HomeMy WebLinkAbout2020-04-02 CC MINUTESThursday, April 2, 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, April 2, 2020, at 6:10 p.m.
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.
PLEDGE OF ALLEGIANCE:
City Manager Ready led the Pledge of Allegiance.
PRESENTATIONS:
Michael Ditoro, of Desert Regional Hospital, presented an update on the hospital's plans for
preparing for an expected surge of patients related to the coronavirus.
ACCEPTANCE OF THE AGENDA:
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to add to the agenda Item No. 5A, consideration of a resolution
consenting to the enforcement of health laws by the Riverside County Health Officer, based on the
finding 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 GARNER,
CARRIED 5-0, to remove Consent Calendar Item Nos. 1E and 1F for separate discussion.
City Council Minutes April 2, 2020
City of Palm Springs Page 2
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of April 2, 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):
Mariposa Landscapes Inc v. City of Palm Springs
Case No. PSC1902404, 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):
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 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: 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)
City Council Minutes April 2, 2020
City of Palm Springs Page 3
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 (Lease)
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: 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
City Council Minutes April 2, 2020
City of Palm Springs Page 4
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.
PUBLIC TESTIMONY:
John Kirchdoerfer, speaking on Item 1E, President of the Canyon Sands Homeowners Association,
thanked City staff for their efforts in working with the neighborhoods and the Parker Hotel to
reduce impacts of the expansion project on adjacent residents.
Peter Simkins, speaking on Item 1E, stated that the Melody Ranch Neighborhood Organization
supports the proposed expansion project, noting that the proposed traffic mitigation measures
should further reduce traffic on Seven Lakes Drive and Cherokee Way.
Betty Flad, speaking on Item 1E, voiced support for the Parker Hotel expansion project; opined
that the City should seek approval from adjacent residents before installing any traffic -calming
measures.
Rick Miller, speaking on Item 1E, noted that a prior traffic study included justification for adding
traffic-calming measures near the Parker Hotel; opined that the expansion project will further
worsen traffic conditions.
Dada Aftab, speaking on Item 1E, representing the Hilton Palm Springs and the Palm Springs
Hospitality Association, voiced support for the Parker Hotel expansion project, noting the success
of the hotel.
Michael MacDonald, speaking on Item 1E, Architect representing the Applicant, voiced
opposition to the proposed modifications to Engineering Condition No. 51, citing that the proposed
improvements are unrelated to the project’s impacts.
Jeremy Ogul, speaking on Item 1J, Registered City Lobbyist speaking on behalf of Ace Parking,
opined that ABM failed to comply with the City’s Request for Proposals (RFP) requirements and
should be disqualified; requested that the City Council continue the matter until such time as in-
person presentations can be made to the City Council.
Steve Burton, speaking on Item 1J, President of Ace Parking, asserted that ABM failed to comply
to the RFP requirements related to staffing hours; spoke on Ace Parking’s experience managing
the parking lot at the Palm Springs Airport and requested that the City Council continue the matter.
City Council Minutes April 2, 2020
City of Palm Springs Page 5
Ed Learned, speaking on Item 1J, Employee of Ace Parking, spoke on his experience as an
employee of ACE Parking and working at the Palm Springs Airport; requested that the City
Council continue the matter to a future City Council meeting.
Jim Madaffer, speaking on Item 1J, Registered City Lobbyist speaking on behalf of Ace Parking,
pointed out that the Airport Commission has not had an opportunity to review staff’s
recommendation and requested that the City Council continue the matter; questioned why the City
Council would disrupt current operations for a saving of less than $24,000 per year.
Scott Hutchison, speaking on Item 1J, Senior Vice President, ABM Aviation, advised that his
company will comply with all conditions outlined in the contract, noting their ability to provide
adequate staffing.
Matt Bousquette, speaking on Item 3A, expressed concern regarding financial impacts to landlords
as a result of the proposed eviction moratorium, noting that mortgage payments and property taxes
are still due.
