HomeMy WebLinkAbout2020-03-19 CC MINUTESThursday, March 19, 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, March 19, 2020, at 6:00 p.m., in the Council Chamber, City Hall, located at
3200 E. Tahquitz Canyon Way, Palm Springs, California.
PLEDGE OF ALLEGIANCE:
Mayor Kors led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Grace Elena Garner, Lisa Middleton, Dennis Woods; Mayor Pro
Tem Christy Holstege; and Mayor Geoff Kors
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.
PRESENTATIONS:
ACCEPTANCE OF THE AGENDA:
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER GARNER,
CARRIED 5-0, to add to the agenda Item No. 5C, related to COVID-19, based on the findings that
the matter came to the attention of the City after the posting of the agenda and there is a need for
immediate action.
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to remove Consent Calendar Item No. 1CC for separate discussion
and deletion of Item Nos. 1E, 1R, 1V, 1X, and 1Y from the agenda.
City Council Minutes March 19, 2020
City of Palm Springs Page 2
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of March 19, 2020, was called to order by Mayor
Kors at 4:30 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)(1):
David Edwin Bell v. City of Palm Springs
Case No. RIC 1901178, 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):
Seven (7) matters that, under the existing circumstances, the City Attorney believes creates
significant exposure to litigation.
CONFERENCE WITH LEGAL COUNSEL – DISCUSSION TO CONSIDER INITIATION OF
LITIGATION, Pursuant to Government Code Section 54956.9(d)(4):
Under existing facts and circumstances, there are three (3) matters the City Council has decided
or may decide to initiate litigation.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code
Section 54956.8:
Property Address/Description: 225 El Cielo Road, Palm Springs CA
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties:
Under Negotiation: Price and Terms of Payment (Lease)
Property Address/Description: 3400 Tahquitz Canyon Way, Palm Springs (portions of
airport)
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: Chief Planning and Development Officer, Agua
Caliente Band of Cahuilla Indians
Under Negotiation: Price and Terms of Payment (Lease)
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City of Palm Springs Page 3
Property Address/Description: 502-210-023 (2 acre portion located at the northwest
corner of East Baristo Road and El Cielo Road)
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties:
Under Negotiation: Price and Terms of Payment (Lease)
Property Address/Description: 505-182-010 and 505-182-004 (Adjacent parcels
located at the southwest corner of North Palm Canyon
Drive and Stevens Road)
Agency: City of Palm Springs and Successor Agency of the
Former Redevelopment Agency of the City of Palm
Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties:
Under Negotiation: Price and Terms of Payment (Sale)
Property Address/Description: 3.6 Acres at SE corner of Indian Canyon Drive and
San Rafael Road APN 501-031-028
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: Community Housing Opportunities Corporation
(CHOC)
Under Negotiation: Price and Terms of Payment (Sale)
Property Address/Description: 233 West Tramview Road (APN 501-401-010)
Agency: Palm Springs Housing Successor Agency
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties:
Under Negotiation: Price and Terms of Payment (Sale)
Property Address/Description: APN 501-401-039 (El Dorado Boulevard)
Agency: Palm Springs Housing Successor Agency
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties:
Under Negotiation: Price and Terms of Payment (Sale)
Property Address/Description: 980 E. Tahquitz Canyon Way, Palm Springs CA
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: Chief Planning and Development Officer, Agua
Caliente Band of Cahuilla Indians
Under Negotiation: Price and Terms of Payment (Sale)
City Council Minutes March 19, 2020
City of Palm Springs Page 4
Property Address/Description: 980 E. Tahquitz Canyon Way, Palm Springs CA
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: Chief Planning and Development Officer, Agua
Caliente Band of Cahuilla Indians
Under Negotiation: Price and Terms of Payment (Sale)
Property Address/Description: 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)
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: Grit Development, LLC and Palm Springs
Promenade, LLC
Under Negotiation: Price and Terms of Payment
Property Address/Description: APNs 677-444-010; 677-444-013; and 67470 Sarah
Street, Cathedral City, CA 92234
Agency: City of Palm Springs
City Negotiator: Marcus Fuller, City Engineer/Assistant City Manager
or Designee
Negotiating Parties: Luis A. Avila Paz, Rosario Avila and Maria Avila
Under Negotiation: Price and Terms of Payment
Property Address/Description: APNs 680-170-051 and 680-170-014
Agency: City of Palm Springs
City Negotiator: Marcus Fuller, City Engineer/Assistant City Manager
or Designee
Negotiating Parties: Bureau of Indian Affairs
Under Negotiation: Price and Terms of Payment
CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957.6:
Agency Designated Representatives: City Manager David Ready
Perry Madison, Director of Human Resources
Bryan Reyes, Chief of Police
Peter Brown, Attorney
Employee Organizations: Palm Springs Police Officers Association
Palm Springs Police Management Association
Management Association of Palm Springs
City Attorney Ballinger reported that the City Council received briefings and provided direction
to staff regarding the agendized Closed Session Items but did not take any reportable action.
