HomeMy WebLinkAbout2019-11-06 CC MINUTESWednesday, November 6, 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, November 6, 2019, at 6:15 p.m., in the Council Chamber, City Hall, located at
3200 E. Tahquitz Canyon Way, Palm Springs, California.
PLEDGE OF ALLEGIANCE:
Boy Scouts Troop 262 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 John Paul Maier, Chief Deputy City Clerk, were
present at Roll Call. Other staff members presented reports or responded to
questions as indicated in the minutes.
PRESENTATIONS:
Councilmember Roberts displayed slides and provided an update on the fundraising efforts for the
restoration of the Plaza Theater.
Assistant City Manager Fuller displayed slides and reported on the restoration of the Cornelia
White House.
ACCEPTANCE OF THE AGENDA:
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER MIDDLETON,
CARRIED 5-0, to remove Consent Calendar Item Nos. 1G, 1L, 1P, and 1Q for separate discussion.
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of November 6, 2019, was called to order by
Mayor Moon at 4:00 p.m., with all members present.
City Council Minutes November 6, 2019
City of Palm Springs Page 2
City Clerk Mejia, on behalf of 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):
4328 Lockwood Avenue v. City of Palm Springs,
Case No. RIC 1703102, Superior Court of the State of California, County of Riverside
Manning v. City of Palm Springs,
Case No. 1704634, Superior Court of the State of California, County of Riverside
Huntington Glazing Inc. v. Archico Design Build Inc; City of Palm Springs, et al.,
Case No. PSC 1907703, Superior Court of the State of California, County of Riverside
Haner v. Palm Springs et. al,
Case No. PSC 1903349, Superior Court of the State of California, County of Riverside
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 seven (7) matters the City Council has
decided or may decide to initiate litigation.
PUBLIC EMPLOYEE EVALUATION, Pursuant to Government Code Section 54957:
Employee: City Manager
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City of Palm Springs Page 3
CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code
Section 54956.8:
Property Description: 3400 Tahquitz Canyon Way, Palm Springs (portions
of airport)
Agency: City of Palm Springs
Agency Negotiator(s): 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 Description: 287 S. El Cielo Road (APN 502-210-023)
Agency: City of Palm Springs
City Negotiator: David Ready, City Manager or Designee
Negotiating Parties: Coachella Valley Rescue Mission
Under Negotiation: Price and Terms of Payment (Lease)
Property Description: 505-182-010 and 505-182-004 (Adjacent parcels
located at the Southwest corner of North Palm
Canyon Drive and Stevens Road)
Agency: City of Palm Springs and Successor Agency of the
Former Redevelopment Agency of the City of Palm
Springs
City Negotiator: David Ready, City Manager or Designee
Negotiating Parties:
Under Negotiation: Price and Terms of Payment (Sale)
Property Description: Vacant Land in APNs 505-360-029, 505-360-014,
005 and 029 (3.89 acres)
Agency: City of Palm Springs
City Negotiator: David Ready, City Manager or Designee
Negotiating Parties: Arnold Stevens, Successor Trustee of the Island Trust
Under Negotiation: Price and Terms of Payment
City Attorney Ballinger reported that the City Council received briefings and provided direction
to staff regarding the agendized Closed Session Items; noted that the City Council directed the
Mayor to vote in support of providing local media with limited access to the Eastern Riverside
County Interoperable Communications Authority radio system.
City Council Minutes November 6, 2019
City of Palm Springs Page 4
PUBLIC TESTIMONY:
Norman Yousif, representing Area 29, speaking on Item 5A, voiced support for their
cannabis-related business application, noting that they have developed a comprehensive odor
control plan.
Wayne Tucker, Attorney representing Community Development, LLC, speaking on Item 5A,
opined that that the proposed facility would not cause an oversaturation of cannabis-related
facilities on Indian Canyon Drive; pointed out that the project would make significant
improvements to a blighted property.
Jocelyn Kane, speaking on Item 5A, voiced support for Row House and One Plant, opining that
these businesses will provide beneficial services to tourist and the community.
Ann Sheffer and Rochelle Steiner, speaking on Item 1Q, urged the City Council to support the
proposed art installation.
Donald Morgan, speaking on Item 1P, expressed support for extending the contract with Martha’s
Village & Kitchen.
Dino Raimondi, representing One Plant, speaking on Item 5A, displayed a rendering of the interior
of his proposed cannabis facility, urging that the City Council support the project.
Chris Hester, representing One Plant, advised that the proposed facility will include an art gallery;
advised that his company will have an open door policy with residents of the Little Tuscany
neighborhood.
Ryan Mierau, representing Row House, speaking on Item 5A, noted that his odor control plan has
been submitted to the City and that he is committed to upholding the conditions of approval for
his project.
Greg Jelden, speaking on Item 5A, voiced support for Row House, pointing out the high quality
onsite amenities available to customers.