Julius Tafur, speaking on Item 3A, voiced support for the proposed eviction moratorium; urged
the City to notify residents of the moratorium and outline requirements for back -rent payment
plans; requested that the City work with utility providers to suspend utility shutoffs due to
non-payment.
Erick Lemis, speaking on Item 3A, representing California Partnerships, conveyed support for the
proposed eviction moratorium; urged the City Council to suspend code enforcement fees, parking
tickets and other citations, and to work with utility providers to suspend utility shutoffs due to
non-payment.
Maribelle Nunez, speaking on Item 3A, representing California Partnerships, expressed support
for the proposed moratorium, suggesting that it be modified to include a payment plan and/or rent
forgiveness for commercial and residential properties.
David Weiner, speaking on Item 3A, voiced support for the eviction moratorium and urged the
City Council to address a payment plan or rent forgiveness option in the ordinance.
Zack Solomon, speaking on Item 3A, spoke in support of rent forgiveness or payment plan options
being included in the proposed ordinance and requested that the City waive code enforcement and
parking and traffic citation fees.
Luz Gallegos, speaking on Item 3A, discussed undocumented immigrants who do not have access
to unemployment insurance, urging that the City Council consider rent forgiveness or payment
plans for those experiencing economic hardships as a result of the coronavirus pandemic.
Edwin Ramoran, speaking on Item 3A, encouraged the City Council to consider rent forgiveness
and/or payment plans for back-rent, noting the dire financial conditions of residents; urged the City
Council to suspend code enforcement, parking and traffic citation fees, and work with utility
providers to suspend utility shutoffs due to non-payment.
City Council Minutes April 2, 2020
City of Palm Springs Page 6
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS:
Councilmember Middleton reported on her attendance at the League of California Cities’ Revenue
and Taxation Policy Committee meeting; requested that staff agendize consideration of taking a
position on Senate Bill 1072, related to collection of Transient Occupancy Taxes (TOT).
Mayor Pro Tem Holstege spoke on the City’s efforts to protect the community during the
coronavirus pandemic; commended Find Food Bank for providing a second food distribution site
in Palm Springs.
Councilmember Garner encouraged residents to utilize the food distribution sites available every
Thursday.
1. CONSENT CALENDAR:
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to approve the consent calendar, with the removal of Item
Nos. 1E and 1F for separate discussion.
A. APPROVAL OF MINUTES
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to approve the City Council Meeting Minutes of
February 27, 2020 and March 14, 2020.
B. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24739 entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE
PERIOD ENDING 03-07-2020 BY WARRANTS NUMBERED 421003 THROUGH
421016 TOTALING $28,693.14 CLAIMS, DEMANDS AND LIABILITY CHECKS
NUMBERED 1112180 THROUGH 1112469 TOTALING $2,972,850.03, FOUR WIRE
TRANSFERS FOR $72,148.69, AND SEVEN ELECTRONIC ACH DEBITS OF
$1,633,256.89 IN THE AGGREGATE AMOUNT OF $4,706,948.75, DRAWN ON
BANK OF AMERICA."
City Council Minutes April 2, 2020
City of Palm Springs Page 7
C. 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
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Approve Amendment No. 1 to Agreement No. 8396 increasing the contract amount by
$72,275.00, for a total not to exceed $924,855.00, with PlaceWorks Inc. for a limited
update to the City of Palm Springs General Plan.
2. Adopt Resolution No. 24741 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET
FOR FISCAL YEAR 2019-20."
3. Authorize the City Manager to execute all necessary documents.
D. SECOND READING AND ADOPTION OF AN 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)"
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to adopt 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)."
E. SECOND READING AND ADOPTION OF 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)"
This item was excluded from the Consent Calendar. Please refer to Page 10 of these
minutes for a summary of that action.
F. DEFERRAL OF MAKING APPOINTMENTS TO BOARDS AND COMMISSIONS
WHERE TERMS WERE SET TO EXPIRE ON JUNE 30, 2020
This item was excluded from the Consent Calendar. Please refer to Page 11 of these
minutes for a summary of that action.
