TO EXTEND CONTRACT SERVICE AGREEMENT NUMBER 6683 (A6683) WITH SOCAL LAND MAINTENANCE, INC. FOR ROADSIDE MAINTENANCE AND TRANSIENT CAMP CLEAN UP SERVICES MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM HOLSTEGE, CARRIED 5-0, to: 1. Approve Amendment No. 3 to Agreement No. 6683 with So Cal Land Maintenance, Inc., in the total amount of $87,362.50, extending the contract term an additional six ( 6) months. A6683 2. Authorize the City Manager to execute all necessary documents. I. DECLARE CITY-OWNED LAND AS SURPLUS TO ALLOW FOR THE DISPOSITION OF PROPERTIES IN ACCORDANCE WITH AB 1486 SURPLUS LAND ACT MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 24802 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING CITY-OWNED PROPERTY DESCRIBED HEREIN, AS SURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220 ET SEQ., AS AMENDED ON JANUARY 1, 2020, FOR THE SALE OF SURPLUS LAND." City of Palm Springs Page 8 City Council Minutes September 24, 2020 J. REQUEST BY TAMARA PAULSON AND ANTHONY REDON, OWNERS, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 360 CABRILLO ROAD UNIT 227, A CONTRIBUTING STRUCTURE IN THE RACQUET CLUB COTTAGES WEST HISTORIC DISTRICT (APN #501-131-034), (HSPB #88 / HD-3) MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM HOLSTEGE, CARRIED 5-0, to: 1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Tamara Paulson and Anthony Redon and the Racquet Club Cottages West Homeowners Association for 360 Cabrillo Road, Unit 227. 2. Authorize the City Manager to execute the Agreement. 3. Direct the City Clerk to record the Agreement with the County of Riverside. K. REQUEST BY JEFFREY ALLEN WILKES AND GAN TEOW HOOi, OWNERS FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 640 NORTH BELARDO ROAD, A CONTRIBUTING STRUCTURE IN THE MERITO MANOR HISTORIC DISTRICT (APN #505-302- 015), (HSPB #121 / HD-8) MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM HOLSTEGE, CARRIED 5-0, to: 1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Jeffrey Allen Wilkes, Gan Teow Hooi, and the Merito Manor Homeowners Association. 2. Authorize the City Manager to execute the Agreement. 3. Direct the City Clerk to record the Agreement with the County of Riverside. L. REQUEST BY THE AMERICAN LEGION DEPARTMENT OF CALIFORNIA POST #519 FOR APPROVAL OF MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR THE AMERICAN LEGION POST #519, A CLASS 1 HISTORIC SITE LOCATED AT 400 NORTH BELARDO ROAD (APN #513-082-021), (HSPB #36) MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM HOLSTEGE, CARRIED 5-0, to: 1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and the American Legion Department of California, Post #519. 2. Authorize the City Manager to execute the Agreement. 3. Direct the City Clerk to record the Agreement with the County of Riverside. City of Palm Springs Page 9 City Council Minutes September 24, 2020 M. APPROVAL OF A RESOLUTION OF INTENTION TO FORM THE PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2020-1 (CANYON VIEW) AND A RESOLUTION DECLARING THE NECESSITY TO INCUR BONDED INDEBTEDNESS MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM HOLSTEGE, CARRIED 5-0, to: 1. Adopt Resolution No. 24803 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2020-1 (CANYON VIEW) OF THE CITY OF PALM SPRINGS." 2. Adopt Resolution No. 24804 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE NECESSITY FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2020- 1 (CANYON VIEW) OF THE CITY OF PALM SPRINGS TO INCUR BONDED INDEBTEDNESS." 3. Schedule a Public Hearing for November 12, 2020, regarding matters related to the Canyon View Community Facilities District formation. N. REQUEST BY U.S. CONFERENCE OF MAYORS TO SIGN ON TO STATEMENT OF SUPPORT FOR HUMAN RIGHTS IN THE UNITED STATES MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM HOLSTEGE, CARRIED 5-0, to: 1. Approve the City of Palm Springs to sign on to a statement in support of human rights from the United States Conference of Mayors. 2. Authorize the Mayor to sign on to such statement on behalf of the City of Palm Springs. EXCLUDED CONSENT CALENDAR: E. APPROPRIATION OF $14,000 FROM UNRESTRICTED GENERAL FUND BALANCE FOR AN APPRAISAL OF THE TAHQUITZ CREEK GOLF COURSE AND RELATED PROPERTIES In response to City Council inquiry, Assistant City Manager Fuller advised that the proposed appraisal is a preliminary step to evaluate the feasibility of selling the properties for active/passive recreational use, noting that there will be a formal process to seek community input in the future. MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to approve an appropriation of $14,000 from unrestricted General Fund balance and authorize a transfer to the Economic Development Department for the purpose of funding 50% of the cost of an appraisal of the City's golf course properties. City of Palm Springs Page 10 City Council Minutes September 24, 2020 2. PUBLIC HEARINGS: A. APPEAL BY SIMON CRE SUMMIT III, LLC, OF THE PLANNING COMMISSION ACTION TO DENY A CONDITIONAL USE PERMIT AND A MAJOR ARCHITECTURAL APPLICATION FOR THE CONSTRUCTION OF A 3,071-SQUARE FOOT CONVENIENCE STORE AND FUELING STATION LOCATED AT 2444 NORTH PALM CANYON DRIVE, ZONE C-1, SECTION 3 (CASE 5.1498 CUP & 3.4148 MAJ) Director of Development Services Fagg narrated a PowerPoint presentation. In response to City Council inquiries, Director Fagg stated that the existing 7-Eleven store across the street would close if the subject project is constructed; advised that the Planning Commission determined that the project does not meet the intended goals of the Mixed-Use/Multi-Use (MU) zoning designation, noting that project should be an integrated element of the neighborhood typically with shared pedestrian connections, vehicular access, and amenities. Mayor Kors opened the Public Hearing. Umar Kahn, Applicant/Franchisee, spoke on the impacts of Covid-19 on his business, noting that the new location will allow him to expand their products and services in a larger store; offered to work with the Palm Springs Police Department to address the homeless loitering in front of the store; urged the City Council to overturn the Planning Commission's decision. Peter Krahenbuhl, the Project Developer, noted that this is a proposal to expand an existing business and reviewed the project design and site history; noted that there is currently no interest to utilize the proposed site for a full-service grocery store. Bill Hamlin, Ayres Advisors, stated that the project is consistent with the current zoning designation, would improve the existing site conditions, and encourage additional development in the surrounding area. Diane Blasdel, Attorney representing the applicant, noted that the project would result in public safety, lighting, and landscaping improvements. There being no one else desiring to speak, Mayor Kors closed the Public Hearing. Councilmember Woods announced his ex parte communications with the developer; pointed out there is no proposed reuse of the existing 7-Eleven store and that its closure would contribute to the surrounding area's blight; noted that the existing vacant lot is not considered blight; opined that the proposed project does not meet the intended goals of the MU zoning designation nor does it meet the needs of the food desert overlay zone; asserted that the area does not need another fueling station and the project is not pedestrian-friendly. In response to City Council inquiries, Director Fagg noted that staff proposed a Condition of Approval to require connectivity between the commercial use and residential area; stated that the City Council would ultimately need to decide whether the project is needed as a public convenience or necessity. City of Palm Springs Page 11 City Council Minutes September 24, 2020 In response to City Council inquiry, City Manager Ready and Director Virata discussed efforts to attract a full-service grocery store to the subject site, noting challenges related to insufficient population levels in the immediate area. Councilmember Middleton agreed that the project would result in the existing