HomeMy WebLinkAbout2019-07-24 CC MINUTESWednesday, July 24, 2019
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 Moon on
Wednesday, July 24, 2019, at 6:08 p.m., in the Council Chamber, City Hall, located at
3200 E. Tahquitz Canyon Way, Palm Springs, California.
PLEDGE OF ALLEGIANCE:
Mayor Moon led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Christy Holstege, Lisa Middleton, J.R. Roberts; Mayor Pro Tem
Geoff Kors; and Mayor Robert Moon.
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:
A. PROPOSITION 68 GRANT PROGRESS UPDATE
Director of Parks and Recreation Alvarado narrated a PowerPoint presentation displaying
conceptual drawings for Whitewater Park and provided an update on the Proposition 68 grant
process.
B. JEREMY WITTIE, GENERAL MANAGER, COACHELLA VALLEY MOSQUITO
AND VECTOR CONTROL DISTRICT PRESENTATION
Jeremy Wittie, representing the Coachella Valley Mosquito and Vector Control District
narrated a PowerPoint presentation regarding mosquito and vector-borne disease control
efforts. In response to City Council inquir y, Mr. Wittie advised that the District utilizes pest
control products which have been approved by the Environmental Protection Agency.
City Council Minutes July 24, 2019
City of Palm Springs Page 2
ACCEPTANCE OF THE AGENDA:
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to remove Consent Calendar Item Nos. 1A, 1E, 1Q, 1S, and 1Y
for separate discussion.
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of July 24, 2019, was called to order by Mayor
Moon at 4:30 p.m., with all members present.
City Attorney Ballinger requested that the City Council add one Closed Session Item to the agenda
(identified by italic font), noting that there is a need to immediately discuss, and possibly provide
direction to staff, and that the need for action came to the attention of the City subsequent to the
posting of the agenda.
The meeting convened into Closed Session to discuss the following items as listed on the Regular
Closed Session Meeting Agenda:
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, Pursuant to
Government Code Section 54956.9(d)(1):
City of Palm Springs v. O&M (Prairie Schooner),
Case No. PSC1701804, Superior Court of the State of California, County of Riverside
4328 Lockwood Avenue v. City of Palm Springs,
Case No. RIC 1703102, Superior Court of the State of California, County of Riverside
NDC v. Palm Springs,
Case No. PSC 1807579 /US Dist. Ct. Case No. 5:19-CV-00100-JGB(SHKx)
Superior Court of the State of California, County of Riverside
Apling v. City of Palm Springs,
Case Nos. PSC1801693/PSC1801694, Superior Court of the State of California,
County of Riverside
Huerto v. City of Palm Springs,
Case No. PSC1602732, Superior Court of the State of California, County of Riverside
Haner v. City of Palm Springs
Case No. PSC 1903349, Superior Court of the State of California, County of Riverside
City Council Minutes July 24, 2019
City of Palm Springs Page 3
CONFERENCE WITH LEGAL COUNSEL – EXPOSURE TO LITIGATION, Pursuant to
Government Code Section 54956.9(d)(2):
Seven (7) 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 five (5) matters the City Council has
decided or may decide to initiate litigation.
PUBLIC EMPLOYEE EVALUATION, Pursuant to Government Code Section 54956.8:
City Manager
CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code
Section 54956.8:
Property Address/Description: 980 E. Tahquitz Canyon Way, APN 508-056-010
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: Palm Springs Unified School District; Sandra Lyon,
Superintendent
Under Negotiation: Price and Terms of Payment (Lease)
Property Address/Description: 538 North Palm Canyon Drive, Palm Springs
Agency: City of Palm Springs
City Negotiator: David Ready, City Manager or Designee
Negotiating Parties: W. Layne, President
Palm Canyon Theatre
Under Negotiation: Price and Terms of Payment (Lease)
Property Address/Description: 550 North Palm Canyon Drive, Palm Springs
Agency: City of Palm Springs
City Negotiator: David Ready, City Manager or Designee
Negotiating Parties: Jonathan Cassie, President
Desert Arts Center
Under Negotiation: Price and Terms of Payment (Lease)
Property Address/Description: Palm Springs Convention Center,
277 N. Avenida Caballeros
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or designee
Negotiating Parties: AEG Facilities LLC
Under Negotiation: Price and Terms
City Council Minutes July 24, 2019
City of Palm Springs Page 4
Property Address/Description: 3400 Tahquitz Canyon Way, Palm Springs, CA
(portion(s))
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: Vacant Land (Golf Course Driving Range)
APN: 680-180-047
Agency: City of Palm Springs
City Negotiator: David Ready, City Manager or Designee
Negotiating Parties: Mark Krause, General Manager, Desert Water Agency
Under Negotiation: Price and Terms of Payment (Lease)
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:
Buddy Friedman, speaking on Item 5B, spoke in support of the Widmer family and their proposed
cannabis dispensary and lounge.
Jim Gross, speaking on Item 5A, opined that the City Council should place a moratorium on all
cannabis-related business permits.
Ruwan Wickramasinghe, speaking on Item 5A, stated that he did not receive notice about the
Planning Commission’s consideration of a cannabis-related business application.
Nicki Randolph, speaking on Item 5A, expressed concern regarding cannabis odors from
cultivation and manufacturing business activities.
Kathy Weremuik, speaking on Item 4A and 5A, voiced support for the proposed settlement
agreement with Grit Development; opined that the Cresendo and Boulders properties should be
dedicated for open space; expressed concern regarding the negative impacts of cannabis cultivation
and manufacturing in residential neighborhoods.
Roy Clark, speaking on Item 5A, voiced concern that cannabis cultivation and manufacturing
activities negatively impacts residential neighborhoods.
Ardine Thompson, speaking on Item 5A, urged the City Council to increase the minimum distance
requirements for cannabis cultivation and manufacturing businesses from residential zones.
