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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

PRESENTATIONS:

A. BUDGET UPDATE

B. MAJOR PROJECTS UPDATE

C. COVID-19 UPDATE

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.

R. APPROVAL OF A PIPELINE CROSSING AGREEMENT WITH UNION PACIFIC RAILROAD FOR CONSTRUCTION OF A SEWER LINE EXTENSION ON INDIAN CANYON DRIVE WITHIN RAILROAD RIGHT OF WAY; APPROVAL OF A SUPPLEMENTAL AGREEMENT TO THE PUBLIC HIGHWAY OVERPASS CROSSING AGREEMENT (A6956) WITH THE UNION PACIFIC RAILROAD COMPANY; AND AUTHORIZATION TO APPROVE THE EXTENSION OF TEMPORARY CONSTRUCTION EASEMENT AGREEMENTS FOR THE INDIAN CANYON DRIVE WIDENING AND BRIDGE REPLACEMENT, CITY PROJECT NO. 01-11, FEDERAL AID PROJECT NO. BRLO 5282 (017) RECOMMENDATION: Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO APPROVE THE EXTENSION OF TEMPORARY CONSTRUCTION EASEMENT AGREEMENTS FOR THE INDIAN CANYON DRIVE WIDENING AND BRIDGE REPLACEMENT, CITY PROJECT NO. 01-11, FEDERAL AID PROJECT NO. BRLO 5282 (017)." Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A SUPPLEMENTAL AGREEMENT TO PUBLIC HIGHWAY OVERPASS AGREEMENT (A6956) WITH THE UNION PACIFIC RAILROAD COMPANY FOR THE INDIAN CANYON DRIVE WIDENING AND BRIDGE REPLACEMENT, CITY PROJECT NO. 01-11, FEDERAL AID PROJECT NO. BRLO 5282 (017)." Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PIPELINE CROSSING AGREEMENT WITH THE UNION PACIFIC RAILROAD COMPANY FOR THE EXTENSION OF A SEWER LINE WITHIN AND ACROSS UNION PACIFIC RAILROAD COMPANY RIGHT OF WAY TO BE CONSTRUCTED AS PART OF THE INDIAN CANYON DRIVE WIDENING AND BRIDGE REPLACEMENT, CITY PROJECT NO. 01-11, FEDERAL AID PROJECT NO. BRLO 5282 (017)." Authorize the City Manager to execute all necessary documents.

T. APPROVAL OF FIVE TRAFFIC CALMING REQUESTS IN THE AMOUNT OF $150,000 WITHIN THE CITY, AND AUTHORIZATION TO PURCHASE AND IMPLEMENT THE TRAFFIC CALMING MEASURES RECOMMENDATION: Approve the following traffic calming requests: a) Desert Highland Gateway Estates Neighborhood: Installation of three sets of rubberized speed cushions ("speed humps"), associated signage, and striping on Tramview Road between Eastgate Road and El Dorado Boulevard. b) Desert Highland Gateway Estates Neighborhood: Installation of three sets of rubberized speed cushions ("speed humps"), associated signage, and striping on Rosa Parks Road between Eastgate Road and El Dorado Boulevar. c) Demuth Park Neighborhood: Installation of one set of rubberized speed cushions ("speed humps"), associated signage, and striping on Mesquite Avenue between El Cielo Road and Mountain View Drive. d) Demuth Park Neighborhood: Installation of one set of rubberized speed cushions ("speed humps"), associated signage, and striping on Mesquite Avenue between Park Access Road and Nueva Vista Drive. e) Demuth Park Neighborhood: Installation of solar powered LED stop signs at Mesquite Avenue/ Park Access Road and at Mesquite Avenue/ Calle Santa Cruz. f) Melody Ranch Neighborhood: Installation of parking lane and traffic striping along both sides of Seven Lakes Drive from Cherokee Way to Gene Autry Trail, and authorization to install two speed feedback signs if recommended by the City Engineer after further evaluation of the effects of the parking lane and traffic striping. g) Little Tuscany Neighborhood: Modification of existing traffic calming devices on West Racquet Club Road to eliminate one temporary traffic circle previously installed between Leonard Road and Tuscan Road. h) Tahquitz River Estates Neighborhood: Installation of three sets of rubberized speed cushions ("speed humps"), associated signage, and striping on South Riverside Drive between Camino Real and Sunrise Way. Authorize Staff to purchase and implement the traffic calming measures at a cost not to exceed $150,000. Authorize the City Manager to execute all necessary documents.

X. TEMPORARY WAIVER OF LAND USE PERMIT FEES RELATING TO OUTDOOR DINING AND PORTABLE SIGNS RECOMMENDATION: Ratify and confirm the City Council's prior authorization to temporarily waive the Land Use Permit application fee for expanded outdoor dining through June 30, 2021. Temporarily waive the Land Use Permit application fee for portable signs through June 30, 2021.

