Wednesday, January 30, 2020
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
CALL TO ORDER:
A Regular Meeting of the Palm Springs City Council was called to order by Mayor Kors on Thursday, January 30, 2020, at 6:10 p.m., in the Council Chamber, City Hall, located at 3200 E. Tahquitz Canyon Way, Palm Springs, California.
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:
Mayor Kors displayed slides and reported on the successof the Point-In-Time Count and thanked volunteers for their service; narrated a PowerPoint presentation and provided an update on Major Development Projects throughout the City.
ACCEPTANCE OF THE AGENDA:
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to remove Consent Calendar Item Nos. 1E, 1J, 1M, 1Q, and 1R for separatediscussion.
REPORT OF CLOSED SESSION:
The Regular ClosedSessionof the City Council of January30, 2020, was called to order by Mayor Kors at 3:30 p.m., with all members present, except Councilmember Garner.
Councilmember Garner announced her recusal on one matter of Closed Session due to a conflict related to her sourceof income.
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The meeting convenedinto Closed Sessionto discussthe following items aslisted on the Regular Closed SessionMeeting Agenda:
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, Pursuant to Government Code Section 54956. 9(d)( 1):
4328 Lockwood Avenue v. City of Palm Springs,
CaseNo. RIC 1703102, Superior Court of the Stateof California, County of Riverside City of Palm Springs v. Miggy’s Cantina, LLC and Richard Meaney, Case No. PSC 1600359, Superior Court of the State of California, County of Riverside David Edwin Bell v. City of Palm Springs,
CaseNo RIC 1901178, Superior Court of the Stateof California, County of Riverside Sabordo & Huerto, et al. v. City of Palm Springs, et al., Case No. PSC 1602732, Superior Court of the State of California, County of Riverside City of Palm Springs v. O& M,
CaseNo. PSC1701804, Superior Court of the Stateof California, County of Riverside CONFERENCE WITH LEGAL COUNSEL – EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956. 9(d)( 2):
Twelve ( 12) matters that, under the existing circumstances, the City Attorney believes creates significant exposure to litigation.
CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION, Pursuant to Government Code Section 54956. 9(d)( 4):
Under existing facts and circumstances, there are six ( 6) matters the City Council has decided or may decide to initiate litigation.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION, Pursuantto Government Code Section 54957( b)( 1):
City Manager
City Attorney
CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54956. 8:
Property Address/ Description: 225 El Cielo Road, Palm Springs, CA Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager
NegotiatingParties: Tom Kirk, Coachella Valley Association of Governments Under Negotiation: Price and Terms of Payment ( Lease) City Council Minutes January30, 2020
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Property Address/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: Chief Planning and Development Officer, Agua Caliente Band of Cahuilla Indians
Under Negotiation: Price and Terms of Payment ( Lease) Property Address/ Description: 502-210-023 ( 2 acre portion located at the northwest corner of East Baristo Road and El Cielo Road)
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or designee Negotiating Parties:
Under Negotiation: Price and Terms of Payment ( Lease) Property Address/ Description: 505-182-010 and 505-182-004 ( Adjacent parcels located at the southwest corner of North Palm Canyon
Drive and Stevens Road)
Agency: City of Palm Springs andSuccessorAgency of the Former Redevelopment Agency of the City of Palm Springs
City Negotiator: David H. Ready, City Manager or designee Negotiating Parties:
Under Negotiation: Price and Terms of Payment (Sale) 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:
Kathy Cohn, speaking on Item 5E, representing One- PS, spoke on the history of One- PS and the processfor engaging and certifying new neighborhood organizations.
Alan Weiner, speakingon Item 5C, spokein support of moving forward with DCE, recommending that the City should proceed with requiring new construction use alternatives to natural gas.
David Freedman, speaking on Item 5C, suggested that residents eligible for the CARE discount, should automatically be enrolled in the 100% carbon free option with a small subsidy for the additional cost.
Richard Noble, speaking on Item 5C, urged the City Council to join Al Gore’s partnership agreementto reducegreenhousegasesand move towards renewable energy.
Dieter Crawford, speakingon Item 5C, recommendedthat residentsbeenrolled in the DesertSaver Program, noting financial impacts on low- and fixed- income residents; spoke in support of programs which install solar panelson the homes of low- income residents.
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CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER' S COMMENTS AND REPORTS:
Mayor Pro Tem Holstege announced that the overnight cooling/ warming center will have daytime hours beginning mid-February; presented an update on the Coachella Valley Association of Governments ( CVAG) Homelessness Committee meeting, noting that they requested landlords to provide input on the use of CDBG funds for housing first units; reported on the activities of the City Council Business Retention Subcommittee and the recently- held meeting on the Demuth Dog Park; encouragedresidentsto participate in Black History Month activities.
Councilmember Middleton reported on the activities of the CalPERS Board; provided an update on the League of California Cities’ Revenue and Taxation Committee; noted that the Riverside County Transportation Commission ( RCTC) is holding its annual retreat in Palm Springs.
