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HomeMy WebLinkAbout2021-06-10 CC MINUTESThursday, June 10, 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 , June 10, 2021, at 5:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Middleton 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: • PROCLAMATION TO MARCUS FULLER, ASSISTANT CITY MANAGER • COVID-19 CASE UPDATE • PRESENTATION ON NEW AIRLINE ROUTES AT PALM SPRINGS INTERNATIONAL AIRPORT • FOREVER MARILYN UNVEILING ON JUNE 20, 2021 • PRESENTATION BY RIVERSIDE COUNTY TRANSPORTATION COMMISSION ON THE COACHELLA VALLEY/SAN GORGONIO PASS RAIL CORRIDOR SERVICE MEETING RECESS: The City Council recessed at 6:03 p.m. and returned at 6:08 p.m., with all members present. City Council Minutes June 10, 2021 City of Palm Springs Page 2 ACCEPTANCE OF THE AGENDA: MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to accept the agenda as presented. REPORT OF CLOSED SESSION: The Regular Closed Session of the City Council of June 10, 2021, was called to order by Mayor Holstege at 3:30 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) matter that, under the existing circumstances, the City Attorney believes create significant exposure to litigation – Letter from Rod Pacheco, Pacheco & Neach, dated May 17, 2021, regarding the Frank Bogert statue. 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 City Council Minutes June 10, 2021 City of Palm Springs Page 3 Property Description: 225 El Cielo Road, Palm Springs, CA (aka “Boxing Club” property) Agency: City of Palm Springs City Negotiator: Justin Clifton, City Manager Negotiating Parties: Well in the Desert, CVAG, & Martha’s Kitchen Under Negotiation: Price and Terms of Payment 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 received briefings and provided direction to staff regarding the agendized Closed Session Items but did not take any reportable action. PUBLIC TESTIMONY: David Murphy, speaking on Item No. 4A, spoke on strategies to address homelessness. Jeremy Taylor, speaking on Item No. 5A, voiced support for the removal of parklets. Matt Robinson, speaking on Item No. 5A, expressed support for the removal of parklets. David Toner, speaking on Item No. 4A, recommended that Martha’s Village and Kitchen serve as the primary operator of the facility. Virginia Giokaris, speaking on Item No. 4A, recommended that Martha’s Village and Kitchen serve as the primary operator of the facility. Bonnie Reiss, speaking on Item No. 5A, provided suggestions for the continued operation of parklets. Jerry Keller, speaking on Item No. 5A, urged the City Council to allow the continued use of parklets. City Council Minutes June 10, 2021 City of Palm Springs Page 4 CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS: Councilmember Kors reported on the activities of the Business Retention/Economic Development Standing Subcommittee. Mayor Holstege requested a presentation about the successful use of the Convention Center for COVID-19 vaccinations and testing. City Manager Clifton reported on upcoming community events. 1. CONSENT CALENDAR: MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to approve the Consent Calendar. A. SECOND READING AND ADOPTION 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 MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to adopt 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." B. SECOND READING AND ADOPTION OF AN ORDINANCE REQUIRING LABOR PEACE AGREEMENTS MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to adopt 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." C. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID THE BOGERT TRAIL SEWAGE LIFT STATION, CITY PROJECT NO. 18-18 MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to approve the plans, specifications, and estimate; and authorize Staff to advertise and solicit bids for the Bogert Trail Sewage Lift Station, City Project 18-18 (“Project”). City Council Minutes June 10, 2021 City of Palm Springs Page 5 D. RESCISSION OF THE HISTORIC DESIGNATION FOR THE CROCKER– CITIZENS BANK BUILDING LOCATED AT 1711 EAST PALM CANYON DRIVE (APN #510-020-001), CASE HSPB #109 MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: 1. Adopt Resolution No. 24903 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RESCINDING THE HISTORIC DESIGNATION OF THE CROCKER–CITIZENS BANK BUILDING LOCATED AT 1711 EAST PALM CANYON DRIVE (APN 510-020-001).” 