HomeMy WebLinkAbout2020-11-12 CC MINUTESThursday, November 12, 2020
Minutes of the Regular Meeting of the City Council &
Financing Authority of the City of Palm Springs
Pursuant to Executive Order N-29-20, by Governor Newsom, this meeting was conducted by
teleconference and there was no in-person public access to the meeting location.
CALL TO ORDER:
A Regular Meeting of the Palm Springs City Council and Financing Authority was called to
order by Mayor Kors on Thursday, November 12, 2020, at 5:30 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Kors led the Pledge of Allegiance.
ROLL CALL:
Present: 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:
• PROCLAMATION FOR THE 15TH ANNIVERSARY OF ONE-PS (ORGANIZED
NEIGHBORHOODS OF PALM SPRINGS)
Councilmember Middleton presented a Proclamation to Kathy Cohen, Chair, in recognition
of the 15th Anniversary of One-PS. Denise Goolsby, Neighborhoods Manager, presented
plaques to Kathy Cohen and Bob Farren in recognition of their service to One-PS.
• COVID-19 CASE UPDATE
Emergency Management Coordinator DeSelms presented an update on COVID-19 cases
in Riverside County and addressed hospitalizations and new State testing sites.
ACCEPTANCE OF THE AGENDA:
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to remove Consent Calendar Item No. 1E for separate discussion.
City Council Minutes November 12, 2020
City of Palm Springs Page 2
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of November 12, 2020, was called to order by
Mayor Kors at 3:00 p.m., with all members present.
The meeting convened into Closed Session to discuss the following items as listed on the Regular
Closed Session Meeting Agenda:
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, Pursuant to
Government Code Section 54956.9(d)(1):
City of Palm Springs v. O&M HR, LLC, et al (Prairie Schooner)
Case No. PSC 1701804, Superior Court of the State of California, County of Riverside
CONFERENCE WITH LEGAL COUNSEL – MATTERS CREATING SIGNIFICANT
EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2):
Five (5) matters that, under the existing circumstances, the City Attorney believes create
significant exposure to litigation
CONFERENCE WITH LEGAL COUNSEL – DISCUSSION TO CONSIDER INITIATION OF
LITIGATION, Pursuant to Government Code Section 54956.9(d)(4):
Under existing facts and circumstances, there are three (3) matters the City Council has
decided or may decide to initiate litigation.
PUBLIC EMPLOYEE RECRUITMENT, Pursuant to Government Code Section 54957:
Employee: City Manager (Recruitment)
CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code
Section 54956.8:
Property Description: 225 El Cielo Road, Palm Springs, CA 92262
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: Tom Kirk, Coachella Valley Assn. of Governments
Under Negotiation: Price and Terms of Payment
Property Description: Portion of the south half of public right-of-way for 16th
Avenue between Diablo Road and Melissa Road
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: D & E Land Company, LLC
Under Negotiation: Price and Terms of Payment
City Council Minutes November 12, 2020
City of Palm Springs Page 3
Property Description: 2901 E. Alejo Road, Palm Springs, CA 92262
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: Coachella Valley Economic Partnership
Under Negotiation: Price and Terms of Payment
CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957.6:
City Negotiator: David Ready, City Manager or Designee
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 reported that the City Council received briefings and provided direction
to staff regarding the agendized Closed Session Items but did not take any reportable action.
PUBLIC TESTIMONY:
Charlie Ervin, speaking on Item 1AA, urged the City Council to ensure that applicants are
appropriately qualified to participate in the Social Equity Program.
Ron Oden, speaking on Item 1AA, suggested that the City Council enhance the Social Equity
Program by providing grants and assisting applicants in securing bank loans or other financial
support.
The following individuals spoke in support of Item 4B, related to a proposed Community
Workforce Agreement with trade councils and unions:
Jimmy Elrod, representing the Southwest Carpenters Union
Bill Perez, San Bernardino and Riverside Counties Building and Construction Trades Council
Jacob Kleespies, representing Southwest Regional Council of Carpenters
James Rush, representing IBEW Local Union 440
Vanessa Ingalls
Laura Amezquith
City Council Minutes November 12, 2020
City of Palm Springs Page 4
The following individuals voiced opposition to Item 4B, related to a proposed Community
Workforce Agreement with trade councils and unions:
Eric Christen, representing the Coalition on Fair Employment in Construction
Richard Markuson, representing the Western Electrical Contractors Association; the Plumbing,
Heat and Cooling Contractors of California; the American Fire Sprinkler Association; and the
Independent Roofing Contractors of California
Raul Guedea, representing the Associated General Contractors of America Apprenticeship and
Training Trust
Ryan Wimpee, speaking on Item 5A, representing Massflora, urged the City Council to approve
the proposed cannabis dispensary and lounge; opined that the existing site conditions are blighted
and that the proposed business would provide enhanced security and improve the area.
The following individuals spoke in support to Item 5B, related to the placement of the Forever
Marilyn sculpture on Museum Way between Museum Drive and Belardo Road:
Kathy Weremuik
Jeffrey Bernstein, Owner, Destination PSP
Nona Watson, CEO, Palm Springs Chamber of Commerce
Bruce Hoban
Celeste Brackley
Steven Boswell
David Feltman
Jerry Keller
Kristen Bloomer
Joy Meredith
Aftab Dada, representing PS Resorts
Peggy Trott
The following individuals spoke in opposition to Item 5B, relating to the placement of the Forever
Marilyn Sculpture on Museum Way between Museum Drive and Belardo Road:
City Council Minutes November 12, 2020
City of Palm Springs Page 5
Louis Grachos, Director, Palm Springs Art Museum, urged the City Council to deny the placement
of the Forever Marilyn sculpture near the Art Museum; asserting that the sculpture does not
represent the values of Palm Springs.
Lauren Wolfer, recommended that the City Council postpone the installation of the Forever
Marilyn sculpture, noting that it will attract crowds during the COVID-19 pandemic.