Councilmember Garner provided an update on recently- held meetings and events; encouraged residentsto apply for vacancieson the Boards and Commissions; reported that the next phaseof the Miralon Project is moving forward, noting that its new model home grand opening will occur on February 15, 2020.
Mayor Kors announced that a Cannabis Stakeholder meeting will be held on February 5, 2020; summarized the meeting between the Downtown and Arenas businessesregarding Palm Springs Pride and the desire to increase visibility of business along Palm Canyon Drive; noted that the Arenas Business Association is interested in designating pick- up areasfor rideshare companies; and reported on his attendance at various meetings and regional events.
City Manager Ready noted that the Airport Security Screening Improvement Project is complete.
1. CONSENT CALENDAR:
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to approve the Consent Calendar, with the removal of Item Nos. 1E, 1J, 1M, 1Q, and 1R for separatediscussion.
A. APPROVAL OF MINUTES
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to approvethe City Council Meeting Minutes of January7, 2020.
B. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to adopt Resolution No. 24725 entitled, " A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDING 12-28- 2019 BY WARRANTS NUMBERED 420940, 420942 THROUGH 420954 TOTALING $ 27,729.34 CLAIMS, DEMANDS AND LIABILITY CHECKS NUMBERED 1110744 THROUGH 1111079 TOTALING $ 3,280, 807. 82, FOUR WIRE TRANSFERS FOR $ 97,522.82, AND SEVEN ELECTRONIC ACH DEBITS OF 1,626, 989. 16 IN THE AGGREGATE AMOUNT OF $ 5,033, 049. 14, DRAWN ON BANK OF AMERICA."
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C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF DECEMBER 2019
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of December 1, 2019 through December 31, 2019.
D. SECOND READING AND ADOPTION OF ORDINANCES AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 21, 22, AND 23 TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 ( PUBLIC SAFETY
SERVICES)
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to:
1. Adopt Ordinance No. 2011 entitled, " AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY
OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION NO. 21, THE MODERN, TRACT MAP NO. 37807, INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1, (PUBLIC SAFETY SERVICES)."
2. Adopt Ordinance No. 2012 entitled, " AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY
OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION NO. 22, ELAN, TRACT MAP NO. 36914, INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1, (PUBLIC SAFETY SERVICES)."
3. Adopt Ordinance No. 2013 entitled, " AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY
OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION NO. 23, LIVING OUT, TRACT MAP NO. 37602, INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1, (PUBLIC SAFETY SERVICES)."
E. SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING
VARIOUS SECTIONS OF THE PALM SPRINGS MUNICIPAL CODE RELATED
TO REGULAR MEETING TIMES FOR BOARDS AND COMMISSIONS
This item was excluded from the Consent Calendar. Please refer to Page 10 of these minutes for a summary of that action.
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F. SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING PALM SPRINGS MUNICIPAL CODE SECTIONS 2.04.060 AND 2.06.010(e) REGARDING
QUALIFICATIONS TO SERVE ON THE CITY' S APPOINTIVE BOARDS AND
COMMISSIONS
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to adopt Ordinance No. 2015 entitled, " AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTIONS 2.04.060 AND
2.06.010(e) REGARDING QUALIFICATIONS TO SERVE ON THE CITY' S APPOINTIVE BOARDS AND COMMISSIONS."
G. TREASURER' S INVESTMENT REPORT AS OF NOVEMBER 2019
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to receive and file Treasurer's Investment Report as of November 30, 2019.
H. FISCAL YEAR 2018- 19 FINANCIAL AUDIT REPORTS OF THE CITY OF PALM
SPRINGS
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to receive and file the following Financial Audit Reports for fiscal year ending June30, 2019:
a) Comprehensive Annual Financial Report ( CAFR)
b) Audit Communication Letter to the City Council
c) Internal Control and Compliance Letter to the City Council d) PassengerFacility Charge (PFD) Report
e) Housing Successor Audit Communication Letter to the City Council f) Public Financing Authority Financial Statements
g) Measure J Annual Financial Report
h) MeasureD IndependentAccountant's Agreed-Upon ProceduresReport I. AUTHORIZATION TO RELEASE SUBDIVISION IMPROVEMENT
SECURITIES FOR TRACT NO. 28966
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to adopt Resolution No. 24707 entitled, " A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING THE RELEASE OF SECURITIES ASSOCIATED WITH TRACT MAP 28966 AND THE SUBDIVISION IMPROVEMENT AGREEMENT FOR PROPERTY LOCATED AT THE SOUTH END OF VIA MONTE VISTA, IN SECTION 10, TOWNSHIP 4 SOUTH, RANGE 4 EAST."
