HomeMy WebLinkAbout2019-12-19 CC MINUTESWednesday, December 19, 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 Kors on
Wednesday, December 19, 2019, at 6:05 p.m., in the Council Chamber, City Hall, located at
3200 E. Tahquitz Canyon Way, Palm Springs, California.
PLEDGE OF ALLEGIANCE:
Mayor Kors led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Lisa Middleton, Dennis Woods and Mayor Geoff Kors
Absent: Councilmember Grace Elena Garner and Mayor Pro Tem Christy Holstege
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:
Mayor Kors and City Council presented a Proclamation to Jerry Keller declaring December 18, 2019,
as “Barbara Keller Love Day” in the City of Palm Springs.
Mayor Kors and City Council presented a Proclamation to Catherine Salazar, Senior Financial Analyst,
in recognition of her 28 years of service with the City.
Mayor Kors and City Council presented a Proclamation to Roxane O’Neil, Budget Audit and Revenue
Supervisor, in recognition of her 25 years of service with the City.
Sustainability Manager Tallarico displayed photos and reported on the community garden dedication
ceremony in memory of Michelle Mician, former Sustainability Manager.
Tom Tuckwood narrated a PowerPoint presentation regarding efforts to ensure that all residents are
counted in the 2020 Census.
Mary Jo Ginther, representing the Palm Springs Bureau of Tourism, displayed videos and reported on
the Uniquely Palm Springs marketing campaign.
City Council Minutes December 19, 2019
City of Palm Springs Page 2
ACCEPTANCE OF THE AGENDA:
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
WOODS, CARRIED 3-0, to remove Consent Calendar Item Nos. 1F, 1I, 1L, and 1N for separate
discussion.
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of December 19, 2019, was called to order by
Mayor Kors at 4:30 p.m., with all members present.
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
Robert Hildie v. City of Palm Springs,
Case No. PSC1908536, 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):
Six (6) 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 two (2) matters the City Council has
decided or may decide to initiate litigation.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code
Section 54956.8:
Property Address/Description: 3111 East Tahquitz Canyon Way
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or designee
Negotiating Parties: Joe Wallace, Coachella Valley Economic Partnership
Under Negotiation: Price and Terms of Payment (Lease)
City Council Minutes December 19, 2019
City of Palm Springs Page 3
Property Address/Description: 3400 Tahquitz Canyon Way, Palm Springs (portions
of airport)
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: 287 S. El Cielo Road (APN 502-210-023)
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or designee
Negotiating Parties: Coachella Valley Rescue Mission
Under Negotiation: Price and Terms of Payment (Lease)
Property Address/Description: 3601 E. Mesquite Avenue, Palm Springs
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or designee
Negotiating Parties: United Cerebral Palsy of the Inland Empire
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:
Jeff Jones, speaking on Item 1F, voiced support for the all-way stop at the intersection of Belardo
Road and Amado Road.
Ann Sheffer, speaking on Item 1N, requested that the City Council support the proposed murals;
noted that the Public Arts Commission is taking efforts to increase engagement with public art.
Tracy Merrigan, speaking on Item 1N, voiced support for the proposed murals and discussed
upcoming art projects throughout the City.
Jim Franklin, speaking on Item 3A, recommended that the City Council adopt the proposed
ordinances and expressed appreciation for allowing self-certification of smoke detector inspections
upon the transfer of real property.
Jeffrey Clarkson, speaking on Item 3B, voiced support for the proposed ordinance, noting that the
Airport Commission unanimously supported the amendments.
City Council Minutes December 19, 2019
City of Palm Springs Page 4
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS:
Sustainability Manager Tallarico provided an update on proposed trash cans for the Downtown.
Assistant City Manager Fuller provided an update on the Indian Canyon two -way conversion
project.
Councilmember Middleton reported on her participation in the Wreath Across America event in
honor of veterans; spoke on her participation in the first LGBTQ & Aging Seminar at the
Convention Center; invited the community to attend the Class 1 Historic Site dedication ceremony
for the American Legion building on January 3, 2020; noted that CalPERS will be seeking
stakeholder input on January 22, 2020, and recommended that City representative participate in
the meeting.