Araceli Palafox, speaking on Item 5C, representing Lift to Rise, spoke on the need for additional
funding for rental assistance programs, noting that CDBG funds are challenging to utilize due to
its income verification requirements.
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS:
Councilmember Middleton commended those involved with displaying the Pride Flag over City
Hall in recognition of Palm Springs Pride Week; commended Mayor Pro Tem Holstege on her
successful reelection campaign; spoke on her desire to create youth work-study programs in
cooperation with local businesses; requested that staff evaluate potential bicycle and pedestrian
safety improvements on East La Verne Way, South Palm Canyon Drive, South Toledo Avenue,
and Murray Canyon Drive.
Councilmember Woods congratulated Mayor Pro Tem Holstege on her reelection and expressed
gratitude to Geoff Kors for his leadership as Mayor; expressed his support for the flying of the
Pride Flag over City Hall and spoke on the virtual Gay Pride week events; congratulated the
individuals and groups who worked towards the preservation of Oswit Canyon.
Councilmember Garner announced the installation of the Lawrence Crossley Drive street signs
and requested that staff fix the Lawrence Crossley neighborhood sign.
Mayor Pro Tem Holstege expressed gratitude for everyone’s congratulations on her re-election
campaign and congratulated Councilmember Middleton for her reelection to City Council;
requested that staff reach out to the community regarding the Lawrence Crossley Drive name
change.
Mayor Kors congratulated Mayor Pro Tem Holstege and Councilmember Middleton on their
reelection to City Council; announced that Oswit Canyon has closed escrow and will be preserved
as open space in perpetuity; noted that a recent State law will impose campaign contribution
limitations if a local agency does not enact their own regulations; requested that the City Attorney
present campaign contribution regulation options at a future City Council meeting; requested that
staff agendize Labor Peace Agreements for cannabis-related businesses for the next City Council
meeting.
City Council Minutes November 12, 2020
City of Palm Springs Page 6
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to approve the consent calendar, with the removal of Item No. 1E
for separate discussion.
A. ACCEPTANCE OF $19,800 IN GRANT FUNDING FROM THE CALIFORNIA
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) TO ADDRESS
THE SALES AND FURNISHING OF ALCOHOL TO MINORS AND TO FOCUS
ON ABC LICENSEE EDUCATION AND COMPLIANCE
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Adopt Resolution No. 24813 entitled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING A GRANT FROM THE
CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL IN THE
AMOUNT OF $19,800 FOR ALCOHOL ENFORCEMENT."
2. Authorize the City Manager to execute any necessary documents.
B. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-
HORN AND ASSOCIATES, INC., A NORTH CAROLINA CORPORATION, FOR
THE HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) CYCLE 9
TRAFFIC SIGNAL IMPROVEMENTS, FEDERAL-AID PROJECT NO. HSIPL-
5282 (049) CITY PROJECT NO. 18-05
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Approve a Professional Services Agreement with Kimley-Horn and Associates, Inc., a
North Carolina corporation, in the amount of $248,329 for environmental and
engineering design services for the Highway Safety Improvement Program (HSIP)
Cycle 9 Traffic Signal Improvements, Federal-Aid Project No. HSIPL-5282 (049),
City Project No. 18-05. A8620
2. Authorize the City Manager to execute all necessary documents.
C. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID PARK RESTROOM CONSTRUCTION AT SUNRISE
PARK, DEMUTH PARK AND DESERT HIGHLAND PARK, CITY PROJECTS 19-
13, 20-30 AND 20-31
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to approve the plans, specifications and estimate; and authorize
staff to advertise and solicit bids for Park Restroom Construction Projects at Sunrise Park,
Demuth Park and Desert Highland Park, City Project Nos. 19-13, 20-30 and 20-31.
City Council Minutes November 12, 2020
City of Palm Springs Page 7
D. ACCEPTANCE OF THE WELWOOD COURTYARD IMPROVEMENT
PROJECT, CITY PROJECT NO. 16-02
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Accept the public works improvement identified as the Welwood Courtyard Improvement
Project, City Project No. 16-02, as completed in accordance with the plans and
specifications.
2. Authorize the City Engineer to execute and file for recordation with the Riverside County
Recorder a Notice of Completion for the Welwood Courtyard Improvement Project,
City Project No. 16-02.
E. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND
AUTHORIZATION TO RE-BID THE 2020 SLURRY SEAL PROJECT, CITY
PROJECT NO. 19-02 (RE-BID)
This item was excluded from the Consent Calendar. Please refer to Page 15 of these
minutes for a summary of that action.
F. SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING
A MANDATORY COMMERCIAL SOLID WASTE AND ORGANIC WASTE
RECYCLING REQUIREMENT FOR CERTAIN BUSINESSES AND MULTIPLE-
FAMILY RESIDENTIAL DWELLINGS
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to adopt Ordinance No. 2034 entitled, "AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY PALM SPRINGS, CALIFORNIA, AMENDING
CHAPTER 6.04 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO
MANDATORY COMMERCIAL SOLID WASTE AND ORGANIC WASTE
RECYCLING."
G. SECOND AMENDMENT TO THE AIRPORT USE AND LEASE AGREEMENT
FOR COMMERCIAL AIRLINE TENANTS AT PALM SPRINGS
INTERNATIONAL AIRPORT
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Approve an eighteen-months extension of the current Airport Use and Lease
Agreement (AULA) commencing January 1, 2021, through June 30, 2022.
