HomeMy WebLinkAbout2020-06-11 CC MINUTESThursday, June 11, 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, June 11, 2020, at 6:25 p.m.
PLEDGE OF ALLEGIANCE:
Police Chief Reyes 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:
Mayor Kors displayed a photo of a billboard dedicated to the Palm Springs 2020 Senior Class and
invited the following students to make remarks regarding graduation:
• Santiage Karam Padilla, Valedictorian, Palm Springs High School
• Araceli Flores, Senior Class President, Palm Springs High School
• Gurneesh Sina, Valedictorian, Desert Chapel High School
• Makenzie Zarres, ASB President, Desert Chapel High School
Greg Rodriguez, representing the County of Riverside, provided an update regarding regional
efforts, programs, and services to assist homeless persons during the COVID-19 pandemic.
Tom Kirk, representing the Coachella Valley Association of Governments, presented an update
regarding the status of the CV Link and future expansion plans.
City Council Minutes June 11, 2020
City of Palm Springs Page 2
ACCEPTANCE OF THE AGENDA:
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to accept the order of the agenda with Consent Calendar Item No. 1M
pulled for separate discussion.
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of June 11, 2020, was called to order by Mayor
Kors at 4:00 p.m., with all members present.
The meeting convened into Closed Session to discuss the following items as listed on the Regular
Closed Session Meeting Agenda:
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, Pursuant to
Government Code Section 54956.9(d)(1):
Lavenant v. City of Palm Springs
Case No. 5:17-cv-02267, United Stated District Court, Central District of California
Marilyn Aronson v. City of Palm Springs, Mariposa Landscape
Case No PSC 1902825, Superior Court of the State of California, County of Riverside
Kelvin Hernandez Roman et al. v. Chad F. Wolf et al.
Case No. 5:20-cv-00768-TJH-PVC (amicus curia request), United Stated District Court,
Eastern District of California
PCG-SP Venture I LLC v. Gavin Newsom et al.
Case No. 5:20-cv-01138, United Stated District Court, Central District of California
4348 Lockwood Avenue LLC et al. v. City of Palm Springs et al.,
Case No. RIC 1703102, 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):
Eight (8) matters that, under the existing circumstances, the City Attorney believes creates
significant exposure to litigation.
Gov’t Claim, dated May 11, 2020, from Wright Construction Engineering Corp.
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.
City Council Minutes June 11, 2020
City of Palm Springs Page 3
CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code
Section 54956.8:
Property Description: APN 666-140-024 Located at 63775 Dillon Road
(Former County of Riverside Fire Station No. 36)
Agency City of Palm Springs
City Negotiator: David Ready, City Manager or Designee
Negotiating Parties: Riverside County
Under Negotiation: Price and Terms of Payment (Lease)
Property 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 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
Property Description: Palm Springs Visitor’s Center (APN 504-040-053)
Agency: City of Palm Springs
City Negotiator: Marcus Fuller, City Engineer/Assistant City
Manager or Designee
Negotiating Parties: Coachella Valley Association of Governments
(CVAG)
Under Negotiation: Price and Terms of Payment
Property 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:
Under Negotiation: Price and Terms of Payment
City Council Minutes June 11, 2020
City of Palm Springs Page 4
Property 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 Ready, City Manager or Designee
Negotiating Parties:
Under Negotiation: Price and Terms of Payment (Sale)
Property 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)
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: 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 announced that the City Council voted 5-0 to direct staff to sign onto an
amicus brief in the matter of Kelvin Hernandez Roman et al. v. Chad F. Wolf et al.; 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:
Lisa Lenes, speaking on Item 4D, urged the City Council to direct Homeowners Associations
(HOA) to reopening pools and comply with COVID-19 regulations regarding gatherings and
short-term vacation rentals.
City Council Minutes June 11, 2020
City of Palm Springs Page 5
The following individuals spoke on Item 4D, urging the City Council to authorize the reopening
of VillageFest with proper health and safety protocols:
Christina Bjenning
James Hermes
Mark Cherry
Gaylen McKinzie, speaking on Item 4D, spoke in support of reopening the City’s Aquatic Center.
