Agenda

CITY COUNCIL
AND
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

REGULAR MEETING AGENDA

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).

March 11, 2021

3:00 PM CLOSED SESSION
5:30 PM REGULAR MEETING

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

AUTHORIZE ISSUANCE OF LEASE REVENUE REFUNDING BONDS, 2021 SERIES A (DOWNTOWN REVITALIZATION PROJECT) AND EXECUTION OF RELATED DOCUMENTS
RECOMMENDATION:

Acting as the City Council, adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING PROCEEDINGS AND AGREEMENTS RELATING TO THE REFINANCING OF THE ACQUISITION OF AND CONSTRUCTION OF IMPROVEMENTS FOR THE DOWNTOWN REVITALIZATION PROJECT, APPROVING ISSUANCE AND SALE OF BONDS BY THE CITY OF PALM SPRINGS FINANCING AUTHORITY, APPROVING AN OFFICIAL STATEMENT AND AUTHORIZING OFFICIAL ACTIONS."
Acting as the Financing Authority Board, adopt a Resolution entitled, "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF PALM SPRINGS FINANCING AUTHORITY, AUTHORIZING THE ISSUANCE OF ITS REFUNDING REVENUE BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $35,000,000 IN CONNECTION WITH THE REFINANCING OF THE ACQUISITION AND CONSTRUCTION OF PUBLIC CAPITAL IMPROVEMENTS FOR THE DOWNTOWN REVITALIZATION PROJECT, AUTHORIZING AND DIRECTING EXECUTION OF AN INDENTURE OF TRUST AND A LEASE AGREEMENT, ESCROW DEPOSIT AND TRUST AGREEMENT AUTHORIZING THE SALE OF THE BONDS AND AN OFFICIAL STATEMENT AND AUTHORIZING OFFICIAL ACTIONS AND EXECUTION OF RELATED DOCUMENTS."
Accept professional services proposal from Norton Rose Fulbright LP for disclosure counsel services.
Designate Stifel Nicolaus & Company, Incorporated to serve as underwriter.
Authorize the City Manager and Treasurer to execute all necessary documents.

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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. Members of the public may address the City Council by completing a public comment card and giving it to the City Clerk prior to the meeting. 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.

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.

APPROVAL OF MINUTES
RECOMMENDATION:

Approve the City Council Meeting Minutes of January 14, 2021, and January 28, 2021. Click to View

TREASURER'S INVESTMENT REPORT AS OF JANUARY 31, 2021
RECOMMENDATION:

Receive and file Treasurer's Investment Report as of January 31, 2021. Click to View

APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. N039-R1, WITH THE STATE OF CALIFORNIA, FOR USE OF NATIONAL HIGHWAY PERFORMANCE PROGRAM (NHPP) FUNDS AS A PART OF THE HIGHWAY BRIDGE PROGRAM (HBP) FOR THE EAST PALM CANYON DRIVE OVER PALM CANYON WASH, CITY PROJECT NO. 12-04, FEDERAL AID PROJECT NO. BRLS 5282(041 )
RECOMMENDATION:

Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. N039-R1 TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECT NO. 08-5282R, WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $442,650 FOR THE USE OF NATIONAL HIGHWAY PERFORMANCE PROGRAM (NHPP) FUNDS AS A PART OF THE HIGHWAY BRIDGE PROGRAM FOR THE EAST PALM CANYON DRIVE BRIDGE OVER PALM CANYON WASH FEDERALLY-FUNDED PROJECT NO. BRLS-5282(041), CITY PROJECT NO. 12-04."
Authorize the City Manager to execute all necessary documents.

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APPROVE AN AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF PARKS AND RECREATION FOR FUNDING UNDER PROPOSITION 68 PER CAPITA GRANT FOR THE JAMES O. JESSIE DESERT HIGHLAND UNITY CENTER BALLPARK, AND SWIM CENTER SHADE STRUCTURES PROJECTS:
RECOMMENDATION:

Approve an Agreement with the California Department of Parks and Recreation for Funding under Proposition 68 Per Capita Grant for an amount not to exceed $177,952 for the Ball Park Project at Desert Highland Park and the Swim Center Shade Structure Project.
Approve an Agreement with the California Department of Parks and Recreation for Funding under Proposition 68 Per Capita Grant for an amount not to exceed $29,785 for the Swim Center Shade Structure Project.
Authorize the City Manager to execute all necessary documents.

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CONTRACT SERVICES AGREEMENT WITH DEAZTLAN CONSULTING FOR SOCIAL MEDIA SERVICES
RECOMMENDATION:

Approve a Contract Services Agreement with DeAztlan Consulting for social media services in an amount not-to exceed $25,000.
Authorize the City Manager to execute all necessary documents.

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AUTHORIZE THE CITY MANAGER TO ENTER INTO ANNUAL PURCHASE AGREEMENTS FOR NATURAL GAS
RECOMMENDATION:

Authorize the City Manager to enter into annual purchase agreements for natural gas from the wholesale commodity market for an amount not to exceed $6/ dekatherm (dth).
Authorize the City Manager to execute all necessary documents.