2. Authorize the City Manager to execute all necessary documents.
City Council Minutes November 12, 2020
City of Palm Springs Page 8
H. AUTHORIZE AN INCREASE TO PURCHASE ORDER NO. 20-0738 IN THE
AMOUNT OF $63,202 WITH ENGINEERING RESOURCES OF SOUTHERN
CALIFORNIA, INC., FOR THE PALM SPRINGS STORM DRAIN LINE 20, CITY
PROJECT NO. 19-15
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Authorize an increase to Purchase Order No. 20-0738 in the amount of $63,202 with the
City's "on-call" civil engineering firm, Engineering Resources of Southern California, Inc.,
a California Corporation, pursuant to Agreement No. 6857, for the Palm Springs Storm
Drain Line 20, City Project No. 19-15. A6857
2. Authorize the City Manager to execute all necessary documents.
I. REQUEST BY HEIDI CREIGHTON, OWNER, FOR APPROVAL OF A MILLS
ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 1882
CALIENTE DRIVE, A SITE LISTED ON THE NATIONAL REGISTER OF
HISTORIC PLACES (APN #511-032-005), (NR-13)
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Approve a Mills Act Historic Property Preservation Agreement between the City of
Palm Springs and Heidi Creighton. A8621
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement with the County of Riverside.
J. ACCEPTANCE OF THE FIRE SPRINKLER AND FIRE ALARM SYSTEM
UPGRADE PROJECT AT THE WASTEWATER TREATMENT PLANT, CITY
PROJECT NO. 20-14
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Accept the public works improvements identified in the Fire Sprinkler and Fire Alarm
System Upgrade Project at the Wastewater Treatment Plant, City Project No. 20-14, as
completed in accordance with the plans and specifications.
2. Authorize the City Engineer to execute and file for recordation with the Riverside
County Recorder a Notice of Completion for the Fire Sprinkler and Fire Alarm System
Upgrade Project at the Wastewater Treatment Plant, City Project No. 20-14.
City Council Minutes November 12, 2020
City of Palm Springs Page 9
K. REQUEST BY JON R. ROBERTS, OWNER, FOR APPROVAL OF A MILLS ACT
HISTORIC PROPERTY PRESERVATION AGREEMENT FOR THE CLIFTON
DENTAL BUILDING, LOCATED AT 700 NORTH PALM CANYON DRIVE, A
CONTRIBUTING STRUCTURE IN THE LAS PALMAS BUSINESS HISTORIC
DISTRICT (APN #505-303-002), (HSPB #30 I HD-1)
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm
Springs and Jon R. Roberts. A8622
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement with the County of Riverside
L. REQUEST BY JASON EVANS AND MARCUS WHITE, OWNERS, FOR
APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR 360 CABRILLO ROAD, UNIT 123, A CONTRIBUTING
STRUCTURE IN THE RACQUET CLUB COTTAGES WEST HISTORIC
DISTRICT (APN #504-131-027), (HSPB #88 / HD-3)
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Approve a Mills Act Historic Property Preservation Agreement between the City of
Palm Springs and Jason Evans and Marcus White and the Racquet Club Cottages West
Homeowners Association for 360 Cabrillo Road, Unit 123. A8623
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement with the County of Riverside.
M. APPROVAL OF ALL WAY STOP INTERSECTIONS AT VARIOUS LOCATIONS
WITHIN THE CITY OF PALM SPRINGS
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Adopt Resolution No. 24815 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY
ENGINEER TO ESTABLISH AN ALL-WAY STOP CONTROLLED
INTERSECTION AT SOUTH CAMINO REAL AND EAST AVENIDA GRANADA,
ROSA PARKS ROAD AND NORTH GRANADA AVENUE, ROSA PARKS ROAD
AND EASTGATE ROAD, AND WEST TRAMVIEW ROAD AND NORTH
GRANADA AVENUE, IN ACCORDANCE WITH SECTION 12.16.030 OF THE
PALM SPRINGS MUNICIPAL CODE."
2. Authorize an expenditure of $37,500 from the Special Gas Tax Fund for installation of
related improvements.
City Council Minutes November 12, 2020
City of Palm Springs Page 10
N. REQUEST BY GREGORY MANGUM AND DENNIS TORRES, OWNERS, FOR
APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR 197 WEST MERITO PLACE, A CONTRIBUTING
STRUCTURE IN THE MERITO MANOR HISTORIC DISTRICT (APN #505-302-
017), (HSPB #121 / HD-8)
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Approve a Mills Act Historic Property Preservation Agreement between the City of
Palm Springs and Gregory Mangum, Dennis Torres, and the Merito Manor
Homeowners Association. A8624
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement with the County of Riverside.
O. APPROVAL OF MEMORANDUM OF UNDERSTANDING FOR THE
COACHELLA VALLEY SALT AND NUTRIENT MANAGEMENT PLAN
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Approve the Memorandum of Understanding regarding Collaboration on the Coachella
Valley Salt and Nutrient Management Plan. A8625
2. Authorize the City Manager to execute all necessary documents.
P. APPROVAL OF A THREE-YEAR CONTRACT SERVICE AGREEMENT WITH
CAL STRIPE, INC., IN THE AMOUNT OF $48,060 FOR RUNWAY RUBBER
REMOVAL AT THE PALM SPRINGS INTERNATIONAL AIRPORT
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Approve a contract service agreement with Cal Stripe, Inc., of Colton, California for
runway surface rubber removal in the amount of $16,020.00 per year for a three-year
period totaling $48,060.00, subject to CPI adjustment in year 2 and 3. A8626
2. Authorize the City Manager to execute all necessary documents.
City Council Minutes November 12, 2020
City of Palm Springs Page 11
Q. APPROVAL OF A COOPERATIVE AGREEMENT WITH RIVERSIDE COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND FAR
WEST INDUSTRIES, A CALIFORNIA CORPORATION, RELATED TO
CONSTRUCTION OF REQUIRED FLOOD CONTROL AND DRAINAGE
FACILITIES ASSOCIATED WITH TRACT MAP 36914
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Approve a Cooperative Agreement between the Riverside County Flood Control and
Water Conservation District, the City of Palm Springs, and Far West Industries, a
California corporation, associated with the construction, operation, and maintenance of
flood control and drainage improvements, associated with Tract Map 36914. A8627
2. Authorize the City Manager to execute all necessary documents.
R. REQUEST BY CRAIG BOUMAN, ON BEHALF OF GREENSKEEPERS, LLC,
FOR MINOR ARCHITECTURAL REVIEW APPROVAL TO ALTER THE
EXTERIOR ELEVATIONS OF AN EXISTING COMMERCIAL BUILDING FOR
A NEW CANNABIS DISPENSARY, HITS STUDIO, LOCATED AT 155 SOUTH
PALM CANYON DRIVE, SUITE A1 (APN: 513- 143-019), ZONE CBD, SECTION
15 (CASE NO. 3.1437 MAA)
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to approve the minor architectural review to alter the exterior
elevations of an existing commercial building for a new cannabis dispensary, Hits Studio,
located at 155 South Palm Canyon Drive, Suite A1.
