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HomeMy WebLinkAbout1A OCRThursday, November 12, 2020 Minutes of the Regular Meeting of the City Council & Financing Authority of the City of Palm Springs Pursuant to Executive Order N-29-20, by Governor Newsom, this meeting was conducted by teleconference and there was no in-person public access to the meeting location. CALL TO ORDER: A Regular Meeting of the Palm Springs City Council and Financing Authority was called to order by Mayor Kors on Thursday, November 12, 2020, at 5:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Kors led the Pledge of Allegiance. ROLL CALL: Present: Absent: City Staff Present: Councilmembers Grace Elena Gamer, Lisa Middleton, Dennis Woods; Mayor Pro Tern Christy Holstege; and Mayor GeoffKors None. David H. Ready, City Manager; Jeffrey Ballinger, City Attorney; Marcus Fuller, Assistant City Manager; and Anthony J. Mejia, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PRESENTATIONS: • PROCLAMATION FOR THE 15™ ANNIVERSARY OF ONE-PS (ORGANIZED NEIGHBORHOODS OF PALM SPRINGS) Councilmember Middleton presented a Proclamation to Kathy Cohen, Chair, in recognition of the 15 th Anniversary of One-PS. Denise Goolsby, Neighborhoods Manager, presented plaques to Kathy Cohen and Bob Farren in recognition of their service to One-PS. • COVID-19 CASE UPDATE Emergency Management Coordinator DeSelms presented an update on COVID-19 cases in Riverside County and addressed hospitalizations and new State testing sites. ACCEPTANCE OF THE AGENDA: MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to remove Consent Calendar Item No. lE for separate discussion. ~~ 4 f:r-..,1 NO. £QNS£Nf i ~ City Council Minutes November 12, 2020 REPORT OF CLOSED SESSION: The Regular Closed Session of the City Council of November 12, 2020, was called to order by Mayor Kors at 3 :00 p.m., with all members present. The meeting convened into Closed Session to discuss the following items as listed on the Regular Closed Session Meeting Agenda: CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION, Pursuant to Government Code Section 54956.9(d)(l): City of Palm Springs v. O&M HR, LLC, et al (Prairie Schooner} Case No. PSC 1701804, Superior Court of the State of California, County of Riverside CONFERENCE WITH LEGAL COUNSEL -MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2): Five (5) matters that, under the existing circumstances, the City Attorney believes create significant exposure to litigation CONFERENCE WITH LEGAL COUNSEL -DISCUSSION TO CONSIDER INITIATION OF LITIGATION, Pursuant to Government Code Section 54956.9(d)(4): Under existing facts and circumstances, there are three (3) matters the City Council has decided or may decide to initiate litigation. PUBLIC EMPLOYEE RECRUITMENT, Pursuant to Government Code Section 54957 : Employee: City Manager (Recruitment) CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54956.8: Property Description: Agency : City Negotiator: Negotiating Parties: Under Negotiation: Property Description: Agency: City Negotiator: Negotiating Parties: Under Negotiation: City of Palm Springs 225 El Cielo Road, Palm Springs, CA 92262 City of Palm Springs David H. Ready, City Manager or Designee Tom Kirk, Coachella Valley Assn. of Governments Price and Terms of Payment Portion of the south half of public right-of-way for 16th A venue between Diab lo Road and Melissa Road City of Palm Springs David H. Ready, City Manager or Designee D & E Land Company, LLC Price and Terms of Payment Page 2 City Council Minutes November 12, 2020 Property Description: Agency: City Negotiator: Negotiating Parties: Under Negotiation: 2901 E. Alejo Road, Palm Springs, CA 92262 City of Palm Springs David H. Ready, City Manager or Designee Coachella Valley Economic Partnership Price and Terms of Payment CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957.6: City Negotiator: Employee Organizations: David Ready, City Manager or Designee Perry Madison, Director of Human Resources Bryan Reyes, Chief of Police Peter Brown, Attorney Management Association of Palm Springs Palm Springs Firefighters Association Palm Springs Fire Management Palm Springs Police Management Association Palm Springs Police Officers Association Public Employees Association of Palm Springs All Unrepresented Employees City Attorney Ballinger reported that the City Council received briefings and provided direction to staff regarding the agendized Closed Session Items but did not take any reportable action. PUBLIC TESTIMONY: Charlie Ervin, speaking on Item lAA, urged the City Council to ensure that applicants are appropriately qualified to participate in the Social Equity Program. Ron Oden, speaking on Item lAA, suggested that the City Council enhance the Social Equity Program by providing grants and assisting applicants in securing bank loans or other financial support. The following individuals spoke in support of Item 4B, related to a proposed Community Workforce Agreement with trade councils and unions: Jimmy Elrod, representing the Southwest Carpenters Union Bill Perez, San Bernardino and Riverside Counties Building and Construction Trades Council Jacob Kleespies, representing Southwest Regional Council of Carpenters James Rush, representing IBEW Local Union 440 Vanessa Ingalls Laura Amezquith City of Palm Springs Page 3 City Council Minutes November 12. 2020 The following individuals voiced opposition to Item 48, related to a proposed Community Workforce Agreement with trade councils and unions: Eric Christen, representing the Coalition on Fair Employment in Construction Richard Markuson, representing the Western Electrical Contractors Association; the Plumbing, Heat and Cooling Contractors of California; the American Fire Sprinkler Association; and the Independent Roofing Contractors of California Raul Guedea, representing the Associated General Contractors of America Apprenticeship and Training Trust Ryan Wimpee, speaking on Item SA, representing Massflora, urged the City Council to approve the proposed cannabis dispensary and lounge; opined that the existing site conditions are blighted and that the proposed business would provide enhanced security and improve the area. The following individuals spoke in support to Item 58, related to the placement of the Forever Marilyn sculpture on Museum Way between Museum Drive and Belardo Road: Kathy Weremuik Jeffrey Bernstein, Owner, Destination PSP Nona Watson, CEO, Palm Springs Chamber of Commerce Bruce Hoban Celeste Brackley Steven Boswell David Feltman Jeny Keller Kristen Bloomer Joy Meredith Aftab Dada, representing PS Resorts Peggy Trott The following individuals spoke in opposition to Item 58, relating to the placement of the Forever Marilyn Sculpture on Museum Way between Museum Drive and Belardo Road: City of Palm Springs Page 4 City Council Minutes November 12, 2020 Louis Grachos, Director, Palm Springs Art Museum, urged the City Council to deny the placement of the Forever Marilyn sculpture near the Art Museum; asserting that the sculpture does not represent the values of Palm Springs. Lauren Wolfer. recommended that the City Council postpone the installation of the Forever Marilyn sculpture, noting that it will attract crowds during the COVID-19 pandemic. Araceli Palafox, speaking on Item SC, representing Lift to Rise, spoke on the need for additional funding for rental assistance programs, noting that CDBG funds are challenging to utilize due to its income verification requirements. CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS: Councilmember Middleton commended those involved with displaying the Pride Flag over City Hall in recognition of Palm Springs Pride Week; commended Mayor Pro Tern Holstege on her successful reelection campaign; spoke on her desire to create youth work-study programs in cooperation with local businesses; requested that staff evaluate potential bicycle and pedestrian safety improvements on East La Verne Way, South Palm Canyon Drive, South Toledo Avenue, and Murray Canyon Drive. Councilmember Woods congratulated Mayor Pro Tern Holstege on her reelection and expressed gratitude to Geoff Kors for his leadership as Mayor; expressed his support for the flying of the Pride Flag over City Hall and spoke on the virtual Gay Pride week events; congratulated the individuals and groups who worked towards the preservation of Oswit Canyon. Councilmember Gamer announced the installation of the Lawrence Crossley Drive street signs and requested that staff fix the Lawrence Crossley neighborhood sign. Mayor Pro Tern Holstege expressed gratitude for everyone's congratulations on her re-election campaign and congratulated Councilmember Middleton for her reelection to City Council; requested that staff reach out to the community regarding the Lawrence Crossley Drive name change. Mayor Kors congratulated Mayor Pro Tern Holstege and Councilmember Middleton on their reelection to City Council; announced that Oswit Canyon has closed escrow and will be preserved as open space in perpetuity; noted that a recent State law will impose campaign contribution limitations if a local agency does not enact their own regulations; requested that the City Attorney present campaign contribution regulation options at a future City Council meeting; requested that staff agendize Labor Peace Agreements for cannabis-related businesses for the next City Council meeting. City of Palm Springs Page 5 City Council Minutes November 12. 2020 1. CONSENT CALENDAR: MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to approve the consent calendar, with the removal ofltem No. IE for separate discussion. A. ACCEPTANCE OF $19,800 IN GRANT FUNDING FROM THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) TO ADDRESS THE SALES AND FURNISHING OF ALCOHOL TO MINORS AND TO FOCUS ON ABC LICENSEE EDUCATION AND COMPLIANCE MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to: 1. Adopt Resolution No. 24813 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING A GRANT FROM THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL IN THE AMOUNT OF $19,800 FOR ALCOHOL ENFORCEMENT." 2. Authorize the City Manager to execute any necessary documents. B. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY- HORN AND ASSOCIATES, INC., A NORTH CAROLINA CORPORATION, FOR THE HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) CYCLE 9 TRAFFIC SIGNAL IMPROVEMENTS, FEDERAL-AID PROJECT NO. HSIPL- 5282 (049) CITY PROJECT NO.18-05 MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to: 1. Approve a Professional Services Agreement with Kimley-Hom and Associates, Inc., a North Carolina corporation, in the amount of $248,329 for environmental and engineering design services for the Highway Safety Improvement Program (HSIP) Cycle 9 Traffic Signal Improvements, Federal-Aid Project No. HSIPL-5282 (049), City Project No. 18-05. A8620 2. Authorize the City Manager to execute all necessary documents. C. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID PARK RESTROOM CONSTRUCTION AT SUNRISE PARK, DEMUTH PARK AND DESERT HIGHLAND PARK, CITY PROJECTS 19- 13, 20-30 AND 20-31 MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to approve the plans, specifications and estimate; and authorize staff to advertise and solicit bids for Park Restroom Construction Projects at Sunrise Park, Demuth Park and Desert Highland Park, City Project Nos. 19-13, 20-30 and 20-31. City of Palm Springs Page 6 City Council Minutes November 12, 2020 D. ACCEPTANCE OF THE WELWOOD COURTYARD IMPROVEMENT PROJECT, CITY PROJECT NO. 16-02 MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to: 1. Accept the public works improvement identified as the Welwood Courtyard Improvement Project, City Project No. 16-02, as completed in accordance with the plans and specifications. 