2. Direct the City Clerk to submit the Council resolution to the County Recorder within 90 days of the effective date of the Council’s resolution. E. APPROVAL OF AMENDMENT NO. 6 TO LEASE AGREEMENT (A3613) WITH PALM SPRINGS AIR MUSEUM FOR HANGAR RENTAL MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: 1. Approve a short-term lease extension for the Palm Springs Air Museum for a 10,000 square foot hangar to store aircraft for a period commencing May 1, 2021, through October 30, 2021, at a rent of $2,500 per month. A3613 2. Authorize the City Manager to approve up to one additional six-month extension commencing November 1, 2021, if requested by the Palm Springs Air Museum. 3. Authorize the City Manager to execute all necessary documents. F. APPOINTMENT OF THOMAS WEIL, REPRESENTING THE CITY OF RANCHO MIRAGE, TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to approve the nomination of Thomas Weil, representing the City of Rancho Mirage, on the Palm Springs International Airport Commission effective July 1, 2021, through June 30, 2024. City Council Minutes June 10, 2021 City of Palm Springs Page 6 G. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to adopt Resolution No. 24904 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 5-15-21 TOTALING $1,623,071.72 AND ACCOUNTS PAYABLE WARRANTS DATED 5-13-21 TOTALING $3,151,455.62, IN THE AGGREGATE AMOUNT OF $4,774,527.34, DRAWN ON BANK OF AMERICA." H. ADOPTION OF AN AMENDED COOPERATIVE FIRE PROTECTION AGREEMENT AND OPERATING PLAN BETWEEN THE PALM SPRINGS FIRE DEPARTMENT AND THE UNITED STATES BUREAU OF LAND MANAGEMENT MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: 1. Approve the Cooperative Fire Protection Agreement and Operating Plan between the City of Palm Springs Fire Department and the United States Department of the Interior, Bureau of Land Management. A5512 2. Authorize the City Manager to execute all necessary documents. I. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID THE 2021 SEWER COLLECTION SYSTEM REPAIRS PROJECT, CITY PROJECT NO. 21-18 MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to approve the plans, specifications, and estimate; and authorize Staff to advertise and solicit bids for the 2021 Sewer Collection System Repairs Project, City Project 21-18. J. APPROVAL OF FOUR (4) PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICES AGREEMENTS WITH COMMUNITY WORKS DESIGN GROUP, LLC, DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC., HERMANN DESIGN GROUP, INC., AND MIG, INC., FOR ON-CALL LANDSCAPE ARCHITECTURE DESIGN SERVICES MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: 1. Approve an Agreement with Community Works Design Group, LLC, a California Corporation, for on-call architectural design services for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager. A8868 (City Council action continued on the next page) City Council Minutes June 10, 2021 City of Palm Springs Page 7 2. Approve an Agreement with David Volz Design Landscape Architects, Inc., a California Corporation, for on-call architectural design services for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager. A8869 3. Approve an Agreement with Hermann Design Group, Inc., a California Corporation, for on-call architectural design services for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager. A8870 4. Approve an Agreement with MIG, Inc., a California Corporation, for on-call architectural design services for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager. A8871 5. Authorize the issuance of Purchase Orders pursuant to the on-call agreements for landscape architectural design services in amounts sufficient to cover the costs of required services related to the budgeted capital improvement projects, with funds received from federal, state, regional and local funding sources. 6. Authorize the City Manager to execute all necessary documents. K. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC., FOR ON- CALL ENGINEERING PLAN CHECK SERVICES MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: 1. Approve an Agreement with Engineering Resources of Southern California, Inc., a California corporation, for “on-call” engineering plan check services for an initial three (3) year term, subject to two (2) additional one (1) year extensions. A8872 2. Authorize the issuance of Purchase Orders in amounts sufficient to cover the cost of required services pursuant to the Agreement on a “pass-through” basis, with plan check fees collected by the City from a developer received as payment for requested plan check services. 