HomeMy WebLinkAbout2020-12-10 CC MINUTESThursday, December 10, 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, December 10, 2020, at 5:38 p.m.
PLEDGE OF ALLEGIANCE:
City Manager Ready 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.
PUBLIC COMMENT FOR PRESENTATION ITEMS ONLY:
None.
PRESENTATIONS:
• CERTIFICATION OF ELECTION RESULTS
City Clerk Anthony Mejia presented the staff report.
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to adopt Resolution No. 24828 entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECITING
THE FACT OF THE REGULAR MUNICIPAL ELECTION HELD ON DECEMBER 3,
2020, DECLARING THE RESULT AND SUCH OTHER MATTERS AS ARE
PROVIDED BY LAW."
City Council Minutes December 10, 2020
City of Palm Springs Page 2
• OATH OF OFFICE CEREMONY
City Clerk Mejia administered the Oath of Office to Christy Gilbert Holstege and Lisa
Middleton for the Office of Member of the City Council, Districts 4 and 5, respectively.
• APPOINTMENT OF THE MAYOR AND MAYOR PRO TEM
City Clerk Mejia presented the staff report.
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to appoint Christy Gilbert Holstege to the position of Mayor and
Lisa Middleton to the position of Mayor Pro Term for a one-year term commencing upon
appointment.
ROLL CALL:
Present: Councilmembers Grace Elena Garner, Geoff Kors, Dennis Woods; Mayor Pro Tem
Lisa Middleton; and Mayor Christy Holstege
Absent: None.
PRESENTATIONS (CONT.):
• REMARKS FROM THE CITY COUNCIL, MAYOR PRO TEM, AND MAYOR
Individual members of the City Council commended Geoff Kors for his leadership as
Mayor and congratulated Christy Gilbert Holstege and Lisa Middleton on their successful
reelection campaigns and their appointments as Mayor and Mayor Pro Tem.
Mayor Pro Tem Middleton and Mayor Holstege spoke on their reelection campaign and
expressed gratitude to the community for their continued support.
• PRESENTATION OF A PROCLAMATION TO PERRY MADISON, DIRECTOR
OF HUMAN RESOURCES
Mayor Holstege presented a Proclamation to Perry Madison, Director of Human
Resources, in recognition of his 13 years of service with the City of Palm Springs.
• COVID-19 CASE UPDATE AND TESTING SITES
Emergency Management Coordinator DeSelms and Assistant City Manager Fuller
presented an update on the number of COVID-19 cases in the Coachella Valley and
Riverside County; announced the distribution of personal protective equipment to local
businesses and reported on testing data derived from local wastewater.
City Council Minutes December 10, 2020
City of Palm Springs Page 3
MEETING RECESS
The City Council recessed at 6:19 p.m. and reconvened at 6:27 p.m., with all members present.
ACCEPTANCE OF THE AGENDA:
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS,
CARRIED 5-0, to remove Consent Calendar Item Nos. 1H, 1I, and 1N for separate discussion and
delete Item Nos. 1T and 5C from the agenda.
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of December 10, 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
Sabordo, et al. v. City of Palm Springs, et al.,
Case No. PSC1602732, Superior Court of the State of California, County of Riverside
IBH Management PS, LLC dba Infusion Beach Club,
Case No. 6:20-bk-17537-SY, U.S. Bankruptcy Court (Cent. Dist. Cal.)
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 four (4) 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)
City Council Minutes December 10, 2020
City of Palm Springs Page 4
CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code
Section 54956.8:
Property Description: 3400 Tahquitz Canyon Way, Palm Springs
(portions of airport)
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: Paradies Shops, LLC
Under Negotiation: Price and Terms of Payment
Property Description: 3.6 Acres at SE corner of Indian Canyon Drive and
San Rafael Road
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
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 H. Ready, City Manager or Designee
Negotiating Parties: West Hollywood Community Housing Corporation
Under Negotiation: Price and Terms of Payment
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 Council Minutes December 10, 2020
City of Palm Springs Page 5
City Attorney Ballinger reported that the City Council met in a Special Closed Session on
December 10, 2020, at 8:00 a.m. and took no reportable action; announced 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:
David Freedman, speaking on Item 3A, voiced support and urged the City Council to approve the
proposed ordinance.
Bob Heinbaugh, speaking on Item 2A, questioned whether there are alternative solutions to bring
a grocery store to the area; urged the City Council to approve the Tower Market project.
Paul Hinrichsen, speaking on Item 2A, pointed out that the existing site has been used for illegal
dumping; urged the City Council to approve the Tower Market project.
Evernell Black, speaking on Item 2A, asserted that the Tower Market is another convenience store
with high prices and urged the City Council to deny the project.
Deiter Crawford, speaking on Item 2A, Vice President, Desert Highlands Gateway Estates
Community Action Association, opined that Tower Market will not meet the needs of the
community and urged the City Council to deny the project.
Charlie Ervin, speaking on Item 2A, spoke on the need for a Specific Plan for the northern portion
of Palm Springs, citing the need for more banks and full-line grocery stores.
Ginny Foat, speaking on Items 1N and 2A, recommended that low income residents be offered
reduced dog license fees; voiced support for the Tower Market project and urged approval.
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS:
Councilmember Garner spoke on the need to address vehicular speeding in residential areas;
requested that staff repair the basketball hoops at Ruth Hardy Park; announced an upcoming hot
cocoa with Santa event and expressed her appreciation to City staff.
