HomeMy WebLinkAbout2021-05-27 CC MINUTESThursday, May 27, 2021
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 Holstege
on Thursday , May 27, 2021, at 5:30 p.m.
PLEDGE OF ALLEGIANCE:
Councilmember Woods led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Grace Elena Garner, Geoff Kors, Dennis Woods; Mayor Pro Tem
Lisa Middleton; and Mayor Christy Holstege
Absent: None.
City Staff
Present: Justin Clifton, 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:
• COVID-19 CASE UPDATE
Emergency Management Coordinator DeSelms presented an update on COVID-19 cases
in Palm Springs and Riverside County.
• COVID-19 WASTEWATER TREATMENT UPDATE
Assistant City Manager Fuller presented an update on wastewater COVID-19 testing.
ACCEPTANCE OF THE AGENDA:
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 5-0, to: 1) add Consent Calendar Item No. 1AA to the agenda due the
matter coming to the attention of the City subsequent to the posting of the agenda and there is a
need to take immediate action, and 2) remove Consent Calendar Item Nos. 1L, 1Z, and 1AA for
separate discussion.
City Council Minutes May 27, 2021
City of Palm Springs Page 2
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of May 27, 2021, was called to order by Mayor
Holstege 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)(1):
Russell Manning v. City of Palm Springs
Case No. PSC 1704634
Committee to Relocate Marilyn v. City of Palm Springs, et al.
Case No. CVRI2101435
CONFERENCE WITH LEGAL COUNSEL – MATTERS CREATING SIGNIFICANT
EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2):
One (1) 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.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code
Section 54956.8:
Property Description: APN Nos. 507-302-011, 677 -270-015, 677 -270-030
Agency: City of Palm Springs
City Negotiator: Joel Montalvo, MPA, PE, City Engineer
Negotiating Parties: Caltrans
Under Negotiation: Price and Terms – Right-of-Way Acquisition
Property Description: 225 El Cielo Road, Palm Springs, CA (aka “Boxing Club”
property)
Agency: City of Palm Springs
City Negotiator: Justin Clifton, City Manager or Designee
Negotiating Parties: Well in the Desert, CVAG, & Martha’s Kitchen
Under Negotiation: Price and Terms of Payment
City Council Minutes May 27, 2021
City of Palm Springs Page 3
CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957.6:
City Negotiator: Justin Clifton, City Manager or Designee
Jeremy Hammond, 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 on a 5-0 vote approved a conflict waiver
letter related to Best, Best & Krieger’s performance of legal services for the Independent Cities
Financing Authority and the City of Palm Springs; announced that the City Council received
briefings and provided direction to staff regarding the agendized Closed Session Items but did not
take any other reportable action.
PUBLIC TESTIMONY:
The following individuals spoke in support of Item No. 4A related to approval of a Community
Workforce Agreement:
• Jay Huggins
• Jimmy Elrod
• Omar Cobian
• Aron Valverde, UFCW Local 1157
• Bill Perez, Building and Construction Trade Council
The following individuals voice opposition to Item No. 4A related to approval of a Community
Workforce Agreement:
• Richard Markuson, Western Electrical Contractors Association
• Russell Johnson, Associated Builders and Contractors, Southern California Chapter
• Eric Christen, Coalition for Fair Employment
• Raul Guedea, Associated General Contractors Apprenticeship and Training
Megan Goehring, speaking on Item 1T, urged the City Council to support the fee waiver for the
Certified Farmers’ Market.
Simone Sandoval, speaking on Item 3A, urged the City Council not to move forward with lowering
the number of employees necessary to trigger a Labor Peace Agreement.
City Council Minutes May 27, 2021
City of Palm Springs Page 4
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS:
Mayor Pro Tem Middleton announced that the Sunline Transit Agency will launch a free ridership
program for students in the Coachella Valley; reported that the Riverside County Transportation
Commission (RCTC) will present an update on the San Gorgonio Pass Rail Corridor; requested
that staff examine a procedural change to ensure that Consent Calendar items pulled for separate
discussion are deferred to a future meeting rather than defeated.
Councilmember Garner congratulated the graduating class of 2021.
Councilmember Kors reported on his attendance at various regional meetings.
Councilmember Woods reported on the activities of the Coachella Valley Conservation
Commission and Mountains Conservancy.