Robert Findley, speaking on Item 1E, urged the City Council to continue the second reading of
Ordinance No. 1999 and to conduct stakeholder meetings.
Donna Maul, speaking on Item 5A, urged the City Council to increase the minimum distance
requirements for cannabis cultivation and manufacturing businesses from residential zones.
City Council Minutes July 24, 2019
City of Palm Springs Page 5
Ryan Mierau, speaking on Item 5A, reported on the odor control measures for his proposed
cannabis dispensary and lounge.
Ginny Foat, speaking on Item 4A, expressed support for the proposed settlement agreement with
Grit Development; recommended that the Town and Country Center remain privately-owned.
Simone Sandoval, speaking on Item 5A, spoke on the need to ensure that cannabis odor complaints
are validated by Code Enforcement personnel.
Paul Hinrichsen, speaking on Item 5A, noted that odor issues are slowly being resolved, but that
odors are still emitting from nearby cultivation and manufacturing facilities.
Alanne Turina, speaking on Item 5A, urged the City Council to increase the minimum distance
requirements for cannabis cultivation and manufacturing businesses from residential zones.
Bob Heinbaugh, speaking on Item 5A, opined that the City Council should limit the number of
cannabis cultivation and manufacturing facilities and increase the minimum distance requirements
from schools, residential zones, and medical facilities.
Lorraine Carlson, speaking on Item 5A, recommended a two-mile minimum distance requirement
between cannabis cultivation and manufacturing facilities and residential zones.
Charles LeMorte, speaking on Items 1V and 4A, voiced support for Whitewater Park and proposed
settlement agreement with Grit Development.
Bruce Hoban, speaking on Item 1E, voiced concern that dissolution of the Administrative Appeals
Board would result in a loss of transparency for the public.
David Feltman, speaking on Item 1E, opined that the City Council should seek public input on the
proposal to dissolve the Administrative Appeals Board.
Stephen Moses, speaking on Item 1E, expressed opposition to dissolving the Administrative
Appeals Board.
Dennis Woods, speaking on Items 1E, 4A, and 5AA, conveyed support for the proposed settlement
with Grit Development; opined that the Administrative Appeals Board should not be dissolved;
recommended that the City Council update the regulations related to cannabis businesses.
Joy Brown Meredith, speaking on Item 5A, suggested that the City Council should impose
minimum maintenance standards for properties owned by Grit Development.
Grace Garner, speaking on Items 1V and 5A, expressed support for the development of Whitewater
Park; opined that the City Council should enact cannabis social equity programs and a minimum
distance requirement between cannabis cultivation and manufacturing facilities and residential areas.
Deiter Crawford, speaking on Items 2G and 4A, recommended that the City Council develop
affordable housing on the properties transferred from Grit Development; voiced opposition to
increased fees for affordable housing projects.
City Council Minutes July 24, 2019
City of Palm Springs Page 6
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS:
City Manager Ready displayed photos of the ribbon cutting ceremony for Fire Station No. 4;
apologized for the inadvertent cutting down of palm trees on Indian Canyon Drive, noting that new
policies have been implemented to ensure that healthy trees are transplanted; reminded the
community to not leave pets in vehicles unattended.
Councilmember Holstege noted that the Desert Regional Healthcare District will be transitioning
to district-based elections and considering the sale of the Desert Regional Hospital and that the
City Council should remain involved in the processes; announced that she was appointed to Chair
the Coachella Valley Association of Governments Homelessness Committee; reported on the
activities of the Special Event and Noise Ordinance Subcommittee, noting that proposed
amendments will be submitted to the City Council in the fall of 2019; requested that staff provide
an update on the development of a Language Accessibility Policy.
Mayor Pro Tem Kors spoke on the success of the overnight cooling centers; reported on the
activities of the Business Retention Subcommittee and invited the community to attend its Town
Hall Forum on September 10, 2019.
Councilmember Middleton announced the members of the Library Building Committee, noting
that it is anticipated that a recommendation will come forward in October 2019.
Mayor Moon announced that the State of the City will be held at the Plaza Theater.
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM KORS,
CARRIED 5-0, to approve the consent calendar, with the removal of Nos. 1A, 1E, 1Q, 1S, and
1Y for separate discussion.
A. APPROVAL OF MINUTES
This item was excluded from the Consent Calendar. Please refer to Page 14 of these
minutes for a summary of that action.
B. DECISIONS OF THE ADMINISTRATIVE APPEALS BOARD FOR HEARINGS
HELD ON JUNE 26, 2019
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to receive and file the Administrative Appeals Board summary for
hearings held on June 26, 2019.
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City of Palm Springs Page 7
C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE
MONTH OF JUNE 2019
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to receive and file the report of Staff Authorized Agreements and
Purchase Orders for the period of June 1 through June 31, 2019.
D. SECOND READING AND ADOPTION OF ORDINANCE NO. 1998, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTION 8.04.340 OF THE PALM SPRINGS
MUNICIPAL CODE, RELATING TO THE CITY'S BUILDING CODE APPEALS
BOARD
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to adopt Ordinance No. 1998 entitled "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
SECTION 8.04.340 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO
THE CITY'S BUILDING CODE APPEALS BOARD."
E. SECOND READING AND ADOPTION OF ORDINANCE NO. 1999, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING CHAPTERS 2.05, APPEAL TO CITY COUNCIL,
2.50, ADMINISTRATIVE APPEALS BOARD, 5.40, PASSENGER CARRIERS,
8.80, VACANT BUILDINGS; BLIGHTED PROPERTY, 10.18, DANGEROUS AND
VICIOUS ANIMALS, 11.56, CURFEW AND TRUANCY, AND 11.72, PUBLIC
NUISANCES, OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO
REPLACING THE ADMINISTRATIVE APPEALS BOARD WITH AN
INDEPENDENT HEARING OFFICER
This item was excluded from the Consent Calendar. Please refer to Page 14 of these
minutes for a summary of that action.