City Council Minutes April 2, 2020
City of Palm Springs Page 8
G. REQUEST FOR APPROVAL OF MILLS ACT HISTORIC PROPERTY
PRESERVATION AGREEMENT FOR A CLASS 1 HISTORIC SITE LOCATED
AT 1850 SMOKETREE LANE ROCK 12 1L (HSPB 125)
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Approve a Mills Act Historic Property Preservation Agreement between the City of
Palm Springs and Fain Smoketree Ranch LLC, a Class 1 Historic Site (HSPB #125).
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement.
H. REQUEST FOR APPROVAL OF MILLS ACT HISTORIC PROPERTY
PRESERVATION AGREEMENT FOR A CLASS 1 HISTORIC SITE LOCATED
AT 730 EAST PASEO EL MIRADOR (HSPB #126)
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Approve a Mills Act Historic Property Preservation Agreement between the City of
Palm Springs and The Jon Roberts Living Trust, a Class 1 Historic Site (HSPB #126).
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement.
I. AWARD CONTRACT FOR SECURITY AND FIRE DETECTION ALARM
MONITORING, TESTING AND MAINTENANCE SERVICES AT VARIOUS
CITY FACILITIES
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Award a contract services agreement for Bid (IFB) 20-02, Alarm Monitoring and
Maintenance Services for various City-owned facilities to O'Linn Executive Security
Services Inc. of Palm Springs, CA for an initial 3-year term at an annual fixed cost of
$12,643.20 with 2 one-year renewal options subject to a CPI increase, at the mutual
consent of the city and contractor.
2. Authorize the City Manager to execute all necessary documents.
City Council Minutes April 2, 2020
City of Palm Springs Page 9
J. APPROVAL OF A CONTRACT SERVICE AGREEMENT IN THE TOTAL
AMOUNT OF $4,270,796 WITH ABM AVIATION, INC., A GEORGIA
CORPORATION FOR PARKING MANAGEMENT SERVICES AT THE PALM
SPRINGS INTERNATIONAL AIRPORT
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Uphold the City Manager's decision to dismiss the bid protest filed by ACE Parking
Management, Inc.
2. Approve an Agreement with ABM Aviation, Inc., a Georgia corporation, in the
total amount of $4,270,796 with a term commencing April 1, 2020, and expiring
March 31, 2025, for parking management services at the Palm Springs International
Airport.
3. Authorize the City Manager to execute all necessary documents.
K. 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
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Award a construction contract to Limbach Co., a Delaware limited liability company,
in the amount of $244,811 for the City Yard Chiller Replacement, City Project
No. 19-21.
2. Authorize the City Manager to execute all necessary documents.
L. ACCEPTANCE OF THE MEASURE J COMMUNITY PROJECTS SIDEWALK
GAP CLOSURE IMPROVEMENTS, CITY PROJECT NO. 15-31
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Accept the public works improvements identified as the Measure J Community Projects
Sidewalk Gap Closure Improvements, City Project No. 15-31 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 Measure J Community Projects
Sidewalk Gap Closure Improvements, City Project No. 15-31.
City Council Minutes April 2, 2020
City of Palm Springs Page 10
EXCLUDED CONSENT CALENDAR:
E. SECOND READING AND ADOPTION OF 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)"
Councilmember Garner announced her recusal due to a business conflict of interest and
left the City Council Meeting.
Director of Planning Services Fagg presented the staff report and responded to City Council
inquiries.
In response to City Council inquiry, Assistant City Manager Fuller advised that
Engineering Condition No. 51 was recommended by the Planning Commission to address
traffic concerns; opined that the developer should be financially responsible to implement
the improvements, if needed; stated that staff will need to evaluate the appropriateness of
installing the improvements as well as coordinate with the adjacent neighborhoods
Councilmember Woods pointed out that modifying the on-street parking to angled parking
will help reduce traffic speeds and increase available parking; suggested that a condition
be added to require that the Parker Hotel maintain its parking on-premises.