Mayor Holstege reported on her attendance at the meetings of the Coachella Valley Association
of Governments Public Safety and Homelessness Committees; invited residents to attend her
upcoming District 4 Townhall meeting.
City Manager Clifton announced the reopening of City facilities; announced the retirement of
Police Chief Reyes and departure of Assistant City Manager Fuller as he accepted the position of
City Manager with the City of Rialto.
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER KORS,
CARRIED 5-0, to approve the consent calendar, with the removal of Item Nos. 1L, 1Z, and
1AA for separate discussion.
A. APPROVAL OF BOARD AND COMMISSION MEETING MINUTES
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to receive and file Board and Commission meeting minutes.
B. APPROVAL OF AN ASSIGNMENT AND ASSUMPTION OF SUBDIVISION
IMPROVEMENT AGREEMENT BY ALURE PALM SPRINGS, LLC FROM
AGAVE 28, LP AND THE CITY OF PALM SPRINGS FOR TRACT MAP NO. 33161
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve the assignment and assumption of Subdivision Improvement Agreement
(A6616) by and among Alure Palm Springs, LLC, a California Limited Liability
Company, and the City of Palm Springs. A6616
2. Authorize the City Manager to execute all necessary documents.
City Council Minutes May 27, 2021
City of Palm Springs Page 5
C. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE, AND
AUTHORIZATION TO BID THE 2021 PAVEMENT REHABILITATION, CITY
PROJECT NO. 21-01
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Allocate $6,000,000 in the FY 20-21 Measure J Fund using accumulated fund balance
for the 2021 Pavement Rehabilitation, City Project No. 21-01.
2. Approve the plans, specifications, and estimate; and authorize Staff to advertise and
solicit bids for the 2021 Pavement Rehabilitation, City Project No. 21-01.
D. AUTHORIZATION TO BID THE DEMOLITION OF BUILDINGS ON THE
PROPERTY LOCATED AT 1875 NORTH PALM CANYON DRIVE, CITY
PROJECT 21-03; THE “TOVA HOTEL” PROPERTY
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to authorize staff to advertise and solicit bids for the demolition of
the buildings on the property located at 1875 North Palm Canyon Drive (APN 504-310-
027), City Project 21-03; the “Tova Hotel” property.
E. APPROVAL OF RIGHT OF WAY CONTRACTS – STATE HIGHWAY
EASEMENT DEEDS 24494-1, 24494-2, AND 24494-3, WITH THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION (CALTRANS) ACROSS CITY-OWNED
REAL PROPERTIES IDENTIFIED BY ASSESSORS PARCEL NUMBERS 507-
302-011, 677-260-015 AND 677-270-030 (ENGINEERING FILE R 20-21-24494)
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve Right-of-Way Contract – State Highway Easement, Document No. 24494-1,
24494-2, and 24494-3 across City-owned real property identified by Assessor Parcel
Numbers (APN) 507-302-011, 677-260-015, and 677-270-030, for a total
compensation amount of $115,000. A8864
2. Authorize the City Manager to execute all necessary documents.
City Council Minutes May 27, 2021
City of Palm Springs Page 6
F. APPROVAL OF ALL-WAY STOP INTERSECTIONS AT MATTHEW DRIVE &
SOUTH LINDEN WAY, CHEROKEE WAY & SANTA MONICA
STREET/SEMINOLE ROAD, AND ASSOCIATED IMPROVEMENTS WITHIN
THE CITY OF PALM SPRINGS
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Adopt Resolution No. 24892 entitled, “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY
ENGINEER TO ESTABLISH AN ALL-WAY STOP CONTROLLED
INTERSECTION AT MATTHEW DRIVE & SOUTH LINDEN WAY AND
CHEROKEE WAY & SANTA MONICA STREET/SEMINOLE ROAD, IN
ACCORDANCE WITH SECTION 12.16.030 OF THE PALM SPRINGS
MUNICIPAL CODE.”
2. Authorize the City Manager to execute all necessary documents.
G. REPORT OF EMERGENCY REPAIR OF THE PALM SPRINGS AIRPORT
YORK CHILLER OIL PUMP
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to receive and file the report of emergency repair of the Palm
Springs Airport York Chiller oil pump.