F. APPROVE A FIVE-YEAR LEASE AGREEMENT WITH XEROX FINANCIAL
SERVICES AND COST PER IMAGE AND MAINTENANCE AGREEMENT
WITH VISUALEDGE, INC., DBA IMAGESOURCE
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. Approve a five-year lease agreement with Xerox Financial Services, LLC, via the
County of Los Angeles Cooperative Purchasing Program for 29 new Xerox copiers in
the amount of $107,224.07 annually, inclusive of tax and a $15,000 annual credit for
document translation services.
2. Approve a five-year cost per image and maintenance agreement with VisualEdge, Inc.,
dba lmageSource via the County of Los Angeles Cooperative Purchasing Program at
the unit prices of $0.0049 per black and white image and $0.049 per color image.
3. Authorize the City Manager to execute all necessary documents.
City Council Minutes July 24, 2019
City of Palm Springs Page 8
G. AUTHORIZE A PURCHASE ORDER IN THE AMOUNT OF $237,848 WITH
ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC., A
CALIFORNIA CORPORATION, FOR CIVIL ENGINEERING DESIGN
SERVICES FOR THE PALM SPRINGS STORM DRAIN LINE 20, CITY
PROJECT NO. 19-15
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. Authorize a Purchase Order in the amount of $237,848 with the City's "on -call" civil
engineering firm, Engineering Resources of Southern California, Inc., a California
Corporation, pursuant to Agreement No. 6857, for engineering design services relative
to the Palm Springs Storm Drain Line 20, City Project No. 19-15.
2. Authorize the City Manager to execute all necessary documents.
H. APPROVAL OF TWO (2) PROFESSIONAL SERVICES AGREEMENTS WITH
ALBERT A. WEBB ASSOCIATES, A CALIFORNIA CORPORATION, AND
KIMLEY-HORN AND ASSOCIATES, INC., A NORTH CAROLINA
CORPORATION, FOR ON-CALL TRAFFIC ENGINEERING SERVICES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. Approve an Agreement with Albert A. Webb Associates, a California Corporation, for
"on-call" Traffic Engineering services for an initial three (3) year term, subject to two
(2) additional one (1) year extensions approved at the discretion of the City Manager.
2. Approve an Agreement with Kimley-Horn and Associates, Inc., a North Carolina
Corporation, for "on-call" Traffic Engineering services for an initial three (3) year term,
subject to two (2) additional one (1) year extensions approved at the discretion of the
City Manager.
3. Authorize the City Manager to execute all necessary documents.
City Council Minutes July 24, 2019
City of Palm Springs Page 9
I. APPROVAL OF RIGHT OF WAY ACQUISITION AGREEMENT WITH
MARWAN JIZRAWI, SUCCESSOR TRUSTEE OF THE JIZRAWI LIVING
TRUST DTD 9/16/04, ASSOCIATED WITH THE RAMON ROAD AND BRIDGE
WIDENING PROJECT, CITY PROJECT NO. 08-25, FEDERAL AID PROJECT
NO. BHLS 5282 (040); APN 678-210-012
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. Approve a Right-of-Way Agreement for Acquisition of Real Property Interest and
Escrow Instructions in the amount of $363,641 with Marwan Jizrawi, successor trustee
of the Jizrawi Living Trust dated 09/16/2004.
2. Approve a Temporary Construction Easement Agreement, Agreement (A ), in the
amount of $11,359 with Marwan Jizrawi, successor trustee of the Jizrawi Living Trust
dated 09/16/2004.
3. Authorize the City Manager to execute all necessary documents, open escrow, and pay
for escrow and title costs associated with the two right-of-way acquisitions.
4. Authorize the City Manager to execute a Quitclaim Deed or such other documents as
necessary to transfer the real property interests to the City of Cathedral City upon
completion of the Project.
J. AUTHORIZE A PURCHASE ORDER WITH MWH CONSTRUCTORS, INC.,
FOR TECHNICAL SUPPORT SERVICES FOR PERMIT NEGOTIATIONS WITH
THE REGIONAL WATER QUALITY CONTROL BOARD
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. Authorize a Purchase Order in the amount of $34,338 with the City's "on-call"
wastewater engineering, construction management and inspection services consultant,
MWH Constructors, Inc., pursuant to Agreement No. 6687, for technical support
services, with regard to our Wastewater Treatment Plant, to present a case against new
permit requirements from the Regional Water Quality Control Board.
2. Authorize the City Manager to execute all necessary documents.
City Council Minutes July 24, 2019
City of Palm Springs Page 10
K. REQUEST BY ENGIN ONURAL OF PAMPLEMOUSSE PALM SPRINGS, LLC,
FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) TO
SELL BEER, WINE AND DISTILLED SPIRITS FOR ON -SITE CONSUMPTION
(TYPE 48 - ON SALE GENERAL - PUBLIC PREMISES) FOR A COCKTAIL
LOUNGE LOCATED AT 140 WEST VIA LOLA SUITE A, ZONE C-1, SECTION
10 (CASE 5.1473 PCN)
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to adopt Resolution No. 24641 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DETERMINING THAT PUBLIC CONVENIENCE WOULD BE SERVED BY THE
ISSUANCE OF ALCOHOLIC BEVERAGE CONTROL LICENSE TYPE 48 AT 140
WEST VIA LOLA SUITE A WITHIN CENSUS TRACT #446.06."
