Loading...
HomeMy WebLinkAbout1AThursday, March 11, 2021 Minutes of the Regular Meeting of the City Council and 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 Holstege on Thursday, March 11, 2021, at 5:45 p.m. PLEDGE OF ALLEGIANCE: Councilmember Garner led the Pledge of Allegiance. ROLL CALL: Present: Absent: City Staff Present: Councilmembers Grace Elena Gamer, GeoffKors, Dennis Woods; Mayor Pro Tern Lisa Middleton; and Mayor Christy Holstege None. David H. Ready, City Manager; Jeffrey Ballinger, City Attorney; Marcus Fuller, Assistant City Manager; and Anthony J. Mejia, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PRESENTATIONS: • PROCLAMATION -INTERNATIONAL WOMEN'S MONTH Councilmember Gamer, Mayor Pro Tern Middleton, and Mayor Holstege read a Proclamation declaring March 2021 as International Women's Month in Palm Springs. • COVID-19 CASE UPDATE Emergency Management Coordinator DeSelms presented an update of COVID-19 statistics; noted Riverside County will be moving into the red tier; discussed changes to the tier system; addressed County and City total cases and trends and spoke about testing and vaccination. • COVID-19 WASTEWATER TREATMENT UPDATE Assistant City Manager Fuller presented an update of wastewater COVID-19 tests including updated test results and reduced COVID-19 disease prevalence in the wastewater stream. /l f\ ITEM NO.~----1 City Council Minutes March 11, 2021 • PRESENTATION OF THE AUDIT REPORT BY THE PUN GROUP Director of Finance and Treasurer Pauley introduced Ken Pun, Managing Partner, The Pun Group, who narrated a Power Point presentation addressing the agency's responsibility to perform the audit according to professional standards and detailed the audit findings. In response to Mayor Pro Tern Middleton's question, Mr. Pun confirmed he had access to all materials he sought; noted staff was cooperative to all of his requests; stated there was no disagreement from staff relative to the recommendations; addressed recommended changes and reported that the adjustments made resulted in a positive financial position for the City. • PRESENTATION ON THE LEASE REVENUE BONDS Financial Advisor Harrell summarized the purpose and estimated cost savings as a result of moving forward with the issuance of lease revenue refunding bonds for the Downtown Revitalization Project. ACCEPTANCE OF THE AGENDA: MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to accept the agenda with the removal of Consent Calendar Item No. lG for separate discussion. REPORT OF CLOSED SESSION: The Regular Closed Session of the City Council of March 11, 2021, was called to order by Mayor Holstege at 3 :00 p.m., with all members present. City Attorney Ballinger requested that the City Council add one Closed Session Item to the agenda, noting there is a need to immediately discuss, and provide direction to staff, and that the need for action came to the attention of the City after to the posting of the agenda. On a motion by Councilmember Kors, seconded by Councilmember Gamer, carried 5-0, the City Council added the following Closed Session Item to the agenda: CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION, Pursuant to Government Code Section 54956.9(d)(l): Sabordo_/ Huerto v. City of Palm Springs. Case No. PSC 1602732, Superior Court of the State of California, County of Riverside City of Palm Springs Page2 2 City Council Minutes March 11, 2021 The meeting convened into Closed Session to discuss the following items as listed on the Regular Closed Session Meeting Agenda: CONFERENCE WITH LEGAL COUNSEL -MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2): Five (5) matters that, under the existing circumstances, the City Attorney believes creates significant exposure to litigation. CONFERENCE WITH LEGAL COUNSEL -DISCUSSION TO CONSIDER INITIATION OF LITIGATION, Pursuant to Government Code Section 54956.9(d)(4): Under existing facts and circumstances, there are five (5) matters the City Council has decided or may decide to initiate litigation. CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54956.8: Property Description: 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: City of Palm Springs Dream Hotel, 450 Calle Alvarado, Palm Springs, CA 92262 City of Palm Springs David H. Ready, City Manager or Designee Lauri Kibby, Selene Palm Springs, 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 Boulders Property (Lots 1-45 of Tract Map 31095/ APNs 504-150-011 through-055); Crescendo Property (APN 504- 040-046); Rimrock Property (APN 681-480-011 ); Gene Autry Property (APNs: 677-540-028 & 677-540-029); Block G of parcel map 36446 (APN 513-560-048) City