Mayor Kors reported on recent meetings and events held in Palm Springs; provided updates
regarding Desert Community Energy and the activities of the Business Retention Standing
Committee; provided status updates on the Andaz Hotel, Dream Hotel, Orchid Tree Hotel, Tova
Hotel, and Virgin Hotel; requested that staff agendize quarterly updates on major projects and
developments occurring throughout the City.
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
WOODS, CARRIED 3-0, to approve the consent calendar, with the removal of Item Nos. 1F,
1I, IL, and 1N for separate discussion.
A. APPROVAL OF MINUTES
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
WOODS, CARRIED 3-0, to approve the City Council Meeting Minutes of December 4, 2019.
B. APPROVAL OF PAYROLL WARRANTS, CLAIMS, AND DEMANDS
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
WOODS, CARRIED 3-0, to adopt Resolution No. 24685 entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDING
11-16-2019 BY WARRANTS NUMBERED 420898 THROUGH 420910 TOTALING
$32,830.17 CLAIMS, DEMANDS AND LIABILITY CHECKS NUMBERED 1109919
THROUGH 1110207 TOTALING $3,162,893.63, FOUR WIRE TRANSFERS FOR
$73,230.16, AND FIVE ELECTRONIC ACH DEBITS OF $1,720,472.98 IN THE
AGGREGATE AMOUNT OF $4,989,426.94, DRAWN ON BANK OF AMERICA."
City Council Minutes December 19, 2019
City of Palm Springs Page 5
C. APPROVE THE ADDENDUM TO THE THIRD AMENDMENT AND
RESTATEMENT OF THE JOINT POWERS AGREEMENT OF THE
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS ADMITTING
THE TORRES MARTINEZ DESERT CAHUILLA INDIANS AS A MEMBER OF
THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
WOODS, CARRIED 3-0, to:
1. Approve the addendum to the Third Amendment and Restatement of the Coachella
Valley Association of Governments Joint Powers Agreement, establishing the Torres
Martinez Desert Cahuilla Indians as formal members.
2. Authorize the Mayor and City Manager to execute all documents related to its
implementation.
D. APPROVAL OF PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID THE HIGHWAY SAFETY IMPROVEMENT
PROJECT (CYCLE 7), FEDERAL-AID PROJECT NO. HSIPL-5282 (046), CITY
PROJECT NO. 15-32
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
WOODS, CARRIED 3-0, to approve the plans, specifications, and estimate; and authorize
staff to advertise and solicit bids for the Highway Safety Improvement Project (Cycle 7),
City Project No. 15-32.
E. APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. F049 WITH THE
STATE OF CALIFORNIA FOR USE OF HIGHWAY SAFETY IMPROVEMENT
PROGRAM (HSIP) FUNDS FOR THE HIGHWAY SAFETY IMPROVEMENT
PROJECT (CYCLE 9), FEDERAL-AID PROJECT NO. HSIPLN-5282(049), CITY
PROJECT NO. 18-05
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
WOODS, CARRIED 3-0, to adopt Resolution No. 24686 entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. F049 TO
ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS
NO. 08-5282F15 WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF
$303,500 FOR USE OF HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP)
FUNDS FOR THE HIGHWAY SAFETY IMPROVEMENT PROJECT (CYCLE 9),
FEDERAL-AID PROJECT NO. HSIPL-5282 (049), CITY PROJECT NO. 18-05."
F. APPROVAL OF AN ALL-WAY STOP AT THE INTERSECTION OF BELARDO
ROAD AND AMADO ROAD
This item was excluded from the Consent Calendar. Please refer to Page 8 of these minutes
for a summary of that action.