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J. AUTHORIZE A PURCHASE ORDER IN THE AMOUNT OF $ 236,174 WITH ALBERT A. WEBB ASSOCIATES, A CALIFORNIA CORPORATION, FOR
CIVIL ENGINEERING DESIGN SERVICES FOR THE PALM CANYON DRIVE
INDIAN CANYON DRIVE / CAMINO PAROCELA TRAFFIC ROUND- ABOUT, CITY PROJECT NO. 20- 03
This item was excluded from the Consent Calendar. Please refer to Page 10 of these minutes for a summary of that action.
K. RATIFYING THE ANNUAL ADJUSTMENT OF THE ACCESS LINE RATE PURSUANT TO PALM SPRINGS MUNICIPAL CODE 3.39.050 APPROVED BY VOTERS BY MEASURE " G"
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to adopt Resolution No. 24708 entitled, " A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
RATIFYING THE ANNUAL ADJUSTMENT OF THE ACCESS LINE RATE PURSUANT TO PALM SPRINGS MUNICIPAL CODE § 3.39.050 APPROVED BY VOTERS BY MEASURE ' G'."
L. RESOLUTION REPEALING A POLICY FOR THE PROVISION OF SOLAR
PHOTOVOLTAIC SYSTEMS AS PART OF DISCRETIONARY APPROVALS
FOR NEW RESIDENTIAL DEVELOPMENT
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to adopt Resolution No. 24709 entitled, " A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
REPEALING A POLICY FOR THE PROVISION OF SOLAR PHOTOVOLTAIC
SYSTEMS AS PART OF DISCRETIONARY APPROVALS FOR NEW RESIDENTIAL DEVELOPMENT."
M. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPOINTING A RETIRED ANNUITANT AS AN INTERIM TO
THE VACANT POSITION OF DIRECTOR OF BUILDING AND SAFETY FOR
THE CITY OF PALM SPRINGS UNDER GOVERNMENT CODE SECTION
21221(H) EFFECTIVE FEBRUARY 10, 2020
This item was excluded from the Consent Calendar. Please refer to Page 11 of these minutes for a summary of that action.
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N. APPROVE AND AUTHORIZE SUBMITTAL OF CALIFORNIA OFFICE OF EMERGENCY MANAGEMENT FORM CALOES 130 DESIGNATING
PERSONNEL TO ACT AS THE AGENT FOR THE CITY WHEN SEEKING
FINANCIAL ASSISTANCE AFTER A DISASTER
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to:
1. Approve the CalOES Form 130 Disaster Designees as the City Manager, Fire Chief, and Director of Finance and Treasury.
2. Direct the City Clerk to certify CalOES Form 130.
3. Direct the Emergency Management Coordinator to transmit CalOES Form 130 to the California Office of Emergency Services.
O. ADOPT THE STATE OF CALIFORNIA, DEPARTMENT OF
TRANSPORTATION ( CALTRANS) 2006 TRAFFIC SIGNAL STANDARDS FOR
CITY PROJECTS
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to:
1. Adopt Resolution No. 24711 entitled, " A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING CERTAIN STANDARDS PUBLISHED FROM THE 2006 STATE OF CALIFORNIA,
DEPARTMENT OF TRANSPORTATION ( CALTRANS) RELATED TO TRAFFIC
SIGNAL POLES FOR TRAFFIC SIGNAL IMPROVEMENTS WITHIN THE CITY OF PALM SPRINGS."
2. Authorize the City Engineer to revise the previously- approved plans and specifications for the Palm CanyonDrive PedestrianImprovementsin Downtown, City Project No. 17-07, to modify the traffic signal poles to conform to the 2006 Caltrans Standard Plans.
P. AUTHORIZE A PURCHASE ORDER WITH KIMLEY- HORN AND
ASSOCIATES, A NORTH CAROLINA CORPORATION, FOR TRAFFIC
MANGEMENT CENTER AND SIGNAL TIMING OPTIMIZATION, CITY
PROJECT NO. 19-37
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to:
1. Authorize a Purchase Order in the amount of $ 252,500 with the City' s "on- call" traffic engineering firm, Kimley- Horn and Associates, pursuant to Agreement No. 8342, for traffic engineering services relative to the Traffic Management Center and Signal Timing Optimization, City Project No. 19-37.
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2. Approve an appropriation of $ 252,500 from the Measure J Fund for the Traffic ManagementCenter and Signal Timing Optimization, City Project No. 19-37.
3. Authorize the City Manager to executeall necessarydocuments.
Q. APPROVE MEMORANDUM OF UNDERSTANDING ACCEPTING GRANT
FUNDS IN THE AMOUNT OF $ 532, 674 FROM THE STATE OF CALIFORNIA
DEPARTMENT OF JUSTICE TOBACCO GRANT PROGRAM AND AMENDING THE FISCAL YEAR 2019- 20 ANNUAL BUDGET AND ALLOCATED POSITIONS
AND COMPENSATION PLAN
This item was excluded from the Consent Calendar. Please refer to Page 11 of these minutes for a summary of that action.
