Agenda

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

AMENDED REGULAR MEETING AGENDA
(The updates are highlighted in red text.)

SEPTEMBER 24, 2020
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).

September 24, 2020

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

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

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

David H. Ready, Esq., Ph.D., City Manager
Anthony J. Mejia, MMC, City Clerk
Marcus Fuller, MPA, P.E., P.L.S., Assistant City Manager
Jeffrey S. Ballinger, City Attorney
Nancy Pauley, Director of Finance and Treasurer

AGENDA EN ESPAÑOL DISPONIBLE EL SÁBADO - HAGA CLIC AQUÍ Click to View

3:00 P.M. CLOSED SESSION

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CALL TO ORDER:

PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY: The City Council welcomes public input. Pursuant to State Law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). If you are compensated to communicate with City officials, you may be required to register and/or make certain disclosures as a lobbyist, please see the City Clerk for additional information.

RECESS TO CLOSED SESSION: See Closed Session Agenda.

5:30 P.M. REGULAR MEETING

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:

PRESENTATIONS:

ACCEPTANCE OF THE AGENDA: The City Council will discuss the order of the agenda, may amend the order, add urgency items, note abstentions or "no" votes on Consent Calendar items, and request Consent Calendar items be removed from the Consent Calendar for discussion. The City Council may also remove items from the Consent Calendar prior to that portion of the Agenda.

REPORT OF CLOSED SESSION:

PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY)
This time has been set aside for members of the public to address the City Council only on agenda items. Two (2) minutes will be assigned to each speaker. Testimony for Public Hearings will only be taken at the time of the hearing, and General Public Comments, non-agenda items, will be taken later in the meeting.

CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS: This time is set aside for the City Council to provide additional general comments, reports, and announcements. Additionally, this time is set aside for the City Manager to update the City Council on important items initiated by staff or previously requested by the City Council.

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 July 23, 2020, and August 20, 2020. Click to View

APPROVAL OF PAYROLL WARRANTS, CLAIMS, AND DEMANDS
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 08-22-2020 TOTALING $1,631,982.62 AND ACCOUNTS PAYABLE WARRANTS DATED 08-13-2020 AND 08-20-2020 TOTALING $1,473,070.12, IN THE AGGREGATE AMOUNT OF $3,105,052.74, DRAWN ON BANK OF AMERICA."
Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 08-08-2020 TOTALING $1,634,396.63 AND ACCOUNTS PAYABLE WARRANTS DATED 08-06-2020 TOTALING $5,415,675.19, IN THE AGGREGATE AMOUNT OF $7,050,071.82, DRAWN ON BANK OF AMERICA."

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STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTHS OF JULY AND AUGUST 2020
RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of July 1, 2020, through August 31, 2020. Click to View

DESIGNATION OF A VOTING DELEGATE FOR THE 2020/21 EXECUTIVE COMMITTEE ELECTIONS FOR THE RIVERSIDE COUNTY DIVISION OF THE LEAGUE OF CALIFORNIA CITIES
RECOMMENDATION:

Designate Lisa Middleton as the Voting Delegate for the 2020/21 Executive Committee election for the Riverside County Division of the League of California Cities. Click to View

APPROPRIATION OF $14,000 FROM UNRESTRICTED GENERAL FUND BALANCE FOR AN APPRAISAL OF THE TAHQUITZ CREEK GOLF COURSE AND RELATED PROPERTIES
RECOMMENDATION:

Approve an appropriation of $14,000 from unrestricted General Fund balance and authorize a transfer to the Economic Development Department for the purpose of funding 50% of the cost of an appraisal of the City's golf course properties. Click to View

SECOND READING AND ADOPTION OF 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
RECOMMENDATION:

Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 2031 entitled, "AN ORDINANCE OF THE CITY COUNCIL 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." Click to View

SECOND READING AND ADOPTION OF ORDINANCE NO. 2030 OF THE CITY OF PALM SPRINGS, CALIFORNIA, RELATIVE TO MINOR UPDATES TO THE HISTORIC PRESERVATION ORDINANCE (CASE 5.1454 ZTA)
RECOMMENDATION:

Waive the second reading of the text in its entirety, read by title only, and adopt Ordinance No. 2030, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING MUNICIPAL CODE SECTION 8.05 ("HISTORIC PRESERVATION"). Click to View

APPROVAL OF AMENDMENT NO. 3 TO EXTEND CONTRACT SERVICE AGREEMENT NUMBER 6683 (A6683) WITH SOCAL LAND MAINTENANCE, INC. FOR ROADSIDE MAINTENANCE AND TRANSIENT CAMP CLEANUP SERVICES
RECOMMENDATION:

Approve Amendment No. 3 to Agreement No. 6683 with So Cal Land Maintenance, Inc., in the total amount of $87,362.50, extending the contract term an additional six (6) months.
Authorize the City Manager to execute all necessary documents.