store to become another vacant building contributing to the area's blight. Councilmember Garner expressed concern regarding the number of fueling stations in the immediate area, noting the need to think about the future of vehicular transportation and impacts to the environment; spoke on the need to be intentional about the entrance to the City. Mayor Kors opined that the proposed project is neither necessary nor a public convenience; noted that the community had expressed strong opposition to the project. Mayor Pro Tern Holstege spoke on the need for new development in the area; agreed that the project would be detrimental to future uses of the site, pointing out that fueling stations with underground tanks may require environmental remediation and that the Governor has called for the phasing out of new gas-powered vehicles by 2035. MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to direct staff to prepare and return to the City Council with a Resolution denying the appeal and upholding the Planning Commission's action to deny a Conditional Use Permit and a Major Architectural Application for the construction of a 3,071-square foot convenience store and fueling station located at 2444 North Palm Canyon Drive. B. CONDUCT A PUBLIC HEARING UNDER SECTION 53083 OF THE CALIFORNIA GOVERNMENT CODE TO APPROVE A HOTEL OPERATIONS COVENANT BETWEEN THE CITY OF PALM SPRINGS AND RESORTS PALM SPRINGS, LLC, A CALIFORNIA LIMITED COMPANY, (SANTIAGO RESORT HOTEL) PURSUANT TO THE CITY'S HOTEL OPERATIONS INCENTIVE PROGRAM Director of Community and Economic Development Virata presented the staff report and responded to City Council inquiries. Mayor Kors opened and closed the Public Hearing, there being no one desiring to speak. Following discussion, MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: 1. Approve a Hotel Operations Covenant Agreement with Resorts Palm Springs, LLC for the Santiago Resort Hotel located at 650 East San Lorenzo Road. 2. Authorize the City Manager to execute all necessary documents. City of Palm Springs Page 12 City Council Minutes September 24, 2020 RECESS/RECONVENE The City Council recessed at 7:46 p.m. and reconvened at 8:00 p.m. with all members present. 3. LEGISLATIVE: A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CALIFORNIA, AMENDING CHAPTER 8.80 OF THE PALM SPRINGS MUNICIPAL CODE ENTITLED "VACANT BUILDINGS; BLIGHTED PROPERTIES" City Attorney Ballinger presented the staff report. In response to City Council inquiries, Mr. Ballinger advised that Code Compliance Officers, Building Official, and City Attorney work collaboratively to address blighted properties, noting that the City's goal is to obtain compliance. In response to City Council inquiry, City Manager Ready advised that the City will typically allow for extensions of time if a residential property owner needs to comply with property standards, noting that the City has limited financial resources to assist with life/safety property improvements. The City Council requested that staff compile a list of programs and resources for residential property owners who need financial assistance to bring their property into compliance with maintenance standards. Councilmember Middleton suggested that staff work with One-PS to develop a financial assistance program for low-income property owners struggling to maintain their homes. Following discussion, MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM HOLSTEGE, CARRIED 5-0, to waive reading of the text and introduce for first reading an Ordinance entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 8.80 OF THE PALM SPRINGS MUNICIPAL CODE ENTITLED 'VACANT BUILDINGS; BLIGHTED PROPERTIES'," with the following modifications: 1. All non-residential properties are subject to increased fines (the enhanced fine was previously limited to non-residential properties located in the Downtown/Uptown Districts) 2. Require fire and liability insurance coverage for registered vacant properties. City Clerk Mejia read the ordinance title. City of Palm Springs Page 13 City Council Minutes September 24, 2020 B. DISCUSSION REGARDING TEMPORARY MORATORIUM ON EVICTIONS FOR COMMERCIAL TENANCIES AND POSSIBLE EXTENSION, TERMINATION OR MODIFICATION OF SUCH MORATORIUM City Attorney Ballinger presented the staff report. In response to City Council inquiries, Mr. Ballinger advised that the City Council has the authority to impose a requirement for mediation services prior to initiating eviction proceedings; explained that the Governor's order does not enact commercial property eviction protections but instead allows municipalities to enact their own eviction moratorium. RECESS/RECONVENE Due to technical issues, the City Council recessed at 8:16 p.m. and reconvened at 8:21 p.m., with all members present. Councilmember Gamer expressed concern regarding the ability for tenants to pay back rent and questioned whether tenants should be required to pay a minimum percentage of rent due each month. Councilmember Middleton questioned whether the City could implement a mediation program and whether landlords should have the right to examine evidence related to the cause for non-payment of rent; voiced concern that some tenants will only pay the minimum percentage of rent due if such a provision were enacted. Mayor Pro Tern Holstege noted that Mayor Kors and herself have met with commercial landlords regarding the subject moratorium; noted that tenants are required to pay any portion of rent that they can afford; stated that some landlords have expressed concern regarding the enforcement of this provision and the feasibility that tenants will be able to pay their back rent when the moratorium expires; spoke on the challenges with implementing a mediation program for commercial properties. Mayor Kors noted that most tenants are reporting that they are working cooperatively with their landlords; questioned the possibility of extending the payback period for past due rent; suggested that landlords could be required to provide notice to tenants indicating their willingness to meet and confer. Councilmember Woods pointed out that rental assistance and other resource programs are available to commercial tenants and voiced support for allowing the moratorium to sunset. Mayor Pro Tern Holstege spoke on the need to seek additional input from commercial tenants regarding their ability to pay back rent; voiced support for allowing the existing moratorium to sunset. Councilmember Middleton voiced her support for allowing the moratorium to sunset, suggesting that the City notify commercial tenants that the City is willing to work with them if their landlord is uncooperative. City of Palm Springs Page 14 City Council Minutes September 24, 2020 Director Virata suggested that staff conduct a sampling of different business sectors to obtain additional information as it relates to their ability to pay back rent. The City Council determined to allow the temporary moratorium on commercial evictions to sunset. 