Philip Wen, representing Arabian Nights, speaking on Item 5A, advised that he has experience
operating cannabis facilities in other cities; noted that cannabis lounges result in a reduction of
people illegally smoking cannabis in public spaces.
City Council Minutes November 6, 2019
City of Palm Springs Page 5
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS:
Mayor Moon congratulated Dennis Woods, Grace Garner, and Geoff Kors for being elected to the
City Council. In response to inquiry, Director Fagg advised that the historic designation of
Promontory Point will be agendized for a City Council meeting in December 2019.
Mayor Pro Tem Kors requested that the City Attorney evaluate Senate Bill 225 in relation to the
City Charter’s requirements for eligibility to serve on a Board or Commission, including whether
persons that work or go to school in Palm Springs could serve on a Board or Commission; noted
that the General Fund balance is more than anticipated and that the City Council can discuss use
of the funds at the mid-year budget review meeting.
Councilmember Middleton commended Ron deHarte and volunteers for organizing the Palm
Springs Gay Pride festival; spoke on the importance for residents to inspect their properties and
create defensible space against wildfires.
Councilmember Holstege reported on the activities of the City Council Subcommittee on
Homelessness and Affordable Housing, noting that the overnight warming/cooling shelter
agreement has been extended; spoke on her meeting with youth leaders at the Boys and Girls Club,
noting that their biggest concerns are gang violence and the need for more afterschool, fun
activities for youth; expressed interest in evaluating the eligibility requirements for Boards and
Commissions, particularly requirements for youth and the impacts of districting.
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 Item Nos. 1G, 1L, 1P,
and 1Q for separate discussion. Councilmember Middleton noted her recusal on Item Nos. 1C
and 1H.
A. APPROVAL OF MINUTES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to approve the City Council Meeting Minutes of October 2, 2019.
B. ACCEPT THE RESIGNATION OF MELANIE BRENNER FROM THE PUBLIC
ARTS COMMISSION
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to accept with regret the resignation of Melanie Brenner from the
Public Arts Commission.
City Council Minutes November 6, 2019
City of Palm Springs Page 6
C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
Councilmember Middleton announced her recusal on Item 1C, noting that she has received
travel reimbursements under the subject payroll warrants, claims and demands.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 4-0 (COUNCILMEMBER MIDDLETON RECUSED), to adopt
Resolution No. 24665 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL
WARRANTS FOR THE PERIOD ENDING 09-21-2019 AND 10-05-2019 BY
WARRANTS NUMBERED 420836 THROUGH 420862 TOTALING $52,659.02
CLAIMS, DEMANDS AND LIABILITY CHECKS NUMBERED 1108883 THROUGH
1109407 TOTALING $7,226,814.80, EIGHT WIRE TRANSFERS FOR $144,545.32,
AND TWELVE ELECTRONIC ACH DEBITS OF $3,169,662.61 IN THE AGGREGATE
AMOUNT OF $10,593,681.75, DRAWN ON BANK OF AMERICA."
D. TREASURER'S INVESTMENT REPORT AS OF JULY 31, 2019
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to receive and file Treasurer's Investment Report as of
July 31, 2019.
E. TREASURER'S INVESTMENT REPORT AS OF AUGUST 31, 2019
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to receive and file Treasurer's Investment Report as of
August 31, 2019.
F. TREASURER'S INVESTMENT REPORT AS OF SEPTEMBER 30, 2019
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to receive and file Treasurer's Investment Report as of
September 30, 2019.
G. ACCEPTANCE OF THE CORNELIA WHITE HOUSE REPAIRS, CITY
PROJECT NO. 15-16
This item was excluded from the Consent Calendar. Please refer to Page 10 of these
minutes for a summary of that action.
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City of Palm Springs Page 7
H. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID THE 2020 SLURRY SEAL, CITY PROJECT NO. 19-02
Councilmember Middleton announced her recusal on Item 1H, noting that her residence is
located on a particular street recommended for slurry seal.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 4-0 (COUNCILMEMBER MIDDLETON RECUSED), to approve the
specifications & estimates and authorize staff to advertise and solicit bids for the
2020 Slurry Seal, City Project No. 19-02.
I. INITIATION OF ANNEXATION NO. 21, 22, AND 23 TO COMMUNITY
FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES)
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. Adopt Resolution No. 24666 entitled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO
ANNEX TERRITORY INTO A COMMUNITY FACILITIES DISTRICT AND TO
AUTHORIZE THE LEVY OF SPECIAL TAXES FOR CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1, (PUBLIC SAFETY SERVICES),
ANNEXATION NO. 21, THE MODERN, TRACT MAP NO. 37807."
2. Adopt Resolution No. 24667 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS
INTENTION TO ANNEX TERRITORY INTO A COMMUNITY FACILITIES
DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES FOR CITY
OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1, (PUBLIC
SAFETY SERVICES), ANNEXATION NO. 22, ELAN, TRACT MAP NO. 36914."