2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Welwood Courtyard Improvement Project, City Project No. 16-02. E. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO RE-BID THE 2020 SLURRY SEAL PROJECT, CITY PROJECT NO. 19-02 (RE-BID) This item was excluded from the Consent Calendar. Please refer to Page 15 of these minutes for a summary of that action. F. SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING A MANDATORY COMMERCIAL SOLID WASTE AND ORGANIC WASTE RECYCLING REQUIREMENT FOR CERTAIN BUSINESSES AND MULTIPLE- FAMILY RESIDENTIAL DWELLINGS MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to adopt Ordinance No. 2034 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 6.04 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO MANDATORY COMMERCIAL SOLID WASTE AND ORGANIC WASTE RECYCLING." G. SECOND AMENDMENT TO THE AIRPORT USE AND LEASE AGREEMENT FOR COMMERCIAL AIRLINE TENANTS AT PALM SPRINGS INTERNATIONAL AIRPORT MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to: 1. Approve an eighteen-months extension of the current Airport Use and Lease Agreement (AULA) commencing January 1, 2021, through June 30, 2022. 2. Authorize the City Manager to execute all necessary documents. City of Palm Springs Page 7 City Council Minutes November 12, 2020 H. AUTHORIZE AN INCREASE TO PURCHASE ORDER NO. 20-0738 IN THE AMOUNT OF $63,202 WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC., FOR THE PALM SPRINGS STORM DRAIN LINE 20, CITY PROJECT NO.19-15 MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to: 1. Authorize an increase to Purchase Order No. 20-0738 in the amount of $63,202 with the City's "on-call" civil engineering firm, Engineering Resources of Southern California, Inc., a California Corporation, pursuant to Agreement No. 6857, for the Palm Springs Storm Drain Line 20, City Project No. 19-15. A6857 2. Authorize the City Manager to execute all necessary documents. I. REQUEST BY HEIDI CREIGHTON, OWNER, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 1882 CALIENTE DRIVE, A SITE LISTED ON THE NATIONAL REGISTER OF HISTORIC PLACES (APN #511-032-005), (NR-13) 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 and Heidi Creighton. A8621 2. Authorize the City Manager to execute the Agreement. 3. Direct the City Clerk to record the Agreement with the County of Riverside . J. ACCEPTANCE OF THE FIRE SPRINKLER AND FIRE ALARM SYSTEM UPGRADE PROJECT AT THE WASTEWATER TREATMENT PLANT, CITY PROJECT NO. 20-14 MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to : 1. Accept the public works improvements identified in the Fire Sprinkler and Fire Alarm System Upgrade Project at the Wastewater Treatment Plant, City Project No. 20-14, as completed in accordance with the plans and specifications . 2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Fire Sprinkler and Fire Alarm System Upgrade Project at the Wastewater Treatment Plant, City Project No . 20-14. City of Palm Springs Page 8 City Council Minutes November 12. 2020 K. REQUEST BY JON R. ROBERTS, OWNER, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR THE CLIFTON DENTAL BUILDING, LOCATED AT 700 NORTH PALM CANYON DRIVE, A CONTRIBUTING STRUCTURE IN THE LAS PALMAS BUSINESS HISTORIC DISTRICT (APN #505-303-002), (HSPB #30 I HD-1) 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 and Jon R. Roberts. A8622 2. Authorize the City Manager to execute the Agreement. 3. Direct the City Clerk to record the Agreement with the County of Riverside L. REQUEST BY JASON EV ANS AND MARCUS WHITE, OWNERS, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 360 CARRILLO ROAD, UNIT 123, A CONTRIBUTING STRUCTURE IN THE RACQUET CLUB COTTAGES WEST HISTORIC DISTRICT (APN #504-131-027), (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 and Jason Evans and Marcus White and the Racquet Club Cottages West Homeowners Association for 360 Cabrillo Road, Unit 123 . A8623 2. Authorize the City Manager to execute the Agreement. 3. Direct the City Clerk to record the Agreement with the County of Riverside. M. APPROVAL OF ALL WAY STOP INTERSECTIONS ATV ARIOUS LOCATIONS WITHIN THE CITY OF PALM SPRINGS MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to: 1. Adopt Resolution No. 24815 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY ENGINEER TO ESTABLISH AN ALL-WAY STOP CONTROLLED INTERSECTION AT SOUTH CAMINO REAL AND EAST A VENIDA GRANADA, ROSA PARKS ROAD AND NORTH GRANADA AVENUE, ROSA PARKS ROAD AND EASTGATE ROAD, AND WEST TRAMVIEW ROAD AND NORTH GRANADA AVENUE, IN ACCORDANCE WITH SECTION 12.16.030 OF THE PALM SPRINGS MUNICIPAL CODE." 2. Authorize an expenditure of $37,500 from the Special Gas Tax Fund for installation of related improvements. City of Palm Springs Page 9 City Council Minutes November 12, 2020 N. REQUEST BY GREGORY MANGUM AND DENNIS TORRES, OWNERS, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 197 WEST MERITO PLACE, A CONTRIBUTING STRUCTURE IN THE MERITO MANOR HISTORIC DISTRICT (APN #505-302- 017), (HSPB #121 / HD-8) 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 and Gregory Mangum, Dennis Torres, and the Merito Manor Homeowners Association. A8624 2. Authorize the City Manager to execute the Agreement. 3. Direct the City Clerk to record the Agreement with the County of Riverside. 0. APPROVAL OF MEMORANDUM OF UNDERSTANDING FOR THE COACHELLA VALLEY SALT AND NUTRIENT MANAGEMENT PLAN MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to: 1. Approve the Memorandum of Understanding regarding Collaboration on the Coachella Valley Salt and Nutrient Management Plan. A8625 2. Authorize the City Manager to execute all necessary documents. P. APPROVAL OF A THREE-YEAR CONTRACT SERVICE AGREEMENT WITH CAL STRIPE, INC., IN THE AMOUNT OF $48,060 FOR RUNWAY RUBBER REMOVAL AT THE PALM SPRINGS INTERNATIONAL AIRPORT MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to: 1. Approve a contract service agreement with Cal Stripe, Inc., of Colton, California for runway surface rubber removal in the amount of $16,020.00 per year for a three-year period totaling $48,060.00, subject to CPI adjustment in year 2 and 3. A8626 2. Authorize the City Manager to execute all necessary documents. City of Palm Springs Page 10 City Council Minutes November 12, 2020 Q. APPROVAL OF A COOPERATIVE AGREEMENT WITH RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND FAR WEST INDUSTRIES, A CALIFORNIA CORPORATION, RELATED TO CONSTRUCTION OF REQUIRED FLOOD CONTROL AND DRAINAGE FACILITIES ASSOCIATED WITH TRACT MAP 36914 MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to: 1. Approve a Cooperative Agreement between the Riverside County Flood Control and Water Conservation District, the City of Palm Springs, and Far West Industries, a California corporation, associated with the construction, operation, and maintenance of flood control and drainage improvements, associated with Tract Map 36914. A8627 2. Authorize the City Manager to execute all necessary documents. R. REQUEST BY CRAIG BOUMAN, ON BEHALF OF GREENSKEEPERS, LLC, FOR MINOR ARCHITECTURAL REVIEW APPROVAL TO ALTER THE EXTERIOR ELEVATIONS OF AN EXISTING COMMERCIAL BUILDING FOR A NEW CANNABIS DISPENSARY, HITS STUDIO, LOCATED AT 155 SOUTH PALM CANYON DRIVE, SUITE Al (APN: 513-143-019), ZONE CBD, SECTION 15 (CASE NO. 3.1437 MAA) MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to approve the minor architectural review to alter the exterior elevations of an existing commercial building for a new cannabis dispensary, Hits Studio, located at 155 South Palm Canyon Drive, Suite Al. S. APPROVAL OF PAYROLL WARRANTS, CLAIMS, AND DEMANDS MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to adopt Resolution No. 24816 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 10-03-20 AND 10-17-20 TOTALING $3,284,768.74 AND ACCOUNTS PAYABLE WARRANTS DATED 10-01-2020 AND 10-15-2020 TOTALING $4,531,709.94, IN THE AGGREGATE AMOUNT OF $7,816,478 .68, DRAWN ON BANK OF AMERICA." City of Palm Springs Page 11 City Council Minutes November 12, 2020 T. REQUEST BY L. STANLEY DEEN AND DOUGLAS J. MACBETH, OWNERS, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 2244 EAST TAHQUITZ CANYON WAY, UNIT #8, A CONTRIBUTING STRUCTURE IN THE DESERT HOLLY HISTORIC DISTRICT (APN #505-085-008), (HSPB #117 / HD-7) 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 and L. Stanley Deen and Douglas J. MacBeth and the Desert Holly Homeowners Association. A8628 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 CARLOS CASTANO, OWNER, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 2244 EAST TAHQUITZ CANYON WAY, UNIT #14, A CONTRIBUTING STRUCTURE IN THE DESERT HOLLY HISTORIC DISTRICT (APN #505-085-013), (HSPB #117 / HD-7) 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 and Carlos Castano and the Desert Holly Homeowners Association. A8629 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 DIANE BALD, TRUSTEE FOR THE BODMAN FAMILY TRUST, OWNER, FOR APPROVAL OF MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR A CLASS 1 HISTORIC SITE LOCATED AT 515 WEST VIA LOLA ("THE KIRK DOUGLAS RESIDENCE", HSPB #118) 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 and the Budman Family Trust for the Kirk Douglas Residence, a Class 1 Historic Site (HSPB #118) located at 515 West Via Lola. A8630 2. Authorize the City Manager to execute the Agreement. 3. Direct the City Clerk to record the Agreement. City of Palm Springs Page 12 City Council Minutes November 12. 2020 W. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO RELEASE SUBDIVISION IMPROVEMENT SECURITIES FOR THE "ESCENA DEVELOPMENT -PALM SPRINGS CLASSIC, LLC, A DELA WARE LIMITED LIABILITY COMP ANY", TRACT MAP 32233-4 MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to adopt Resolution No. 24817 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING ACCEPTANCE OF THE SUBDIVISION IMPROVEMENTS ASSOCIATED WITH TRACT MAP 32233-4 AND AUTHORIZING RELEASE OF SECURITIES REQUIRED BY THE SUBDIVISION IMPROVEMENT AGREEMENT WITH PALM SPRINGS CLASSIC, LLC, A DELAWARE LIMITED LIABILITY COMPANY, (A5089), FOR PROPERTY LOCATED EAST OF GENE AUTRY TRAIL AND SOUTH OF VISTA CHINO, IN SECTION 7, TOWNSHIP 4 SOUTH, RANGE 5 EAST." A5089 X. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO RELEASE SUBDIVISION IMPROVEMENT SECURITIES FOR THE "ESCENA DEVELOPMENT -PALM SPRINGS CLASSIC, LLC, A DELA WARE LIMITED LIABILITY COMPANY", TRACT MAP 32233-1 MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to adopt Resolution No. 24818 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING ACCEPTANCE OF THE SUBDIVISION IMPROVEMENTS ASSOCIATED WITH TRACT MAP 32233-1 AND AUTHORIZING RELEASE OF SECURITIES REQUIRED BY THE SUBDIVISION IMPROVEMENT AGREEMENT WITH PALM SPRINGS CLASSIC, LLC, A DELAWARE LIMITED LIABILITY COMPANY, (A5086), FOR PROPERTY LOCATED ALONG THE EAST SIDE OF GENE AUTRY TRAIL AND SOUTH OF VISTA CHINO, IN SECTION 7, TOWNSHIP 4 SOUTH, RANGE 5 EAST." A5086 Y. ACCEPT A RESIGNATION FROM THE HUMAN RIGHTS COMMISSION MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to accept with regret the resignation of Peter Augustus Owen from the Human Rights Commission. City of Palm Springs Page 13 City Council Minutes November 12, 2020 Z. SUMMARY VACATION OF THE PORTION OF THE SOUTH HALF OF PUBLIC RIGHT-OF-WAY FOR 16TH AVENUE (44 FT. HALF-STREET WIDTH) LOCATED BETWEEN DIABLO ROAD AND MELISSA ROAD AND NORTH OF INTERSTATE 10 IN SECTION 9, TOWNSHIP 3, RANGE 4 EAST; ENGINEERING FILER 20-16-62450 MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to adopt Resolution No. 24819 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 THE PORTION OF THE SOUTH HALF OF PUBLIC RIGHT-OF-WAY FOR 16TH AVENUE (44 FT. HALF-STREET WIDTH) LOCATED BETWEEN DIABLO ROAD AND MELISSA ROAD AND NORTH OF INTERSTATE 10 IN SECTION 9, TOWNSHIP 3, RANGE 4 EAST; ENGINEERING FILER 20-16- 62450, AND APPROVING A DETERMINATION THAT THE ACTION IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)." AA. APPROVAL OF AN AMENDMENT OF THE CITY OF PALM SPRINGS CANNABIS SOCIAL EQUITY PROGRAM MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to adopt Resolution No. 24820 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE CANNABIS SOCIAL EQUITY PROGRAM TO AUTHORIZE GRANT FUNDS FOR ALL ELIGIBLE USES AS IDENTIFIED IN THE CALIFORNIA LOCAL EQUITY GRANT PROGRAM GRANT AGREEMENT." BB. CONSIDERATION AND APPROVAL OF AMENDMENT NO. 4 TO DESTINATION PALM SPRINGS AGREEMENT-PS RESORTS MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to : 1. Approve Amendment No. 4 to the Destination Palm Springs Agreement with PS Resorts. A6187 2. Authorize the City Manager to execute the amendment. City of Palm Springs Page 14 City Council Minutes November 12, 2020 CC. REQUEST BY CITY OF LOS ANGELES TO JOIN AN AMICUS CURIAE BRIEF, FILED ON BEHALF OF STATE OF NEW JERSEY, MEXICAN AMERICAN LEGAL DEFENSE AND EDUCATION FUND (MALDEF), AND OTHERS, TO DEFEND THE DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA) PROGRAM, IN TEXAS V. UNITED STATES OF AMERICA ET AL., U.S. DIST. CT., S. DIST. OF TEXAS, CASE NO. 1:18-CV-00068 MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to: 1. Approve the City of Palm Springs joining as amicus curiae brief filed by the City of Los Angeles in the following case: Texas v. United States, et al., U.S. Dist. Ct., S. Dist. of Texas, Case No. 1: 18-CV00068. 2. Authorize the City Attorney to sign on to such brief on behalf of the City of Palm Springs. EXCLUDED CONSENT CALENDAR: E. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO RE-BID THE 2020 SLURRY SEAL PROJECT, CITY PROJECT NO. 19-02 (RE-BID) In response to City Council inquiry, City Engineer Montalvo summarized the slurry seal process, noting that it is a cost-effective way to extend the life of street pavement. Councilmember Garner suggested that staff evaluate if additional streets can be slurry sealed based on available funding. MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM HOLSTEGE, CARRIED 5-0*, to approve the specifications and estimates, and authorize staff to re-advertise and solicit bids for the 2020 Slurry Seal, City Project No. 19-02 (Re-Bid). *Councilmember Middleton announced her recusal for the slurry seal on Biltmore Place, due to the proximity to her residence. City of Palm Springs Page 15 City Council Minutes November 12, 2020 2. PUBLIC HEARINGS: A. REQUEST FOR COUNCILMEMBER REVIEW OF AN ACTION TAKEN BY THE PLANNING COMMISSION TO DENY A REQUEST BY TOWER ENERGY GROUP FOR AN AMENDMENT TO THE COLLEGE PARK SPECIFIC PLAN TO CHANGE THE LAND USE DESIGNATION TO MIXED USE/MULTI-USE AND CONDITIONAL USE PERMITS TO ALLOW THE CONSTRUCTION OF A 5,343-SQUARE FOOT GROCERY STORE (CASE 5.1511 CUP) AND ACCOMPANYING FUELING STATION (CASE 5.1514 CUP) LOCATED AT 3299 NORTH INDIAN CANYON DRIVE, ZONE C-1, SECTION 3 Assistant Director of Planning Newell narrated a PowerPoint presentation. In response to City Council inquiry, Mr. Newell opined that the proposed project meets the definition of a "grocery store" under the Food Desert Overlay; advised that the applicant will install electric vehicle charging stations in compliance with City requirements. In response to City Council inquiry, City Attorney Ballinger advised that the City Council will be required to make a finding that the grocery store portion of the project qualifies under the Food Desert Overlay for it to move forward. Mayor Kors opened the Public Hearing. Mark Bassey & Nick Fullerton, representing Tower Market, urged the City Council to approve the proposed project, noting that there is a need for a neighborhood grocery store in the area; spoke on the architectural design of the project. Peter Moruzzi, Planning Commissioner, stated that the Planning Commission did not find that the proposed project meet the goals of the Food Desert Overlay; opined that there should be a require percentage of shelf and floor space dedicated to fresh foods; urged the City Council to uphold the decision of the Planning Commission. Raghda Zacharia, voiced support for the project, citing there is a high need for a neighborhood grocery store in the area; opined that the prices are in-line with other grocery stores. Deiter Crawford, opined that the proposed project does not qualify as a grocery store; voiced concerns about childhood obesity and the need for access to fresh and health food options. Joanne Crawford, urged the City Council to deny the proposed project. Charlie Ervin, expressed concern about the oversaturation of gas stations and liquor outlets in the immediate area; urged the City Council to deny the project. Bob Heinbaugh, suggested that the City Council curtail its approval of cannabis-related businesses and approve more family-oriented businesses such as the proposed project; spoke on the potential benefits the project will bring to the neighborhood. City of Palm Springs Page 16 City Council Minutes November 12, 2020 Ginny Foat, encouraged the City Council to approve the project. Paul Hinrichsen, spoke on the economic benefits of the project and urged City Council approval. Kathy Weremuik, Chair, Planning Commission, spoke on the Planning Commission's rationale for denying the project; advised that the Planning Commission did not conduct an architectural review of the project. Nick Bataglia, representing the Applicant, advised that Tower Market is working with a new supplier who will ensure the availability of fresh food items; advised that their prices are comparable to Ralphs' grocery stores. There being no others desiring to speak, Mayor Kors closed the Public Hearing. In response to City Council inquiries, Mr. Bassey advised that their economic projections would not support the elimination of the gas station or reduction of fueling bays to accommodate a larger grocery store; advised that they will hire 9-15 employees from the local community. Councilmember Middleton reported on her visit to other Tower Markets in the area; noted that she was impressed with the ease of access, layout, and cleanliness of the store; reported that the variety of fresh foods was limited and lacking; stated that she is struggling to make a finding that the project qualifies under the Food Desert Overlay. Councilmember Garner noted that the community does not trust Tower Market, noting that the applicant only recently sought input from the community; asserted that the project does not qualify under the Food Desert Overlay. Mayor Kors expressed concern on the viability of attracting a larger grocery store in the near future if the project is denied, pointing out that residents will still not have access to fresh foods. Mayor Pro Tern Holstege noted that the community has worked to attract a grocery store in the area for over 15 years; suggested that the City Council work with the applicant to get assurances about the availability of fresh foods on a consistent basis. Councilmember Woods expressed concern regarding reports of higher prices at Tower Markets and suggested that there be a commitment that the market will operate in a manner consistent with the Supplemental Nutrition Assistance Program (SNAP) requirements, have a minimum number of shopping carts, construct an outdoor pergola outside the dining area, accentuate the gas pumps, reorient the site layout to reduce the retention basin, add architectural lighting to place more emphasis on the market versus gas station, add bicycle racks, and review the parking layout; suggested that a specific percentage of floor space be dedicated to fresh fruits, vegetables, and meats. City of Palm Springs Page 17 City Council Minutes November 12. 2020 Following discussion, Councilmembers Gamer and Woods volunteered to work with staff and the applicant regarding the project. MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY MAYOR KORS, CARRIED 5-0, to close public testimony and continue the Public Hearing to the City Council meeting of December 10, 2020. RECESS/RECONVENE The City Council recessed at 9:28 p.m. and reconvened at 9:40 p.m. with all members present. B. NICHOLAS PEPPER, OWNER, REQUESTING CLASS 1 LANDMARK HISTORIC DESIGNATION OF "THE FRANZ ALEXANDER RESIDENCE" LOCATED AT 1011 WEST CIELO ROAD (APN 504-201-024) HSPB #132 Assistant Director of Planning Newell narrated a PowerPoint presentation and responded to City Council inquiries. Mayor Kors opened the Public Hearing. Steve Vaught, urged the City Council to approve the historic designation of "The Franz Alexander Residence." There being no others desiring to speak, Mayor Kors closed the Public Hearing. MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 24821 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING "THE DR. FRANZ ALEXANDER RESIDENCE" LOCATED AT 1011 WEST CIELO DRIVE, AS A CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB #132, SUBJECT TO CONDITIONS (APN 504-201-024)." C. ACTIONS RELATED TO THE ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICT NO. 2020-1 (CANYON VIEW), INCLUDING A LANDOWNER ELECTION, AUTHORIZATION TO INCUR BONDED INDEBTEDNESS OF UP TO $4,000,000 AND AN ORDINANCE AUTHORIZING THE LEVY OF A SPECIAL TAX City Clerk Mejia confirmed the Public Notice for this item was mailed and published in accordance with the law. Assistant City Manager Fuller presented the staff report and responded to City Council mqumes. Mayor Kors opened and closed the Public Hearing, there being no one desiring to speak. City of Palm Springs Page 18 City Council Minutes November 12, 2020 City Clerk Mejia stated there were no public comments and no written protests received on this item; noted that the Riverside County Registrar of Voters has certified there are no registered voters within the Community Facilities District; noted that the owner of all the taxable property in the district has consented to holding a special election on November 12, 2020; concurred that a special election may be heard on November 12, 2020, and summarized the resolutions the City Council will consider acting upon. MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to: 1. Adopt Resolution No. 24822 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2020-1 (CANYON VIEW) OF THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND ESTABLISHING THE BOUNDARIES THEREOF." 2. Adopt Resolution No. 24823 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING THE NECESSITY FOR COMMUNITY FACILITIES DISTRICT NO. 2020-1 (CANYON VIEW) OF THE CITY OF PALM SPRINGS TO INCUR A BONDED INDEBTEDNESS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $4,000,000 FOR PROVIDING PUBLIC FACILITIES AND CALLING A SPECIAL ELECTION OF THE COMMUNITY FACILITIES DISTRICT ON THE PROPOSITION FOR INCURRING SUCH BONDED INDEBTEDNESS." 