HomeMy WebLinkAbout1A (01-14-21 Minutes)Thursday, January 14, 2021
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
Pursuant to Executive Order N-29-20, by Governor Newsom, this meeting was conducted by
teleconference and there was no in-person public access to the meeting location.
CALL TO ORDER:
A Regular Meeting of the Palm Springs City Council was called to order by Mayor Holstege
on Thursday, January 14, 2021, at 5:30 p.m.
PLEDGE OF ALLEGIANCE:
City Manager Ready led the Pledge of Allegiance.
ROLL CALL:
Present:
Absent:
City Staff
Present:
Councilmembers Grace Elena Gamer, GeoffKors, Dennis Woods; Mayor Pro Tern
Lisa Middleton; and Mayor Christy Holstege
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:
Mayor Holstege read a Proclamation recognizing December 18, 2020, as International Migrants
Day in the City of Palm Springs.
Emergency Management Coordinator DeSelms presented an update of COVID-19 statistics
including new cases, trends, ICU capacity and testing.
Assistant City Manager Fuller presented an update of wastewater COVID-19 tests, noting
increases in the presence of the virus in wastewater.
Greg Rodriguez, Riverside County, presented an update of the Riverside County vaccination and
distribution efforts. In response to City Council inquiry, Mr. Rodriguez advised that the County
is inquiring with the State whether domestic workers qualify for vaccines at this time; advised
that senior residents without computer access may contact the Riverside County Office on Aging
for vaccine appointments.
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City Council Minutes January 14, 2021
ACCEPTANCE OF THE AGENDA:
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 5-0, to remove Consent Calendar Item Nos. IG and IX for separate
discussion and to reorder the agenda to move Consent Item No. 10 to Unfinished Business Item
No.4A.
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of January 14, 2021, was called to order by Mayor
Holstege at 3:00 p.m., with all members present.
The meeting convened into Closed Session to discuss the following items as listed on the Regular
Closed Session Meeting Agenda:
CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION, Pursuant to
Government Code Section 54956.9(d)(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
NDC Equities Downtown PS, LLC et al v. City of Palm Springs,
Case No. PSC 1807579, Superior Court of the State of California, County of
Riverside/Case No. 5:19-CV-00100-JGB(SHKx), United States District Court/ Case
No. 20-56080 United States Court of Appeals for the Ninth Circuit
CONFERENCE WITH LEGAL COUNSEL -MA TIERS 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 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 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)
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City Council Minutes January 14, 2021
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:
"Rimrock" property, 42.32 Acres south of East Palm Canyon
Drive between Palm Hills Drive and Golf Course Drive.
APN 681-480-011
City of Palm Springs
David H. Ready, City Manager or Designee
Coachella Valley Conservation Commission (CVCC)
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:
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.
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City Council Minutes January 14, 2021
PUBLIC TESTIMONY:
Jimmy McGill, speaking on Item 1 W, urged the City Council to support the resolution of public
convenience or necessity for his restaurant.
Deiter Crawford, speaking on Item SC, voiced support for the application of grant fund , opining
that the City's Parks and Recreation Department should administer the grant funds rather than an
outside agency .
Lisa Lenes, spoke about homeless encampments in her community; noted increased dangers with
the current pandemic and urged the City to address the matter.
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS:
Mayor Pro Tern Middleton provided an update on the activities of the Riverside County
Transportation Commission, noting that she was selected to represent the Coachella Valley on the
Executive Committee; noted that the League of California Cities will be discussing a proposal for
the allocation of emergency state and federal funds.
Councilmember Gamer announced that she will serve on the Desert Regional Medical Center
Board of Directors; requested that staff trim trees at the James 0. Jessie Unity Center, noting that
they are blocking streetlights during food distribution events; encouraged residents to participate
in the upcoming Martin Luther King Jr. event hosted by the Palm Springs Black History
Committee.
Councilmember Kors stated that he was selected as Co-Chair of the California Mayors Coalition;
reported on the activities of the COVID-19 Reopening Task Force and Palm Springs Hospitality
Association.
City Manager Ready announced that staff will present an update on the status of body-worn
cameras at the next City Council meeting.
Mayor Holstege reported on a recent meeting with City staff regarding maintenance issues at
mobile home parks; invited residents to participate in an upcoming District 4 Town Hall Meeting.
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to approve the consent calendar, with the removal of Item Nos. lG
and 1 X for separate discussion.
A. APPROVAL OF MINUTES
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to approve the City Council Special Meeting Minutes of
October 7 and December 10, 2020.