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DECLARE CITY-OWNED LAND AS SURPLUS TO ALLOW FOR THE DISPOSITION OF PROPERTIES IN ACCORDANCE WITH AB 1486 SURPLUS LAND ACT
RECOMMENDATION:

Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING CITY-OWNED PROPERTY DESCRIBED HEREIN, AS SURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220 ET SEQ., AS AMENDED ON JANUARY 1, 2020, FOR THE SALE OF SURPLUS LAND." Click to View

REQUEST BY TAMARA PAULSON AND ANTHONY REDON, OWNERS, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 360 CABRILLO ROAD UNIT 227, A CONTRIBUTING STRUCTURE IN THE RACQUET CLUB COTTAGES WEST HISTORIC DISTRICT (APN #501-131-034), (HSPB #88 / HD-3)
RECOMMENDATION:

Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Tamara Paulson and Anthony Redon and the Racquet Club Cottages West Homeowners Association for 360 Cabrillo Road, Unit 227.
Authorize the City Manager to execute the Agreement.
Direct the City Clerk to record the Agreement with the County of Riverside.

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REQUEST BY JEFFREY ALLEN WILKES AND GAN TEOW HOOI, OWNERS FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 640 NORTH BELARDO ROAD, A CONTRIBUTING STRUCTURE IN THE MERITO MANOR HISTORIC DISTRICT (APN #505-302-015), (HSPB #121 / HD-8)
RECOMMENDATION:

Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Jeffrey Allen Wilkes, Gan Teow Hooi and the Merito Manor Homeowners Association.
Authorize the City Manager to execute the Agreement.
Direct the City Clerk to record the Agreement with the County of Riverside.

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REQUEST BY THE AMERICAN LEGION DEPARTMENT OF CALIFORNIA POST #519 FOR APPROVAL OF MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR THE AMERICAN LEGION POST #519, A CLASS 1 HISTORIC SITE LOCATED AT 400 NORTH BELARDO ROAD (APN #513-082-021), (HSPB #36)
RECOMMENDATION:

Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and the American Legion Department of California, Post #519.
Authorize the City Manager to execute the Agreement.
Direct the City Clerk to record the Agreement with the County of Riverside.

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APPROVAL OF A RESOLUTION OF INTENTION TO FORM THE PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2020-1 (CANYON VIEW) AND A RESOLUTION DECLARING THE NECESSITY TO INCUR BONDED INDEBTEDNESS
RECOMMENDATION:

Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2020-1 (CANYON VIEW) OF THE CITY OF PALM SPRINGS."
Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE NECESSITY FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2020-1 (CANYON VIEW) OF THE CITY OF PALM SPRINGS TO INCUR BONDED INDEBTEDNESS."
Schedule a Public Hearing for November 12, 2020, regarding matters related to the Canyon View Community Facilities District formation.

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REQUEST BY U.S. CONFERENCE OF MAYORS TO SIGN ON TO STATEMENT OF SUPPORT FOR HUMAN RIGHTS IN THE UNITED STATES
RECOMMENDATION:

Approve the City of Palm Springs to sign on to a statement in support of human rights from the United States Conference of Mayors.
Authorize the Mayor to sign on to such statement on behalf of the City of Palm Springs.

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

PUBLIC HEARINGS:

APPEAL BY SIMON CRE SUMMIT IIl, LLC, OF THE PLANNING COMMISSION ACTION TO DENY A CONDITIONAL USE PERMIT AND A MAJOR ARCHITECTURAL APPLICATION FOR THE CONSTRUCTION OF A 3,071-SQUARE FOOT CONVENIENCE STORE AND FUELING STATION LOCATED AT 2444 NORTH PALM CANYON DRIVE, ZONE C- 1, SECTION 3 (CASE 5.1498 CUP & 3.4148 MAJ)
RECOMMENDATION:

Open the hearing and receive testimony.
Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, GRANTING THE APPEAL FILED BY SIMON CRE SUMMIT Ill, LLC., AND OVERTURNING THE PLANNING COMMISSION DENIAL OF A CONDITIONAL USE PERMIT AND MAJOR ARCHITECTURAL APPLICATION FOR THE CONSTRUCTION OF A 3,071- SQUARE FOOT CONVENIENCE STORE AND FUELING STATION LOCATED AT 2444 NORTH PALM CANYON DRIVE."

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CONDUCT A PUBLIC HEARING UNDER SECTION 53083 OF THE CALIFORNIA GOVERNMENT CODE TO APPROVE A HOTEL OPERATIONS COVENANT BETWEEN THE CITY OF PALM SPRINGS AND RESORTS PALM SPRINGS, LLC, A CALIFORNIA LIMITED COMPANY, (SANTIAGO RESORT HOTEL) PURSUANT TO THE CITY'S HOTEL OPERATIONS INCENTIVE PROGRAM
RECOMMENDATION:

Open the public hearing and receive public testimony.
Approve a Hotel Operations Covenant Agreement with Resorts Palm Springs, LLC for the Santiago Resort Hotel located at 650 East San Lorenzo Road.
Authorize the City Manager to execute all necessary documents.

