HomeMy WebLinkAbout2021-05-06 CC MINUTESThursday, May 6, 2021
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
Pursuant to Executive Order N-29-20, by Governor Newsom, this meeting was conducted by
teleconference and there was no in-person public access to the meeting location.
CALL TO ORDER:
A Regular Meeting of the Palm Springs City Council was called to order by Mayor Holstege
on Thursday , May 6, 2021, at 5:30 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Holstege led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Grace Elena Garner, Geoff Kors, Dennis Woods; Mayor Pro Tem
Lisa Middleton; and Mayor Christy Holstege
Absent: None.
City Staff
Present: Justin Clifton, 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:
• COVID-19 CASE UPDATE
Emergency Management Coordinator DeSelms presented an update on COVID-19 cases
in Palm Springs and Riverside County.
• COVID-19 WASTEWATER TREATMENT UPDATE
Assistant City Manager Fuller presented an update on wastewater COVID-19 testing.
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City of Palm Springs Page 2
ACCEPTANCE OF THE AGENDA:
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER GARNER,
CARRIED 5-0, to:
1. Remove Consent Calendar Item Nos. 1J, 1K, 1M, and 1R for separate discussion.
2. Add approval of the Memorandum of Understanding with the Palm Springs Police
Management Association as Consent Calendar Item 1T due to the matter coming to the
attention of the City after the posting of the agenda and there is a need for immediate action.
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of May 6, 2021, was called to order by Mayor
Holstege at 3:30 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):
Russell Manning v. City of Palm Springs
Case No. PSC 1704634
CONFERENCE WITH LEGAL COUNSEL – MATTERS CREATING SIGNIFICANT
EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2):
Four (4) matters that, under the existing circumstances, the City Attorney believes creates
significant exposure to litigation.
CONFERENCE WITH LEGAL COUNSEL – DISCUSSION TO CONSIDER INITIATION OF
LITIGATION, Pursuant to Government Code Section 54956.9(d)(4):
Under existing facts and circumstances, there are four (4) 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 Description: 225 El Cielo Road, Palm Springs, CA
Agency: City of Palm Springs
City Negotiator: Justin Clifton, City Manager or Designee
Negotiating Parties: Well in the Desert
Under Negotiation: Price and Terms of Payment (Lease)
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CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957.6:
City Negotiator: Justin Clifton, City Manager or Designee
Kim Hardcastle, Acting Director of Human Resources
Bryan Reyes, Chief of Police
Peter Brown, Attorney
Employee Organizations: Management Association of Palm Springs
Palm Springs Firefighters Association
Palm Springs Fire Management
Palm Springs Police Management Association
Palm Springs Police Officers Association
Public Employees Association of Palm Springs
All Unrepresented Employees
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:
Oscar Loreto, Jr., speaking on Item 4A, voiced support for Action Park Alliance continuing to
operate the skate park.
Gary Miller, speaking on Item 1E, requested that the City Council approval the application as
presented.
Chris Duggan, California Restaurant Association, speaking on Item 3A, voiced opposition to the
proposed ordinance related to reusable food service ware and plastic waste reduction.
David Lee, speaking on Item 4A, expressed support for Action Park Alliance to continue operating
the skate park.
Hoiyin Ip, speaking on Item 3A, conveyed support for the proposed ordinance, noting that it will
have positive impacts on the environment.
Bruce Hoban, VRON, speaking on Item 4A, voiced concern about the lack of data supporting the
need for additional code enforcement officers.
Gabrielle Amster, Palm Springs Animal Shelter, speaking on Item 1R, expressed opposition to all
fireworks in Palm Springs, noting their negative impact on individuals with post-traumatic stress
disorder (PTSD), pets, and air quality.
Kathy Weremuik, speaking on Items 1R and 4A, spoke in support of Palm Springs being a
firework-free city; expressed concern about the lack of code enforcement on cannabis facilities
with odor complaints.