R. CONSIDERATION OF A RESOLUTION ADOPTING A LANGUAGE ACCESS POLICY
This item was excluded from the Consent Calendar. Please refer to Page 12 of these minutes for a summary of that action.
S. APPROVAL OF A POST- CONSTRUCTION SERVICES AGREEMENT WITH ENGIE SERVICES U.S., INC., A DELAWARE CORPORATION, RELATED TO
THE MUNICIPAL CO- GENERATION PLANT
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to:
1. Approve a Post-Construction Services Agreement with ENGIE Services U.S., Inc., a Delaware corporation, for an initial term of five years, with two optional five- year extensions.
2. Cancel the Energy Savings Contract dated July 29, 2013, approved on June 19, 2013, with Chevron Energy Solutions Company, a Division of Chevron U. S.A., Inc., a Pennsylvania corporation, (A6375).
3. Authorize the City Manager to executeall necessarydocumentation.
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EXCLUDED CONSENT CALENDAR:
E. SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING
VARIOUS SECTIONS OF THE PALM SPRINGS MUNICIPAL CODE RELATED
TO REGULAR MEETING TIMES FOR BOARDS AND COMMISSIONS
City Clerk Mejia presented the staff report.
Following discussion, MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to adopt Ordinance No. 2014 entitled,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE PALMS SPRINGS
MUNICIPAL CODE RELATED TO REGULAR MEETING TIMES FOR BOARDS AND COMMISSIONS," with the following amendment:
a. The City Council agreedto allow Boards and Commissions to postponemodifying its regular meeting schedule until July 1, 2020, if it would otherwise cause a Commissioner to resign, due to the time change.
J. AUTHORIZE A PURCHASE ORDER IN THE AMOUNT OF $ 236,174 WITH ALBERT A. WEBB ASSOCIATES, A CALIFORNIA CORPORATION, FOR
CIVIL ENGINEERING DESIGN SERVICES FOR THE PALM CANYON DRIVE
INDIAN CANYON DRIVE / CAMINO PAROCELA TRAFFIC ROUND- ABOUT, CITY PROJECT NO. 20-03
Assistant City Manager Fuller presented the staff report; explained that moving forward with a “shovel ready” design will increasethe likelihood of being awarded a construction grant in the future.
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to:
1. Authorize a Purchase Order in the amount of $ 236, 174 with the City' s " on- call" civil engineering firm, Albert A. Webb Associates, a California corporation, pursuant to Agreement No. 8356, for engineering design services relative to the Palm Canyon Drive / Indian Canyon Drive / Camino ParocelaTraffic Round-About, City Project No. 20-03.
2. Authorize the City Manager to executeall necessarydocuments.
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M. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPOINTING A RETIRED ANNUITANT AS AN INTERIM TO
THE VACANT POSITION OF DIRECTOR OF BUILDING AND SAFETY FOR
THE CITY OF PALM SPRINGS UNDER GOVERNMENT CODE SECTION
21221( H) EFFECTIVE FEBRUARY 10, 2020
Assistant City Manager Fuller presented staff report.
Councilmember Middleton noted the importance of monitoring and complying with the 960-hour limit for retired annuitants.
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to:
1. Adopt Resolution No. 24710 entitled, " A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPOINTING A RETIRED
ANNUITANT AS AN INTERIM TO THE VACANT POSITION OF DIRECTOR OF
BUILDING AND SAFETY FOR THE CITY OF PALM SPRINGS UNDER
GOVERNMENT CODE SECTION 21221( H) EFFECTIVE FEBRUARY 10, 2020."
2. Authorize the City Manager to execute any documents necessary to effectuate the aboveactions.
Q. APPROVE MEMORANDUM OF UNDERSTANDING ACCEPTING GRANT
FUNDS IN THE AMOUNT OF $ 532, 674 FROM THE STATE OF CALIFORNIA
DEPARTMENT OF JUSTICE TOBACCO GRANT PROGRAM AND AMENDING THE FISCAL YEAR 2019- 20 ANNUAL BUDGET AND ALLOCATED POSITIONS
AND COMPENSATION PLAN
Mayor Kors expressedappreciation to Police Chief Reyesand his staff for identifying and applying for this grant.
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to:
1. Accept grant funding in the amount of $ 532,674 from the California Department of Justice Tobacco Grant Program.
2. Allocate one additional full- time Police Officer position into the FY 2019- 20, FY 2020-21, and FY 2021-22 budgets and adopt Resolution No. 24712 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 YEARS 2019- 20 AND 2020-21, ADOPTED BY RESOLUTION NO. 24635.”
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3. Appropriate the grant funding into the FY 2019-20, FY 2020-21, and FY 2021-22 budgets.
4. Authorize the City Manager or a designated representative to execute the grant documents, Memorandum of Understanding, and to submit all documents, including, without limitation, contracts, amendments, extensions, and payment requests as appropriate to accept the funds under and comply with the conditions of the grant.