3. Adopt Resolution No. 24824 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF COMMUNITY FACILITIES DISTRICT NO . 2020-1 (CANYON VIEW) OF THE CITY OF PALM SPRINGS PROPOSITIONS WITH RESPECT TO THE ANNUAL LEVY OF SPECIAL TAXES WITHIN SAID COMMUNITY FACILITIES DISTRICT AND ESTABLISHING AN APPROPRIATIONS LIMIT FOR SAID COMMUNITY FACILITIES DISTRICT." City Clerk Mejia announced the official ballot has been opened and all the votes are in favor of the propositions presented on the ballot. (City Council action continued on the next page) City of Palm Springs Page 19 City Council Minutes November 12, 2020 MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to: 1. Adopt Resolution No. 24825 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF CONSOLIDATED SPECIAL ELECTIONS WITHIN COMMUNITY FACILITIES DISTRICT NO. 2020-1 (CANYON VIEW) OF THE CITY OF PALM SPRINGS ON PROPOSITIONS REGARDING (i) INCURRING A BONDED INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED $4,000,000, (ii) THE ANNUAL LEVY OF SPECIAL TAXES TO PAY PRINCIPAL AND INTEREST ON BONDS AND (iii) ESTABLISHING AN APPROPRIATIONS LIMIT." 2. Introduce Ordinance No. 2035 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2020-1 (CANYON VIEW) OF THE CITY OF PALM SPRINGS, AUTHORIZING THE LEVY OF SPECIAL TAXES IN SUCH COMMUNITY FACILITIES DISTRICT." 3. LEGISLATIVE: None. 4. UNFINISHED BUSINESS: A. APPROVAL OF THE 2020 REFUNDING LEASE OF THE 2013 LEASE FINANCING AGREEMENT WITH CAPITAL ONE PUBLIC FUNDING RELATED TO THE 2013 CITYWIDE ENERGY MANAGEMENT PROJECT Mayor Kors convened the joint meeting of the City Council and Financing Authority to order at 10:04 p.m. Assistant City Manager Fuller presented the staff report and responded to City Council mqumes. MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to: 1. Acting as the City Council, adopt Resolution No. 24826 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE EXECUTION AND DELIVERY OF A SITE AND FACILITY LEASE, A LEASE AGREEMENT, A PROJECT LEASE ASSIGNMENT, AN EQUIPMENT LEASE ASSIGNMENT, AND AN ESCROW AGREEMENT WITH RESPECT TO REFINANCING THE ACQUISITION, INSTALLATION, FINANCING, INSTALLMENT SALE PURCHASE AND LEASING OF CERTAIN EQUIPMENT THAT CONSTITUTES ENERGY CONSERVATION FACILITIES; AUTHORIZING THE EXECUTION AND DELIVERY OF AGREEMENTS AND DOCUMENTS REQUIRED IN CONNECTION THEREWITH; AND AUTHORIZING THE TAKING OF ALL OTHER. ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION." A8631 City of Palm Springs Page 20 City Council Minutes November 12. 2020 MOTION BY BOARD MEMEBR WOODS, SECOND BY BOARD MEMEBR GARNER, CARRIED 5-0, to: 2. Acting as the Financing Authority Board, adopt Resolution No. 43 entitled, "A RESOLUTION OF THE BOARD OF THE FINANCING AUTHORITY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE EXECUTION AND DELIVERY OF A SITE AND FACILITY LEASE, A LEASE AGREEMENT, A PROJECT LEASE ASSIGNMENT, AN EQUIPMENT LEASE ASSIGNMENT, AND AN ESCROW AGREEMENT WITH RESPECT TO REFINANCING THE ACQUISITION, INSTALLATION, FINANCING, INSTALLMENT SALE PURCHASE AND LEASING OF CERTAIN EQUIPMENT THAT CONSTITUTES ENERGY CONSERVATION FACILITIES; AUTHORIZING THE EXECUTION AND DELIVERY OF AGREEMENTS AND DOCUMENTS REQUIRED IN CONNECTION THEREWITH; AND AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION." A8631 The Finance Authority adjourned at 10:08 p.m. B. APPROVAL OF A COMMUNITY WORKFORCE AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND SAN BERNARDINO/RIVERSIDE COUNTIES BUILDING AND CONSTRUCTION TRADES COUNCIL, AFL-CIO AND THE SIGNATORY CRAFT COUNCILS AND UNIONS The City Council took no action on this matter. It was continued to the City Council meeting of December 10, 2020. 5. NEW BUSINESS: A. REQUEST BY MASSFLORA, LLC FOR AN ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENT FOR A CANNABIS DISPENSARY/LOUNGE AT 577 E. SUNNY DUNES ROAD (CASE 7.1609AMM) Councilmember Garner announced her recusal due to a business interest and left the City Council meeting at 10:09 p.m. Assistant Director of Planning Newell narrated a PowerPoint presentation. In response to City Council inquiry, Mr. Newell noted that the applicant is not a participant of the Social Equity Program; noted that the 500-foot separation requirement has been in place for several years and that the project would not qualify under the City's newest regulations for cannabis-related businesses; advised that the property changed ownership in 2019. In response to City Council inquiry, Ryan Wimpee, representing Massflora, advised that they purchased the property when there was an exemption for cannabis-related businesses in the industrial zone; advised that he has documentation that indicates that the application City of Palm Springs Page 21 City Council Minutes November 12. 2020 would be "grandfathered" under the previous code requirements; stated that the applicant does not intend to make fa9ade improvements, except for signage. Mr. Wimpee forwarded the email correspondence with the Planning Department to the City Clerk. City Clerk Mejia provided the documentation to the City Council and retained it for the official record. Mr. Newell advised that the applicant purchased the property in January 2019 and submitted their regulatory permit in August 2019; advised that the City Council amended the Palm Springs Municipal Code in November 2019 which applied distance separation requirements in the industrial zone; stated that this particular business was not far enough into the permitting process to be "grandfathered" under the prior code. Mayor Kors pointed out that the applicant has indicated that the area is blighted and meets the criteria for approval but has also indicated that they do not intend on making fa9ade improvements other than signage. Councilmember Middleton pointed out the that correspondence submitted by Mr. Wimpee indicates that the applicant is requesting pre-clearance and staff indicated that it would not do so; noted that the applicant did not garner any support from neighboring businesses and did not take this opportunity to propose any fa9ade improvements. MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER WOODS, to deny the request for a waiver. City Clerk Mejia announced he received an email from Ryan Wimpee stating he would be willing to make additional improvements. AMENDED MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER WOODS, CARRIED 4-0 (WITH COUNCILMEMBER GARNER RECUSED), to refer the matter to the Architectural Advisory Committee. Councilmember Garner returned to the City Council meeting. B. CONSIDERATION AND DIRECTION ON PLACEMENT OF THE FOREVER MARILYN SCULPTURE ON MUSEUM WAY BETWEEN MUSEUM DRIVE AND BELARDO ROAD ADJACENT TO THE DOWNTOWN PARK City Manager Ready presented the staff report. Councilmember Middleton suggested the matter return to the City Council after a specified period to evaluate the impacts of closing Museum Way to vehicular traffic; stated that her preferred location would be Francis Stevens Park. Councilmember Woods pointed out that no public funds will not be used for the installation of the sculpture. City of Palm Springs Page 22 City Council Minutes November 12, 2020 Councilmember Gamer voiced support for the temporary placement of the sculpture on Museum Way, noting that she believes Francis Stevens Park may be a better location; suggested that the City Council reevaluate the matter in one year. In response to City Council inquiry, City Manager Ready noted that the City Council may impose additional terms to the agreement as it sees fit; pointed out that it will be challenging to quickly relocate the sculpture once installed; advised that signage, education, and monitoring will be needed to ensure visitors are not gathering at the site. Mayor Pro Tern Holstege spoke on the benefits of creating an art walk to encourage visitors to walk towards the Art Museum and Downtown Park; noted that she agrees that Francis Stevens Park should be evaluated as a long-term site for the sculpture. Mayor Kors pointed out the high cost for installation and relocating the sculpture too often would be cost prohibitive. City Manager Ready recommended that the City Council include a clause to allow either party to terminate the agreement. By consensus, the City Council provided direction to the City Manager as follows: a. Placement of the Forever Marilyn sculpture created by the artist Seward Johnson within Museum Way between Museum Drive and Belardo Road adjacent to the Downtown Park. b. Authorization for the City Manager to execute a three-year License Agreement with PS Resorts in a form approved by the City Attorney authorizing the placement of the Forever Marilyn sculpture within Museum Way, with direction to include a termination clause with sufficient notice to relocate the sculpture and periodic updates to the City Council regarding impacts to the Palm Springs Art Museum and surrounding area. c. Authorization for the City Engineer to proceed with the process of vacating the public's vehicular access rights on a portion of Museum Way between Museum Drive and Belardo Road. C. DISCUSS AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT CONSOLIDATED PLAN AND ANNUAL ACTION PLAN FOR THE FISCAL YEAR 2020-2021 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, 45TH PROGRAM YEAR FOR ALLOCATING COMMUNITY DEVELOPMENT BLOCK GRANT -CORONA VIRUS FUNDS Director of Economic and Community Development Virata presented the staff report and responded to City Council inquiries. Councilmember Woods questioned and received clarification that the subject funds can be used to purchase portable display boards; voiced support for having stewards provide face coverings to the public. City of Palm Springs Page 23 City Council Minutes November 12, 2020 Councilmember Middleton expressed support for allocating the funding to assist those most impacted by the consequences of COVID-19; conveyed support for hiring temporary staff to provide face coverings to the public and distributing information on safety protocols as well as providing assistance to struggling businesses . The City Council expressed support for allocating the subject funds towards utility and rent assistance. D. FISCAL YEAR 2020/2021 FIRST QUARTER BUDGET REVIEW Director of Finance & Treasurer Pauley presented the staff report. City Manager Ready presented a series of recommendations related to the hiring of personnel, restoring palm tree trimming, purchasing of an emergency radio system, and installation of temporary restrooms, noting that the balance of revenues will be used to build reserves; advised that staff continues to recruit for a qualified candidates for the vacant Economic Development Department vacancies. In response to City Council inquiry, Assistant City Manager Fuller advised that the dog park is temporarily closed for sod reseeding and that the Parks and Recreation Commission supports the installation of temporary restrooms upon reopening; advised that the watering schedule for landscaped areas has not been modified. MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR KORS, CARRIED 5-0, to: I. Amend the FY 20-21 Budget to increase General Fund budgeted revenue by $8,637,694 to $89,491,994 and Measure J Capital Fund budgeted revenue by $2,960,222 to $8,927,122. 