3. Adopt Resolution No. 24668 entitled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO
ANNEX TERRITORY INTO A COMMUNITY FACILITIES DISTRICT AND TO
AUTHORIZE THE LEVY OF SPECIAL TAXES FOR CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1, (PUBLIC SAFETY
SERVICES), ANNEXATION NO. 23, LIVING OUT, TRACT MAP NO. 37602."
J. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND
AUTHORIZE TO BID GROUNDWATER MONITORING WELLS FOR THE
WASTEWATER TREATMENT PLANT REQUIRED TO COMPLY WITH
COLORADO RIVER REGIONAL WATER QUALITY CONTROL BOARD
ORDER R7-2017-0013, CITY PROJECT 19-20
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to approve the plans, specifications and estimate; authorize staff to
advertise and solicit bids for the Groundwater Monitoring Wells, City Project No. 19-20.
City Council Minutes November 6, 2019
City of Palm Springs Page 8
K. ACCEPTANCE OF THE 2019 ADA RAMON ROAD STORM WATER
RETENTION BASIN, CITY PROJECT NO. 18-15
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. Accept the public works improvement identified as Ramon Road Storm Water
Retention Basin, City Project No. 18-15, 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 Ramon Road Storm Water Retention
Basin, City Project No. 18-15.
L. ADOPTION OF A RESOLUTION AUTHORIZING APPLICATION FOR SENATE
BILL 2 PLANNING GRANT PROGRAM FUNDS IN THE AMOUNT OF $160,000
FROM THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT (HCD)
This item was excluded from the Consent Calendar. Please refer to Page 10 of these
minutes for a summary of that action.
M. AWARD A PROFESSIONAL SERVICES AGREEMENT TO KEENAN &
ASSOCIATES FOR INSURANCE BROKERAGE SERVICES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. Approve a Professional Services Agreement with Keenan & Associates of Torrance,
CA for insurance brokerage services for a three (3) year term with two (2) one (1) year
options in an amount not-to-exceed $55,000 for FY 20/21; $60,000 for FY 21/22; and
a fixed fee of $63,500 annually for FY 22/23, FY 23/24 and FY 24/25.
2. Authorize the City Manager to execute the necessary documents.
N. AUTHORIZATION TO RELEASE SUBDIVISION IMPROVEMENT
SECURITIES FOR THE "VIBE", TRACT NO. 36689
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to adopt Resolution No. 24670 entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING THE RELEASE OF SECURITIES ASSOCIATED WITH TRACT MAP
36689 AND THE SUBDIVISION IMPROVEMENT AGREEMENT WITH JEN
CALIFORNIA 3, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FOR
PROPERTY LOCATED AT THE NORTHEAST CORNER OF FARRELL DRIVE AND
BARISTO ROAD, IN SECTION 13, TOWNSHIP 4 SOUTH, RANGE 4 EAST."
City Council Minutes November 6, 2019
City of Palm Springs Page 9
O. AUTHORIZE THE PURCHASE OF TWO NEW FIRE ENGINES FOR THE PALM
SPRINGS FIRE DEPARTMENT IN AN AMOUNT NOT TO EXCEED $1,400,000
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. In accordance with Section 7.09.010 "Cooperative Purchasing Programs" of the Palm
Springs Municipal Code, approve the purchase of two new fire engines for the Palm
Springs Fire Department, to include one Engine Pumper (Pierce Quantum Triple
Combination Pumper) and one Water Tender (Pierce International HV High Side Water
Tender) through the national H-GAC cooperative purchase agreement in the amount of
$1,360,122.63 which includes the applicable 9.25% California sales tax of $114,834.
2. Adopt Resolution No. 24671 entitled, “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE
PURCHASE OF FIRE APPARATUS AND EXECUTION OF LEASE PURCHASE
AGREEMENT WITH BANC OF AMERICA PUBLIC CAPITAL CORP IN
CONNECTION THEREWITH.”
3. Declare Engine 8, Fleet #1 E4300 placed into service in 2000 as surplus, and authorize
disposal at auction.
4. Approve an amendment to the 2019/20 Fiscal Year Budget appropriating $1,400,000
in revenue from lease financing proceeds and $1,400,000 in expenditures for vehicle
purchase and related costs.
5. Authorize the City Manager to execute all necessary financing documents.
P. AMEND THE CONTRACT SERVICES AGREEMENT FOR HOMELESSNESS
WRAP-AROUND SERVICES WITH MARTHA'S VILLAGE & KITCHEN, INC.
TO EXTEND THE TERM TO JUNE 30, 2020 AND INCREASE FUNDING
This item was excluded from the Consent Calendar. Please refer to Page 11 of these
minutes for a summary of that action.