Dorothy Wilder, speaking on Item 4A, spoke on the high standards expected of first responders
and healthcare workers, opining that they should be paid higher wages.
Maribel Nunez, speaking on Item 4B, recommended that the City Council authorize a portion of the
$10 million state grant for homelessness to be allocated for a rental assistance program; stated that
racism does exist in Palm Springs, noting the issue with tamarisk trees at Tahquitz Creek Golf Course.
Patricia Breslin, speaking on Item 4C, urged the City Council to allow bars and restaurants to
reopen with expanded outdoor footprints.
John Wadlund, speaking on Item 4D, voiced support for the reopening of the City’s skate park
with proper health and safety protocols.
Isaac Garza, speaking on Item 4A, voiced opposition to budget reductions for tree pruning and
maintenance, opining that proper maintenance is a matter of public safety.
Zack Solomon, speaking on Item 4A and 4B, voiced support for allocating a portion of the $10
million state grant for homelessness for a rental assistance program; conveyed support for
reallocating police department funding for social service programs.
Edwin Ramoran, speaking on Item 4A and 4B, spoke on the need to fund a rental assistance
program, community centers, social services, and body-worn cameras for police officers.
David Weiner, speaking on Item 4A, encouraged the City Council to review the Police
Department’s budget to determine if funding could be reallocated in a manner that would benefit
the community; spoke on the history of racism in Palm Springs.
Naomi Soto, speaking on Item 4A, spoke on the need for police reform and investments in public
health and responding to the economic crisis caused by COVID-19; voiced concern regarding the
long-term budget increases for police officer salaries, benefits, and overtime.
Luz Gallegos, urged the City Council to enact a rental assistance program for Palm Springs
residents.
City Council Minutes June 11, 2020
City of Palm Springs Page 6
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS:
Councilmember Garner reported on the rally held by Young Justice Advocates in support of Black
Lives Matter and the need to fight against racism; urged businesses to create an anti -racism
environment and to work towards better reflecting the community; spoke on the history of racism
in Palm Springs and the need for structural reform to better support residents and their quality of
life.
Mayor Pro Tem Holstege stated that residents have long called upon the City Council to address
the history of racism in Palm Springs; spoke on the need for the City Council to work with the
community to further address systemic racism; requested that staff schedule a community listening
session regarding racism and discrimination.
Councilmember Middleton spoke on the importance of hearing from people with different political
views, life experiences, races, and religions to ensure that we all learn from each other; noted that police
officers have been requested to take on increased responsibilities and acknowledged their sacrifices.
Councilmember Woods discussed the recent Black Live Matter protest, noting that there is a desire
to listen and implement changes to better the City of Palm Springs.
Mayor Kors requested that the City Council adjourn tonight’s meeting in memory of Dr. frank
Ercoli, Dr. Ron Fragan and Michael Malone and read their obituaries; thanked Councilmember
Garner for her comments and inquired whether Councilmember Garner and Mayor Pro Tem
Holstege would volunteer to serve as liaisons to staff regarding the Listening Session.
Councilmember Garner and Mayor Pro Tem Holstege volunteered to serve as liaisons to staff
regarding the Listening Session.
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to approve the consent calendar, with the removal of Item
No. 1M for separate discussion.
A. APPROVAL OF MINUTES
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to approve the City Council Meeting Minutes of
April 23, 2020, May 7, 2020, and May 18, 2020.
City Council Minutes June 11, 2020
City of Palm Springs Page 7
B. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS CITYWIDE STREET
LIGHTING AND PARKWAY MAINTENANCE DISTRICTS, FISCAL YEAR
2020/2021
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. Adopt Resolution No. 24761 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE
PREPARATION OF AND GIVING PRELIMINARY APPROVAL OF THE
ENGINEER'S REPORT REGARDING STREET LIGHTING MAINTENANCE
DISTRICT NO. 3, AND PARKWAY MAINTENANCE DISTRIC TS NO. 6A, 6C, 7,
8, 9, AND 10 (ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE DISTRICT
NO. 12, TO ESTABLISH ANNUAL ASSESSMENTS AND THE LEVY AND
COLLECTION RELATED THERETO FOR FISCAL YEAR 2020/2021."