Y. RECEIVE AND FILE REPORT ON THE PUBLIC ARTS COMMISSION DOWNTOWN BENCH ART PILOT PROGRAM RECOMMENDATION: Receive report and direct staff as appropriate.

Z. REQUEST BY COUNTY OF SANTA CLARA AND CITY OF CHICAGO TO JOIN IN AN AMICUS CURIAE BRIEF BEFORE THE SOUTHERN DISTRICT OF NEW YORK INVOLVING THE AFFORDABLE CARE ACT (ACA) – NEW YORK, ET AL. V. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS) RECOMMENDATION: Approve the City of Palm Springs joining an amicus curiae brief filed by the County of Santa Clara, California and City of Chicago in support of the plaintiff States in New York, et al. v. HHS, 1:20-cv-5583. Authorize the City Attorney to sign on to such brief on behalf of the City of Palm Springs.

2. PUBLIC HEARINGS:

A. AN APPLICATION BY THE CITY OF PALM SPRINGS FOR CLASS 1 HISTORIC RESOURCE DESIGNATION OF "THE LAS PALMAS LIQUOR STORE BUILDING" LOCATED AT 1595 NORTH PALM CANYON DRIVE, APN #505-165-010 (CASE HSPB #127) RECOMMENDATION: Open the public hearing and receive public testimony. Close the public hearing and adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING "THE LAS PALMAS LIQUOR STORE" LOCATED AT 1595 NORTH PALM CANYON DRIVE, AS HISTORIC RESOURCE HSPB #127, SUBJECT TO CONDITIONS (APN 505-165-010)."

B. PROPOSED MINOR CHANGES AND CORRECTIONS TO THE HISTORIC PRESERVATION ORDINANCE (CASE 5.1454 ZTA) RECOMMENDATION: Open the public hearing and receive testimony. 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 COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING MUNICIPAL CODE SECTION 8.05 ("HISTORIC PRESERVATION")."

3. LEGISLATIVE:

A. REQUEST TO AMEND THE PALM SPRINGS MUNICIPAL CODE TO ESTABLISH THE NAME OF THE DEVELOPMENT SERVICES DEPARTMENT AND UPDATE THE ASSOCIATED TITLES AND REFERENCES THEREIN 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 THE PALM SPRINGS MUNICIPAL CODE TO ESTABLISH THE NAME OF THE DEVELOPMENT SERVICES DEPARTMENT AND TO UPDATE THE ASSOCIATED TITLES AND REFERENCES THEREIN."

4. UNFINISHED BUSINESS:

A. DISCUSSION OF TEMPORARY MORATORIUM ON EVICTIONS AND IMPACT OF ASSEMBLY BILL 3088, REGARDING NONPAYMENT OF RENT DUE TO COVID-19 RECOMMENDATION: Discuss and provide direction regarding potential protections for tenants and landlords, due to the economic effects of COVID-19.

5. NEW BUSINESS:

A. ADOPTION OF A RESOLUTION TO ESTABLISH ADDITIONAL CRITERIA FOR CONSIDERATION OF WAIVERS FROM SEPARATION REQUIREMENTS FOR CANNABIS DISPENSARIES AND CANNABIS LOUNGES RECOMMENDATION: Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CRITERIA FOR CONSIDERATION OF REQUESTS FOR WAIVERS OF CERTAIN CANNABIS BUSINESS SEPARATION REQUIREMENTS."

B. FIRE DEPARTMENT RADIO COMMUNICATIONS INFRASTRUCTURE UPGRADE RECOMMENDATION: In accordance with Palm Springs Municipal Code Section 7 .04.030, "Special Expertise Procurement," and Section 7.09.010, "Cooperative Purchasing Programs," approve a cooperative purchase from Airwave Communications Enterprises of a KAIROS Simulcast Repeater system using the Houston-Galveston Area Council of Governments (HGACBuy) Cooperative Purchasing Program Contract #RA05-18, inclusive of installation, in the total amount of $257,329. Approve a budget appropriation from the General Fund Unappropriated Balance in the amount of $257,329. Authorize the City Manager to execute all necessary documents.

C. DIRECTION REGARDING THE ESTABLISHMENT OF AN EQUITY AND SOCIAL JUSTICE COMMITTEE RECOMMENDATION: Provide direction to staff as appropriate.

7. 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.

Sep 10, 2020 City Council Regular Meeting

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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

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:

PRESENTATIONS:

A. BUDGET UPDATE

B. MAJOR PROJECTS UPDATE

C. COVID-19 UPDATE

REPORT OF CLOSED SESSION:

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.