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: A. REQUEST BY ROBERT DIVITO OF E7 PALM SPRINGS, LLC FOR ADMINISTRATIVE MINOR MODIFICATION (AMM) APPROVAL FOR RELIEF FROM THE FIVE HUNDRED (500)-FOOT MINIMUM SEPARATION DISTANCE REQUIREMENT BETWEEN CANNABIS DISPENSARIES AND CANNABIS LOUNGES AT 240 & 242 NORTH PALM CANYON DRIVE, ZONE CBD, (CASE 7.1603 AMM) Director of Development Services Fagg presented the staff report. In response to City Council inquiries, Director Fagg advised that the City has no information on the statement that the owner of OG Arabian Nights intentionally seeks cannabis-related permits for resale. In response to City Council inquiry, Director of Special Program Compliance Goedhart advised that OG Arabian Nights has indicated they will open in early October 2020 and summarized their permitting timeline. Councilmember Middleton, Mayor Pro Tern Holstege, and Mayor Kors agreed that the criteria for minimum separation distance waivers should include a timeline to ensure that the project moves forward, citing concern that an applicant may be attempting to collect permits for resale. Councilmember Garner voiced opposition to the request, citing concerns related to the oversaturation of cannabis-related businesses in the immediate area. Mayor Kors noted that the criteria include whether the proposed site has remained vacant for an extended period or causing blight, pointing out that the site was successfully operated by other businesses in 2019 and that staff found no signs of blight. MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to adopt Resolution No. 24806 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING AN ADMINISTRATIVE MINOR MODIFICATION (AMM) WHICH GRANTS RELIEF FROM THE FIVE HUNDRED (500)-FOOT-MINIMUM SEPARATION DISTANCE REQUIREMENT BETWEEN CANNABIS DISPENSARIES AND CANNABIS LOUNGES FOR ELEMENT 7 AT 240 & 242 NORTH PALM CANYON DRIVE (CASE 7.1603AMM)." City of Palm Springs Page 15 City Council Minutes September 24, 2020 B. CALIFORNIA'S BEST, LLC (PRIME DNA CANNABIS) REQUESTING AN ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENT FOR A CANNABIS DISPENSARY/ LOUNGE AT 1227 SOUTH GENE AUTRY TRAIL (CASE 7.1605AMM) Director of Development Services Fagg presented the report. Mayor Kors expressed concern with granting a distance separation waiver if the proposed cannabis-related business will result in an existing business being forced to relocate. In response to City Council inquiries, Director Fagg advised that the applicant has indicated that the current tenant (U.S. Mobility) intends to relocate to a different site. Councilmember Woods indicated his support for the distance separation waiver, noting that the cannabis-related businesses in the subject business park would operate similar to car dealerships clustered in a particular area. Councilmember Gamer voiced concern regarding the oversaturation of cannabis-related businesses and utilizing a site that has recently been used by different business sectors. MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM HOLSTEGE, CARRIED 4-1 (COUNCILMEMBER WOODS VOTING NO), to adopt Resolution No. 24807 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING AN ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENT FOR PRIME DNA CANNABIS DISPENSARY & LOUNGE LOCATED AT 1227 SOUTH GENE AUTRY TRAI~ (CASE 7.1605 AMM)." C. FISCAL YEAR 2019/2020 GENERAL FUND REVIEW City Manager Ready and Director of Finance Pauley narrated a PowerPoint presentation and responded to City Council inquiries. Mayor Kors requested that staff provide the City Council with updates on Transient Occupancy Tax (TOT) and Sales Tax on a monthly basis. In response to City Council inquiries, Assistant City Manager Fuller advised that staff has prioritized park projects as directed by the City Council and will seek input from the Measure J Oversight Commission to prioritize funding for other canceled projects. Councilmembers Middleton and Woods recommended that the City Council set aside at least 50% of revenues above projections until the City has one year of sales and TOT revenues in reserves. Councilmember Gamer voiced her support for the Measure J Project list, suggesting that staff evaluate the refurbishment or replacement of the concrete turtles at City parks. City of Palm Springs Page 16 City Council Minutes September 24, 2020 Mayor Pro Tern Holstege requested an update on any additional CARES Act funding at the next City Council meeting. The City Council took no formal action and provided direction to staff as appropriate. D. REQUEST BY DESERT VALLEYS BUILDERS ASSOCIATION (DVBA) FOR AN INCREASE IN THE NUMBER OF COMMUNITY DIRECTIONAL REAL ESTATE SIGNS ALLOWED UNDER THE APPROVED AGREEMENT WITH THE CITY OF PALM SPRINGS Director of Development Services Fagg presented the staff report and responded to City Council inquiries. In response to City Council inquiries, City Attorney Ballinger confirmed that the sign program must be content-neutral and that non-commercial messages would be allowed on the signs; explained that the City has an obligation to protect the First Amendment and its obligations flow to the DVBA via the proposed Agreement. In response to City Council inquiry, Gretchen Gutierrez, representing the DVBA, advised that no one has contacted the DVBA regarding the placement of political content on the proposed signs; pointed out that the sign program is intended to drive traffic to new residential developments; stated that they would work cooperatively with the City Attorney to ensure the appropriateness of sign content. Mayor Kors and Mayor Pro Tern Holstege volunteered to work with the City Attorney to review the matter further and return to the City Council at a future meeting. The City Council took no formal action on this matter. PUBLIC COMMENT: Dian Torres, announced that she is a candidate for City Council; expressed gratitude to Mayor Pro Tern Holstege for her work on racial discrimination and transitioning to district-based elections; requested that Mayor Pro Tern Holstege endorse her candidacy. Brad Anderson, voiced opposition to the two-minute time limitation for public comment; spoke on the importance of maintaining property values and public safety. CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT: Mayor Pro Tern Holstege requested that staff present an update on the upcoming election and voting options. City of Palm Springs Page 17 City Council Minutes ADJOURNMENT: The City Council adjourned at 10:27 p.m. Respectfully submitted, Anthony J. Mejia, MMC City Clerk APPROVED BY CITY COUNCIL: / /2020 September 24, 2020 City of Palm Springs Page 18 Thursday, October 8, 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, October 8, 2020, at 5:35 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 GeoffKors 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: • OFFICERS JOSE "GIL" VEGA AND LESLEY ZEREBNY REMEMBRANCE Police Chief Reyes thanked the City Council for its statement made in memory of fallen Officers Jose Gilbert "Gil" Vega and Lesley Zerebny and led a moment of silence in their memory. • NATIONAL ARTS AND HUMANITIES MONTH Mayor Kors presented a Proclamation to Public Arts Commission Chair Sheffer declaring October 2020 as National Arts and Humanities Month in the City of Palm Springs. • NATIONAL HISPANIC HERITAGE MONTH Councilmember Garner read a Proclamation designating October 2020 as National Hispanic Heritage Month in the City of Palm Springs. 17E!:~ NO._.i ... Pr_. __ City Council Minutes October 8, 2020 • CERTIFICATES OF RECOGNITION FOR SALTON SEA KAYAKING STUDENTS Mayor Pro Tern Holstege presented Certificates of Recognition to Layton Jones, Clay Jones, and Evelyn Garcia in recognition of their efforts to raise awareness about the social and ecological crisis of the Salton Sea by kayaking across the sea. • ELECTION UPDATE City Clerk Mejia narrated a PowerPoint presentation on the upcoming election, noting ballot drop-off locations, early voting options, Voter Assistance Center locations, and same-day voter registration. • COVID-19 UPDATE Emergency Management Coordinator DeSelms presented an update on the number of Covid-19 cases in the Coachella Valley and Riverside County. Mayor Kors spoke on the importance for residents to test frequently for Covid-19, noting a free testing event at the Palm Springs Convention Center. • RENTAL ASSISTANCE UPDATE Director of Community and Economic Development Virata provided information about a rental assistance program provided by United Way and Lift to Rise and noted additional information can be obtained on the City's website. • U.S. CENSUS UPDATE Neighborhoods Manager Goolsby presented an update on the U.S. Census response rate in the City of Palm Springs and Coachella Valley. • NEW SOUTHWEST AIRLINES FLIGHTS TO PSP Mayor Kors announced that Southwest Airlines will provide new flight service out of the Palm Springs International Airport. ACCEPTANCE OF THE AGENDA: MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to accept the agenda with the removal of Consent Calendar Item No. lD for separate discussion and the deletion ofltem No. lK from the agenda. REPORT OF CLOSED SESSION: The Regular Closed