City Council Minutes December 19, 2019
City of Palm Springs Page 6
G. REQUEST FOR APPROVAL OF MILLS ACT HISTORIC PROPERTY
PRESERVATION AGREEMENT FOR CLASS 1 HISTORIC SITE LOCATED AT
127 EAST TWIN PALMS DRIVE (ROYAL HAWAIIAN ESTATES HD-2)
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
WOODS, CARRIED 3-0, to:
1. Approve a Mills Act Historic Property Preservation Agreement between the City of
Palm Springs, Anthony Gentilella and the Royal Hawaiian Estates Homeowners
Association, for 127 East Twin Palms Drive (HSPB 73 HD-2).
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement.
H. REQUEST FOR APPROVAL OF MILLS ACT HISTORIC PROPERT Y
PRESERVATION AGREEMENT FOR CLASS 1 HISTORIC SITE LOCATED AT
360 CABRILLO ROAD UNIT 110 (RACQUET CLUB COTTAGES WEST HD-3)
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
WOODS, CARRIED 3-0, to:
1. Approve a Mills Act Historic Property Preservation Agreement between the City of
Palm Springs, Katherine Cavallini and Shaun Cunningham and the Racquet Club
Garden Villas Homeowners Association, for 360 Cabrillo Road Unit 110 (HSPB #88 /
HD-3).
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement.
I. ACCEPT RESIGNATIONS FROM THE HISTORIC SITE PRESERVATION
BOARD AND HUMAN RIGHTS COMMISSION
This item was excluded from the Consent Calendar. Please refer to Page 9 of these minutes
for a summary of that action.
J. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE
MONTHS OF OCTOBER AND NOVEMBER 2019
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
WOODS, CARRIED 3-0, to receive and file the report of Staff Authorized Agreements
and Purchase Orders for the period of October 1, 2019 through November 30, 2019.
City Council Minutes December 19, 2019
City of Palm Springs Page 7
K. APPROVAL OF AMENDMENT NO. 5 IN THE AMOUNT OF $10,000 TO
PROFESSIONAL SERVICES AGREEMENT NO. A6132 WITH MICHAEL
FONTANA AND ASSOCIATES FOR ON-CALL FACILITY CONSTRUCTION
OWNER REPRESENTATIVE SERVICES
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
WOODS, CARRIED 3-0, to:
1. Approve Amendment No. 5 to Agreement No. A6132, increasing the contract amount
by $10,000, for a total not to exceed $210,000, with Michael Fontana and Associates
for On-Call Facility Construction Owner Representative Services.
2. Authorize the City Manager to execute all necessary documents.
L. APPROVAL OF BILLBOARD RELOCATION AND SETTLEMENT
AGREEMENT WITH LAMAR CENTRAL OUTDOOR, LLC, A DELAWARE
LIMITED LIABILITY CORPORATION FOR THE RAMON ROAD AND
BRIDGE WIDENING PROJECT, CITY PROJECT NO. 08-25, FEDERAL AID
PROJECT NO. BHLS 5282 (040); APN 677-420-023
This item was excluded from the Consent Calendar. Please refer to Page 9 of these minutes
for a summary of that action.
M. CITY OF PALM SPRINGS DEVELOPMENT PROJECT FEE REPORT FOR
FISCAL YEAR 2018-19
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
WOODS, CARRIED 3-0, to receive and File the City's Development Project Fee Report
for Fiscal Year 2018-19.
N. REQUEST BY THE PALM SPRINGS PUBLIC ARTS COMMISSION FOR
APPROVAL OF TWO ART MURALS ON THE NORTH FACADE OF THE PALM
SPRINGS CULTURAL CENTER AT 2300 EAST BARISTO ROAD (CASE 19-004
MUR)
This item was excluded from the Consent Calendar. Please refer to Page 9 of these minutes
for a summary of that action.
