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CITY COUNCIL
FINANCING AUTHORITY

AND AS SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS

CITY OF PALM SPRINGS, CALIFORNIA

www.palmspringsca.gov
 
AMENDED REGULAR MEETING AGENDA
(The updates are highlighted in red text.)
3:00 PM CLOSED SESSION
5:30 PM REGULAR SESSION

 
Pursuant to Executive Order N-29-20, this meeting may be conducted by teleconference and there will be no in-person public access to the meeting location.
  • Submit your public comment to the City Council electronically. Material may be emailed to cityclerk@palmspringsca.gov. Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the City Council and retained for the official record.
  • You may provide telephonic comments by calling the City Clerk's Office at (760) 323-8204 by no later than 5:00 p.m. to be added to the public comment queue. At the appropriate time, a staff member will call you so that you may provide your public testimony to the City Council.
  • View the City Council meeting live at the City’s website www.palmspringsca.gov/pstv, YouTube, or Channel 17 (Spectrum).
            
           November 12, 2020          
 
           
3:00 PM CLOSED SESSION
5:30 PM REGULAR MEETING

Geoff Kors, Mayor
Christy Gilbert Holstege, Mayor Pro Tem
Grace Elena Garner, Councilmember
Lisa Middleton, Councilmember
Dennis Woods, Councilmember


 

City of Palm Springs Mission Statement: Palm Springs is an inclusive world-class city dedicated to providing excellent and responsive public services to enhance the quality of life for current and future generations.
 


David H. Ready, Esq., Ph.D., City Manager
Anthony J. Mejia, MMC, City Clerk
Marcus Fuller, MPA, P.E., P.L.S., Assistant City Manager 
Jeffrey S. Ballinger, City Attorney

Nancy Pauley, Director of Finance and Treasurer
 
             
AGENDA EN ESPAÑOL DISPONIBLE EL SÁBADO - HAGA CLIC AQUÍ   Click to View
 
   
3:00 P.M. CLOSED SESSION
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CALL TO ORDER:
 
PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY: The City Council welcomes public input. Pursuant to State Law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). If you are compensated to communicate with City officials, you may be required to register and/or make certain disclosures as a lobbyist, please see the City Clerk for additional information.
 
RECESS TO CLOSED SESSION: See Closed Session Agenda.
 
 
5:30 P.M. REGULAR MEETING
 
CALL TO ORDER:
 
PLEDGE OF ALLEGIANCE:
 
ROLL CALL:
 
PRESENTATIONS:
 
ACCEPTANCE OF THE AGENDA:  The City Council will discuss the order of the agenda, may amend the order, add urgency items, note abstentions or "no" votes on Consent Calendar items, and request Consent Calendar items be removed from the Consent Calendar for discussion. The City Council may also remove items from the Consent Calendar prior to that portion of the Agenda.
 
REPORT OF CLOSED SESSION:
 
PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY)
This time has been set aside for members of the public to address the City Council only on agenda items. Two (2) minutes will be assigned to each speaker. Testimony for Public Hearings will only be taken at the time of the hearing, and General Public Comments, non-agenda items, will be taken later in the meeting.
 
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS: This time is set aside for the City Council to provide additional general comments, reports, and announcements. Additionally, this time is set aside for the City Manager to update the City Council on important items initiated by staff or previously requested by the City Council.
 
1.   CONSENT CALENDAR:
The following routine matters may be acted upon by one motion. Individual items may be removed by the Council for separate discussion at this time or under Acceptance of the Agenda. The ordinance title is deemed to be read in its entirety and further reading waived on any ordinance listed on the Consent Calendar.
 
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
RECOMMENDATION:
  1. Adopt a Resolution 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.
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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
RECOMMENDATION:
  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.
  2. Authorize the City Manager to execute all necessary documents.
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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
RECOMMENDATION:

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 No's. 19-13, 20-30 and 20-31.
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D.   ACCEPTANCE OF THE WELWOOD COURTYARD IMPROVEMENT PROJECT, CITY PROJECT NO. 16-02
RECOMMENDATION:
  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.
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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)
RECOMMENDATION:

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).
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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
RECOMMENDATION:

Waive the second reading of the ordinance text in its entirety and read by title only; and 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."
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G.   SECOND AMENDMENT TO THE AIRPORT USE AND LEASE AGREEMENT FOR COMMERCIAL AIRLINE TENANTS AT PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:
  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.
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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
RECOMMENDATION:
  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.
  2. Authorize the City Manager to execute all necessary documents.
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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)
RECOMMENDATION:
  1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Heidi Creighton.
  2. Authorize the City Manager to execute the Agreement.
  3. Direct the City Clerk to record the Agreement with the County of Riverside.
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J.   ACCEPTANCE OF THE FIRE SPRINKLER AND FIRE ALARM SYSTEM UPGRADE PROJECT AT THE WASTEWATER TREATMENT PLANT, CITY PROJECT NO. 20-14
RECOMMENDATION:
  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.
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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)
RECOMMENDATION:
  1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Jon R. Roberts. 
  2. Authorize the City Manager to execute the Agreement.
  3. Direct the City Clerk to record the Agreement with the County of Riverside.
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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)
RECOMMENDATION:
  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.
  2. Authorize the City Manager to execute the Agreement.
  3. Direct the City Clerk to record the Agreement with the County of Riverside.
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M.   APPROVAL OF ALL WAY STOP INTERSECTIONS AT VARIOUS LOCATIONS WITHIN THE CITY OF PALM SPRINGS
RECOMMENDATION:
  1. Adopt a Resolution 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.
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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)
RECOMMENDATION:
  1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Gregory Mangum and Dennis Torres and the Merito Manor Homeowners Association.
  2. Authorize the City Manager to execute the Agreement.
  3. Direct the City Clerk to record the Agreement with the County of Riverside.
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O.   APPROVAL OF MEMORANDUM OF UNDERSTANDING FOR THE COACHELLA VALLEY SALT AND NUTRIENT MANAGEMENT PLAN
RECOMMENDATION:
  1. Approve the Memorandum of Understanding Regarding Collaboration on the Coachella Valley Salt and Nutrient Management Plan.
  2. Authorize the City Manager to execute all necessary documents.
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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
RECOMMENDATION:
  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. 
  2. Authorize the City Manager to execute all necessary documents.
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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
RECOMMENDATION:
  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.
  2. Authorize the City Manager to execute all necessary documents.
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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)
RECOMMENDATION:

That the City Council approve the project as proposed.
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S.   APPROVAL OF PAYROLL WARRANTS, CLAIMS, AND DEMANDS
RECOMMENDATION:

Adopt a Resolution 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."
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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)
RECOMMENDATION:
  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.
  2. Authorize the City Manager to execute the Agreement.
  3. Direct the City Clerk to record the Agreement with the County of Riverside.
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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)
RECOMMENDATION:
  1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Carlos Castano and the Desert Holly Homeowners Association.
  2. Authorize the City Manager to execute the Agreement.
  3. Direct the City Clerk to record the Agreement with the County of Riverside.
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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)
RECOMMENDATION:
  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.
  2. Authorize the City Manager to execute the Agreement.
  3. Direct the City Clerk to record the Agreement.
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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
RECOMMENDATION:

Adopt a Resolution 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."
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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
RECOMMENDATION:

Adopt a Resolution 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".
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Y.   ACCEPT A RESIGNATION FROM THE HUMAN RIGHTS COMMISSION
RECOMMENDATION:

Accept with regret the resignation of Peter Augustus Owen from the Human Rights Commission.
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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
RECOMMENDATION:

Adopt a Resolution 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)"
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AA.   APPROVAL OF AN AMENDMENT OF THE CITY OF PALM SPRINGS CANNABIS SOCIAL EQUITY PROGRAM
RECOMMENDATION:

Adopt a Resolution 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."
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BB.   CONSIDERATION AND APPROVAL OF AMENDMENT NO. 4 TO DESTINATION PALM SPRINGS AGREEMENT-PS RESORTS
RECOMMENDATION:
  1. Approve Amendment No. 4 to the Destination Palm Springs Agreement with PS Resorts (A6187).
  2. Authorize the City Manager to execute the amendment.
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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.
RECOMMENDATION:
  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.
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EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.
 
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/MUL Tl 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
RECOMMENDATION:
  1. Open the hearing and receive testimony.
  2. Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING ON APPEAL FROM THE PLANNING COMMISSION 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." Or, as an alternative:
  3. Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING ON APPEAL FROM THE PLANNING COMMISSION 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."
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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
RECOMMENDATION:
  1. Open the public hearing and receive public testimony.
  2. Close the public hearing and adopt a Resolution 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)."
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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
RECOMMENDATION:
  1. Open the public hearing to accept public testimony on the proposed formation of the Community Facilities District No. 2020-1 (Canyon View) of the City of Palm Springs and consider and finally determine whether the public interest, convenience, and necessity require the formation of the Community Facilities District No. 2020-1 (Canyon View) of the City of Palm Springs and the levy of said special tax therein.
  2. Adopt a Resolution 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."
  3. Adopt Resolution a 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."
  4. Adopt a Resolution 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."
  5. Conduct special election of voters within Community Facilities District No 2020-1 (Canyon View) and canvass election results.
  6. Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING 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."
  7. Waive the first reading of the ordinance text in its entirety, read by title only, and introduce on first reading an Ordinance 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."
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3.   LEGISLATIVE: NONE
 