Session of the City Council of October 8, 2020 was called to order by Mayor Kors at 3 :00 p.m., with all members present. City of Palm Springs Page2 City Council Minutes October 8, 2020 The meeting convened into Closed Session to discuss the following items as listed on the Regular Closed Session Meeting Agenda: CONFERENCE WITH LEGAL COUNSEL -MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9( d)(2): Seven (7) 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 four (4) matters the City Council has decided or may decide to initiate litigation. PUBLIC EMPLOYEE PERFORMANCE EVALUATION, Pursuant to Government Code Section 54957: City Manager City Attorney CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54956.8: Property Address/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 67 4 70 Sarah Street, Cathedral City, CA 92234 City of Palm Springs Marcus Fuller, Assistant City Manager or Designee Luis A. Avila Paz, Rosario Avila, and Maria Avila Price and Terms of Payment APNs 680-170-051 and 680-170-014 City of Palm Springs Marcus Fuller, Assistant City Manager or Designee Bureau of Indian Affairs 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 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 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: City of Palm Springs October 8, 2020 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) Right of way easements & temporary construction easements along the north side of Vista Chino, and along the east side of Gene Autry Trail (APNs 501-355-003, 677-540-029 & 677-540-028) City of Palm Springs and Successor Agency of the Former Redevelopment Agency of the City of Palm Springs Marcus Fuller, Assistant City Manager or Designee California Department of Transportation (Caltrans) 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) Boulders Property (Lots 1-45 of Tract Map 31095/APNs 504-150-011 through-055); Crescendo Property (APN 504-040-046); Rimrock Property (APN 681-480-011 ); Gene Autry Property (APNs 677-540-028 & 677-540-029); Block G of parcel map 36446 (APN 513-560-048) City of Palm Springs David H. Ready, City Manager or Designee Price and Terms of Payment Page4 City Council Minutes October 8, 2020 CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957.6: Agency Designated Representatives: David Ready, City Manager 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: Kathy Weremuik, speaking on Item SA, spoke in support of the recommended revisions to the General Plan Vision Statement and priorities. CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS: City Manager Ready announced a redesigned City website will launch in November 2020; advised that a budget update will be scheduled for a City Council meeting in November 2020. Councilmember Garner reported on her visit to a third-grade class at Katherine Finchy Elementary School, noting that the students conveyed their excitement for the new splash area the Downtown Park, surf park, and requested more playground equipment at parks. Mayor Pro Tern Holstege reported on her District 4 Town Hall meeting. 1. CONSENT CALENDAR: MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to approve the consent calendar, with the removal ofltem No. lD for separate discussion. A. APPROVAL OF MINUTES MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to approve the City Council Meeting Minutes of August 6 and September 30, 2020. City of Palm Springs Page 5 City Council Minutes October 8, 2020 B. ACCEPT A RESIGNATION FROM THE SUSTAINABILITY COMMISSION MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to accept with regret the resignation of John Goins from the Sustainability Commission. C. APPROVAL OF PAYROLL WARRANTS, CLAIMS, AND DEMANDS MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24808 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 09-05-2020 TOTALING $1,717,180.98 AND ACCOUNTS PAYABLE WARRANTS DATED 08-27-2020 AND 09-03-2020 TOTALING $5,259,720.88, IN THE AGGREGATE AMOUNT OF $6,976,901.86, DRAWN ON BANK OF AMERICA." D. RENEW AGREEMENT WITH DRUG ENFORCEMENT ADMINISTRATION TO PARTICIPATE IN TASK FORCE This item was excluded from the Consent Calendar. Please refer to Page 9 of these minutes for a summary of that action. E. AUTHORIZE AMENDMENT NO. 2 TO PURCHASE ORDER 19-0614 IN THE AMOUNT OF $76,150 TO INTERACTIVE DESIGN CORPORATION FOR THE DEMUTH COMMUNITY CENTER LIFE SAFETY IMPROVEMENTS, CITY PROJECT 19-14 MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to: 1. Approve Amendment No. 2 to Purchase Order 19-0614 in the amount of $76,150 to Interactive Design Corporation, a California corporation, for the Demuth Community Center Life Safety Improvements. 2. Authorize the City Manager to approve and execute amendments to the design contract up to a cumulative amount of $25,000 for the Demuth Community Center Life Safety Improvements, City Project No. 19-14. 3. Authorize City Manager to execute all necessary documents. F. TREASURER'S INVESTMENT REPORT AS OF JULY 31, 2020 MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to receive and file the Treasurer's Investment Report as of July 31, 2020. City of Palm Springs Page 6 City Council Minutes October 8, 2020 G. APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH DOKKEN ENGINEERING, A CALIFORNIA CORPORATION (A6597) IN THE AMOUNT OF $85,000 FOR THE EAST PALM CANYON DRIVE BRIDGE, CITY PROJECT NO. 12-04, FEDERAL-AID PROJECT NO. BRLS-5282 (041) MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to: 1. Approve Amendment No. 1 to a Professional Services Agreement with Dokken Engineering, a California corporation, (Agreement No. 6597) in the amount of$85,000 for an increased total contract amount of $1,267,540 for the East Palm Canyon Drive Bridge, City Project No. 12-04, Federal Aid Project No. BRLS-5282(042). A6597 2. Authorize the City Manager to execute all necessary documents. H. APPROVAL OF ADDITIONAL CHANGE ORDER AUTHORITY FOR THE DOWNTOWN PARK, CITY PROJECT NO. 15-07 MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to approve an increase of $240,000 in the City Manager's authority to approve and execute construction contract change orders related to the Downtown Park, City Project No. 15-07. I. APPROVE A CONTRACT SERVICES AGREEMENT TO ALPHA PETROLEUM TRANSPORT, INC., A TEXAS CORPORATION, FOR COLLECTION, TRANSPORTATION, AND THE DISPOSAL OF WASTE MATERIALS MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to: 1. Approve a Contract Services Agreement to Alpha Petroleum Transport, Inc., a Texas Corporation, for waste disposal services of an estimated annual cost of $45,000 with an initial term of three (3) years, with two (2) one (1) year extensions. A8610 2. Authorize the City Manager to execute all necessary documents. J. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CALIFORNIA, AMENDING CHAPTER 8.80 OF THE PALM SPRINGS MUNICIPAL CODE ENTITLED "VACANT BUILDINGS; BLIGHTED PROPERTIES" MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to adopt Ordinance No. 2032 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CALIFORNIA, AMENDING CHAPTER 8.80 OF THE PALM SPRINGS MUNICIPAL CODE ENTITLED "VACANT BUILDINGS; BLIGHTED PROPERTIES'." City of Palm Springs Page 7 City Council Minutes October 8, 2020 K. APPROVE REAL ESTATE SERVICES AGREEMENTS TO ANALYZE MARKET DEMAND OF CITY PROPERTIES This item was deleted from the agenda at the request of staff. L. ADOPTION OF A RESOLUTION DENYING AN APPEAL FILED BY SIMON CRE SUMMIT Ill, LLC, OF THE PLANNING COMMISSION ACTION TO DENY A CONDITIONAL USE PERMIT AND A MAJOR ARCHITECTURAL APPLICATION FOR THE CONSTRUCTION OF A 3,071-SQUARE FOOT CONVENIENCE STORE AND FUELING STATION LOCATED AT 2444 NORTH PALM CANYON DRIVE, ZONE C-1, SECTION 3 (CASE 5.1498 CUP & 3.4148 MAJ) MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24805 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING AN APPEAL FILED BY SIMON CRE SUMMIT Ill, LLC AND UPHOLDING THE PLANNING COMMISSION DENIAL FOR A CONDITIONAL USE PERMIT (CASE 5.1498 CUP) AND MAJOR ARCHITECTURAL APPLICATION (CASE 3.4148 MAJ) FOR THE CONSTRUCTION OF A 3,071-SQUARE FOOT