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B. TREASURER'S INVESTMENT REPORT AS OF NOVEMBER 30, 2020
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to receive and file the Treasurer's Investment Report as of
November 30, 2020.
C. APPROVAL OF PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID THE BIOSOLIDS HANDLING AREA UPGRADE
PROJECT AT THE WASTEWATER TREATMENT PLANT, CITY PROJECT
NO. 20-15
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 the Biosolids Handling Area Upgrade, City Project
No. 20-15.
D. APPROVAL TO EXTEND AGREEMENTS ON A MONTH-TO-MONTH BASIS FOR
ON-CALL ARCHITECTURAL AND LANDSCAPE ARCHITECTURAL SERVICES
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Approve a 6-month extension to Contract Services Agreement No. 6780 with
Interactive Design Corporation. A6780
2. Approve a 6-month extension to Contract Services Agreement No. 6783 with Urrutia
Marks Architects . A6783
3. Approve a 6-month extension to Contract Services Agreement No. 6785 with David
Evans and Associates, Inc. A6785
4. Approve a 6-month extension to Contract Services Agreement No. 6786 with David
Volz Design Landscape Architects, Inc. A6786
5. Authorize the City Manager to execute all necessary documents.
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City Council Minutes January 14, 2021
E. SECOND READING AND ADOPTION OF ORDINANCE NUMBER 2036 OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING THE EXPANSION OF PLANNED DEVELOPMENT DISTRICT
(PD281) IN LIEU OF A CHANGE OF ZONE FOR THE 13.2-ACRE DESERT AIDS
PROJECT CAMPUS AND ESTABLISHING SPECIFIC DEVELOPMENT
STANDARDS FOR THE VISTA SUNRISE II APARTMENT BUILDING
LOCATED AT 1695 NORTH SUNRISE WAY, ZONES P/R2, SECTION 11, (CASE
NO 5.0934 POD 281 & (DA) DEVELOPMENT AGREEMENT) AND; SECOND
READING AND ADOPTION OF ORDINANCE NUMBER 2037 OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
SECTION 94.08.11 OF THE PALM SPRINGS ZONING CODE, PROVIDING FOR
A DEVELOPMENT AGREEMENT WITH THE COACHELLA VALLEY
HOUSING COALITION (CVHC) TO INCLUDE A DEVELOPMENT SCHEDULE
FOR THE CONSTRUCTION OF A SIXTY-ONE (61) UNIT SPECIAL NEEDS
HOUSING APARTMENT COMPLEX
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Adopt 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."
2. Adopt 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."
F. ACCEPT THE RESIGNATIONS FROM THE ADMINISTRATIVE APPEALS
BOARD AND MEASURE J OVERSIGHT COMMISSION
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Accept with regret the resignation of Robert Findley from the Administrative Appeals
Board.
2. Accept with regret the resignation of Francis La Branche, Jr, DDS, from the
Measure J Oversight Commission.
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City Council Minutes January 14, 2021
G. RECEIVE AND FILE THE ROSTER OF CITY COUNCIL SUBCOMMITTEES,
LIAISONS, AND REPRESENTATIVES TO EXTERNAL ORGANIZATIONS
This item was excluded from the Consent Calendar. Please refer to Page 12 of these
minutes for a summary of that action.
H. RATIFY THE NOMINATION OF THE CITIES OF CATHEDRAL CITY AND
COACHELLA TO THE PALM SPRINGS INTERNATIONAL AIRPORT
COMMISSION
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Appoint Jill Philbrook, representing Cathedral City, to the Palm Springs International
Airport Commission effective immediately for a term ending June 30, 2021.
2. Appoint Gabriel Martin, representing the City of Coachella, to the Palm Springs
International Airport Commission effective immediately for a term ending
June 30, 2022.
I. APPROVAL OF AN AGREEMENT WITH DESERT WATER AGENCY FOR THE
EXTENSION OF WATER SERVICE AND CONNECTIONS AS A PART OF THE
CONSTRUCTION OF THE INDIAN CANYON DRIVE WIDENING & BRIDGE
REPLACEMENT, CITY PROJECT NO. 01-11
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Approve an Agreement with Desert Water Agency related to the Indian Canyon Drive
Widening and Bridge Replacement, City Project No. 01-11, Federal Aid Project
No. BRLO 5282 (017). A8663
2. Authorize the City Manager to execute all necessary documents.
J. APPROVAL OF TEN-YEAR LEASE AGREEMENT WITH CAPITAL ONE
PUBLIC FUNDING FOR ACQUISITION OF TWO NEW WILDLAND UNITS
(FIRE ATTACK ENGINES)
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to adopt Resolution No. 24841 entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING THE EXECUTION AND DELIVERY OF AN EQUIPMENT LEASE
PURCHASE AGREEMENT, ESCROW AGREEMENT, AND CERTAIN RELATED
DOCUMENTS WITH RESPECT TO LEASING CERTAIN EQUIPMENT." A8664
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City Council Minutes January 14, 2021
K. SECOND READING AND ADOPTION 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
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to adopt Ordinance No . 2038 entitled, "AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING
CHAPTER 8.105 "ELECTRIC VEHICLE CHARGING ST A TION 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."