H. APPROVE CONTRACT CHANGE ORDER NO. 1 TO THE AMERICAN
COOLING TOWER, INC. DESIGN-BUILD CONTRACT (A8650), FOR CITY
HALL AND POLICE DEPARTMENT COOLING TOWER REPLACEMENTS,
CITY PROJECT NO. 20-22
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve Contract Change Order No. 1 in the amount of $36,110 to the design-build
contract (Agreement No. 8650), with American Cooling Tower, Inc., for City Hall and
Police Department Cooling Tower Replacements, City Project No. 20-22. A8650
2. Authorize the City Manager to execute all necessary documents.
City Council Minutes May 27, 2021
City of Palm Springs Page 7
I. APPROVAL OF THE UPDATED ROSTER OF CITY COUNCIL COMMITTEES
AND REPRESENTATIVES TO EXTERNAL ORGANIZATIONS
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Appoint Councilmember Grace Garner to the Coachella Valley Association of
Governments Public Safety Committee.
2. Approve the revised Roster of City Council Committees and Representatives to
External Organizations.
3. Authorize the City Clerk to prepare and execute FPPC Form 806, Public Official
Appointments.
J. AMENDING SECTION 15 OF RESOLUTION 24776 TO CANCEL THE WORK
FURLOUGH PROGRAM SPECIFIC TO THE UNCLASSIFIED/EXEMPT
GROUP IMPLEMENTED FOR FISCAL YEAR 2020-2021
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Resolution No. 24901 entitled, “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
RESOLUTION NO. 24776 RELATIVE TO THE ONE-YEAR WORK FURLOUGH
PROGRAM APPLICABLE TO THE EXECUTIVE MANAGEMENT GROUP.”
K. APPROVE ADDENDUM NO. 2 TO THE THIRD AMENDMENT AND
RESTATEMENT OF THE JOINT POWERS AGREEMENT OF THE
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS ADMITTING
THE TWENTY-NINE PALMS BAND OF MISSION INDIANS AS A MEMBER OF
THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve Addendum No. 2 to the Third Amendment and Restatement of the CVAG
Joint Powers Agreement, which establishes the Twenty-Nine Palms Band of Mission
Indians as formal members. A0996
2. Authorize the Mayor and City Manager to execute all documents related to its
implementation.
L. SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING
CHAPTER 5.55 OF THE PALM SPRINGS MUNICIPAL CODE REGARDING
SECURITY MEASURES AT ADULT-USE CANNABIS BUSINESSES AND
ALLOWING SOME VISIBLE CANNABIS GOODS AND GRAPHICS
This item was excluded from the Consent Calendar. Please refer to Page 12 of these
minutes for a summary of that action.
City Council Minutes May 27, 2021
City of Palm Springs Page 8
M. RESOLUTION CALLING FOR THE BIDEN ADMINISTRATION TO PROVIDE
EMERGENCY MONEY TO ENSURE CRITICAL RELIEF TO AMERICAN
FAMILIES AND DEVELOP A FEDERAL GUARANTEED INCOME PROGRAM
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Resolution No. 24893 entitled, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING
FOR THE BIDEN ADMINISTRATION TO PROVIDE EMERGENCY MONEY TO
THE PEOPLE TO ENSURE CRITICAL RELIEF TO AMERICAN FAMILIES DURING
THE COVID-19 CRISIS AND UNTIL OUR ECONOMY RECOVERS, AND TO
DEVELOP A FEDERAL GUARANTEED INCOME PROGRAM TO PROVIDE AN
INCOME FLOOR FOR ALL AMERICANS.”
N. REQUEST BY JAMIE CHISICK, ON BEHALF OF OC COAST, INC., FOR A
MINOR ARCHITECTURAL APPLICATION TO ALTER THE EXTERIOR OF
AN EXISTING CANNABIS LOUNGE FACILITY, HIGHTEND, LOCATED AT
3395 NORTH INDIAN CANYON DRIVE, SUITE A, ZONE C-M, SECTION 34
(CASE NO. 3.1292 MAA)
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Resolution No. 24894 entitled, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A MINOR ARCHITECTURAL APPLICATION, CASE 3.1292 MAA, TO
ALTER THE EXTERIOR OF AN EXISTING CANNABIS LOUNGE FACILITY,
HIGHTEND, LOCATED AT 3395 NORTH INDIAN CANYON DRIVE, SUITE A.”