2. Adopt Resolution No. 24762 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS
INTENTION TO CONDUCT A PUBLIC HEARING ON JULY 23, 2020,
REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 3, AND
PARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 (ZONES 1
AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12, AND TO LEVY
AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL
YEAR 2020/2021."
C. 2020 BIENNIAL NOTICE FOR CITY STAFF TO REVIEW THE CONFLICT OF
INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 24763 entitled, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
REQUIRING CITY STAFF TO REVIEW THE CONFLICT OF INTEREST CODE AND
SUBMIT THE 2020 BIENNIAL NOTICE AS REQUIRED UNDER THE POLITICAL
REFORM ACT."
D. ACCEPTANCE OF THE 2019 PAVEMENT REHABILITATION, CITY PROJECT
NO. 19-01
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. Accept the public works improvement identified as the 2019 Pavement Rehabilitation,
City Project No. 19-01 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 2019 Pavement Rehabilitation, City
Project No. 19-01.
City Council Minutes June 11, 2020
City of Palm Springs Page 8
E. APPROVAL OF VARIOUS ACTIONS WITH THE COACHELLA VALLEY
ASSOCIATION OF GOVERNMENTS RELATING TO CONSTRUCTION OF
THE CV LINK WITHIN PALM SPRINGS
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. Approve a License Agreement by and between the City of Palm Springs and the
Coachella Valley Association of Governments to allow the use of the parcel adjacent
to the Palm Springs Visitor Center (A.P.N. 504- 040-053) for the construction of the
Visitor's Center Access Point for the CV Link. A8554
2. Approve a Cooperative Agreement by and between the Coachella Valley Association
of Governments and the City of Palm Springs for CV Link Multi-Use Path Project in
the City of Palm Springs (the "Sunrise Connector"), approve the plans, specifications
and estimate, and authorize bidding of the CV Link "Sunrise Connector." A8555
3. Authorize the City Engineer to issue encroachment permits for the construction of the
CV Link across City properties and within City rights-of-way.
4. Authorize the City Manager to execute all necessary documents.
F. REQUEST FOR APPROVAL OF MILLS ACT HISTORIC PROPERTY
PRESERVATION AGREEMENT FOR A CLASS 1 HISTORIC SITE LOCATED
AT 181 WEST MERITO PLACE (HSPB #121/HD-8)
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. Approve a Mills Act Historic Property Agreement between the City of Palm Springs,
Douglas MacBeth and L. Stanley Deen and the Merito Manor Community Association,
for 181 West Merito Place a Class 1 Historic Site (HSPB #121 HD-8). A8556
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement.
City Council Minutes June 11, 2020
City of Palm Springs Page 9
G. ACCEPT AND FILE THE ANNUAL PROGRESS REPORT (APR) FOR
CALENDAR YEAR 2019 REGARDING THE IMPLEMENTATION OF THE
CITY'S HOUSING ELEMENT TO THE CALIFORNIA DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. Receive and file the annual progress report for calendar year 2019 regarding
implementation of the City’s Housing Element to the California Department of
Housing and Community Development.
2. Direct staff to make no changes to the report filed on April 1, 2020, with the California
Department of Housing and Community Development and the Governor's Office of
Planning and Research.
H. TERMINATION OF A CONSTRUCTION CONTRACT (A8486) WITH
PAVEMENT COATINGS CO., A CALIFORNIA CORPORATION, FOR THE 2020
SLURRY SEAL, CITY PROJECT NO 19-02
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to authorize the City Engineer to issue a Notice of
Termination prior to Expiration of Term per Article 2 of Agreement (A8486) with
Pavement Coatings Co., for the 2020 Slurry Seal, City Project No. 19-02.
I. ACCEPTANCE OF THE FIRE SPRINKLER SYSTEM AT THE DEMUTH
COMMUNITY CENTER, CITY PROJECT NO. 19-14
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. Accept the public works improvements identified as the Fire Sprinkler System at the
Demuth Community Center, City Project No. 19-14, as completed in accordance with
the plans and specifications.
2. Authorize the City Engineer to execute and file, for recordation with the Riverside
County Recorder, a Notice of Completion for the Fire Sprinkler System at the Demuth
Community Center, City Project No. 19-14.
