Loading...
HomeMy WebLinkAbout1AThursday, September 9, 2021 Minutes of the Regular Meeting of the City Council of the City of Palm Springs Pursuant to Assembly Bill 361 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, September 9, 2021, at 5:40 p.m. PLEDGE OF ALLEGIANCE: Mayor Holstege led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Grace Elena Garner, Dennis Woods; Mayor Pro Tem Lisa Middleton; and Mayor Christy Holstege Absent: Councilmember Geoff Kors City Staff Present: Justin Clifton, City Manager; Jeffrey Ballinger, City Attorney; 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 RECOGNIZING HISPANIC HERITAGE MONTH • PRESENTATION AND PROCLAMATION IN HONOR OF RETIRED POLICE CHIEF BRYAN REYES • PROCLAMATION TO OUTGOING CITY MANAGER ARRON BROWN • COVID-19 CASE AND WASTEWATER TESTING UPDATE • HOMELESS ACCESS CENTER AND METHODIST CHURCH OVERNIGHT SHELTER UPDATE • PRESENTATION ON THE COMPLETION OF THE NEW AIRPORT BAGGAGE CLAIM AT THE PALM SPRINGS INTERNATIONAL AIRPORT • PRESENTATION ON THE TAHQUITZ CREEK YACHT CLUB CLEANUP EFFORTS • COMMUNITY INVITATION TO THE PALM SPRINGS FIRE DEPARTMENT 9/11 MEMORIAL EVENT Item 1A - 1 City Council Minutes September 9, 2021 City of Palm Springs Page 2 ACCEPTANCE OF THE AGENDA: MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 4-0, to remove Consent Calendar Item Nos. 1C and 1AA for separate discussion. REPORT OF CLOSED SESSION: The Regular Closed Session of the City Council of September 9, 2021, was called to order by Mayor Holstege at 3:00 p.m., with all members present, except Councilmember Kors. 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): City of Palm Springs v. Barbara Lewis Rubin Case No. PSC 1804139 Superior Court of the State of California, County of Riverside Jonathan Kallis v. City of Palm Springs, et al. Case No. PSC 5:20-cv-01744 U.S. District Court City of Palm Springs v. Campbell Case No. CVR12100816 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): Three (3) 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: Portion of Airport Property, APN 502-100-030, Palm Springs Portion of Airport Property, 2901 E. Alejo Rd., Palm Springs Agency: City of Palm Springs City Negotiator: Justin Clifton, City Manager Negotiating Parties: Coachella Valley Economic Partnership, Garland Commercial Group, on behalf of Palm Springs Aviation Academy Under Negotiation: Price and Terms Item 1A - 2 City Council Minutes September 9, 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 Property Description: Tahquitz Creek Golf Resort & Legends Golf Course Agency: City of Palm Springs City Negotiator: Flinn Fagg, Development Services Director Negotiating Parties: Trust for Public Lands/Oswit Land Trust Under Negotiation: Price and Terms of Payment Property Description: 3589 McCarthy Road, Palm Springs 92234 (APN 669-420-019 Agency: City of Palm Springs City Negotiator: Justin Clifton, City Manager Negotiating Parties: Fred Noble Under Negotiation: Price and Terms of Payment Property Description: 3.6 Acres at SE corner of Indian Canyon Drive and San Rafael Road Agency: City of Palm Springs City Negotiator: Justin Clifton, City Manager or Designee Negotiating Parties: Community Housing Opportunities Corporation (CHOC) 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, Human Resources Director 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. Item 1A - 3 City Council Minutes September 9, 2021 City of Palm Springs Page 4 PUBLIC TESTIMONY: Maribel Nunez, speaking on Item 4A, expressed support for inclusionary housing. Gretchen Gutierrez, speaking on Item 4A, voiced support for moving forward with an economic impact study on inclusionary housing. Jeffrey Bernstein, speaking on Item 4B, urged the City Council to adopt the proposed design standards for parklets. Liz Ostoich, speaking on Item 4B, voiced support for the proposed design standards for parklets. Jerry Keller, speaking on Item 4B, voiced support for the continued use of parklets. The following individuals, speaking on Item 5A, urged the City Council to allow firework celebrations: • Armando Salinas II • Andrew Starkey • Ken Age The following individuals, speaking on Item 5A, voiced opposition to allowing fireworks and spoke on their negative impacts: • William Breton, speaking on Item 5A, spoke in opposition to allowing fireworks. • Lauren LeBaron, read a letter from Tamara Hedges • Debra Moses • Ginny Foat CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS: Mayor Pro Tem Middleton urged residents to volunteer with Find Food Bank; provided an update on the Coachella Valley-San Gorgonio Pass Rail Corridor Project; spoke on the proposed Cal Cities Bylaw amendment. Councilmember Woods spoke on his attendance at the California Leadership Summit; expressed gratitude to the volunteers of the Tahquitz Creek Yacht Club. Mayor Holstege reported on her attendance at various regional meetings and events; thanked the Southwest Regional Council of Carpenters for their work at the Palm Springs Animal Shelter. Item 1A - 4 City Council Minutes September 9, 2021 City of Palm Springs Page 5 1. CONSENT CALENDAR: MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 4-0, to approve the consent calendar, with the removal of Item Nos. 1C and 1AA for separate discussion. A. RECEIVE AND FILE BOARD AND COMMISSION MEETING MINUTES MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 4-0, to receive and file Board and Commission meeting minutes. B. APPROVAL OF THE CITY COUNCIL MEETING MINUTES MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 4-0, to approve the City Council Meeting Minutes of March 25, April 8, April 22, May 6, and May 27, 2021. C. CONSIDERATION OF TRANSITIONING TO ACTION MINUTES FOR CITY COUNCIL MEETINGS This item was excluded from the Consent Calendar. Please refer to Page 15 of these minutes for a summary of that action. D. APPOINTMENTS TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION AND VILLAGEFEST BOARD MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 4-0, to: 1. Appoint John Payne to the Palm Springs International Airport Commission for a term ending June 30, 2023. 2. Approve the nomination of Jill Philbrook, representing Cathedral City, to the Palm Springs International Airport Commission for a term ending June 30, 2024. 3. Appoint Christopher Ramirez to the VillageFest Board for a term ending June 30, 2022. E. PROVIDE DIRECTION ON THE RESOLUTION BEING CONSIDERED AT THE LEAGUE OF CALIFORNIA CITIES’ ANNUAL BUSINESS MEETING MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 4-0, to support the resolutions proposed for the upcoming League of California Cities’ Annual Business Meeting at the League’s Annual Conference. Item 1A - 5 City Council Minutes September 9, 2021 City of Palm Springs Page 6 F. APPROVAL OF PAYROLL WARRANTS, CLAIMS, AND DEMANDS MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 4-0, to adopt Resolution No. 24930 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 07-10-21 AND 07-24-21 TOTALING $3,658,913.01 AND ACCOUNTS PAYABLE WARRANTS DATED 07-08-21, 07-19-21 AND 07-22-21 TOTALING $9,485,745.15, IN THE AGGREGATE AMOUNT OF $13,144,658.16, DRAWN ON BANK OF AMERICA." G. TREASURER’S INVESTMENT REPORT AS OF MAY 31, 2021 MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 4-0, to receive and file Treasurer’s Investment Report as of May 31, 2021. H. ACCEPT AN AWARD FROM THE U.S. DEPARTMENT OF JUSTICE IN THE AMOUNT OF $20,815 AND APPROVE AN INTERLOCAL AGREEMENT WITH THE COUNTY OF RIVERSIDE AND OTHER PARTICIPATING CITIES FOR GRANT ADMINISTRATION MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 4-0, to: 1. Approve the acceptance of a grant award from the United States Department of Justice in the amount of $20,815 for the 2021 Justice Assistance Grant (JAG) Program. 2. Approve an Interlocal Agreement with the County of Riverside and various cities within Riverside County, authorizing the County of Riverside to administer the grant on behalf of participating agencies. 3. Authorize the City Manager to execute all necessary documents. I. ACCEPTANCE OF SHADE STRUCTURES, CITY PROJECT NO. 20-28 MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 4-0, to: 1. Accept the new shade structures and associated improvements as identified as Shade Structures, City Project 20-28, as completed. 2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for Shade Structures, City Project No. 20-28. Item 1A - 6 City Council Minutes September 9, 2021 City of Palm Springs Page 7 J. ACCEPTANCE OF THE 2020 SLURRY SEAL (RE-BID), CITY PROJECT 20-02 MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 4-0, to: 1. Accept the public works improvement identified as the 2020 Slurry Seal (Re-Bid), City Project No. 20-02 as completed in accordance with the plans and specifications. 