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FISCAL YEAR 2019-20 FINANCIAL AUDIT REPORTS OF THE CITY OF PALM SPRINGS
RECOMMENDATION:

Receive and file the following Financial Audit Reports for fiscal year June 30, 2020:

Comprehensive Annual Financial Report (CAFR)
Audit Communication Letter to the City Council
Internal Control and Compliance Letter to the City Council
Passenger Facility Charge (PFC) Report
Public Financing Authority Financial Statements.
Measure J Fund Report Annual Financial Report
Measure D Independent Accountant's Agreed Upon Procedures
Measure A Independent Accountant's Agreed Upon Procedures (Conrad CPA Firm)

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REQUEST BY DESERT X FOR APPROVAL OF AN ART MURAL AT THE NORTHWEST CORNER OF A COMMERCIAL SITE LOCATED AT 201 NORTH PALM CANYON DRIVE (CASE 21-001 MUR)
RECOMMENDATION:

Adopt a resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ART MURAL BY ARTIST FELIPE BAEZA ON THE SOUTHERLY WALL ADJACENT OF AN ACCESSORY STRUCTURE AT 201 NORTH PALM CANYON DRIVE (CASE 21-001 MUR)." Click to View

EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.

PUBLIC HEARINGS:

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2021-2022 ANNUAL ACTION PLAN AND BUDGET PUBLIC HEARING
RECOMMENDATION:

Open the Public Hearing for public testimony.
Review the Draft 2021-2022 Community Development Block Grant Budget (CDBG) and Annual Action Plan, and provide direction to staff.
Schedule a Public Hearing for April 22, 2021, to approve and adopt the 2021-2022 Community Development Block Grant (CDBG) Budget and Annual Action Plan.

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REQUEST BY THE CITY OF PALM SPRINGS FOR APPROVAL OF THE ANNUAL UPDATE OF THE PALM SPRINGS ZONING CODE (CASE 5.1466 ZTA)
RECOMMENDATION:

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, ADOPTING AN ANNUAL UPDATE TO THE PALM SPRINGS ZONING CODE (CASE 5.1466 ZTA)." Click to View

CONSIDER A REVIEW OF THE CONDITIONAL USE PERMIT THAT WAS ISSUED FOR THE WELL IN THE DESERT FACILITY, LOCATED AT 441 S. CALLE ENCILIA
RECOMMENDATION:

Take no public comment at this time and continue the Public Hearing to the City Council Meeting of March 25, 2021.
Direct the City Clerk to post a Notice of Continuance in accordance with established procedures.

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LEGISLATIVE:

ORDINANCE ESTABLISHING "HERO PAY" FOR FRONT-LINE GROCERY WORKERS
RECOMMENDATION:

That the City Council consider and adopt an Urgency Ordinance entitled, "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS MUNICIPAL CODE BY ADDING CHAPTER 5.87, RELATING TO GROCERY WORKERS IN PALM SPRINGS, AND ESTABLISHING LABOR STANDARDS AND REQUIREMENTS FOR PREMIUM PAY FOR GROCERY WORKERS WORKING IN PALM SPRINGS (four-fifths (4/5) vote required)"
That the City Council consider and conduct first reading (introduction) of Ordinance entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS MUNICIPAL CODE BY ADDING CHAPTER 5.87, RELATING TO GROCERY WORKERS IN PALM SPRINGS, AND ESTABLISHING LABOR STANDARDS AND REQUIREMENTS FOR PREMIUM PAY FOR GROCERY WORKERS WORKING IN PALM SPRINGS."
That the City Council provides direction as to any additional business sectors to be brought back as part of any subsequent Hero Pay ordinance.

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UNFINISHED BUSINESS: NONE.

NEW BUSINESS:

REQUEST BY MASSFLORA, LLC FOR AN ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENT FOR A CANNABIS DISPENSARY AND A MINOR ARCHITECTURAL APPLICATION FOR THE EXTERIOR MODIFICATIONS TO THE PROPOSED CANNABIS FACILITY AT 577 EAST SUNNY DUNES ROAD (CASE NOS 7.1609 AMM AND 3.2967 MAA)
RECOMMENDATION:

Approve the applications by adopting a resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENT IN SECTION 93.23.15 AND A MINOR ARCHITECTURAL APPLICATION FOR THE EXTERIOR MODIFICATIONS TO A CANNABIS DISPENSARY (MASSFLORA, LLC) PROPOSED AT 577 EAST SUNNY DUNES ROAD (CASE 7.1609 AMM)."
Alternatively, deny the application by adopting a resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING AN ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENT IN SECTION 93.23.15 AND A MINOR ARCHITECTURAL APPLICATION FOR THE EXTERIOR MODIFICATIONS TO A CANNABIS DISPENSARY (MASSFLORA, LLC) PROPOSED AT 577 EAST SUNNY DUNES ROAD (CASE 7.1609 AMM)."

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DISCUSSION OF COUNTY HOMELESSNESS PROGRAM
RECOMMENDATION:

Receive updated report from staff and provide direction as appropriate. Click to View

PALM SPRINGS COVID-19 SMALL BUSINESS ASSISTANCE PROGRAM UPDATE
RECOMMENDATION:

Receive and file the list of small businesses approved for loans to date pursuant to the COVID-19 Small Business Assistance Program.
Direct staff as appropriate.

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JOINT CITY COUNCIL AND FINANCING AUTHORITY Click to View

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 Friday, March 5, 2021, 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 Government Code Section 54957.5, City Council meeting agendas and supporting documents, including staff reports, public correspondence, and any related writing, are available for public review at the Office of the City Clerk, located at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262 or you may contact the City Clerk’s Office at (760) 323-8204, Monday through Thursday from 8:00 a.m. to 6:00 p.m. (excluding holidays) and available online at www.palmspringsca.gov/agenda

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.