City Council Minutes December 19, 2019
City of Palm Springs Page 8
O. APPROVAL AND TRANSMITTAL OF RECOGNIZED OBLIGATIONS
PAYMENT SCHEDULE (ROPS 20-21A AND 20-21B) FOR THE PERIOD OF
JULY 1, 2020 THROUGH JUNE 30, 2021, PURSUANT TO SECTION 34169(G)(1)
OF CALIFORNIA HEALTH & SAFETY CODE
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
WOODS, CARRIED 3-0, to adopt Resolution No. 24690 entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING
SOLELY IN ITS CAPACITY AS SUCCESSOR AGENCY TO THE PALM SPRINGS
COMMUNITY REDEVELOPMENT AGENCY APPROVING THE RECOGNIZED
OBLIGATION PAYMENT SCHEDULE (ROPS 20-21 A&B) AND AN
ADMINISTRATIVE EXPENSE BUDGET FOR THE PERIOD OF JULY 1, 2020 ,
THROUGH JUNE 30, 2021, PURSUANT TO THE CALIFORNIA HEALTH & SAFETY
CODE."
P. RANGE SERVICES AGREEMENT BETWEEN PALM SPRINGS POLICE
DEPARTMENT AND STATE OF CALIFORNIA, DEPARTMENT OF
CORRECTIONS AND REHABILITATION, 2019-2022
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
WOODS, CARRIED 3-0, to:
1. Approve a Facilities Use Agreement with the State of California - Department of
Corrections and Rehabilitation to use the Palm Springs Police Department's firing
range, with an estimated $11,704 in revenue to the City, through June 30, 2022.
2. Authorize the City Manager to execute all necessary documents.
EXCLUDED CONSENT CALENDAR:
F. APPROVAL OF AN ALL-WAY STOP AT THE INTERSECTION OF BELARDO
ROAD AND AMADO ROAD
Assistant City Manager Fuller presented the staff report.
Mayor Kors requested that temporary stop signs, in addition to the permanent stop sign, be
setup for a short duration to assist residents while becoming acquainted to the new all-way
stop.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
WOODS, CARRIED 3-0, to adopt Resolution No. 24687 entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING THE CITY ENGINEER TO ESTABLISH AN ALL-WAY STOP
CONTROLLED INTERSECTION AT BELARDO ROAD AND AMADO ROAD IN
ACCORDANCE WITH SECTION 12.16.030 OF THE PALM SPRINGS MUNICIPAL
CODE."
City Council Minutes December 19, 2019
City of Palm Springs Page 9
I. ACCEPT RESIGNATIONS FROM THE HISTORIC SITE PRESERVATION
BOARD AND HUMAN RIGHTS COMMISSION
Mayor Kors requested that Certificates of Appreciation, signed by all Councilmembers, be
issued to all outgoing Board Members and Commissioners.
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 3-0, to:
1. Accept with regret the resignation of William LaVoie from the H istoric Site
Preservation Board.
2. Accept with regret the resignations of Jim Gross and David Morgan from the Human
Rights Commission.
L. APPROVAL OF BILLBOARD RELOCATION AND SETTLEMENT
AGREEMENT WITH LAMAR CENTRAL OUTDOOR, LLC, A DELAWARE
LIMITED LIABILITY CORPORATION FOR THE RAMON ROAD AND
BRIDGE WIDENING PROJECT, CITY PROJECT NO. 08-25, FEDERAL AID
PROJECT NO. BHLS 5282 (040); APN 677-420-023
In response to City Council inquiry, Assistant City Manager Fuller advised that no General
Funds are being used in relation to this matter.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
WOODS, CARRIED 3-0, to:
1. Approve an Agreement for a Billboard Relocation and Settlement Agreement for
relocation of a double-faced, outdoor advertising display structure, in the amount of
$150,000 with Lamar Central Outdoor, LLC, a Delaware Limited Liability Corporation.
2. Authorize the City Manager to execute all necessary documents.
N. REQUEST BY THE PALM SPRINGS PUBLIC ARTS COMMISSION FOR
APPROVAL OF TWO ART MURALS ON THE NORTH FACADE OF THE PALM
SPRINGS CULTURAL CENTER AT 2300 EAST BARISTO ROAD (CASE 19-004
MUR)
In response to City Council inquiry, Mrs. Sheffer advised that the Public Arts Commission
hosted a Public Hearing on-site to discuss the proposed murals; opined that the murals will
be complimentary to each other.