S. APPROVAL OF PAYROLL WARRANTS, CLAIMS, AND DEMANDS
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to adopt Resolution No. 24816 entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE
PERIOD ENDING 10-03-20 AND 10-17-20 TOTALING $3,284,768.74 AND
ACCOUNTS PAYABLE WARRANTS DATED 10-01-2020 AND 10-15-2020
TOTALING $4,531,709.94, IN THE AGGREGATE AMOUNT OF $7,816,478.68,
DRAWN ON BANK OF AMERICA."
City Council Minutes November 12, 2020
City of Palm Springs Page 12
T. REQUEST BY L. STANLEY DEEN AND DOUGLAS J. MACBETH, OWNERS,
FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR 2244 EAST TAHQUITZ CANYON WAY, UNIT #8, A
CONTRIBUTING STRUCTURE IN THE DESERT HOLLY HISTORIC
DISTRICT (APN #505-085-008), (HSPB #117 / HD-7)
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Approve a Mills Act Historic Property Preservation Agreement between the City of
Palm Springs and L. Stanley Deen and Douglas J. MacBeth and the Desert Holly
Homeowners Association. A8628
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement with the County of Riverside.
U. REQUEST BY CARLOS CASTANO, OWNER, FOR APPROVAL OF A MILLS ACT
HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 2244 EAST
TAHQUITZ CANYON WAY, UNIT #14, A CONTRIBUTING STRUCTURE IN THE
DESERT HOLLY HISTORIC DISTRICT (APN #505-085-013), (HSPB #117 / HD-7)
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Approve a Mills Act Historic Property Preservation Agreement between the City of
Palm Springs and Carlos Castano and the Desert Holly Homeowners Association.
A8629
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement with the County of Riverside.
V. REQUEST BY DIANE BALD, TRUSTEE FOR THE BUDMAN FAMILY TRUST,
OWNER, FOR APPROVAL OF MILLS ACT HISTORIC PROPERTY
PRESERVATION AGREEMENT FOR A CLASS 1 HISTORIC SITE LOCATED
AT 515 WEST VIA LOLA ("THE KIRK DOUGLAS RESIDENCE", HSPB #118)
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Approve a Mills Act Historic Property Preservation Agreement between the City of
Palm Springs and the Budman Family Trust for the Kirk Douglas Residence, a Class 1
Historic Site (HSPB #118) located at 515 West Via Lola. A8630
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement.
City Council Minutes November 12, 2020
City of Palm Springs Page 13
W. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO
RELEASE SUBDIVISION IMPROVEMENT SECURITIES FOR THE "ESCENA
DEVELOPMENT - PALM SPRINGS CLASSIC, LLC, A DELAWARE LIMITED
LIABILITY COMPANY", TRACT MAP 32233-4
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to adopt Resolution No. 24817 entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING ACCEPTANCE OF THE SUBDIVISION IMPROVEMENTS
ASSOCIATED WITH TRACT MAP 32233-4 AND AUTHORIZING RELEASE OF
SECURITIES REQUIRED BY THE SUBDIVISION IMPROVEMENT AGREEMENT
WITH PALM SPRINGS CLASSIC, LLC, A DELAWARE LIMITED LIABILITY
COMPANY, (A5089), FOR PROPERTY LOCATED EAST OF GENE AUTRY TRAIL
AND SOUTH OF VISTA CHINO, IN SECTION 7, TOWNSHIP 4 SOUTH, RANGE 5
EAST." A5089
X. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO
RELEASE SUBDIVISION IMPROVEMENT SECURITIES FOR THE "ESCENA
DEVELOPMENT - PALM SPRINGS CLASSIC, LLC, A DELAWARE LIMITED
LIABILITY COMPANY", TRACT MAP 32233-1
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to adopt Resolution No. 24818 entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING ACCEPTANCE OF THE SUBDIVISION IMPROVEMENTS
ASSOCIATED WITH TRACT MAP 32233-1 AND AUTHORIZING RELEASE OF
SECURITIES REQUIRED BY THE SUBDIVISION IMPROVEMENT AGREEMENT
WITH PALM SPRINGS CLASSIC, LLC, A DELAWARE LIMITED LIABILITY
COMPANY, (A5086), FOR PROPERTY LOCATED ALONG THE EAST SIDE OF
GENE AUTRY TRAIL AND SOUTH OF VISTA CHINO, IN SECTION 7, TOWNSHIP
4 SOUTH, RANGE 5 EAST." A5086
Y. ACCEPT A RESIGNATION FROM THE HUMAN RIGHTS COMMISSION
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to accept with regret the resignation of Peter Augustus Owen
from the Human Rights Commission.
City Council Minutes November 12, 2020
City of Palm Springs Page 14
Z. SUMMARY VACATION OF THE PORTION OF THE SOUTH HALF OF PUBLIC
RIGHT-OF-WAY FOR 16TH AVENUE (44 FT. HALF-STREET WIDTH)
LOCATED BETWEEN DIABLO ROAD AND MELISSA ROAD AND NORTH OF
INTERSTATE 10 IN SECTION 9, TOWNSHIP 3, RANGE 4 EAST;
ENGINEERING FILE R 20-16-62450
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to adopt Resolution No. 24819 entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A SUMMARY VACATION AND ABANDONING ALL OF ITS RIGHT,
TITLE AND INTEREST IN THE PORTION OF THE SOUTH HALF OF PUBLIC
RIGHT-OF-WAY FOR 16TH AVENUE (44 FT. HALF-STREET WIDTH) LOCATED
BETWEEN DIABLO ROAD AND MELISSA ROAD AND NORTH OF INTERSTATE
10 IN SECTION 9, TOWNSHIP 3, RANGE 4 EAST; ENGINEERING FILER 20-16-
62450, AND APPROVING A DETERMINATION THAT THE ACTION IS
CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA)."