L. REQUEST BY GERGIS YOUSEF OF PALM SPRINGS CAR WASH FOR A
RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) FOR THE
SALES OF ALCOHOLIC BEVERAGES FOR OFF-PREMISE CONSUMPTION
(TYPE 21 - OFF-SALE GENERAL) AT A RETAIL STORE LOCATED AT 300
NORTH INDIAN CANYON DRIVE IN THE SECTION 14 SPECIFIC PLAN
AREA, ZONE REO (CASE NO. 5.1461 PCN)
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to adopt Resolution No. 24642 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DETERMINING THAT PUBLIC CONVENIENCE WOULD BE SERVED BY THE
ISSUANCE OF ALCOHOLIC BEVERAGE CONTRO L LICENSE TYPE 21 (OFF-
SALE GENERAL) AT 300 NORTH INDIAN CANYON DRIVE WITHIN CENSUS
TRACT#9414."
M. WAIVER OF FEES FOR A LAND USE PERMIT, ENCROACHMENT
AGREEMENT AND BUILDING PERMITS FOR FENCE CONSTRUCTION AT
THE NIGHTINGALE MANOR APARTMENTS, 2951 NORTH DE ANZA ROAD,
(CASE LUP 19-048)
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to approve the waiver of the application and permit fees associated
with Case LU P 19-0481 filed by Jewish Family Service of San Diego on behalf of the
Housing Authority of Riverside County.
N. APPOINTMENTS TO THE HISTORIC SITE PRESERVATION BOARD
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. Appoint Jade Nelson and Erik Rosenow to the Historic Site Preservation Board for
terms ending June 30, 2022.
2. Reappoint Daniel Kiser to the Historic Site Preservation Board for a term ending
June 30, 2022.
City Council Minutes July 24, 2019
City of Palm Springs Page 11
O. MUNICIPAL CODE SECTION 7.04.040 REPORT OF EMERGENCY REPAIRS
TO UNDERGROUND WATER LINES AT PALM SPRINGS INTERNATIONAL
AIRPORT
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to receive and file this report for emergency repairs of the
underground water leak in the Airport's Heating, Ventilation, and Air Conditioning
(HVAC) plumbing system at the Regional Jet Concourse with a final cost of $53,613.87.
P. AWARD A CONTRACT SERVICES AGREEMENT TO PACIFIC LIGHTING &
STANDARDS COMPANY, INC., IN THE AMOUNT OF $36,517.91; FOR THE
REPLACEMENT THE DOWNTOWN STREET LIGHTS
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. Waive the City's bidding procedures, and authorize purchase and repair of the City's
decorative streetlights by Pacific Lighting and Standards, Inc., pursuant to Section
7.04.030 "Special expertise procurement" of the Palm Springs Municipal Code.
2. Authorize the purchase to Pacific Lighting and Standards, Inc., a California company
for the purchase of Twenty (20) electrical and lighting components, description number
PL-477M-56-LED-MT-3000-V-FL-1A-GPS-GFI-CC, at the cost of $1,671.30 each,
for an estimated amount of $36,517.91.
3. Authorize the City Manager to execute all necessary documents.
Q. RENEW FACILITY USE AGREEMENT BETWEEN THE CITY AND THE PALM
SPRINGS UNIFIED SCHOOL DISTRICT TO PROVIDE "EARLY CHILDHOOD
EXPANSION" PROGRAMMING AT THE LEISURE CENTER
This item was excluded from the Consent Calendar. Please refer to Page 14 of these
minutes for a summary of that action.
R. APPROVAL OF AGREEMENT WITH GRAFFITI PROTECTIVE COATINGS,
INC., FOR CITYWIDE GRAFFITI ABATEMENT SERVICE IN AN AMOUNT
NOT TO EXCEED AMOUNT OF $70,000.00 ANNUALLY
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. Approve the Contract Service Agreement for Graffiti Protective Coating, Inc., a
California corporation, for an initial three-year term for an annual amount not to exceed
$70,000, with two one-year optional renewals; at the cooperative unit pricing offered
under the City of Burbank Agreement #2043, in accordance with Palm Springs
Municipal Code Section 7.09.01 0, "Cooperative Purchase Programs."
2. Authorize the City Manager to execute all necessary documents.
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City of Palm Springs Page 12
S. AIRPORT PASSENGER SEATING ACQUISITION
This item was excluded from the Consent Calendar. Please refer to Page 15 of these
minutes for a summary of that action.
T. AMEND THE MAINTENANCE AND SERVICE AGREEMENT CONTRACT
WITH METRO VIDEO SYSTEMS, INC. FOR THE PALM SPRINGS
INTERNATIONAL AIRPORT SECURITY ACCESS CONTROL SYSTEM AND
VIDEO MANAGEMENT SYSTEM TO INCLUDE THE POLICE DEPARTMENT
CAMERA SYSTEM
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. Approve Amendment #2 of Agreement 7222 with Metro Video Systems, Inc., a
California Corporation, to include an additional $45,000 in one-time licensing and
deployment fees plus an annual fixed amount of $69,900 for routine maintenance, with
on-call hourly rates for non-routine maintenance and repair services, to include the
Video Management System and Camera System for the Police Department.
2. Authorize the City Manager to execute all necessary documents.
U. APPROVE PROCUREMENT OF DELL SERVERS, SOFTWARE AND STORAGE
SYSTEMS FOR THE POLICE DEPARTMENT 911-CAD/RMS SYSTEM
PROJECT
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. Approve the purchase of three Dell servers, including licensing, support, storage, and
installation in an amount not-to-exceed $157,000 inclusive of all applicable taxes and
fees, utilizing the National Association of State Procurement Officials (NASPO)
ValuePoint national cooperative purchase contract MNWNC-108/7157034003 from
Dell.
2. Authorize the City Manager to execute all necessary documents.
V. PROPOSITION 68 GRANT PROGRESS UPDATE
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to receive and file Proposition 68 Statewide Park Development and
Community Revitalization Program progress update.
City Council Minutes July 24, 2019
City of Palm Springs Page 13
W. APPROVAL FOR LEASE OF AIRCRAFT RESCUE AND FIREFIGHTING
VEHICLE AND TRUCK APPARATUS ACQUISITION FOR ENVIRONMENTAL
COMPLIANCE
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. Approve the lease for up to fifteen months of one aircraft rescue and firefighting truck
from Firetrucks Unlimited of Henderson, Nevada for a cost of $91,900.