City Council Minutes June 11, 2020
City of Palm Springs Page 10
J. APPROVE ANNUAL INSURANCE POLICY RENEWALS FOR THE CITY'S
INSURANCE PORTFOLIO FOR FISCAL YEAR 2020-21
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 24764 entitled, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING KEENAN & ASSOCIATES AS THE CITY'S BROKER OF RECORD,
TO PURCHASE PROPERTY, EARTHQUAKE/FLOOD (DIFFERENCE IN
CONDITION), EXCESS LIABILITY, EXCESS WORKERS COMPENSATION,
AIRPORT OWNERS AND OPERATORS LIABILITY, VILLAGE FEST LIABILITY,
MULTI-MEDIA LIABILITY, AIRCRAFT HULL LIABILITY, CRIME/FIDELITY,
AND CYBER LIABILITY INSURANCE POLICIES FROM VARIOUS CARRIERS
FOR POLICY YEAR 2020-2021, EFFECTIVE JULY 1, 2020."
K. AGREEMENT WITH KEENAN & ASSOCIATES FOR THIRD-PARTY
LIABILITY CLAIMS ADMINISTRATOR SERVICES
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. Approve Agreement with Keenan and Associates for third-party liability claims
administration (TPA) services, through June 30, 2025. A8557
2. Authorize the City Manager to execute all necessary documents.
L. AMENDMENT NO. 3 TO AIRPORT CAR RENTAL CONCESSIONAIRES
AGREEMENT
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. Approve Amendment No. 3, providing an extension consisting of a one-year term, to
all airport rental car concession agreements doing business as eight (8) car rental
agencies at PSP which includes: Avis/Budget Car Rental, LLC; The Hertz Corporation;
Enterprise Rent-A-Car, LLC d/b/a Alamo/National Car Rental; Enterprise Rent-A-Car
Company of Los Angeles, and Dollar/Thrifty Rent-A-Car.
2. Authorize the City Manager to execute all necessary documents.
M. RESOLUTION SUPPORTING ASSEMBLY CONSTITUTION AMENDMENT
NO. 5, A CONSTITUTIONAL AMENDMENT FOR THE NOVEMBER 3, 2020,
ELECTION, TO REPEAL PROPOSITION 209 AND REINSTATE AFFIRMATIVE
ACTION IN PUBLIC CONTRACTING, HIRING AND PUBLIC EDUCATION
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 June 11, 2020
City of Palm Springs Page 11
N. RESOLUTION OF INTENTION TO LEVY ASSESSMENTS FUNDING THE
PALM SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT
DISTRICT AND SETTING A TIME AND PLACE FOR THE PUBLIC HEARING
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 24760 entitled, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING ITS INTENTION TO LEVY ASSESSMENTS FUNDING THE PALM
SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT, AND
SETTING JUNE 25, 2020, FOR THE PUBLIC HEARING."
O. APPROVAL TO EXTEND AGREEMENT NO. A6683 WITH SOCAL LAND
MAINTENANCE, INC., FOR ROADSIDE MAINTENANCE OF SPECIFIED CITY
STREETS AND RIGHT-OF-WAYS, TRANSIENT CAMP AND SHOPPING CART
CLEAN-UP IN THE AMOUNT OF $95,823.72
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. Approve a six-month extension to the Contract Services Agreement No. A6683 with
SoCal Land Maintenance, Inc. in the amount of $95,823.72 for the 2020/2021 fiscal
year, terminating on October 21, 2020.
2. Authorizing the City Manager to approve and execute all necessary documents.
EXCLUDED CONSENT CALENDAR:
M. RESOLUTION SUPPORTING ASSEMBLY CONSTITUTION AMENDMENT
NO. 5, A CONSTITUTIONAL AMENDMENT FOR THE NOVEMBER 3, 2020,
ELECTION, TO REPEAL PROPOSITION 209 AND REINSTATE AFFIRMATIVE
ACTION IN PUBLIC CONTRACTING, HIRING AND PUBLIC EDUCATION
Mayor Kors requested that letters be sent to Assembly Member Chad Mayes thanking him
for his support of the proposed Constitutional Amendment and to State Senator Melendez
and Senate Pro Tem Atkins requesting their support of the same.