3. Authorize the City Manager to execute all necessary documents. City Council Minutes June 10, 2021 City of Palm Springs Page 8 L. APPROVAL OF SIX (6) PROFESSIONAL SERVICES AGREEMENTS WITH ARCHITECTURAL RESOURCES GROUP, M. ARTHUR GENSLER JR. & ASSOCIATES, INC., HOLT ARCHITECTS, INC., INTERACTIVE DESIGN CORPORATION, URRUTIA MARKS ACHITECTS, AND WESTGROUP DESIGNS FOR ON-CALL ARCHITECTURAL DESIGN SERVICES MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: 1. Approve an agreement with Architectural Resources Group, a California Corporation, for on-call architectural design services for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager. A8873 2. Approve an agreement with M. Arthur Gensler Jr. & Associates, Inc., a California Corporation, for on-call architectural design services for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager. A8874 3. Approve an agreement with Holt Architects, Inc., a California Corporation doing business as Holt Architecture, for on-call architectural design services for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager. A8875 4. Approve an agreement with Interactive Design Corporation, a California Corporation, for on-call architectural design services for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager. A8876 5. Approve an agreement with Marks Architects, Inc., a California Corporation doing business locally as Urrutia Marks Architects, for on-call architectural design services for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager. A8877 6. Approve an agreement with Westgroup Designs, Inc., a California Corporation, for on- call architectural design services for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager. A8878 7. Authorize the issuance of Purchase Orders pursuant to the on-call agreements for architectural design services in amounts sufficient to cover the costs of required services related to the budgeted capital improvement projects, with funds received from federal, state, regional, and local funding sources. 8. Authorize the City Manager to execute all necessary documents. City Council Minutes June 10, 2021 City of Palm Springs Page 9 M. SUMMARY VACATION OF A PUBLIC UTILITY EASEMENT FOR VACATED CALLE SANTA ROSA (43 FT. FULL WIDTH) LOCATED BETWEEN CALLE ENCILIA AND CALLE EL SEGUNDO, SOUTH OF ALEJO ROAD IN SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST; ENGINEERING FILE R 21-04-0495 MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to adopt Resolution No. 24905 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A SUMMARY VACATION AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN A PUBLIC UTILITY EASEMENT FOR VACATED CALLE SANTA ROSA (43 FT. FULL WIDTH) LOCATED BETWEEN CALLE ENCILIA AND CALLE EL SEGUNDO, SOUTH OF ALEJO ROAD IN SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST; ENGINEERING FILE R 21-04-0495, AND APPROVING A DETERMINATION THAT THE ACTION IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).” N. APPROVAL OF A SERVICE AGREEMENT BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF PALM SPRINGS FOR THE DILLON ROAD SLURRY SEAL IMPROVEMENTS MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: 1. Approve the Service Agreement between the County of Riverside and the City of Palm Springs for the City to pay 100% of the costs to complete construction on the Dillon Road Slurry Seal Improvement Project, for the work within the City of Palm Springs City limits. A8879 2. Authorize a deposit of $149,528 to be paid to the County of Riverside prior to construction, pursuant to the Agreement. 3. Authorize the City Manager to execute all necessary documents. O. RESOLUTION OF INTENTION TO LEVY ASSESSMENTS FUNDING THE PALM SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT AND SETTING A TIME AND PLACE FOR THE PUBLIC HEARING MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to adopt Resolution No. 24902 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO LEVY ASSESSMENTS FUNDING THE PALM SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT, AND SETTING JUNE 24, 2021, FOR THE PUBLIC HEARING.” City Council Minutes June 10, 2021 City of Palm Springs Page 10 P. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO RELEASE SUBDIVISION IMPROVEMENT SECURITIES FOR THE “ESCENA DEVELOPMENT – PALM SPRINGS CLASSIC, LLC, A DELAWARE LIMITED LIABILITY COMPANY”, TRACT MAP 32233-2 MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to adopt Resolution No. 24906 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING ACCEPTANCE OF THE SUBDIVISION IMPROVEMENTS ASSOCIATED WITH TRACT MAP 32233-2 AND AUTHORIZING RELEASE OF SECURITIES REQUIRED BY THE SUBDIVISION IMPROVEMENT AGREEMENT WITH PALM SPRINGS CLASSIC, LLC, A DELAWARE LIMITED LIABILITY COMPANY, (A5087), FOR PROPERTY LOCATED EAST OF GENE AUTRY TRAIL AND SOUTH OF VISTA CHINO, IN SECTION 7, TOWNSHIP 4 SOUTH, RANGE 5 EAST.” Q. ACCEPTANCE OF TWO FEDERAL AVIATION ADMINISTRATION CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL APPROPRIATION ACT (CRRSAA) GRANTS IN THE TOTAL AMOUNT OF $5,064,306 MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: 1. Authorize the City Manager to approve acceptance of a Federal CRRSAA grant in the amount of $4,783,916 for the Palm Springs International Airport. 2. Authorize the City Manager to approve acceptance of a Federal CRRSAA grant in the amount of $280,390 for the Palm Springs International Airport. 3. Authorize the City Manager to execute all necessary documents. R. APPROVE THE PURCHASE OF LEXIPOL'S FULL POLICY IMPLEMENTATION SERVICE MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: 1. Approve the purchase of a one-time cost for Lexipol’s Full Implementation Service for start-to-finish, comprehensive policy adoption assistance for $28,445. 2. Authorize the City Manager to execute all necessary documents. City Council Minutes June 10, 2021 City of Palm Springs Page 11 S. AMENDMENT NO. 4 TO AIRPORT CAR RENTAL CONCESSIONAIRES' AGREEMENT MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: 1. Approve Amendment No. 4 to all airport rental car concession agreements doing business as eight (8) car rental agencies at PSP which include: Avis/Budget Car Rental, LLC; The Hertz Corporation; Enterprise Rent-A-Car, LLC d/b/a Alamo/National Car Rental; Enterprise Rent-A-Car Company of Los Angeles, and Dollar/Thrifty Rent-A- Car. A6110, A6111, A6113, A6114 2. Authorize the City Manager to execute all necessary documents. T. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS CITYWIDE FOR FISCAL YEAR 2021- 2022 MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: 1. Adopt Resolution No. 24907 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE PREPARATION OF AND GIVING PRELIMINARY APPROVAL OF THE ENGINEER’S REPORT REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 3, AND PARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 (ZONES 1AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12, TO ESTABLISH ANNUAL ASSESSMENTS AND THE LEVY AND COLLECTION RELATED THERETO FOR FISCAL YEAR 2021/2022." 2. Adopt Resolution No. 24908 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON JULY 22, 2021, REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 3, AND PARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 (ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12, AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2021/2022.” U. PALM SPRINGS INNOVATION HUB AND ACCELERATOR CAMPUS QUARTERLY REPORT FOR JANUARY 1, 2021, TO MARCH 31, 2021 MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to receive and file the quarterly report from the Coachella Valley Economic Partnership (CVEP) for the Palm Springs Innovation Hub for the period of January 1, 2021, to March 31, 2021. City Council Minutes June 10, 2021 City of Palm Springs Page 12 V. TREASURER’S INVESTMENT REPORT AS OF APRIL 30, 2021 MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to receive and file Treasurer’s Investment Report as of April 30, 2021. 2. PUBLIC HEARINGS: A. ADOPTION OF A RESOLUTION OF NECESSITY FOR THE ACQUISITION BY EMINENT DOMAIN OF FEE AND TEMPORARY CONSTRUCTION EASEMENT INTERESTS IN PORTIONS OF REAL PROPERTY LOCATED IN CATHEDRAL CITY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS ASSESSOR’S PARCEL NUMBERS 677-444-010 AND 677-444-013 FOR THE RAMON ROAD AND BRIDGE WIDENING PROJECT, CITY PROJECT NO. 08- 25, FEDERAL AID PROJECT NO. BHLS 5282 (040), IN THE CITIES OF PALM SPRINGS AND CATHEDRAL CITY, RIVERSIDE COUNTY, CALIFORNIA City Engineer Montalvo and Special Counsel Holland Stewart narrated a PowerPoint presentation and responded to City Council inquiries. Mayor Holstege opened the Public