L. RESOLUTION SUPPORTING SENATE BILL 74 -KEEP CALIFORNIA
WORKING ACT
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to adopt Resolution No. 24842 entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
SUPPORTING SENATE BILL 74 -KEEP CALIFORNIA WORKING ACT."
M. PURCHASE TWO X-SERIES ADV AN CED CARDIAC LIFE SUPPORT (ACLS)
MONITOR/DEFIBRILLATORS WITH WARRANTY AND RELATED SUPPORT
EQUIPMENT AND TWO AUTOPULSE SYSTEM AND ACCESSORIES FROM
ZOLL MEDICAL CORPORATION
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Purchase two ZOLL X-Series Advanced Cardiac Life Support (ACLS)
Monitor/Defibrillator, related support equipment, and one-year warranty utilizing
Riverside County contract discounted pricing in the amount of$44,256.43 from ZOLL
Medical Corporation.
2. Purchase two AutoPulse Systems with Pass-Thru utilizing Riverside County contract
discounted pricing in the amount of$22,477.30 from ZOLL Medical Corporation.
3. -Authorize the City Manager to execute all necessary documents.
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City Council Minutes January 14, 2021
N. APPROVAL OF A COOPERATIVE AGREEMENT WITH RIVERSIDE COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT RELATED TO
CONSTRUCTION OF PALM SPRINGS MASTER DRAINAGE PLAN LINE 41,
STAGE 3 AND ASSOCIATED IMPROVEMENTS
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 and the City of Palm Springs associated with the
construction, operation, and maintenance of the Master Drainage Plan Line 41, Stage 3,
and associated improvements. A8665
2. Authorize the City Manager to execute all necessary documents.
0. APPROPRIATION OF QUIMBY ACT PARK FEES AS THE CITY'S LOCAL
MATCH FOR THE LAND AND WATER CONSERVATION FUND GRANT FOR
THE DEMUTH DOG PARK PROJECT
At the request of staff, the City Council reordered the agenda to move Consent Item
No. 10 to Unfinished Business Item No. 4A.
P. APPROVAL OF AMENDMENT NO. 1 TO SUPERCHARGER AGREEMENT
WITH TESLA, INC., FOR TESLA SUPERCHARGER STATIONS LOCATED
WITHIN THE DOWNTOWN PALM SPRINGS PARKING GARAGE
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Approve Amendment No. 1 to the Supercharger Agreement (Agreement No. 7213)
with Tesla, Inc., a Delaware corporation. A7213
2. Authorize the City Manager to execute all necessary documents.
Q. REQUEST BY NICHOLAS PEPPER, OWNER, FOR APPROVAL OF MILLS ACT
HISTORIC PROPERTY PRESERVATION AGREEMENT FOR THE FRANZ
ALEXANDER RESIDENCE, A CLASS 1 HISTORIC SITE LOCATED AT 1011
WEST CIELO ROAD (APN #504-201-024), (HSPB #132)
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 Nicholas Pepper. A8666
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement with the County of Riverside.
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City Council Minutes January 14, 2021
R. REQUEST BY JOHN FUDYMA AND SARAH FALLON, OWNERS, FOR
APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR 2244 EAST TAHQUITZ CANYON WAY UNIT #5 (APN 502-
085-005), A CONTRIBUTING STRUCTURE IN THE DESERT HOLLY
HISTORIC DISTRICT (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, John Fudyma and Sarah Fallon, and the Desert Holly Homeowners
Association, for 2244 East Tahquitz Canyon Way Unit #5. A8667
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement.
S. REQUEST BY CHRISTOPHER PANIZZON, OWNER, FOR APPROVAL OF
MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 191
WEST MERITO PLACE, A CONTRIBUTING STRUCTURE IN THE MERITO
MANOR HISTORIC DISTRICT (APN #505-302-013), (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 Christopher Panizzon and the Merito Manor Homeowners
Association. A8668
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement with the County of Riverside.