AA. APPROVAL OF AN AMENDMENT OF THE CITY OF PALM SPRINGS
CANNABIS SOCIAL EQUITY PROGRAM
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to adopt Resolution No. 24820 entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE CANNABIS SOCIAL EQUITY PROGRAM TO AUTHORIZE
GRANT FUNDS FOR ALL ELIGIBLE USES AS IDENTIFIED IN THE CALIFORNIA
LOCAL EQUITY GRANT PROGRAM GRANT AGREEMENT."
BB. CONSIDERATION AND APPROVAL OF AMENDMENT NO. 4 TO
DESTINATION PALM SPRINGS AGREEMENT-PS RESORTS
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Approve Amendment No. 4 to the Destination Palm Springs Agreement with
PS Resorts. A6187
2. Authorize the City Manager to execute the amendment.
City Council Minutes November 12, 2020
City of Palm Springs Page 15
CC. REQUEST BY CITY OF LOS ANGELES TO JOIN AN AMICUS CURIAE BRIEF,
FILED ON BEHALF OF STATE OF NEW JERSEY, MEXICAN AMERICAN
LEGAL DEFENSE AND EDUCATION FUND (MALDEF), AND OTHERS, TO
DEFEND THE DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA)
PROGRAM, IN TEXAS V. UNITED STATES OF AMERICA ET AL., U.S. DIST.
CT., S. DIST. OF TEXAS, CASE NO. 1:18-CV-00068
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Approve the City of Palm Springs joining as amicus curiae brief filed by the City of
Los Angeles in the following case: Texas v. United States, et al., U.S. Dist. Ct., S. Dist.
of Texas, Case No. 1: 18-CV00068.
2. Authorize the City Attorney to sign on to such brief on behalf of the City of Palm Springs.
EXCLUDED CONSENT CALENDAR:
E. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND
AUTHORIZATION TO RE-BID THE 2020 SLURRY SEAL PROJECT, CITY
PROJECT NO. 19-02 (RE-BID)
In response to City Council inquiry, City Engineer Montalvo summarized the slurry seal
process, noting that it is a cost-effective way to extend the life of street pavement.
Councilmember Garner suggested that staff evaluate if additional streets can be slurry
sealed based on available funding.
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0*, to approve the specifications and estimates, and authorize
staff to re-advertise and solicit bids for the 2020 Slurry Seal, City Project No. 19-02
(Re-Bid).
*Councilmember Middleton announced her recusal for the slurry seal on Biltmore Place,
due to the proximity to her residence.
City Council Minutes November 12, 2020
City of Palm Springs Page 16
2. PUBLIC HEARINGS:
A. REQUEST FOR COUNCILMEMBER REVIEW OF AN ACTION TAKEN BY THE
PLANNING COMMISSION TO DENY A REQUEST BY TOWER ENERGY
GROUP FOR AN AMENDMENT TO THE COLLEGE PARK SPECIFIC PLAN
TO CHANGE THE LAND USE DESIGNATION TO MIXED USE/MULTl-USE
AND CONDITIONAL USE PERMITS TO ALLOW THE CONSTRUCTION OF A
5,343-SQUARE FOOT GROCERY STORE (CASE 5.1511 CUP) AND
ACCOMPANYING FUELING STATION (CASE 5.1514 CUP) LOCATED AT 3299
NORTH INDIAN CANYON DRIVE, ZONE C-1, SECTION 3
Assistant Director of Planning Newell narrated a PowerPoint presentation. In response to
City Council inquiry, Mr. Newell opined that the proposed project meets the definition of
a “grocery store” under the Food Desert Overlay; advised that the applicant will install
electric vehicle charging stations in compliance with City requirements.
In response to City Council inquiry, City Attorney Ballinger advised that the City Council
will be required to make a finding that the grocery store portion of the project qualifies
under the Food Desert Overlay for it to move forward.
Mayor Kors opened the Public Hearing.
Mark Bassey & Nick Fullerton, representing Tower Market, urged the City Council to
approve the proposed project, noting that there is a need for a neighborhood grocery store
in the area; spoke on the architectural design of the project.
Peter Moruzzi, Planning Commissioner, stated that the Planning Commission did not find
that the proposed project meet the goals of the Food Desert Overlay; opined that there
should be a require percentage of shelf and floor space dedicated to fresh foods; urged the
City Council to uphold the decision of the Planning Commission.
Raghda Zacharia, voiced support for the project, citing there is a high need for a
neighborhood grocery store in the area; opined that the prices are in-line with other grocery
stores.
Deiter Crawford, opined that the proposed project does not qualify as a grocery store;
voiced concerns about childhood obesity and the need for access to fresh and health food
options.
Joanne Crawford, urged the City Council to deny the proposed project.
Charlie Ervin, expressed concern about the oversaturation of gas stations and liquor outlets
in the immediate area; urged the City Council to deny the project.
Bob Heinbaugh, suggested that the City Council curtail its approval of cannabis-related
businesses and approve more family-oriented businesses such as the proposed project;
spoke on the potential benefits the project will bring to the neighborhood.
City Council Minutes November 12, 2020
City of Palm Springs Page 17
Ginny Foat, encouraged the City Council to approve the project.
Paul Hinrichsen, spoke on the economic benefits of the project and urged City Council
approval.