R. APPROVAL OF A PIPELINE CROSSING AGREEMENT WITH UNION PACIFIC RAILROAD FOR CONSTRUCTION OF A SEWER LINE EXTENSION ON INDIAN CANYON DRIVE WITHIN RAILROAD RIGHT OF WAY; APPROVAL OF A SUPPLEMENTAL AGREEMENT TO THE PUBLIC HIGHWAY OVERPASS CROSSING AGREEMENT (A6956) WITH THE UNION PACIFIC RAILROAD COMPANY; AND AUTHORIZATION TO APPROVE THE EXTENSION OF TEMPORARY CONSTRUCTION EASEMENT AGREEMENTS FOR THE INDIAN CANYON DRIVE WIDENING AND BRIDGE REPLACEMENT, CITY PROJECT NO. 01-11, FEDERAL AID PROJECT NO. BRLO 5282 (017) RECOMMENDATION: Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO APPROVE THE EXTENSION OF TEMPORARY CONSTRUCTION EASEMENT AGREEMENTS FOR THE INDIAN CANYON DRIVE WIDENING AND BRIDGE REPLACEMENT, CITY PROJECT NO. 01-11, FEDERAL AID PROJECT NO. BRLO 5282 (017)." Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A SUPPLEMENTAL AGREEMENT TO PUBLIC HIGHWAY OVERPASS AGREEMENT (A6956) WITH THE UNION PACIFIC RAILROAD COMPANY FOR THE INDIAN CANYON DRIVE WIDENING AND BRIDGE REPLACEMENT, CITY PROJECT NO. 01-11, FEDERAL AID PROJECT NO. BRLO 5282 (017)." Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PIPELINE CROSSING AGREEMENT WITH THE UNION PACIFIC RAILROAD COMPANY FOR THE EXTENSION OF A SEWER LINE WITHIN AND ACROSS UNION PACIFIC RAILROAD COMPANY RIGHT OF WAY TO BE CONSTRUCTED AS PART OF THE INDIAN CANYON DRIVE WIDENING AND BRIDGE REPLACEMENT, CITY PROJECT NO. 01-11, FEDERAL AID PROJECT NO. BRLO 5282 (017)." Authorize the City Manager to execute all necessary documents.

T. APPROVAL OF FIVE TRAFFIC CALMING REQUESTS IN THE AMOUNT OF $150,000 WITHIN THE CITY, AND AUTHORIZATION TO PURCHASE AND IMPLEMENT THE TRAFFIC CALMING MEASURES RECOMMENDATION: Approve the following traffic calming requests: a) Desert Highland Gateway Estates Neighborhood: Installation of three sets of rubberized speed cushions ("speed humps"), associated signage, and striping on Tramview Road between Eastgate Road and El Dorado Boulevard. b) Desert Highland Gateway Estates Neighborhood: Installation of three sets of rubberized speed cushions ("speed humps"), associated signage, and striping on Rosa Parks Road between Eastgate Road and El Dorado Boulevar. c) Demuth Park Neighborhood: Installation of one set of rubberized speed cushions ("speed humps"), associated signage, and striping on Mesquite Avenue between El Cielo Road and Mountain View Drive. d) Demuth Park Neighborhood: Installation of one set of rubberized speed cushions ("speed humps"), associated signage, and striping on Mesquite Avenue between Park Access Road and Nueva Vista Drive. e) Demuth Park Neighborhood: Installation of solar powered LED stop signs at Mesquite Avenue/ Park Access Road and at Mesquite Avenue/ Calle Santa Cruz. f) Melody Ranch Neighborhood: Installation of parking lane and traffic striping along both sides of Seven Lakes Drive from Cherokee Way to Gene Autry Trail, and authorization to install two speed feedback signs if recommended by the City Engineer after further evaluation of the effects of the parking lane and traffic striping. g) Little Tuscany Neighborhood: Modification of existing traffic calming devices on West Racquet Club Road to eliminate one temporary traffic circle previously installed between Leonard Road and Tuscan Road. h) Tahquitz River Estates Neighborhood: Installation of three sets of rubberized speed cushions ("speed humps"), associated signage, and striping on South Riverside Drive between Camino Real and Sunrise Way. Authorize Staff to purchase and implement the traffic calming measures at a cost not to exceed $150,000. Authorize the City Manager to execute all necessary documents.

X. TEMPORARY WAIVER OF LAND USE PERMIT FEES RELATING TO OUTDOOR DINING AND PORTABLE SIGNS RECOMMENDATION: Ratify and confirm the City Council's prior authorization to temporarily waive the Land Use Permit application fee for expanded outdoor dining through June 30, 2021. Temporarily waive the Land Use Permit application fee for portable signs through June 30, 2021.