5. Grant funds received hereafter shall not be used to supplant ongoing law enforcement expenditures.
R. CONSIDERATION OF A RESOLUTION ADOPTING A LANGUAGE ACCESS POLICY
City Clerk Mejia presented the staff report and responded to City Council inquiries.
During the course of discussion, the City Council requested that a webpage be developed which informs residents about the Language Access Policy and how to accessservices; directed that the resolution be modified to include use of American Sign Language interpreters; directed that all construction notices, including those distributed by third parties, be translated into the required language( s).
Mayor Pro Tem Holstege expressed interest in having a Spanish- language interpreter presentat all City Council meetings in the future. Councilmember Garner requestedthat staff utilize localized dialects in translating public notices into Spanish.
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24713 entitled, " A
RESOLUTION OF THE CITY COUNC IL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A LANGUAGE ACCESS POLICY," with the following modification:
a. “ Oral interpretation, including American Sign Language, of any public meeting or hearing held by the City Council or any Board or Commission shall be provided if requested at least forty- eight ( 48) hours in advance of the meeting or hearing in question. At City Council, Board, or Commission meetings extra speaking time shall be given when translation is needed.”
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2. PUBLIC HEARINGS:
A. AN APPLICATION BY CATHERINE BODZINER AND DUFF LINDE, OWNERS, FOR CLASS 1 HISTORIC RESOURCE DESIGNATION OF " THE SUNMOR MODEL HOME" LOCATED AT 2821 LIVMOR DRIVE, ( APN # 502- 141- 006), CASE HSPB #124
Director of Planning ServicesFagg narrateda PowerPoint presentation.
Mayor Kors openedthe Public Hearing.
SusanSecoy Jensen, representingthe Applicant, spoke in support of the nomination.
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. 24714 entitled, " A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING " THE SUNMOR MODEL HOME" LOCATED AT 2821 LIVMOR DRIVE AS CLASS 1 HISTORIC RESOURCE HSPB # 124, SUBJECT TO CONDITIONS. ( APN 502- 141- 006)."
B. AN APPLICATION BY WILLIAM AND JENNIFER NELSON FAIN, OWNERS, FOR CLASS 1 HISTORIC RESOURCE DESIGNATION OF " THE J. CHENEY WELLS RESIDENCE" 1850 SMOKE TREE LANE, ROCK 12 ( APN # 510- 192- 003), CASE HSPB #125
Director of Planning ServicesFagg narrateda PowerPoint presentation.
Mayor Kors openedthe Public Hearing.
Steve Vaught, spoke in support of the nomination, pointing out the quality of the original character defining elements.
There being no others desiring to speak, Mayor Kors closed the Public Hearing.
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to adopt Resolution No. 24715 entitled, " A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING " THE J. CHENEY WELLS RESIDENCE" LOCATED AT 1850 SMOKE TREE LANE, ROCK 12, AS HISTORIC RESOURCE HSPB # 125, SUBJECT TO CONDITIONS. ( APN 510-192-003)."
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C. AN APPLICATION BY J.R. ROBERTS, OWNER, FOR CLASS 1 HISTORIC RESOURCE DESIGNATION OF " THE LAWRENCE WELK RESIDENCE"
LOCATED AT 730 PASEO EL MIRADOR ( APN # 507- 082- 020), CASE HSPB # 126 Director of Planning Services Fagg narrated a PowerPoint presentation.
Mayor Kors opened the Public Hearing.
J.R. Roberts, spoke on the history of the residence and the importance of historic preservation.
There being no others desiring to speak, Mayor Kors closed the Public Hearing.
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24716 entitled, " A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING " THE LAWRENCE WELK RESIDENCE" LOCATED AT 730 PASEO EL MIRADOR, AS HISTORIC RESOURCE HSPB #126, SUBJECT TO CONDITIONS ( APN 507- 082- 020)."
D. CITY OF PALM SPRINGS FOR A ZONE TEXT AMENDMENT TO ALLOW
RESIDENTIAL USES IN PROFESSIONAL ZONES WHERE SPECIFICALLY PERMITTED BY THE GENERAL PLAN LAND USE ELEMENT ( CASE 5.1467 ZTA)
Director of Planning Services Fagg narrated a PowerPoint presentation; noted that a corrected ordinance has been provided to the City Council on the dais and made available to the public.
Mayor Kors openedand closed the Public Hearing, there being no one desiring to speak.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER WOODS, CARRIED 5- 0, to introduce Ordinance No. 2016 entitled, " AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 92.08.01 THROUGH 92.08.03 OF CHAPTER 92.08 OF THE PALM SPRINGS ZONING CODE TO PERMIT CERTAIN RESIDENTIAL USES WITHIN THE PROFESSIONAL (" P") ZONES OF THE CITY." City Clerk Mejia read the ordinance by title.