Kathy Weremuik, Chair, Planning Commission, spoke on the Planning Commission’s
rationale for denying the project; advised that the Planning Commission did not conduct
an architectural review of the project.
Nick Bataglia, representing the Applicant, advised that Tower Market is working with a
new supplier who will ensure the availability of fresh food items; advised that their prices
are comparable to Ralphs’ grocery stores.
There being no others desiring to speak, Mayor Kors closed the Public Hearing.
In response to City Council inquiries, Mr. Bassey advised that their economic projections
would not support the elimination of the gas station or reduction of fueling bays to
accommodate a larger grocery store; advised that they will hire 9-15 employees from the
local community.
Councilmember Middleton reported on her visit to other Tower Markets in the area; noted
that she was impressed with the ease of access, layout, and cleanliness of the store; reported
that the variety of fresh foods was limited and lacking; stated that she is struggling to make
a finding that the project qualifies under the Food Desert Overlay.
Councilmember Garner noted that the community does not trust Tower Market, noting that
the applicant only recently sought input from the community; asserted that the project does
not qualify under the Food Desert Overlay.
Mayor Kors expressed concern on the viability of attracting a larger grocery store in the
near future if the project is denied, pointing out that residents will still not have access to
fresh foods.
Mayor Pro Tem Holstege noted that the community has worked to attract a grocery store
in the area for over 15 years; suggested that the City Council work with the applicant to
get assurances about the availability of fresh foods on a consistent basis.
Councilmember Woods expressed concern regarding reports of higher prices at Tower
Markets and suggested that there be a commitment that the market will operate in a manner
consistent with the Supplemental Nutrition Assistance Program (SNAP) requirements,
have a minimum number of shopping carts, construct an outdoor pergola outside the dining
area, accentuate the gas pumps, reorient the site layout to reduce the retention basin, add
architectural lighting to place more emphasis on the market versus gas station, add bicycle
racks, and review the parking layout; suggested that a specific percentage of floor space be
dedicated to fresh fruits, vegetables, and meats.
City Council Minutes November 12, 2020
City of Palm Springs Page 18
Following discussion, Councilmembers Garner and Woods volunteered to work with staff
and the applicant regarding the project.
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY MAYOR KORS,
CARRIED 5-0, to close public testimony and continue the Public Hearing to the City
Council meeting of December 10, 2020.
RECESS/RECONVENE
The City Council recessed at 9:28 p.m. and reconvened at 9:40 p.m. with all members present.
B. NICHOLAS PEPPER, OWNER, REQUESTING CLASS 1 LANDMARK
HISTORIC DESIGNATION OF "THE FRANZ ALEXANDER RESIDENCE"
LOCATED AT 1011 WEST CIELO ROAD (APN 504-201-024) HSPB #132
Assistant Director of Planning Newell narrated a PowerPoint presentation and responded
to City Council inquiries.
Mayor Kors opened the Public Hearing.
Steve Vaught, urged the City Council to approve the historic designation of “The Franz
Alexander Residence.”
There being no others desiring to speak, Mayor Kors closed the Public Hearing.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 24821 entitled, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DESIGNATING "THE DR. FRANZ ALEXANDER RESIDENCE" LOCATED AT
1011 WEST CIELO DRIVE, AS A CLASS 1 (LANDMARK) HISTORIC RESOURCE
HSPB #132, SUBJECT TO CONDITIONS (APN 504-201-024)."
C. ACTIONS RELATED TO THE ESTABLISHMENT OF COMMUNITY
FACILITIES DISTRICT NO. 2020-1 (CANYON VIEW), INCLUDING A
LANDOWNER ELECTION, AUTHORIZATION TO INCUR BONDED
INDEBTEDNESS OF UP TO $4,000,000 AND AN ORDINANCE AUTHORIZING
THE LEVY OF A SPECIAL TAX
City Clerk Mejia confirmed the Public Notice for this item was mailed and published in
accordance with the law.
Assistant City Manager Fuller presented the staff report and responded to City Council
inquiries.
Mayor Kors opened and closed the Public Hearing, there being no one desiring to speak.
City Council Minutes November 12, 2020
City of Palm Springs Page 19
City Clerk Mejia stated there were no public comments and no written protests received on
this item; noted that the Riverside County Registrar of Voters has certified there are no
registered voters within the Community Facilities District; noted that the owner of all the
taxable property in the district has consented to holding a special election on
November 12, 2020; concurred that a special election may be heard on November 12, 2020,
and summarized the resolutions the City Council will consider acting upon.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Adopt Resolution No. 24822 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING
COMMUNITY FACILITIES DISTRICT NO. 2020-1 (CANYON VIEW) OF THE
CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
AND ESTABLISHING THE BOUNDARIES THEREOF."
2. Adopt Resolution No. 24823 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING THE
NECESSITY FOR COMMUNITY FACILITIES DISTRICT NO. 2020 -1 (CANYON
VIEW) OF THE CITY OF PALM SPRINGS TO INCUR A BONDED
INDEBTEDNESS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
$4,000,000 FOR PROVIDING PUBLIC FACILITIES AND CALLING A SPECIAL
ELECTION OF THE COMMUNITY FACILITIES DISTRICT ON THE
PROPOSITION FOR INCURRING SUCH BONDED INDEBTEDNESS."
3. Adopt Resolution No. 24824 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING A SPECIAL
ELECTION AND SUBMITTING TO THE VOTERS OF COMMUNITY
FACILITIES DISTRICT NO. 2020-1 (CANYON VIEW) OF THE CITY OF PALM
SPRINGS PROPOSITIONS WITH RESPECT TO THE ANNUAL LEVY OF
SPECIAL TAXES WITHIN SAID COMMUNITY FACILITIES DISTRICT AND
ESTABLISHING AN APPROPRIATIONS LIMIT FOR SAID COMMUNITY
FACILITIES DISTRICT."
City Clerk Mejia announced the official ballot has been opened and all the votes are in
favor of the propositions presented on the ballot.