of Palm Springs David H. Ready, City Manager or Designee Price and Terms of Payment Riverside County Assessor Parcel No. 669-330-029 (Northwest comer of Tramview Road and Indian Canyon Drive, Palm Springs & a portion of James 0. Jessie Desert Highland Park City of Palm Springs David H. Ready, City Manager or Designee Desert Community College District and Watermarke Homes/ John Pavelak Price and Terms of Payment (Sale of Property) Page 3 3 City Council Minutes Property Description: Agency: City Negotiator: Negotiating Parties: Under Negotiation: Property Description: Agency: City Negotiator: Negotiating Parties: Under Negotiation: March 11, 2021 Successor Agency Owned Property at 190 W. Sunny Dunes Road, APN: 513-290-013 City of Palm Springs David H. Ready, City Manager or Designee Douglas Jones Price and Terms of Payment (Sale of Property) City owned Properties at Southwest Corner of Ramon Rd. and Vella Rd. APN: 680-072-005, 680-072-009, and 680-072-012 City of Palm Springs David H. Ready, City Manager or Designee Sage Investco Price and Terms of Payment (Sale of Property) CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957.6: City Negotiator: Employee Organizations: David Ready, City Manager or Designee Kim Hardcastle, Acting 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: Robert Patterson, Attorney representing Massflora, LLC, speaking on Item No. SA, noted the minimum separation distance requirement did not apply when his client originally filed his application and urged City Council to approve the item. Marie Fonseca, Manager, Massflora, LLC, speaking on Item No. SA, urged the City Council to waive the minimum distance separation requirement, noting that the policy was not in effect at the time they submitted their application. James Cioffi, Architect, Massflora, LLC, speaking on Item No. SA, noted that the Architectural Advisory Committee approved their project design and urged the City Council to grant the minimum separation distance waiver. City of Palm Springs Page4 4 City Council Minutes March 11, 2021 The following individuals spoke in support ofltem 3A related to a proposed ordinance establishing "Hero Pay" for front-line grocery store workers: • Chris Gonzales • Joe Duffie • Samuel Flores • Scott Lacker • Maribel Nunez • David Weiner Nick Barrow, speaking on Item 3A, voiced opposition to the proposed ordinance on "Hero Pay." CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS: Councilmember Garner requested that the City Council consider waiving fees and supporting the Palm Springs High School homecoming and graduation parades; acknowledged that it has been one year since the start of the COVID-19 pandemic and discussed the sacrifices and losses experienced by residents. Mayor Pro Tern Middleton reported on the activities of the Cal Cities Advancing Equity Task Force and Division meeting; requested that staff agendize consideration of supporting Assembly Bill 43, Traffic Safety; requested that the City Council adjourn in memory of Jim Cunningham, of Palm Springs Disposal Services, and Tommy Edwards, of SunLine Transit Agency. Councilmember Kors reported on recent meetings related to the hospitality and tourism industry; requested that staff agendize consideration of issuing an apology for the City's actions related to Section 14; requested that staff agendize discussion of extending the commercial eviction moratorium, a letter of support for the Sunshine Protection Act, and urging the State to exempt COVID-19 relief payments to residents and businesses from income tax; urged residents to apply to serve on the Desert Community Energy Advisory Committee, noting the need for representation from District 1 and 4. Councilmember Woods urged residents to continue efforts to reduce the spread of CO VID-19, noting that the region will soon move into a tier that opens more of the economy; announced that the Coachella Valley Conservation Commission made a significant land purchase to protect the ecosystem in the blow sand area. Mayor Holstege requested that staff agendize consideration of participating in National Mayor's Challenge to Save Water during Earth Month through the Wyland Foundation and My Brother's Keeper Alliance through the Obama Foundation. City of Palm Springs Page 5 5 City Council Minutes March 11, 2021 1. CONSENT CALENDAR: MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 5-0, to approve the consent calendar, with the removal of Item No. 1 G for separate discussion. A. APPROVAL OF MINUTES MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 5-0, to approve the City Council Meeting Minutes of January 14 and 28, 