City Council Minutes March 19, 2020
City of Palm Springs Page 5
PUBLIC TESTIMONY:
David Bell, speaking on Item 1Q, voiced support for the proposed resolution related to tow fees;
opined that vehicles storage fees should be paid by perpetrators when they are found guilty of a
crime.
Daryl Terrell, speaking on Item 5C, suggested that the City Council adopt a temporary rental
assistance program, eviction moratorium for residential and commercial rentals, one -year
extension for land use entitlements, and a small business payroll grant program.
Mario Gonzales, speaking on Item 5C, owner of El Patron Tacos and Restaurant, spoke on the
impacts of the business closures and urged the City Council to take measured actions and to work
towards mitigating financial impacts.
Florence Perchuk, speaking on Item 5C, expressed concern regarding food shortages and urged
the City Council to consider a food distribution site within Palm Springs.
Ginny Weissman, speaking on Item 5C, New Harmony Habitat for Senior People and Pets, spoke
about her advocacy for affordable housing developments, noting that her company could assist the
City with building emergency housing for the homeless.
Maribel Nunez, speaking on Item 5C, recommended that the City Council suspend enforcement
of parking and street sweeping regulations, ease penalties related to code enforcement, and work
with utility companies to waive late fees and suspend disconnections due to nonpayment.
Matthew Bousquette, speaking on Item 5C, stated that he is a small commercial landlord and that
an eviction moratorium will negatively impact his finances; suggested that the City Council require
banks to suspend late fees, interest, and foreclosure proceedings during the pandemic.
Dami Sanchez, speaking on Item 5C, suggested that the City utilize vacant motels as temporary
homeless shelters.
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS:
Mayor Kors provided updates on the State’s and County’s recent orders related to the coronavirus;
advised that the Coachella Valley Association of Governments Executive Committee held a
special meeting to discuss possible regional actions related to the coronavirus; expressed gratitude
to City staff, public safety personnel, healthcare providers, and essential business workers for their
efforts during the coronavirus pandemic; noted that the emergency overnight shelter has moved to
the Palm Springs High School gymnasium and that the County is beginning to offer the homeless
with motel vouchers.
Councilmember Garner spoke on the need to support the Asian-American community, noting a
rise in reported hate crimes due to misinformation regarding the coronavirus; noted that the animal
shelter is still allowing for adoption and fostering of pets.
City Council Minutes March 19, 2020
City of Palm Springs Page 6
Councilmember Middleton provide an update on actions taken by Sunline Transit Agency in
response to the coronavirus, noting that the Buzz Trolley service has been suspended at this time.
Director of Library Services Kays announced the availability of free digital resources to the public,
noting that residents of the Coachella Valley may obtain a library card online.
Assistant City Manager Fuller encouraged residents and business owners to contact the Palm
Springs Disposal Service regarding customer-relief packages for those impacts by the coronavirus.
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to approve the consent calendar, with the removal of Consent
Calendar Item No. 1CC for separate discussion and the deletion of Item Nos. 1E, 1R, 1V, 1X,
and 1Y from the agenda.
A. APPROVAL OF MINUTES
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to approve the City Council Meeting Minutes of January 30
and February 13, 2020.
B. KEITH SPRINGER FOR A MAJOR ARCHITECTURAL APPLICATION TO
REMODEL AN EXISTING COMMERCIAL BUILDING, INCLUDING A 1,250-
SQUARE-FOOT ADDITION, FOR A CANNABIS DISPENSARY AND
TRANSPORTATION BUSINESS LOCATED AT 290 WEST SAN RAFAEL
PLACE, ZONE M-1, SECTION 34 (CASE 3.3904 MAJ)
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 24730 entitled, “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING CASE NO. 3.3904 MAJ; A MAJOR ARCHITECTURAL APPLICATION
TO REMODEL AND EXPAND AN EXISTING COMMERCIAL -INDUSTRIAL
BUILDING FOR A CANNABIS BUSINESS LOCATED AT 290 WEST SAN RAFAEL
PLACE."