T. REQUEST BY ANDRE ATOIAN, OWNER, FOR APPROVAL OF MILLS ACT
HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 187 WEST
MERITO PLACE, A CONTRIBUTING STRUCTURE IN THE MERITO MANOR
HISTORIC DISTRICT (APN #505-302-020), (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 Pahn
Springs and Andre Atoian and the Merito Manor Homeowners Association. A8669
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement with the County of Riverside.
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City Council Minutes January 14, 2021
U. REQUEST BY CHRISTOPHER CAPALBO, OWNER, FOR APPROVAL OF A
MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 207
EAST TWIN PALMS DRIVE (APN 511-070-012), A CONTRIBUTING
STRUCTURE IN THE ROYAL HAWAIIAN ESTATES HISTORIC DISTRICT
(HSPB 73 / HD-2)
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, Christopher Capalbo, and the Royal Hawaiian Estates Homeowners
Association, for 207 East Twin Palms Drive. A8670
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement.
V. REQUEST BY ALYSSA AND JESSE SINGER, OWNERS, FOR APPROVAL OF A
MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 271
EAST TWIN PALMS DRIVE (APN 511-070-019), A CONTRIBUTING
STRUCTURE IN THE ROYAL HAWAIIAN ESTATES HISTORIC DISTRICT
(HSPB 73 / HD-2)
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, Alyssa and Jesse Singer, and the Royal Hawaiian Estates Homeowners
Association, for 271 East Twin Palms Drive. A8671
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement.
W. REQUEST BY BOOZEHOUNDS, LLC FOR A RESOLUTION OF PUBLIC
CONVENIENCE OR NECESSITY (PCN) FOR A TYPE 48 -ON-SALE GENERAL -
PUBLIC PREMISE (BAR, NIGHTCLUB) IN CONJUNCTION WITH THE
OPERATION OF A FULL-SERVICE RESTAURANT AT 2080 NORTH PALM
CANYON DRIVE, ZONE C-1 (CASE 5.1166 PCN)
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to adopt Resolution No. 24843 entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DETERMINING THAT PUBLIC CONVENIENCE OR NECESSITY WOULD BE
SERVED BY THE ISSUANCE OF ALCOHOLIC BEVERAGE CONTROL LICENSE
TYPE 48 FOR BOOZEHOUNDS LOCATED AT 2080 NORTH PALM CANYON
DRIVE WITHIN CENSUS TRACT NUMBER 446.06."
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City Council Minutes January 14, 2021
X. APPROVE A CONTRACT AMENDMENT WITH SCENE CREATIVE FOR
PROJECT MANAGEMENT AND CONSULTING SERVICES
This item was excluded from the Consent Calendar. Please refer to Page 13 of these
minutes for a summary of that action.
Y. CITY OF PALM SPRINGS DEVELOPMENT PROJECT FEE REPORT FOR
FISCAL YEAR 2019-20
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to receive and file the City's Development Project Fee Report
for Fiscal Year 2019-20.
Z. ANNUAL ACCOUNTABILITY REPORT FOR COMMUNITY FACILITIES
DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) AND COMMUNITY
FACILITIES DISTRICT 2007-1 (TRIBAL LANDS)
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to receive and file the Community Facilities District No. 2005-1
(Public Safety Services) and Community Facilities District No. 2007-1 (Tribal Land) Special
Tax and Bond Accountability Report for Fiscal Year 2019-20.
AA. CONSIDERATION AND APPROVAL OF AMENDMENT NO. 5 TO
DESTINATION PALM SPRINGS AGREEMENT-PS RESORTS
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Approve Amendment No. 5 to the Destination Palm Springs Agreement with
PS Resorts. A6187
2. Authorize the City Manager to execute the amendment.
EXCLUDED CONSENT CALENDAR:
G. RECEIVE AND FILE THE ROSTER OF CITY COUNCIL SUBCOMMITTEES,
LIAISONS, AND REPRESENTATIVES TO EXTERNAL ORGANIZATIONS
Councilmember Kors noted minor corrections to the roster.
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 5-0, to:
1. Receive and file the roster of City Council subcommittees, liaisons, and representatives to
external organizations, as amended.
2. Authorize the City Clerk to prepare and execute FPPC Form 806, Public Official
Appointments.
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City Council Minutes January 14, 2021
X. APPROVE A CONTRACT AMENDMENT WITH SCENE CREATIVE FOR
PROJECT MANAGEMENT AND CONSULTING SERVICES
Councilmember Woods commended the Public Arts Commission for their efforts to disburse
public art throughout the City; noted that residents have expressed concern regarding recent art
installations at historic sites, such as City Hall; suggested that a formal review process should
be required for art installations at historic sites and to allow a neighborhood to request the
installation of public art.