Councilmember Kors reported on his attendance at recent meetings and events; announced that he
was appointed Chair of the Greater Palm Springs Convention and Visitors Bureau; reported on the
limited availability of ICU beds at local hospitals; encouraged residents to support local businesses
and restaurants.
Sustainability Manager Patrick Tallarico discussed new programs being launched to help fund
sustainability efforts including a Sustainability Scholarship Program for businesses and a Home
Energy Assessment Program for residents.
City Manager Ready announced the launch of the City’s new website.
City Council Minutes December 10, 2020
City of Palm Springs Page 6
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 5-0, to approve the Consent Calendar, with the removal of Item
Nos. 1H, 1I, and 1N for separate discussion and the deletion of Item No. 1T from the agenda.
A. APPROVAL OF MINUTES
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 5-0, to approve the City Council Meeting Minutes of
September 24, October 8, and October 22, 2020.
B. TREASURER'S INVESTMENT REPORT AS OF OCTOBER 31, 2020
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 5-0, to receive and file the Treasurer's Investment Report as of
October 31, 2020.
C. RESOLUTION TO ADOPT THE CITY OF PALM SPRINGS CONFLICT OF
INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24829 entitled, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADOPTING THE CONFLICT OF INTEREST CODE AND REPEALING RESOLUTION
NO. 24527."
D. SECOND READING AND ADOPTION OF 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
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 5-0, to adopt 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."
City Council Minutes December 10, 2020
City of Palm Springs Page 7
E. AWARD A CONSTRUCTION CONTRACT TO TORRES SANITATION
SYSTEMS CONSTRUCTION, A CALIFORNIA SOLE PROPRIETORSHIP, IN
THE AMOUNT OF $164,428 AND APPROVAL OF A PURCHASE ORDER IN AN
AMOUNT NOT TO EXCEED $42,224 TO VEOLIA WATER WEST OPERATING
SERVICES FOR CONSTRUCTION MANAGEMENT, INSPECTION SERVICES
FOR THE 2020 SEWER COLLECTION SYSTEM REPAIRS PROJECT, CITY
PROJECT NO. 20-20
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 5-0, to:
1. Award a construction contract to Torres Sanitation Systems Construction, a California
sole proprietorship, in the amount of $164,428 for 2020 Sewer Collection System
Repairs Project, City Project No. 20-20. A8646
2. Authorize a Purchase Order to Veolia Water West Operating Services, Inc., pursuant
to Agreement No. 6804, in an amount not to exceed $42,224 for construction
management, inspection, and materials testing services for 2020 Sewer Collection
System Repairs Project, City Project No. 20-20. A6804
3. Authorize the City Manager to execute all necessary documents.
F. REQUEST BY DAVE ECK, OWNER, FOR APPROVAL OF A MILLS ACT
HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 2244 EAST
TAHQUITZ CANYON WAY UNIT #7, A CONTRIBUTING STRUCTURE IN THE
DESERT HOLLY HISTORIC DISTRICT (APN #505-085-010), (HSPB #117 / HD-7)
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 5-0, to:
1. Approve a Mills Act Historic Property Preservation Agreement between the City of
Palm Springs and Dave Eck and the Desert Holly Homeowners Association. A8647
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement with the County of Riverside.
City Council Minutes December 10, 2020
City of Palm Springs Page 8
G. REQUEST BY JAY AND PAMELA JENNER, OWNERS, FOR APPROVAL OF A
MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR
1834 SOUTH BARONA ROAD, A CONTRIBUTING STRUCTURE IN THE
SANDCLIFF HISTORIC DISTRICT (APN #510- 040-027), (HSPB #93 I HD-5)
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 5-0, to:
1. Approve a Mills Act Historic Property Preservation Agreement between the City of
Palm Springs and Jay and Pamela Jenner and the Sandcliff Owners Association. A8648
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement with the County of Riverside.
H. UPDATE REPORT FROM THE PUBLIC ARTS COMMISSION CHAIR
This matter was called up for reconsideration. Please refer to Page 12 of these minutes for
a summary of that action.
I. RESOLUTION SETTING THE REGULAR CITY COUNCIL MEETING
SCHEDULE FOR 2021
This matter was called up for reconsideration. Please refer to Page 13 of these minutes for
a summary of that action.
J. APPROVE THE COOPERATIVE PURCHASE OF VIGILANT SOLUTIONS
INTELLIGENCE-LED POLICING PACKAGE WITH A THREE-CAMERA
MOBILE LICENSE PLATE READER SYSTEM, EXTENDED HARDWARE
WARRANTY, AND HOSTING FEES
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 5-0, to:
1. Approve the cooperative purchase of the Vigilant Solutions Intelligence-Led Policing
Package with a three-camera Mobile License Plate Reader System mounted on a
marked Palm Springs Police Department patrol car for $20,883.61, plus an extended
hardware warranty plan for $6,300 and hosting fees for $6,300, for a total amount not
to exceed $33,483.61.