Hearing. Luisa Avila & Rosario Avila, Property Owner, spoke in opposition to the proposed actions; stated that the construction staging, noise, and dust would negatively impact their patio dining operations; stated that the City’s offer should be based on an updated appraisal and a fair offer should be made; pointed out there are vacant parcels nearby that could be used for the project staging. There being no others desiring to speak, Mayor Holstege closed the Public Hearing. In response to City Council inquiries, Mr. Montalvo advised that Caltrans requires that the temporary easement be a five-year period, noting that the use of the property is anticipated to be one to three months. City Attorney Ballinger and Mr. Stewart advised that the City Council may add a requirement that staff conduct a new appraisal and that the property owner will be reimbursed up to $5,000 for obtaining their own appraisal. Following deliberations, the City Council directed staff to obtain a new appraisal and to make an offer to the property owners prior to proceeding with court filings. MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR HOLSTEGE, CARRIED 4-1 (COUNCILMEMBER GARNER VOTING NO), to: 1. Conduct a public hearing to consider the adoption of a resolution of necessity, including providing all parties interested in the affected property and their attorneys, or their representatives, an opportunity to be heard on the issues relevant to the resolution of necessity. (City Council action continued on the next page) City Council Minutes June 10, 2021 City of Palm Springs Page 13 2. Make the following findings as hereinafter described in this report: a. The public interest and necessity require the proposed project. b. The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury. c. The real property to be acquired is necessary for the project. d. The offer of just compensation has been made to the property owner. 3. Adopt Resolution No. 24909 entitled, “RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FOR THE ACQUISITION BY EMINENT DOMAIN OF FEE AND TEMPORARY CONSTRUCTION EASEMENT INTERESTS IN PORTIONS OF CERTAIN REAL PROPERTY LOCATED IN CATHEDRAL CITY, CALIFORNIA, DESCRIBED AS ASSESSOR’S PARCEL NUMBERS 677-444-010 AND 677-444-013, FOR THE RAMON ROAD AND BRIDGE WIDENING PROJECT, CITY PROJECT NO. 08- 25, FEDERAL AID PROJECT NO. BHLS 5282 (040), IN PALM SPRINGS, RIVERSIDE COUNTY, CALIFORNIA”, as amended to state that contractors are prohibited from blocking total access of the existing business. B. REQUEST BY THE CITY OF PALM SPRINGS TO AMEND THE DOWNTOWN PALM SPRINGS SPECIFIC PLAN DOCUMENT TO REVISE THE ARCHITECTURAL REVIEW PROCESS (CASE 5.1204 SPA) Development Services Director Fagg narrated a PowerPoint presentation and responded to City Council inquiries. Mayor Holstege opened and closed the public hearing, there being no one desiring to speak. MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to adopt Resolution No. 24910 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AND ADOPTING AN AMENDMENT TO THE DOWNTOWN PALM SPRINGS SPECIFIC PLAN RELATIVE TO THE ARCHITECTURAL REVIEW PROCESS.” City Council Minutes June 10, 2021 City of Palm Springs Page 14 C. 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 Community and Economic Development Director Virata presented the staff report. Mayor Holstege opened and closed the public hearing, there being no one desiring to speak. MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 5-0, to: 1. Conduct the Public Hearing under the requirements of the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) and the Internal Revenue Code of 1986, as amended. 2. Adopt Resolution No. 24911 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE ISSUANCE OF REVENUE BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $20,000,000 TO FINANCE AND REFINANCE AN AFFORDABLE MULTIFAMILY RENTAL HOUSING FACILITY FOR THE BENEFIT OF COMMUNITY HOUSING OPPORTUNITIES CORPORATION, OR AN AFFILIATE THEREOF, AND CERTAIN OTHER MATTERS RELATING THERETO.” 