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 5-0, to approve Amendment No. 1 to Agreement No. 8572 with
Scene Creative in an amount not to exceed $25,000, for a total contract amount of $45,000 for
project management and consulting services. A8572
2. PUBLIC HEARINGS:
A. WEST HOLLYWOOD COMMUNITY HOUSING CORPORATION (WHCHC) FOR
A PLANNED DEVELOPMENT DISTRICT APPLICATION TO CONSTRUCT A
71-UNIT MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENT ON A 1. 76-ACRE
SITE LOCATED AT THE SOUTHWEST CORNER OF WEST STEVENS ROAD
AND NORTH PALM CANYON DRIVE, ZONE C-1 AND R-2 (CASE NO. 5.1520
PD-390)
Assistant Director of Planning Newell narrated a PowerPoint presentation and responded
to City Council inquiries.
Mayor Holstege opened the Public Hearing.
Jesse Slansky, Wil Carson, and Matt Mason, Applicants, spoke about the organization's
mission and goals; addressed the project's architectural design and materials; spoke on the
site's access points, traffic circulation, and parking requirements.
Greg Rodriguez, voiced support for the proposed project; noted the demand for more
permanent supportive housing to help address increasing homelessness; pointed out that
the project is within proximity to grocery stores, amenities, and public transit.
Taylor Libolt Varner, Regional Affordable Housing Planner, Lift to Rise, spoke in support
of the project and addressed increased housing instability in the valley.
Robert Nunez, voiced concern regarding landscape screening, vehicular and pedestrian
traffic, public safety, and the need for consistent window treatments.
Nikki Paschal, voiced support of the project; discussed the high-end design and thanked
the developer for meeting with and addressing the concerns of the community.
Gene Carrara, expressed concern with increased traffic onto Camino Norte and opined that
a density bonus should not apply to the project.
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City Council Minutes January 14, 2021
Stephen Moses, recommended that the City Council approve the project.
Ryan Letterman, Board Member, West Hollywood Community Housing Corporation,
spoke in support of the project and in their ability to serve an underserved community.
Kathy Weremuik, Chair, Planning Commission, voiced support for the project, noting that
it complies with the City's parking requirements.
Wil Carson, Applicant, pointed out that the landscape screening will grow over time and
noted that the windows will have consistent treatments.
There being no others desiring to speak, Mayor Holstege closed the Public Hearing.
Mayor Holstege and Councilmember Kors reported on their ex parte communications with
the developer, neighborhood organizations, and other parties.
Councilmember Kors thanked the applicants for working collaboratively with the nearby
neighborhoods and businesses and making modifications in response to their concerns.
Councilmember Woods spoke in support of the project; recommended that the applicant
add bicycle storage for residents.
In response to City Council inquiry, Mr. Slansky advised that pets will be allowed and
noted the location of the pet relief area.
Following discussion, MOTION BY MAYOR HOLSTEGE, SECOND BY
COUNCILMEMBER KORS, CARRIED 5-0, to:
1. Approve the originally proposed site plan with a restriction imposed on the Camino
Norte entrance to restrict it for emergency access only.
2. Adopt Resolution No. 24844 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PLANNED
DEVELOPMENT DISTRICT, CASE NO. 5.1520 PD-390, TO CONSTRUCT A 71-
UNIT MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENT ON A 1.76-ACRE
SITE LOCATED AT THE SOUTHWEST CORNER OF WEST STEVENS ROAD
AND NORTH PALM CANYON DRIVE," with the addition of the following
conditions of approval:
a. "The 12 parking spaces adjacent to the southerly building wing on the south side
of the parking may be used for outdoor useable space by residents, if it can be
demonstrated by the developer that these parking spaces are not being used and on-
site parking is not dispersed onto adjacent streets, as determined by the Director of
Planning."
(City Council action continued on the next page)
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b. "A vehicular access gate shall be installed restricting parking lot access for emergency
vehicle access only, subject to future evaluation by the City Engineer if warranted. Any
change to the emergency access restriction will require advance notice to the
surrounding residents and neighborhood organizations in accordance with Section
94.09.00 (Public Hearing Procedure), and consideration by the Planning Commission
based on a recommendation from the City Engineer determined on traffic volumes on
Stevens Road and concern for traffic safety."
c. "The project shall be required to provide secure bicycle parking facilities on site
for use by residents and commercial/retail patrons and owners. Location and design
shall be approved by the Director of Planning."
MEETING RECESS
The City Council recessed at 7:51 p.m. and reconvened at 8:01 p.m., with all members present.