(City Council action continued on the next page)
City Council Minutes November 12, 2020
City of Palm Springs Page 20
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Adopt Resolution No. 24825 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARIN G THE RESULTS
OF CONSOLIDATED SPECIAL ELECTIONS WITHIN COMMUNITY
FACILITIES DISTRICT NO. 2020-1 (CANYON VIEW) OF THE CITY OF PALM
SPRINGS ON PROPOSITIONS REGARDING (i) INCURRING A BONDED
INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED $4,000,000, (ii) THE
ANNUAL LEVY OF SPECIAL TAXES TO PAY PRINCIPAL AND INTEREST ON
BONDS AND (iii) ESTABLISHING AN APPROPRIATIONS LIMIT."
2. Introduce Ordinance No. 2035 entitled, "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2020-1
(CANYON VIEW) OF THE CITY OF PALM SPRINGS, AUTHORIZING THE
LEVY OF SPECIAL TAXES IN SUCH COMMUNITY FACILITIES DISTRICT."
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS:
A. APPROVAL OF THE 2020 REFUNDING LEASE OF THE 2013 LEASE
FINANCING AGREEMENT WITH CAPITAL ONE PUBLIC FUNDING
RELATED TO THE 2013 CITYWIDE ENERGY MANAGEMENT PROJECT
Mayor Kors convened the joint meeting of the City Council and Financing Authority to
order at 10:04 p.m.
Assistant City Manager Fuller presented the staff report and responded to City Council
inquiries.
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Acting as the City Council, adopt Resolution No. 24826 entitled, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING THE EXECUTION AND DELIVERY OF A SITE AND FACILITY
LEASE, A LEASE AGREEMENT, A PROJECT LEASE ASSIGNMENT, AN
EQUIPMENT LEASE ASSIGNMENT, AND AN ESCROW AGREEMENT WITH
RESPECT TO REFINANCING THE ACQUISITION, INSTALLATION,
FINANCING, INSTALLMENT SALE PURCHASE AND LEASING OF CERTAIN
EQUIPMENT THAT CONSTITUTES ENERGY CONSERVATION FACILITIES;
AUTHORIZING THE EXECUTION AND DELIVERY OF AGREEMENTS AND
DOCUMENTS REQUIRED IN CONNECTION THEREWITH; AND
AUTHORIZING THE TAKING OF ALL OTHER. ACTIONS NECESSARY TO
THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS
RESOLUTION." A8631
City Council Minutes November 12, 2020
City of Palm Springs Page 21
MOTION BY BOARD MEMEBR WOODS, SECOND BY BOARD MEMEBR
GARNER, CARRIED 5-0, to:
2. Acting as the Financing Authority Board, adopt Resolution No. 43 entitled, "A
RESOLUTION OF THE BOARD OF THE FINANCING AUTHORITY OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE EXECUTION
AND DELIVERY OF A SITE AND FACILITY LEASE, A LEASE AGREEMENT,
A PROJECT LEASE ASSIGNMENT, AN EQUIPMENT LEASE ASSIGNMENT,
AND AN ESCROW AGREEMENT WITH RESPECT TO REFINANCING THE
ACQUISITION, INSTALLATION, FINANCING, INSTALLMENT SALE
PURCHASE AND LEASING OF CERTAIN EQUIPMENT THAT CONSTITUTES
ENERGY CONSERVATION FACILITIES; AUTHORIZING THE EXECUTION
AND DELIVERY OF AGREEMENTS AND DOCUMENTS REQUIRED IN
CONNECTION THEREWITH; AND AUTHORIZING THE TAKING OF ALL
OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE
TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION." A8631
The Finance Authority adjourned at 10:08 p.m.
B. APPROVAL OF A COMMUNITY WORKFORCE AGREEMENT BY AND
BETWEEN THE CITY OF PALM SPRINGS AND SAN
BERNARDINO/RIVERSIDE COUNTIES BUILDING AND CONSTRUCTION
TRADES COUNCIL, AFL-CIO AND THE SIGNATORY CRAFT COUNCILS AND
UNIONS
The City Council took no action on this matter. It was continued to the City Council
meeting of December 10, 2020.
5. NEW BUSINESS:
A. REQUEST BY MASSFLORA, LLC FOR AN ADMINISTRATIVE MINOR
MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION
DISTANCE REQUIREMENT FOR A CANNABIS DISPENSARY/LOUNGE AT
577 E. SUNNY DUNES ROAD (CASE 7.1609AMM)
Councilmember Garner announced her recusal due to a business interest and left the City
Council meeting at 10:09 p.m.
Assistant Director of Planning Newell narrated a PowerPoint presentation. In response to
City Council inquiry, Mr. Newell noted that the applicant is not a participant of the Social
Equity Program; noted that the 500-foot separation requirement has been in place for
several years and that the project would not qualify under the City’s newest regulations for
cannabis-related businesses; advised that the property changed ownership in 2019.
In response to City Council inquiry, Ryan Wimpee, representing Massflora, advised that
they purchased the property when there was an exemption for cannabis-related businesses
in the industrial zone; advised that he has documentation that indicates that the application
City Council Minutes November 12, 2020
City of Palm Springs Page 22
would be “grandfathered” under the previous code requirements; stated that the applicant
does not intend to make façade improvements, except for signage.
Mr. Wimpee forwarded the email correspondence with the Planning Department to the City
Clerk. City Clerk Mejia provided the documentation to the City Council and retained it for
the official record.
Mr. Newell advised that the applicant purchased the property in January 2019 and
submitted their regulatory permit in August 2019; advised that the City Council amended
the Palm Springs Municipal Code in November 2019 which applied distance separation
requirements in the industrial zone; stated that this particular business was not far enough
into the permitting process to be “grandfathered” under the prior code.
Mayor Kors pointed out that the applicant has indicated that the area is blighted and meets
the criteria for approval but has also indicated that they do not intend on making façade
improvements other than signage.