2. Authorize the purchase of a foam extinguishing system with foam tester unit and on-
site training for all three airport aircraft rescue and firefighting vehicles at a cost of
$45,000.
3. Authorize the City Manager to execute all necessary documents.
X. APPROVAL OF TASK NO. 7 FOR RICONDO & ASSOCIATES TO DEVELOP A
NEW AIRPORT USE AND LEASE AGREEMENT AND EXERCISE OPTION 1 OF
PROFESSIONAL SERVICES AGREEMENT A6938
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. Approve a Purchase Order for Task No. 7 in the amount of $120,416 for Professional
Services Agreement A6938 with Ricondo & Associates.
2. Exercise Option 1 for one additional one-year term, through December 31, 2020.
3. Authorize the City Manager to execute all documents.
Y. ACCEPT THE RESIGNATION OF MIGUEL NAVARRO AND MAKE AN
APPOINTMENT TO THE PARKS AND RECREATION COMMISSION
This item was excluded from the Consent Calendar. Please refer to Page 15 of these
minutes for a summary of that action.
Z. APPROVAL OF PAYROLL WARRANTS, CLAIMS, AND DEMANDS
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to adopt Resolution No. 24643 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 05 -
18-2019 BY WARRANTS NUMBERED 420711 THROUGH 420733 TOTALING
$42,541.84 CLAIMS, DEMANDS AND LIABILITY CHECKS NUMBERED 1105981
THROUGH 1106658 AND W053019 TOTALING $6,032,855.82, EIGHT WIRE
TRANSFERS FOR $140,693.88, AND THIRTEEN ELECTRONIC ACH DEBITS OF
$3,089,996.17 IN THE AGGREGATE AMOUNT OF $9,306,087.71, DRAWN ON
BANK OF AMERICA.”
City Council Minutes July 24, 2019
City of Palm Springs Page 14
EXCLUDED CONSENT CALENDAR:
A. APPROVAL OF MINUTES
Councilmember Roberts requested that the minutes be modified to reflect that he supports
the mobile food pantry services program, but expressed concern that the normal grant
funding process was being bypassed for this particular program.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
KORS, CARRIED 4-0 (COUNCILMEMBER HOLSTEGE ABSTAINED), to approve the
City Council Meeting Minutes of July 10, 2019, as amended.
E. SECOND READING AND ADOPTION OF ORDINANCE NO. 1999, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING CHAPTERS 2.05, APPEAL TO CITY COUNCIL,
2.50, ADMINISTRATIVE APPEALS BOARD, 5.40, PASSENGER CARRIERS,
8.80, VACANT BUILDINGS; BLIGHTED PROPERTY, 10.18, DANGEROUS AND
VICIOUS ANIMALS, 11.56, CURFEW AND TRUANCY, AND 11.72, PUBLIC
NUISANCES, OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO
REPLACING THE ADMINISTRATIVE APPEALS BOARD WITH AN
INDEPENDENT HEARING OFFICER
Following discussion, MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY
MAYOR PRO TEM KORS, CARRIED 5-0, to table the matter to a date uncertain.
Q. RENEW FACILITY USE AGREEMENT BETWEEN THE CITY AND THE PALM
SPRINGS UNIFIED SCHOOL DISTRICT TO PROVIDE "EARLY CHILDHOOD
EXPANSION" PROGRAMMING AT THE LEISURE CENTER
In response to City Council inquiry, City Manager Ready advised that the early childhood
education program has successfully operated for one year and that staff supports the
renewal of the agreement.
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Approve Agreement to Use Facilities No. C-0003393, a cooperative use agreement
with Palm Springs Unified School District (PSUSD), to provide "Early Childhood
Education" programming at the City's Leisure Center, whereby PSUSD would operate
the Sunrise State Preschool, a California State Preschool Program (CSPP) for a term of
one (1) year commencing on July 25, 2019.
2. Authorize the City Manager to execute all necessary documents.
City Council Minutes July 24, 2019
City of Palm Springs Page 15
S. AIRPORT PASSENGER SEATING ACQUISITION
In response to City Council inquiry, Director Nolan advised that 50% of the seating will
be energized for charging mobile devices.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. Approve a sole-source purchase of 614 new Herman Miller "Eames Tandem Sling"
seats, black in color, from GIM Business Interiors of Riverside, CA via a manufacturer
direct pricing contract in the amount of $647,066.89 inclusive of sales tax and
prevailing wage delivery to match existing furniture at the Airport.
2. Authorize the City Manager to execute necessary documents.
Y. ACCEPT THE RESIGNATION OF MIGUEL NAVARRO AND MAKE AN
APPOINTMENT TO THE PARKS AND RECREATION COMMISSION
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. Accept with regret the resignation of Miguel Navarro from the Parks and Recreation
Commission.
2. Appoint Deiter Crawford to the Parks and Recreation Commission for a term ending
June 30, 2020.
1. PUBLIC HEARINGS:
A. REQUEST BY THE CITY OF PALM SPRINGS FOR A ZONE TEXT
AMENDMENT TO AMEND THE PALM SPRINGS ZONING CODE CHAPTER
93.00 TO ADD SECTIONS 93.16.00 THROUGH 93.16.09 AND AMEND SECTIONS
92.17.1.01, 92.17.2.01, 92.20.01, 92.21.01 AND 93.03.00 TO MEET THE STATE OF
CALIFORNIA ENERGY CODE REQUIREMENTS RELATIVE TO SOLAR
ENERGY SYSTEMS ON NEW RESIDENTIAL CONSTRUCTION THREE (3)
STORIES AND UNDER (CASE 5.1470 ZTA)
Principal Planner Newell narrated a PowerPoint presentation and responded to City
Council inquiries.
