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.
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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
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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
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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:
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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.
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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.
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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.
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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.
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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.
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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.
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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."
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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.
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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)
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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.
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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.
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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.
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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.
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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.
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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.
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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