C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 24731 entitled, “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDING
02-22-2020 BY WARRANTS NUMBERED 420989 THROUGH 421002 TOTALING
$26,153.13 CLAIMS, DEMANDS AND LIABILITY CHECKS NUMBERED 1111808
THROUGH 1112179 TOTALING $6,220,554.85, FOUR WIRE TRANSFERS FOR
$71,901.19, AND FIVE ELECTRONIC ACH DEBITS OF $1,767,474.34 IN THE
AGGREGATE AMOUNT OF $7,936,172.09, DRAWN ON BANK OF AMERICA."
City Council Minutes March 19, 2020
City of Palm Springs Page 7
D. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID THE KEYLESS ENTRY SYSTEM (PHASE II), CITY
PROJECT NO. 19-23
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to approve the plans, specifications and estimate; and
authorize staff to advertise and solicit bids for the Keyless Entry System (Phase II), City
Project No. 19-23.
E. RESOLUTION AMENDING THE BUDGET FOR FISCAL YEAR 2019-20 FOR
AMENDMENTS TO THE CITY OF PALM SPRINGS GENERAL PLAN SCOPE
OF WORK AND AN UPDATE TO THE AIRPORT LAND USE COMPATIBILITY
PLAN
This item was deleted from the agenda at the request of City Council.
F. SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DELETING SECTION 10.20.060 AND 10.20.070
REGARDING REDEEMING ANIMALS AND ADDING SECTIONS 10.04.035,
10.04.040 AND 10.24.045 ESTABLISHING BREEDING PERMITS
REGULATIONS AND PENALTIES FOR VIOLATION OF THE REGULATIONS
This item was deleted from the agenda at the request of staff.
G. APPROVAL OF AGREEMENT WITH FRONTIER TO UPGRADE PHONE
LINES AND INTERNET CONNECTION
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. In accordance with Palm Springs Municipal Code Section 7.04.030 "Special Expertise
Procurement" approve the purchase of a 3-year agreement with Frontier
Communications totaling $4,440.99 a month for the next 3 years, in an amount not to
exceed $159,875.64 plus applicable taxes and initial startup fee of $1,750 over the 3
year contract period.
2. Authorize the City Manager to execute all necessary documents.
City Council Minutes March 19, 2020
City of Palm Springs Page 8
H. APPROVAL OF THE FISCAL YEAR 2020/2021 CSA 152 SPECIAL ASSESSMENT
RATE
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. Adopt Resolution No. 24732 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING FINDINGS AND
REAFFIRMING THE ESTABLISHMENT AND SETTING OF RATES FOR
COUNTY SERVICE AREA 152 FOR FISCAL YEAR 2020/2021 TO FUND THE
CITY'S NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM
(NPDES) PERMIT IN ORDER TO OPERATE AND MAINTAIN THE CITY'S
DRAINAGE AND FLOOD CONTROL SYSTEMS."
I. APPROVAL OF SERVICE AGREEMENT WITH SPECTRUM ENTERPRISE
FOR INCREASED CAPACITY INTERNET CONNECTIVITY
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. In accordance with Palm Springs Municipal Code Section 7.04.030 "Special Expertise
Procurement" approves the purchase of a 3-year agreement with Spectrum Enterprise
totaling $1,699 a month for the next 3 years, in an amount not to exceed $61,164 plus
applicable taxes over the 3-year contract period.
2. Authorize the City Manager to execute all necessary documents.
J. APPROVAL OF A NOTICE TO PROCEED TO VEOLIA WATER WEST
OPERATING SERVICES, INC. IN THE AMOUNT OF $241,500 FOR THE FIRE
SPRINKLERS AND FIRE ALARM SYSTEMS UPGRADE PROJECT AT THE
WASTEWATER TREATMENT PLANT, CITY PROJECT NO. 20-14
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. Authorize the City Engineer to issue a Notice to Proceed to Veolia Water West
Operating Services, Inc., in an amount not to exceed $241,500 for the Fire Sprinklers
and Fire Alarm Systems Upgrade Project at the Wastewater Treatment Plant, City
Project No. 20-14.
2. Authorize the City Manager to execute all necessary documents.
City Council Minutes March 19, 2020
City of Palm Springs Page 9
K. ACCEPTANCE OF THE MUNICIPAL COMPLEX COGENERATION PLANT
RETROFIT FOR COOLING UNITS, CITY PROJECT NO. 18-16
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. Accept the public works improvement identified as the Municipal Complex
Cogeneration Plant Retrofit for Cooling Units, City Project No. 18-16 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 Municipal Complex Cogeneration
Plant Retrofit for Cooling Units, City Project No. 18-16.