2021. B. TREASURER'S INVESTMENT REPORT AS OF JANUARY 31, 2021 MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 5-0, to receive and file Treasurer's Investment Report as of January 31, 2021. C. APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. N039-Rl, WITH THE STATE OF CALIFORNIA, FOR USE OF NATIONAL HIGHWAY PERFORMANCE PROGRAM (NHPP) FUNDS AS A PART OF THE HIGHWAY BRIDGE PROGRAM (HBP) FOR THE EAST PALM CANYON DRIVE OVER PALM CANYON WASH, CITY PROJECT NO. 12-04, FEDERAL AID PROJECT NO. BRLS 5282(041) MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 5-0, to: 1. Adopt Resolution No. 24863 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. N039-Rl TO ADMINISTERING AGENCY- STATE AGREEMENT FOR FEDERAL-AID PROJECT NO. 08-5282R, WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $442,650 FOR THE USE OF NATIONAL HIGHWAY PERFORMANCE PROGRAM (NHPP) FUNDS AS A PART OF THE HIGHWAY BRIDGE PROGRAM FOR THE EAST PALM CANYON DRIVE BRIDGE OVER PALM CANYON WASH FEDERALLY- FUNDED PROJECT NO. BRLS-5282(041), CITY PROJECT NO. 12-04." 2. Authorize the City Manager to execute all necessary documents City of Palm Springs Page 6 6 City Council Minutes March 11, 2021 D. APPROVE AN AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF PARKS AND RECREATION FOR FUNDING UNDER PROPOSITION 68 PER CAPITA GRANT FOR THE JAMES 0. JESSIE DESERT HIGHLAND UNITY CENTER BALLPARK, AND SWIM CENTER SHADE STRUCTURES PROJECTS MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 5-0, to: 1. Approve an Agreement with the California Department of Parks and Recreation for Funding under Proposition 68 Per Capita Grant for an amount not to exceed $177,952 for the Ball Park Project at Desert Highland Park and the Swim Center Shade Structure Project. A8696 2. Approve an Agreement with the California Department of Parks and Recreation for Funding under Proposition 68 Per Capita Grant for an amount not to exceed $29,785 for the Swim Center Shade Structure Project. 3. Authorize the City Manager to execute all necessary documents. E. CONTRACT SERVICES AGREEMENT WITH DEAZTLAN CONSUL TING FOR SOCIAL MEDIA SERVICES MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 5-0, to: 1. Approve a Contract Services Agreement with DeAztlan Consulting for social media services in an amount not-to exceed $25,000. A8697 2. Authorize the City Manager to execute all necessary documents. F. AUTHORIZE THE CITY MANAGER TO ENTER INTO ANNUAL PURCHASE AGREEMENTS FOR NATURAL GAS MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 5-0, to: 1. Authorize the City Manager to enter into annual purchase agreements for natural gas from the wholesale commodity market for an amount not to exceed $6/ dekatherm (dth). A8698 2. Authorize the City Manager to execute all necessary documents. City of Palm Springs Page 7 7 City Council Minutes March 11, 2021 G. FISCAL YEAR 2019-20 FINANCIAL AUDIT REPORTS OF THE CITY OF PALM SPRINGS This item was excluded from the Consent Calendar. Please refer to Page 8 of these minutes for a summary of that action. H. REQUEST BY DESERT X FOR APPROVAL OF AN ART MURAL AT THE NORTHWEST CORNER OF A COMMERCIAL SITE LOCATED AT 201 NORTH PALM CANYON DRIVE (CASE 21-001 MUR) MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24864 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ART MURAL BY ARTIST FELIPE BAEZA ON THE SOUTHERLY WALL ADJACENT OF AN ACCESSORY STRUCTURE AT 201 NORTH PALM CANYON DRIVE (CASE 21-001 MUR)." EXCLUDED CONSENT CALENDAR: G. FISCAL YEAR 2019-20 FINANCIAL AUDIT REPORTS OF THE CITY OF PALM SPRINGS In response to City Council inquiry, City Manager Ready advised that audit firms are typically replaced every three-to five-years and that staff will agendize consideration of a resolution enacting such a policy. MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to receive and file the following Financial Audit Reports for fiscal year June 30, 2020: 1. Comprehensive Annual Financial Report (CAFR) 2. Audit Communication Letter to the City Council 3. Internal Control and Compliance Letter to the City Council 4. Passenger Facility Charge (PFC) Report 5. Public Financing Authority Financial Statements. 6. Measure J Fund Report Annual Financial Report 7. Measure D Independent Accountant's Agreed Upon Procedures 8. Measure A Independent Accountant's Agreed Upon Procedures (Conrad CPA Firm) City of Palm Springs Page 8 8 City Council Minutes March 11, 2021 2. PUBLIC HEARINGS: A. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2021-2022 ANNUAL ACTION PLAN AND BUDGET PUBLIC HEARING Community and Economic Development Director Virata presented the staff report and responded to City Council inquiries. Mayor Holstege opened and closed the Public Hearing, there being no one desiring to speak. Councilmember Garner requested that staff provide additional information to the City Council and residents on how to apply for home improvement programs and how to seek services from the Fair Housing Council of Riverside County. Mayor Holstege requested that staff provide data on the number of residents seeking services from the Fair Housing Council of Riverside County MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER KORS, CARRIED 5-0, to schedule a Public Hearing for April 22, 2021, to approve and adopt the 2021-2022 Community Development Block Grant (CDBG) Budget and Annual Action Plan. B. REQUEST BY THE CITY OF PALM SPRINGS FOR APPROVAL OF THE ANNUAL UPDATE OF THE PALM SPRINGS ZONING CODE (CASE 5.1466 ZTA) Development Services Director Fagg presented the staff report and responded to City Council inquiries. Mayor Holstege opened and closed the Public Hearing, there being no one desiring to speak. Following discussion, MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to introduce Ordinance No. 2041 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN ANNUAL UPDATE TO THE PALM SPRINGS ZONING CODE (CASE 5.1466 ZTA), subject to a minor correction to the boundaries of the Resort Overlay Zone. City of Palm Springs Page9 9 City Council Minutes March 11, 2021 C. CONSIDER A REVIEW OF THE CONDITIONAL USE PERMIT THAT WAS ISSUED FOR THE WELL IN THE DESERT FACILITY, LOCATED AT 441 S. CALLE ENCILIA MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to: 1. Take no public comment at this time and continue the Public Hearing to the City Council Meeting of March 25, 2021. 2. Direct the City Clerk to post a Notice of Continuance in accordance with established procedures. 3. LEGISLATIVE: A. ORDINANCE ESTABLISHING "HERO PAY" FOR FRONT-LINE GROCERY WORKERS City Attorney Ballinger presented the staff report. In response to City Council inquiries, Mr. Ballinger advised that convenient store employees are not included in the subject ordinance. Director Fagg advised that approximately nine grocery stores will be subject to the proposed ordinance. Mayor Pro Tern Middleton expressed concern that workers from other industries should be included in the "hero pay" ordinance and that the City of Palm Springs should not be exempt from the ordinance; requested that the ordinance clarify that businesses which were involuntarily closed due to COVID-19 restrictions such as restaurants and retail businesses will not be subject to the ordinance; stated that businesses which already provided increased pay to workers as a result COVID-19, should receive full credit and their payment obligations should be reduced accordingly. Councilmember Kors reported that the Palm Springs Hospitality Association unanimously voted to oppose the subject ordinance; expressed concern that the subject ordinance is directed at one industry of front-line workers and that the ordinance may be a barrier to attracting a new grocery store in the food desert overlay zones; suggested that the City establish an assistance fund to help Palm Springs residents who are low-wage, front-line workers in other cities who will not benefit from the subject ordinance. Councilmember Garner expressed support for the proposed ordinance, noting that it should be extended to other industries, including home improvement stores; voiced support for giving full credit to businesses that already provide their employees with enhanced "hero pay," and starting an assistance fund for Palm Springs residents who are front-line workers in other cities. Councilmember Woods expressed concern that the proposed ordinance does not rise to the level of an urgency ordinance, noting that there is a need to take more time to study the issue; questioned the City Council's role in dictating pay rates for workers. City of Palm Springs Page 10 10 City Council Minutes March 11, 2021 Mayor Holstege opined that the proposed ordinance is in the best interest of the community, noting that it will help low-wage, front-line workers who had significant exposure to COVID-19. MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR HOLSTEGE, CARRIED 5-0, to: 1. Adopt Urgency Ordinance No. 2039 entitled, "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS MUNICIPAL CODE BY ADDING CHAPTER 5.87, RELATING TO GROCERY WORKERS IN PALM SPRINGS, AND ESTABLISHING LABOR ST AND ARDS AND REQUIREMENTS FOR PREMIUM PAY FOR GROCERY WORKERS WORKING IN PALM SPRINGS. (four-fifths ( 4/5) vote required)." 