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E. CITY OF PALM SPRINGS FOR A CHANGE OF ZONE AT THREE LOCATIONS:
1) CITY- OWNED PROPERTY ZONED " CU" AT 190 WEST SUNNY DUNES ROAD, ( 2) CITY- OWNED PROPERTY ZONED " CU" LOCATED SOUTHWEST
OF THE INTERSECTION OF NORTH INDIAN CANYON DRIVE AND STEVENS ROAD, AND ( 3) PRIVATELY- OWNED PROPERTY ZONED " CU" AT 342 NORTH PALM CANYON DRIVE ( CASE 5.1467 CZ)
Mayor Pro Tem Holstege recusedherself from one of the properties due to an economic interest by her husband; left the Council Chamber at 7:43 p.m. and returned at 7:49 p.m.
Director of Planning Services Fagg narrated a PowerPoint presentation; noted that a corrected ordinance hasbeenprovided to the City Council on the dais and madeavailable to the public.
Mayor Kors opened and closed the Public Hearing, there being no one desiring to speak.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER WOODS, CARRIED 4-0 ( MAYOR PRO TEM HOLSTEGE RECUSED), to introduce Ordinance No. 2017 entitled, " AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING A ZONING CHANGE OF THREE PARCELS WITHIN THE CITY FROM " CU" ( CIVIC USE) TO COMMERCIAL / RESIDENTIAL ZONING
AND DIRECTING THAT THE CITY' S ZONING MAP BE AMENDED
ACCORDINGLY." City Clerk Mejia read the ordinance by title.
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS:
A. REVIEW AND MAKE APPOINTMENTS TO CITY COUNCIL
SUBCOMMITTEES & LIAISONS AND REPRESENTATIVES TO EXTERNAL
ORGANIZATIONS
City Clerk Mejia presented the staff report.
During the course of discussion, the City Council expressed its preference to move forward with the alternative model of City Council Liaisons rather than City Council Ad Hoc Subcommittees; agreed to appoint Councilmember Middleton to the Finance Standing Committee and Councilmember Garner and Mayor Pro Tem Holstege to serve as the appointee and alternate to the Coachella Valley Economic Partnership ( CVEP), respectively; agreedthat Councilmember Garner and Mayor Pro Tem Holstege will move forward with serving as the City Council Interviewing Subcommittee for existing vacancies on Boards and Commissions, noting that another Councilmember may substitute if either member of the subcommittee is unavailable.
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MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to:
1. Review and make appointments to the City Council Subcommittees, Liaisons, and Representativesto External Organizations. (seeExhibit A to this set of minutes).
2. Adopt FPPC Form 806, authorize the City Clerk to prepare and execute FPPC Form 806 Public Official Appointments, and direct the City Clerk to post on the City' s website as required.
B. REQUEST BY SELENE PALM SPRINGS, LLC, FOR AN AMENDMENT TO THE PURCHASE AND SALE AGREEMENT GRANTING A 90 DAY EXTENSION TO
THE BENCHMARK SCHEDULE FOR THE HOTEL PROJECT, LOCATED AT
THE NORTHWEST CORNER OF AVENIDA CABALLEROS AND AMADO
ROAD, IN ORDER TO DEVELOP A REVISED MILESTONE SCHEDULE
City Attorney Ballinger announced his recusal, noting that he owns property near the project site; left the Council Chamber at 8:00 p.m. and returned at 8:10 p.m. Deputy City Attorney Holt servedin the capacity of City Attorney.
City Manager Ready presentedthe staff report.
In responseto City Council inquiry, Lauri Kibby, Applicant, advised that they are moving forward with improvements to the perimeter fencing and upgrades to the landscaping and will evaluatethe needfor additional security/safety fencing.
Mayor Pro Tem Holstege requestedthat staff evaluate the site conditions and submit its recommendations for safety or beautification enhancements.
Mayor Kors summarized the consequences of defaulting on the agreement, noting that Councilmember Garner and himself will serve as the City Council Liaisons working with the developers to establish a new milestone schedule. The City Council stressed the importance of keeping the project moving forward with tight, but realistic timelines.
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to authorize the City Attorney to prepare and the City Manager to execute Amendment No. 11 to the Purchase and Sale Agreement to extend the February 1, 2020, milestone by 90 days. During that time, the Developer is to propose to the City Council a new set of milestones, which are acceptable to the City Council. If a new set of milestones are not approved by the City Council at a publicly- noticed meeting within this 90- day timeframe, the Developer would be in default of the PSA, without any further notice or cure period.
REORDER OF THE AGENDA
The City Council agreedto reorder the agendato consider New Business Item Nos. 5C and 5E immediately after Unfinished Business Item 4B. However, these minutes reflect the normal order of businessfor easeof reference.
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RECESS/ RECONVENE
The City Council recessed at 9:00 p.m. and reconvened at 9:10 p.m.