City Council Minutes December 19, 2019
City of Palm Springs Page 10
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 3-0, to:
1. Adopt Resolution No. 24688 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ART
MURAL ENTITLED "VISITING MIRAGE" ON THE NORTH FACADE OF THE
PALM SPRINGS CULTURAL CENTER AT 2300 EAST BARISTO ROAD (CASE
19-004 MUR)."
2. Adopt Resolution No. 24689 entitled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ART MURAL
ENTITLED "TRANSPLANT" ON THE NORTH FACADE OF THE PALM SPRINGS
CULTURAL CENTER AT 2300 EAST BARISTO ROAD (CASE 19-004 MUR)."
2. PUBLIC HEARINGS:
A. APPEAL BY STEVE AGUILAR ON BEHALF OF MONTALVO ENTERPRISE,
LLC, OF THE PLANNING COMMISSION ACTION TO DENY A CONDITIONAL
USE PERMIT (CUP) APPLICATION TO OPERATE AN 8,740-SQUARE FOOT
CANNABIS MANUFACTURING, CULTIVATION, TRANSPORTATION AND
DISTRIBUTION FACILITY WITHIN FOUR UNITS OF A VACANT 13-UNIT
INDUSTRIAL BUILDING LOCATED AT 1251 MONTALVO WAY, UNITS B
THROUGH E, ZONED M-1-P, SECTION 07 (CASE 5.1475- CUP)
Director of Planning Services Fagg narrated a PowerPoint presentation and responded to
City Council inquiries.
Mayor Kors opened the Public Hearing.
Steve Aguilar, Appellant, asserted that the Planning Commission did not fully-consider the
amended odor control plan; stated that the facility will utilize State of the Art odor control
equipment.
Paula Auburn, voiced opposition to the proposed facility, citing concerns related to odors;
opined that the revised odor control plan should be remanded to the Planning Commission
for reconsideration.
Neil Garrett, expressed opposition to the proposed project, voicing concern related to
cannabis odors and close proximity to a Montessori school.
Sheeryn Asghari, spoke on her concerns related to cannabis odors, suggesting that the
facility should be relocated away from residential areas.
City Council Minutes December 19, 2019
City of Palm Springs Page 11
The following individuals spoke in support of Mr. Aguilar’s personal character and opined
that the odor control plan is sufficient to control cannabis odors:
Erik Flexner
Ziari Aguilar
Jeff Fultz
Renee Aguilar
Zoran Hindrich
Lance Strumpf, Attorney representing Mr. Aguilar, pointed out that the City’s odor control
consultant advised that it is feasible that the facility can be engineered to control odors;
expressed a desire for the application to proceed under the existing ordinance requirements.
Steve Aguilar, urged the City Council to work with him to address any odor concerns.
There being no others desiring to speak, Mayor Kors closed the Public Hearing.
In response to City Council inquiry, City Attorney Ballinger advised that the appli cation
will be processed under the existing ordinance, noting that violations against the City’s
odor regulations would be an operational citation and applicable to all cannabis facilities;
noted that the new cannabis regulations will also require labor peace agreements for all
cannabis facilities, as applicable.
In response to City Council inquiry, Director Fagg advised that the odor control plan
submitted by the applicant tonight has not been reviewed by the Planning Commission or
the City’s odor control consultant; noted that the facility complies with distance
requirements from protected uses.
Following discussion, MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
COUNCILMEMBER WOODS, CARRIED 3-0, to refer this matter to the Planning
Commission for reconsideration based on the revised odor control plan.
The City Council requested that the revised odor control plan be submitted to the City’s
Odor Control Consultant for review and comments prior to consideration by the Planning
Commission.