2. Introduce Ordinance No. 2040 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS MUNICIPAL CODE BY ADDING CHAPTER 5.87, RELATING TO GROCERY WORKERS IN PALM SPRINGS, AND ESTABLISHING LABOR STANDARDS AND REQUIREMENTS FOR PREMIUM PAY FOR GROCERY WORKERS WORKING IN PALM SPRINGS." 3. Include the following modifications to the subject ordinances: a. Employers who provided additional pay after the declaration of emergency by the Governor shall receive full credit and their obligations under the ordinance shall be reduced accordingly. b. The ordinance shall not apply to any hiring entity whose industry was ordered to be closed by an emergency order related to COVID-19. MEETING RECESS: The City Council recessed at 8:25 p.m. and reconvened at 8:35 p.m., with all members present. 4. UNFINISHED BUSINESS: None. City of Palm Springs Page 11 11 City Council Minutes March 11, 2021 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 AND A MINOR ARCHITECTURAL APPLICATION FOR THE EXTERIOR MODIFICATIONS TO THE PROPOSED CANNABIS FACILITY AT 577 EAST SUNNY DUNES ROAD (CASE NOS 7.1609 AMM AND 3.2967 MAA) Councilmember Garner announced her recusal due to a conflict of interest related to her source of income and left the meeting at 8:35 p.m. Development Services Director Fagg narrated a PowerPoint presentation. In response to City Council inquiry, Director Fagg noted that industrial zones were not previously subject to the minimum separation distance requirement as noted by the applicant; stated that the applicant has agreed to make fa9ade improvements. Discussion ensued relative to the City Council Task Force on Cannabis considering the development of policies prohibiting evictions or non-renewal of a lease for the purpose of leasing the facility to a cannabis-related business. MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER KORS, CARRIED 4-0 (WITH COUNCILMEMBER GARNER RECUSED), to adopt Resolution No. 24865 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENT IN SECTION 93.23.15 AND A MINOR ARCHITECTURAL APPLICATION FOR THE EXTERIOR MODIFICATIONS TO A CANNABIS DISPENSARY (MASSFLORA, LLC) PROPOSED AT 577 EAST SUNNY DUNES ROAD (CASE 7.1609 AMM)." Councilmember Garner returned to the meeting. B. DISCUSSION OF COUNTY HOMELESSNESS PROGRAM Tom Kirk and Tom Cox, Coachella Valley Association of Governments, narrated a PowerPoint presentation on its homeless outreach efforts. Police Chief Reyes reported on his recent meeting with County representatives regarding Project Room Key, noting there are a number of unanswered questions regarding the transport of out of area homeless individuals to Palm Springs. City Manager Ready recommended that County representatives provide a full presentation to the City Council regarding Project Room Key and the County's efforts to address homelessness at the next meeting. Mayor Holstege requested that City staff also provide a presentation on the City's efforts to address homelessness. City of Palm Springs Page 12 12 City Council Minutes March 11, 2021 Mayor Pro Tern Holstege and Councilmember Woods discussed the need for the County to ensure that they are providing support services and follow-up for individuals housed in Palm Springs under Project Room Key. MEETING RECESS: The City Council recessed at 10:05 p.m. and reconvened at 10:15 p.m., with all members present. C. PALM SPRINGS COVID-19 SMALL BUSINESS ASSISTANCE PROGRAM UPDATE Community and Economic Development Director Virata presented the staff report. Councilmember Kors reported on the City Council Task Force on Business Retention involvement with the Small Business Assistance Program, noting that they provided recommendations on the criteria and disqualifications of participation in the program; noted that the Task Force did not review any individual applications and ultimately requested that staff return to City Council for final approval; noted that he supports providing assistance to businesses that were not eligible for state and federal grants or the smaller businesses that received little assistance, if any; questioned whether businesses that had leases but not yet open by May 2020, should be eligible for the subject program. Councilmember Middleton opined that business who received warnings and received a citation for violation of COVID-19 emergency orders should not be eligible for the assistance program. Councilmember Woods opined that the assistance program should be a point-based system, noting there will not be enough funds for the number of businesses that have applied; suggested that the grants be issued in increments of $5,000 or $10,000 based on the gross revenues of the business; opined that Councilmembers should not be involved in the