CONVENIENCE STORE AND FUELING STATION LOCATED AT 2444 NORTH PALM CANYON DRIVE." M. ACCEPTANCE OF THE VISTA CHINO (STATE ROUTE 111) AT VIA MIRALESTE TRAFFIC SIGNAL INSTALLATION, CITY PROJECT NO. 17-03, AND NORTH PALM CANYON DRIVE (STATE ROUTE 111) AT VIA ESCUELA TRAFFIC SIGNAL INSTALLATION, CITY PROJECT NO.17-05 MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to: 1. Accept the public works improvement identified as Vista Chino (State Route 111) at Via Miraleste Traffic Signal Installation, City Project No. 17-03, and North Palm Canyon Drive (State Route 111) at Via Escuela Traffic Signal Installation, City Project No. 17-05, 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 Vista Chino (State Route 111) at Via Miraleste Traffic Signal Installation, City Project No. 17-03, and North Palm Canyon Drive (State Route 111) at Via Escuela Traffic Signal Installation, City Project No. 17-05. City of Palm Springs Page 8 City Council Minutes October 8, 2020 N. ACCEPTANCE OF THE PICKLEBALL AND TENNIS COURT RESURFACING, CITY PROJECT NO. 20-11 MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to: 1. Accept the resurfacing of eight tennis courts at Ruth Hardy Park and eight pickleball courts at Demuth Park identified as the Pickleball and Tennis Court Resurfacing, City Project No. 20-11, 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 Pickleball and Tennis Court Resurfacing, City Project No. 20-11. 0. AUTHORIZE A PURCHASE ORDER WITH KIMLEY-HORN AND ASSOCIATES INC., FOR TRAFFIC ENGINEERING SERVICES FOR THE CITYWIDE SPEED SURVEY, CITY PROJECT 19-17 MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to: 1. Authorize a Purchase Order to Kimley-Hom and Associates, Inc., pursuant to On-Call Agreement No. A8393, in an amount not to exceed $113,957 for traffic engineering services for the Citywide Speed Survey, City Project No. 19-17. A8393 2. Authorize the City Manager to execute all necessary documents. EXCLUDED CONSENT CALENDAR: D. RENEW AGREEMENT WITH DRUG ENFORCEMENT ADMINISTRATION TO PARTICIPATE IN TASK FORCE Police Chief Reyes reported this is a renewal of the Police Department's commitment to continue to support the DEA Task Force; noted the Task Force is supervised by the DEA, noting that it focuses on long-term investigations and high-volume drug-dealing. MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to: 1. Renew an agreement with the Drug Enforcement Administration through September 30, 2021. 2. Authorize the City Manager to execute all necessary documents. 2. PUBLIC HEARINGS: NONE. City of Palm Springs Page 9 City Council Minutes 3. LEGISLATIVE: October 8, 2020 A. URGENCY ORDINANCE ESTABLISHING LIMITATIONS ON THIRD-PARTY FOOD DELIVERY FEES City Attorney Ballinger presented the staff report and responded to City Council inquiries. Councilmember Gamer expressed gratitude to Daryl Terrell for presenting his proposal to limit fees charged by third-party food delivery companies. Following discussion, the City Council agreed that the ordinance should be modified to limit delivery fees to no more than 15%, any other combination of service-related fees to no more than 5%, all tips must go to the driver, and that an example of the authorized fees be included in the ordinance. MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to adopt Urgency Ordinance No. 2033 entitled, "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING LIMITATIONS ON THIRD-PARTY FOOD DELIVERY FEES," with direction to the City Attorney to modify the ordinance as agreed by the City Council. 4. UNFINISHED BUSINESS: A. APPROVAL OF CONCEPT DESIGN FOR AIRPORT TURF CONVERSION PROJECTS Director of Development Services Fagg narrated a PowerPoint presentation and responded to City Council inquiries. In response to City Council inquiries, Todd Holmes, Landscape Consultant, advised that the City Council is requested to approve the project in concept, noting that staff will work collaboratively with the Sustainability Commission on final plant selections. Councilmember Woods expressed concern that people may walk on the climate-adaptive turf and requested that staff evaluate the path of travel to ensure that people stay on the concrete sidewalks. MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: 1. Approve the Concept Designs for the Demonstration Garden so that the City can proceed to the construction documents phase. 2. Approve the Concept Designs and phasing plan for Future Turf Conversion projects at the airport, which will proceed to construction when additional funds are available. 3. Authorize City Manager to execute all necessary documents. City of Palm Springs Page 10 City Council Minutes 5. NEW BUSINESS: October 8, 2020 A. 2007 GENERAL PLAN LIMITED UPDATE -REVIEW PLANNING COMMISSION RECOMMENDED REVISIONS TO THE GENERAL PLAN VISION STATEMENT AND PRIORITIES Assistant Director of Planning Services Newell narrated a PowerPoint presentation and responded to City Council inquiries. The City Council spoke on the importance of soliciting additional public input on the General Plan update, noting that staff should outreach to Main Street Palm Springs, One-PS, and other community organizations. Mayor Kors recommended seeking input on celebrating diversity from the Human Rights Commission and seeking input from persons with disabilities and the tourism industry stakeholders. Mayor Pro Tern Holstege spoke on the need to solicit input from young adults and children; noted that the proposed recommendations highlight the importance of open space but does not fully address parks and recreational opportunities; suggested calling out the need for affordable and mid-range housing projects and additional childcare and family-oriented services; voiced support for the recommendations related to sustainability and encouraged everyone to consider the future of sustainable transportation. Councilmember Middleton expressed support for the recommendations related to sustainability and climate change; spoke on the need for new development projects to include the planting of shade trees; discussed the relation between housing density and the need for more affordable housing options, noting that seniors will need a variety of different housing options. Councilmember Garner spoke in support for the recommendations related to renewable energy and other green businesses; pointed out that renters and seniors needed to be considered relative to housing options; voiced support for developing small neighborhood parklets to encourage more walkable neighborhoods; agreed with the need to engage persons with disabilities to ensure that accessibility is addressed. Councilmember Woods recommended adding a priority addressing the importance of the urban form; opined that the Circulation Element needed to be reworked to promote pedestrian and bicycle movement, noting that the priority should not be the promotion of parking, but rather looking at how parking needs are met. The City Council took no formal action on this item. City of Palm Springs Page 11 City Council Minutes October 8, 2020 B. AW ARD A CONSTRUCTION CONTRACT TO JOHN BEAN TECHNOLOGIES CORPORATION, A DELAWARE CORPORATION, IN THE AMOUNT OF $7,042,945 FOR THE AIRPORT PASSENGER BOARDING BRIDGES, CITY PROJECT NO. 19-34 City Manager Ready requested that the City Council continue this matter due to the need to address a bid protest. The City Council took no formal action on this item. C. DIRECTION REGARDING THE INTERVIEW PROCESS FOR UPCOMING BOARD AND COMMISSION VACANCIES City Clerk Mejia presented the staff report. Mayor Pro Tern Holstege spoke on the need to ensure that the Boards and Commissions reflect the diversity of the community and represent all Districts. Councilmember Middleton spoke on the need to setup a rotation for each Councilmember to serve on the Interviewing Subcommittee and concentrating on current vacancies, extending the recruitment period, and deferring appointments to next year, where possible. The City Council agreed: 1) that Councilmember Garner and Mayor Pro Tern Holstege will continue to serve as the Interviewing Subcommittee