L. AWARD THE PURCHASE OF NINE COMPLETE SETS OF MORNING PRIDE®
BRAND TURNOUT GEAR TO OUTFIT NINE FIREFIGHTERS
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. Award per IFB 20-03 the purchase of nine sets of Morning Pride® brand Turnout Gear
required by NFPA 1971, which include: jackets, pants, and boots, from Fire Etc., of
San Diego, CA in the amount of $29,263.98 including applicable sales tax and shipping
costs.
2. Authorize the City Manager to execute all necessary documents.
M. RATIFY THE NOMINATIONS OF THE CITIES OF DESERT HOT SPRINGS
AND INDIO TO THE PALM SPRINGS INTERNATIONAL AIRPORT
COMMISSION
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. Reappoint Jan Pye, representing the City of Desert Hot Springs, to the Palm Springs
International Airport Commission for a term ending February 28, 2022.
2. Reappoint Jhan Schmitz, representing the City of Indio, to the Palm Springs
International Airport Commission for a term ending March 31, 2023.
City Council Minutes March 19, 2020
City of Palm Springs Page 10
N. APPOINTMENT TO THE HUMAN RIGHTS COMMISSION
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. Appoint Peter Augustus Owen and Donna Shepherd to the Human Rights Commissions
for terms ending June 30, 2020.
2. Appoint Edwin Ramoran to the Human Rights Commission for a term ending
June 30, 2022.
O. TREASURER'S INVESTMENT REPORT AS OF JANUARY 31, 2020
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to receive and file the Treasurer's Investment Report as of
January 31, 2020.
P. APPROVE THE SUBMITTAL OF THE NOMINATION OF THE THOMAS
O'DONNELL GOLF HOUSE, O'DONNELL GOLF COURSE, AND ASSOCIATED
BUILDINGS TO THE NATIONAL REGISTER OF HISTORIC PLACES
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to approve the submittal of the nomination to the National
Register of Historic Places.
Q. ADOPT A RESOLUTION APPROVING MAXIMUM RATES THAT TOW
SERVICE PROVIDERS CAN CHARGE, AND AN ASSOCIATED VEHICLE
TOWING ADMINISTRATIVE COST RECOVERY FEE FOR THE PALM
SPRINGS POLICE DEPARTMENT
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. Adopt Resolution No. 24733 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING MAXIMUM
RATES THAT TOW SERVICE PROVIDERS CAN CHARGE, AND AN
ASSOCIATED VEHICLE TOWING ADMINISTRATIVE COST RECOVERY FEE
FOR THE PALM SPRINGS POLICE DEPARTMENT."
2. Approve an Amendment to Agreements A6280, A6281, and A6282, for Official Police
Tow Service Agreements for As-Needed Vehicle Towing and Storage Services to
conform to the proposed Resolution.
3. Authorize the City Manager to execute all necessary documents.
City Council Minutes March 19, 2020
City of Palm Springs Page 11
R. AUTHORIZE A PURCHASE ORDER IN THE AMOUNT OF $30,000 WITH
MARKS ARCHITECTS INC., A CALIFORNIA CORPORATION, DBA URRUTIA
MARKS ARCHITECTS FOR CIVIL ARCHITECTURAL DESIGN SERVICES
FOR THE DEMUTH PARK ADA ACCESS PHASE 2, CITY PROJECT NO. 19-24
This item was deleted from the agenda at the request of City Council.
S. APPROVAL OF FIVE (5) PROFESSIONAL SERVICES AGREEMENTS FOR ON-
CALL HISTORIC RESOURCE ASSESSMENT SERVICES
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. Approve an Agreement with Architectural Resources Group, for on-call historic
resource assessment services for an initial three (3) year term, subject to two (2)
additional one (1) year extensions approved at the discretion of the City.
2. Approve an Agreement with Chattel Associates, for on-call historic resource
assessment (CEQA) services for an initial three (3) year term, subject to two (2)
additional one (1) year extensions approved at the discretion of the City.
3. Approve an Agreement with GPA Consulting for on-call historic resource assessment
services for an initial three (3) year term, subject to two (2) additional one (1) year
extensions approved at the discretion of the City.
4. Approve an Agreement with Historic Resources Group, for on-call historic resource
assessment services for an initial three (3) year term, subject to two (2) additional one
(1) year extensions approved at the discretion of the City.
5. Approve an Agreement with North Wind Resource Consulting, Inc., for on-call historic
resource assessment services for an initial three (3) year term, subject to two (2)
additional one (1) year extensions approved at the discretion of the City.