2. Amend the FY 20-21 Allocated Positions and Compensation Plan revising the "Frozen and Unfunded" allocated position list to identify 20 additionally funded positions. 3. Amend the FY 20-21 Budget to appropriate $2,148,000 from unrestricted General Fund balance for the following expenditures: a. $1,500,000 for personnel costs in various Departments in accordance with the amended FY 20-21 Allocated Positions and Compensation Plan. b. $200,000 for palm tree trimming. c. $398,000 for Fire Department handheld/vehicle 911 emergency radios and installation. d. $50,000 for temporary restroom services at Desert Highland Park and the Dog Park. City of Palm Springs Page 24 City Council Minutes November 12. 2020 PUBLIC COMMENT: None. CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT: In response to City Council inquiry, City Manager Ready advised that consideration of pet licensing fees and study sessions on Boards and Commission and Affordable Housing will be agendized in January 2021. ADJOURNMENT: The City Council adjourned at 11 :45 p.m. Respectfully submitted, Anthony J. Mejia, MMC City Clerk APPROVED BY CITY COUNCIL: / /2021 City of Palm Springs Page 25 Thursday, December 10, 2020 Minutes of the Regular Meeting of the City Council of the City of Palm Springs Pursuant to Executive Order N-29-20, by Governor Newsom, this meeting was conducted by teleconference and there was no in-person public access to the meeting location. CALL TO ORDER: A Regular Meeting of the Palm Springs City Council was called to order by Mayor Kors on Thursday, December 10, 2020, at 5:38 p.m. PLEDGE OF ALLEGIANCE: City Manager Ready led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Grace Elena Gamer, Lisa Middleton, Dennis Woods; Mayor Pro Tern Christy Holstege; and Mayor GeoffKors Absent: None. City Staff Present: David H. Ready, City Manager; Jeffrey Ballinger, City Attorney; Marcus Fuller, Assistant City Manager; and Anthony J. Mejia, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PUBLIC COMMENT FOR PRESENTATION ITEMS ONLY: None. PRESENTATIONS: • CERTIFICATION OF ELECTION RESULTS City Clerk Anthony Mejia presented the staff report. MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to adopt Resolution No. 24828 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECITING THE FACT OF THE REGULAR MUNICIPAL ELECTION HELD ON DECEMBER 3, 2020, DECLARING THE RESULT AND SUCH OTHER MATTERS AS ARE PROVIDED BY LA w. II City Council Minutes December 10, 2020 • OATH OF OFFICE CEREMONY City Clerk Mejia administered the Oath of Office to Christy Gilbert Holstege and Lisa Middleton for the Office of Member of the City Council, Districts 4 and 5, respectively. • APPOINTMENT OF THE MAYOR AND MAYOR PRO TEM City Clerk Mejia presented the staff report. MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to appoint Christy Gilbert Holstege to the position of Mayor and Lisa Middleton to the position of Mayor Pro Term for a one-year term commencing upon appointment. ROLL CALL: Present: Councilmembers Grace Elena Gamer, GeoffKors, Dennis Woods; Mayor Pro Tern Lisa Middleton; and Mayor Christy Holstege Absent: None. PRESENTATIONS (CONT.): • REMARKS FROM THE CITY COUNCIL, MAYOR PRO TEM, AND MAYOR Individual members of the City Council commended Geoff Kors for his leadership as Mayor and congratulated Christy Gilbert Holstege and Lisa Middleton on their successful reelection campaigns and their appointments as Mayor and Mayor Pro Tern. Mayor Pro Tern Middleton and Mayor Holstege spoke on their reelection campaign and expressed gratitude to the community for their continued support. • PRESENTATION OF A PROCLAMATION TO PERRY MADISON, DIRECTOR OF HUMAN RESOURCES Mayor Holstege presented a Proclamation to Perry Madison, Director of Human Resources, in recognition of his 13 years of service with the City of Palm Springs. • COVID-19 CASE UPDATE AND TESTING SITES Emergency Management Coordinator DeSelms and Assistant City Manager Fuller presented an update on the number of COVID-19 cases in the Coachella Valley and Riverside County; announced the distribution of personal protective equipment to local businesses and reported on testing data derived from local wastewater. City of Palm Springs Page 2 City Council Minutes December 10, 2020 MEETING RECESS The City Council recessed at 6:19 p.m. and reconvened at 6:27 p.m., with all members present. ACCEPTANCE OF THE AGENDA: MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to remove Consent Calendar Item Nos. lH, 11, and IN for separate discussion and delete Item Nos. 1 T and SC from the agenda. REPORT OF CLOSED SESSION: The Regular Closed Session of the City Council of December 10, 2020, was called to order by Mayor Kors at 3 :00 p.m., with all members present. The meeting convened into Closed Session to discuss the following items as listed on the Regular Closed Session Meeting Agenda: CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION, Pursuant to Government Code Section 54956.9(d)(l): City of Palm Springs v. O&M HR, LLC, et al (Prairie Schooner) Case No. PSC 1701804, Superior Court of the State of California, County of Riverside Sabordo, et al. v. City of Palm Springs, et al., Case No. PSC1602732, Superior Court of the State of California, County of Riverside IBH Management PS, LLC dba Infusion Beach Club, Case No. 6:20-bk-17537-SY, U.S. Bankruptcy Court (Cent. Dist. Cal.) CONFERENCE WITH LEGAL COUNSEL -MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2): Six ( 6) matters that, under the existing circumstances, the City Attorney believes creates significant exposure to litigation. CONFERENCE WITH LEGAL COUNSEL -DISCUSSION TO CONSIDER INITIATION OF LITIGATION, Pursuant to Government Code Section 54956.9(d)(4): Under existing facts and circumstances, there are four ( 4) matters the City Council has decided or may decide to initiate litigation. PUBLIC EMPLOYEE RECRUITMENT, Pursuant to Government Code Section 54957: Employee: City Manager (Recruitment) City of Palm Springs Page 3 City Council Minutes December 10, 2020 CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54956.8: Property Description: Agency: City Negotiator: Negotiating Parties: Under Negotiation: Property Description: Agency: City Negotiator: Negotiating Parties: Under Negotiation: Property Description: Agency: City Negotiator: Negotiating Parties: Under Negotiation: Property Description: Agency: City Negotiator: Negotiating Parties: Under Negotiation: 3400 Tahquitz Canyon Way, Palm Springs (portions of airport) City of Palm Springs David H. Ready, City Manager or Designee Paradies Shops, LLC Price and Terms of Payment 3.6 Acres at SE comer of Indian Canyon Drive and San Rafael Road City of Palm Springs David H. Ready, City Manager or Designee Community Housing Opportunities Corporation (CHOC) Price and Terms of Payment 505-182-010 and 505-182-004 (Adjacent parcels located at the southwest comer of North Palm Canyon Drive and Stevens Road) City of Palm Springs and Successor Agency of the Former Redevelopment Agency of the City of Palm Springs David H. Ready, City Manager or Designee West Hollywood Community Housing Corporation Price and Terms of Payment 2901 E. Alejo Road, Palm Springs, CA 92262 City of Palm Springs David H. Ready, City Manager or Designee Coachella Valley Economic Partnership Price and Terms of Payment CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957 .6: City Negotiator: Employee Organizations: City of Palm Springs David Ready, City Manager or Designee Perry Madison, Director of Human Resources Bryan Reyes, Chief of Police Peter Brown, Attorney Management Association of Palm Springs Palm Springs Firefighters Association Palm Springs Fire Management Palm Springs Police Management Association Palm Springs Police Officers Association Public Employees Association of Palm Springs All Unrepresented Employees Page4 City Council Minutes December 10, 2020 City Attorney Ballinger reported that the City Council met in a Special Closed Session on December 10, 2020, at 8:00 a.m. and took no reportable action; announced that the City Council received briefings and provided direction to staff regarding the agendized Closed Session Items but did not take any reportable action. PUBLIC TESTIMONY: David Freedman, speaking on Item 3A, voiced support and urged the City Council to approve the proposed ordinance. Bob Heinbaugh, speaking on Item 2A, questioned whether there are alternative solutions to bring a grocery store to the area; urged the City Council to approve the Tower Market project. Paul Hinrichsen, speaking on Item 2A, pointed out that the existing site has been used for illegal dumping; urged the City Council to approve the Tower Market project. Evemell Black, speaking on Item 2A, asserted that the Tower Market is another convenience store with high prices and urged the City Council to deny the project. Deiter Crawford, speaking on Item 2A, Vice President, Desert Highlands Gateway Estates Community Action Association, opined that Tower Market will not meet the needs of the community and urged the City Council to deny the project. Charlie Ervin, speaking on Item 2A, spoke on the need for a Specific Plan for the northern portion of Palm Springs, citing the need for more banks and full-line grocery stores. Ginny Foat, speaking on Items 1 N and 2A, recommended that low income residents be offered reduced dog license fees; voiced support for the Tower Market project and urged approval. CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS: Councilmember Gamer spoke on the need to ad.dress vehicular speeding in residential are~s; requested that staff repair or remove the basketball hoops at Ruth Hardy Park; announced an upcoming hot cocoa with Santa event and expressed her appreciation to City staff. Councilmember Kors reported on his attendance at recent meetings and events; announced that he was appointed Chair of the Greater Palm Springs Convention and Visitors Bureau; reported on the limited availability ofICU beds at local hospitals; encouraged residents to support local businesses and restaurants. Sustainability Manager Patrick Tallarico discussed new programs being launched to help fund sustainability efforts including a Sustainability Scholarship Program for businesses and a Home Energy Assessment Program for residents. City Manager Ready announced the launch of the City's new website. City of Palm Springs Page 5 City Council Minutes December 10, 2020 1. CONSENT CALENDAR: MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 5-0, to approve the Consent Calendar, with the removal of Item Nos. lH, 11, and lN for separate discussion and the deletion ofltem No. 1 T from the agenda. A. APPROVAL OF MINUTES MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 5-0, to approve the City Council Meeting Minutes of September 24, October 8, and October 22, 2020. B. TREASURER'S INVESTMENT REPORT AS OF OCTOBER 31, 2020 MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 5-0, to receive and file the Treasurer's Investment Report as of October 31, 2020. C. RESOLUTION TO ADOPT THE CITY OF PALM SPRINGS CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24829 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE CONFLICT OF INTEREST CODE AND REPEALING RESOLUTION NO. 24527." D. SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2020-1 (CANYON VIEW) OF THE CITY OF PALM SPRINGS, AUTHORIZING