2. Authorize the City Engineer to execute and file a Notice of Completion for recordation with the Riverside County Recorder for the 2020 Slurry Seal (Re-Bid), City Project No. 20-02. K. APPROVAL OF PAYMENT TO THE UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF INDIAN AFFAIRS IN THE AMOUNT OF $290,140 FOR THE GRANT OF RIGHT OF WAY EASEMENTS FOR ROAD PURPOSES, CHANNEL CONSTRUCTION PURPOSES, SLOPE PURPOSES AND TEMPORARY CONSTRUCTION PURPOSES WITHIN APN 680-170-053, ASSOCIATED WITH THE RAMON ROAD AND BRIDGE WIDENING PROJECT, CITY PROJECT NO. 08-25, FEDERAL AID PROJECT NO. BHLS 5282(040); ALLOTTEE 65E AND 104C MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 4-0, to: 1. Approve the payment of $290,140 for the Grant of Right-of-Way Easements for Road, Channel Construction, Slope, and Temporary Construction purposes to the United States Department of the Interior, Bureau of Indian Affairs on behalf of Allottee 65E and 104C. 2. Authorize the City Manager to execute all necessary documents associated with the Grant of Right of Way acquisitions. L. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID THE DEMUTH COMMUNITY CENTER LIFE SAFETY IMPROVEMENTS PHASE 2 AND AIR CONDITIONING INSTALLATION, CITY PROJECT NO. 19-14 MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 4-0, to approve the plans, specifications and estimate; and authorize Staff to advertise and solicit bids for the Demuth Community Center Life Safety Improvements, Phase 2 and Air Conditioning Installation, City Project No. 19-14 (“Project”). Item 1A - 7 City Council Minutes September 9, 2021 City of Palm Springs Page 8 M. APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT NO. 6597 WITH DOKKEN ENGINEERING 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 MAYOR PRO TEM MIDDLETON, CARRIED 4-0, to: 1. Approve Amendment No. 2 in the amount of $77,764.28 to Professional Services Agreement No. 6597, for a new not-to-exceed amount of $1,345,304.28 with Dokken Engineering for the Indian Canyon Drive Widening and Bridge Replacement, City Project No. 12-04, Federal Aid Project No. BRLS-5282(017). A6597 2. Authorize the City Manager to execute all necessary documents. N. APPROVAL OF AMENDMENT NO. 7 TO PROFESSIONAL SERVICES AGREEMENT NO. 4461 FOR ADDITIONAL RIGHT-OF-WAY SUPPORT SERVICES AND APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT NO. 7228 FOR ADDITIONAL ENVIRONMENTAL SUPPORT SERVICES WITH DOKKEN ENGINEERING, A CALIFORNIA CORPORATION, FOR THE INDIAN CANYON DRIVE WIDENING & BRIDGE REPLACEMENT, CITY PROJECT NO. 01-11, FEDERAL AID PROJECT NO. BRLO 5282(017) MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 4-0, to: 1. Approve Amendment No. 7 in the amount of $173,400 to Professional Services Agreement No. 4461 with Dokken Engineering, for a new not-to-exceed amount of $1,754,250 for the Indian Canyon Drive Widening and Bridge Replacement, City Project No. 01-11, Federal Aid Project No. BRLS-5282(017). A4461 2. Approve Amendment No. 2, in the amount of $97,350 to Professional Services Agreement No. 7228 with Dokken Engineering, for a new not-to-exceed amount of $221,756.75 for the Indian Canyon Drive Widening and Bridge Replacement, City Project No. 01-11, Federal Aid Project No. BRLS-5282(017). A7228 3. Authorize the City Manager to execute all necessary documents. Item 1A - 8 City Council Minutes September 9, 2021 City of Palm Springs Page 9 O. REQUEST BY JOEL MAURER AND DAVID RAYL, OWNERS, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 201 EAST TWIN PALMS DRIVE, A CONTRIBUTING STRUCTURE IN THE ROYAL HAWAIIAN ESTATES HISTORIC DISTRICT (APN #511-070-011), (HSPB #73 / HD-2) MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 4-0, to: 1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Joel Maurer and David Rayl and the Royal Hawaiian Estates Community Association. A8937 2. Authorize the City Manager to execute the Agreement. 3. Direct the City Clerk to record the Agreement with the County of Riverside. P. REQUEST BY DENNIS FIORINO AND COLETTE JINNOUCHI, OWNERS, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 360 CABRILLO ROAD UNIT 207, A CONTRIBUTING STRUCTURE IN THE RACQUET CLUB COTTAGES WEST HISTORIC DISTRICT (APN #504-131-041), (HSPB #88 / HD-3) MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 4-0, to: 1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs, Dennis Fiorino and Colette Jinnouchi, and the Racquet Club Cottages West Homeowners Association. A8938 2. Authorize the City Manager to execute the Agreement. 3. Direct the City Clerk to record the Agreement with the County of Riverside. Q. REQUEST BY THE MICHAEL HORN TRUST, OWNER, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR THE MERRILL AND JUANITA CROCKETT RESIDENCE, A CLASS 1 HISTORIC SITE LOCATED AT 590 WEST LINDA VISTA DRIVE (APN #513-193-014), (HSPB #134) MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 4-0, to: 1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and The Michael Horn Trust. A8939 2. Authorize the City Manager to execute the Agreement. 3. Direct the City Clerk to record the Agreement with the County of Riverside. Item 1A - 9 City Council Minutes September 9, 2021 City of Palm Springs Page 10 R. REQUEST BY SCOTT TIMBERLAKE ON BEHALF OF TIMBERLAKE HOLDINGS, LTD. AND ANNE KRIZMAN, OWNERS, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR KAPTUR PLAZA (HISTORIC NAME TAHQUITZ PLAZA), A CLASS 1 HISTORIC SITE LOCATED AT 600-650 EAST TAHQUITZ CANYON WAY (APN #508-054-003-4), (HSPB #97) MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 4-0, to: 1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Scott Timberlake on behalf of Timberlake Holdings, Ltd. and Anne Krizman. A8940 2. Authorize the City Manager to execute the Agreement. 3. Direct the City Clerk to record the Agreement with the County of Riverside. S. REQUEST BY SCOTT TIMBERLAKE ON BEHALF OF TIMBERLAKE HOLDINGS, LTD. AND ANNE KRIZMAN, OWNERS, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR KAPTUR PLAZA (HISTORIC NAME TAHQUITZ PLACE), A CLASS 1 HISTORIC SITE LOCATED AT 700-750 EAST TAHQUITZ CANYON WAY (APN #508-054-006-7), (HSPB #97) MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 4-0, to: 1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Scott Timberlake on behalf of Timberlake Holdings, Ltd. and Anne Krizman. A8941 2. Authorize the City Manager to execute the Agreement. 3. Direct the City Clerk to record the Agreement with the County of Riverside. Item 1A - 10 City Council Minutes September 9, 2021 City of Palm Springs Page 11 T. REQUEST BY ALISON MARY TEARNEN SCHEPPER AND CHRISTOPHER SCHEPPER, OWNERS, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 1823 SANDCLIFF ROAD, A CONTRIBUTING STRUCTURE IN THE SANDCLIFF GARDEN APARTMENT HOMES HISTORIC DISTRICT (APN #510-040-036), (HSPB #93 / HD-5) MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 4-0, to: 1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs, Alison Mary Tearnen Schepper and Christopher Schepper and the Sandcliff Homeowners Association. A8942 2. Authorize the City Manager to execute the Agreement. 3. Direct the City Clerk to record the Agreement with the County of Riverside. U. REQUEST BY DALE LINE AND BOB DILLON, OWNERS, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 1836 SOUTH ARABY DRIVE, A CONTRIBUTING STRUCTURE IN THE PARK IMPERIAL SOUTH CONDOMINIUMS (APN #510-070-024), (HSPB #103 / HD-6) MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 4-0, to: 1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Dale Line, Bob Dillon and the Park Imperial South Community Association. A8943 2. Authorize the City Manager to execute the Agreement. 3. Direct the City Clerk to record the Agreement with the County of Riverside. V. REQUEST BY JEREMY SCOTT LIVING TRUST FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR THE ELROD RESIDENCE, A CLASS 1 HISTORIC SITE LOCATED AT 2175 SOUTHRIDGE DRIVE (APN #510-250-026 AND 031), (HSPB #64) MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 4-0, to: 1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Jeremy Scott Living Trust. A8944 2. Authorize the City Manager to execute the Agreement. 3. Direct the City Clerk to record the Agreement with the County of Riverside. Item 1A - 11 City Council Minutes September 9, 2021 City of Palm Springs Page 12 W. REQUEST BY LISA HARRISON OF 2203 SOUTHRIDGE LLC, OWNER, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR THE STEVE MCQUEEN RESIDENCE, A CLASS 1 HISTORIC SITE LOCATED AT 2203 SOUTHRIDGE DRIVE (APN #510-250-034), (HSPB #108) MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 4-0, to: 1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and 2203 Southridge LLC c/o Lisa Harrison. A8945 2. Authorize the City Manager to execute the Agreement. 3. Direct the City Clerk to record the Agreement with the County of Riverside. X. REQUEST BY THOMAS MCMORRIS, OWNER, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 2244 EAST TAHQUITZ CANYON WAY #3, A CONTRIBUTING STRUCTURE IN THE DESERT HOLLY HISTORIC DISTRICT (APN #502-084-003), (HSPB #117 / HD-7) MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 4-0, to: 1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs, Thomas McMorris, and the Desert Holly Homeowners Association. A8946 2. Authorize the City Manager to execute the Agreement. 