O. REQUEST BY STUDIO AR&D ARCHITECTS, ON BEHALF OF GREEN RO OM
PALM SPRINGS, LLC, FOR MINOR ARCHITECTURAL REVIEW TO ALTER
THE EXTERIOR OF AN EXISTING COMMERCIAL PROPERTY FOR A
PROPOSED CANNABIS DISPENSARY FACILITY, EMERALD & SAGE, AT
2155 NORTH PALM CANYON DRIVE (APN: 504-242-002 & 504-242-003), ZONE
C-1, SECTION 3 (CASE 3.3444 MAA)
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Resolution No. 24895 entitled, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CALIFORNIA
APPROVING A MINOR ARCHITECTURAL APPLICATION, CASE 3.3444 MAA, TO
ALTER THE EXTERIOR OF AN EXISTING COMMERCIAL PROPERTY FOR A
PROPOSED CANNABIS DISPENSARY FACILITY, EMERALD & SAGE, LOCATED
AT 2155 NORTH PALM CANYON DRIVE.”
City Council Minutes May 27, 2021
City of Palm Springs Page 9
P. APPROVAL OF A RESOLUTION DELEGATING AUTHORITY TO THE CITY
MANAGER OR DESIGNEE TO EXECUTE CALTRANS PROGRAM
SUPPLEMENT AGREEMENTS TO EXISTING CALTRANS MASTER
AGREEMENTS
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Resolution No. 24896 entitled “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE PROGRAM
SUPPLEMENT AGREEMENTS TO THE MASTER AGREEMENT, ADMINISTERING
AGENCY-STATE AGREEMENT FOR FEDERAL AID PROJECTS, AGREEMENT
NO. 05-5282F15, AS MAY BE AMENDED.”
Q. TREASURER’S INVESTMENT REPORT AS OF MARCH 31, 2021
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to receive and file Treasurer’s Investment Report as of
March 31, 2021.
R. ACCEPT A RESIGNATION FROM THE PLANNING COMMISSION AND
REAPPOINT MARIA SONG AND KATHY WEREMIUK TO THE PLANNING
COMMISSION
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Accept with regret the resignation of Paul Lewin from the Planning Commission.
2. Waive the requirements of Palm Springs Municipal Code 2.06.010(c) and reappoint
Maria Song and Kathy Weremiuk to the Planning Commission for terms ending
June 30, 2024.
S. APPROVAL OF A NOTICE TO PROCEED TO VEOLIA WATER WEST
OPERATING SERVICES, INC. IN THE AMOUNT OF $36,619 FOR THE
WASTEWATER TREATMENT PLANT FIBER OPTIC LINE, CITY PROJECT
NO 21-15
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Authorize the City Engineer to issue a Notice to Proceed to Veolia Water West
Operating Services, Inc., in an amount not to exceed $36,619 for the Wastewater
Treatment Plant Fiber Optic Line, City Project No. 21-15.
2. Authorize the City Manager to execute all necessary documents.
City Council Minutes May 27, 2021
City of Palm Springs Page 10
T. WAIVER OF FEES RELATED TO THE PALM SPRINGS CULTURAL CENTER
USE OF THE PALM SPRINGS PAVILION FOR THE SUMMER CERTIFIED
FARMERS’ MARKET
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to authorize the City Manager to waive permit fees in the amount
of $12,982 for the Palm Springs Cultural Center’s use of the Palm Springs Pavilion for the
Certified Farmers’ Market during the summer months.
U. ADOPT A RESOLUTION IDENTIFYING THE PROJECTS TO BE FUNDED BY
SENATE BILL 1 (SB 1), THE ROAD REPAIR AND ACCOUNTABILITY ACT OF
2017, FOR FISCAL YEAR 2021-22
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Resolution No. 24897 entitled, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
A LIST OF PROJECTS FOR FISCAL YEAR 2021-22 FUNDED BY SENATE BILL 1
(SB 1), THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017.”
V. APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH ST. FRANCIS
ELECTRIC, LLC, FOR ON-CALL TRAFFIC SIGNAL MAINTENANCE
SERVICES
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve an Agreement with St. Francis Electric, LLC, a California Limited Liability
Company, for on-call traffic signal maintenance services at an annual fixed cost of
$380,000 for routine maintenance, and all other emergency repairs reimbursed at a
time/materials cost basis, for an initial three (3) year term, subject to two (2) additional
one (1) year extensions. A8865
2. Authorize the City Manager to administratively approve individual Purchase Orders
pursuant to the Agreement for on-call traffic signal maintenance services in amounts
in excess of $25,000 sufficient to cover the costs of required services related to repairs
above and beyond routine traffic signal maintenance.