2. Authorize the City Manager to execute all necessary documents.
City Council Minutes December 10, 2020
City of Palm Springs Page 9
K. AUTHORIZE AN INCREASE TO PURCHASE ORDER NO. 16-0923 IN THE
AMOUNT OF $2,287.50 WITH DAVID VOLZ DESIGN LANDSCAPE
ARCHITECTS, INC., FOR THE WELWOOD MURRAY MEMORIAL LIBRARY
COURTYARD IMPROVEMENTS, CITY PROJECT NO. 16-02
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 5-0, to:
1. Authorize an increase to Purchase Order No. 16-0923 in the amount of $2,287.50 with
the City's "on-call" landscape architect firm, David Volz Design Landscape Architects,
Inc., a California corporation, pursuant to Agreement No. 6786, for the Welwood
Murray Memorial Library Courtyard Improvements, City Project No 16-02. A6786
2. Authorize the City Manager to execute all necessary documents.
L. APPROVAL OF AN ON-CALL PROFESSIONAL AGREEMENT WITH TERRA
NOVA PLANNING & RESEARCH, INC. FOR EXPEDITED ZONING REVIEW
FOR CANNABIS-RELATED USES
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 5-0, to:
1. Approve an Agreement with Terra Nova Planning & Research, Inc., for expedited
cannabis zoning review services for a three (3) year term, in an amount not to exceed
$25,000.00. A8649
2. Authorize the City Manager to execute all necessary documents.
M. APPROVAL OF PAYROLL WARRANTS, CLAIMS, AND DEMANDS
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24831 entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/
DISBURSEMENTS FOR THE PERIOD ENDING 10-31-20 AND 11-14-20 TOTALING
$3,328,579.96 AND ACCOUNTS PAYABLE WARRANTS DATED 10-29-2020 AND
11-12-2020 TOTALING $7,030,420.09, IN THE AGGREGATE AMOUNT OF
$10,359,000.05, DRAWN ON BANK OF AMERICA."
N. RESOLUTION AMENDING FEES FOR DOG LICENSING
This matter was called up for reconsideration. Please refer to Page 13 of these minutes for
a summary of that action.
City Council Minutes December 10, 2020
City of Palm Springs Page 10
O. REJECT ALL BIDS RECEIVED FOR IFB NO. 20-01 ROADSIDE AND
TRANSIENT MAINTENANCE SERVICE, AUTHORIZE STAFF TO RE-BID
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 5-0, to:
1. Reject the bids received on October 27, 2020, for Roadside and Transient Maintenance
services, IFB No. 20-01.
2. Authorize staff to re-bid the Roadside and Transient Maintenance services with a
reduced scope of work.
P. REQUEST BY FUMIKO DOCKER OF PENCIL BOX ARCHITECTS, INC., ON
BEHALF OF THE 420 LOUNGE, LLC (DBA COOKIES), FOR A MINOR
ARCHITECTURAL APPLICATION TO APPLY A NEW COAT OF 'COOKIES
BLUE' PAINT TO EXTERIOR BUILDING COLUMNS AND A WALL IN
ADDITION TO ALTERING THE FRONTAGE OF AN EXISTING
COMMERCIAL BUILDING FOR ADA COMPLIANCE AT A NEW CANNABIS
DISPENSARY FACILITY LOCATED AT 777 NORTH PALM CANYON DRIVE
(APN 505-283-008), ZONE C-1, SECTION 10, (CASE 3.229 MAA)
This matter was called up for reconsideration. Please refer to Page 21 of these minutes for
a summary of that action.
Q. AUTHORIZE AN INCREASE TO PURCHASE ORDER NO. 20-0659 IN THE
AMOUNT OF $317,990 ISSUED TO WILLDAN ENGINEERING, A CALIFORNIA
CORPORATION, PURSUANT TO ON-CALL AGREEMENT (A6688) FOR
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES AND
APPROVE AMENDMENT NO. 2 IN THE AMOUNT OF $240,294 TO
PROFESSIONAL SERVICES AGREEMENT (A7071) WITH RIOS CLEMENTI
HALE STUDIOS, A CALIFORNIA CORPORATION, ASSOCIATED WITH THE
DOWNTOWN PARK, CITY PROJECT NO. 15-07
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 5-0, to:
1. Authorize an increase in the amount of $317,990 to Purchase Order No. 20-0659 for
Construction Management and Inspection Services with Willdan Engineering, a
California corporation. A6688
2. Approve Amendment No. 2 to Professional Services Agreement No. 7071 in the amount
of $240,294 with Rios Clementi Hale Studios, a California corporation. A7071
3. Authorize the City Manager to execute all necessary documents.
City Council Minutes December 10, 2020
City of Palm Springs Page 11
R. SUCCESSOR AGENCY: APPROVAL AND TRANSMITTAL OF RECOGNIZED
OBLIGATIONS PAYMENT SCHEDULE (ROPS 21-22A AND 21-22B) FOR THE
PERIOD OF JULY 1, 2021 THROUGH JUNE 30, 2022, PURSUANT TO
SECTION 34169(G)(1) OF CALIFORNIA HEALTH & SAFETY CODE
MOTION BY AGENCY MEMBER GARNER, SECOND BY VICE CHAIR MIDDLETON,
CARRIED 5-0, to adopt Resolution No. 24833 entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS
CAPACITY AS SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY
REDEVELOPMENT AGENCY APPROVING THE RECOGNIZED OBLIGATION
PAYMENT SCHEDULE (ROPS 21-22 A&B) AND AN ADMINISTRATIVE EXPENSE
BUDGET FOR THE PERIOD OF JULY 1, 2021 THROUGH JUNE 30, 2022, PURSUANT
TO THE CALIFORNIA HEALTH & SAFETY CODE."