3. Direct the City Clerk to record the Agreement with the County of Riverside. Y. AWARD A CONSTRUCTION CONTRACT TO TUNNELWORKS SERVICES INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $514,818 AND APPROVAL OF A PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED $124,997 TO VEOLIA WATER WEST OPERATING SERVICES FOR THE 2021 SEWER COLLECTION SYSTEM REPAIRS, CITY PROJECT NO. 21-18 MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 4-0, to: 1. Award a construction contract to Tunnelworks Services Inc., a California corporation, in the amount of $514,818 for 2021 Sewer Collection System Repairs, City Project No. 21-18. A8947 (City Council action continued on the next page) Item 1A - 12 City Council Minutes September 9, 2021 City of Palm Springs Page 13 2. Authorize a Purchase Order to Veolia Water West Operating Services, Inc., pursuant to Agreement No. 6804, in an amount not to exceed $124,997 for construction management, inspection and materials testing services for the 2021 Sewer Collection System Repairs, City Project No. 21-18. 3. Authorize the City Manager or his designee to execute all necessary documents. Z. APPROVE A UTILITY AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY, A CALIFORNIA CORPORATION, FOR UTILITY RELOCATION WORK RELATED TO THE RAMON ROAD BRIDGE WIDENING OVER THE WHITEWATER RIVER, CITY PROJECT NO. 08-25, FEDERAL AID PROJECT NO. BHLS-5282 (040) MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 4-0, to: 1. Approve a Utility Agreement with Southern California Edison Company, a California corporation, in the amount of $228,000 for Utility Relocation Work related to the Ramon Road Bridge Widening over the Whitewater River, City Project No. 08-25, Federal-Aid Project No. BHLS-5282 (040). A8948 2. Authorize the City Manager to execute the Utility Agreement and all associated documents. AA. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 8922 WITH MARTHA’S VILLAGE AND KITCHEN FOR HOMELESS DAYTIME DROP-IN CENTER AND WRAP-AROUND SERVICES This item was excluded from the Consent Calendar. Please refer to Page 15 of these minutes for a summary of that action. BB. RENEW AGREEMENT WITH DRUG ENFORCEMENT ADMINISTRATION TO PARTICIPATE IN TASK FORCE MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 4-0, to: 1. Renew an agreement with the Drug Enforcement Administration through September 30, 2022. 2. Authorize the City Manager to execute all necessary documents. Item 1A - 13 City Council Minutes September 9, 2021 City of Palm Springs Page 14 CC. SUMMARY VACATION OF A PUBLIC ROAD AND UTILITY RIGHT-OF-WAY EASEMENT WITHIN LOT 27 OF AMENDED TRACT MAP 18087 IN SECTION 36, TOWNSHIP 4, RANGE 4 EAST (ENG. FILE R 21-09-1679) MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 4-0, to adopt Resolution No. 24931 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 ROAD AND UTILITY RIGHT- OF-WAY EASEMENT WITHIN LOT 27 OF AMENDED TRACT MAP 18087 IN SECTION 36, TOWNSHIP 4, RANGE 4 EAST, ENG. FILE R 21-09-1679, AND APPROVING A DETERMINATION THAT THE ACTION IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).” DD. APPROVE FIRST AMENDMENT TO AGREEMENT NO. 7271 WITH BEST BEST & KRIEGER, LLP, FOR CITY ATTORNEY LEGAL SERVICES MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 4-0, to: 1. Approve First Amendment to Agreement No. 7271 with Best Best & Krieger, LLP for City Attorney Legal Services, increasing the amount of the retainer to $75,000 per month, effective as of September 1, 2021. A7271 2. Authorize the City Manager to execute all necessary documents. EE. APPROVE AMENDMENTS TO CONTRACT SERVICES AGREEMENTS NO. 7139 (A7139) AND NO. 7140 (A7140) WITH CONSERVE LANDCARE, INC. AND PWLC II, INC., FOR LANDSCAPE AND GROUNDS MAINTENANCE SERVICES MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 4-0, to: 1. Approve Amendment No. 3, to Contract Services Agreement No. 7139 with Conserve LandCare, Inc., in the amount of 504,263.86, for a total annual contract amount of $1,270,076.00. A7139 2. Approve Amendment No. 5, to Contract Services Agreement No. 7140 with PWLC II, Inc., in the amount of $223,539.00, for a total annual contract amount of $441,311.03. A7140 3. Authorize the City Manager to execute all necessary documents. Item 1A - 14 City Council Minutes September 9, 2021 City of Palm Springs Page 15 EXCLUDED CONSENT CALENDAR: C. CONSIDERATION OF TRANSITIONING TO ACTION MINUTES FOR CITY COUNCIL MEETINGS Following clarification, MOTION BY MAYOR HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 4-0, to authorize the City Clerk to prepare action minutes for City Council meetings. AA. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 8922 WITH MARTHA’S VILLAGE AND KITCHEN FOR HOMELESS DAYTIME DROP-IN CENTER AND WRAP-AROUND SERVICES In response to City Council inquiry, City Manager Clifton reviewed the scope of services. MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY MAYOR HOLSTEGE, CARRIED 4-0, to: 1. Approve Amendment No. 1 to Agreement No. 8922 with Martha’s Village and Kitchen, increasing the contract amount by $137,050 for a total contract amount not to exceed $212,050 for homeless daytime drop-in center and wraparound services. A8922 2. Authorize the City Manager to execute all necessary documents. 2. PUBLIC HEARINGS: A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDING THAT THE PUBLIC INTEREST AND CONVENIENCE REQUIRE THE SALE OF CERTAIN REAL PROPERTY, DECLARING ITS INTENT TO SELL SUCH PROPERTY, AND SETTING A HEARING DATE FOR CONSIDERATION OF PROTESTS; AND A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THAT CERTAIN PROPERTY OWNED BY THE CITY OF PALM SPRINGS, ACTING AS SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY, IS “EXEMPT SURPLUS LAND”, ACCEPTING THE SUMMARY REPORT PURSUANT TO HEALTH AND SAFETY CODE SECTION 33433, AND APPROVING THE PURCHASE AND SALE AGREEMENT BETWEEN THE CITY ACTING AS SUCCESSOR AGENCY AND ALOE PALM CANYON L.P. 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. Item 1A - 15 City Council Minutes September 9, 2021 City of Palm Springs Page 16 MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER WOODS, CARRIED 4-0, to: 1. Adopt Resolution No. 24932 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDING THAT THE PUBLIC INTEREST AND CONVENIENCE REQUIRE THE SALE OF CERTAIN REAL PROPERTY, DECLARING ITS INTENT TO SELL SUCH PROPERTY, AND SETTING A HEARING DATE FOR CONSIDERATION OF PROTESTS." 2. The Successor Agency to the Palm Springs Community Redevelopment Agency open the public hearing to hear testimony regarding the proposed sale of the Successor Agency parcel with APN 505-182-004 for a sale price of $900,000. 3. Adopt Resolution No. 24933 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THAT CERTAIN PROPERTY OWNED BY THE CITY OF PALM SPRINGS ACTING AS SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY IS “EXEMPT SURPLUS LAND”, ACCEPTING THE SUMMARY REPORT PURSUANT TO HEALTH AND SAFETY CODE SECTION 33433, AND APPROVING THE PURCHASE AND SALE AGREEMENT BETWEEN THE CITY ACTING AS SUCCESSOR AGENCY AND ALOE PALM CANYON L.P.” B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A SUBSTANTIAL AMENDMENT TO THE 2021 ANNUAL ACTION PLAN TO REALLOCATE COMMUNITY DEVELOPMENT BLOCK GRANT-CORONAVIRUS FUNDS IN THE AMOUNT OF $22,352 AND COMMUNITY DEVELOPMENT BLOCK GRANT-CORONAVIRUS ROUND 3 FUNDS IN THE AMOUNT OF $68,636 TO FUND A PORTION OF THE CONTRACT SERVICES AGREEMENT WITH MARTHA’S VILLAGE AND KITCHEN FOR HOMELESS DAYTIME DROP-IN SERVICES AND WRAPAROUND SERVICES; AND TO AUTHORIZE SUBMITTAL OF THE SUBSTANTIAL AMENDMENT TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 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. Item 1A - 16 City Council Minutes September 9, 2021 City of Palm Springs Page 17 MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 4-0, to: 1. Adopt Resolution No. 24934 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A SUBSTANTIAL AMENDMENT TO THE 2021 ANNUAL ACTION PLAN TO REALLOCATE COMMUNITY DEVELOPMENT BLOCK GRANT- CORONAVIRUS FUNDS IN THE AMOUNT OF$22,352 AND COMMUNITY DEVELOPMENT BLOCK GRANT- CORONA VIRUS ROUND 3 FUNDS IN THE AMOUNT OF $68,636 TO FUND A PORTION OF THE CONTRACT SERVICES AGREEMENT WITH MARTHA’S VILLAGE AND KITCHEN FOR HOMELESS DAYTIME DROP-IN SERVICES AND WRAPAROUND SERVICES; AND TO AUTHORIZE SUBMITTAL OF THE SUBSTANTIAL AMENDMENT TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.” 2. Authorize the City Manager to execute the sub-recipient agreements and all other necessary documents for the substantial amendment and implementation of the proposed program. C. CALLING AND CONDUCTING A SPECIAL ELECTION AND INTRODUCING AN ORDINANCE AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 3 TO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES) City Engineer Montalvo presented the staff report. Mayor Holstege opened and closed the public hearing, there being no one desiring to speak. City Clerk Mejia conducted the election and reported one ballot was received with a "yes" vote to proceed with annexation. MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 4-0, to: 1. Adopt Resolution No. 24935 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING ANNEXATION NO. 3, VUE, TRACT MAP NO. 38004, INTO COMMUNITY FACILITIES DISTRICT NO. 2007-1, (PUBLIC SAFETY SERVICES), AUTHORIZING THE LEVY OF A SPECIAL TAX, AND SUBMITTING THE LEVY OF A SPECIAL TAX TO QUALIFIED ELECTORS." Item 1A - 17 City Council Minutes September 9, 2021 City of Palm Springs Page 18 2. Adopt Resolution No. 24936 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ANNEXATION LANDOWNER ELECTION, DETERMINING VALIDITY OF PRIOR PROCEEDINGS, AND DIRECTING THE RECORDING OF AN AMENDMENT TO NOTICE OF SPECIAL TAX LIEN FOR ANNEXATION NO. 3, VUE, TRACT MAP NO. 38004, INTO COMMUNITY FACILITIES DISTRICT NO. 2007-1, (PUBLIC SAFETY SERVICES)." 