B. DTPS 8-3, LLC FOR A MAJOR ARCHITECTURAL APPLICATION TO
CONSTRUCT A SIX STORY, 73,300-SQUARE-FOOT MIXED USE BUILDING
(MULTI-FAMILY RESIDENTIAL CONDOMINIUMS AND COMMERCIAL)
WITH 45 FOR SALE RESIDENTIAL UNITS AND GROUND FLOOR
COMMERCIAL LOCATED ON BLOCK "B-1" OF THE DOWNTOWN PALM
SPRINGS SPECIFIC PLAN AT THE NORTHEAST CORNER OF BELARDO
ROAD AND MUSEUM WAY; 200 NORTH BELARDO ROAD, ZONE CBD (CASE
NOS. 3.3908 MAJ AND TTM 37935)
Assistant Director of Planning Newell narrated a PowerPoint presentation. In response to
City Council inquiries, Mr. Newell advised that the applicant intends to install artwork on
the ground floor to draw people onto the paseo; stated that staff finds that the project is
consistent with the architectural design guidelines relative to massing and the specific plan.
Mayor Holstege opened the Public Hearing.
Michael Braun, Mark Kirkhart. Dion McCarthy. and Emily Hemphill, Applicants, spoke
about the evolving design of the project; noted the project meets or exceeds the criteria
identified in the specific plan; addressed activating the pedestrian experience and
consideration of public input.
Michael Kassinger, voiced opposition to requiring a restaurant along Belardo Road, noting
minimal pedestrian and vehicular exposure and visibility; pointed out the number of vacant
commercial spaces in the Downtown.
Kathy Weremuik, Chair, Planning Commission, pointed out that the Planning Commission
and Architectural Advisory Committee have not reviewed the project design and materials;
expressed concern regarding the lack of pedestrian activation on Belardo Road.
Brian Rix, spoke in support of the project; opined that a restaurant should not be required,
noting that existing restaurants are struggling.
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City Council Minutes January 14, 2021
Peggy Trout, spoke in favor of the project and stated it will add to the revitalization of the
Downtown area.
Jerry Keller, spoke in favor of the project, noting that a restaurant on Belardo would be
non-productive as there would not be enough foot traffic to support it.
Doug Watson, spoke in support of the project and discussed the design being reflective of
the spirit of the environment and the cultural imprints of the City.
David Freedman, spoke about green building requirements in the specific plan and urged
City Council to include in the conditions of approval green building requirements.
Juan Serrato, stated that the project will serve to rebuild the economy in the area; listed
benefits of the project and urged City Council to approve it.
Steve Hoffman, spoke in support of the project; noted the Downtown area is dependent on
residents living in the area and expressed concerns regarding requirements to maintain
excessive commercial space in the area.
Nona Watson, CEO, Palm Springs Chamber of Commerce, spoke in support of the project;
noted the additional retail space on the ground floor will be difficult to retain and urged
City Council to approve the project.
Alex Zamora, addressed the importance of hiring local workers and urged City Council to
approve the project.
Matthew Leyba-Gonzalez, stated that the project will produce high-quality jobs for local
residents and asked that City Council approve the project.
Ethan Kaminsky. spoke in support of the project, opining that the project will revitalize the
Downtown.
Kenny Jervis, spoke about increasing demands for residential units; expressed support for
the project and urged the City Council to approve it.
Chris Menrad, opined the design lacks vibrancy and urged City Council to deny the project
as designed.
John Shay. spoke in support of the project noting it will help to revitalize surrounding
businesses.
Emily Hemphill, attorney representing the Applicant, pointed out that staff's analysis finds
that the project meets the requirements of the Specific Plan; pointed out that the ground
floor commercial space can be office space; stated that the project complies with the
California Environmental Quality Act; voiced opposition to requiring commercial space
on Market Street.
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City Council Minutes January 14. 2021
There being no others desiring to speak, Mayor Holstege closed the Public Hearing.
Mayor Holstege announced her ex parte communications with the applicant and Planning
Commission Chairperson Weremuik; noted that she has no financial interest in the project.
In response to City Council inquiry, City Attorney Ballinger advised that the California
Housing Accountability Act and other regulations place limitations on the City Council's
ability to use subjective zoning standards to deny or place conditions in a manner that
reduces the number of residential units; noted that the City Council may deny the project
on objective standards, including the ground-floor street frontage requirements in the
specific plan.