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Adopt Resolution No. 24765 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUPPORTING ASSEMBLY
CONSTITUTION AMENDMENT NO. 5, A CONSTITUTIONAL AMENDMENT
FOR THE NOVEMBER 3, 2020 ELECTION, TO REPEAL PROPOSITION 209
AND REINSTATE AFFIRMATIVE ACTION IN PUBLIC CONTRACTING,
HIRING AND PUBLIC EDUCATION."
2. Authorize the City staff to transmit such support to the authors of Assembly
Constitution Amendment No. 5.
City Council Minutes June 11, 2020
City of Palm Springs Page 12
2. PUBLIC HEARINGS:
A. REQUEST TO AMEND THE CONDITIONS OF APPROVAL FOR THE
CONDITIONAL USE PERMIT FOR THE WELL IN THE DESERT FACILITY AT
441 S. CALLE ENCILIA TO ALLOW THE INSTALLATION OF AN OUTDOOR
SHADE STRUCTURE (CASE 5.1419 CUP)
Planning Services Director Fagg narrated a PowerPoint presentation and responded to City
Council inquiries.
In response to City Council inquiries, Police Captain Kovaleff discussed the calls for police
service associated with the Well in the Desert and their ongoing compliance and
cooperation with the Police Department; advised that the crisis response teams have
focused their attention on the Sunrise Park area, noting that they work cooperatively with
the Police Department.
Mayor Kors opened the Public Hearing.
Arlene Rosenthal, Applicant, stated that she previously emailed her support for the
proposal.
James Gavin, voiced opposition to the proposal, citing concerns related to inadequate
lighting and increased crime in the area.
There being no other speakers, Mayor Kors closed the Public Hearing.
In response to City Council inquiries, Director Fagg advised that Code Compliance has
confirmed that exterior lighting is operational and that additional lighting could be required
for the proposed shade structure; advised that the Well in the Desert does not have adequate
space to provide property storage unless it expands to the adjacent vacant building;
summarized the differences between a temporary and permanent shade structure, noting
that the overall maximum occupancy limit will not increase; suggested
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to adopt Resolution No. 24766 entitled “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING AN AMENDMENT TO THE CONDITIONS OF APPROVAL FOR THE
WELL IN THE DESERT FACILITY, LOCATED AT 441 SOUTH CALLE ENCILIA,
ZONE LSC (APN: 508-094-015).” The City Council approved an amendment to Condition
No. PLN 19 to allow a permanent outdoor shade structure, with appropriate lighting, to be
constructed in accordance with the submitted plans, and allow the outdoor area to be used
by patrons only while mandatory social-distancing protocols are in place or during extreme
weather events. The City Council further directed the applicant to ensure compliance with the
CUP and provided staff with discretion to determine appropriate signage regarding loitering.
The City Council requested that staff coordinate a community meeting to discuss the impact
of the shade structure and provide monthly reports on calls for service in the affected area.
City Council Minutes June 11, 2020
City of Palm Springs Page 13
B. PROPOSED ORDINANCE AMENDING PALM SPRINGS ZONING CODE
SECTIONS 91.00.10 AND 93.06.00 RELATING TO THE REQUIREMENTS FOR
ELECTRIC VEHICLE CHARGING STATIONS (CASE 5.1505 ZTA)
Planning Services Director Fagg narrated a PowerPoint presentation. In response to City
Council inquiry, Director Fagg summarized the different types of charging stations, the
ability of owners to charge for the service, costs for prewiring and construction and
allowing waiver for affordable multi-family units and duplexes.
Mayor Kors opened the Public Hearing.
David Freedman, spoke in support of the ordinance and urged the City Council to approve.
There being no other speakers, Mayor Kors closed the Public Hearing.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to introduce Ordinance No. 2025 entitled, "AN ORDINANCE
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 91.00.10
AND 93.06.00 OF THE PALM SPRINGS ZONING CODE RELATING TO THE
REQUIREMENTS FOR ELECTRIC VEHICLE CHARGING STATIONS." City Clerk
Mejia read the ordinance by title.
RECESS/RECONVENE:
The City Council recessed at 9:05 p.m. and reconvened at 9:15 p.m., with all members present.