for this round of vacancies and Councilmembers Middleton and Woods offered to serve as alternates on the Subcommittee if needed; 2) the Interviewing Subcommittee should screen applications for the Historic Site Preservation Board, Measure J Oversight Commission, and Planning Commission and forward 5-6 applicants for the full City Council interviews. D. AMENDMENT TO THE PALM SPRINGS INTERNATIONAL AIRPORT CONCESSION LEASE AGREEMENTS FOR P ARADIES SHOPS, LLC City Manager Ready presented the staff report and responded to City Council inquiries. The City Council expressed gratitude to staff for bring forward the concession lease agreement and requested that staff issue the next Request for Proposals at least one year before the expiration of current agreement. MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to: 1. Approve Amendment No. 5 to the Lease Agreement for Concessions at Palm Springs International Airport, Agreement No. A4159, with Paradies Shops, LLC, an Arizona limited liability company in a final form acceptable to the City Attorney. A4159 2. Authorize the City Manager to execute all necessary documents. City of Palm Springs Page 12 City Council Minutes October 8, 2020 PUBLIC COMMENT: The following individuals voiced support for the preservation of the Boulders and Crescendo properties as open space: Michael Fleming Nicki McLaughlin, representing the Friends of Palm Springs Mountains Brian Ray Ned Barker Janice Smith The following individuals spoke in opposition to the street closure on Palm Canyon Drive, asserting that it is negatively impacting retail businesses and their patrons, favors restaurants over other businesses, and is resulting in more loitering and trash: Larry Kramer Kristen Eldar Ken Shearn Michelle Gonzalez Robert Ross Brian Drain Jack Lugo, requested that the basketball hoops at Ruth Hardy park be reinstalled. Paul Marquez, spoke on a confrontation he experienced at VillageF est and urged that the City Council direct the Police Department to conduct bicycle patrols during the event. Richard Schafer, opined that lawn scalping should be banned due it impacts on respiratory health. Greyson Cowper, urged the City Council to reopen the stake park. Jaclyn Aviles, representing Think Together, advised that her organization helps students navigate virtual learning and afterschool programs and invited the City Council to their open house. CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT: Councilmember Garner requested that staff check the recreational equipment at City parks. ADJOURNMENT: The City Council adjourned at 8:55 p.m., in memory of Palm Springs Police Officers Jose "Gil" Vega and Lesley Zerebny. Respectfully submitted, Anthony J. Mejia, MMC City Clerk APPROVED BY CITY COUNCIL: / /2020 City of Palm Springs Page 13 Thursday, October 22, 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, October 22, 2020, at 5:30 p.m. PLEDGE OF ALLEGIANCE: Police Chief Reyes led the Pledge of Allegiance. ROLL CALL: Present: Absent: City Staff Present: Councilmembers Grace Elena Garner, Lisa Middleton, Dennis Woods; and Mayor Geoff Kors Mayor Pro Tern Holstege 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: • PROCLAMATION DECLARING OCTOBER AS LGBT HISTORY MONTH AND OCTOBER 11 AS COMING OUT DAY Mayor Kors presented a Proclamation declaring October 2020 as LGBT History Month and October 11, 2020, as Coming Out Day in the City of Palm Springs. • PROCLAMATION DECLARING OCTOBER AS FILIPINO AMERICAN HISTORY MONTH AND OCTOBER 25 AS LARRY ITLIONG DAY Councilmember Garner presented a Proclamation declaring October 2020 as Filipino American History Month and October 25, 2020, as Larry Itliong Day. City Council Minutes October 22, 2020 • COVID-19 CASE UPDATE City Manager Ready presented an update on COVID-19 cases in the Coachella Valley, noting that Riverside County will be placed in the most restrictive, purple tier. Mayor Kors discussed the importance of COVID-19 testing and urged residents to follow health and safety guidelines to help slow the spread of the virus. • ELECTION UPDATE City Clerk Mejia provided an update of the upcoming General Municipal Election on November 3, 2020. • COVID FRIENDLY HALLOWEEN EVENTS Director of Parks and Recreation Alvarado announced upcoming COVID-friendly Halloween events in the City of Palm Springs. • QUARTERLY FINANCIAL REVIEW City Manager Ready provided a financial review of the first quarter for Fiscal Year 2020-21. ACCEPTANCE OF THE AGENDA: MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 4-0, to accept the agenda with the removal of Consent Calendar Item No. IL for separate discussion and the deletion ofltem No. IN from the agenda. REPORT OF CLOSED SESSION: The Regular Closed Session of the City Council of October 8, 2020, was called to order by Mayor Kors at 3:00 p.m., with all members present (with Mayor Pro Tern Holstege absent). Brad Anderson, urged the City Council to be ethical when considering whether to initiate litigation and suggested that the City Council look for local candidates for the City Manager recruitment. 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): City of Palm Springs v. O&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 October 22, 2020 CONFERENCE WITH LEGAL COUNSEL -MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9( d)(2): Six (6) 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 four (4) matters the City Council has decided or may decide to initiate litigation. PUBLIC EMPLOYEE RECRUITMENT, Pursuant to Government Code Section 54957: Employee: City Manager (Recruitment) 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: City of Palm Springs Mizell Center, 480 S Sunrise Way, Palm Springs, CA 92262 City of Palm Springs David H. Ready, City Manager Wes Winter, Executive Director, Mizell Center 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 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 Page 3 City Council Minutes October 22, 2020 CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957.6: City Negotiator: Employee Organizations: David Ready, City Manager or Designee Perry Madison, Director of Human Resources Bryan Reyes, Chief of Police Peter Brown, Attorney 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: Brad Anderson, speaking on Items 1 J and 1 L, urged the City Council to look for local candidates to fill the upcoming City Manager vacancy and expressed opposition to Item 1 L. The following individuals spoke in support of Item SA and urged the City Council to approve the proposed cannabis dispensary located at 150 North Palm Canyon Drive: Willie Holland Deiter Crawford Ron Oden David Freedman, speaking on Item 1 L, voiced support for the proposed letter in support of changes to the power charge indifference adjustment and presented an update on Desert Community Energy activities. CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS: Sustainability Manager Tallarico presented an update on Southern California Edison's program to replace streetlights with energy efficient lighting at no cost to the City. Councilmember Middleton reported on her presentation at the League of California Cities on the contributions of the LGBTQ community in the City of Palm Springs; announced that she was elected to serve as Vice President of the Riverside County Division of the League of California Cities. City of Palm Springs Page4 City Council Minutes October 22, 2020 Councilmember Garner reported on her attendance at the League of California Cities business meeting and a recent Fire Department training exercise; spoke on recent discussions with the United Way and other organizations to help support the youth. Councilmember Woods commended residents for being engaged and voting in the upcoming election. Mayor Kors reported on the activities of the Palm Springs COVID-19 Reopening Task Force and Desert Community Energy; announced that the California Preservation Foundation awarded the Advocacy Award to the Palm Springs Preservation Foundation. The City Council expressed their congratulations to Mayor Pro Tern Holstege on the birth of her son. 