Director of Planning Services Fagg confirmed such a condition may be imposed by the
City Council, noting that it would be feasible if the Parker Hotel implemented an all-valet
parking program with stacking.
Councilmember Middleton recommended that the City Council defer implementation of
the traffic-calming measures until staff has an opportunity to engage and seek input from
the adjacent neighborhoods.
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 4-0 (WITH COUNCILMEMBER GARNER RECUSED), to
adopt 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)," with the following modifications:
• All Parker Hotel parking shall be on-site.
• In regard to Condition of Approval Eng. 51, proceed with the proposed stop sign and
angled parking stalls and evaluate other traffic-calming measures with the adjacent
neighborhoods.
City Council Minutes April 2, 2020
City of Palm Springs Page 11
RECESS/RECONVENE
The City Council recessed at 7:37 p.m. and reconvened at 7:46 p.m. will all Councilmembers
present via teleconference.
F. DEFERRAL OF MAKING APPOINTMENTS TO BOARDS AND COMMISSIONS
WHERE TERMS WERE SET TO EXPIRE ON JUNE 30, 2020
City Clerk Mejia presented the staff report.
Councilmember Garner requested that staff seek confirmation of which Commissioners are
willing to serve an extended term.
Mayor Kors encouraged the City Council Interviewing Subcommittee to continue with
interviews for vacant positions.
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to:
1. Defer taking action on appointments for Boards and Commissions where terms were
set to expire on June 30, 2020, and conduct interviews and make appointments to
commence on January 1, 2021, as outlined in this staff report.
2. Waive the requirements of Palm Springs Municipal Code Section 2.06.01 0(c) to allow
a Board or Commission Member to serve for more than seven consecutive years.
2. PUBLIC HEARINGS:
A. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2020-2025 FIVE
YEAR CONSOLIDATED PLAN (CONPLAN), 2020-2021 ANNUAL ACTION
PLAN, CITIZEN PARTICIPATION PLAN AND CDBG 2020-2021 BUDGET
City Manager Ready presented the staff report.
Mayor Kors opened and closed the Public Hearing, there being no one desiring to speak.
Councilmember Middleton requested that Housing Goal No. 2 reflect the City’s standard
non-discrimination policy verbiage; questioned whether the plan adequately addresses
discrimination against the LGBTQ community.
In response to City Council inquiry, Daryl Stamps, City Consultant, opined that the City’s fair
housing analysis does consider the LGBTQ community as being disadvantaged, noting that it
does not call out the LGBTQ population as it relates to housing needs in the community.
The City Council directed that Housing Goal No. 2 be modified to reflect the City’s
non-discrimination policy and directed that consideration of potential CDBG funded
projects be agendized for the City Council meeting of April 23, 2020.
City Council Minutes April 2, 2020
City of Palm Springs Page 12
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Review the draft 2020-2021 CDBG Budget and Annual Action Plan and provide
direction to staff as appropriate.
2. Review the proposed Consolidated Plan Goals for the 2020 - 2024 CDBG program
years.
3. Schedule a Public Hearing for May 7, 2020, to approve and adopt the 2020-2021
CDBG Budget and Annual Action Plan, and 2020-2024 Consolidated Plan (ConPlan).
3. LEGISLATIVE:
A. TEMPORARY MORATORIUM ON EVICTIONS RESULTING FROM
NONPAYMENT OF RENT WHEN SUCH NONPAYMENT WAS CAUSED BY
THE COVID-19 PANDEMIC
City Attorney Ballinger presented the staff report.
Mayor Pro Tem Holstege questioned whether the City Council could impose a rent
forgiveness program. In response, City Attorney Ballinger advised against a rent
forgiveness program, noting that it could be viewed as a governmental “taking” and could
result in litigation.
Councilmember Middleton opined that the ordinance must include a requirement for
tenants to provide documentation verifying a direct connection between their inability to
pay rent due to economic losses as a result of the coronavirus; stated the amount of rent
relief should be commensurate with the amount of financial loss a tenant has suffered.