S. APPROVE AN AMENDMENT TO CONTRACT SERVICES AGREEMENT
NO. 7139 (A7139) WITH CONSERVE LANDCARE, INC., FOR LANDSCAPE AND
GROUNDS MAINTENANCE SERVICES
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 5-0, to:
1. Approve Amendment No. 2 to Contract Services Agreement No. 7139 with Conserve
LandCare, Inc., in the amount of $372,837, for a total annual contract amount of
$765,811. A7139
2. Authorize the City Manager to execute all necessary documents.
T. CITY OF PALM SPRINGS DEVELOPMENT PROJECT FEE REPORT FOR
FISCAL YEAR 2019-20
This item was deleted from the agenda at the request of staff.
U. AWARD A CONTRACT TO AMERICAN COOLING TOWER, INC., A
CALIFORNIA CORPORATION, IN THE AMOUNT OF $249,969 FOR THE CITY
HALL AND POLICE DEPARTMENT COOLING TOWER REPLACEMENTS,
CITY PROJECT NO. 20-22
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 5-0, to:
1. Award a contract to American Cooling Tower, Inc., a California corporation, in the
amount of $249,969 for the City Hall and Police Department Cooling Tower
Replacements, City Project No. 20-22. A8650
2. Authorize the City Manager to execute all necessary documents.
City Council Minutes December 10, 2020
City of Palm Springs Page 12
V. FIRE DEPARTMENT HANDHELD, VEHICLE MOUNTED AND FIRE STATION
RADIO REPLACEMENT
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 5-0, to:
1. In accordance with Palm Springs Municipal Code Section 7.04.030, "Special Expertise
Procurement," and Section 7.09.010 "Cooperative Purchasing Programs," approve a
cooperative purchase from Airwave Communications Enterprises of fifty-six handheld
radios, ten vehicle mounted radios and five vehicle mounted mobile repeaters, six
vehicle mounted air band radios, five fire station radio packages using the National
Association of State Procurement Officials Cooperative Purchasing Program
WSCANASPO Contract No. 06913, inclusive of installation, in the total amount of
$397,752. A8651
2. Authorize the City Manager to execute all necessary documents.
W. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH
SCI CONSULTING GROUP, A CALIFORIA CORPORATION, FOR A
CANNABIS EQUITY ASSESSMENT
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 5-0, to:
1. Approve a Professional Services Agreement with SCI Consulting Group, a California
Corporation, in the amount of $40,000 to conduct a cannabis equity assessment. A8652
2. Authorize the City Manager to execute all necessary documents.
EXCLUDED CONSENT CALENDAR:
H. UPDATE REPORT FROM THE PUBLIC ARTS COMMISSION CHAIR
Councilmember Garner commended the Public Arts Commission for their work and
encouraged residents to review the report and learn more about recent art projects.
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to receive and file a report on the Public Arts Commission
Programs during COVID-19.
City Council Minutes December 10, 2020
City of Palm Springs Page 13
I. RESOLUTION SETTING THE REGULAR CITY COUNCIL MEETING
SCHEDULE FOR 2021
Mayor Pro Tem Middleton noted that a revised meeting schedule was provided to City
Council; expressed gratitude to staff for accommodating a meeting date change due in
recognition of the end of Ramadan.
MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Resolution No. 24830 entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING THE CITY COUNCIL REGULAR MEETING PLACE, DAYS, AND
TIME AND RESCINDING RESOLUTION NO. 24790.”
N. RESOLUTION AMENDING FEES FOR DOG LICENSING
Following discussion, MOTION BY COUNCILMEMBER KORS, SECOND BY
MAYOR PRO TEM MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24832
entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, REVISING DOG LICENSING FEES, AND ASSOCIATED
CHARGES," with the following modifications:
a. Low-income residents shall be eligible for a reduced cost dog license.
b. The dog license fees shall become effective on July 1, 2021.
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/MULTI 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
Mayor Holstege noted that the City Council opened and closed the Public Hearing on
November 12, 2020 and continued the matter to tonight’s meeting.
Assistant Director of Planning Services Newell narrated a PowerPoint presentation and
responded to City Council inquiries.
Councilmember Woods reported that Councilmember Garner and himself met with the
applicant and reviewed the results of their meeting. In response to City Council inquiry,
Councilmember Garner noted that the applicant is amenable and committed to complying
with the proposed Conditions of Approval.
City Council Minutes December 10, 2020
City of Palm Springs Page 14
Councilmember Garner stated that she cannot support the proposed project, noting that the
area needs a Specific Plan, more economic development investment, and a bona fide
grocery store; opined that the project does not qualify under the Food Desert Overlay and
voiced concern regarding high food prices.
Councilmember Woods spoke on the need for a grocery store in the area; pointed out that
the applicant will need to set prices to ensure fresh foods are sold; voiced support for
approving the project.
Councilmember Kors opined if the project is successful it will attract other businesses to
the area; stressed the importance of conducting an annual compliance review. City
Manager Ready advised that the Planning Department will formalize an annual review of
Tower Market.
In response to City Council inquiry, City Attorney Ballinger confirmed that the City
Council may add a Condition of Approval that the applicant will exercise best efforts to
hire locally.
Mayor Holstege noted that the area has lacked economic development; opined that the
Food Desert Overlay is insufficient to attract a full grocery store; agreed that the project
meets the criteria established under the Food Desert Overlay as noted in the staff report.