3. Introduce Ordinance No. 2050 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION NO. 3, VUE, TRACT MAP NO. 38004, INTO COMMUNITY FACILITIES DISTRICT NO. 2007-1, (PUBLIC SAFETY SERVICES).” City Clerk Mejia read the ordinance by title. 3. LEGISLATIVE: None. 4. UNFINISHED BUSINESS: A. DISCUSSION OF INCLUSIONARY HOUSING PROGRAM Director of Development Services Fagg narrated a PowerPoint presentation and responded to City Council inquiries. During the course of discussion, individual Councilmember(s) provided the following commentary. The below points do not necessarily reflect City Council consensus: • There is a need to take a regional approach to address the housing shortage. • There is interest in reviewing modular buildings that are wind- and fire-proof. • Existing developments should be encouraged to build homes across many price points. • Consideration should be given to creating a silent second mortgage program. • Efforts need to be taken to ensure Palm Springs remains competitive to builders. • Mobile homes and self-help homes are affordable housing options. • There is a need for a stable revenue stream for the housing fund. • Consideration should be given to increasing density and height to help produce more homes. The City Council directed staff to proceed with an economic feasibility/nexus study for an inclusionary housing program. MEETING RECESS The City Council recessed at 8:50 p.m. and reconvened at 9:00 p.m., with all members present. Item 1A - 18 City Council Minutes September 9, 2021 City of Palm Springs Page 19 B. DISCUSSION OF THE PARKLET PROGRAM AND ADOPTION OF DESIGN GUIDELINES FOR PARKLETS Director of Development Services Fagg narrated a PowerPoint presentation and responded to City Council inquiries. During the course of the discussion, the City Council provided direction that the proposed parklet fee should be set at $1.85 per square foot and set a commencement date of November 1, 2021; directed staff to address problematic parklets immediately, including those which infringe upon another business; MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER WOODS, CARRIED 4-0, to: 1. Approve Resolution No. 24937 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING DESIGN GUIDELINES FOR PARKLET FACILITIES,” with direction to allow waiver of design standards if approved by the Architectural Advisory Committee and add maintenance and cleaning standards. 2. The City Council provided direction to staff as appropriate. C. DISCUSSION OF POTENTIAL ACTIONS RELATED TO PALM SPRINGS MUNICIPAL CODE SECTION 11.74.043, “LOUD, UNUSUAL NOISES – GASOLINE-POWERED LEAF BLOWERS” During the course of discussion, individual Councilmember(s) provided the following commentary. The below points do not necessarily reflect City Council consensus: • There is a need to solicit more input from the community and impacted businesses. • More information is needed from the Air Quality Management District on the environmental impacts of gas-powered leaf blowers. • Consideration should be given to allowing landscapers to begin work at 7:00 a.m. during summer months. • Consideration should be given to holding homeowners liable for violations. • Consideration of creating a neighbor sharing program for electric leaf blowers. The City Council took no formal action on this matter. Item 1A - 19 City Council Minutes September 9, 2021 City of Palm Springs Page 20 5. NEW BUSINESS: A. DISCUSSION OF THE USE OF FIREWORKS WITHIN THE CITY OF PALM SPRINGS Jasmine Waits, Special Events Manager, narrated a PowerPoint presentation and responded to City Council inquiries. Following discussion, MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER GARNER, CARRIED 4-0, to: 1. Proceed with fireworks for Veterans Day and Fourth of July celebrations, with direction to staff to advertise about the specific timeframe when fireworks will be set off. 2. Direct staff to return to City Council with more information about air quality impacts and recommendations on other events using fireworks. PUBLIC COMMENT ON NON-AGENDA ITEMS: Angel de la Torre, asserted that the City’s Covid-19 orders are negatively impacting his business. Vanessa Bravo, Desert Hot Springs Clean-up Committee, requested the City’s assistance in a clean-up project in north Palm Springs. David Schreiner, urged the City Council to enact stricter Covid-19 orders for all businesses. CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT: Councilmember Garner discussed community clean-ups and her desire to schedule another one in her district. Mayor Holstege requested staff agendize the Palm Springs Architectural Alliance’s request to develop design guidelines for new residential and commercial construction. ADJOURNMENT: The City Council adjourned at 11:05 p.m. Respectfully submitted, Anthony J. Mejia, MMC City Clerk APPROVED BY CITY COUNCIL: __/__/2022 Item 1A - 20 Thursday, September 30, 2021 Minutes of the Regular Meeting of the City Council of the City of Palm Springs Pursuant to Assembly Bill 361 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, September 30, 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; 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 RECOGNIZING BISEXUAL VISIBILITY WEEK PRESENTED TO ALHAMBRA CITY COUNCILMEMBER SASHA RENE PEREZ • UPDATE ON THE PALM SPRINGS ACCESS CENTER RIBBON CUTTING CEREMONY • LIFT-TO-RISE COVID RENTAL ASSISTANCE PROGRAM UPDATE • COVID-19 CASE UPDATE ACCEPTANCE OF THE AGENDA: MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 5-0, to remove Consent Calendar Item Nos. 1K and 1P for separate discussion. Item 1A - 21 City Council Minutes September 30, 2021 City of Palm Springs Page 2 REPORT OF CLOSED SESSION: The Regular Closed Session of the City Council of September 30, 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 – MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2): Four (4) 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: Portion of Airport Property, APN 502-100-030, Palm Springs Portion of Airport Property, 2901 E. Alejo Rd., Palm Springs Agency: City of Palm Springs City Negotiator: Justin Clifton, City Manager Negotiating Parties: Coachella Valley Economic Partnership, Garland Commercial Group, on behalf of Palm Springs Aviation Academy Under Negotiation: Price and Terms Property Description: 3589 McCarthy Road, Palm Springs 92234 (APN 669-420-019) Agency: City of Palm Springs City Negotiator: Justin Clifton, City Manager Negotiating Parties: Fred Noble Under Negotiation: Price and Terms of Payment Property Description: Palm Springs Airport Property Agency: City of Palm Springs City Negotiator: Justin Clifton, City Manager Negotiating Parties: Air Canada, American, Alaska, Delta, Southwest, United, WestJet Under Negotiation: Price and Terms of Payment Item 1A - 22 City Council Minutes September 30, 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, Human Resources Director Melissa Demarais, Acting Chief of Police Peter Brown, City Labor Negotiator Employee Organizations: Management Association of Palm Springs Palm Springs Firefighters Association Palm Springs Fire Management Palm Springs Police Management Association 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. He added that City Council may enter into Closed Session at the end of the regular meeting, but it is anticipated that there will be action taken. PUBLIC TESTIMONY: Michael Torres, speaking on Item 1P, expressed gratitude and urged the City Council to approve the proposed mural. David Weiner, speaking on Item 5B, spoke in support of developing a reparations program for those impacted by the Section 14 evictions. Kathy Weremuik, expressed support for Item Nos. 1L, 1P, and 1Q. The following individuals spoke on Item 5C, urging City Council to partner with Desert Community Composting to develop a local composting program: • Adam Gray • John Pick • Haley Preston • Lauren Wolfer • David Preston • Jake Torrens • Abby Winston • Prima Bhavireddy CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS: Mayor Pro Tem Middleton reported on her attendance at the Cal Cities Annual Conference. Councilmember Kors spoke on his attendance at various regional meetings. Item 1A - 23 City Council Minutes September 30, 2021 City of Palm Springs Page 4 Councilmember Woods commended staff for the recent improvements at the Palm Springs International Airport; expressed gratitude to the City’s Boards and Commissions for their work. Mayor Holstege spoke on the memorial service for Marine Corporal Hunter Lopez held at the Palm Springs Convention Center; reported on her attendance at regional meetings and the Cal Cities Annual Conference; invited the community to the unveiling of the memorial mural for Officers Gil Vega and Lesley Zerebny. 