Councilmember Garner and Mayor Pro Tem Holstege opined that the loss of income
documentation requirements should be broadly defined, noting that undocumented workers
may not have proof of income losses readily available; expressed support for requiring
tenants to provide such documentation upon request from the landlord.
Mayor Pro Tem Holstege expressed concern that correlating the ability to pay rent
commensurate to financial losses does not consider other factors such as medical and
childcare expenses.
Councilmember Woods spoke on the importance that tenants openly communicate with
their landlords about their inability to pay rent, noting that the City Council must consider
the impacts to landlords and their mortgages.
Mayor Kors agreed that tenants should be required to provide landlords with notice of their
inability to pay rent due to financial losses or increased expenses related to the coronavirus
and that documentation should be provided upon request by the landlord; voiced support
for providing up to six months in which a tenant must pay back-rent.
City Council Minutes April 2, 2020
City of Palm Springs Page 13
Discussion ensued relative to including no-fault eviction provisions in the proposed
ordinance, noting that landlords may attempt to proceed with evictions for issues such as
additional temporary residents, pets, or minor noise violations. Councilmembers Middleton
and Woods spoke on the importance of focusing on responding to the immediate needs of
residents rather than setting regulations which may not be directly related to the coronavirus,
noting that tenants and landlords need to communicate or seek mediation services, when
necessary.
The City Council requested that City staff send a letter to federal, state, and county officials
requesting consideration of providing other economic relief programs such as rent and
mortgage relief and deferring property taxes.
Following discussion, MOTION BY COUNCILMEMBER GARNER, SECONDED BY
MAYOR PRO TEM HOLSTEGE, FAILED 3-2, (COUNCILMEMBERS MIDDLETON
AND WOODS VOTING NO), to adopt Urgency Ordinance No. 2022 entitled, "AN
URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ENACTING A TEMPORARY MORATORIUM ON EVICTIONS RESULTING FROM
NONPAYMENT OF RENT WHEN SUCH NONPAYMENT WAS CAUSED BY THE
COVID-19 PANDEMIC, AND SETTING FORTH THE FACTS CONSTITUTING
SUCH URGENCY,” with the following modifications (additions/deletions are indicated
with underlining or strikethrough):
1. Section A shall read as, “Notwithstanding anything to the contrary in Palm Springs
Municipal Code, during the period of local emergency declared in response to COVID-
19, no landlord shall endeavor to evict a tenant for nonpayment of rent if the tenant
demonstrates that the tenant is unable to pay rent due to financial impacts related to
COVID-19. Nor shall any landlord endeavor to evict a tenant during the period of local
declared emergency period based on the presence of unauthorized occupant(s) (within
building code occupancy limits), pet(s) or alleged nuisance, provided that such
unauthorized occupant(s), pet(s) or alleged nuisance is related to COVID-19.
“Endeavor” includes, but is not limited to, serving an eviction notice (aka 3-day notice
to pay or quit), filing or prosecuting an unlawful detainer action based on a 3-day notice
to pay or quit notice, or otherwise attempting to evict the tenant for nonpayment of
rent.”