5. NEW BUSINESS:
A. AWARD OF A CONSTRUCTION CONTRACT TO PAVEMENT COATINGS CO., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $ 1,830, 871. 24 FOR THE 2020 SLURRY SEAL, CITY PROJECT NO 19-02
In responseto City Council inquiry, City Attorney Ballinger confirmed that no individual member of the City Council needs to recuse themselves from deliberations, due to proximity neartheir residence, noting that the benefits areindistinguishable from the effect on the public generally.
Assistant City Manager Fuller presented the staff report.
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to:
1. Award a construction contract to PavementCoatings Co., a California corporation, in the amount of $ 1,830, 871. 24 for the 2020 Pavement Rehabilitation, City Project No. 19-02.
2. Delegate authority to the City Manager to approve and execute construction contract changeorders up to $180,000 with all changeorders reported to the City Council.
3. Authorize the City Manager to execute all necessary documents.
B. ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING AN APPLICATION FOR LAND AND
WATER CONSERVATION FUND GRANT FUNDS FOR THE DEMUTH DOG
PARK PROJECT
Parksand Recreation Director Alvarado narrateda PowerPoint presentation.
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to:
1. Adopt Resolution No. 24717 entitled, " A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE
APPLICATION FOR LAND AND WATER CONSERVATION FUND GRANT
FUNDS FOR DEMUTH DOG PARK PROJECT."
2. Authorize the City Manager to executeall documents.
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C. UPDATE ON APRIL 2020 LAUNCH OF COMMUNITY CHOICE
AGGREGATION IN PALM SPRINGS AND REQUEST FOR COUNCIL INPUT
ON DESERT COMMUNITY ENERGY OPTIONS FOR LOW- INCOME
CUSTOMERS
Tom Kirk and Katie Burrows, representing Desert Community Energy, narrated a PowerPoint presentation and responded to City Council inquiries.
Mayor Kors summarized the benefits of a local community choice aggregation program, noting that any revenuesarereinvestedto benefit the community; pointed out that residents may opt down to a more affordable plan or opt- out of the program at any time.
Councilmember Garner expressed concerns about enrolling low- income residents in a rate plan which is more expensive than current rates, until such time as each resident is contacted and notified of their rate options.
In response to City Council inquiries, Mr. Kirk summarized DCE’ s plan for contacting residentseligible for the CARE program andinforming them abouttheir rateoptions; stated that DCE will consider whether it may refund customers the cost difference if they determine to opt-down within the first billing cycles.
Councilmember Woods opined that DCE notifications should not attempt to be persuasive and must clearly inform residents of their rate options.
In response to inquiry from City Manager Ready, Mr. Kirk advised that DCE is responsible for DCE’s activities, including the mailing of customer notifications, noting that it desires to work cooperatively with City staff to increase awareness about DCE.
Mayor Kors recommended that the City mail its own official notification letter regarding DCE and the rate plan options. In responseto City Council inquiry, City Manager Ready stated that staff will develop a communications strategy to increase awareness about DCE.
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to support Option 3, enroll CARE customers in 100% carbon free plan, but have non- CARE customers cross-subsidize so they are billed at the DesertSaverRateand to review the matter in not more than six (6) months after operations commence.
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D. CONSIDERATION AND DIRECTION REGARDING PLANNING AND ZONING
APPLICATION PROCESSES, INCLUDING DECISION- MAKING BODIES,
ARCHITECTURAL ADVISORY COMMITTEE AND NUMBER OF MEETINGS City Attorney Ballinger presented the staff report.
In response to City Council inquiry, Director Fagg recommended that Planning Commission call-upsbeconsideredby the City Council prior to the Architectural Advisory Committee ( AAC). City Attorney Ballinger advised that it is City Council’ s discretion whether to include its call-up within the total meeting limitation for land useentitlements, including specific plans; pointed out that housing projects subject to the State’s five- meeting limit, will include call-ups from the City Council aswell asstudy sessions.
Councilmembers Garner and Woods voiced support for establishing a five- meeting limit and requiring Planning Commission approval prior to AAC. Councilmember Woods expresseda desirefor staff, with an architecture or urban design background, to pre-screen applications and help guide developers through the review process.
In response to City Council inquiry, Director Fagg stated that staff will pursue a Zoning Code amendment to delegate approval of tentative and final tract maps, if permitted by state law, and sign program variances to the Planning Commission; advised that staff will review which uses require Conditional Use Permits, including childcare facilities and institutions of a philanthropic/ charitable nature, and return to City Council with recommendationsfor a Zoning Code amendment.
Mayor Kors suggestedthat additional meetings should be permitted, if the developer and commission mutually agree, noting that the goal is to streamline the process while ensuring quality projects.
Mayor Pro Tem Holstege requested that staff develop an expedited review process for housing developments.
Following discussion, Director Fagg stated that staff will return to the City Council with a proposal which establishesa streamlining track which complies with SB 330 for housing projects and a proposal for other entitlements under a standardized review process; advised that staff will evaluatewhether study sessionsshould be included in the five- meeting limit, noting that appeals to the City Council are separate from the meeting limit.