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LEGISLATIVE:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CALIFORNIA, AMENDING CHAPTER 8.80 OF THE PALM SPRINGS MUNICIPAL CODE ENTITLED "VACANT BUILDINGS; BLIGHTED PROPERTIES"
RECOMMENDATION:

Waive reading of the text and introduce for first reading an Ordinance entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 8.80 OF THE PALM SPRINGS MUNICIPAL CODE ENTITLED 'VACANT BUILDINGS; BLIGHTED PROPERTIES'." Click to View

DISCUSSION REGARDING TEMPORARY MORATORIUM ON EVICTIONS FOR COMMERCIAL TENANCIES AND POSSIBLE EXTENSION, TERMINATION OR MODIFICATION OF SUCH MORATORIUM
RECOMMENDATION:

Discuss and decide whether to extend, terminate or modify the existing moratorium on commercial evictions, which is currently set to expire on September 30, 2020. Click to View

UNFINISHED BUSINESS: NONE

NEW BUSINESS:

REQUEST BY ROBERT DIVITO OF E7 PALM SPRINGS, LLC FOR ADMINISTRATIVE MINOR MODIFICATION (AMM) APPROVAL FOR RELIEF FROM THE FIVE HUNDRED (500)-FOOT MINIMUM SEPARATION DISTANCE REQUIREMENT BETWEEN CANNABIS DISPENSARIES AND CANNABIS LOUNGES AT 240 & 242 NORTH PALM CANYON DRIVE, ZONE CBD, (CASE 7.1603 AMM)
RECOMMENDATION:

Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ADMINISTRATIVE MINOR MODIFICATION (AMM) WHICH GRANTS RELIEF FROM THE FIVE HUNDRED (500)-FOOT-MINIMUM SEPARATION DISTANCE REQUIREMENT BETWEEN CANNABIS DISPENSARIES AND CANNABIS LOUNGES FOR ELEMENT 7 AT 240 & 242 NORTH PALM CANYON DRIVE (CASE 7.1603 AMM)." Or, as an alternative
Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING AN ADMINISTRATIVE MINOR MODIFICATION (AMM) WHICH GRANTS RELIEF FROM THE FIVE HUNDRED (500)-FOOT-MINIMUM SEPARATION DISTANCE REQUIREMENT BETWEEN CANNABIS DISPENSARIES AND CANNABIS LOUNGES FOR ELEMENT 7 AT 240 & 242 NORTH PALM CANYON DRIVE (CASE 7.1603AMM)."

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CALIFORNIA'S BEST, LLC (PRIME DNA CANNABIS) REQUESTING AN ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENT FOR A CANNABIS DISPENSARY/ LOUNGE AT 1227 SOUTH GENE AUTRY TRAIL (CASE 7.1605AMM)
RECOMMENDATION:

Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ADMINISTRATIVE MINOR MODIFICATION (AMM) WHICH GRANTS RELIEF FROM THE FIVE HUNDRED (500)-FOOT-MINIMUM SEPARATION DISTANCE REQUIREMENT BETWEEN CANNABIS DISPENSARIES AND CANNABIS LOUNGES FOR PRIME DNA CANNABIS DISPENSARY & LOUNGE LOCATED AT 1227 SOUTH GENE AUTRY TRAIL (CASE 7.1605 AMM);" or, as an alternative
Adopt 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 FOR PRIME DNA CANNABIS DISPENSARY & LOUNGE LOCATED AT 1227 SOUTH GENE AUTRY TRAIL (CASE 7.1605 AMM)."

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FISCAL YEAR 2019/2020 GENERAL FUND REVIEW
RECOMMENDATION:

Provide direction to staff as appropriate. Click to View

REQUEST BY DESERT VALLEYS BUILDERS ASSOCIATION (DVBA) FOR AN INCREASE IN THE NUMBER OF COMMUNITY DIRECTIONAL REAL ESTATE SIGNS ALLOWED UNDER THE APPROVED AGREEMENT WITH THE CITY OF PALM SPRINGS
RECOMMENDATION:

Direct Staff as appropriate regarding DVBA's request for additional signage as illustrated on the Community Direction Sign Program map dated 04/28/20, and regarding the revisions to the agreement with DVBA.
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PUBLIC COMMENT: (Non-Agenda Items) This time has been set aside for members of the public to address the City Council on items of general interest within the subject matter jurisdiction of the City. Although the City Council values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Two (2) minutes will be assigned to each speaker. Public Comment for non-agenda items will occur before or at 9:00 p.m. or soon thereafter.

CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT: This time is set aside for the City Council to make requests of staff, and/or issues of concern to Councilmembers are briefly presented, prioritized and set for future meeting dates.

ADJOURNMENT

AFFIDAVIT OF POSTING

State of California )
County of Riverside ) ss.
City of Palm Springs )

I, John Paul Maier, Chief Deputy City Clerk of the City of Palm Springs, California, hereby certify this Agenda was delivered to each member of the City Council, provided to all parties who have requested such notice, posted at City Hall before 5:00 p.m., on September 18, 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.