6. Authorize the City Manager to execute all necessary documents.
City Council Minutes March 19, 2020
City of Palm Springs Page 12
T. ACCEPTANCE OF THE GENE AUTRY TRAIL AT VISTA CHINO DUAL LEFT
TURN LANES, CITY PROJECT NO. 14-13, FEDERAL-AID PROJECT NO.
CMLN-5282(045)
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. Accept the public works improvement identified as the Gene Autry Trail at Vista Chino
Dual Left Turn Lanes, City Project No. 14-13, Federal-Aid Project No. CMLN-
5282(045) as completed in accordance with the plans and specifications.
2. Authorize the City Engineer to execute and file for recordation with the Riversi de
County Recorder a Notice of Completion for the Gene Autry Trail at Vista Chino Dual
Left Turn Lanes, City Project No. 14-13, Federal-Aid Project No. CMLN-5282(045).
U. ADOPT A RESOLUTION IDENTIFYING THE PROJECTS TO BE FUNDED BY
SENATE BILL 1 (SB 1): THE ROAD REPAIR AND ACCOUNTABILITY ACT OF
2017, FOR FISCAL YEAR 2020-21
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 24734 entitled, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2020-21 FUNDED BY
SENATE BILL 1 (SB 1), THE ROAD REPAIR AND ACCOUNTABILITY ACT OF
2017."
V. AWARD A CONSTRUCTION CONTRACT TO TRUELINE CONSTRUCTION &
SURFACING, INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF
$65,600 FOR PICKLEBALL & TENNIS COURT RESURFACING, CITY
PROJECT NO. 20-11
This item was deleted from the agenda at the request of City Council.
W. APPROVAL OF GRANT OF EASEMENT TO SOUTHERN CALIFORNIA
EDISON ACROSS CITY-OWNED REAL PROPERTY IDENTIFIED BY
ASSESSORS PARCEL NUMBER 677-260-022 LOCATED AT THE SOUTHWEST
CORNER OF GENE AUTRY TRAIL AND TACHEVAH DRIVE (ENGINEERING
FILE R 20-03-3605)
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to authorize the City Manager to execute a Grant of
Easement to Southern California Edison Company for underground electrical supply
systems and communications systems across a portion of the property identified by
Assessor's Parcel Number 677-260-022 located at the southwest corner of Gene Autry Trail
and Tachevah Drive.
City Council Minutes March 19, 2020
City of Palm Springs Page 13
X. APPROVAL OF A PURCHASE ORDER IN THE AMOUNT OF $150,000 WITH
HARRIS AND ASSOCIATES FOR ON-CALL PROJECT MANAGEMENT AND
ENGINEERING COORDINATION (A8402)
This item was deleted from the agenda at the request of City Council.
Y. AWARD OF A CONSTRUCTION CONTRACT TO LIMBACH CO., LP, A
DELAWARE LIMITED LIABILITY COMPANY, IN THE AMOUNT OF $244,811
FOR THE CITY YARD CHILLER REPLACEMENT, CITY PROJECT NO 19-21
This item was deleted from the agenda at the request of City Council.
Z. AIRPORT ADVERTISING CONCESSION CONTRACT SERVICES CONTRACT
EXTENSION TO LAMAR AIRPORT ADVERTISING
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. Approve a contract services agreement extension with Lamar Airport Advertising
Company for a term of two years including the responsibility by the firm to commit up
to $200,000 in expenses for the current program's capital improvements and
maintenance.
2. Authorize the City Manager to execute all necessary documents.
AA. RESCHEDULING OF THE REGULAR CITY COUNCIL MEETINGS OF
OCTOBER 2020
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 24735 entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING THE REGULAR MEETING PLACE, DAYS, AND TIMES."
City Council Minutes March 19, 2020
City of Palm Springs Page 14
BB. AWARD A CONSTRUCTION CONTRACT TO YELLOW JACKET DRILLING
SERVICES, LLC, IN THE AMOUNT OF $142,400 AND AUTHORIZATION OF A
PURCHASE ORDER TO RS&H CALIFORNIA, INC., RELATED TO THE
AIRPORT ENVIRONMENTAL BORING AND DRILLING, CITY PROJECT NO.
19-32, AS REQUIRED TO COMPLY WITH THE STATE WATER BOARD
ORDER WQ 2019-0005-DWQ
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. Waive any informality and award a construction contract to Yellow Jacket Drilling
Services, LLC, an Arizona limited liability company, in the amount of $142,400 for
the Airport Environmental Boring and Drilling, City Project No. 19-32.
2. Authorize a Purchase Order in an amount not to exceed $200,000 with the City's "on -
call" professional aviation consulting services firm, RS&H California, Inc., a California
corporation, pursuant to Agreement No. 7148, for professional services to perform
testing and analysis of groundwater at the Palm Springs International Airport, as
required by State Water Board Order WQ 2019-0005-DWQ.