1. CONSENT CALENDAR: MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to approve the consent calendar, with the removal of Item Nos. 1K and 1P for separate discussion. A. ACCEPT A RESIGNATION FROM THE PARKS AND RECREATION COMMISSION MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to accept with regret the resignation of Alan Bowley from the Parks and Recreation Commission. B. APPROVAL OF AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT NO. 8535 WITH ABM AVIATION, INC., TO DESIGNATE ABM AS THE MERCHANT OF RECORD AND MODIFY ATTACHMENT “I” TO INCLUDE SEPTEMBER AS A NON-PEAK MONTH FOR PARKING MANAGEMENT SERVICES AT THE PALM SPRINGS INTERNATIONAL AIRPORT MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: 1. Approve Amendment No. 2 with ABM Aviation, Inc., a Georgia corporation, to act as the merchant of record for parking management services at the Palm Springs International Airport; and to modify Exhibit “I” to include the month of September as a non-peak month. A8535 2. Authorize the City Manager and/or his designee to execute all necessary documents. C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to adopt Resolution No. 24939 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 08-07-21 AND 08-21-21 TOTALING $3,529,020.72 AND ACCOUNTS PAYABLE WARRANTS DATED 08-05-21 AND 08-19-21 TOTALING $8,850,290.12, IN THE AGGREGATE AMOUNT OF $12,379,310.84, DRAWN ON BANK OF AMERICA." Item 1A - 24 City Council Minutes September 30, 2021 City of Palm Springs Page 5 D. SECOND READING AND ADOPTION OF AN ORDINANCE REGARDING ANNEXATION NO. 3, VUE, TRACT MAP NO. 38004 INTO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES) MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to adopt Ordinance No. 2050 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION NO. 3, VUE, TRACT MAP NO. 38004 INTO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES)." E. TREASURER’S INVESTMENT REPORT AS OF JUNE 30, 2021 MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to receive and file the Treasurer’s Investment Report as of June 30, 2021. F. APPROVE AMENDMENT NO. 1 TO THE CONTRACT SERVICES AGREEMENT (A8626) WITH CAL STRIPE, INC. FOR RUNWAY RUBBER REMOVAL SERVICES AT THE PALM SPRINGS INTERNATIONAL AIRPORT MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: 1. Approve Amendment No. 1 to add three additional service events to the scope of work with Cal Stripe, Inc. of Colton, California, in the amount of $16,020 per service event for a three-year period, for a new total agreement amount of $96,120, subject to CPI increase in year 2 and 3. A8626 2. Authorize the City Manager or his designee to execute all necessary documents. G. APPROVE A NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT WITH WORLDWIDE FLIGHT SERVICES, INC. FOR TERMINAL USE SPACE AT PALM SPRINGS INTERNATIONAL AIRPORT MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: 1. Approve a Non-Exclusive Operating and Lease Agreement for Terminal Use Space with Worldwide Flight Services, Inc. for the lease of 240 square feet of office space at $44.60 per square foot per year, effective September 1, 2021, through August 31, 2022, with two one-year options. A8970 2. Authorize the City Manager and/or his designee to execute all necessary documents. Item 1A - 25 City Council Minutes September 30, 2021 City of Palm Springs Page 6 H. APPROVE AMENDMENT NO. 3 TO THE AIRPORT USE AND LEASE AGREEMENT TO AMEND THE AIRLINE LEASE SPACE AT THE PALM SPRINGS INTERNATIONAL AIRPORT MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: 1. Approve Amendment No. 3 to all existing airline agreements doing business as seven (7) Signatory Airlines (Air Canada, Alaska Airlines, American Airlines, Delta, Southwest Airlines, United Airlines, WestJet, and three (3) Non-Signatory Airlines: Allegiant, JetBlue, Sun Country to reflect a change in the amount of space leased at Palm Springs International Airport. 2. Authorize the City Manager or his designee to execute all necessary documents. I. AUTHORIZE LETTER OF SUPPORT FOR JEWISH FAMILY SERVICES OF SAN DIEGO (JFSSD) FOR REFUGEE ASSISTANCE PROGRAM MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to authorize staff to prepare a letter of support to have JFSSD provide refugee resettlement services in the City of Palm Springs. J. ACCEPT THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES ACCOUNT (SLESA) GRANT FROM THE STATE OF CALIFORNIA AND APPROVE AN EXPENDITURE PLAN AND APPROPRIATION MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: 1. Accept the State of California Supplemental Enforcement Services Account Grant (SLESA) and Expenditure Plan. 2. Direct the Director of Finance/City Treasurer to fund the appropriation. 3. Authorize the City Manager to execute all necessary documents. K. AGREEMENT BETWEEN PALM SPRINGS UNIFIED SCHOOL DISTRICT AND CITY OF PALM SPRINGS FOR LAW ENFORCEMENT SERVICES FROM PALM SPRINGS POLICE DEPARTMENT FOR SCHOOL RESOURCE OFFICER This item was excluded from the Consent Calendar. Please refer to Page 9 of these minutes for a summary of that action. Item 1A - 26 City Council Minutes September 30, 2021 City of Palm Springs Page 7 L. APPROVE AMENDMENT NO. 2 TO THE DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) WITH COMMUNITY HOUSING OPPORTUNITIES CORPORATION (CHOC) OF FAIRFIELD, CALIFORNIA, FOR DISPOSITION OF A 3.62 ACRE CITY-OWNED PROPERTY FO DEVELOPMENT AND CONSTRUCTION OF THE MONARCH APARTMENTS PROJECT, A SIXTY (60) UNIT MULTIFAMILY AFFORDABLE HOUSING PROJECT AT 3130 NORTH INDIAN CANYON DRIVE (SOUTHEAST CORNER OF NORTH INDIAN CANYON DRIVE AND SAN RAFAEL ROAD) MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: 1. Approve Amendment No. 2 to the Disposition and Development Agreement (“DDA”) with Community Housing Opportunities Corporation (“CHOC” or “Developer”). 2. Authorize City Manager or his designee to execute all necessary documents related to the Agreement. M. ACCEPTANCE OF $130,000 IN GRANT FUNDING FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY FOR A SELECTIVE TRAFFIC ENFORCEMENT PROGRAM MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: 1. Accept $130,000 in grant funding from the California Office of Traffic Safety for a Selective Traffic Enforcement Program for FY 2021/2022. 2. Authorize the City Manager to execute all necessary documents. N. ACCEPT THE ANNUAL PROGRESS REPORT (APR) FOR CALENDAR YEAR 2020 REGARDING THE IMPLEMENTATION OF THE CITY’S HOUSING ELEMENT TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: 1. Accept the Annual Progress Report (APR) for calendar year 2020 regarding the implementation of the City’s Housing Element to the California Department of Housing and Community Development. 2. Direct Staff to make no changes to the report filed on April 1, 2021 (and subsequently revised on September 16, 2021) with the California Department of Housing and Community Development and the Governor’s Office of Planning and Research. Item 1A - 27 City Council Minutes September 30, 2021 City of Palm Springs Page 8 O. ACCEPTANCE OF THE TAHQUITZ CANYON WAY AND CIVIC DRIVE TRAFFIC SIGNAL INSTALLATION, CITY PROJECT NO. 15-21 MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: 1. Accept the public works improvement identified as the Tahquitz Canyon Way and Civic Drive Traffic Signal Installation, City Project No. 15-21 as completed in accordance with the plans and specifications. 2. Authorize the City Engineer to execute and file a Notice of Completion for recordation with the Riverside County Recorder for the Tahquitz Canyon Way and Civic Drive Traffic Signal Installation, City Project No. 15-21. P. REQUEST BY THE PALM SPRINGS POLICE OFFICERS’ ASSOCIATION FOR APPROVAL OF AN ART MURAL ON THE EXISTING BUILDING AT 169 NORTH INDIAN CANYON DRIVE (CASE 21-003 MUR) This item was excluded from the Consent Calendar. Please refer to Page 9 of these minutes for a summary of that action. Q. REQUEST BY PS SOCIAL GROUP, INC FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) FOR A TYPE 20 PACKAGE STORE (HYPHEN) FOR A CARRY-OUT CRAFT BEER AND ORGANIC WINE SHOP LOCATED AT 1007 NORTH PALM CANYON DRIVE, ZONE C-1 (CASE 5.1535 PCN) MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to adopt Resolution No. 24941 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT PUBLIC CONVENIENCE OR NECESSITY WOULD BE SERVED BY THE ISSUANCE OF ALCOHOLIC BEVERAGE CONTROL LICENSE TYPE 20 FOR HYPHEN, A CRAFT BEER AND ORGANIC WINE SHOP LOCATED AT 1007 NORTH PALM CANYON DRIVE WITHIN CENSUS TRACT NUMBER 446.06.” Item 1A - 28 City Council Minutes September 30, 2021 City of Palm Springs Page 9 EXCLUDED CONSENT CALENDAR ITEMS: K. AGREEMENT BETWEEN PALM SPRINGS UNIFIED SCHOOL DISTRICT AND CITY OF PALM SPRINGS FOR LAW ENFORCEMENT SERVICES FROM PALM SPRINGS POLICE DEPARTMENT FOR SCHOOL RESOURCE OFFICER City Manager Clifton and Acting Police Chief Desmarais presented the staff report and responded to City Council inquiries. By consensus, the City Council requested that a school district representative attend the next City Council meeting to participate in the discussion on this item. P. REQUEST BY THE PALM SPRINGS POLICE OFFICERS’ ASSOCIATION FOR APPROVAL OF AN ART MURAL ON THE EXISTING BUILDING AT 169 NORTH INDIAN CANYON DRIVE (CASE 21-003 MUR) Councilmember Kors encouraged the community to attend the unveiling of the memorial mural for Officers Gil Vega and Lesley Zerebny. MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 5-0, to: 1. Approve the application, subject to a recommendation for approval of the application by the Public Arts Commission, and the issuance of a Certificate of Appropriateness by the Historic Site Preservation Board. 