4.   UNFINISHED BUSINESS:

THE CITY COUNCIL WILL CONTINUE AS A JOINT MEETING OF THE CITY COUNCIL WITH THE CITY OF PALM SPRINGS FINANCING AUTHORITY.
 
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
         CITY COUNCIL RECOMMENDATION:
  1. Acting as the City Council, adopt a Resolution 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."

    FINANCING AUTHORITY RECOMMENDATION:
     
  2. Acting as the Financing Authority Board, adopt a Resolution 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."
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THE FINANCING AUTHORITY WILL ADJOURN, AND THE CITY COUNCIL WILL CONTINUE. Click to View
 
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
RECOMMENDATION:

Approve the Community Workforce Agreement by and between the City of Palm Springs and the San Bernardino/Riverside Counties Building and Construction Trades Council, AFL-CIO and the Signatory Craft Councils and Unions.
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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)
RECOMMENDATION:
  1. Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ADMINISTRATIVE MINOR MODIFICATION (AMM) WHICH GRANTS RELIEF FROM THE FIVE HUNDRED (500)-FOOT-MINIMUM SEPARATION DISTANCE REQUIREMENT BETWEEN CANNABIS DISPENSARIES AND CANNABIS LOUNGES FOR MASSFLORA, LLC LOCATED AT 577 EAST SUNNY DUNES ROAD (CASE 7 .1609 AMM)."  OR, as an alternative:
  2. Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING AN ADMINISTRATIVE MINOR MODIFICATION (AMM) WHICH GRANTS RELIEF FROM THE FIVE HUNDRED (500)-FOOT-MINIMUM SEPARATION DISTANCE REQUIREMENT BETWEEN CANNABIS DISPENSARIES AND CANNABIS LOUNGES FOR MASSFLORA, LLC LOCATED AT 577 EAST SUNNY DUNES ROAD (CASE 7.1609 AMM)."
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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
RECOMMENDATION:

Provide direction to staff on the following:
  1. 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.
  2. Authorize 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.
  3. Authorize 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.
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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
RECOMMENDATION:

Discuss an increase to the 2020-2021 Consolidated Plan and Annual Action Plan by $584,613 in Community Development Block Grant Corona Virus Round 3 funds, and re-allocate $16,764 of Community Development Block Grant Corona Virus funds for the 2020-2021 Community Development Block Grant Consolidated Plan and Annual Action Plan for the City of Palm Springs.
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D.   FISCAL YEAR 2020/2021 FIRST QUARTER BUDGET REVIEW
RECOMMENDATION:
  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 $1,848,000 from unrestricted General Fund balance for the following expenditures:
    a. $1,200,000 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.
  4. Provide direction to staff as appropriate.
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PUBLIC COMMENT: (Non-Agenda Items) This time has been set aside for members of the public to address the City Council on items of general interest within the subject matter jurisdiction of the City. Although the City Council values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Two (2) minutes will be assigned to each speaker. Public Comment for non-agenda items will occur before or at 9:00 p.m. or soon thereafter.
 
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT: This time is set aside for the City Council to make requests of staff, and/or issues of concern to Councilmembers are briefly presented, prioritized and set for future meeting dates.
 
ADJOURNMENT
 
 
AFFIDAVIT OF POSTING

State of California               )
County of Riverside            )   ss.
City of Palm Springs           )
 
I, John Paul Maier, Chief Deputy City Clerk of the City of Palm Springs, California, hereby certify this Agenda was delivered to each member of the City Council, provided to all parties who have requested such notice, posted at City Hall before 5:00 p.m., on November 6, 2020, and posted on the City’s website as required by established policies and procedures. 
                                                                                                               ________________________
                                                                                                               John Paul Maier, MMC
                                                                                                               Chief Deputy City Clerk

P U B L I C  N O T I C E S

 
Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way.  Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk.  Agenda and staff reports are available on the City’s website www.palmspringsca.gov.  If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at
(760) 323-8204.
 
It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 323-8204, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible.

    

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