B. AN APPLICATION BY THE PALM SPRINGS PRESERVATION FOUNDATION
("PSPF") REQUESTING CLASS 1 HISTORIC RESOURCE DESIGNATION OF
"INSPIRATION POINT" (AKA "THE PROMONTORY") LOCATED AT THE
WESTERN TERMINUS OF CHINO DRIVE, CASE HSPB #115
Planning Services Director Fagg narrated a PowerPoint presentation and responded to City
Council inquires.
Mayor Kors opened the Public Hearing.
Irene Block, Applicant, representing the Palm Springs Preservation Foundation, spoke in
support of nomination for historic designation of the site; noted that the Foundation
considered the site to be a potential historic site in 1970.
City Council Minutes December 19, 2019
City of Palm Springs Page 12
Brian Foster, property owner, advised that he intends to preserve all historic attributes
which do not interfere with the potential development of the site; voiced opposition to
including the platform within the historic designation, noting that he opposes any
designation which would interfere or undermine the future development of the site.
Following individuals spoke in support of the Class 1 Historic Designation and requested
that the site platform be included in the historic designation:
Jan Harper
Hugh Kaptur
Tom Jakway
Tempe Essell
Steve Keylon
Scott Lyle, realtor for Mr. Foster, asserted that the Historic Site Preservation Board is
opposed to any hillside development at the site and overreached by recommending
inclusion of the site platform.
Brad Anderson, opined that if the property owner does not support the historic designation,
that it should not be imposed by the City.
Hugh Kaptur, on behalf of Irene Block, spoke on the importance of preserving the City’s
heritage, noting that significant structures such as the Desert Inn have been lost to new
developments; suggested that the City and/or private organizations should work towards
purchasing and preserving this site.
Brian Foster, property owner, advised that he supports the nomination, as he has no
intention to destroy the retaining wall; noted that the portions of the retaining wall may
need modifications to allow for vehicular access; spoke on the importance of preserving
property owner rights.
There being no others desiring to speak, Mayor Kors closed the Public Hearing.
In response to City Council inquiry, City Attorney Ballinger stated that views are not a
character defining characteristic considered by the City; opined that inclusion of the site
platform could be deemed a property taking by the courts.
In response to City Council inquiry, Director Fagg advised that the site could be developed
for a single family residence and would be subject to Architectural Advisory Committee
and Planning Commission review; advised that the retaining wall may need modifications
if the four lot subdivision at the base of the hillside were to move forward due to the need
for road widening for fire protection.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
WOODS, CARRIED 3-0, to adopt Resolution No. 24691 entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DESIGNATING "INSPIRATION POINT" (AKA "THE PROMONTORY") LOCATED
AT THE WESTERN TERMINUS OF CHINO DRIVE, EXCLUDING THE
PROMONTORY PLATFORM ITSELF, AS A CLASS 1 HISTORIC RESOURCE,
SUBJECT TO CONDITIONS (APN'S 513-070-006 AND 505-312-007)," noting that the
subject property meets criteria 1-6.
City Council Minutes December 19, 2019
City of Palm Springs Page 13
C. REQUEST BY FENTON BOOTH ON BEHALF OF GLENWOOD
MANAGEMENT GROUP, LLC, FOR A PROPOSED TENTATIVE TRACT MAP
37807 (TTM 37807) FOR THE CREATION OF A ONE-LOT CONDOMINIUM
MAP FOR A PREVIOUSLY APPROVED 17-UNIT APARTMENT COMPLEX
LOCATED AT 2150 NORTH ZANJERO ROAD; ZONE R-2; SECTION 03 (CASE
TTM 37807)
Planning Services Director Fagg narrated a PowerPoint presentation and responded to City
Council inquiries.
Mayor Kors opened the Public Hearing.
Fenton Booth, Applicant, explained that the development will not support market rate
apartments, noting that rents could be as high as $3,000 per month; requested that the City
Council support the continued deferral of Engineering Conditions of Approval Nos. 4-10.
In response to City Council inquiry, Mr. Booth advised that the condominiums will be
listed for $399,000 up to $650,000.
There being no others desiring to speak, Mayor Kors closed the Public Hearing.