2. Section B shall read as, “A landlord who knows that a tenant cannot pay some or all of
the rent temporarily for the reasons set forth above shall not serve a notice pursuant to
CCP 1161(2), file or prosecute an unlawful detainer action based on a pay or quit
notice, or otherwise seek to evict for nonpayment of rent. A landlord knows of a
tenant’s inability to pay rent within the meaning of this ordinance if the tenant, prior to
the date that is fifteen (15) days following the date that the rent is due from residential
tenant or seven (7) days following the date that the rent is dues from any non-residential
tenant, notifies the landlord in writing of the reason for the tenant’s lost income and
inability to pay full rent due to financial impacts related to COVID-19. If the landlord
requests documentation supporting the tenant’s claim within ten (10) days following
the landlord’s receipt of the tenant’s written reason, then the tenant shall and provides
verifiable documentation to support the tenant’s claim within thirty (30) days following
tenant’s receipt of the landlord’s request…”
City Council Minutes April 2, 2020
City of Palm Springs Page 14
3. Section C shall read as, “For residential tenants, a ‘financial impact related to COVID-
19’ shall mean a tenant’s loss of income or an increase in expenses, due to any of the
following: a) tenant was sick with COVID-19, experiencing symptom indicative of
COVID-19, or caring for a household or family member who was sick with COVID-
19; … (ii) For non-residential tenant, a “financial impact related to COVID-19” shall
mean a tenant’s loss of income or an increase in expenses, due to the tenant’s closure
of, operating restrictions placed upon, or other loss of patronage of the tenant’s business
directly resulting from…”
4. Section D shall read as, “Violation of this ordinance shall be punishable as set forth in
Sections 1.01.140 and 2.20.100 of the Palm Springs Municipal Code. In ad dition, this
ordinance grants a defense in the event that an unlawful detainer action is commenced
in violation of this ordinance. In addition, in the event of a violation of this ordinance,
an aggrieved tenant may institute a civil proceeding for injunctive relief, money
damage, and whatever other relief the court deems appropriate. In the case of an award
for damages, said award shall only be awarded if the trier of fact finds that the landlord
acted in knowing violation of, or in reckless disregard of, this ordinance. The
prevailing party shall be entitled to reasonable attorneys’ fees and costs pursuant to
order of the court. The remedies available in this subsection shall be in addition to any
other existing remedies that may be available to the tenant under local, state or federal
law.”
5. Section E shall read as, “Nothing in this ordinance shall relieve the tenant of liability
for the unpaid rent. Any tenant who was afforded protection under this ordinance shall
have 120 180 days after the City of Palm Springs proclaims the termination of the local
emergency to pay to that tenant’s landlord all unpaid rent. A landlord may not charge
or collect any interest or any late fee for rent that is delayed for the reasons stated in
this ordinance; nor may a landlord seek rent that is delayed for the reasons stated in this
ordinance through the eviction process. During that 120 180‐day period, the
protections against eviction found in subsection A of this ordinance apply to such
tenants. However, the tenant and landlord may, prior to the expiration of the local
emergency period or within 90 days of the first missed rent payment, whichever comes
first, mutually agree to a plan for repayment of unpaid rent selected from options
promulgated by the Community and Economic Development Department for that
purpose.”
6. Section H shall read as “This ordinance shall remain in effect through June 4, 2020,
unless extended by the City Council. Notwithstanding the foregoing, and in order to
prevent inconsistencies, the Director of Emergency Services may suspend the
effectiveness of this ordinance in the event that the President of the United States,
Congress, Governor of the State of California, or California State Legislature adopts
an order or legislation to the extent that such order or legislation pre-empts this
ordinance similarly prohibits evictions for failure to pay rent by individuals impacted
by the COVID-19 crisis.”
7. Add Section I to read as, “Financial assistance paid by a government agency to a rental
property owner designed to mitigate the impacts of non-payment of rent due to financial
City Council Minutes April 2, 2020
City of Palm Springs Page 15
impacts related to COVID-19 shall be credited against the rental payment(s) owed for
the landlord’s rental unit(s). Similarly, financial assistance paid by a government
agency to a tenant specifically to assist with rental assistance made necessary by the
financial impacts related to COVID-19 shall be used.”
In response to City Council inquiry, City Attorney explained the differences between
willful intent and knowing intent related to a landlord’s violation of the ordinance.
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to adopt Urgency Ordinance No. 2022 entitled, "AN
URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ENACTING A TEMPORARY MORATORIUM ON EVICTIONS RESULTING FROM
NONPAYMENT OF RENT WHEN SUCH NONPAYMENT WAS CAUSED BY THE
COVID-19 PANDEMIC, AND SETTING FORTH THE FACTS CONSTITUTING
SUCH URGENCY,” as previously stated.