3. Authorize the City Manager to execute all necessary documents.
CC. APPROVAL TO PROCEED WITH DESIGN AND INSTALLATION OF NEW
TRAFFIC SIGNALS AT THE INTERSECTION OF INDIAN CANYON DRIVE
AND ROSA PARKS ROAD, AND AT THE INTERSECTION OF SAN RAFAEL
DRIVE AND AVENIDA CABALLEROS
This item was excluded from the Consent Calendar. Please refer to Page 14 of these
minutes for a summary of the action.
EXCLUDED CONSENT CALENDAR:
CC. APPROVAL TO PROCEED WITH DESIGN AND INSTALLATION OF NEW
TRAFFIC SIGNALS AT THE INTERSECTION OF INDIAN CANYON DRIVE
AND ROSA PARKS ROAD, AND AT THE INTERSECTION OF SAN RAFAEL
DRIVE AND AVENIDA CABALLEROS
Assistant City Manager Marcus Fuller presented the staff report.
Councilmembers Garner and Woods commended staff for moving ahead with this project
and thanked residents for bringing the problem to the City's attention.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 24736 entitled, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING THE CITY ENGINEER TO PROCEED WITH THE INSTALLATION
OF NEW TRAFFIC SIGNALS AT THE INTERSECTION OF INDIAN CANYON
DRIVE AND ROSA PARKS ROAD, AND AT THE INTERSECTION OF SAN
RAFAEL DRIVE AND AVENIDA CABALLEROS IN ACCORDANCE WITH
SECTION 12.16.030 OF THE PALM SPRINGS MUNICIPAL CODE."
City Council Minutes March 19, 2020
City of Palm Springs Page 15
2. PUBLIC HEARINGS:
A. REQUEST BY BRANDON MCCURLEY, ON BEHALF OF PARKER PALM
SPRINGS II, LLC, FOR AN AMENDMENT TO PLANNED DEVELOPMENT
DISTRICT 58 (POD 58) TO INCLUDE THIRTY-TWO (32) HOTEL UNITS AND
ACCESSORY USES WITH A MAXIMUM HEIGHT NOT TO EXCEED TWO (2)-
STORIES, ASSOCIATED PARKING LOTS, AND LANDSCAPING ON THE
UNDEVELOPED 3.7-ACRE PORTION OF THE PROPERTY AND A PROPOSED
INCLUSION OF A 3.53-ACRE PARCEL CURRENTLY ZONED R-3 INTO
PLANNED DEVELOPMENT DISTRICT 58 IN LIEU OF A CHANGE OF ZONE,
AT 4200 EAST PALM CANYON DRIVE, ZONE PD (POD 58)/R-3, SECTION 30
(CASE 5.927 POD 58 AMENDMENT & CASE 3.2451 MAJ)
Councilmember Garner announced her recusal due to a business conflict of interest and
left the City Council Meeting.
Director of Planning Services Fagg narrated a PowerPoint presentation and responded to
City Council inquiries.
Mayor Kors opened the public hearing.
Michael MacDonald, Project Architect, summarized the merits of the proposed project and
efforts to mitigate impacts to the neighborhoods; urged the City Council to approve the
project.
Aftab Dada, representing PS Resorts, spoke in support of the project, noting that the Palm
Springs Parker is one of the City’s most successful hotels.
There being no others desiring to speak, Mayor Kors closed the public hearing.
Councilmember Middleton noted that the applicant and representatives of the Canyon
Sands Homeowners Association have worked collaboratively to address neighborhood
concerns, resulting in broad support through the community; spoke in favor of the project’s
architecture.
In response to City Council inquiry, Director of Planning Services Fagg summarized the
public notification process for residents on tribal allottee land, noting that staff will initiate
a direct re-noticing to the residents, including information on how to participate in the City
Council meeting remotely, for the second reading of the proposed ordinance.
Councilmember Woods recommended the addition of a Condition of Approval to require
that the applicant fund the cost of providing angled parking along the Cherokee Way
frontage of the property.