Y. RECEIVE AND FILE REPORT ON THE PUBLIC ARTS COMMISSION DOWNTOWN BENCH ART PILOT PROGRAM RECOMMENDATION: Receive report and direct staff as appropriate.

Z. REQUEST BY COUNTY OF SANTA CLARA AND CITY OF CHICAGO TO JOIN IN AN AMICUS CURIAE BRIEF BEFORE THE SOUTHERN DISTRICT OF NEW YORK INVOLVING THE AFFORDABLE CARE ACT (ACA) – NEW YORK, ET AL. V. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS) RECOMMENDATION: Approve the City of Palm Springs joining an amicus curiae brief filed by the County of Santa Clara, California and City of Chicago in support of the plaintiff States in New York, et al. v. HHS, 1:20-cv-5583. Authorize the City Attorney to sign on to such brief on behalf of the City of Palm Springs.

2. PUBLIC HEARINGS:

A. AN APPLICATION BY THE CITY OF PALM SPRINGS FOR CLASS 1 HISTORIC RESOURCE DESIGNATION OF "THE LAS PALMAS LIQUOR STORE BUILDING" LOCATED AT 1595 NORTH PALM CANYON DRIVE, APN #505-165-010 (CASE HSPB #127) RECOMMENDATION: Open the public hearing and receive public testimony. Close the public hearing and adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING "THE LAS PALMAS LIQUOR STORE" LOCATED AT 1595 NORTH PALM CANYON DRIVE, AS HISTORIC RESOURCE HSPB #127, SUBJECT TO CONDITIONS (APN 505-165-010)."

B. PROPOSED MINOR CHANGES AND CORRECTIONS TO THE HISTORIC PRESERVATION ORDINANCE (CASE 5.1454 ZTA) RECOMMENDATION: Open the public hearing and receive testimony. 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 COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING MUNICIPAL CODE SECTION 8.05 ("HISTORIC PRESERVATION")."

3. LEGISLATIVE:

A. REQUEST TO AMEND THE PALM SPRINGS MUNICIPAL CODE TO ESTABLISH THE NAME OF THE DEVELOPMENT SERVICES DEPARTMENT AND UPDATE THE ASSOCIATED TITLES AND REFERENCES THEREIN 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 THE PALM SPRINGS MUNICIPAL CODE TO ESTABLISH THE NAME OF THE DEVELOPMENT SERVICES DEPARTMENT AND TO UPDATE THE ASSOCIATED TITLES AND REFERENCES THEREIN."

4. UNFINISHED BUSINESS:

A. DISCUSSION OF TEMPORARY MORATORIUM ON EVICTIONS AND IMPACT OF ASSEMBLY BILL 3088, REGARDING NONPAYMENT OF RENT DUE TO COVID-19 RECOMMENDATION: Discuss and provide direction regarding potential protections for tenants and landlords, due to the economic effects of COVID-19.

5. NEW BUSINESS:

A. ADOPTION OF A RESOLUTION TO ESTABLISH ADDITIONAL CRITERIA FOR CONSIDERATION OF WAIVERS FROM SEPARATION REQUIREMENTS FOR CANNABIS DISPENSARIES AND CANNABIS LOUNGES RECOMMENDATION: Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CRITERIA FOR CONSIDERATION OF REQUESTS FOR WAIVERS OF CERTAIN CANNABIS BUSINESS SEPARATION REQUIREMENTS."

B. FIRE DEPARTMENT RADIO COMMUNICATIONS INFRASTRUCTURE UPGRADE RECOMMENDATION: In accordance with Palm Springs Municipal Code Section 7 .04.030, "Special Expertise Procurement," and Section 7.09.010, "Cooperative Purchasing Programs," approve a cooperative purchase from Airwave Communications Enterprises of a KAIROS Simulcast Repeater system using the Houston-Galveston Area Council of Governments (HGACBuy) Cooperative Purchasing Program Contract #RA05-18, inclusive of installation, in the total amount of $257,329. Approve a budget appropriation from the General Fund Unappropriated Balance in the amount of $257,329. Authorize the City Manager to execute all necessary documents.

C. DIRECTION REGARDING THE ESTABLISHMENT OF AN EQUITY AND SOCIAL JUSTICE COMMITTEE RECOMMENDATION: Provide direction to staff as appropriate.

7. 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.

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

PRESENTATIONS:

2. PUBLIC HEARINGS:

3. LEGISLATIVE:

4. UNFINISHED BUSINESS:

5. NEW BUSINESS:

Sep 10, 2020 City Council Regular Meeting

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

PRESENTATIONS:

2. PUBLIC HEARINGS:

3. LEGISLATIVE:

4. UNFINISHED BUSINESS:

5. NEW BUSINESS:

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