3. LEGISLATIVE:
A. AN URGENCY ORDINANCE AMENDING CERTAIN PROVISIONS OF THE
CITY OF PALM SPRINGS MUNICIPAL CODE, REGARDING ENFORCEMENT
OF THE PALM SPRINGS MUNICIPAL CODE AND EMERGENCY ORDERS
ISSUED BY THE CITY OF PALM SPRINGS, INCLUDING REVOCATION OF
BUSINESS LICENSES
City Attorney Ballinger presented the staff report and responded to City Council inquiries.
During the course of discussion, the City Council stressed the importance for businesses to
comply with COVID-19 regulations for the health and safety of patrons, noting that the
proposed ordinance is intended for businesses which repeatedly fail to comply with laws
and regulations.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to adopt Ordinance No. 2026 entitled, “AN URGENCY
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
CERTAIN PROVISIONS OF THE CITY OF PALM SPRINGS MUNICIPAL CODE
(PSMC), REGARDING ENFORCEMENT OF THE PALM SPRINGS MUNICIPAL
CODE AND EMERGENCY ORDERS ISSUED BY THE CITY OF PALM SPRINGS,
INCLUDING REVOCATION OF BUSINESS LICENSES.” City Clerk Mejia read the
ordinance by title.
City Council Minutes June 11, 2020
City of Palm Springs Page 14
4. UNFINISHED BUSINESS:
A. OVERVIEW OF THE REVISED FISCAL YEAR 2020-2021 COMPREHENSIVE
BUDGET
City Manager Ready presented the staff report.
By consensus, the City Council directed staff to move forward with scheduling a Public
Hearing regarding the revised Fiscal Year 2020-21 Comprehensive Budget for the City
Council meeting of June 25, 2020.
B. DISCUSSION OF COMMUNITY DEVELOPMENT BLOCK GRANT 2020 - 2024
FIVE-YEAR CONSOLDIATED PLAN, 2020-2021 ANNUAL ACTION PLAN,
CITIZEN PARTICIPATION PLAN AND CDBG 2020-2021 BUDGET
Community and Economic Development Director Virata narrated a PowerPoint
presentation and responded to City Council inquiries.
Mayor Pro Tem Holstege noted that the County of Riverside has implemented rental,
business, and non-profit assistance programs; spoke on the need to provide local assistance
to small businesses to prevent their permanent closure.
Councilmember Garner spoke on the importance of continuing to fully fund the Find Food
Bank distribution sites within Palm Springs; agreed with the need for developing a local
assistance program for small businesses; questioned the appropriateness of a 20 percent
administration fee; expressed a desire for the funds to be used to provide tangible resources
for the community.
Director Virata noted that a business assistance program utilizing the City’s CDBG funding
would assist approximately 14-22 businesses given the City’s limited funding allocation;
advised that the 20 percent administration fee is authorized by statute, noting that serves to
reimburse the City for administering the program; stated that non-profits have expressed a
need for personal protective equipment, assistance with their food distribution programs,
purchasing of new software or hardware to accommodate social distance or virtual services,
facility upgrades, or funding for additional staff.
Mayor Kors and Mayor Pro Tem Holstege agreed to contact local non-profits to discuss
their priority funding needs.
City Council Minutes June 11, 2020
City of Palm Springs Page 15
C. UPDATE ON THE TEMPORARY EXPANSION OF OUTDOOR DINING AREAS,
FOR BUSINESSES IMPACTED BY THE NOVEL CORONAVIRUS (COVID-19)
Assistant City Manager Fuller narrated a PowerPoint presentation and responded to City
Council inquiries.
Councilmember Woods reported the initiative would be applied on a City-wide level; noted
it is a trial run and reported it has been observed to work effectively at Tac/Quila; noted
that patrons are required to wear a face covering and practice social distancing and
addressed the need for education to ensure compliance; reported there are still issues to be
addressed, including establishing design guidelines and considering allowing retail stores
to participate in the program.
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to authorize staff to waive the fee for Land Use Permits for
temporary outdoor dining areas.