THE LEVY OF SPECIAL TAXES IN SUCH COMMUNITY FACILITIES DISTRICT MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 5-0, to adopt Ordinance No. 2035 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2020-1 (CANYON VIEW) OF THE CITY OF PALM SPRINGS, AUTHORIZING THE LEVY OF SPECIAL TAXES IN SUCH COMMUNITY FACILITIES DISTRICT." City of Palm Springs Page 6 City Council Minutes December 10, 2020 E. AWARD A CONSTRUCTION CONTRACT TO TORRES SANITATION SYSTEMS CONSTRUCTION, A CALIFORNIA SOLE PROPRIETORSHIP, IN THE AMOUNT OF $164,428 AND APPROVAL OF A PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED $42,224 TO VEOLIA WATER WEST OPERATING SERVICES FOR CONSTRUCTION MANAGEMENT, INSPECTION SERVICES FOR THE 2020 SEWER COLLECTION SYSTEM REPAIRS PROJECT, CITY PROJECT NO. 20-20 MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 5-0, to: 1. Award a construction contract to Torres Sanitation Systems Construction, a California sole proprietorship, in the amount of $164,428 for 2020 Sewer Collection System Repairs Project, City Project No. 20-20. A8646 2. Authorize a Purchase Order to Veolia Water West Operating Services, Inc., pursuant to Agreement No. 6804, in an amount not to exceed $42,224 for construction management, inspection, and materials testing services for 2020 Sewer Collection System Repairs Project, City Project No. 20-20. A6804 3. Authorize the City Manager to execute all necessary documents . F. REQUEST BY DA VE ECK, OWNER, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 2244 EAST T AHQUITZ CANYON WAY UNIT #7, A CONTRIBUTING STRUCTURE IN THE DESERT HOLLY HISTORIC DISTRICT (APN #505-085-010), (HSPB #117 / HD-7) MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 5-0, to: 1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Dave Eck and the Desert Holly Homeowners Association. A8647 2. Authorize the City Manager to execute the Agreement. 3. Direct the City Clerk to record the Agreement with the County of Riverside. City of Palm Springs Page 7 City Council Minutes December 10, 2020 G. REQUEST BY JAY AND PAMELA JENNER, OWNERS, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 1834 SOUTH BARONA ROAD, A CONTRIBUTING STRUCTURE IN THE SANDCLIFF HISTORIC DISTRICT (APN #510-040-027), (HSPB #93 I HD-5) MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 5-0, to: 1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Jay and Pamela Jenner and the Sandcliff Owners Association. A8648 2. Authorize the City Manager to execute the Agreement. 3. Direct the City Clerk to record the Agreement with the County of Riverside. H. UPDATE REPORT FROM THE PUBLIC ARTS COMMISSION CHAIR This matter was called up for reconsideration. Please refer to Page 12 of these minutes for a summary of that action. I. RESOLUTION SETTING THE REGULAR CITY COUNCIL MEETING SCHEDULE FOR 2021 This matter was called up for reconsideration. Please refer to Page 13 of these minutes for a summary of that action. J. APPROVE THE COOPERATIVE PURCHASE OF VIGILANT SOLUTIONS INTELLIGENCE-LED POLICING PACKAGE WITH A THREE-CAMERA MOBILE LICENSE PLATE READER SYSTEM, EXTENDED HARDWARE WARRANTY, AND HOSTING FEES MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 5-0, to: 1. Approve the cooperative purchase of the Vigilant Solutions Intelligence-Led Policing Package with a three-camera Mobile License Plate Reader System mounted on a marked Palm Springs Police Department patrol car for $20,883.61, plus an extended hardware warranty plan for $6,300 and hosting fees for $6,300, for a total amount not to exceed $33,483.61. 2. Authorize the City Manager to execute all necessary documents. City of Palm Springs Page 8 City Council Minutes December 10, 2020 K. AUTHORIZE AN INCREASE TO PURCHASE ORDER NO. 16-0923 IN THE AMOUNT OF $2,287.50 WITH DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC., FOR THE WELWOOD MURRAY MEMORIAL LIBRARY COURTYARD IMPROVEMENTS, CITY PROJECT NO. 16-02 MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 5-0, to: 1. Authorize an increase to Purchase Order No. 16-0923 in the amount of $2,287.50 with the City's "on-call" landscape architect firm, David Volz Design Landscape Architects, Inc., a California corporation, pursuant to Agreement No. 6786, for the Welwood Murray Memorial Library Courtyard Improvements, City Project No 16-02. A6786 2. Authorize the City Manager to execute all necessary documents. L. APPROVAL OF AN ON-CALL PROFESSIONAL AGREEMENT WITH TERRA NOV A PLANNING & RESEARCH, INC. FOR EXPEDITED ZONING REVIEW FOR CANNABIS-RELATED USES MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 5-0, to: 1. Approve an Agreement with Terra Nova Planning & Research, Inc., for expedited cannabis zoning review services for a three (3) year term, in an amount not to exceed $25,000.00. A8649 2. Authorize the City Manager to execute all necessary documents. M. APPROVAL OF PAYROLL WARRANTS, CLAIMS, AND DEMANDS MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24831 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 10-31-20 AND 11-14-20 TOTALING $3,328,579.96 AND ACCOUNTS PAYABLE WARRANTS DATED 10-29-2020 AND 11-12-2020 TOTALING $7,030,420.09, IN THE AGGREGATE AMOUNT OF $10,359,000.05, DRAWN ON BANK OF AMERICA." N. RESOLUTION AMENDING FEES FOR DOG LICENSING This matter was called up for reconsideration. Please refer to Page 13 of these minutes for a summary of that action. City of Palm Springs Page9 City Council Minutes December 10, 2020 0. REJECT ALL BIDS RECEIVED FOR IFB NO. 20-01 ROADSIDE AND TRANSIENT MAINTENANCE SERVICE, AUTHORIZE STAFF TO RE-BID MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 5-0, to: 1. Reject the bids received on October 27, 2020, for Roadside and Transient Maintenance services, IFB No. 20-01. 2. Authorize staff to re-bid the Roadside and Transient Maintenance services with a reduced scope of work. P. REQUEST BY FUMIKO DOCKER OF PENCIL BOX ARCHITECTS, INC., ON BEHALF OF THE 420 LOUNGE, LLC (DBA COOKIES), FOR A MINOR ARCHITECTURAL APPLICATION TO APPLY A NEW COAT OF 'COOKIES BLUE' PAINT TO EXTERIOR BUILDING COLUMNS AND A WALL IN ADDITION TO ALTERING THE FRONTAGE OF AN EXISTING COMMERCIAL BUILDING FOR ADA COMPLIANCE AT A NEW CANNABIS DISPENSARY FACILITY LOCATED AT 777 NORTH PALM CANYON DRIVE (APN 505-283-008), ZONE C-1, SECTION 10, (CASE 3.229 MAA) This matter was called up for reconsideration. Please refer to Page 21 of these minutes for a summary of that action. Q. AUTHORIZE AN INCREASE TO PURCHASE ORDER NO. 20-0659 IN THE AMOUNT OF $317,990 ISSUED TO WILLDAN ENGINEERING, A CALIFORNIA CORPORATION, PURSUANT TO ON-CALL AGREEMENT (A6688) FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES AND APPROVE AMENDMENT NO. 2 IN THE AMOUNT OF $240,294 TO PROFESSIONAL SERVICES AGREEMENT (A7071) WITH RIOS CLEMENTI HALE STUDIOS, A CALIFORNIA CORPORATION, ASSOCIATED WITH THE DOWNTOWN PARK, CITY PROJECT NO. 15-07 MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 5-0, to: 1. Authorize an increase in the amount of $317,990 to Purchase Order No. 20-0659 for Construction Management and Inspection Services with Willdan Engineering, a California corporation. A6688 2. Approve Amendment No. 2 to Professional Services Agreement No. 7071 in the amount of $240,294 with Rios Clementi Hale Studios, a California corporation. A 7071 3. Authorize the City Manager to execute all necessary documents. City of Palm Springs Page 10 City Council Minutes December 10, 2020 R. SUCCESSOR AGENCY: APPROVAL AND TRANSMITTAL OF RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (ROPS 21-22A AND 21-22B) FOR THE PERIOD OF JULY 1, 2021 THROUGH JUNE 30, 2022, PURSUANT TO SECTION 34169(G)(l) OF CALIFORNIA HEALTH & SAFETY CODE MOTION BY AGENCY MEMBER GARNER, SECOND BY VICE CHAIR MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24833 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS CAPACITY AS SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 21-22 A&B) AND AN ADMINISTRATIVE EXPENSE BUDGET FOR THE PERIOD OF JULY 1, 2021 THROUGH JUNE 30, 2022, PURSUANT TO THE CALIFORNIA HEAL TH & SAFETY CODE." S. APPROVE AN AMENDMENT TO CONTRACT SERVICES AGREEMENT NO. 7139 (A 7139) WITH CONSERVE LANDCARE, INC., FOR LANDSCAPE AND GROUNDS MAINTENANCE SERVICES MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 5-0, to: 1. Approve Amendment No. 2 to Contract Services Agreement No. 7139 with Conserve LandCare, Inc., in the amount of $372,837, for a total annual contract amount of $765,811. A7139 2. Authorize the City Manager to execute all necessary documents. T. CITY OF PALM SPRINGS DEVELOPMENT PROJECT FEE REPORT FOR FISCAL YEAR 2019-20 This item was deleted from the agenda at the request of staff. U. AWARD A CONTRACT TO AMERICAN COOLING TOWER, INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $249,969 FOR THE CITY HALL AND POLICE DEPARTMENT COOLING TOWER REPLACEMENTS, CITY PROJECT NO. 20-22 MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 5-0, to: 1. Award a contract to American Cooling Tower, Inc., a California corporation, in the amount of $249,969 for the City Hall and Police Department Cooling Tower Replacements, City Project No. 20-22. A8650 2. Authorize the City Manager to execute all necessary documents. City of Palm Springs Page 11 City Council Minutes December 10, 2020 V. FIRE DEPARTMENT HAND HELD, VEHICLE MOUNTED AND FIRE STATION RADIO REPLACEMENT MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 5-0, to: 1. In accordance with Palm Springs Municipal Code Section 7.04.030, "Special Expertise Procurement," and Section 7.09.010 "Cooperative Purchasing Programs," approve a cooperative purchase from Airwave Communications Enterprises of fifty-six handheld radios, ten vehicle mounted radios and five vehicle mounted mobile repeaters, six vehicle mounted air band radios, five fire station radio packages using the National Association of State Procurement Officials Cooperative Purchasing Program WSCANASPO Contract No. 06913, inclusive of installation, in the total amount of $397,752. A8651 2. Authorize the City Manager to execute all necessary documents. W. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH SCI CONSULTING GROUP, A CALIFORIA CORPORATION, FOR A CANNABIS EQUITY ASSESSMENT MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 5-0, to: 1. Approve a Professional Services Agreement with SCI Consulting Group, a California Corporation, in the amount of $40,000 to conduct a cannabis equity assessment. A8652 2. Authorize the City Manager to execute all necessary documents. EXCLUDED CONSENT CALENDAR: H. UPDATE REPORT FROM THE PUBLIC ARTS COMMISSION CHAIR Councilmember Gamer commended the Public Arts Commission for their work and encouraged residents to review the report and learn more about recent art projects. MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to receive and file a report on the Public Arts Commission Programs during COVID-19. City of Palm Springs Page 12 City Council Minutes December 10, 2020 I. RESOLUTION SETTING THE REGULAR CITY COUNCIL MEETING SCHEDULE FOR 2021 Mayor Pro Tern Middleton noted that a revised meeting schedule was provided to City Council; expressed gratitude to staff for accommodating a meeting date change due in recognition of the end of Ramadan. MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to adopt Resolution No. 24830 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE CITY COUNCIL REGULAR MEETING PLACE, DAYS, AND TIME AND RESCINDING RESOLUTION NO. 24790." N. RESOLUTION AMENDING FEES FOR DOG LICENSING Following discussion, MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24832 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REVISING DOG LICENSING FEES, AND ASSOCIATED CHARGES," with the following modifications: a. Low-income residents shall be eligible for a reduced cost dog license. b. The dog license fees shall become effective on July 1, 2021. 