2. Adopt Resolution No. 24940 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ART MURAL BY ARTIST MICHAEL ANGELO HERNANDEZ ON THE SOUTH WALL OF THE TOWN & COUNTRY COMPLEX A 169 NORTH INDIAN CANYON DRIVE (CASE 21-003 MUR).” 2. PUBLIC HEARINGS: A. PS COUNTRY CLUB, LLC FOR AN AMENDMENT OF THE DEVELOPMENT AGREEMENT FOR SERENA PARK – A RESIDENTIAL DEVELOPMENT CONSISTING OF (386) ATTACHED AND DETACHED RESIDENTIAL UNITS, OPEN SPACE, STREETS, AND PARK SPACE ON 126-ACRES OF LAND PREVIOUSLY OPERATED AS A GOLF COURSE GENERALLY LOCATED EAST OF SUNRISE WAY, NORTH OF VERONA ROAD AND SOUTHWEST OF THE WHITEWATER RIVER WITHIN SECTIONS 1 AND 36 (CASE #5.1327 DA AMEND) Director of Development Services Fagg narrated a PowerPoint presentation and responded to City Council inquiries. Item 1A - 29 City Council Minutes September 30, 2021 City of Palm Springs Page 10 Mayor Holstege opened the public hearing. Eric Taylor, applicant, spoke on efforts to maintain the property, work with the adjacent neighbors, and undergrounding of utilities; spoke on the challenges associated creating a third access point to the development. Gary Canady, suggested adding a dog park to the development to be named the Bob Hope Memorial Dog Park. James Green, urged the City Council to mandate a third access point to the development. Mark Allen, applicant’s attorney, asserted that they are not asking for an amendment to the Development Agreement, but rather an acknowledgment that the request to delay a fee payment and timelines are consistent with the existing agreement. Corrine Griswold expressed concerns regarding increases in cut-through traffic due to the proposed development and spoke in support of having a third access point. Ross Brodie, urged City Council to mandate a third access point to the development. Kathy Weremiuk, spoke on the Planning Commission’s deliberations relative to this project; recommended that the City Council require a third access point and require the developer to pay the required fees. Jim McDevitt, expressed concerns regarding increased drive-through traffic in his neighborhood and urged City Council to require a third access point. Denise Jenssen-Eager, urged the City Council to approve the Planning Commission’s recommendation. Mark Lindquist expressed concern regarding cut-through traffic and requested that the City Council adopted the recommended actions. Brock Bennett voiced support for a third access point into the development. Eric Taylor, applicant, requested that the City Council not require a third access point; asserted that the Planning Commission’s recommendations were not part of the original development agreement. In response to City Council inquiry, Mr. Taylor agreed to pay $500,000 of the development fee by November 1, 2021. Mayor Holstege closed the Public Hearing, there being no others desiring to speak. In response to City Council inquiry, Dan Faina, Williams Homes, spoke on the company’s intent to purchase the subject property; advised that it is their intent to commence construction in 2022. Item 1A - 30 City Council Minutes September 30, 2021 City of Palm Springs Page 11 Following discussion, MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to introduce Ordinance No. 2051 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF CITY OF PALM SPRING CALIFORNIA, AMENDING SECTION 94.08.09 OF THE PALM SPRINGS ZONING CODE AND APPROVING A DEVELOPMENT AGREEMENT AMENDMENT WITH PS COUNTRY CLUB, LLC, RELATED TO THE SERENA PARK PROJECT PERFORMANCE SCHEDULE FOR CONSTRUCTION, THE DEVELOPMENT AGREEMENT FEE PAYMENT DATE, AND OTHER MINOR REVISIONS RELATED TO THE CONVERSION OF THE PALM SPRINGS COUNTRY CLUB GOLF COURSE INTO 386 RESIDENTIAL UNITS LOCATED NORTH OF VERONA ROAD, EAST OF SUNRISE WAY AND SOUTHWEST OF THE WHITEWATER RIVER WASH (CASE 5.1427 DA AMENDMENT),” with direction to staff as outlined below. City Clerk Mejia read the ordinance by title. a. The City would require $500,000 payable on November 1, 2021, with the balance of $2.5 million payable on November 1, 2022. b. The applicant and City staff will develop a maintenance and security plan and a third access point for the property within thirty days for City Council for review and approval on the Consent Calendar. MEETING RECESS The City Council recessed at 9:00 p.m. and reconvened at 9:10 p.m., with all members present. B. AN APPLICATION BY THE CITY OF PALM SPRINGS FOR HISTORIC DESIGNATION OF “THE ROBERT ALEXANDER RESIDENCE” (AKA “THE HOUSE OF TOMORROW”) LOCATED AT 1350 LADERA CIRCLE, (APN #505- 082-026), CASE HSPB #136 Director of Development Services Fagg presented the staff report. Mayor Holstege opened the public hearing. Dan Bridge, representing the property owners, spoke in support of the historic designation and urged City Council approval. Mayor Holstege closed the Public Hearing, there being no others desiring to speak. MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24942 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING “THE ROBERT ALEXANDER RESIDENCE” LOCATED AT 1350 LADERA CIRCLE, AS A CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB #136, SUBJECT TO CONDITIONS (APN 505-082-026).” Item 1A - 31 City Council Minutes September 30, 2021 City of Palm Springs Page 12 C. AN APPLICATION BY MICHAEL JOHNSTON AND DAVID ZIPPEL, OWNERS, FOR HISTORIC DESIGNATION OF “THE GOLDBERG RESIDENCE” LOCATED AT 2340 SOUTHRIDGE DRIVE (APN #510-250-006), CASE HSPB #135) Director of Development Services Fagg presented the staff report. Mayor Holstege opened the public hearing. David Zippel, Applicant, offered to respond to questions from City Council. Mayor Holstege closed the Public Hearing, there being no others desiring to speak. MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to adopt Resolution No. 24943 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING “THE GOLDBERG RESIDENCE” LOCATED AT 2340 SOUTHRIDGE DRIVE, AS CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB #135, SUBJECT TO CONDITIONS (APN 510-250-006).” D. REQUEST BY PS SOCIAL GROUP, INC FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) FOR A TYPE 20 PACKAGE STORE (HYPHEN) FOR A CARRY-OUT CRAFT BEER AND ORGANIC WINE SHOP LOCATED AT 1007 NORTH PALM CANYON DRIVE, ZONE C-1 (CASE 5.1535 PCN) This agenda was amended to reorder this item as Consent Item 1Q. E. ADOPT A RESOLUTION APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND ALOE PALM CANYON L.P., FOR THE DEVELOPMENT OF CERTAIN REAL PROPERTY LOCATED AT 1479 N. PALM CANYON DRIVE IN PALM SPRINGS, CALIFORNIA (APN 505-182-010), ALLOCATING $400,000 IN HOUSING SUCCESSOR AGENCY FUNDS, AND DECLARING THE PROPERTY “EXEMPT SURPLUS LAND” Community and Economic Development Director Virata presented the staff report. Mayor Holstege opened the public hearing. Rob Bergstein, spoke in support of the proposed project. Kathy Weremiuk voiced her support for this project and noted the need for more affordable housing in Palm Springs. Mayor Holstege closed the Public Hearing, there being no others desiring to speak. Item 1A - 32 City Council Minutes September 30, 2021 City of Palm Springs Page 13 MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: 1. Adopt Resolution No. 24944 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND ALOE PALM CANYON L.P., FOR THE DEVELOPMENT OF CERTAIN REAL PROPERTY LOCATED AT 1479 N. PALM CANYON DRIVE IN PALM SPRINGS, CALIFORNIA (APN 505-182-010), ALLOCATING $400,000 IN HOUSING SUCCESSOR AGENCY FUNDS, AND DECLARING THE PROPERTY “EXEMPT SURPLUS LAND.” 2. Authorize the City Manager to execute all necessary documents and implement the sale of City-owned property with APN 505-182-010. 3. LEGISLATIVE: None. 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: A. ACCEPT DONATION OF ARTWORK ENTITLED “PALM SPRINGS AIDS MEMORIAL” BY ARTIST PHILLIP K. SMITH, III, AND APPROVE PLACEMENT IN DOWNTOWN PARK Community and Economic Development Director Virata presented the staff report. MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to: 1. Accept donation of the public art piece “Palm Springs AIDS Memorial” by artist Phillip K. Smith, III, and approve its placement in the City’s Downtown Park. 2. Authorize the City Manager to execute all necessary documents. Item 1A - 33 City Council Minutes September 30, 2021 City of Palm Springs Page 14 B. FISCAL YEAR 2020-2021 GENERAL FUND REVIEW AND FISCAL YEAR 2021- 2022 BUDGET UPDATE Director of Finance Pauley narrated a PowerPoint presentation and responded to City Council inquiries. Following discussion, MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to: 1. Amend the FY 2021/22 Budget, increasing General Fund budgeted revenue by $7,400,000 to $134,956,424; increasing Measure J budgeted revenue by $1,300,000 to $17,800,000; and appropriating an additional $6,486,549 for various expenditures. 