Q. CONCEPTUAL APPROVAL OF THE TEMPORARY INSTALLATION OF THE
ARTWORK "HISTORY OF SUSPENDED TIME" BY GONZALO LEBRIJA ON
LOAN FROM THE PALM SPRINGS ART MUSEUM AT THE CITY'S PARCEL
LOCATED AT THE SOUTHEAST CORNER OF MUSEUM DRIVE AND
MUSEUM WAY
This item was excluded from the Consent Calendar. Please refer to Page 11 of these
minutes for a summary of that action.
City Council Minutes November 6, 2019
City of Palm Springs Page 10
EXCLUDED CONSENT CALENDAR:
G. ACCEPTANCE OF THE CORNELIA WHITE HOUSE REPAIRS, CITY
PROJECT NO. 15-16
Councilmember Roberts invited the community to attend the ribbon cutting ceremony for
the Cornelia White House on December 4, 2019; noted that a camera crew has filmed the
restoration of the property and requested that staff make the final video accessible to the
public.
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Accept the public works improvement identified as Cornelia White House Exterior
Repairs, City Project No. 15-16, 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 Cornelia White House Exterior Repairs,
City Project No. 15-16.
L. ADOPTION OF A RESOLUTION AUTHORIZING APPLICATION FOR SENATE
BILL 2 PLANNING GRANT PROGRAM FUNDS IN THE AMOUNT OF $160,000
FROM THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT (HCD)
In response to City Council inquiry, Director Fagg advised that the City will be applying
for state priority policy areas and that grant fund will be used to accelerate the development
of affordable housing.
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 24669 entitled, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING APPLICATION FOR, AND RECEIPT OF, SB 2 PLANNING GRANTS
PROGRAM FUNDS."
City Council Minutes November 6, 2019
City of Palm Springs Page 11
P. AMEND THE CONTRACT SERVICES AGREEMENT FOR HOMELESSNESS
WRAP-AROUND SERVICES WITH MARTHA'S VILLAGE & KITCHEN, INC.
TO EXTEND THE TERM TO JUNE 30, 2020 AND INCREASE FUNDING
Mayor Pro Tem Kors noted that a request for matching grant funds has been submitted to
the Desert Healthcare District.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. Approve Amendment No. 1 to Agreement No. A7142 with Martha's Village & Kitchen,
Inc. extending the Agreement to June 30, 2020, and increasing the level of funding by
$75,000. The Agreement will include a provision that if the Desert Healthcare District
Foundation provides an additional dollar-for-dollar Matching Grant for Wrap-Around
Services to the City the level of funding would increase to $150,000.
2. Authorize the City Manager to execute all necessary documents.
Q. CONCEPTUAL APPROVAL OF THE TEMPORARY INSTALLATION OF THE
ARTWORK "HISTORY OF SUSPENDED TIME" BY GONZALO LEBRIJA ON
LOAN FROM THE PALM SPRINGS ART MUSEUM AT THE CITY'S PARCEL
LOCATED AT THE SOUTHEAST CORNER OF MUSEUM DRIVE AND
MUSEUM WAY
In response to City Council inquiry, Ms. Sheffer agreed to postpone installation of the
artwork until the end of Modernism Week.
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Approve placement of the public art piece "History of Suspended Time" by Gonzalo
Lebrija at the southeast corner of North Museum Drive and Museum Way on the City
parcel identified as "Block H2" of the Downtown Project.
2. Authorize an expenditure in an amount not to exceed $35,000 from the Public Arts
Fund to assist with site preparation and maintenance of the Artwork, subject to an
agreement with the Palm Springs Art Museum.
3. Authorize the City Manager to execute all necessary documents to facilitate the
installation and maintenance of the artwork.
City Council Minutes November 6, 2019
City of Palm Springs Page 12
2. PUBLIC HEARINGS:
A. REQUEST BY LJ EDGCOMB ON BEHALF OF NEW VALLEY PS, LLC, FOR A
PROPOSED TENTATIVE TRACT MAP 37706 (TTM 37706) TO SUBDIVIDE AN
UNDEVELOPED 8.48-ACRE PARCEL INTO FORTY (40) SINGLE-FAMILY
RESIDENTIAL LOTS, FOUR LETTERED LOTS, AND PRIVATE STREETS
WITHIN THE ESCENA PLANNED DEVELOPMENT DISTRICT (PD -231)
LOCATED AT 1000 NORTH GENE AUTRY TRAIL; ZONE PD-231; SECTION 07
(CASE TTM 37706)
Director of Planning Services Fagg narrated a PowerPoint presentation.
Mayor Moon opened the Public Hearing.
LJ Edgecomb, Applicant, advised that the proposal is a continuation of the existing Escena
development and urged City Council approval.
There being no others desiring to speak, Mayor Moon closed the Public Hearing.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to adopt Resolution No. 24672 entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING TENTATIVE TRACT MAP 37706 (TTM 37706) FOR THE
SUBDIVISION OF APPROXIMATELY 8.48-ACRE PARCEL INTO 40 SINGLE-
FAMILY RESIDENTIAL LOTS AND 4 LETTERED LOTS WITHIN THE ESCENA
DEVELOPMENT LOCATED AT 1000 NORTH GENE AUTRY TRAIL, ZONE
PDD-231, SECTION 07."