review of applications and the businesses should be selected on a point system. Mayor Holstege noted that no Councilmembers were involved in the reviewing of individual applications and that they directed staff to return to the full City Council for clarification on policy issues; noted that the City Council previously directed staff to issue grants for $10,000, to simplify the ease of administration. Councilmembers Garner and Kors voiced support for setting an application deadline and determining if additional funds are needed to fill any gaps. In response to City Council inquiry, Director Virata summarized the existing eligibility criteria, such as businesses that were impacted by COVID-19 emergency orders, businesses with 1-5 employees were given first review and a second tier of 6-25 employees, whether the business received other forms of assistance, and whether the business will remain open for at least six months once reopened. City of Palm Springs Page 13 13 City Council Minutes March 11, 2021 Councilmember Kors opined that businesses with brick and mortar stores should have priority as they have financial obligations such as back rent and leases; noted that the City has an interest in preventing vacant store fronts; requested that staff clarify in its advertisements that businesses are eligible for the program if they had a lease prior to March 2020, even if they were not yet open. The City Council agreed that staff should proceed with awarding grants on a rolling basis and setting a deadline to apply for the program. D. AUTHORIZE ISSUANCE OF LEASE REVENUE REFUNDING BONDS, 2021 SERIES A (DOWNTOWN REVITALIZATION PROJECT) AND EXECUTION OF RELATED DOCUMENTS MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM MIDDLETON, CARRIED 5-0, to 1. Acting as the City Council, adopt Resolution No. 24866 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING PROCEEDINGS AND AGREEMENTS RELATING TO THE REFINANCING OF THE ACQUISITION OF AND CONSTRUCTION OF IMPROVEMENTS FOR THE DOWNTOWN REVITALIZATION PROJECT, APPROVING ISSUANCE AND SALE OF BONDS BY THE CITY OF PALM SPRINGS FINANCING AUTHORITY, APPROVING AN OFFICIAL STATEMENT AND AUTHORIZING OFFICIAL ACTIONS." A8699 2. Acting as the Financing Authority Board, adopt Resolution No. FA-44 entitled, "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF PALM SPRINGS FINANCING AUTHORITY, AUTHORIZING THE ISSUANCE OF ITS REFUNDING REVENUE BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $35,000,000 IN CONNECTION WITH THE REFINANCING OF THE ACQUISITION AND CONSTRUCTION OF PUBLIC CAPITAL IMPROVEMENTS FOR THE DOWNTOWN REVITALIZATION PROJECT, AUTHORIZING AND DIRECTING EXECUTION OF AN INDENTURE OF TRUST AND A LEASE AGREEMENT, ESCROW DEPOSIT AND TRUST AGREEMENT AUTHORIZING THE SALE OF THE BONDS AND AN OFFICIAL STATEMENT AND AUTHORIZING OFFICIAL ACTIONS AND EXECUTION OF RELATED DOCUMENTS." 3. Accept professional services proposal from Norton Rose Fulbright LP for disclosure counsel services. 4. Designate Stifel Nicolaus & Company, Incorporated to serve as underwriter. 5. Authorize the City Manager and Treasurer to execute all necessary documents. City of Palm Springs Page 14 14 City Council Minutes PUBLIC COMMENT: March 11, 2021 Lauren Wolfer, spoke on the increase in hate speech and violence directed towards the Asian American Pacific Islander (AAPI) communities, urging the City Council to adopt a Resolution denouncing such acts and to stand in solidarity with the AAPI communities. Bob Garner, spoke about the need to become a republic again and stated he would like to see City Council draft a resolution in support of the repatriation of all American Armed Forces onto mainland soil and Hawaii will get its sovereignty back as a nation. Naomi Soto, spoke on the rise in violence and discrimination against AAPI communities and urged City Council to consider drafting a resolution supporting AAPI neighbors. CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT: Councilmember Garner requested that staff agendize consideration of a resolution condemning violence and discrimination against AAPI communities and consideration of supporting the Palm Springs High School homecoming and graduation parade. Councilmember Kors suggested it would be best to postpone the Section 14 apology to a following meeting to allow more time for community outreach. ADJOURNMENT: The City Council adjourned at 11 :03 p.m., adjourned in memory of Jim Cunningham, of Palm Springs Disposal Services, and Tommy Edwards, of SunLine Transit Agency. Respectfully submitted, Anthony J. Mejia, MMC City Clerk APPROVED BY CITY COUNCIL: / /2021 City of Palm Springs Page 15 15