MOTION BY MAYOR HOLSTEGE, SECOND BY COUNCILMEMBER KORS,
CARRIED 4-1 (COUNCILMEMBER GARNER VOTING NO), to adopt Resolution
No. 24834 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING AN AMENDMENT TO THE
COLLEGE PARK SPECIFIC PLAN TO CHANGE THE LAND USE DESIGNATION
TO MIXED USE/MULTI-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,” with the following
modifications as noted by underlining and/or strikethrough:
• Condition of Approval No. CC 8 shall read as follows, “The merchandise display areas
shall consist of the following:
a. A minimum of 15% shall be devoted to and stocked with perishable groceries
(meats, dairy and produce);
b. A minimum of 30% shall be devoted to and stocked with other staple foods, which
are defined as dry groceries (including bread, pasta, rice, dried beans, cereal, flour,
nuts, health/protein bars, etc.), canned food products, frozen fruits and produce, and
frozen meats; and
c. A maximum of 20% may be devoted to alcohol (beer, wine and liquor)…”
• Condition of Approval No. CC 13(e) shall read as follows, “Change bike racks from
ribbon design to hitch bike rack or another more secure bicycle system.”
• Condition of Approval No. CC 14 shall read as follows, “The applicant shall exercise
best efforts to hire local residents.”
City Council Minutes December 10, 2020
City of Palm Springs Page 15
B. DESERT AIDS PROJECT IN PARTNERSHIP WITH THE COACHELLA VALLEY
HOUSING COALITION, FOR AN AMENDMENT TO A PLANNED
DEVELOPMENT DISTRICT; A GENERAL PLAN AMENDMENT TO CHANGE
THE LAND USE DESIGNATION FROM P/QP AND MDR TO MIXED USE/MULTI-
USE; A DEVELOPMENT AGREEMENT; ADOPTION OF A MITIGATED
NEGATIVE DECLARATION PER CEQA; AND A MAJOR ARCHITECTURAL
APPLICATION FOR THE ADDITION OF 18,000-SQUARE FEET OF MEDICAL
OFFICE SPACE AND THE CONSTRUCTION OF A SIXTY-ONE (61) UNIT
SPECIAL NEEDS HOUSING COMPLEX LOCATED AT 1695 NORTH SUNRISE
WAY, ZONE P/R2, SECTION 11. (CASE NOS. 5.0934 POD 281 & 3.1047 MAJ)
Assistant Director of Planning Services Newell narrated a PowerPoint presentation and
responded to City Council inquiries.
In response to City Council inquiry, Assistant City Manager Fuller summarized the
challenges associated with the installation of a traffic signal within close proximity of the
existing traffic signal; concurred with the need to installing barriers within the median to
discourage jaywalking; advised staff will evaluate the feasibility of installing a median
extension to accommodate a pedestrian refuge; stated that staff will ensure there is good
street visibility for vehicles exiting the site; summarized the City imposed and third-party
fees being waived as an incentive for affordable housing projects.
Mayor Holstege opened the Public Hearing.
David Brinkman, Applicant, CEO, Desert Aids Project, presented a brief history of the
organization and benefits of the proposed project; noted that the project is needed to help
meet the growing needs of patients.
Maryann Ybarra, Applicant, Director of Multi-family Housing, Coachella Valley Housing
Coalition, reported on the rental prices and programs and services available to future residents.
Greg Rodriguez, voiced support for the proposed project, commending the applicants for
their collaboration and setting an example for future projects.
Susan Smith, spoke in opposition to the project, citing concerns with the proposed density,
lack of parking, and heights of the proposed structures; questioned whether the project will
be a health care facility.
David Brinkman, pointed out that the project is not an in-home health care facility.
There being no others desiring to speak, Mayor Holstege closed the Public Hearing.
In response to City Council inquiry, Mr. Brinkman and Ms. Ybarra addressed the timeline
for applying for tax credits and initiating and completing construction of the project, noting
that completion is anticipated for June 2023.
In response to City Council inquiry, Nicole Criste, Terra Nova Planning and Research,
discussed the traffic analysis and parking requirements for the site, noting that project will
not generate a high parking demand.
City Council Minutes December 10, 2020
City of Palm Springs Page 16
Councilmember Woods recommended the addition of a Condition of Approval requiring
the development of a robust bicycle parking program.
Mayor Pro Tem Middleton suggested that if a traffic signal with a controlled crosswalk is
infeasible, that barriers be installed on the median to prevent pedestrians being able to
jaywalk.
Councilmember Garner spoke on potential options if nearby neighborhoods are impacted
by parking.
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 5-0, to:
1. Adopt Resolution No. 24835 entitled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, CERTIFYING A MITIGATED
NEGATIVE DECLARATION (MND) FOR A PROPOSED GENERAL PLAN
AMENDMENT, A PLANNED DEVELOPMENT DISTRICT IN LIEU OF A CHANGE
OF ZONE, AND A MAJOR ARCHITECTURAL APPLICATION FOR A BUILDING
EXPANSION AT THE DESERT AIDS PROJECT CAMPUS AND SIXTY-ONE (61)
UNITS OF SPECIAL HOUSING LOCATED AT 1695 NORTH SUNRISE WAY."