In response to City Council inquiry, Assistant City Manager Fuller advised that staff
recommends the continued deferral of Engineering Conditions of Approval Nos. 4-10;
explained that the deferred conditions will be recorded on title and must be disclosed to
future buyers.
Mayor Kors recommended that staff review on all deferred improvements on an annual basis.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
WOODS, CARRIED 3-0, to adopt Resolution No. 24692 entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A PROPOSED TENTATIVE TRACT MAP TTM 37807 FOR THE
CREATION OF A ONE-LOT CONDOMINIUM MAP FOR A PREVIOUSLY
APPROVED 17-UNIT APARTMENT COMPLEX LOCATED AT 2150 NORTH
ZANJERO ROAD," with direction to defer Conditions of Approval Nos. 4-10
(Engineering).
D. REQUEST BY EHOF CANYON VIEW, LLC, FOR A TWO-YEAR EXTENSION
OF TIME FOR VESTING TENTATIVE TRACT MAP 36969 FOR 80 SINGLE -
FAMILY RESIDENTIAL LOTS AND 27 LETTERED LOTS FOR OPEN SPACE,
DRAINAGE FACILITIES AND PRIVATE STREETS ON AN UNDEVELOPED
13.25-ACRE PARCEL LOCATED AT THE SOUTHWEST CORNER OF EAST
PALM CANYON DRIVE AND MATTHEW DRIVE, ZONE PDD-381 (CASE
VTTM 36969)
Director of Planning Services Fagg presented the staff report.
City Council Minutes December 19, 2019
City of Palm Springs Page 14
Donald Povieno, Applicant, advised that additional time is needed due to delays related to
the Riverside County Flood Control and Water Conservation District.
There being no others desiring to speak, Mayor Kors closed the Public Hearing.
In response to City Council inquiry, Director Fagg confirmed that he anticipates it could
take up to two years to resolve issues with the Riverside County Flood Control and Water
Conservation District.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
WOODS, CARRIED 3-0, to adopt Resolution No. 24693 entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A TWENTY FOUR MONTH EXTENSION FOR VESTING TENTATIVE
TRACT MAP 36969 (VTTM 36969) BY EHOF CANYON VIEW, LLC, FOR A
SUBDIVISION CONSISTING OF 80 SINGLE-FAMILY RESIDENTIAL LOTS AND
27 LETTERED LOTS FOR OPEN SPACE, DRAINAGE FACILITIES AND PRIVATE
STREETS ON 13.25-ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER
OF EAST PALM CANYON DRIVE AND MATTHEW DRIVE."
E. CALLING AND CONDUCTING A SPECIAL ELECTION AND INTRODUCING
AN ORDINANCE AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN
ANNEXATION NO. 21, 22, AND 23 TO COMMUNITY FACILITIES DISTRICT
NO. 2005-1 (PUBLIC SAFETY SERVICES)
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
WOODS, CARRIED 3-0, to continue the Public Hearing to the City Council meeting of
January 9, 2020.
3. LEGISLATIVE:
A. PROPOSED ORDINANCES ADOPTING AND AMENDING THE 2019
CALIFORNIA BUILDING STANDARDS CODE (TITLE 24 OF THE
CALIFORNIA CODE OF REGULATIONS), THE 2019 CALIFORNIA FIRE
CODE, THE 2019 CALIFORNIA BUILDING CODE, THE 2019 CALIFORNIA
RESIDENTIAL CODE, THE 2019 CALIFORNIA PLUMBING CODE, THE 2019
CALIFORNIA MECHANICAL CODE, THE 2019 CALIFORNIA ELECTRICAL
CODE, THE 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE, THE
2019 CALIFORNIA ENERGY CODE, THE 2019 CALIFORNIA EXISTING
BUILDING CODE, THE 2019 CALIFORNIA HISTORICAL BUILDING CODE,
AND ADOPTING AND AMENDING THE 2018 INTERNATIONAL PROPERTY
MAINTENANCE CODE
Assistant City Manager Fuller, Building Official Estrada, and Fire Chief Nalder presented
the staff report.