D. CONTINUED DISCUSSION AND POSSIBLE DIRECTION ON THE IMPACTS
AND RESPONSE TO THE LOCAL EMERGENCY RELATED TO THE NOVEL
CORONAVIRUS
City Manager Ready presented a report and addressed steps taken by the City to inform
and educate the public that all businesses in the City require face coverings; asked for
direction regarding the possibility of allowing doubles play for tennis and pickleball and
reopening of the aquatics center, skate park, community centers, and library; opined that it
may be appropriate to reopen the Visitor’s Center now that hotels and vacation rentals are
authorized to operate.
In response to City Council inquiries, City Attorney Ballinger reviewed the County’s list
of facilities which are authorized to reopen, noting that youth and team sports are still not
allowed; noted that the City Council could authorize the reopening of the aquatics center,
skate park and community centers; agreed to contact the State and County regarding their
direction related to the reopening of the library.
In response to City Council inquiry, Parks and Recreation Director Alvarado addressed the
potential reopening of the community centers and the areas which could be used with
proper social distancing protocols.
In response to City Council inquiry, City Manager Ready and Assistant City Manager
Fuller advised that personal protective equipment has been ordered and that City Hall could
be ready for reopening within a week.
Councilmember Middleton expressed a desire to allow in-person City Council meetings as
soon as practicable.
Mayor Kors recommended that the Convention Center be utilized rather than Council
Chambers when in-person meetings are ready to resume.
City Council Minutes June 11, 2020
City of Palm Springs Page 16
Mayor Pro Tem Holstege recommended that staff evaluate a phased approach toward
allowing in-person City Council meetings.
Mayor Kors requested that City Attorney Ballinger research and report back to the City
Council regarding the reopening of VillageFest.
The City Council agreed that doubles play for tennis and pickleball should be allowed;
directed staff to move forward with reopening City facilities when legally authorized to do
so and if it can be done safely.
5. NEW BUSINESS: None.
PUBLIC COMMENT:
Juan Espinoza, expressed concerns with the Palm Springs Police Department ignoring issues of
racism and excessive force and discussed his experience with racism growing up in the City.
Elizabeth Dolores, spoke about holding Police Officers accountable for inappropriate behavior;
requested that Police Chief Reyes publicly renounce the death of George Floyd and meet with the
community to discuss what the Police Department is doing to combat racism, police brutality, and
misconduct.
Edwin Ramoran, commended Councilmember Garner for her remarks about the history of racism
in Palm Springs; discussed Philippines Independence Day and invited Council to attend the event.
Daryl Terrell, spoke about the City’s history with racial discrimination; noted that police officers
have been tasked with many responsibilities, noting there is a need to make structural changes.
Lauren Wolfer, stated that it is shameful that the Palm Springs Police Officers Association would
rather bully an elected official over her support for greater transparency in the policing than stand
in solidarity against systemic racism and police brutality.
Brad Anderson, referenced a report about Mayor Pro Tem Holstege writing a letter to the Board
of Supervisors regarding policing; noted there was a negative spin placed on the report and opined
it was a political ploy.
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT:
Councilmember Middleton requested that staff agendize consideration of taking a position on the
California Schools and Local Communities Funding Act ballot measure.
Mayor Kors recommended that the City Council review the list of potential study sessions to
determine whether the City Council desires to move forward with scheduling of a topic.
The City Council agreed to agendize consideration of waiving the mid-year update to the
Statements of Economic Interest and Public Integrity Disclosure forms for designated filers.
City Council Minutes June 11, 2020
City of Palm Springs Page 17
Mayor Pro Tem Holstege requested that the City Council consider participating in Plastic Free
July; noted that the City Council still needs to discuss a polystyrene and plastic waste ordinance;
requested that staff coordinate a Listen Session to hear from the community about their lived
experiences related to racial inequality.
ADJOURNMENT:
The City Council adjourned at 11:20 p.m., to an Adjourned Regular meeting on June 12, 2020, at
8:30 p.m. for Closed Session. The City Council adjourned the meeting in memory of Dr. Frank
Ercoli, Dr. Ron Fragan, and Michael Malone.
Respectfully submitted,
Anthony J. Mejia, MMC
City Clerk
APPROVED BY CITY COUNCIL: 07/23/2020