4. UNFINISHED BUSINESS:
A. CORONAVIRUS (COVID-19) UPDATE
City Manager Ready introduced Neighborhoods Manager Goolsby who provided an update
on the 2020 Census outreach efforts in light of the coronavirus pandemic.
Police Chief Reyes provided an update on the Police Department’s enforcement efforts
related to the City’s public health orders; spoke on the importance of maintaining social
distancing on hiking trails, noting that repeated violations may cause him to recommend
closure of the trails; encouraged residents to contact the Police Department’s non-
emergency phone line to report violations.
In response to City Council inquiry, Police Chief Reyes and Fire Chief Nalder expressed
concern regarding business owners boarding up closed businesses, noting that it reduces
an officer’s ability to monitor the interior of the building and restricts access for the Fire
Department in the event of an emergency; summarized new protocols enacted to protect
police and fire personnel in the field. Police Chief Reyes advised that calls for service have
generally decreased, noting that officers are using the additional time to increase street
patrols; recommended that business owners review their security systems to ensure they
are operational.
Community and Economic Development Director Virata provided an update on efforts to
provide services to the homeless, noting that the County launched an emergency hotel
voucher program; pointed out that Find Food Bank has opened a second food distribution
site in Palm Springs.
Assistant City Manager Fuller summarized assistance programs offered by utility
providers.
City Manager Ready announced that the federal government has awarded the airport with
$11 million to help offset revenue losses.
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City of Palm Springs Page 16
Mayor Kors noted that the Riverside County Department of Public Health is
recommending that all residents wear face covering when outside their homes; expressed
gratitude to first responders and essential workers for their service.
Mayor Pro Tem Holstege noted that the City has established a hotline for residents to call
regarding the coronavirus and the various programs and services available to residents and
businesses; suggested that the City utilize its foundation to establish a local relief fund and
requested that the matter be agendized for a future City Council meeting.
In response to City Council inquiry, City Attorney Ballinger summarized the County’s
orders in regard to vacation rental, pet grooming services, salons, real estate services,
community pools, gyms, and non-essential facilities; noted that the City will suspend
issuing building permits for non-essential construction.
The City Council directed staff to: 1) evaluate the feasibility of using the City foundation to
create a local relief fund; 2) requested that staff communicate to construction permit holders
about the importance of social distancing and include information for workers to report unsafe
conditions; 3) consider extending all entitlements and business licenses for the duration of the
local emergency; 4) notify short term vacation rental owners about the latest County guidelines
for vacation rentals.
5. NEW BUSINESS:
A. URGENCY ITEM – CONSIDERATION OF ADOPTING A RESOLUTION
ENTITLED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, CONSENTING TO THE ENFORCEMENT OF
ALL HEALTH LAWS WITHIN THE CITY OF PALM SPRINGS BY THE
RIVERSIDE COUNTY HEALTH OFFICER”
City Attorney Ballinger presented the staff report.
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to adopt Resolution No. 24740 entitled, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
CONSENTING TO THE ENFORCEMENT OF ALL HEALTH LAWS WITHIN THE
CITY OF PALM SPRINGS BY THE RIVERSIDE COUNTY HEALTH OFFICER.”
PUBLIC COMMENT:
David Feltman, reported that he witnessed three police officers congregating without personal
protective equipment or maintaining social distancing; spoke in support of seeking contributions
to establish a local emergency relief fund.
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City of Palm Springs Page 17
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT:
Councilmember Middleton requested that staff agendize consideration of taking a position on
Senate Bill 1072: Local agencies: transient occupancy taxes: online short-term rental facilitator:
collection, for a future City Council meeting.
City Manager noted that ratification of the local emergency declaration will be agendized for the
City Council meeting of April 23, 2020.
ADJOURNMENT:
The City Council adjourned at 11:40 p.m.
Respectfully submitted,
Anthony J. Mejia, MMC
City Clerk
APPROVED BY CITY COUNCIL: 05/07/2020