Mayor Moon opened the Public Hearing.
David Freedman, voiced support and urged the City Council to adopt the proposed
ordinance.
Kathy Weremuik, opined that most affordable housing projects support the installation of
solar panels, noting that it results in lower energy costs for residents.
There being no others desiring to speak, Mayor Moon closed the Public Hearing.
City Council Minutes July 24, 2019
City of Palm Springs Page 16
Councilmember Holstege expressed concern that the proposed ordinance appears to be
prioritizing aesthetics associated with solar panels; recommended that staff reconsider the
proposed ordinance ensuring that function is prioritized over appearance.
Councilmember Roberts suggested that the ordinance should include consideration of
affordability and hardship provisions related to solar panels and the possibility of subsidies
for affordable housing projects.
Councilmember Middleton voiced support for adopting the proposed ordinance, noting that
the California Building Energy Efficiency Code will address other areas of concern
expressed by Councilmembers Holstege and Roberts; expressed support for creating
incentives and subsidies for solar panels on affordable housing projects, noting that she
does not support an exemption for solar panels for such projects.
Mayor Pro Tem Kors opined that certain provisions of the ordinance may be too restrictive
and should be broadened to support allowance of more solar panel installations; expressed
support for consideration of hardships.
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to continue the Public Hearing to the City Council meeting
of October 2, 2019.
B. AN APPLICATION BY THE CITY OF PALM SPRINGS FOR CLASS 1
HISTORIC DESIGNATION OF 2203 SOUTHRIDGE DRIVE, "THE STEVE
MCQUEEN RESIDENCE," ZONE R-1-A (HSPB 108)
Principal Planner Newell narrated a PowerPoint presentation and responded to City
Council inquiries.
Mayor Moon opened the Public Hearing.
In response to City Council inquiry, Historic Site Preservation Board (HSPB) Chairman
Burkett advised that the original application for historic designation was submitted in
December 2017, noting that the restoration work was not completed; noted that historic
designations are typically applied for after the completion of the restoration to ensure that
it complies with the Secretary of Interior Standards; explained that the HSPB deferred
forwarding the recommendation for historic designation to City Council until now that the
restoration has been completed and the HSPB conducted a second site visit.
There being no others desiring to speak, Mayor Moon closed the Public Hearing.
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 24644 entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DESIGNATING THE PARCEL AT 2203 SOUTHRIDGE DRIVE, "THE STEVE
MCQUEEN RESIDENCE," A CLASS 1 HISTORIC SITE (CASE HSPB 108)."
City Council Minutes July 24, 2019
City of Palm Springs Page 17
C. AN APPEAL BY MARK HODGIN OF THE TWIST PALM SPRINGS,
REPRESENTING ZALEKA VIA LOLA, LP AND LERANAX VIA LOLA, LP,
REQUESTING THE CITY COUNCIL TO REMOVE CONDITIONS OF
APPROVAL ENG 3 THROUGH ENG 11 FOR THE APPROVAL OF A
CONDITIONAL USE PERMIT (CUP) TO CONVERT THE EXISTING
SEVENTEEN (17) SHORT-TERM RENTAL UNITS TO HOTEL UNITS AT THE
TWIST LOCATED AT 140 WEST VIA LOLA, ZONE R-2/C-1 , SECTION 10
(CASE NO. 5.1482 CUP)
Councilmember Roberts announced that he owns property within close proximity to the
subject location and recused himself and left the Council Chamber at 9:00 p.m.
Principal Planner Newell narrated a PowerPoint presentation and responded to City
Council inquiries.
Mayor Moon opened the Public Hearing.
Mark Hodgin, Appellant, opined that Engineering Department’s Conditions of Approval
will not serve a purpose and that he sees no reason to construct sidewalk access into
residential neighborhoods; noted that the installation of sidewalks and curbs will add
additional on-street parking, thereby impacting the travel lanes; stated that the conditions
will necessitate the removal of certain landscaping and that the neighbors have expressed
a preference for maintaining the existing landscape.
There being no others desiring to speak, Mayor Moon closed the Public Hearing.
In response to City Council inquiry, Assistant City Manager Fuller advised that he would
prioritize the installation of sidewalks to ensure that patrons have access from the parking
lot to the adjacent commercial areas and around the property as well as Conditions of
Approval 6-10.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 4-0 (COUNCILMEMBER ROBERTS RECUSED), to refer this
matter to the Planning Commission for reconsideration.
City Council Minutes July 24, 2019
City of Palm Springs Page 18
D. CONSIDERATION OF THE VACATION OF A PORTION OF THE RIGHT-OF-
WAY FOR CALLE SANTA ROSA IN SECTION 14, TOWNSHIP 4 SOUTH,
RANGE 4 EAST, S.B.M., (ENG. FILER 19-03-0495)
Assistant City Manager Fuller presented the staff report.
Mayor Moon opened and closed the Public Hearing, there being no one desiring to speak.
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24645 entitled " A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN
THE PUBLIC RIGHT-OF-WAY DEDICATED FOR CALLE SANTA ROSA LOCATED
SOUTH OF ALEJO ROAD IN SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST,
FILE R 19-03-0495, AND APPROVING A DETERMINATION THAT THE ACTION IS
CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA)."
E. CITY OF PALM SPRINGS TO CONSIDER AMENDING THE PALM SPRINGS
ZONING CODE TO ESTABLISH A PROCESS AND DEVELOPMENT
STANDARDS RELATED TO THE REDEVELOPMENT OF GOLF COURSES TO
OTHER USES (CASE 5.1444 ZTA)
Principal Planner Newell narrated a PowerPoint presentation and responded to City
Council inquiries.
In response to City Council inquiry, City Attorney Ballinger opined that the proposed
ordinance would not be considered a taking of property rights, noting that it creates
processes and standards, but does not restrict the use of the land in a manner that would be
considered a taking.