B. AGRE DCP PALM SPRINGS, LLC (DBA: RIVIERA HOTEL) FOR A
TENTATIVE TRACT MAP AND SECOND AMENDMENT TO OPERATIONS
COVENANT FOR TIME SHARE PURPOSES AS PART OF THE RIVIERA
HOTEL AND RESORT LOCATED AT 1600 NORTH INDIAN CANYON DRIVE,
ZONE R-3, SECTION 2. (CASE NO TTM 37726)
Director of Planning Services Fagg narrated a PowerPoint presentation and responded to
City Council inquiries.
Mayor Moon opened the Public Hearing.
Heather Turner, Applicant, spoke on the benefits of converting the hotel rooms to
timeshares for her business and the community, including reduced traffic and parking
impacts; stated that all construction will be interior, with no impacts to the building
exterior, with an anticipated construction period of 12-18 months; advised that
management has been meeting with neighborhood residents to address concerns related to
noise, trash pickups, HVAC equipment, and large events.
City Council Minutes November 6, 2019
City of Palm Springs Page 13
Doug Watson, representing Rivera Hotel, noted that timeshares will result in long lengths
of stay per visit and reduce reliance on large events and conferences.
Celeste Brackley, voiced support for the timeshares proposal, noting that it will benefit
local businesses and restaurants.
Aftab Dada, opined that the Rivera Hotel’s location is a disadvantage as it generally does
not benefit from large conventions; pointed out that allowing timeshares will make the
hotel more sustainable as a 200-room resort.
Mark Jeffrey, representing Rivera Hotel, noted that the hotel is moving forward with efforts
to mitigate noise from large events, soundproofing the cogeneration plant, relocating the
trash compactor, and establishing a 24-hour hotline for residents to report issues related to
the hotel.
There being no others desiring to speak, Mayor Moon closed the Public Hearing.
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
ROBERTS, CARRIED 5-0, to:
1. Adopt Resolution No. 24673 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE
TRACT MAP 37726 FOR TIME SHARE PURPOSES FOR THE CONVERSION OF
163 ROOMS AT THE RIVIERA RESORT LOCATED AT 1600 NORTH INDIANA
CANYON DRIVE, ZONE R-3, SECTION 2, APN 501-090-014.”
2. Approve and authorize the City Manager to execute that certain "Second Amendment
to Operations Covenant" between the City and the applicant, authorizing the operation
of the time share units that are the subject of this application, as amended to include
verbiage limiting occupancy to transient occupancy as defined in the Palm Springs
Municipal Code.
C. REQUEST BY THE CITY OF PALM SPRINGS FOR A AMENDMENT TO THE
PALM SPRINGS ZONING CODE (PSZC) AMENDING CHAPTER 93.00 TO ADD
SECTIONS 93.16.00 THROUGH 93.16.09 AND AMENDING SECTIONS 92.17.1.01,
92.17.2.01, 92.20.01, 92.21.01 AND 93.03.00 TO FACILITATE SOLAR ENERGY
SYSTEMS (CASE 5.1470 ZTA)
Sustainability Manager Tallarico presented the staff report.
In response to City Council inquiry, City Manager Ready advised that staff will develop
administrative guidelines for the installation of solar panels.
Mayor Moon opened the Public Hearing.
David Freedman, speaking on behalf of the Sustainability Commission, voiced support and
urged City Council adoption of the proposed ordinance.
City Council Minutes November 6, 2019
City of Palm Springs Page 14
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 introduce Ordinance No. 2004 entitled, "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING PALM SPRINGS ZONE 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 FACILITATE SOLAR ENERGY
SYSTEMS (CASE 5.1470 ZTA).”
AGENDA REORDER
The City Council agreed and ordered Item Nos. 2D and 3A to be heard concurrently.
2D. REQUEST BY THE CITY OF PALM SPRINGS TO AMEND CHAPTERS
91, 92, 93 AND 94 OF THE PALM SPRINGS ZONING CODE (PSZC)
RELATIVE TO THE DEVELOPMENT STANDARDS FOR CANNABIS USES
(CASE 5.1218-H ZTA)
AND
3A. INTRODUCTION OF AN ORDINANCE TO REPEAL CHAPTERS 5.35 AND 5.45
OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO MEDICAL
CANNABIS AND RELATED BUSINESSES AND ACTIVITIES, AND AMENDING
CHAPTER 5.55 OF THE PALM SPRINGS MUNICIPAL CODE TO CONFORM
TO THE STATE LAWS AND REGULATIONS REGARDING ADULT-USE
CANNABIS RELATED BUSINESS AND ACTIVITIES
Councilmember Holstege announced her recusal, noting that her husband is a real estate
broker and has property listings related to cannabis-related businesses; left the Council
Chamber at 7:46 p.m. and returned at 10:15 p.m.
