HomeMy WebLinkAbout2021-09-09 CC MINUTESThursday, 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
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 circumstanc es, 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
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.
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.
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.
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.
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”).
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.
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.
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.
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.
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)
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.
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.
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.
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.
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."
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.
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.
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: 01/13/2022