2. Adopt Resolution No. 24836 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN
AMENDMENT TO THE 2007 PALM SPRINGS GENERAL PLAN ADOPTED BY
RESOLUTION NO. 22077, MODIFYING THE LAND USE DESIGNATION FROM
MEDIUM DENSITY RESIDENTIAL (MDR) AND PUBLIC/QUASI PUBLIC
(P/QP) TO MIXED USE/MULTI-USE (MU) AT THE DESERT AIDS PROJECT
CAMPUS LOCATED AT 1695 NORTH SUNRISE WAY."
3. Adopt Resolution No. 24837 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MAJOR
ARCHITECTURAL APPLICATION FOR AN 18,000-SQUARE FOOT MEDICAL
OFFICE ADDITION AND CONSTRUCTION OF A SIXTY-ONE (61) UNIT
SPECIAL NEEDS HOUSING BUILDING INCLUDING LANDSCAPE REVISIONS
LOCATED AT 1695 NORTH SUNRISE WAY."
4. Introduce Ordinance No. 2036 entitled, "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE EXPANSION
OF PLANNED DEVELOPMENT DISTRICT (PD-281) IN LIEU OF A CHANGE
ZONE FOR THE 13.2-ACRE DESERT AIDS PROJECT CAMPUS INCLUDING
DEVELOPMENT STANDARDS FOR A DECREASED BUILDING SETBACK AND
INCREASE BUILDING HEIGHT LOCATED AT 1695 NORTH SUNRISE WAY."
(City Council action continued on the next page)
City Council Minutes December 10, 2020
City of Palm Springs Page 17
5. Introduce Ordinance No. 2037 entitled, "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND
THE COACHELLA VALLEY HOUSING COALITION FOR THE DEVELOPMENT
OF VISTA SUNRISE II SIXTY-ONE (61) UNIT APARTMENT BUILDING
ALLOWING ENTITLEMENTS FOR FIVE (5) YEARS AND EXEMPTION OF FEES
FOR THE PROJECT LOCATED AT 1695 NORTH SUNRISE WAY."
6. Amend the Fiscal Year 2020/2021 Budget to appropriate $200,000 from unrestricted
General Fund balance for the Vista Sunrise II affordable housing project participation
in the "Affordable and Multi-Family Housing Incentive Program" pursuant to
Resolution No. 24654.
City Clerk Mejia read the ordinances by title.
MEETING RECESS
The City Council recessed at 8:45 p.m. and reconvened at 9:00 p.m., with all members present.
MOTION TO RECONSIDER
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER KORS,
CARRIED 5-0, to reconsider Item No. 1P for discussion as the last item on tonight’s agenda.
C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE
APPROVAL/AGREEMENT WITH HUD, GRANT# B-19-MC-06-0561 IN THE
AMOUNT OF $584,613; APPROVING A SUBSTANTIAL AMENDMENT TO THE
2020-2025 CONSOLIDATED PLAN AND 2020-2021 ANNUAL ACTION PLAN TO
INCREASE THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
BUDGET BY $584,613; AUTHORIZING SUBMITTAL OF THE SUBSTANTIAL
AMENDMENT TO THE UNITED STATES DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT, AND AUTHORIZE THE CITY MANAGER TO
EXECUTE THE SUBRECIPIENT AGREEMENTS
Mayor Pro Tem Middleton announced her recusal, noting that she serves on the Desert
Board of Directors for the LGBTQ Center. City Attorney Ballinger noted that the LGBTQ
Center of the Desert is returning their grant and that Mayor Pro Tem Middleton may
participate in the matter.
Community and Economic Development Director Virata presented the staff report and
responded to City Council inquiries.
Mayor Holstege opened the Public Hearing.
Maribel Nunez, voiced support for utilizing the funds for a rental assistance program,
urging that undocumented individuals be eligible for such assistance; spoke on limiting
any administrative costs to maximize the amount of funding available for the program.
City Council Minutes December 10, 2020
City of Palm Springs Page 18
There being no others desiring to speak, Mayor Holstege closed the Public Hearing.
Director Virata stated he will determine whether the funding can be used to assist
undocumented individuals.
Councilmember Kors and Mayor Holstege spoke on the importance of limiting any
administrative fees and requested that staff return to City Council on the costs if a
third-party administrator is used.
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR HOLSTEGE,
CARRIED 5-0, to adopt Resolution No. 24838 entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE
CITY MANAGER TO EXECUTE THE APPROVAL/AGREEMENT WITH HUD,
GRANT# B-19-MC-06-0561 IN THE AMOUNT OF $584,613; APPROVING A
SUBSTANTIAL AMENDMENT TO THE 2020-2025 CONSOLIDATED PLAN AND
2020-2021 ANNUAL ACTION PLAN TO INCREASE THE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) BUDGET BY $584,613; AUTHORIZING
SUBMITTAL OF THE SUBSTANTIAL AMENDMENT TO THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND AUTHORIZE
THE CITY MANAGER TO EXECUTE THE SUBRECIPIENT AGREEMENTS."
3. LEGISLATIVE:
A. INTRODUCTION OF AN ORDINANCE TO ADD CHAPTER 8.105 TO THE
PALM SPRINGS MUNICIPAL CODE RELATING TO AN EXPEDITED,
STREAMLINED PERMITTING PROCESS FOR ELECTRIC VEHICLE
CHARGING STATIONS AND AMEND SECTION 93.06.00 OF THE PALM
SPRINGS ZONING CODE RELATING TO PARKING REQUIREMENTS FOR
ELECTRIC VEHICLE CHARGING SPACES AND STATIONS
Sustainability Manager Tallarico presented the staff report and responded to City Council
inquires.
MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to introduce Ordinance No. 2038 entitled, "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA,
ADDING CHAPTER 8.105 "ELECTRIC VEHICLE CHARGING STATION
STREAMLINED PERMITTING PROCESS," TO TITLE 8 "BUILDINGS AND
CONSTRUCTION," OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO
AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR ELECTRIC
VEHICLE CHARGING STATIONS AND AMENDING SECTION 93.06.00 OF THE
PALM SPRINGS ZONING CODE RELATING TO PARKING REQUIREMENTS FOR
ELECTRIC VEHICLE CHARGING SPACES AND STATIONS."
City Clerk Mejia read the ordinance by title.
4. UNFINISHED BUSINESS: None.
City Council Minutes December 10, 2020
City of Palm Springs Page 19
5. NEW BUSINESS:
A. AUTHORIZE THE LEASE-PURCHASE OF TWO (2) NEW FIRE ATTACK
ENGINES WITH CAPITAL ONE PUBLIC FUNDING AT A TOTAL FINANCED
COST NOT TO EXCEED $1,000,000; AND AUTHORIZE PURCHASE OF FOUR
(4) NEW VEHICLES FOR THE AIRPORT AT A COST NOT TO EXCEED
$160,000
Assistant City Manager Fuller presented the staff report.
Councilmember Kors noted that other cities have begun purchasing electric Police
Department patrol vehicles and requested that staff evaluate the feasibility of implementing
a similar program in the future.
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Authorize an expenditure not to exceed $1,160,000 to purchase two (2) new Fire Attack
Engines and four (4) vehicles for the Airport, inclusive of outfitting and equipment
costs, with an allowance for new model year, increased costs due to pricing changes
imposed by car manufacturers at the time of purchase.
2. In accordance with Section 7.09.010 "Cooperative Purchasing Programs" of the Palm
Springs Municipal Code, authorize the issuance of Purchase Orders with 72 Hour, LLC,
dba National Auto Fleet Group pursuant to Cooperative Purchasing Contract
120716-NAF for new fleet vehicles.
3. In accordance with Section 7.09.010 "Cooperative Purchasing Programs" of the Palm
Springs Municipal Code, authorize the issuance of Purchase Orders with Boise Mobile
Equipment through a Cooperative Purchasing Agreement with the State of California -
Department of General Services (Contract Number 1-1-23-21 B) for the new Type 3
Fire Apparatus (Fire Attack Engines).
4. Authorize the City Manager to execute the Capital One Public Funding term sheet,
accepting the interest rate and other terms and conditions of their offer to finance the
acquisition of two new Type 3 Fire Apparatus (Fire Attack Engines) at an initial cost
of $867,145 for a term of 10 years at an interest rate of 1.69%.
5. Authorize preparation of financial documents relating to the financing of the Type 3
Fire Apparatus (Fire Attack Engines), and schedule for City Council approval on
January 14, 2021.
6. After delivery of new vehicles, declare existing vehicles being replaced as surplus
vehicles and authorize the City Manager, or designee, to sell at public auction in
accordance with Chapter 7.07 of the Palm Springs Municipal Code.
7. Authorize the City Manager to execute all necessary documents.
City Council Minutes December 10, 2020
City of Palm Springs Page 20
B. APPROVAL OF AMENDMENT NO. 1 TO THE FISCAL YEAR 2020-2021
ALLOCATED POSITIONS AND COMPENSATION PLAN ADDING ONE FIRE
MARSHAL
City Manager Ready and Fire Chief Nalder presented the staff report and responded to City
Council inquiries.
Mayor Pro Tem Middleton requested that staff begin notifying impacted neighborhood
organizations that new wildfire interface inspections are required by the State.
City Manager Ready noted that staff will return to City Council to address the inspection
fee, noting that he recommended that no inspection fee be charged during the first year.
MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Adopt Resolution No. 24839 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT
NO. 1 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR
FISCAL YEAR 2020-2021, ADOPTED BY RESOLUTION NO. 24434."
2. Authorize the City Manager to execute all documents necessary to effectuate this action.
C. REQUEST STATE OF CALIFORNIA BUSINESS, CONSUMER SERVICES, AND
HOUSING AGENCY AMEND THE BUDGET FOR THE CITY OF PALM
SPRINGS HOMELESS HOUSING, ASSISTANCE AND PREVENTION
PROGRAM GRANT
This item was deleted from the agenda at the request of staff.
D. RESOLUTION APPOINTING DAVID H. READY AS INTERIM CITY MANAGER
AND APPROVING EMPLOYMENT AGREEMENT
City Attorney Ballinger presented the staff report. In response to City Council inquiry, Mr.
Ballinger confirmed that the interim City Manager salary must be the same amount as the
pre-retirement rate, regardless of who is selected for the interim position.
Mayor Pro Tem Middleton provided an update on the recruitment process and encouraged
residents to send their questions for the next City Manager through the City website.
City Council Minutes December 10, 2020
City of Palm Springs Page 21
MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Adopt Resolution No. 24840 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA APPOINTING DAVID H.