3. Authorize the City Manager to execute all necessary documents.
W. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE
PERIOD OF FEBRUARY 1 THROUGH APRIL 30, 2021
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to receive and file the report of Staff Authorized Agreements and
Purchase Orders for the period of February 1 through April 30, 2021.
City Council Minutes May 27, 2021
City of Palm Springs Page 11
X. APPROVE PROPOSED REFINANCE OF MOBILE HOME PARK REVENUE
BONDS BY THE INDEPENDENT CITIES FINANCE AUTHORITY (ICFA) NOT
TO EXCEED $12,500,000 AGGREGATE PRINCIPAL AMOUNT FOR THE
BENEFIT OF MILLENNIUM HOUSING LLC, A CALIFORNIA LIMITED
COMPANY FOR REFUNDING OF PRIOR BONDS, REPAYMENT OF THE
LOAN MADE BY THE FORMER COMMUNITY REDEVELOPMENT AGENCY
UNDER THE OWNER PARTICIPATION AGREEMENT, AND ONGOING
IMPROVEMENTS TO REHABILITATE AND MAINTAIN THE SAHARA
MOBILE HOME PARK, A 254-SPACE MOBILE HOME PARK LOCATED AT
1955 SOUTH CAMINO REAL --- APPROVE A NEW SAHARA MOBILE HOME
PARK BOND REGULATORY AGREEMENT AND DECLARATION OF
RESTRICTIVE COVENANTS CONSOLIDATING THE TERMS OF THE
CURRENT REGULATORY AGREEMENT AND OWNER PARTICIPATION
AGREEMENT; AND EXTENDING THE TERM OF AFFORDABILITY
COVENANTS BY NINETEEN (19) YEARS ---EXTINGUISH THE ORIGINAL
OWNER PARTICIPATION AGREEMENT (OPA) DATED JUNE 5, 2002, AND
AMENDMENT NO. 1 TO THE OPA DATED FEBRUARY 20, 2007, UPON
EXECUTION OF THE CONSOLIDATED BOND REGULATORY AGREEMENT
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve the issuance of bonds by the ICFA with respect to the Sahara Mobile Home
Park at 1955 South Camino Real.
2. Approve Sahara Mobile Home Park Bond Regulatory Agreement and Declaration of
Restrictive Covenants consolidating the terms of the current Regulatory Agreement and
Owner Participation Agreement and extending the term of affordability covenants by
nineteen (19) years. A8866
3. Extinguish the Owner Participation Agreement (OPA) dated June 5, 2002, and
Amendment No. 1 to the OPA dated February 20, 2007, upon execution of the
consolidated Bond Regulatory Agreement.
4. Authorize the City Manager or his designee to execute all documents related to the
Agreement.
City Council Minutes May 27, 2021
City of Palm Springs Page 12
Y. APPROVE AMENDMENT NO. 4 TO LEASE AGREEMENT NO. 1529 TO
CONSENT TO ASSUMPTION OF GROUND LEASE WITH PALM SPRINGS
SENIOR AFFORDABLE, L.P., BY PC PALM SPRINGS POINTE, L.P.
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve Amendment No. 4 to Lease Agreement No. 1529 to allow an assumption of
the Lease by PC Palm Springs Pointe, L.P., a Delaware limited partnership. A1529
2. Authorize the City Manager, or his designee, to execute the Amendment, including
making minor, non-substantive changes, and to sign all documents necessary.
Z. APPROVAL OF PUBLIC ARTS COMMISSION COMMUNITY GRANT
PROJECTS
This item was excluded from the Consent Calendar. Please refer to Page 13 of these
minutes for a summary of that action.
AA. ADDED STARTER: LETTER OF SUPPORT FOR ASSEMBLY BILL 339, LOCAL
GOVERNMENT: OPEN AND PUBLIC MEETINGS
This item was excluded from the Consent Calendar. Please refer to Page 13 of these
minutes for a summary of that action.