2. Amend the FY 2021/22 Allocated Positions and Compensation Plan, revising the “Frozen and Unfunded” allocated position list to fund the remaining twenty-three positions currently vacant due to the reduction in force implemented in FY 2019/20. C. DISCUSS NEW SCOPE OF SERVICES FOR SOLID WASTE, RECYCLING, AND ORGANIC WASTE COLLECTION SERVICES IN THE CITY OF PALM SPRINGS TO ADDRESS THE REQUIREMENTS OF SB 1383 REGULATIONS Sustainability Manager Tallarico narrated a PowerPoint presentation and responded to City Council inquires. The City Council discussed the timeframe for community input, the need to review the existing franchise agreement, the definition of community composting, and the need for additional information about the state’s new requirements. The City Council took no formal action on this matter. D. JOINT ITEM OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS AND THE PALM SPRINGS FINANCING AUTHORITY: AUTHORIZE ISSUANCE OF LEASE REVENUE REFUNDING BONDS, 2021 SERIES B (CONVENTION CENTER REFINANCING) AND EXECUTION OF RELATED DOCUMENTS Municipal Financial Advisor Harrell narrated a PowerPoint presentation. MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to: 1. Acting as the City Council, adopt Resolution No. 24938 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS AUTHORIZING PROCEEDINGS AND AGREEMENTS RELATING TO THE REFINANCING OF THE ACQUISITION OF AND CONSTRUCTION OF IMPROVEMENTS FOR THE CONVENTION CENTER, APPROVING ISSUANCE AND SALE OF BONDS BY THE CITY OF PALM SPRINGS FINANCING AUTHORITY, APPROVING AN OFFICIAL STATEMENT AND AUTHORIZING OFFICIAL ACTIONS." (City Council action continued on the next page) Item 1A - 34 City Council Minutes September 30, 2021 City of Palm Springs Page 15 2. Acting as the Financing Authority Board, adopt Resolution No. FA-45 entitled, “A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF PALM SPRINGS FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF ITS REFUNDING REVENUE BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $60,000,000 IN CONNECTION WITH THE REFINANCING OF THE ACQUISITION AND CONSTRUCTION OF PUBLIC CAPITAL IMPROVEMENTS FOR THE CONVENTION CENTER, AUTHORIZING AND DIRECTING EXECUTION OF AN INDENTURE OF TRUST AND AN AMENDED AND RESTATED LEASE AGREEMENT, AN AMENDED AND RESTATED SITE LEASE, ESCROW DEPOSIT AND TRUST AGREEMENT AUTHORIZING THE SALE OF THE BONDS AND AN OFFICIAL STATEMENT AND AUTHORIZING OFFICIAL ACTIONS AND EXECUTION OF RELATED DOCUMENTS.” 3. Accept professional services proposal from Norton Rose Fulbright LP for disclosure counsel services. 4. Designate Stifel Nicolaus & Company, Incorporated to serve as underwriter. 5. Authorize the City Manager and Director of Finance & Treasurer to execute all necessary documents. PUBLIC COMMENT ON NON-AGENDA ITEMS: Jacob Simon, voiced concern that he is required to obtain a permit to use a megaphone during VillageFest. CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA: Councilmember Woods suggested that the discussion on the General Plan update may move forward on the City Council meeting of October 14, 2021. ADJOURNMENT: The City Council adjourned at 10:55 p.m. Respectfully submitted, Anthony J. Mejia, MMC City Clerk APPROVED BY CITY COUNCIL: __/__/2021 Item 1A - 35 Thursday, October 14, 2021 Minutes of the Regular Meeting of the City Council of the City of Palm Springs Pursuant to Assembly Bill 361 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, October 14, 2021, at 5:45 p.m. PLEDGE OF ALLEGIANCE: Mayor Holstege 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; 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 RECOGNIZING THE 50TH ANNIVERSARY OF THE FRIENDS OF PALM SPRINGS LIBRARY PRESENTED TO PRESIDENT NANCY MORRISON •UPDATE ON THE UNVEILING OF THE FALLEN OFFICERS MEMORIAL MURAL FOR OFFICER JOSE "GIL" VEGA AND OFFICER LESLEY ZEREBNY •COMMUNITY INVITATION TO THE DOWNTOWN PARK GRAND OPENING ON OCTOBER 21, 2021 •PRESENTATION BY NICK BUETTNER ON THE BLUE ZONE INITIATIVE •COVID-19 CASE AND WASTEWATER TESTING UPDATE Item 1A - 36 City Council Minutes October 14, 2021 City of Palm Springs Page 2 ACCEPTANCE OF THE AGENDA: MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 5-0, to remove Consent Calendar Item No. 1C for separate discussion and delete Item 1D from the agenda. REPORT OF CLOSED SESSION: The Regular Closed Session of the City Council of October 14, 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 – MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2): Four (4) 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: Portion of Airport Property, APN 502-100-030, Palm Springs Portion of Airport Property, 2901 E. Alejo Rd., Palm Springs Agency: City of Palm Springs City Negotiator: Justin Clifton, City Manager Negotiating Parties: Coachella Valley Economic Partnership, Garland Commercial Group, on behalf of Palm Springs Aviation Academy Under Negotiation: Price and Terms Property Description: 3589 McCarthy Road, Palm Springs 92234 (APN 669-420-019 Agency: City of Palm Springs City Negotiator: Justin Clifton, City Manager Negotiating Parties: Fred Noble Under Negotiation: Price and Terms of Payment Item 1A - 37 City Council Minutes October 14, 2021 City of Palm Springs Page 3 Property Description: Palm Springs Airport Property Agency: City of Palm Springs City Negotiator: Justin Clifton, City Manager Negotiating Parties: Air Canada, American, Alaska, Delta, Southwest, United, WestJet 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, Human Resources Director Melissa Desmarais, Acting Chief of Police Peter Brown, City Labor Negotiator Employee Organizations: Management Association of Palm Springs Palm Springs Firefighters Association Palm Springs Fire Management Palm Springs Police Management Association All Unrepresented Employees City Attorney Ballinger reported that the City Council received briefings and provided direction to staff regarding the agendized Closed Session Items but did not take any reportable action. PUBLIC TESTIMONY: The following individuals spoke on Item 5B, urging the City Council to modify the waste hauler franchise agreement to support the creation of a community composting site within Palm Springs: • Bailey Preston • Abbey Winston • Janet Nelson • Courtney Brown The following individuals spoke on Item 5C, urging the City Council to keep the Tour de Palm Springs on Palm Canyon Drive: • Brian Ingleson • Debra Griffith • Sofia Campos CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS: Councilmember Kors reported on his attendance at regional meetings and requested that the City Attorney review the legality of billboards displaying advertisements for cannabis businesses. Mayor Pro Tem Middleton requested that staff agendize discussion related to Assembly Bill 43; reported on her attendance at various meetings and events; encouraged residents to learn more about a new clinical study office in Palm Springs. Item 1A - 38 City Council Minutes October 14, 2021 City of Palm Springs Page 4 Councilmember Woods provided an update on the Coachella Valley signal synchronization project and the activities of the Coachella Valley Conservation Commission. Councilmember Garner encouraged residents to get their flu vaccine; invited residents to participate in the upcoming District 1 Town Hall meeting. Mayor Holstege invited residents to the CV Link Grand Opening and to participate in the upcoming City Council Subcommittee Business Retention meeting. 1. CONSENT CALENDAR: MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to approve the consent calendar, with the removal of Item No. 1C for separate discussion. A. APPROVAL OF MINUTES MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to approve the City Council Meeting Minutes of June 10 and |June 24, 2021. B. APPROVE AN AGREEMENT WITH AEROCLOUD SYSTEMS, INC. TO PROVIDE A MULTI-PLATFORM WEB-HOSTED AIRPORT OPERATIONS DATABASE SERVICE AT PALM SPRINGS INTERNATIONAL AIRPORT MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to: 1. Approve an agreement with AeroCloud Systems, Inc. to provide a multi-platform web- hosted Airport Operations Database in the amount of $90,985 for a three-year term with two one-year options at an annual cost of $29,000, for a total amount of $148,985 for a five-year period. A8980 2. Authorize the City Manager or his designee to execute all necessary documents. C. REQUEST BY EPSTEIN GLOBAL ARCHITECTURE ON BEHALF OF JUSHI PS HOLDINGS LLC FOR A MINOR ARCHITECTURAL APPLICATION FOR EXTERIOR IMPROVEMENTS TO AN EXISTING CANNABIS DISPENSARY LOCATED AT 4765 EAST RAMON ROAD(CASE 3.4280 MAA), ZONE M1, APN #680-101-028 This item was excluded from the Consent Calendar. Please refer to Page 6 of these minutes for a summary of that action. Item 1A - 39 City Council Minutes October 14, 2021 City of Palm Springs Page 5 D. APPROVE AN AGREEMENT WITH ABBE & ASSOCIATES FOR TECHNICAL AND COMPLIANCE ASSISTANCE SUPPORT SERVICES FOR BUSINESSES RELATIVE TO FOOD WARE AND FOOD WASTE REQUIREMENTS, AND APPROVE AN APPROPRIATION OF $50,000 FOR SUSTAINABILITY SCHOLARSHIPS PROGRAM This item was deleted from the agenda. E. REQUEST BY DAVID W. SEWHUK AND ROSALIND M. ORZEL, OWNERS, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 360 CABRILLO ROAD UNIT 128-129, A CONTRIBUTING STRUCTURE IN THE RACQUET CLUB COTTAGES WEST HISTORIC DISTRICT (APN #504-131-030), (HSPB#88 / HD-3) MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to: 1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs, David W. Sewhuk and Rosalind M. Orzel, and the Racquet Club Cottages West Homeowners Association. A8981 2. Authorize the City Manager to execute the Agreement. 