3. Authorize the City Manager to execute all necessary documents. MEETING RECESS: The City Council recessed at 7:45 p.m. and returned at 8:00 p.m., with all members present. D. ADOPTION OF THE 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 and responded to City Council inquiries. Mayor Holstege opened and closed the public hearing, there being no one desiring to speak. Mr. Fuller advised that the budget includes a placeholder for Measure J allocations but that no specific projects are funded, noting that the City Council may hold a future joint meeting with the Measure J Oversight Commission to discuss specific projects to be funded. City Council Minutes June 10, 2021 City of Palm Springs Page 15 Mayor Pro Tem Middleton requested that if revenues exceed projections that staff return to the City Council for consideration of accelerating the pace of street repairs. MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: 1. Adopt Resolution No. 24912 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2021–2022; AND ADOPTING THE PUBLICLY AVAILABLE PAY SCHEDULES." 2. Adopt Resolution No. 24913 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A BUDGET FOR FISCAL YEAR 2021 – 2022 AND SUCH OTHER MATTERS AS REQUIRED.” 3. Adopt Resolution No. 24914 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS CAPACITY AS THE SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY, APPROVING THE SUCCESSOR AGENCY BUDGET FOR FISCAL YEAR 2021 – 2022, AND OTHER SUCH MATTERS AS REQUIRED." 4. Adopt Resolution No. 24915 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN APPROPRIATIONS LIMIT FOR FISCAL YEAR 2021– 2022 ENDING ON JUNE 30, 2022.” 3. LEGISLATIVE: None. City Council Minutes June 10, 2021 City of Palm Springs Page 16 4. UNFINISHED BUSINESS: A. REVIEW OF TERMS FOR OPERATIONS AGREEMENT WITH WELL IN THE DESERT AND MARTHA’S VILLAGE AND KITCHEN FOR DAY USE HOMELESSNESS SERVICES AND WRAP-AROUND SERVICES AT 225 SOUTH EL CIELO ROAD Community and Economic Development Director Virata narrated a PowerPoint presentation and responded to City Council inquiries. City Council discussion ensued relative to the need for additional information regarding the following: • The number of staff members for each organization; • Information on Well in the Desert’s revenues and expenditures; • Clarification regarding rental expenses for the Well in the Desert; • Clarification on the role and services offered by Martha’s Village and Kitchen; • Well in the Desert’s client outcome, including referrals to services; • Responsible parties for facility improvements and maintenance. Mayor Pro Tem Middleton noted that she will not support a contract which includes Well in the Desert until a full accounting and understanding of their revenues and expenditures is provided. Following discussion, the City Council directed staff to: 1) continue negotiating an Operations Agreement, noting that the operator must monitor client outcomes and referrals consistent with Homeless Management Information System standards and assist clients with exiting homelessness; 2) return to City Council for consideration of an extension of the Conditional Use Permit for Well in the Desert. City Council Minutes June 10, 2021 City of Palm Springs Page 17 5. NEW BUSINESS: A. DISCUSSION OF THE PARKLET PROGRAM Development Services Director Fagg narrated a PowerPoint presentation and responded to City Council inquiries. During the course of discussion, the City Council provided the following direction to staff: • Develop design guidelines for parklets; • Development of rules to ensure parklets are not used for storage and other non- customer serving uses; • Evaluate and recommend a fee for use of the public spaces for commercial use; • Parklets should not infringe upon or block access to an adjacent business; • Reopen Arenas Road and solicit input on the Palm Canyon lane reductions; • Monitor and report back the active use of parklets; • Consider allowing offsite parking agreements; • Clarify to participants that the use of parklets is not permanent at this time; • Allow for a six-month period for non-confirming parklets to be removed. Following discussion, Director Fagg advised that staff will return to the City Council within 60 days with recommendations on how to proceed with parklets for the next 12 months. PUBLIC COMMENT: Christina Kelso, urged the City Council to remove the George Floyd “I can’t breathe” mural. Mark Davis, voiced opposition to the placement of the Forever Marilyn statue. CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT: City Manager Clifton reviewed upcoming agenda items. ADJOURNMENT: The City Council adjourned at 10:50 p.m., in memory of Jeffrey Sanker. Respectfully submitted, Anthony J. Mejia, MMC City Clerk APPROVED BY CITY COUNCIL: 10/14/2021