Director of Planning Services Fagg narrated a PowerPoint presentation and responded to
City Council inquiries.
In response to City Council inquiries, Jay Takacs, 15000, Inc., City’s Odor Control
Consultant, advised that there are mechanical and engineering solutions to address
cannabis odor control problems; explained the filtration and dilution processes needed for
cannabis odors to be undetectable; noted that it may be cost prohibitive to retrofit an
existing building to prevent all cannabis odor leakage.
Mayor Moon opened the Public Hearing.
Carina Romero-Castro, voiced opposition to a minimum experience requirement for
cannabis business operators, noting that it is a new industry; noted that the number of odor
complaints have reduced in recent history.
City Council Minutes November 6, 2019
City of Palm Springs Page 15
Paula Auburn, voiced support for the proposed ordinance, noting that residents are primarily
concerned with cannabis cultivation and manufacturing operations; questioned whether odor
control technologies are truly effective in mitigating odor impacts in existing buildings.
Kyle Husfloen, voiced support for the establishment of a green zone; stressed the
importance of communicating with One-PS regarding proposed cannabis facilities.
Lauri Kibby, opined that it is not possible to eliminate all odors and that there should be
some allowances for minor odors; noted that cannabis businesses bring good paying jobs
and benefits the community; voiced support for allowing applications already submitted to
proceed under the existing ordinance’s regulations.
Jocelyn Kane, stated that the cannabis industry is working towards controlling odor issues;
voiced opposition to restricting cannabis cultivation and manufacturing to a limited area
with little infrastructure; expressed support for allowing existing applicants to proceed
under the existing ordinance’s regulations.
Alanne Turina, voiced opposition to allowing cannabis cultivation or manufacturing near
any residential areas; opined that all applications under review should be subject to the new
ordinance.
Jimmy Elrod, voiced support for the proposed ordinance, noting that it will support the
local workforce with living wages and requires use of responsible contractors.
Ardine Thompson, voiced support for adoption of the proposed ordinance; opined that all
applications still under review should be subjected to the new ordinance; expressed concern
about detecting the source of odor complaints when multiple cannabis businesses are
located in a single business park or building.
Steve Wijatyk, urged the City Council to give consideration to small businesses which
desire to cultivate, manufacture, dispense, and allow onsite consumption within a single
facility.
Jason Zahler, voiced support for allowing applications under review to continue to process
under the existing regulations.
Shane Canby, voiced support for allowing applications under review to continue to process
under the existing regulations.
Hank Bates, pointed out that cannabis odors may derive from cannabis users rather than
cannabis businesses; spoke on the need to support small craft businesses in the cannabis
industry.
Rick Pantele, urged the City Council to allow applications already in process to proceed
under the existing regulations; noted that lounges provide a location for tourists to legally
consume cannabis without disturbing others.
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City of Palm Springs Page 16
LR Sanders, spoke on the need for addressing infrastructure in the proposed green zone,
including sanitary sewers.
Daryl Terrell, recommended that the city waive development impact fees for businesses in
the proposed green zone.
Aron Velarde, voiced support for the proposed ordinance and the requirement for a labor
peace agreement, noting that cannabis businesses will provide living wages to its
employees.
Aftab Dada, urged the City Council to allow applications in the pipeline to proceed under
the existing regulations, noting that it sends the right message to small businesses desiring
to locate in Palm Springs.
Joy Brown Meredith, urged the City Council to allow small cannabis cultivation operations
in areas outside of the proposed green zone.
There being no others desiring to speak, Mayor Moon closed the Public Hearing.
In response to City Council inquiry, Director Goedhart advised that she believes that code
enforcement staffing levels are adequate, noting that staff will continue to monitor the
workload. City Manager Ready opined that existing fees and charges are adequate to cover
the cost of administering the cannabis program and that fees will be reviewed annually.
Councilmember Middleton noted that there should be a clear accounting to ensure that the
general fund is not subsidizing the administration of the cannabis regulations.
Mayor Pro Tem Kors requested that staff develop a set of criteria for considering distance
waiver requests for future City Council consideration.
City Council action related to Item 2D:
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
ROBERTS, CARRIED 4-0 (COUNCILMEMBER HOLSTEGE RECUSED), to introduce
Ordinance No. 2007 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING VARIOUS SECTIONS
OF THE PALM SPRINGS ZONING CODE RELATED TO THE LOCATION
AND OPERATION OF CANNABIS FACILITIES WITH IN THE CITY
(CASE 5.1218-H ZTA),” subject to corrections to the parking requirements for cultivation
uses, development standards for cannabis uses on the E-I (Energy Industrial) and M-2
(Manufacturing) zones, and use table for the E-I and M-2 zone districts.