READY AS CITY MANAGER ON AN INTERIM BASIS AND APPROVING
EMPLOYMENT CONTRACT," and appointing David H. Ready as City Manager on
an interim basis pursuant to Government Code Sections 7522.56 and 21221(h).
2. Approve an Employment Agreement for the position of Interim City Manager between
the City of Palm Springs and David H. Ready, subject to any non-substantive changes
made by the City Attorney. A8653
E. APPOINTMENTS TO CITY COUNCIL SUBCOMMITTEES, LIAISONS, AND
REPRESENTATIVES TO EXTERNAL ORGANIZATIONS
Mayor Holstege and Councilmember Kors presented their subcommittee report and
recommendations.
Discussion ensued relative to the scheduling of study sessions. City Manager Ready
recommended that the City Council could schedule one study session per month or
included within its regular meetings.
The City Council reviewed and selected preliminary appointments and directed staff to
agendize the matter for the next City Council meeting for confirmation of the proposed
appointments.
CONSENT CALENDAR ITEM NO. 1P, CALLED UP FOR RECONSIDERATION:
P. REQUEST BY FUMIKO DOCKER OF PENCIL BOX ARCHITECTS, INC., ON
BEHALF OF THE 420 LOUNGE, LLC (DBA COOKIES), FOR A MINOR
ARCHITECTURAL APPLICATION TO APPLY A NEW COAT OF 'COOKIES
BLUE' PAINT TO EXTERIOR BUILDING COLUMNS AND A WALL IN
ADDITION TO ALTERING THE FRONTAGE OF AN EXISTING
COMMERCIAL BUILDING FOR ADA COMPLIANCE AT A NEW CANNABIS
DISPENSARY FACILITY LOCATED AT 777 NORTH PALM CANYON DRIVE
(APN 505-283-008), ZONE C-1, SECTION 10, (CASE 3.229 MAA)
Councilmembers Kors and Woods expressed concern regarding the use of opaque
storefront windows for cannabis-related businesses, especially along Palm Canyon Drive.
Councilmember Garner voiced concern regarding the use of bright colors and the term
“cookie” in the business name, citing that it may attract children.
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 4-1 (MAYOR HOLSTEGE VOTING NO), to refer the matter to
the Architectural Advisory Committee with direction to address the building’s exterior
windows and lighting.
City Council Minutes December 10, 2020
City of Palm Springs Page 22
PUBLIC COMMENT ON NON-AGENDA ITEMS:
Sara Glenn, voiced opposition to the placement of the Forever Marilyn sculpture near the Palm
Springs Art Museum, citing concerns that it represents misogyny and exploits women.
Peter Bray, spoke in opposition to the Forever Marilyn sculpture installation, citing a decrease in
tourism revenue when it was previously located in Palm Springs.
David Feltman, urged City Council to stand by its decisions to allow the installation of the Forever
Marilyn statue.
Steven Maloney, Chair of the Palm Springs Art Museum Board of Trustees, spoke in opposition
to the City’s decision to close Museum Way and install the Forever Marilyn statue in front of the
museum.
Sidney Williams, spoke in opposition to City Council’s decision to place the Forever Marilyn
statue in front of the Palm Springs Art Museum; stated it is essential that the view to the museum
be unobstructed by the statue and expressed concerns the museum was not consulted on the
placement of the statue.
Mara Gladstone, Member of the Public Arts Commission, expressed concerns the Commission
was not consulted on the placement of the Forever Marilyn statue; opposed the placement of the
statue in front of the Palm Springs Art Museum and encouraged Council to form a working group
to find a permanent home for the statue.
Trina Turk, opposed the placement of the Forever Marilyn statue in front of the Palm Springs Art
Museum.
Steve Nash, Director Emeritus of the Palm Springs Art Museum, spoke in opposition to the
placement of the Forever Marilyn statue in front of the museum.
Lauren Wolfer, spoke in opposition to placement of the Forever Marilyn statue in front of the Palm
Springs Art Museum; alleged Sherriff Bianco has neglected his duties to keep the public safe by
refusing to enforce public health orders and mask mandates.
Bruce Hoban, spoke in support of City Council’s decision to place the Forever Marilyn on Museum
Way.
Mark Davis, spoke in opposition to the placement of the Forever Marilyn statue, opining the statue
would damage the City’s cultural heritage.
Jack Lugo, urged City Council to open the basketball courts at Ruth Hardy Park.
For clarification, City Attorney Ballinger reported that consideration of the Forever Marilyn statue
was properly agendized and available for public comment.
City Council Minutes December 10, 2020
City of Palm Springs Page 23
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS (CONTINUED):
Councilmember Garner noted the “Santa and Cocoa” event has been cancelled and suggested staff
consider opening the basketball courts at Ruth Hardy Park and/or be consistent with all City parks.
Mayor Pro Tem Middleton and Councilmember Kors requested that staff agendize consideration
of issuing a statement on the importance of even-handed enforcement of lawful orders across
jurisdictions.
Councilmember Woods spoke on the need for a policy to address the use of the City seal and the
use of custom logos for Boards, Commissions, and City Departments.
Mayor Holstege recommended that the City Council schedule a Strategic Priorities Planning
Session with the community and the new City Manager in February or March 2021.
ADJOURNMENT:
The City Council adjourned at 11:19 p.m.
Respectfully submitted,
Anthony J. Mejia, MMC
City Clerk
APPROVED BY CITY COUNCIL: 02/11/2021