Councilmember Middleton pointed out the that correspondence submitted by Mr. Wimpee
indicates that the applicant is requesting pre-clearance and staff indicated that it would not
do so; noted that the applicant did not garner any support from neighboring businesses and
did not take this opportunity to propose any façade improvements.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
WOODS, to deny the request for a waiver.
City Clerk Mejia announced he received an email from Ryan Wimpee stating he would be
willing to make additional improvements.
AMENDED MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
COUNCILMEMBER WOODS, CARRIED 4-0 (WITH COUNCILMEMBER GARNER
RECUSED), to refer the matter to the Architectural Advisory Committee.
Councilmember Garner returned to the City Council meeting.
B. CONSIDERATION AND DIRECTION ON PLACEMENT OF THE FOREVER
MARILYN SCULPTURE ON MUSEUM WAY BETWEEN MUSEUM DRIVE AND
BELARDO ROAD ADJACENT TO THE DOWNTOWN PARK
City Manager Ready presented the staff report.
Councilmember Middleton suggested the matter return to the City Council after a specified
period to evaluate the impacts of closing Museum Way to vehicular traffic; stated that her
preferred location would be Francis Stevens Park.
Councilmember Woods pointed out that no public funds will not be used for the installation
of the sculpture.
City Council Minutes November 12, 2020
City of Palm Springs Page 23
Councilmember Garner voiced support for the temporary placement of the sculpture on
Museum Way, noting that she believes Francis Stevens Park may be a better location;
suggested that the City Council reevaluate the matter in one year.
In response to City Council inquiry, City Manager Ready noted that the City Council may
impose additional terms to the agreement as it sees fit; pointed out that it will be challenging
to quickly relocate the sculpture once installed; advised that signage, education, and
monitoring will be needed to ensure visitors are not gathering at the site.
Mayor Pro Tem Holstege spoke on the benefits of creating an art walk to encourage visitors
to walk towards the Art Museum and Downtown Park; noted that she agrees that Francis
Stevens Park should be evaluated as a long-term site for the sculpture.
Mayor Kors pointed out the high cost for installation and relocating the sculpture too often
would be cost prohibitive.
City Manager Ready recommended that the City Council include a clause to allow either
party to terminate the agreement.
By consensus, the City Council provided direction to the City Manager as follows:
a. Placement of the Forever Marilyn sculpture created by the artist Seward Johnson
within Museum Way between Museum Drive and Belardo Road adjacent to the
Downtown Park.
b. Authorization for the City Manager to execute a three-year License Agreement with
PS Resorts in a form approved by the City Attorney authorizing the placement of
the Forever Marilyn sculpture within Museum Way, with direction to include a
termination clause with sufficient notice to relocate the sculpture and periodic
updates to the City Council regarding impacts to the Palm Springs Art Museum and
surrounding area.
c. Authorization for the City Engineer to proceed with the process of vacating the
public's vehicular access rights on a portion of Museum Way between Museum
Drive and Belardo Road.
C. DISCUSS AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT
CONSOLIDATED PLAN AND ANNUAL ACTION PLAN FOR THE FISCAL
YEAR 2020-2021 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM,
45TH PROGRAM YEAR FOR ALLOCATING COMMUNITY DEVELOPMENT
BLOCK GRANT - CORONA VIRUS FUNDS
Director of Economic and Community Development Virata presented the staff report and
responded to City Council inquiries.
Councilmember Woods questioned and received clarification that the subject funds can be
used to purchase portable display boards; voiced support for having stewards provide face
coverings to the public.
City Council Minutes November 12, 2020
City of Palm Springs Page 24
Councilmember Middleton expressed support for allocating the funding to assist those
most impacted by the consequences of COVID-19; conveyed support for hiring temporary
staff to provide face coverings to the public and distributing information on safety protocols
as well as providing assistance to struggling businesses.
The City Council expressed support for allocating the subject funds towards utility and rent
assistance.
D. FISCAL YEAR 2020/2021 FIRST QUARTER BUDGET REVIEW
Director of Finance & Treasurer Pauley presented the staff report.
City Manager Ready presented a series of recommendations related to the hiring of
personnel, restoring palm tree trimming, purchasing of an emergency radio system, and
installation of temporary restrooms, noting that the balance of revenues will be used to
build reserves; advised that staff continues to recruit for a qualified candidates for the
vacant Economic Development Department vacancies.
In response to City Council inquiry, Assistant City Manager Fuller advised that the dog
park is temporarily closed for sod reseeding and that the Parks and Recreation Commission
supports the installation of temporary restrooms upon reopening; advised that the watering
schedule for landscaped areas has not been modified.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR KORS,
CARRIED 5-0, to:
1. Amend the FY 20-21 Budget to increase General Fund budgeted revenue by
$8,637,694 to $89,491,994 and Measure J Capital Fund budgeted revenue by
$2,960,222 to $8,927,122.
2. Amend the FY 20-21 Allocated Positions and Compensation Plan revising the "Frozen
and Unfunded" allocated position list to identify 20 additionally funded positions.
3. Amend the FY 20-21 Budget to appropriate $2,148,000 from unrestricted General Fund
balance for the following expenditures:
a. $1,500,000 for personnel costs in various Departments in accordance with the
amended FY 20-21 Allocated Positions and Compensation Plan.
b. $200,000 for palm tree trimming.
c. $398,000 for Fire Department handheld/vehicle 911 emergency radios and
installation.
d. $50,000 for temporary restroom services at Desert Highland Park and the Dog Park.
City Council Minutes November 12, 2020
City of Palm Springs Page 25
PUBLIC COMMENT:
None.
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT:
In response to City Council inquiry, City Manager Ready advised that consideration of pet
licensing fees and study sessions on Boards and Commission and Affordable Housing will be
agendized in January 2021.
ADJOURNMENT:
The City Council adjourned at 11:45 p.m.
Respectfully submitted,
Anthony J. Mejia, MMC
City Clerk
APPROVED BY CITY COUNCIL: 02/11/2021