2. PUBLIC HEARINGS: A. REQUEST FOR COUNCILMEMBER REVIEW OF AN ACTION TAKEN BY THE PLANNING COMMISSION TO DENY A REQUEST BY TOWER ENERGY GROUP FOR AN AMENDMENT TO THE COLLEGE PARK SPECIFIC PLAN TO CHANGE THE LAND USE DESIGNATION TO MIXED USE/MULTI USE AND CONDITIONAL USE PERMITS TO ALLOW THE CONSTRUCTION OF A 5,343-SQUARE FOOT GROCERY STORE (CASE 5.1511 CUP) AND ACCOMPANYING FUELING STATION (CASE 5.1514 CUP) LOCATED AT 3299 NORTH INDIAN CANYON DRIVE, ZONE C-1, SECTION 3 Mayor Holstege noted that the City Council opened and closed the Public Hearing on November 12, 2020 and continued the matter to tonight's meeting. Assistant Director of Planning Services Newell narrated a PowerPoint presentation and responded to City Council inquiries. Councilmember Woods reported that Councilmember Gamer and himself met with the applicant and reviewed the results of their meeting. In response to City Council inquiry, Councilmember Gamer noted that the applicant is amenable and committed to complying with the proposed Conditions of Approval. City of Palm Springs Page 13 City Council Minutes December 10, 2020 Councilmember Gamer stated that she cannot support the proposed project, noting that the area needs a Specific Plan, more economic development investment, and a bona fide grocery store; opined that the project does not qualify under the Food Desert Overlay and voiced concern regarding high food prices. Councilmember Woods spoke on the need for a grocery store in the area; pointed out that the applicant will need to set prices to ensure fresh foods are sold; voiced support for approving the project. Councilmember Kors opined if the project is successful it will attract other businesses to the area; stressed the importance of conducting an annual compliance review. City Manager Ready advised that the Planning Department will formalize an annual review of Tower Market. In response to City Council inquiry, City Attorney Ballinger confirmed that the City Council may add a Condition of Approval that the applicant will exercise best efforts to hire locally. Mayor Holstege noted that the area has lacked economic development; opined that the Food Desert Overlay is insufficient to attract a full grocery store; agreed that the project meets the criteria established under the Food Desert Overlay as noted in the staff report. MOTION BY MAYOR HOLSTEGE, SECOND BY COUNCILMEMBER KORS, CARRIED 4-1 (COUNCILMEMBER GARNER VOTING NO), to adopt Resolution No. 24834 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AMENDMENT TO THE COLLEGE PARK SPECIFIC PLAN TO CHANGE THE LAND USE DESIGNATION TO MIXED USE/MULTI-USE AND CONDITIONAL USE PERMITS TO ALLOW THE CONSTRUCTION OF A 5,343-SQUARE FOOT GROCERY STORE (CASE 5.1511 CUP) AND ACCOMPANYING FUELING STATION (CASE 5.1514 CUP) LOCATED AT 3299 NORTH INDIAN CANYON DRIVE," with the following modifications as noted by underlining and/or strikethrough: • Condition of Approval No. CC 8 shall read as follows, "The merchandise display areas shall consist of the following: a. A minimum of 15% shall be devoted to and stocked with perishable groceries (meats, dairy and produce); b. A minimum of 30% shall be devoted to and stocked with other staple foods, which are defined as dry groceries (including bread, pasta, rice, dried beans, cereal, flour, nuts, health/protein bars, etc.), canned food products, frozen fruits and produce, and frozen meats; and c. A maximum of20% may be devoted to alcohol (beer, wine and liquor) ... " • Condition of Approval No. CC 13(e) shall read as follows, "Change bike racks from ribbon design to hitch bike rack or another more secure bicycle system." • Condition of Approval No. CC 14 shall read as follows, "The applicant shall exercise best efforts to hire local residents." City of Palm Springs Page 14 City Council Minutes December 10, 2020 B. DESERT AIDS PROJECT IN PARTNERSHIP WITH THE COACHELLA VALLEY HOUSING COALITION, FOR AN AMENDMENT TO A PLANNED DEVELOPMENT DISTRICT; A GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATION FROM P/QP AND MDR TO MIXED USE/MULTI- USE; A DEVELOPMENT AGREEMENT; ADOPTION OF A MITIGATED NEGATIVE DECLARATION PER CEQA; AND A MAJOR ARCHITECTURAL APPLICATION FOR THE ADDITION OF 18,000-SQUARE FEET OF MEDICAL OFFICE SPACE AND THE CONSTRUCTION OF A SIXTY-ONE (61) UNIT SPECIAL NEEDS HOUSING COMPLEX LOCATED AT 1695 NORTH SUNRISE WAY, ZONE P/R2, SECTION 11. (CASE NOS. 5.0934 POD 281 & 3.1047 MAJ) Assistant Director of Planning Services Newell narrated a PowerPoint presentation and responded to City Council inquiries. In response to City Council inquiry, Assistant City Manager Fuller summarized the challenges associated with the installation of a traffic signal within close proximity of the existing traffic signal; concurred with the need to installing barriers within the median to discourage jaywalking; advised staff will evaluate the feasibility of installing a median extension to accommodate a pedestrian refuge; stated that staff will ensure there is good street visibility for vehicles exiting the site; summarized the City imposed and third-party fees being waived as an incentive for affordable housing projects. Mayor Holstege opened the Public Hearing. David Brinkman, Applicant, CEO, Desert Aids Project, presented a brief history of the organization and benefits of the proposed project; noted that the project is needed to help meet the growing needs of patients. Maryann Ybarra, Applicant, Director of Multi-family Housing, Coachella Valley Housing Coalition, reported on the rental prices and programs and services available to future residents. Greg Rodriguez, voiced support for the proposed project, commending the applicants for their collaboration and setting an example for future projects. Susan Smith, spoke in opposition to the project, citing concerns with the proposed density, lack of parking, and heights of the proposed structures; questioned whether the project will be a health care facility. David Brinkman, pointed out that the project is not an in-home health care facility. There being no others desiring to speak, Mayor Holstege closed the Public Hearing. In response to City Council inquiry, Mr. Brinkman and Ms. Ybarra addressed the timeline for applying for tax credits and initiating and completing construction of the project, noting that completion is anticipated for June 2023. In response to City Council inquiry, Nicole Criste, Terra Nova Planning and Research, discussed the traffic analysis and parking requirements for the site, noting that project will not generate a high parking demand. City of Palm Springs Page 15 City Council Minutes December 10, 2020 Councilmember Woods recommended the addition of a Condition of Approval requiring the development of a robust bicycle parking program. Mayor Pro Tern Middleton suggested that if a traffic signal with a controlled crosswalk is infeasible, that barriers be installed on the median to prevent pedestrians being able to jaywalk. Councilmember Gamer spoke on potential options if nearby neighborhoods are impacted by parking. MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 5-0, to: 1. Adopt Resolution No. 24835 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION (MND) FOR A PROPOSED GENERAL PLAN AMENDMENT, A PLANNED DEVELOPMENT DISTRICT IN LIEU OF A CHANGE OF ZONE, AND A MAJOR ARCHITECTURAL APPLICATION FOR A BUILDING EXPANSION AT THE DESERT AIDS PROJECT CAMPUS AND SIXTY-ONE (61) UNITS OF SPECIAL HOUSING LOCATED AT 1695 NORTH SUNRISE WAY." 2. Adopt Resolution No. 24836 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AMENDMENT TO THE 2007 PALM SPRINGS GENERAL PLAN ADOPTED BY RESOLUTION NO. 22077, MODIFYING THE LAND USE DESIGNATION FROM MEDIUM DENSITY RESIDENTIAL (MDR) AND PUBLIC/QUASI PUBLIC (P/QP) TO MIXED USE/MULTI-USE (MU) AT THE DESERT AIDS PROJECT CAMPUS LOCATED AT 1695 NORTH SUNRISE WAY." 3. Adopt Resolution No. 24837 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MAJOR ARCHITECTURAL APPLICATION FOR AN 18,000-SQUARE FOOT MEDICAL OFFICE ADDITION AND CONSTRUCTION OF A SIXTY-ONE (61) UNIT SPECIAL NEEDS HOUSING BUILDING INCLUDING LANDSCAPE REVISIONS LOCATED AT 1695 NORTH SUNRISE WAY." 4. Introduce Ordinance No. 2036 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE EXP ANSI ON OF PLANNED DEVELOPMENT DISTRICT (PD-281) IN LIEU OF A CHANGE ZONE FOR THE 13.2-ACRE DESERT AIDS PROJECT CAMPUS INCLUDING DEVELOPMENT STANDARDS FOR A DECREASED BUILDING SETBACK AND INCREASE BUILDING HEIGHT LOCATED AT 1695 NORTH SUNRISE WAY." (City Council action continued on the next page) City of Palm Springs Page 16 City Council Minutes December 10, 2020 5. Introduce Ordinance No. 2037 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE COACHELLA VALLEY HOUSING COALITION FOR THE DEVELOPMENT OF VISTA SUNRISE II SIXTY-ONE (61) UNIT APARTMENT BUILDING ALLOWING ENTITLEMENTS FOR FIVE (5) YEARS AND EXEMPTION OF FEES FOR THE PROJECT LOCATED AT 1695 NORTH SUNRISE WAY." 6. Amend the Fiscal Year 2020/2021 Budget to appropriate $200,000 from unrestricted General Fund balance for the Vista Sunrise II affordable housing project participation in the "Affordable and Multi-Family Housing Incentive Program" pursuant to Resolution No. 24654. City Clerk Mejia read the ordinances by title. MEETING RECESS The City Council recessed at 8:45 p.m. and reconvened at 9:00 p.m., with all members present. MOTION TO RECONSIDER MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to reconsider Item No. 1 P for discussion as the last item on tonight's agenda. C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE APPROVAL/AGREEMENT WITH HUD, GRANT# B-19-MC-06-0561 IN THE AMOUNT OF $584,613; APPROVING A SUBSTANTIAL AMENDMENT TO THE 2020-2025 CONSOLIDATED PLAN AND 2020-2021 ANNUAL ACTION PLAN TO INCREASE THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUDGET BY $584,613; AUTHORIZING SUBMITTAL OF THE SUBSTANTIAL AMENDMENT TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SUBRECIPIENT AGREEMENTS Mayor Pro Tern Middleton announced her recusal, noting that she serves on the Desert Board of Directors for the LGBTQ Center. City Attorney Ballinger noted that the LGBTQ Center of the Desert is returning their grant and that Mayor Pro Tern Middleton may participate in the matter. Community and Economic Development Director Virata presented the staff report and responded to City Council inquiries. Mayor Holstege opened the Public Hearing. Maribel Nunez, voiced support for utilizing the funds for a rental assistance program, urging that undocumented individuals be eligible for such assistance; spoke on limiting any administrative costs to maximize the amount of funding available for the program. City of Palm Springs Page 17 City Council Minutes December 10, 2020 There being no others desiring to speak, Mayor Holstege closed the Public Hearing. Director Virata stated he will determine whether the funding can be used to assist undocumented individuals. Councilmember Kors and Mayor Holstege spoke on the importance of limiting any administrative fees and requested that staff return to City Council on the costs if a third-party administrator is used. MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 24838 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE APPROVAL/AGREEMENT WITH HUD, GRANT# B-19-MC-06-0561 IN THE AMOUNT OF $584,613; APPROVING A SUBSTANTIAL AMENDMENT TO THE 2020-2025 CONSOLIDATED PLAN AND 2020-2021 ANNUAL ACTION PLAN TO INCREASE THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUDGET BY $584,613; AUTHORIZING SUBMITTAL OF THE SUBSTANTIAL AMENDMENT TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SUBRECIPIENT AGREEMENTS." 