EXCLUDED CONSENT CALENDAR:
L. SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING
CHAPTER 5.55 OF THE PALM SPRINGS MUNICIPAL CODE REGARDING
SECURITY MEASURES AT ADULT-USE CANNABIS BUSINESSES AND
ALLOWING SOME VISIBLE CANNABIS GOODS AND GRAPHICS
The City Council requested that staff develop an easy to understand handout for the public
related to the new regulations.
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to adopt Ordinance No. 2046 entitled, "AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING CHAPTER 5.55 OF THE PALM SPRINGS MUNICIPAL CODE
REGARDING SECURITY MEASURES AT ADULT-USE CANNABIS BUSINESSES
AND ALLOWING SOME VISIBLE CANNABIS GOODS AND GRAPHICS."
City Council Minutes May 27, 2021
City of Palm Springs Page 13
Z. APPROVAL OF PUBLIC ARTS COMMISSION COMMUNITY GRANT
PROJECTS
Councilmember Woods voiced concern that the temporary art window treatments may
violate the City’s sign regulations; requested that the Utility Box Art QR code information
be posted on the City’s website.
In response to City Council inquiry, City Attorney Ballinger advised that the temporary art
window treatments could be construed to be a gift of public funds and he will need to
further investigate.
Councilmember Garner and Mayor Holstege spoke on the need for the City Council to set
clear objectives, responsibilities, and expectations for the Public Arts Commission.
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to approve Public Arts Commission grant projects at an estimated
cost of $5,000 from the Public Arts Fund, for the following projects:
• Tuskegee Airmen Tribute
• Garden Dome at Demuth Park
• Utility Box QR Code Stickers
• Utility Box Painting Project at James O. Jessie Unity Center
AA. ADDED STARTER: LETTER OF SUPPORT FOR ASSEMBLY BILL 339, LOCAL
GOVERNMENT: OPEN AND PUBLIC MEETINGS
Mayor Pro Tem Middleton opined that the City Council should defer acting on AB 339,
noting that the League of California Cities or the Association of County Supervisors have
yet to take a position on the legislation.
MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to take no action.
2. PUBLIC HEARINGS:
A. DELINQUENT WASTE DISPOSAL CHARGES
Sustainability Manager Tallarico presented the staff report and responded to City Council
inquiries.
Mayor Holstege opened and closed the Public Hearing, seeing no one desiring to speak.
Following discussion, MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR
PRO TEM MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24898 entitled, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, DETERMINING CERTAIN WASTE DISPOSAL ACCOUNTS TO BE
DELINQUENT AND DIRECTING THE PLACEMENT OF THESE ACCOUNTS ON
THE COUNTY PROPERTY TAX ROLLS FOR COLLECTION.”
City Council Minutes May 27, 2021
City of Palm Springs Page 14
B. AMENDMENT TO THE DESERT PALISADES SPECIFIC PLAN TO REVISE
THE ARCHITECTURAL REVIEW PROCESS (CASE 5.1532 ZTA)
Development Services Director Fagg presented the staff report.
Mayor Holstege opened and closed the Public Hearing, seeing no one desiring to speak.
MOTION BY COUNCILMEMBER WOODS SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Resolution No. 24891 entitled, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING AND ADOPTING AN AMENDMENT TO THE DESERT PALISADES
SPECIFIC PLAN RELATIVE TO THE ARCHITECTURAL REVIEW PROCESS.”
C. ADOPTION OF A RESOLUTION MODIFYING USER FEES AND
REGULATORY FEES FOR VARIOUS PROGRAMS, APPLICATIONS, AND
SERVICES, AND AMENDING THE COMPREHENSIVE FEE SCHEDULE FOR
FISCAL YEAR 2021-2022
Development Services Director Fagg and Special Program Compliance Director Goedhart
narrated a PowerPoint presentation and responded to City Council inquiries.
In response to City Council inquiry, Assistant City Manager Fuller and City Engineer
Montalvo explained the process and fees to extend sewer lines into neighborhoods still on
septic; noted that individuals on fixed income could pay such fees upon transfer of title.
Mayor Holstege opened the Public Hearing.
Rick Pantele, voiced opposition to the fee increases for cannabis-related businesses;
suggested that the City Council increase penalties for the illegal cannabis market.
Simone Sandoval, expressed opposition to the fee increases for cannabis-related
businesses; opined that Measure D should generate enough funding to support the
operations of the Department of Special Program Compliance; questioned the number of
odor complaints over the past year, asserting that many may be frivolous.