City Council Minutes March 19, 2020
City of Palm Springs Page 16
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 4-0 (WITH COUNCILMEMBER GARNER RECUSED), to:
1. Adopt Resolution No. 24737 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MAJOR
ARCHITECTURAL REVIEW APPLICATION FOR THE CONSTRUCTION OF
THIRTY-TWO (32) HOTEL UNITS WITH A MAXIMUM HEIGHT NOT TO
EXCEED TWO (2)-STORIES, ASSOCIATED PARKING LOTS, AND
LANDSCAPING ON THE UNDEVELOPED 3.7-ACRE PORTION OF THE
PROPERTY LOCATED AT 4200 EAST PALM CANYON DRIVE, ZONE PD (POD
58)/R-3, SECTION 30 (CASE 3.2451 MAJ)," with the following addition:
a. Condition of Approval ENG 52: The applicant shall be required to fund the cost of
providing angled parking along the Cherokee Way frontage of the property, subject to
a determination by the City Engineer that angled parking is feasible.
2. Introduce Ordinance No. 2019 entitled, "AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING PLANNED DEVELOPMENT DISTRICT
58 (POD 58) TO INCLUDE A 3.53-ACRE PORTION OF THE PARKER PALM
SPRINGS PROPERTY CURRENTLY ZONED R- 3 INTO THE PLANNED
DEVELOPMENT DISTRICT 58 IN LIEU OF A CHANGE OF ZONE (CASE 5.927
POD 58 AMENDMENT)." City Clerk Mejia read the ordinance by title.
Councilmember Garner returned to the meeting via teleconference.
B. REQUEST BY THE CITY OF PALM SPRINGS FOR APPROVAL OF THE
ANNUAL UPDATE OF THE PALM SPRINGS ZONING CODE (CASE 5.1466
ZTA)
Director of Planning Services Fagg presented the staff report.
Mayor Kors opened and closed the public hearing, there being no one desiring to speak.
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to introduce Ordinance No. 2020 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)."
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
This item was deleted from the agenda at the request of staff.
City Council Minutes March 19, 2020
City of Palm Springs Page 17
4. UNFINISHED BUSINESS:
A. DISCUSS RESPONSE TO BIKE SHARE PROGRAM REQUEST FOR
PROPOSAL AND DIRECT STAFF AS APPROPRIATE
This item was deleted from the agenda at the request of staff.
5. NEW BUSINESS:
A. DISCUSSION OF CURRENT, PLANNED, AND POTENTIAL ADDITIONAL
ACTIONS TO ADDRESS CLIMATE CHANGE
This item was deleted from the agenda at the request of staff.
B. AUTHORIZE THE PURCHASE OF A CLOUD BASED ENTERPRISE
RESOURCE PLANNER (ERP) FROM TYLER TECHNOLOGIES, INC.
City Manager Ready presented the staff report.
Councilmembers Middleton and Wood voiced support for moving forward with the
project, noting that it will enable residents to conduct more business online and streamline
the City’s business practices.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. In accordance with Section 7.09.010 "Cooperative Purchasing Programs," of the Palm
Springs Municipal Code, authorize the purchase of a Cloud Based Enterprise Resource
Planner (ERP) from Tyler Technologies, Inc., a Delaware corporation, pursuant to the
Cooperative Purchasing Contract 10515-TTI, for an initial amount of $1,593,838, with
an allowance of up to 10% additional cost (not to exceed $159,383.80), and $458,186
annually thereafter for an initial term of five years and a total of $3,585,965.80,
inclusive of annual maintenance over the five year term.
2. Authorize the City Manager to execute all necessary documents.
RECESS/RECONVENE
The City Council recessed at 7:50 p.m. and reconvened at 8:05 p.m.
City Council Minutes March 19, 2020
City of Palm Springs Page 18
C. ADOPTION OF A RESOLUTION RATIFYING THE CITY MANAGER'S
DECLARATION OF THE EXISTENCE OF A LOCAL EMERGENCY RELATED
TO THE INCREASING SPREAD OF THE NOVEL CORONAVIRUS (COVID-19),
AND CONSIDERATION OF RELATED ACTIONS
City Manager Ready presented the staff report, requesting that the City Council ratify the
declaration of a local emergency related to the coronavirus.
Councilmember Middleton requested that staff analyze the Governor’s recent order to
shelter in place to ensure that the City’s orders are consistent and to implement more
stringent orders if deemed necessary; noted that the City has an older population than the
State as a whole.
In response to City Council inquiry, City Attorney Ballinger advised that the City is
required to enforce the most stringent order whether issued by the State, County, or City;
stated that City staff will continue to monitor new State and County orders and will make
appropriate actions as conditions change; recommended that the City Council forward any
public inquiries to the City Manager and/or City Attorney for appropriate response.
DISCUSSION OF ECONOMIC MEASURES TO IMPLEMENT TO SUPPORT
LOCAL BUSINESSES DURING THE EXISTENCE OF A LOCAL EMERGENCY
RELATED TO THE INCREASING SPREAD OF THE NOVEL CORONAVIRUS
(COVID-19), AND CONSIDERATION OF RELATED ACTIONS
City Manager Ready and Assistant City Manager Fuller summarized the projected financial
impacts to the City’s budget due to the coronavirus.