3. LEGISLATIVE: A. INTRODUCTION OF AN ORDINANCE TO ADD CHAPTER 8.105 TO THE PALM SPRINGS MUNICIPAL CODE RELATING TO AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS AND AMEND SECTION 93.06.00 OF THE PALM SPRINGS ZONING CODE RELATING TO PARKING REQUIREMENTS FOR ELECTRIC VEHICLE CHARGING SPACES AND STATIONS Sustainability Manager Tallarico presented the staff report and responded to City Council mqmres. MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to introduce Ordinance No. 2038 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 8.105 "ELECTRIC VEHICLE CHARGING STATION STREAMLINED PERMITTING PROCESS," TO TITLE 8 "BUILDINGS AND CONSTRUCTION," OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS AND AMENDING SECTION 93.06.00 OF THE PALM SPRINGS ZONING CODE RELATING TO PARKING REQUIREMENTS FOR ELECTRIC VEHICLE CHARGING SPACES AND STATIONS." City Clerk Mejia read the ordinance by title. 4. UNFINISHED BUSINESS: None. City of Palm Springs Page 18 City Council Minutes December 10, 2020 5. NEW BUSINESS: A. AUTHORIZE THE LEASE-PURCHASE OF TWO (2) NEW FIRE ATTACK ENGINES WITH CAPITAL ONE PUBLIC FUNDING AT A TOTAL FINANCED COST NOT TO EXCEED $1,000,000; AND AUTHORIZE PURCHASE OF FOUR (4) NEW VEHICLES FOR THE AIRPORT AT A COST NOT TO EXCEED $160,000 Assistant City Manager Fuller presented the staff report. Councilmember Kors noted that other cities have begun purchasing electric Police Department patrol vehicles and requested that staff evaluate the feasibility of implementing a similar program in the future. MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to: 1. Authorize an expenditure not to exceed $1,160,000 to purchase two (2) new Fire Attack Engines and four (4) vehicles for the Airport, inclusive of outfitting and equipment costs, with an allowance for new model year, increased costs due to pricing changes imposed by car manufacturers at the time of purchase. 2. In accordance with Section 7.09.010 "Cooperative Purchasing Programs" of the Palm Springs Municipal Code, authorize the issuance of Purchase Orders with 72 Hour, LLC, dba National Auto Fleet Group pursuant to Cooperative Purchasing Contract 120716-NAF for new fleet vehicles. 3. In accordance with Section 7.09.010 "Cooperative Purchasing Programs" of the Palm Springs Municipal Code, authorize the issuance of Purchase Orders with Boise Mobile Equipment through a Cooperative Purchasing Agreement with the State of California - Department of General Services (Contract Number 1-1-23-21 B) for the new Type 3 Fire Apparatus (Fire Attack Engines). 4. Authorize the City Manager to execute the Capital One Public Funding term sheet, accepting the interest rate and other terms and conditions of their off er to finance the acquisition of two new Type 3 Fire Apparatus (Fire Attack Engines) at an initial cost of $867,145 for a term of 10 years at an interest rate of 1.69%. 5. Authorize preparation of financial documents relating to the financing of the Type 3 Fire Apparatus (Fire Attack Engines), and schedule for City Council approval on January 14, 2021. 6. After delivery of new vehicles, declare existing vehicles being replaced as surplus vehicles and authorize the City Manager, or designee, to sell at public auction in accordance with Chapter 7.07 of the Palm Springs Municipal Code. 7. Authorize the City Manager to execute all necessary documents. City of Palm Springs Page 19 City Council Minutes December 10, 2020 B. APPROVAL OF AMENDMENT NO. 1 TO THE FISCAL YEAR 2020-2021 ALLOCATED POSITIONS AND COMPENSATION PLAN ADDING ONE FIRE MARSHAL City Manager Ready and Fire ChiefNalder presented the staff report and responded to City Council inquiries. Mayor Pro Tern Middleton requested that staff begin notifying impacted neighborhood organizations that new wildfire interface inspections are required by the State. City Manager Ready noted that staff will return to City Council to address the inspection fee, noting that he recommended that no inspection fee be charged during the first year. MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to: 1. Adopt Resolution No. 24839 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2020-2021, ADOPTED BY RESOLUTION NO. 24434." 2. Authorize the City Manager to execute all documents necessary to effectuate this action. C. REQUEST STATE OF CALIFORNIA BUSINESS, CONSUMER SERVICES, AND HOUSING AGENCY AMEND THE BUDGET FOR THE CITY OF PALM SPRINGS HOMELESS HOUSING, ASSISTANCE AND PREVENTION PROGRAM GRANT This item was deleted from the agenda at the request of staff. D. RESOLUTION APPOINTING DAVID H. READY AS INTERIM CITY MANAGER AND APPROVING EMPLOYMENT AGREEMENT City Attorney Ballinger presented the staff report. In response to City Council inquiry, Mr. Ballinger confirmed that the interim City Manager salary must be the same amount as the pre-retirement rate, regardless of who is selected for the interim position. Mayor Pro Tern Middleton provided an update on the recruitment process and encouraged residents to send their questions for the next City Manager through the City website. City of Palm Springs Page 20 City Council Minutes December 10, 2020 MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to: 1. Adopt Resolution No. 24840 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPOINTING DAVID H. READY AS CITY MANAGER ON AN INTERIM BASIS AND APPROVING EMPLOYMENT CONTRACT," and appointing David H. Ready as City Manager on an interim basis pursuant to Government Code Sections 7522.56 and 21221(h). 2. Approve an Employment Agreement for the position of Interim City Manager between the City of Palm Springs and David H. Ready, subject to any non-substantive changes made by the City Attorney. A8653 E. APPOINTMENTS TO CITY COUNCIL SUBCOMMITTEES, LIAISONS, AND REPRESENTATIVES TO EXTERNAL ORGANIZATIONS Mayor Holstege and Councilmember Kors presented their subcommittee report and recommendations. Discussion ensued relative to the scheduling of study sessions. City Manager Ready recommended that the City Council could schedule one study session per month or included within its regular meetings. The City Council reviewed and selected preliminary appointments and directed staff to agendize the matter for the next City Council meeting for confirmation of the proposed appointments. CONSENT CALENDAR ITEM NO. lP, CALLED UP FOR RECONSIDERATION: P. REQUEST BY FUMIKO DOCKER OF PENCIL BOX ARCHITECTS, INC., ON BEHALF OF THE 420 LOUNGE, LLC (DBA COOKIES), FOR A MINOR ARCHITECTURAL APPLICATION TO APPLY A NEW COAT OF 'COOKIES BLUE' PAINT TO EXTERIOR BUILDING COLUMNS AND A WALL IN ADDITION TO ALTERING THE FRONTAGE OF AN EXISTING COMMERCIAL BUILDING FOR ADA COMPLIANCE AT A NEW CANNABIS DISPENSARY FACILITY LOCATED AT 777 NORTH PALM CANYON DRIVE (APN 505-283-008), ZONE C-1, SECTION 10, (CASE 3.229 MAA) Councilmembers Kors and Woods expressed concern regarding the use of opaque storefront windows for cannabis-related businesses, especially along Palm Canyon Drive. Councilmember Gamer voiced concern regarding the use of bright colors and the term "cookie" in the business name, citing that it may attract children. MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER GARNER, CARRIED 4-1 (MAYOR HOLSTEGE VOTING NO), to refer the matter to the Architectural Advisory Committee with direction to address the building's exterior windows and lighting. City of Palm Springs Page 21 City Council Minutes December 10, 2020 PUBLIC COMMENT ON NON-AGENDA ITEMS: Sara Glenn, voiced opposition to the placement of the Forever Marilyn sculpture near the Palm Springs Art Museum, citing concerns that it represents misogyny and exploits women. Peter Bray, spoke in opposition to the Forever Marilyn sculpture installation, citing a decrease in tourism revenue when it was previously located in Palm Springs. David Feltman, urged City Council to stand by its decisions to allow the installation of the Forever Marilyn statue. Steven Maloney, Chair of the Palm Springs Art Museum Board of Trustees, spoke in opposition to the City's decision to close Museum Way and install the Forever Marilyn statue in front of the museum. Sidney Williams, spoke in opposition to City Council's decision to place the Forever Marilyn statue in front of the Palm Springs Art Museum; stated it is essential that the view to the museum be unobstructed by the statue and expressed concerns the museum was not consulted on the placement of the statue. Mara Gladstone, Member of the Public Arts Commission, expressed concerns the Commission was not consulted on the placement of the Forever Marilyn statue; opposed the placement of the statue in front of the Palm Springs Art Museum and encouraged Council to form a working group to find a permanent home for the statue. Trina Turk, opposed the placement of the Forever Marilyn statue in front of the Palm Springs Art Museum. Steve Nash, Director Emeritus of the Palm Springs Art Museum, spoke in opposition to the placement of the Forever Marilyn statue in front of the museum. Lauren Wolfer, spoke in opposition to placement of the Forever Marilyn statue in front of the Palm Springs Art Museum; alleged Sherriff Bianco has neglected his duties to keep the public safe by refusing to enforce public health orders and mask mandates. Bruce Hoban, spoke in support of City Council's decision to place the Forever Marilyn on Museum Way. Mark Davis, spoke in opposition to the placement of the Forever Marilyn statue, opining the statue would damage the City's cultural heritage. Jack Lugo, urged City Council to open the basketball courts at Ruth Hardy Park. For clarification, City Attorney Ballinger reported that consideration of the Forever Marilyn statue was properly agendized and available for public comment. City of Palm Springs Page 22 City Council Minutes December 10, 2020 CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS (CONTINUED): Councilmember Garner noted the "Santa and Cocoa" event has been cancelled and suggested staff consider opening the basketball courts at Ruth Hardy Park and/or be consistent with all City parks. Mayor Pro Tern Middleton and Councilmember Kors requested that staff agendize consideration of issuing a statement on the importance of even-handed enforcement of lawful orders across jurisdictions. Councilmember Woods spoke on the need for a policy to address the use of the City seal and the use of custom logos for Boards, Commissions, and City Departments. Mayor Holstege recommended that the City Council schedule a Strategic Priorities Planning Session with the community and the new City Manager in February or March 2021. ADJOURNMENT: The City Council adjourned at 11:19 p.m. Respectfully submitted, Anthony J. Mejia, MMC City Clerk APPROVED BY CITY COUNCIL: / /2021 City of Palm Springs Page 23