In response to City Council inquiry, Michael Braun and Mark Kirkhart stated that Market
Street will be a pedestrian paseo, noting the possibility of placing a cafe and public art to
activate the area; noted that a restaurant would compete with existing businesses already
struggling. Mr. Braun advised that he will be entering into agreements with labor unions
to hire locally and agreed to adding a condition of approval to this effect. Mr. Kirkhart
noted that the building will be designed to exceed the green building requirements.
Councilmembers Gamer and Woods expressed concern regarding the ground floor design
and building architecture and recommended adding a condition of approval to refer the
matter to the Architectural Advisory Committee (AAC) for additional review.
Councilmember Kors noted that businesses such as "On the Mark" are successfully
operating on side streets, noting that people want unique stores more than major chain
brands.
The City Council noted that decisions about the type of businesses on the ground floor
should focus on long term success, noting that COVID-19 will pass and businesses will
resume normal operations.
Assistant Director of Planning Newell explained the methodology used and noted staff felt
that commercial shown on the ground floor is the majority of street frontages on Andreas
and Museum Way; addressed communal space and reported the paseo was not evaluated
as a street frontage.
Mayor Pro Tern Middleton felt it important to specify that no less than 45 residential units
are being approved and to forward the remaining tentative tract to the Planning
Commission and AAC for review of the latest iteration of the plan and to come up with a
ground-floor plan that meets the legal requirements of what Council has discretion over
and is architecturally attractive.
MOTION BY COUNCILMEMBER WOODS TO APPROVE THE RESDIENTIAL
PORTION OF THE PLAN AND REFER THE TENTATIVE TRACT MAP FOR
FURTHER REVIEW BY THE PLANNING COMMISSION AND AAC. The motion died
for lack of a second.
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City Council Minutes January 14, 2021
MOTION BY MAYOR HOLSTEGE, SECOND BY MAYOR PRO TEM MIDDLETON,
CARRIED 5-0, to:
1. Adopt Resolution No. 24845 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MAJOR
ARCHITECTURAL APPLICATION, CASE NO. 3.3908 MAJ, TO CONSTRUCT A
SIX-STORY MIXED-USE BUILDING WITH 45 RESIDENTIAL UNITS AND
GROUND FLOOR COMMERCIAL LOCATED ON BLOCK B-1 OF THE
DOWNTOWN PALM SPRINGS SPECIFIC PLAN LOCATED AT THE
NORTHEAST CORNER OF BELARDO ROAD AND MUSEUM WAY, ZONE
CBD," with the addition of the following conditions of approval:
a. Comply with Green Building & Energy Efficiency. The Applicant shall comply
with the requirements in Section "G" of the Downtown Palm Springs Specific Plan,
including construction that is consistent with the City's Green Building Program
"Tree Level" in effect at the time of issuance of building permit.
b. Labor Union Agreement. The Applicant shall contract with a local labor union(s)
to construct the proposed project as agreed upon at the January 14, 2021 City
Council meeting.
c. AAC Review. Prior to issuance of building permits, the Applicant shall submit
plans for AAC review that provide design treatments and details to activate the
exteriors of the ground floor around the building.
MOTION BY MAYOR HOLSTEGE, SECOND BY MAYOR PRO TEM MIDDLETON,
CARRIED 3-2 (COUNCILMEMBERS KORS AND WOODS VOTING NO), to:
2. Adopt Resolution No. 24846 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A TENTATIVE
TRACT MAP , CASE NO . TTM 37935, TO CREATE A ONE LOT CONDOMINIUM
MAP FOR THE 0.84-ACRE PARCEL TO ALLOW 45 FOR-SALE RESIDENTIAL
UNITS ON BLOCK B-1 OF THE DOWNTOWN PALM SPRINGS SPECIFIC PLAN
LOCATED AT THE NORTHEAST CORNER OF BELARDO ROAD AND
MUSEUM WAY, ZONE CBD."
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS:
A. APPROPRIATION OF QUIMBY ACT PARK FEES AS THE CITY'S LOCAL
MATCH FOR THE LAND AND WATER CONSERVATION FUND GRANT FOR
THE DEMUTH DOG PARK PROJECT
The City Council continued this matter to the City Council meeting of January 28, 2021.
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City Council Minutes January 14, 2021
5. NEW BUSINESS:
A. REQUESTS AND ALLOCATION OF HOMELESS HOUSING, ASSISTANCE
AND PREVENTION PROGRAM GRANT FUNDS
Director of Community and Economic Development Virata presented the staff report and
responded to City Council inquiries.
The City Council received presentations from representatives of the Coachella Valley
Housing Corporation (CHOC) and West Hollywood Community Housing Corporation
(WHCHC) regarding the need to secure gap funding for the proposed projects to help
improve their ability to compete for tax credits.