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E. GENERAL REVIEW AND UPDATE OF ORGANIZED NEIGHBORHOODS OF
PALM SPRINGS ( ONE- PS)
City Manager Ready presentedthe staff report.
Mayor Kors noted that the City relies on One-PS to assist in providing notifications to residents, citing concerns that not all residents are included in a neighborhood organization NOrg); spoke on the need for individual NOrgs to expand their boundaries to include adjacent apartments, businesses, and other natural boundaries; voiced support for allowing City staff to managenotification of eachNOrg’s annual meeting; suggestedthat City staff work towards gathering publicly available contact information and providing it to One- PS to assistin their outreach communications.
Councilmember Middleton summarized the history of One-PS, noting that it opposedthe proposal by a NOrg to establish its own bylaws which did not comply with One- PS regulations; noted that One-PS is taking actions to create a welcoming and inclusive environment, including moving its meetings to evening hours and weekends.
Councilmember Garner voiced concern that One- PS has historically been culturally insensitive, pointing out that “Demuth Park” neighborhood should be named “Veterans Tract” in recognition of the Filipino veterans that settled the area; pointed out that the City allowed the installation of fencing on Chuckwalla Streetto preventchildren cutting through the El Mirador neighborhood to attend Katherine Finchy Elementary School; commented that it may be necessaryto allow the formation of smaller NOrgs rather than forcing neighborhoods to expand.
Mayor Pro Tem Holstege spoke on the growing importance and role of One- PS and the need for additional oversight and review of bylaw certifications; expressedsupport for granting the City Manager discretion to expand neighborhood boundaries, if necessary; opined that the City should assistOne-PS in creating an inclusive environment, including assisting with interpretation and translation services and sending notification of the annual meeting to all residentswithin a neighborhood.
Mayor Kors recommendedthat meetings be coordinated for the residentsof areasnot yet included in a NOrg to seek their preferences related to joining an existing NOrg or establishing their own, opining that the processshould be completed by June2020 due to the upcoming municipal election; pointed out that the integrity of community surveys are impacted when residents are not included in a NOrg or if the NOrg fails to communicate with its residents.
City Manager Ready provided a brief history of One- PS; recommended that the City take responsibility to reaching out to residents not yet included in a NOrg to assist them in joining or creating their own NOrg.
Councilmember Middleton recommended that each Councilmember meet with One- PS andthe NOrg leadersto discusshow bestto fill the gapsto achievefull participation within their respective Council district.
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Councilmember Woods summarized the benefits of One-PS; voiced support for allowing the City to managethe notification of NOrg annual meetings.
Mayor Kors suggestedthat staff coordinate meetingsbetweenthe residentswho arenot yet in a NOrg, One- PS leadership, and the representative Councilmember to discuss how best to fill the gaps.
Councilmember Garner voiced support for City staff coordinating the notification of NOrg annual meetings; pointed out that One- PS should be cognizant of being inclusive of families with children when planning events.
F. GENERAL FUND ENDING FISCAL YEAR 2018-2019 AND GENERAL FUND MID- YEAR FISCAL YEAR 2019- 2020 BUDGET UPDATE
The City Council continued this matter to the City Council meeting of February 13, 2020.
G. REPORT ON THE IMPLEMENTATION AND EFFECTIVENESS OF THE HISTORIC PRESERVATION ORDINANCE ( CASE 5.1454 ZTA)
Director of Planning ServicesFagg narrateda PowerPoint presentation.
In responseto City Council inquiry, Director Fagg advised that the staff review process found that most residences did not merit additional review by the Historic Site Preservation Board (HSPB); voice support for HSPB’s recommendationto add descriptive namesto the historic designation categories.
The City Council received and filed the report on the implementation and effectiveness of the Historic PreservationOrdinance.
PUBLIC COMMENT: None.
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT:
Councilmember Garner and Mayor Kors urged staff to move forward with scheduling of the study sessionsto review the noise ordinance, grant processes, as well as the Boards and Commissions Program.
Councilmember Woods requested that the Sustainability Commission evaluate the impact of residential solar panelson hillside developments; requestedthat the issueof bus stop locations be evaluated during the General Plan update; suggested that staff evaluate the possibility of lighting the Visitor Center, and fountains at the Airport and Francis StevensPark, year round.
Mayor Kors requestedthat staff evaluate the possibility of designating parking for the dog park and employee parking at the City Hall parking lot; requested that staff agendize discussion of an art walk along Museum Way and a possible location for the Marilyn Monroe statue; requestedthat staff default City printers to print double- sided.
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ADJOURNMENT:
The City Council adjourned at 10: 59 p.m.
Respectfully submitted,
Anthony J. Mejia, MMC
City Clerk
APPROVED BY CITY COUNCIL: 03/ 19/ 2020
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Exhibit A
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