Councilmember Middleton provided a brief update on potential impacts to the rate of return
for CalPERS investments due to impacts of the coronavirus.
Mayor Kors noted that the City is working with Find Food Bank for a centralized
distribution site in Palm Springs.
Mayor Pro Tem Holstege requested that a broader discussion of the impacts to the City’s
budget be agendized for an upcoming meeting, noting that consideration of the City’s
Grants and Sponsorships Program should be included in that discussion.
Councilmember Garner requested that staff evaluate the possibility of reducing or waiving
City fees and charges and requested that staff work with Desert Community Energy
regarding projected rate increases.
Mayor Kors noted that the City will be issuing an additional mailer to all residents in
regards to Desert Community Energy and the available rate options; requested that staff
coordinate a presentation on programs available to residents and business impacted by the
coronavirus.
City Council Minutes March 19, 2020
City of Palm Springs Page 19
Councilmember Woods spoke on the importance of the City acting as a conduit for
residents and businesses to become aware of the State and Federal programs intended to
help individuals and businesses during this pandemic.
Councilmember Middleton noted that the Federal government has extended the tax
deadline for 90 days, noting that it would benefit residents if the County deferred property
tax payments for at least 90 days.
The City Council directed staff to suspend enforcement of street sweeping and parking
violations; requested that staff provide an update on the number of business licenses
renewals anticipated over the next several months.
TEMPORARY MORATORIUM ON EVICTIONS FOR NONPAYMENT OF RENT
DURING COVID-19 PANDEMIC
City Attorney Ballinger summarized the proposed temporary moratorium on evictions for
non-payment of rent during the COVID-19 pandemic.
In response to City Council inquiry, City Attorney Ballinger noted that the U.S.
Department of Housing and Urban Development (HUD) has taken limited action to limit
foreclosures on HUD insured mortgages; advised that the State and Federal government
have not made any indication of imposing a moratorium on foreclosures, noting that the
City would have limited authority to impose such regulations.
Councilmember Middleton opined that the City’s moratorium should not intervene in
pending eviction proceedings which are unrelated to nonpayment of rent due to the
coronavirus.
Councilmember Garner and Mayor Pro Tem Holstege spoke on the limited financial
resources of many residents, noting that protections need to be enacted to ensure that
residents are not evicted during the ongoing pandemic.
During the course of discussion, the City Council determined that the proposed moratorium
should be limited to a two-week period, pending a determination of whether the State or
Federal government will impose a broader moratorium; requested that staff refine the
ordinance verbiage so that it narrows applicability of the ordinance to those impacted by
the pandemic.
City Council Minutes March 19, 2020
City of Palm Springs Page 20
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Adopt Resolution No. 24738 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF - PALM SPRINGS, CALIFORNIA, RATIFYING THE CITY
MANAGER/DIRECTOR OF EMERGENCY SERVICES' DECLARATION OF THE
EXISTENCE OF A LOCAL EMERGENCY RELATED TO THE INCREASING
SPREAD OF NOVEL CORONAVIRUS (COVID-19) PURSUANT TO PALM
SPRINGS MUNICIPAL CODE SECTION 2.20.020, AND CITY CHARTER
SECTION 300; AND AUTHORIZING THE CITY MANAGER/DIRECTOR OF
EMERGENCY SERVICES TO ISSUE ORDERS AND IMPLEMENT SUCH
MEASURES AS NECESSARY TO IMMEDIATELY AND EXPEDITIOUSLY
ADDRESS THE LOCAL PUBLIC HEALTH EMERGENCY."
2. Adopt Urgency Ordinance No. 2021 entitled, "AN URGENCY ORDINANCE OF
THE CITY OF PALM SPRINGS, CALIFORNIA, ENACTING A TEMPORARY
MORATORIUM ON EVICTION NOTICES."
PUBLIC COMMENT:
Daryl Terrell, spoke on the importance of the community standing together to combat the impacts
of the coronavirus.
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT:
Mayor Kors recommended that future City Council meetings be limited to critical issues and those
issues related to the City’s response to the pandemic; requested that staff agendize consideration
of extending the terms of Board and Commission Members where terms are set to expire on
June 30, 2020.
ADJOURNMENT:
The City Council adjourned at 9:45 p.m.
Respectfully submitted,
Anthony J. Mejia, MMC
City Clerk
APPROVED BY CITY COUNCIL: 04/23/2020