City Council Minutes November 6, 2019
City of Palm Springs Page 17
City Council action related to Item 3A:
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
ROBERTS, CARRIED 4-0 (COUNCILMEMBER HOLSTEGE RECUSED), to introduce
Ordinance No. 2005 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.55 OF THE
PALMS SPRINGS MUNICIPAL CODE REGARDING CANNABIS USE AND
DELETING CHAPTERS 5.35 AND 5.45 OF THE PALM SPRINGS MUNICIPAL
CODE," subject to the following modifications:
a. Make criminal disqualifications of applicants set forth in Section 5.55.090 consistent
with State regulations. Removing authority of the City Manager to set aside denial and
setting forth criteria for consideration in setting aside denial.
b. Amend the definition of labor peace agreement to include additional city requirements.
c. Revise Section 5.55.125 Tax Incentives, to clarify that tax incentives for businesses
located in the cannabis overlay zone will only be applicable to cultivation.
MEETING RECESS:
The City Council recessed at 10:00 p.m. and reconvened at 10:15 p.m., with all members present.
3. LEGISLATIVE:
A. INTRODUCTION OF AN ORDINANCE TO REPEAL CHAPTERS 5.35 AND 5.45
OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO MEDICAL
CANNABIS AND RELATED BUSINESSES AND ACTIVITIES, AND AMENDING
CHAPTER 5.55 OF THE PALM SPRINGS MUNICIPAL CODE TO CONFORM
TO THE STATE LAWS AND REGULATIONS REGARDING ADULT-USE
CANNABIS RELATED BUSINESS AND ACTIVITIES
The City Council reorder the agenda to consider Item Nos. 2D and 3A concurrently. Please
refer to Page 14 of these minutes for a summary of that action.
City Council Minutes November 6, 2019
City of Palm Springs Page 18
B. INTRODUCE AN ORDINANCE TO AMEND THE PALM SPRINGS MUNICIPAL
CODE RELATING TO THE CITY COUNCIL REGULAR MEETING PLACE,
DAYS, AND TIME AND ADOPT A RESOLUTION ESTABLISHING THE CITY
COUNCIL REGULAR MEETING PLACE, DAYS, AND TIME
City Clerk Mejia presented the staff report.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. Introduce Ordinance No. 2006 entitled "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTERS
2.04.010 RELATING TO THE CITY COUNCIL MEETINGS PLACE, DAYS, AND
TIME."
2. Adopt Resolution No. 24674 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE REGULAR
MEETING PLACE, DAYS, AND TIMES."
4. UNFINISHED BUSINESS:
A. CONSIDERATION OF AN AMENDED AND RESTATED HOTEL OPERATIONS
COVENANT BETWEEN THE CITY OF PALM SPRINGS AND NEW CHURCH
II, LLC, A NEVADA LIMITED LIABILITY COMPANY, AND CAHUILLA
CHURCH, LLC, A NEVADA LIMITED LIABILITY COMPANY, FOR THE
ORCHID TREE HOTEL, NORTHWEST CORNER OF BARISTO ROAD AND
BELARDO ROAD, 284 S. CAHUILLA ROAD; EXTENDING THE HOTEL
INCENTIVE PROGRAM DEADLINE FOR COMMENCEMENT OF
CONSTRUCTION AND INCORPORATING A PERFORMANCE SCHEDULE
FOR COMPLETION AND OPENING OF THE HOTEL
City Attorney Ballinger presented the staff report.
Mayor Pro Tem Kors opined that the verbiage related to the requirement for a “Luxury
Hotel” should remain consistent with previous verbiage approved by the City Council;
directed that the requirements for timely noticing should be incumbent upon the applicant
to request an extension, if needed; suggested that the force majeure language should be
modified to reflect the industry standard, noting that specific types of “acts of God” should
be outlined.
Richard Weintraub, Applicant, noted that the proposed force majeure verbiage would
impact his ability to obtain financing as it makes the transient occupancy tax rebate
vulnerable due to non-standard language; recommended that the force majeure verbiage be
modified to be similar to the language contained in the agreement for the Virgin Hotel.
City Council Minutes November 6, 2019
City of Palm Springs Page 19
Following discussion, MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
COUNCILMEMBER KORS, CARRIED 5-0, to:
1. Approve an Amended and Restated Hotel Operations Covenant between the City of
Palm Springs, and New Church II, LLC, a Nevada limited liability company, and
Cahuilla Church, LLC, a Nevada limited liability company, to accommodate
development, construction, and operation of a new luxury hotel project on the property
located between Cahuilla Road and Belardo Road, between Arenas Road and Baristo
Road, with direction that the force majeure provision be negotiated and finalized by the
City Attorney and City Council Subcommittee on Legal Issues.