Mayor Moon opened the Public Hearing.
The following individuals expressed support for, and requested that the City Council adopt,
the proposed ordinance regarding the redevelopment of golf courses to other uses:
Michael Johnson
Kathy Weremuik
Russ Uthe
Ruth Sinfuego
Peter Moruzzi
Wayne Guralnick
Darrell Thomas
Ardine Thompson
Alanne Turina
Arthur MacMillan
There being no others desiring to speak, Mayor Moon closed the Public Hearing.
Councilmember Holstege requested that staff review the ordinance’s definitions and terms
to ensure they are clearly defined and enforceable.
City Council Minutes July 24, 2019
City of Palm Springs Page 19
Mayor Moon expressed concern that the proposed ordinance could cause property owners
to be burdened with property maintenance and taxes for a failing golf course.
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to introduce Ordinance No. 2000 entitled "AN ORDINANCE OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS
ZONING CODE CHAPTER 93.00 TO ADD SECTION 93.23.20 TO ESTABLISH
REGULATIONS RELATED TO THE REDEVELOPMENT OF GOLF COURSE TO
OTHER USES," with direction to staff to review the technical terms and definitions for
clarity.
F. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS CITYWIDE STREET
LIGHTING AND PARKWAY MAINTENANCE DISTRICTS, FISCAL YEAR
2019/2020
City Manager Ready presented the staff report.
Mayor Moon opened and closed the Public Hearing, there being no one desiring to speak.
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24646 entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING THE ENGINEER'S REPORT AND ORDERING THE CONTINUED
OPERATION AND MAINTENANCE OF IMPROVEMENTS FOR 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 ORDERING THE LEVY AND
COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL
YEAR 2019-20."
G. CONSIDERATION OF A REVISION TO THE DEVELOPER FEE INCREASE
ADOPTED ON JUNE 5, 2019, AND ESTABLISHMENT OF A POLICY
REDUCING AND/OR WAIVING FEES FOR AFFORDABLE HOUSING AND
RELATED PROJECTS
City Manager Ready presented the staff report and responded to City Council inquiries.
Mayor Moon opened the Public Hearing.
Gretchen Gutierrez, representing the Coachella Valley Builders Association, recommended
that the City Council phase the fee increases over a two year period; suggested that the City
continue to explore ways to streamline and expedite the permitting process.
Erica Harnick, representing the Riverside County Building Industry Association,
recommended that the City Council phase the fee increases over a two year period.
City Council Minutes July 24, 2019
City of Palm Springs Page 20
Daryl Terrell, voiced concern that increased fees will be passed through to homebuyers;
expressed support for a phased approach and providing fee waivers for affordable housing
projects.
Maria Song, expressed support for staff’s recommendation to streamline the permitting
process.
There being no others desiring to speak, Mayor Moon closed the Public Hearing.
Councilmember Roberts voiced opposition to phasing the fee increases, opining that it
amounts to a subsidy for developers; expressed support for waiving fees for affordable
housing projects.
Councilmember Holstege pointed out that there is a housing crisis and that the proposed
fee increases could negatively impact a developers willingness to build new homes in Palm
Springs; noted that the proposed fees would make Palm Springs the most expensive city to
develop a new home; expressed support for phasing the fee increases over two years and
adopting a policy to waive fees for affordable housing projects.
Following discussion, MOTION BY MAYOR PRO TEM KORS, SECOND BY
COUNCILMEMBER ROBERTS, CARRIED 3-2 (COUNCILMEMBER HOLSTEGE
AND MAYOR MOON VOTING NO), to:
1. Adopt Resolution No. 24647 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING MODIFIED
USER FEE INCREASES RELATED TO THE BUILDING, FIRE AND PLANNING
SERVICES DEPARTMENTS AND AMENDING THE COMPREHENSIVE FEE
SCHEDULE FOR FISCAL YEAR 2019-20."
2. Direct staff to draft an "Affordable Housing Fee Waiver and Reduction Program."
2. LEGISLATIVE: None.
3. UNFINISHED BUSINESS:
A. PROPOSED SETTLEMENT OF CITY'S POTENTIAL GOVERNMENT CODE
SECTION 1090 CLAIMS AGAINST PALM SPRINGS PROMENADE, LLC,
INCLUSIVE OF GRIT DEVELOPMENT LLC, (SUCCESSOR TO JOHN
WESSMAN/WESSMAN HOLDINGS) AND RELATED ENTITIES, IN
CONNECTION WITH REDEVELOPMENT OF THE DESERT FASHION PLAZA
(THE DOWNTOWN PALM SPRINGS PROJECT)
City Attorney Ballinger narrated a PowerPoint presentation and responded to City Council
inquiries.
City Council Minutes July 24, 2019
City of Palm Springs Page 21
Councilmember Holstege and Middleton recommended that a messaging plan be
developed to inform the community of the results of the settlement agreement and to
discuss with the community appropriate uses for the new City-owned property.
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
ROBERTS, CARRIED 5-0, to approve the Settlement Agreement with Palm Springs
Promenade, et al.
4. NEW BUSINESS:
A. DISCUSSION REGARDING CANNABIS RELATED BUSINESS AND
ACTIVITIES
Councilmember Roberts and Mayor Pro Tem Kors summarized the activities and
recommendations of the City Council Subcommittee on Cannabis.
In response to City Council inquiry, Police Chief Reyes advised that the majority of callers
regarding cannabis odor complaints have refused to provide their contact information and
that the vast majority of complaints are submitted by a single resident; urged residents to
provide their contact information so that officers can follow-up on the complaints.
In response to Council inquiry, Councilmember Roberts noted that cannabis delivery is
difficult to regulate and enforce, noting that the Subcommittee will seek recommendations
from a cannabis industry consultant.