Joy Brown Meredith, urged the City Council not to increase fees for cannabis-related
businesses; pointed out that cannabis-related businesses already pay 10% local sales tax.
There being no others desiring to speak, Mayor Holstege closed the Public Hearing.
In response to City Council inquiry, Assistant City Manager Fuller explained that the
cannabis-related fee increases are related to increasing proactive enforcement, site
inspections, verification of proper labeling, and other regulations; opined that additional
code enforcement officers are necessary otherwise existing staff may need to be pulled
from other duties; stated that the proposed fees are comparable to other cities with a robust
cannabis program.
City Council Minutes May 27, 2021
City of Palm Springs Page 15
The City Council agreed that the cannabis fee increases should be phased in equally over
three years.
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24899 entitled, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING MODIFIED USER FEES RELATED TO THE
DEVELOPMENT SERVICES, ANIMAL CONTROL, AND SPECIAL PROGRAM
COMPLIANCE DEPARTMENTS AND AMENDING THE COMPREHENSIVE FEE
SCHEDULE FOR FISCAL YEAR 2021-22," with direction to phase in cannabis fees,
equally, over three years.
D. CONDUCT A PUBLIC HEARING UNDER THE TAX AND EQUITY FISCAL
RESPONSIBILITY ACT FOR THE PROPOSED ISSUANCE OF REVENUE
BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY IN AN
AMOUNT NOT TO EXCEED $20,000,000, TO ASSIST IN THE ACQUISITION,
DEVELOPMENT, CONSTRUCTION AND EQUIPPING OF A 60-UNIT
MULTIFAMILY RENTAL HOUSING FACILITY FOR LOW-INCOME
HOUSEHOLDS, TO BE LOCATED AT 3130 N. INDIAN CANYON DRIVE IN THE
CITY OF PALM SPRINGS, CALIFORNIA
MOTION BY MAYOR HOLSTEGE, SECOND BY COUNCILMEMBER KORS,
CARRIED 5-0, to continue the Public Hearing to the City Council meeting of
June 10, 2021.
E. VACATION OF THE NORTHERLY 14 FEET OF PUBLIC RIGHT-OF-WAY FOR
SUNNY DUNES ROAD LOCATED AT THE NORTHWEST CORNER OF SUNNY
DUNES ROAD AND THORNHILL ROAD, IN SECTION 23, TOWNSHIP 4,
RANGE 4 EAST; ENGINEERING FILE R 21-03-0695
City Engineer Montalvo presented the staff report.
Mayor Holstege opened and closed the Public Hearing, seeing no one desiring to speak.
MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to adopt Resolution No. 24900 entitled, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A VACATION AND ABANDONING ALL OF ITS RIGHT, TITLE AND
INTEREST IN A PORTION OF THE NORTH HALF OF PUBLIC RIGHT-OF-WAY
FOR SUNNY DUNES ROAD (44 FT. HALF-STREET WIDTH) LOCATED BETWEEN
THORNHILL ROAD AND HERMOSA DRIVE IN SECTION 23, TOWNSHIP 4,
RANGE 4 EAST ENGINEERING FILE R 21-03-0695, AND APPROVING A
DETERMINATION THAT THE ACTION IS CATEGORICALLY EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).”
MEETING RECESS
The City Council recessed at 8:05 p.m. and reconvened at 8:18 p.m. with all members present.
City Council Minutes May 27, 2021
City of Palm Springs Page 16
3. LEGISLATIVE:
A. CONSIDERATION OF ADOPTION OF ORDINANCE REQUIRING LABOR
PEACE AGREEMENTS
City Attorney Ballinger presented the staff report and responded to City Council inquiries.
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR HOLSTEGE,
CARRIED 5-0, to introduce Ordinance No. 2048 entitled, “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING PALM
SPRINGS MUNICIPAL CODE SECTION 5.55.115 TO REQUIRE CANNABIS
BUSINESSES TO ENTER INTO LABOR PEACE AGREEMENTS AS A CONDITION OF
CANNABIS BUSINESS LICENSURE, TRANSFER OR RENEWAL.”
B. FIRST READING AND INTRODUCTION OF AN ORDINANCE AMENDING
SECTION 3.16.016(B) OF THE PALM SPRINGS MUNICIPAL CODE TO ALLOW
FOR THE ELECTRONIC SERVICE OF GOVERNMENT CLAIMS AND
NOTICES
City Clerk Mejia presented the staff report.
MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to introduce Ordinance No. 2047 entitled, "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 3.16.016(B) OF THE PALM SPRINGS MUNICIPAL CODE TO
ALLOW FOR THE ELECTRONIC SERVICE OF GOVERNMENT CLAIMS AND
NOTICES."
4. UNFINISHED BUSINESS:
A. DISCUSSION AND POSSIBLE APPROVAL OF A COMMUNITY WORKFORCE
AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND SAN
BERNARDINO/RIVERSIDE COUNTIES BUILDING AND CONSTRUCTION
TRADES COUNCIL, AFL-CIO AND THE SIGNATORY CRAFT COUNCILS AND
UNIONS
City Attorney Ballinger presented the staff report and responded to City Council inquiries.
Councilmember Kors requested an annual update on the number of Palm Springs residents
benefitting from the Community Workforce Agreement.
Councilmember Garner requested that the Unions conduct additional outreach events each
year and that they track the number of Palm Springs residents, and their demographics,
benefitting from the agreement.
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR HOLSTEGE,
CARRIED 5-0, to approve a Community Workforce Agreement by and between the City
of Palm Springs and the San Bernardino/Riverside Counties Building and Construction
City Council Minutes May 27, 2021
City of Palm Springs Page 17
Trades Council, AFL-CIO and the Signatory Craft Councils and Unions, including five
deal points that remain at issue, as identified in the staff report. A8867
B. OVERVIEW OF THE DRAFT FISCAL YEAR 2021-2022 COMPREHENSIVE
BUDGET AND 5-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL
YEARS 2022-2026
Assistant City Manager Fuller narrated a PowerPoint presentation.
The City Council discussed and agreed to: 1) allocating funding for economic development
purposes but to postpone designating specific funding for the Coachella Valley Economic
Partnership (CVEP) and Innovation Hub (iHub) until the City Council can thoroughly
discuss the benefits of the partnership; 2) schedule a joint meeting with the Measure J
Oversight Commission to discuss the proposed list of Measure J funded projects.
In response to City Council inquiry, Mr. Fuller recommended Century Golf present an
update to the City Council on the marketing and management of the City’s Golf Course.
The City Council requested that a plan be developed to cover the operational costs through
revenues generated by the golf course.
The City Council took no formal action on the Item.
5. NEW BUSINESS:
A. PROPOSAL TO SCHEDULE A RETURN OF THE PALM SPRINGS
VILLAGEFEST EVENT ON JULY 1, 2021
Parks and Recreation Director Crawford and Special Events Manager Waits presented the
staff report and responded to City Council inquiries.
The City Council discussed and directed staff to: 1) place signage informing attendees that
businesses on Arenas are open; 2) take appropriate safety measures for public health and
safety; 3) ensure that local vendors are giving preference prior to inviting out of the area
vendors back to VillageFest.
MOTION BY MAYOR HOLSTEGE, SECOND BY MAYOR PRO TEM MIDDLETON,
CARRIED 5-0, to authorize the return of the Palm Springs VillageFest event to be
scheduled for July 1, 2021, contingent on the State’s planned reopening of California on
June 15, 2021.
PUBLIC COMMENT:
Paulina Angel, spoke about the programs and services offered by the Unity Hope Project.
Raghda Zacharia, expressed support for the City Council’s decision to approve the Community
Workforce Agreement; spoke on the need for community unification.
City Council Minutes May 27, 2021
City of Palm Springs Page 18
The following individuals voiced opposition to the Forever Marilyn statue being placed on
Museum Way:
• Mark David
• Liz Armstrong
• Kitty Mahon
• Michael Wollaeger
• Kim Zakowski
• George Smart
• Margo Lea
• Trina Turk
• Jonathan Horowitz
The following individuals expressed support for the placement of the Forever Marilyn statue on
Museum Way:
• Kathy Weremiuk
• Harold Matzner
• Michael Braun
• Bruce Hoban
• Jeffrey Bernstein
• Tamara Stevens
• Gabe Toronto
• Aftab Dada
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT:
None.
ADJOURNMENT:
The City Council adjourned at 11:25 p.m. in memory of Phil Strout and Ric Supple.
Respectfully submitted,
Anthony J. Mejia, MMC
City Clerk
APPROVED BY CITY COUNCIL: 09/09/2021