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CITY COUNCIL
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
June 11, 2020
4:00 PM CLOSED SESSION
6:00 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 6:00 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).
            
           June 11, 2020          
 
           
4:00 PM CLOSED SESSION
6:00 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
 
 
4:00 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 submitting an email or calling 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.
 
 
6:00 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.   APPROVAL OF MINUTES
RECOMMENDATION:

Approve the City Council Meeting Minutes of April 23, 2020, May 7, 2020, and May 18, 2020.
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B.   ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS CITYWIDE STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS, FISCAL YEAR 2020/2021
RECOMMENDATION:
  1. Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE PREPARATION OF AND GIVING PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 3, AND PARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 (ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12, TO ESTABLISH ANNUAL ASSESSMENTS AND THE LEVY AND COLLECTION RELATED THERETO FOR FISCAL YEAR 2020/2021."
  2. Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON JULY 23, 2020, REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 3, AND PARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 (ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12, AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2020/2021."
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C.   2020 BIENNIAL NOTICE FOR CITY STAFF TO REVIEW THE CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT
RECOMMENDATION:

Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REQUIRING CITY STAFF TO REVIEW THE CONFLICT OF INTEREST CODE AND SUBMIT THE 2020 BIENNIAL NOTICE AS REQUIRED UNDER THE POLITICAL REFORM ACT."
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D.   ACCEPTANCE OF THE 2019 PAVEMENT REHABILITATION, CITY PROJECT NO. 19-01
RECOMMENDATION:
  1. Accept the public works improvement identified as the 2019 Pavement Rehabilitation, City Project No. 19-01 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 2019 Pavement Rehabilitation, City Project No. 19-01.
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E.   APPROVAL OF VARIOUS ACTIONS WITH THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS RELATING TO CONSTRUCTION OF THE CV LINK WITHIN PALM SPRINGS
RECOMMENDATION:
  1. Approve a License Agreement by and between the City of Palm Springs and the Coachella Valley Association of Governments to allow the use of the parcel adjacent to the Palm Springs Visitor Center (A.P.N. 504- 040-053) for the construction of the Visitor's Center Access Point for the CV Link.
  2. Approve a Cooperative Agreement by and between the Coachella Valley Association of Governments and the City of Palm Springs for CV Link Multi-Use Path Project in the City of Palm Springs (the "Sunrise Connector"), approve the plans, specifications and estimate, and authorize bidding of the CV Link "Sunrise Connector."
  3. Authorize the City Engineer to issue encroachment permits for the construction of the CV Link across City properties and within City rights-of-way.
  4. Authorize the City Manager to execute all necessary documents.
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F.   REQUEST FOR APPROVAL OF MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR A CLASS 1 HISTORIC SITE LOCATED AT 181 WEST MERITO PLACE (HSPB #121/HD-8)
RECOMMENDATION:
  1. Approve a Mills Act Historic Property Agreement between the City of Palm Springs, Douglas MacBeth and L. Stanley Deen and the Merito Manor Community Association, for 181 West Merito Place a Class 1 Historic Site (HSPB #121 HD-8).
  2. Authorize the City Manager to execute the Agreement.
  3. Direct the City Clerk to record the Agreement.
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G.   ACCEPT AND FILE THE ANNUAL PROGRESS REPORT (APR) FOR CALENDAR YEAR 2019 REGARDING THE IMPLEMENTATION OF THE CITY'S HOUSING ELEMENT TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
RECOMMENDATION:
  1. Accept the report as presented.
  2. Direct staff to make no changes to the report filed on April 1, 2020, with the California Department of Housing and Community Development and the Governor's Office of Planning and Research.
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H.   TERMINATION OF A CONSTRUCTION CONTRACT (A8486) WITH PAVEMENT COATINGS CO., A CALIFORNIA CORPORATION, FOR THE 2020 SLURRY SEAL, CITY PROJECT NO 19-02
RECOMMENDATION:

Authorize the City Engineer to issue a Notice of Termination prior to Expiration of Term per Article 2 of Agreement (A8486) with Pavement Coatings Co., for the 2020 Slurry Seal, City Project No. 19-02.
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I.   ACCEPTANCE OF THE FIRE SPRINKLER SYSTEM AT THE DEMUTH COMMUNITY CENTER, CITY PROJECT NO. 19-14
RECOMMENDATION:
  1. Accept the public works improvements identified as the Fire Sprinkler System at the Demuth Community Center, City Project No. 19-14, 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 System at the Demuth Community Center, City Project No. 19-14.
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J.   APPROVE ANNUAL INSURANCE POLICY RENEWALS FOR THE CITY'S INSURANCE PORTFOLIO FOR FISCAL YEAR 2020-21
RECOMMENDATION:

Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING KEENAN & ASSOCIATES AS THE CITY'S BROKER OF RECORD, TO PURCHASE PROPERTY, EARTHQUAKE/FLOOD (DIFFERENCE IN CONDITION), EXCESS LIABILITY, EXCESS WORKERS COMPENSATION, AIRPORT OWNERS AND OPERATORS LIABILITY, VILLAGE FEST LIABILITY, MULTl MEDIA LIABILITY, AIRCRAFT HULL LIABILITY, CRIME/FIDELITY, AND CYBER LIABILITY INSURANCE POLICIES FROM VARIOUS CARRIERS FOR POLICY YEAR 2020-2021, EFFECTIVE JULY 1, 2020."
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K.   AGREEMENT WITH KEENAN & ASSOCIATES FOR THIRD-PARTY LIABILITY CLAIMS ADMINISTRATOR SERVICES
RECOMMENDATION:
  1. Approve Agreement with Keenan and Associates for third-party liability claims administration (TPA) services, through June 30, 2025.
  2. Authorize the City Manager to execute all necessary documents.
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L.   AMENDMENT NO. 3 TO AIRPORT CAR RENTAL CONCESSIONAIRES AGREEMENT
RECOMMENDATION:
  1. Approve Amendment No. 3, providing an extension consisting of a one-year term, to all airport rental car concession agreements doing business as eight (8) car rental agencies at PSP which includes: Avis/Budget Car Rental, LLC; The Hertz Corporation; Enterprise Rent-A-Car, LLC d/b/a Alamo/National Car Rental; Enterprise Rent-A-Car Company of Los Angeles, and Dollar/Thrifty Rent-A-Car.
  2. Authorize the City Manager to execute all necessary documents.
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M.   RESOLUTION SUPPORTING ASSEMBLY CONSTITUTION AMENDMENT NO. 5, A CONSTITUTIONAL AMENDMENT FOR THE NOVEMBER 3, 2020, ELECTION, TO REPEAL PROPOSITION 209 AND REINSTATE AFFIRMATIVE ACTION IN PUBLIC CONTRACTING, HIRING AND PUBLIC EDUCATION
RECOMMENDATION:
  1. Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUPPORTING ASSEMBLY CONSTITUTION AMENDMENT NO. 5, A CONSTITUTIONAL AMENDMENT FOR THE NOVEMBER 3, 2020 ELECTION, TO REPEAL PROPOSITION 209 AND REINSTATE AFFIRMATIVE ACTION IN PUBLIC CONTRACTING, HIRING AND PUBLIC EDUCATION."
  2. Authorize the City staff to transmit such support to the authors of Assembly Constitution Amendment No. 5.
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N.   RESOLUTION OF INTENTION TO LEVY ASSESSMENTS FUNDING THE PALM SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT AND SETTING A TIME AND PLACE FOR THE PUBLIC HEARING
RECOMMENDATION:

Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO LEVY ASSESSMENTS FUNDING THE PALM SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT, AND SETTING JUNE 25, 2020, FOR THE PUBLIC HEARING."
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O.   APPROVAL TO EXTEND AGREEMENT NO. 6683 WITH SOCAL LAND MAINTENANCE, INC., FOR ROADSIDE MAINTENANCE OF SPECIFIED CITY STREETS AND RIGHT-OF-WAYS, TRANSIENT CAMP AND SHOPPING CART CLEAN-UP IN THE AMOUNT OF $95,823.72
RECOMMENDATION:
  1. Approve a six-month extension to the Contract Services Agreement No. 6683 with SoCal Land Maintenance, Inc. in the amount of $95,823.72 for the 2020/2021 fiscal year, terminating on October 21, 2020.
  2. Authorizing the City Manager to approve and execute all necessary documents.
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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.   A REQUEST TO AMEND THE CONDITIONS OF APPROVAL FOR THE CONDITIONAL USE PERMIT FOR THE WELL IN THE DESERT FACILITY AT 441 S. CALLE ENCILIA TO ALLOW THE INSTALLATION OF AN OUTDOOR SHADE STRUCTURE (CASE 5.1419 CUP)
RECOMMENDATION:
  1. Approve an amendment to Condition #PLN 19 to allow a permanent outdoor shade structure to be constructed in accordance with the submitted plans, and allow the outdoor area to be used by patrons only while mandatory social-distancing protocols are in place or during extreme weather events.
  2. As an alternative, approve an amendment to Condition #PLN 19 to allow a temporary tent structure on the property only while mandatory social-distancing protocols are in place.
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B.   PROPOSED ORDINANCE AMENDING PALM SPRINGS ZONING CODE SECTIONS 91.00.10AND 93.06.00 RELATING TO THE REQUIREMENTS FOR ELECTRIC VEHICLE CHARGING STATIONS (CASE 5.1505 ZTA)
RECOMMENDATION:

Waive the reading of the ordinance text in its entirety and read by title only; and introduce on first reading an Ordinance entitled, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 91.00.10 AND 93.06.00 OF THE PALM SPRINGS ZONING CODE RELATING TO THE REQUIREMENTS FOR ELECTRIC VEHICLE CHARGING STATIONS."
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3.   LEGISLATIVE: 
 
A.   AN URGENCY ORDINANCE AMENDING CERTAIN PROVISIONS OF THE CITY OF PALM SPRINGS MUNICIPAL CODE, REGARDING ENFORCEMENT OF THE PALM SPRINGS MUNICIPAL CODE AND EMERGENCY ORDERS ISSUED BY THE CITY OF PALM SPRINGS, INCLUDING REVOCATION OF BUSINESS LICENSES Click to View
 
4.   UNFINISHED BUSINESS:
 
A.   OVERVIEW OF THE REVISED FISCAL YEAR 2020-2021 COMPREHENSIVE BUDGET
RECOMMENDATION:

Provide direction to Staff on any changes to the revised FY 2020/2021 Comprehensive Budget and notice for a Public Hearing at the City Council Meeting of June 25, 2020.
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B.   DISCUSSION OF COMMUNITY DEVELOPMENT BLOCK GRANT 2020 - 2024 FIVE-YEAR CONSOLDIATED PLAN, 2020-2021 ANNUAL ACTION PLAN, CITIZEN PARTICIPATION PLAN AND CDBG 2020-2021 BUDGET
RECOMMENDATION:
  1. Discuss allocation of the 2020-2021 CDBG and CDBG-CV funds.
  2. Direct staff as appropriate.
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C.   UPDATE ON THE TEMPORARY EXPANSION OF OUTDOOR DINING AREAS, FOR BUSINESSES IMPACTED BY THE NOVEL CORONAVIRUS (COVID-19)
RECOMMENDATION:

Authorize Staff to waive the fee for Land Use Permits for temporary outdoor dining areas.
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D.   CONTINUED DISCUSSION AND POSSIBLE DIRECTION ON THE IMPACTS AND RESPONSE TO THE LOCAL EMERGENCY RELATED TO THE NOVEL CORONAVIRUS Click to View
 
5.   NEW BUSINESS: NONE
 
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.
 
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 June 5, 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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