Councilmember Middleton expressed support for the creation of a “green zone” provided
that such a zone is located far from any residential zones; expressed concern that the
cannabis industry is becoming oversaturated and that it could negatively impact the local
economy.
Mayor Moon opined that no additional cannabis manufacturing businesses should be
allowed, noting that neighboring cities have the available land to accommodate such
businesses without impacting residents; opined that the City should refrain from issuing
any new distance waivers for cannabis-related businesses.
Following discussion, the City Council requested that staff conduct periodic inspections to
detect cannabis odor violations; requested that the proposed ordinance modifications and
backup material be publically-available two weeks prior to considering this matter at a
future City Council meeting.
City Council Minutes July 24, 2019
City of Palm Springs Page 22
B. BONAVENTO, LLC (DBA: KALEAFA) REQUESTING AN ADMINISTRATIVE
MINOR MODIFICATION (AMM) SEEKING RELIEF FROM MINIMUM
SEPARATION DISTANCE REQUIREMENTS FOR A CANNABIS DISPENSARY
AND LOUNGE LOCATED AT 671-675 NORTH PALM CANYON DRIVE, ZONE
C-1, (CASE 7.1580 AMM)
Principal Planner Newell narrated a PowerPoint presentation and responded to City
Council inquiries.
Mayor Moon voiced opposition to granting the requested waiver, noting that five other
cannabis-related businesses are already within 3,000 feet and one is located only 250 feet
from the proposed site.
Mayor Pro Tem Kors expressed concern regarding too many 21 and over businesses
located in the Central Business District.
Special Program Compliance Official Goedhart advised that staff gave no indication that
such a waiver request would be granted, noting that staff communicated with the applicant
that such a decision is entirely at City Council’s discretion.
Councilmember Roberts expressed concern regarding the oversaturation of cannabis-
related businesses in the immediate area and the use of a prime storefront for a cannabis-
related business that also requires a distance waiver.
Councilmember Holstege recommended that consideration of the requested waiver should
be tabled until the cannabis ordinance is updated; noted that the City Council should base
its decision on strategic planning and economic analysis on what the market can bear.
The City Council agreed that all cannabis distance waivers should be deferred until such
time as the cannabis ordinance is amended.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-1 (MAYOR MOON VOTING NO) to table the matter to a
date uncertain.
City Council Minutes July 24, 2019
City of Palm Springs Page 23
C. AWARD OF A CONSTRUCTION CONTRACT TO SWINERTON BUILDERS, A
CALIFORNIA CORPORATION, IN THE AMOUNT OF $29,927,000 FOR THE
PALM SPRINGS INTERNATIONAL AIRPORT TICKETING HALL
EXPANSION, FAA AlP GRANT NO. 3-06-0181-054-2016, INVITATION FOR BIDS
NO. 19-03, AND RELATED ACTIONS
City Manager Ready presented the staff report.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Award a construction contract (Agreement) to Swinerton Builders, a California
corporation, in the amount of $29,927,000 for the Palm Springs International Airport
Ticketing Hall Expansion, FAA AlP Grant No. 3-06-0181-054-2016, Invitation for
Bids No. 19-03.
2. Authorize a Purchase Order in the amount of $763,878 with the City's "on-call"
professional aviation consulting services firm, RS&H California, Inc., a California
corporation, pursuant to Agreement No. 7148, for construction management services
related to the Palm Springs International Airport Ticketing Hall Expansion, FAA AlP
Grant No. 3-06-0181-054-2016, Invitation for Bids No. 19-03.
3. Authorize the City Manager to approve and execute construction contract change
orders up to a cumulative amount of $1,500,000.
4. Authorize the City Manager to execute all necessary documents.
D. AUTHORIZE CITY MANAGER TO SECURE ADDITIONAL DIC
(EARTHQUAKE/FLOOD) INSURANCE COVERAGE FOR THE AIRPORT
City Manager Ready presented the staff report.
Following discussion, MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY
COUNCILMEMBER MIDDLETON, CARRIED 5-0, to:
1. Authorize the City Manager, in consultation with the Budget Subcommittee, to secure
additional DIC (Earthquake/Flood) insurance coverage specifically for the Airport
during the Council's summer recess should favorable quotations be received in an
amount not-to-exceed $350,000.
2. Authorize the City Manager to execute all necessary documents to bind the coverage.
City Council Minutes July 24, 2019
City of Palm Springs Page 24
E. AUTHORIZATION TO RE-BID THE DOWNTOWN PARK, CITY PROJECT NO.
15-07
Assistant City Manager Fuller presented the staff report.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to authorize staff to re-advertise and solicit bids for the
Downtown Park, City Project No. 15-07.
F. DISCUSSION ON LAND USE ENTITLEMENT STREAMLINING PROCESSES
Assistant City Manager Fuller presented the staff report.
Councilmember Middleton suggested that a cap should be placed on the number of times
a matter may be considered by the Architectural Advisory Committee and Planning
Commission, voicing support for the use of joint study sessions.
Councilmember Holstege recommended that staff evaluate neighboring cities “one stop”
permitting centers, such as Riverside and La Quinta.
Councilmember Middleton and Mayor Pro Tem Kors volunteered to serve on an Ad Hoc
Subcommittee to assist staff in evaluating land use entitlement streamlining.
PUBLIC COMMENT:
Brad Anderson, voiced concern that the Coachella Valley Mosquito and Vector Control District is
ineffective at controlling the mosquito population and spreading of the West Nile Virus.
Daryl Terrell, presented a Fair Housing Ordinance proposal to prevent landlords from
discriminating against tenants on the basis of the source of their income, such as Section 8 housing
vouchers.
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT:
None.
ADJOURNMENT:
The City Council adjourned at 12:32 a.m.
Respectfully submitted,
Anthony J. Mejia, MMC
City Clerk
APPROVED BY CITY COUNCIL: 09/18/2019