3. Direct the City Clerk to record the Agreement with the County of Riverside. F. AUTHORIZE ISSUANCE OF A LETTER TO THE COUNTY OF RIVERSIDE REGARDING DRAFT MAPS FOR COUNTY SUPERVISORIAL DISTRICTS MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to authorize the issuance of a letter to the County of Riverside regarding draft maps for County Supervisorial districts. G. UPDATE ON SOCIALLY RESPONSIBLE INVESTING (SRI) AND ENVIRONMENTAL, SOCIAL GOVERNANCE INVESTING (ESG) MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to receive and file the update on Socially Responsible Investing (SRI) and Environmental, Social Governance Investing (ESG). Item 1A - 40 City Council Minutes October 14, 2021 City of Palm Springs Page 6 H. SECOND READING AND ADOPTION OF ORDINANCE NO. 2051 OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 94.08.09 OF THE PALM SPRINGS ZONING CODE AND APPROVING A DEVELOPMENT AGREEMENT AMENDMENT WITH PS COUNTRY CLUB, LLC, RELATED TO THE SERENA PARK PROJECT PERFORMANCE SCHEDULE FOR CONSTRUCTION, THE DEVELOPMENT AGREEMENT FEE PAYMENT DATE, AND OTHER MINOR REVISIONS RELATED TO THE CONVERSION OF THE PALM SPRINGS COUNTRY CLUB GOLF COURSE INTO 386 RESIDENTIAL UNITS LOCATED NORTH OF VERONA ROAD, EAST OF SUNRISE WAY AND SOUTHWEST OF THE WHITEWATER RIVER WASH (CASE 5.1427 DA AMENDMENT) MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to adopt Ordinance No. 2051 entitled “AN ORDINANCE OF THE CITY COUNCIL OF CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 94.08.09 OF THE PALM SPRINGS ZONING CODE AND APPROVING A DEVELOPMENT AGREEMENT AMENDMENT WITH PS COUNTRY CLUB, LLC, RELATED TO THE SERENA PARK PROJECT PERFORMANCE SCHEDULE FOR CONSTRUCTION, THE DEVELOPMENT AGREEMENT FEE PAYMENT DATE, AND OTHER MINOR REVISIONS RELATED TO THE CONVERSION OF THE PALM SPRINGS COUNTRY CLUB GOLF COURSE INTO 386 RESIDENTIAL UNITS LOCATED NORTH OF VERONA ROAD, EAST OF SUNRISE WAY AND SOUTHWEST OF THE WHITEWATER RIVER WASH (CASE 5.1427 DA AMENDMENT).” EXCLUDED CONSENT CALENDAR ITEMS: C. REQUEST BY EPSTEIN GLOBAL ARCHITECTURE ON BEHALF OF JUSHI PS HOLDINGS LLC FOR A MINOR ARCHITECTURAL APPLICATION FOR EXTERIOR IMPROVEMENTS TO AN EXISTING CANNABIS DISPENSARY LOCATED AT 4765 EAST RAMON ROAD(CASE 3.4280 MAA), ZONE M1, APN #680-101-028 Mayor Holstege announced her recusal due to a potential conflict of interest related to her source of income and left the meeting. Director of Development Services Fagg presented the staff report and responded to City Council inquiries. By consensus, the City Council requested that the Architectural Advisory Committee reconsider the building’s exterior façade improvements. Item 1A - 41 City Council Minutes October 14, 2021 City of Palm Springs Page 7 MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER KORS, CARRIED 4-0 (MAYOR HOLSTEGE RECUSED), to adopt Resolution No. 24945 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MINOR ARCHITECTURAL REVIEW APPLICATION (CASE NO. 3.4280 MAA) FOR EXTERIOR IMPROVEMENTS TO AN EXISTING CANNABIS DISPENSARY LOCATED AT 4765 EAST RAMON ROAD.” Mayor Holstege returned to the meeting. 2. PUBLIC HEARINGS: None. 3. LEGISLATIVE: A. ADOPTION OF A RESOLUTION UPDATING THE CITY OF PALM SPRINGS ADMINISTRATIVE FINE SCHEDULE TO ESTABLISH FINE AMOUNTS FOR VIOLATIONS OF THE CANNABIS REGULATIONS CONTAINED IN PALM SPRINGS MUNICIPAL CODE CHAPTER 5.55 Mayor Holstege announced her recusal due to a potential conflict of interest related to her source of income and left the meeting. Director of Special Program Compliance Goedhart narrated a PowerPoint presentation and responded to City Council inquiries. Following discussion, MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 4-0 (MAYOR HOLSTEGE RECUSED), to adopt Resolution No. 24946 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPDATING THE ADMINISTRATIVE FINE SCHEDULE TO ESTABLISH FINE AMOUNTS FOR VIOLATIONS OF THE CANNABIS REGULATIONS CONTAINED IN PALM SPRINGS MUNICIPAL CODE," with the following amendment: a. “If any action or inaction qualifies under multiple fine amounts (i.e., could be categorized as a moderate violation or a serious violation, etc.) then whatever lesser higher fine amount is applicable shall be assessed.” Mayor Holstege returned to the meeting. Item 1A - 42 City Council Minutes October 14, 2021 City of Palm Springs Page 8 4. UNFINISHED BUSINESS: A. DISCUSSION OF CITY COUNCIL STRATEGIC PLANNING RETREAT City Manager Clifton presented the staff report and responded to City Council inquiries. The City Council agreed to hold the first session on November 20, 2021 and encouraged staff to schedule the second session soon thereafter. 5. NEW BUSINESS: A. AGREEMENT BETWEEN PALM SPRINGS UNIFIED SCHOOL DISTRICT AND CITY OF PALM SPRINGS FOR LAW ENFORCEMENT SERVICES FROM PALM SPRINGS POLICE DEPARTMENT FOR SCHOOL RESOURCE OFFICER City Manager Clifton introduced Palm Springs Unified School District Superintendent Swize who presented the staff report and responded to City Council inquiries. During the course of the discussion, members of the City Council expressed concern regarding the use of Local Control and Accountability Plan (LCAP) funding for reimbursement of the School Resource Officer (SRO). Councilmember Garner noted that residents of her district are concerned about the placement of SROs in schools, citing that black students are subject to a disproportionate amount of discipline. By consensus, the City Council agreed: 1) that the City of Palm Springs will not accept Local Control and Accountability Plan (LCAP) funds from the school district as reimbursement, 2) that the agreement renewal should be agendized for discussion and a school district representative should be invited to the City Council meeting. MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER WOODS, CARRIED 4-1 (COUNCILMEMBER GARNER VOTING NO), to: 1. Approve an agreement between the Palm Springs Unified School District and the City of Palm Springs to provide a full-time police officer (School Resource Officer) on the campus of Palm Springs High School and Desert Learning Academy for one year, expiring at the end of the 2021/2022 school year. A8982 2. Authorize the City Manager to execute all necessary documents. MEETING RECESS The City Council recessed at 8:30 p.m. and reconvened at 8:45 p.m., with all members present. Item 1A - 43 City Council Minutes October 14, 2021 City of Palm Springs Page 9 B. CONSIDER AN EXTRAORDINARY RATE ADJUSTMENT REQUEST AND AN ANNUAL RATE ADJUSTMENT PROPOSAL FOR SOLID WASTE AND RECYCLING COLLECTION SERVICES Sustainability Manager Tallarico presented the staff report and responded to City Council inquiries. Mayor Holstege expressed concerns about moving forward with an extraordinary rate adjustment when other matters related to the franchise agreement need to be resolved, suggesting that all matters should be addressed holistically. Councilmember Woods expressed concern that the rate increase is proportionately more for economy trash service than walk-in rates and requested more information in the future. MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 4-1 (MAYOR HOLSTEGE VOTING NO), to: 1. Approve an extraordinary rate adjustment for Palm Springs Disposal Services to address unanticipated costs associated with recycling and waste management. 2. Approve the current year standard rate adjustment for the period of July 1, 2021, through June 30, 2022. 3. Authorize the City to conduct a Public Hearing in accordance with Proposition 218 to get resident approval for these increases. C. DISCUSSION OF TOUR DE PALM SPRINGS 2022 EVENT Special Events Manager Waits narrated a PowerPoint presentation of the 2022 Tour De Palm Springs event. By consensus, the City Council agreed that the Tour De Palm Springs should remain on Palm Canyon Drive and requested that staff and stakeholders meet to discuss ways to mitigate impacts to nearby businesses. PUBLIC COMMENT ON NON-AGENDA ITEMS: Jaclyn Aviles, invited the City Council to the open house event for the Think Together After-School Program. Jackie Lopez, invited the City Council and public to an open house for Green Savants. Item 1A - 44 City Council Minutes October 14, 2021 City of Palm Springs Page 10 CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT: Councilmember Kors requested staff agendize potential amendments to the Public Integrity Ordinance and consideration of issuing a letter to the Attorney General to investigate claims by the ACLU against the Riverside County Sheriff’s Department. ADJOURNMENT: The City Council adjourned at 10:27 p.m. Respectfully submitted, Anthony J. Mejia, MMC City Clerk APPROVED BY CITY COUNCIL: __/__/2021 Item 1A - 45