City Council Minutes December 19, 2019
City of Palm Springs Page 15
Following discussion, MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
COUNCILMEMBER WOODS, CARRIED 3-0, to:
1. Introduce Ordinance No. 2008 entitled, "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND
RESTATING ARTICLE I OF CHAPTER 8.04 OF THE PALM SPRINGS
MUNICIPAL CODE, ADOPTING BY REFERENCE, TOGETHER WITH
CERTAIN ADDITIONS, AMENDMENTS, AND DELETIONS, THE 2019
CALIFORNIA BUILDING CODE, INCLUDING CHAPTER 1, APPENDICES C, I,
AND J; THE 2019 CALIFORNIA RESIDENTIAL CODE, INCLUDING APPENDIX
H; THE 2019 CALIFORNIA MECHANICAL CODE; THE 2019 CALIFORNIA
PLUMBING CODE, INCLUDING APPENDICES A, B, D, G, H, I AND K; T HE
2019 CALIFORNIA EXISTING BUILDING CODE; THE 2019 CALIFORNIA
HISTORICAL BUILDING CODE, INCLUDING APPENDIX A; THE 2019
CALIFORNIA ELECTRICAL CODE, INCLUDING ALL APPENDICES; THE 2019
CALIFORNIA ENERGY CODE, INCLUDING ALL APPENDICES; THE 2019
CALIFORNIA GREEN BUILDING STANDARDS CODE; AND THE 2018
INTERNATIONAL PROPERTY MAINTENANCE CODE, INCLUDING ALL
APPENDICES."
2. Introduce Ordinance No. 2009 entitled, "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND
RESTATING ARTICLE VI OF CHAPTER 8.04 OF THE PALM SPRINGS
MUNICIPAL CODE, ADOPTING BY REFERENCE, TOGETHER WITH
CERTAIN ADDITIONS, AMENDMENTS, AND DELETIONS, THE 2019
CALIFORNIA FIRE CODE, INCLUDING CERTAIN APPENDICES."
B. INTRODUCE AN ORDINANCE TO AMEND SECTION 2.16.042 OF THE PALM
SPRINGS MUNICIPAL CODE RELATING TO THE AIRPORT COMMISSION'S
STANDING NOISE SUBCOMMITTEE
City Manager Ready presented the staff report.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
WOODS, CARRIED 3-0, to introduce Ordinance No. 2010 entitled, "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 2.16.042 OF THE PALM SPRINGS MUNICIPAL CODE
RELATING TO THE COMMISSION'S STANDING NOISE SUBCOMMITTEE."
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS: None.
City Council Minutes December 19, 2019
City of Palm Springs Page 16
PUBLIC COMMENT:
George Wolf, opined that property demolition permit costs should be increased to create more
barriers toward demolition.
Brad Anderson, asserted that the Coachella Valley Mosquito and Vector Control District is not
adequately addressing mosquitos and vector-borne diseases; opined that the City Council should
oppose the District’s attempts to inspect private pools within Palm Springs.
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT:
Mayor Kors requested that the following items be agendized:
Require that all Boards and Commissions meetings begin no sooner than 5:30 p.m.
Modify eligibility requirements to allow non-citizens, persons working in Palm Springs,
and high school students to serve on City Boards and Commissions, and ensure that
eligibility regulations are consistent with the City non-discrimination requirements.
Discussion and direction regarding One-PS.
Mid-year budget update.
Update on the SunLine Buzz Trolley.
Amendment to the Agreement with PS Resorts to extend the term of the agreement.
Discussion of options for quiet firework displays.
Councilmember Middleton requested that staff seek each Councilmember’s preference for
assignments on subcommittees and external organizations and agendize discussion of
district-based town hall meetings.
ADJOURNMENT:
The City Council adjourned at 9:55 p.m.
Respectfully submitted,
Anthony J. Mejia, MMC
City Clerk
APPROVED BY CITY COUNCIL: 01/09/2020