2. Authorize the City Manager to execute all necessary documents.
5. NEW BUSINESS:
A. REQUEST FOR ADMINISTRATIVE MINOR MODIFICATIONS FOR RELIEF
FROM SEPARATION REQUIREMENTS BETWEEN CANNABIS FACILITIES
FOR SEVEN CANNABIS DISPENSARY AND LOUNGE FACILITIES IN THE
PALM CANYON DRIVE AND INDIAN CANYON DRIVE COMMERCIAL
CORRIDORS
Director of Planning Services Fagg narrated a PowerPoint presentation and responded to
City Council inquiries.
Community Development, LLC
Councilmember Holstege announced her recusal related to the property at 317 N. Indian
Canyon Drive, noting that her husband is a real estate broker and sold the subject property
within the previous 12 months; left the Council Chamber at 10:46 p.m.
During the course of discussion, the City Council agreed the proposed facility would
contribute to an oversaturation of cannabis facilities within a 500 foot radius.
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY MAYOR PRO TEM
KORS, CARRIED 4-0 (COUNCILMEMBER HOLSTEGE RECUSED), to adopt
Resolution No. 24675 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 A CANNABIS DISPENSARY LOCATED AT 317
NORTH INDIAN CANYON DRIVE (CASE 7.1588AMM)”
Councilmember Holstege returned to the Council Chamber at 10:52 p.m.
City Council Minutes November 6, 2019
City of Palm Springs Page 20
Bocavento LLC (Kaleafa)
Councilmember Holstege expressed concern that the definition of overconcentration of
cannabis facilities is poorly defined and that the Cit y Council should give greater
consideration to distance waiver requests, noting that applicants may have already made
substantial investments.
Mayor Moon pointed out that applicants were aware that distance waivers were subject to
City Council approval and they proceeded with the known risk that it could be denied.
Councilmember Roberts and Mayor Pro Tem Kors expressed concern regarding cannabis
lounges facing Palm Canyon Drive, noting that the lounges require blacked out windows.
Mayor Pro Tem Kors expressed concern about too many 21 years of age and over
businesses being located in the downtown business district.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
KORS, CARRIED 4-1 (COUNCILMEMBER HOLSTEGE VOTING NO), to adopt
Resolution No. 24676 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 A CANNABIS DISPENSARY/LOUNGE
LOCATED AT 671-675 NORTH PALM CANYON DRIVE (CASE 7.1580 AMM).”
OG Arabian Nights
In response to City Council inquiry, Philip Wen, Applicant, agreed that he is willing to pay
the parking in lieu fee, if deemed necessary.
Following discussion, the City Council referred OG Arabian Nights, located at 232 North
Palm Canyon Drive, to the Architectural Advisory Committee for design review, with
direction to develop a window treatment that avoids blacking out the exterior windows.
One Plant
Mayor Pro Tem Kors noted that there is an anteroom before entering the lounge area,
eliminating the need for blacking out the exterior windows.
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 24677 entitled, “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
GRANTING AN ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF FROM
THE MINIMUM SEPARATION DISTANCE REQUIREMENT FOR A CANNABIS
DISPENSARY/ LOUNGE LOCATED AT 2739 NORTH PALM CANYON DRIVE
(CASE 7.1583 AMM).”
City Council Minutes November 6, 2019
City of Palm Springs Page 21
The Row House
In response to City Council inquiry, Ryan Mierau, Applicant, advised that he is willing to
install an elevator to ensure that the building is ADA accessible.
The City Council referred The Row House, located at 2500 North Palm Canyon Drive, to
the Architectural Advisory Committee for design review, with direction that the facility
must be ADA accessible.
Area 29
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24678 entitled, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, GRANTING AN ADMINISTRATIVE MINOR MODIFICATION FOR
RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENT FOR A
CANNABIS DISPENSARY LOCATED AT 1508 SOUTH PALM CANYON DRIVE
(CASE 7.1593AMM).”
Joy Industries
The application was withdrawn at the request of the applicant.
PUBLIC COMMENT:
Daryl Terrell, expressed gratitude to Councilmember Roberts and Mayor Moon for their leadership
and service on the City Council.
Joy Brown Meredith, expressed gratitude to Councilmember Roberts and Mayor Moon for their
service on the City Council and congratulated Grace Elena Garner and Dennis Woods on being
elected to the City Council.
Sid Craig, expressed gratitude to the City Council for its diversity and hard work.
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT:
The City Council agreed to conduct a special meeting regarding the Agua Caliente Arena
Conformity Report on December 5, 2019, at 6:00 p.m. at the Convention Center.
The City Council requested that consideration of rescheduling the City Council meeting of
December 18, 2019 to December 19, 2019, be agendized for the next City Council meeting.
Councilmember Roberts requested that staff evaluate re-striping the parking stalls on
South Calle Encila to be angled parking.
City Council Minutes November 6, 2019
City of Palm Springs Page 22
ADJOURNMENT:
The City Council adjourned at 11:29 p.m.
Respectfully submitted,
Anthony J. Mejia, MMC
City Clerk
APPROVED BY CITY COUNCIL: 12/04/2019