1. CONSENT CALENDAR: MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 4-0, to approve the Consent Calendar, with the removal ofltem No. 1 L for separate discussion and the deletion ofltem No. IN from the agenda. A. APPROVAL OF MINUTES MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 4-0, to approve the City Council Meeting Minutes of September 10, 2020. B. ACCEPT A RESIGNATION FROM THE HUMAN RIGHTS COMMISSION MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 4-0, to accept with regret the resignation of Dr. Harold Ames from the Human Rights Commission. C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF SEPTEMBER 2020 MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 4-0, to receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of September 1, 2020, through September 30, 2020. D. TREASURER'S INVESTMENT REPORT AS OF SEPTEMBER 30, 2020 MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 4-0, to receive and file the Treasurer's Investment Report as of September 30, 2020. City of Palm Springs Page 5 City Council Minutes October 22, 2020 E. APPROVAL OF RIGHT OF WAY CONTRACTS -STATE HIGHWAY EASEMENTS FOR THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) ACROSS CITY OWNED REAL PROPERTIES IDENTIFIED BY ASSESSORS PARCEL NUMBERS 501-355-003 (24478-1) ALONG VISTA CHINO AND 677-540-029 (24498-1) ALONG GENE AUTRY TRAIL (SR 111), WITHIN THE CITY OF PALM SPRINGS (ENGINEERING FILER 20-01-24478 & 24498) MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 4-0, to: . 1. Approve Right-of-Way Contract -State Highway Easement, Document No. 24478-1 across City-owned real property identified by APN 501-355-003 along Vista Chino (SR 111), for a total compensation amount of $500. A8614 2. Approve Right-of-Way Contract -State Highway Easement, Document No. 24498-1 across City-owned real property identified by APN 677-540-029 located along Gene Autry Trail (SR 111), for a total compensation amount of $1,300. A8614 3. Authorize the City Manager to execute all necessary documents. F. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $79,345 WITH MICHAEL BAKER INTERNATIONAL FOR TRAFFIC ENGINEERING SERVICES FOR THE DEVELOPMENT OF A LOCAL ROAD SAFETY PLAN (LRSP), CITY PROJECT 20-21 MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 4-0, to: 1. Approve Professional Services Agreement with Michael Baker International, a Pennsylvania Corporation, in the amount of$79,345 for traffic engineering services for the development of a Local Road Safety Plan (LRSP), City Project No. 20-21. A8615 2. Authorize the City Manager to execute all necessary documents. G. ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE APPLICATION FOR STATEWIDE PARK DEVELOPMENT AND COMMUNITY REVITALIZATION PROGRAM GRANT FUNDS MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 4-0, to: 1. Adopt Resolution No. 24813 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE APPLICATION FOR STATEWIDE PARK DEVELOPMENT AND COMMUNITY REVITALIZATION PROGRAM GRANT FUNDS." 2. Authorize the City Manager to execute all necessary documents. City of Palm Springs Page6 City Council Minutes October 22, 2020 H. TREASURER'S INVESTMENT REPORT AS OF AUGUST 31, 2020 MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 4-0, to receive and file Treasurer's Investment Report as of August 31, 2020. I. APPROVAL OF A SEVEN-MONTH LEASE AGREEMENT FOR ONE AIRCRAFT RESCUE AND FIREFIGHTING VEHICLE FOR THE PALM SPRINGS INTERNATIONAL AIRPORT MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 4-0, to: 1. Approve the lease of one Aircraft Rescue and Firefighting truck from Firetrucks Unlimited of Henderson, Nevada from November 17, 2020, to June 21, 2021, for a cost of $4,500 per month, plus $1,900 return freight charges, totaling $33,400. A8616 2. Authorize the City Manager to execute all necessary documents. J. APPROVE AN AGREEMENT WITH ALLIANCE RESOURCE CONSULTING, LLC, TO PROVIDE AN EXECUTIVE RECRUITMENT SEARCH FOR CITY MANAGER MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 4-0, to: 1. Approve an Agreement with Alliance Resource Consulting, LLC, to provide an Executive Recruitment search for City Manager. A8617 2. Authorize the City Manager to execute any documents necessary to effectuate the above actions. K. ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING APPLICATION(S) FOR PROPOSITION 68 PER CAPITA GRANT FUNDS MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 4-0, to: 1. Approve the two following projects for the Proposition 68 Per Capita Grant: James 0. Jessie Desert Highland Unity Center Ball Park Project, and Swim Center Shade Structures. 2. Adopt Resolution No. 24809 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING ALL APPLICATION(S) FOR PROPOSITION 68 PER CAPITA GRANT FUNDS." 3. Authorize the City Manager to execute all documents. City of Palm Springs Page 7 City Council Minutes October 22, 2020 L. LETTER OF SUPPORT FOR CALIFORNIA COMMUNITY CHOICE ASSOCIATION'S REQUEST FOR CHANGES TO THE POWER CHARGE INDIFFERENCE ADJUSTMENT This item was excluded from the Consent Calendar. Please refer to Page 8 of these minutes for a summary of that action. M. APPROVAL OF PAYROLL WARRANTS, CLAIMS, AND DEMANDS MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 4-0, to adopt Resolution No. 24810 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 09-19-2020 TOTALING $1,679,490.65 AND ACCOUNTS PAYABLE WARRANTS DATED 09-17-2020 TOTALING $1,210,026.52, IN THE AGGREGATE AMOUNT OF $2,889,517.17, DRAWN ON BANK OF AMERICA." N. APPROVAL OF CONSULTING SERVICES AGREEMENTS WITH TETRA GROWTH SYSTEMS, LLC, DBA CANNA BUSINESS SERVICES FOR CANNABIS EQUITY ASSESSMENT This item was deleted from the agenda 0. APPROVE PUBLIC ARTS COMMISSION PHASE Ill DOWNTOWN BENCH ART PROGRAM MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 4-0, to approve the Phase Ill Downtown Bench Art Program in the amount of $30,000 from the Public Art Fund to paint 25 benches in the Downtown area. EXCLUDED CONSENT CALENDAR: L. LETTER OF SUPPORT FOR CALIFORNIA COMMUNITY CHOICE ASSOCIATION'S REQUEST FOR CHANGES TO THE POWER CHARGE INDIFFERENCE ADJUSTMENT Mayor Kors reported the City is working with Desert Community Energy and different public entities throughout the State advocating to the Public Utilities Commission to stabilize utility rates in a fair manner. MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 4-0, to authorize the City Council to sign onto a letter of support for California Community Choice Association (CalCCA) request for changes to the Power Charge Indifference Adjustment (PCIA). City of Palm Springs Page 8 City Council Minutes October 22, 2020 2. PUBLIC HEARINGS: A. REQUEST FOR COUNCILMEMBER REVIEW OF AN ACTION TAKEN BY THE PLANNING COMMISSION TO DENY A CONDITIONAL USE PERMIT APPLICATION BY JERRY G. JOHNSON ON BEHALF OF V.I.P. MOTOR CARS, LTD. TO UTILIZE A PORTION OF A THREE (3)-ACRE PARCEL FOR OFF-SITE VEHICLE STORAGE AT 4193 EAST MATTHEW DRIVE, ZONE R-2 (CASE 5.1506 CUP) Director of Development Services Fagg narrated a PowerPoint presentation and responded to City Council inquiries. Development Services Director Fagg reported the property owner has agreed to allow the applicant to use his property under a parking license agreement for vehicle storage. Mayor Kors opened the Public Hearing. Jerry Johnson, Applicant, summarized the proposed project, noting that subject auto dealerships have undergone renovations and desire to continue growing in Palm Springs; urged the City Council to approve the Conditional Use Permit. There being no others desiring to speak, Mayor Kors closed the Public Hearing. In response to City Council inquiry, Director Fagg advised that the City Engineer is working on safety improvements for the school bus stop, including the use of crosswalks; reported that a nearby development project will result in the installation of sidewalks around the property; noted that the City Council could add a Condition of Approval to restrict test driving or require the installation of traffic-calming measures on Matthew Drive. Councilmember Middleton spoke in support of adding