City Manager Ready advised that the City has an Exclusive Negotiating Agreement with
WHCHC which expires in May 2021, noting that staff will administratively extend the
term of the agreement through November 2021.
In response to City Council inquiry, City Attorney Ballinger advised that the commitment
letters indicate that the developers will prioritize Palm Springs residents experiencing
homelessness to the extent legally permissible.
The City Council agreed to commit an allocation of $2 million from Affordable Housing
Fund and the remainder shall be allocated from the Homeless Housing, Assistance and
Prevention Program Grant.
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR HOLSTEGE,
CARRIED 5-0, to:
1. Approve a Funding Commitment in the amount of$3,600,000 for the Coachella Valley
Housing Coalition for the Vista Sunrise II Project from the City's Homeless Housing
Assistance and Prevention Program Grant.
2. Approve a Funding Commitment in the amount of $2,400,000 for the West Hollywood
Community Housing Corporation for the Agave at Palm Canyon Project, including a
Commitment of City-owned real property located at the southwest comer of West
Stevens Road and North Palm Canyon Drive, subject to terms and conditions of a future
Disposition and Development Agreement.
3. Authorize the City Manager to execute the Funding Commitment Letters for the Vista
Sunrise II Project and Agave at Palm Canyon Project, including making minor,
non-substantive changes, and to sign all documents necessary.
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B. PALM SPRINGS COVID-19 SMALL BUSINESS ASSISTANCE PROGRAM
Assistant City Manager Fuller presented the staff report and responded to City Council
mqumes.
Councilmember Kors reported on the activities of the COVID-19 Reopening Task Force,
including setting up a hotline and email to assist businesses and suggested that the City
utilize its funding for businesses who have not qualified for financial support from other
sources; requested that the City Council approve an appropriation of $25,000 to the
Chamber of Commerce to fund a rebate program to support local restaurants.
During the course of discussion, the City Council addressed the need to ensure that funds
go to local small businesses, including those businesses outside the Downtown area, and
establishing criteria for qualification.
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to amend the Fiscal Year 2020/2021 Budget to appropriate
$1,000,000 from unrestricted General Fund balance for the Palm Springs COVID-19 Small
Business Assistance Program.
The City Council agreed that additional information is needed for the proposed rebate program
for the Chamber of Commerce and requested an update at the next City Council meeting.
C. ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY OF PALM
SPRINGS, SERVING AS LEAD PUBLIC AGENCY, WITH THE BOYS AND
GIRLS CLUB OF PALM SPRINGS TO APPLY FOR PROPOSITION 64 PUBLIC
HEALTH AND SAFETY GRANT FUNDING
Councilmember Kors announced that he previously served on the Board of Directors, and
recused himself, and left the meeting .
City Manager Ready presented the staff report and responded to City Council inquiries.
Councilmember Gamer pointed out that the Boys and Girls Club should outreach to all
areas of the City .
MOTION BY MAYOR HOLSTEGE, SECOND BY COUNCILMEMBER GARNER,
CARRIED 4-0 (WITH COUNCILMEMBER KORS RECUSED), to:
1. Adopt Resolution No. 24847 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY
OF PALM SPRINGS, SERVING AS LEAD PUBLIC AGENCY, WITH THE BOYS
AND GIRLS CLUB OF PALM SPRINGS TO APPLY FOR PROPOSITION 64
PUBLIC HEALTH AND SAFETY GRANT FUNDING."
2. Authorize the City Manager to execute all documents consistent with this Resolution.
Councilmember Kors returned to the meeting.
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PUBLIC COMMENTS ON NON-AGENDA ITEMS:
The following individuals urged the City Council to consider enactment of a Hero Pay Ordinance for
grocery store and pharmacy workers.
• Robert Hogan, grocery store employee
• Aaron Velarde, UFCW 1157
• Alex Denton, grocery store employee
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT:
Mayor Pro Tern Middleton requested that staff evaluate the feasibility of enacting "Hero Pay" for
essential workers.
Councilmember Gamer spoke on the need to advocate for vaccinations for essential workers.
Mayor Holstege requested that consideration of opposing an amendment to the Desert Renewable
Energy Conservation Plan be agendized for the next City Council meeting.
ADJOURNMENT:
The City Council adjourned at 12:10 a.m., in memory Dr. Diane Ross, Tom Picchi, and Jim Stewart.
Respectfully submitted,
Anthony J. Mejia, MMC
City Clerk
APPROVED BY CITY COUNCIL: / /2021
City of Palm Springs Page 21