crosswalks and traffic-calming measures on Matthew Drive; expressed gratitude to the Planning Commission for their deliberations, noting that she believe the proposal is a good use of the property and that car dealerships help diversify the local economy. In response to City Council inquiry, Mr. Johnson advised that there will be a low-volume of traffic between the dealerships and the off-site vehicle storage lot; expressed support for traffic-calming measures on Matthew Drive, but requested that it not be added as a Condition of Approval for his project. MOTION BY COUNCILMEMBER MIDDLETON SECOND BY COUNCILMEMBER WOODS, CARRIED 4-0, to adopt Resolution No. 24811 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING ON APPEAL FROM THE PLANNING COMMISSION A CONDITIONAL USE PERMIT (CUP) APPLICATION BY JERRY G. JOHNSON OF V.I.P. MOTOR CARS, LTD. TO UTILIZE A PORTION OF A THREE (3)-ACRE PARCEL FOR PHASE ONE (1)-ONL Y OFF-SITE VEHICLE STORAGE AT 4193 EAST MATTHEW DRIVE (CASE 5.1506 CUP)," with the addition of the following Conditions of Approval: (City Council action continued on the next page) City of Palm Springs Page 9 City Council Minutes October 22, 2020 1. The City Engineer shall study and implement as may be warranted any pedestrian safety improvements immediately adjacent to the subject site, including the following: a. Additional signage near the school bus stop on Matthew Drive, notifying drivers of the presence of school children. b. Crosswalks and accompanying signage at adjacent intersections where warranted. c. Other pedestrian enhancements as may be recommended by the City Engineer. 2. The City Council shall review this Conditional Use Permit at a noticed public hearing at 12 months from commencement of operations of the auto storage facility. B. A REQUEST FOR COUNCILMEMBER REVIEW OF AN ACTION TAKEN BY THE PLANNING COMMISSION TO DENY A REQUEST BY TOWER ENERGY GROUP FOR AN AMENDMENT TO THE COLLEGE PARK SPECIFIC PLAN TO CHANGE THE LAND USE DESIGNATION TO MIXED USE/MULTI USE AND CONDITIONAL USE PERMITS TO ALLOW THE CONSTRUCTION OF A 5,343-SQUARE FOOT GROCERY STORE AND ACCOMPANYING FUELING STATION LOCATED AT 3299 NORTH INDIAN CANYON DRIVE, ZONE C-1 (CASES 5.1511 CUP AND 5.1514 CUP) MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 4-0, to: 1. Continue the Public Hearing to the City Council Regular Meeting ofNovember 12, 2020. 2. Direct the City Clerk to post a Notice of Continuance pursuant to established procedures. 3. LEGISLATIVE: A. PROPOSED ORDINANCE ESTABLISHING A MANDATORY COMMERCIAL SOLID WASTE AND ORGANIC WASTE RECYCLING REQUIREMENT FOR CERTAIN BUSINESSES AND MULTIPLE-FAMILY RESIDENTIAL DWELLINGS Sustainability Manager Tallarico presented the staff report and responded to City Council mqumes. In response to City Council inquiries, Chris Cunningham, representing Palm Springs Disposal Services, spoke on the challenges associated with space constraints and the need to retrofit multi-family residential dwellings to handle organic waste, noting that they will work with staff to find alternative solutions where necessary. MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER WOODS, CARRIED 4-0, to introduce Ordinance No. 2034 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 6.04 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO MANDATORY COMMERCIAL SOLID WASTE AND ORGANIC WASTE RECYCLING." City Clerk Mejia read the ordinance by title. City of Palm Springs Page 10 City Council Minutes October 22, 2020 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: A. REQUEST BY WILLIE HOLLAND OF HOLLAND PHARMS, INC FOR ADMINISTRATIVE MINOR MODIFICATION (AMM) APPROVAL FOR RELIEF FROM THE FIVE HUNDRED (500)-FOOT MINIMUM SEPARATION DISTANCE REQUIREMENT BETWEEN CANNABIS DISPENSARIES AND CANNABIS LOUNGES FOR A PROPOSED DISPENSARY AT 150 NORTH PALM CANYON DRIVE, ZONE CBD, (CASE 7.1611 AMM) Development Services Director Fagg narrated a PowerPoint presentation and responded to City Council inquiries. Councilmembers Garner and Middleton spoke in support of the proposed cannabis lounge, pointing out that Mr. Holland is a participant in the City's Social Equity Program and has committed to hire locally. Mayor Kors suggested that staff work with the state to streamline their approval process. MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 4-0, to adopt Resolution No. 24812 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ADMINISTRATIVE MINOR MODIFICATION (AMM) WHICH GRANTS RELIEF FROM THE FIVE HUNDRED (500)-FOOT-MINIMUM SEPARATION DISTANCE REQUIREMENT BETWEEN CANNABIS DISPENSARIES AND CANNABIS LOUNGES FOR HOLLAND PHARMS LOCATED AT 150 NORTH PALM CANYON DRIVE (CASE 7.1611 AMM)." B. AWARD A CONSTRUCTION CONTRACT TO JOHN BEAN TECHNOLOGIES CORPORATION, A DELAWARE CORPORATION, IN THE AMOUNT OF $7,042,945 FOR THE AIRPORT PASSENGER BOARDING BRIDGES, CITY PROJECT NO. 19-34 Councilmember Garner announced her recusal due to a financial conflict related to her source of income and left the City Council meeting at 7:30 p.m. City Manager Ready presented the staff report and responded to City Council inquiries. MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 3-0 (COUNCILMEMBER GARNER RECUSED), to: 1. Uphold the City Manager's final determination to reject the appeal submitted by Thyssenkrupp Airport Systems, Inc., reject the bids submitted by American Steel Builders California, Inc, Thyssenkrupp Airport Systems, Inc., and AERO Bridgeworks, Inc. as non-responsive to the bid specifications, reject the bid protests submitted by AERO Bridgeworks, Inc. and Thyssenkrupp Airport Systems, Inc., and waive any irregularities in the apparent responsive and responsible low bid submitted by John Bean Technologies Corporation, a Delaware Corporation. City of Palm Springs Page 11 City Council Minutes October 22, 2020 2. Award a construction contract to John Bean Technologies Corporation, a Delaware Corporation, in the amount of$7,042,945 for Airport Passenger Boarding Bridges, City Project No. 19-34. A8618 3. Delegate authority to the City Manager to approve and execute construction contract change orders up to $176,055 with all change orders reported to the City Council. 4. Authorize the City Manager to execute all necessary documents. Councilmember Gamer returned to the City Council meeting at 7:33 p.m. C. APPROVE REFINANCING OF LEASE REVENUE BONDS, SERIES 2012 BAND AUTHORIZE ACCEPTANCE OF REFINANCING PROPOSAL FROM CAPITAL ONE PUBLIC FUNDING, LLC Assistant City Manager Fuller presented the staff report and responded to City Council mqumes. In response to City Council inquiry, Suzanne Harrell, City's Financial and Bond Consultant, explained three ways in which structuring the refinancing of the bonds were considered and summarized the potential savings under each method; reported that with the proposed financing the term of the bond would be reduced by one year and addressed costs associated with refinancing the bonds; defined lease bonds and the impact of credit ratings. MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER WOODS, CARRIED 4-0, to: 1. Authorize the City Manager to execute the Capital One Public Funding term sheet, accepting the interest rate and other terms and conditions of their offer to refinance the 2013 Lease. 2. Authorize the City Manager to direct financing consultants to prepare documents required for the refinancing of the 2012 Bonds and the 2013 Lease, and schedule action for the November 12, 2020, City Council meeting. PUBLIC COMMENT: None. City of Palm Springs Page 12 City Council Minutes October 22, 2020 CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT: Councilmember Garner requested that staff agendize discussion related to housing, rentals and review of the Boards and Commissions program, prior to the end of the calendar year. Councilmember Middleton requested that staff agendize discussion of the Palm Springs Promenade concept when it is feasible to do so. ADJOURNMENT: The City Council adjourned at 7:54 p.m. Respectfully submitted, Anthony J. Mejia, MMC City Clerk APPROVED BY CITY COUNCIL: / /2020 City of Palm Springs Page 13