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City of Palm Springs Page 4
Patricia Breslin, speaking on Item 3A, voiced opposition to the proposed ordinance, noting that
bars and restaurants are overburdened addressing the impacts of the pandemic at this time.
Maribel Nunez, speaking on Item 1J, opined that the City should conduct additional community
input workshops and community surveys related to the Housing Element.
Ginny Foat, speaking on Item 1R, urged the City Council to move forward with a 4th of July laser
show, citing the negative impacts of fireworks on Veterans with PTSD and pets.
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS:
Mayor Pro Tem Middleton reported on her attendance at the League of California Cities Board
meeting; announced that Saturday, May 15, 2021, is Purple Heart Day, and expressed her gratitude
to veterans.
Councilmember Kors announced that the American Clean Power Association recognized Palm
Springs as a champion for renewable energy development.
City Manager Clifton provided an update on the reopening of city facilities and meeting to the
public; announced new direct airline services provided at the Palm Springs International Airport.
Mayor Holstege requested that staff agendize an update regarding the Eastern Riverside County
Interoperable Communications Authority (ERICA); requested that staff agendize consideration of
supporting a guaranteed income pilot program funded by philanthropy.
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER WOODS,
CARRIED 5-0, to approve the consent calendar, with the removal of Item Nos. 1J, 1K, 1M,
and 1R for separate discussion.
A. APPROVAL OF MINUTES
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to approve the City Council Meeting Minutes of March 22, 2021.
B. APPROVAL OF AMENDMENT NO. 1 TO THE AGREEMENT FOR TOURISM
AND MANAGEMENT SERVICES
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to:
1. Approve Amendment No. 1 to the Agreement for Tourism and Management Services
with AEG Management Palm Springs, LLC, a Delaware limited liability company.
A8309
2. Authorize the City Manager to execute all related documents.
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C. APPROVAL OF A REQUEST FOR EARLY CONSTRUCTION START TIMES
FOR CERTAIN CONCRETE RELATED ACTIVITIES ASSOCIATED WITH THE
DOWNTOWN PARK PROJECT FOR THE DATES OF MAY 17, MAY 19, AND
MAY 21, 2021, CITY PROJECT NO. 15-07
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to approve the requested early construction time of 4:00 AM for
May 17, 19, and 21, 2021, for the Downtown Park Project, City Project No. 15-07.
D. APPROVAL OF PAYMENT TO THE UNITED STATES DEPARTMENT OF THE
INTERIOR, BUREAU OF INDIAN OF AFFAIRS IN THE AMOUNT OF $303,000
FOR THE GRANT OF RIGHT OF WAY EASEMENTS FOR ROAD PURPOSES,
CHANNEL CONSTRUCTION PURPOSES, SLOPE PURPOSES AND
TEMPORARY CONSTRUCTION PURPOSES WITHIN APN 680-170-014 AND
APN 680-170-051, ASSOCIATED WITH THE RAMON ROAD AND BRIDGE
WIDENING PROJECT, CITY PROJECT NO. 08-25, FEDERAL AID PROJECT
NO. BHLS 5282(040); ALLOTTEE 98C
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to:
1. Approve the Payment of $303,000 for the Grant of Right of Way Easements for Road,
Channel Construction, Slope, and Temporary Construction purposes to the United
States Department of the Interior, Bureau of Indian Affairs on behalf of Allottee 98C.
2. Authorize the City Manager to execute all necessary documents associated with the
Grant of Right of Way acquisitions.
E. COMMUNITY DEVELOPMENT LLC (DBA: CO-DVLP DISPENSARY)
REQUESTING A MINOR ARCHITECTURAL APPLICATION FOR THE
RENOVATION OF AN EXISTING 2,637-SQUARE FOOT VACANT BUILDING
INCLUDING NEW LANDSCAPING, PARKING LOT UPGRADE AND
EXTERIOR SIGN FOR A NEW CANNABIS DISPENSARY AT 315 NORTH
INDIAN CANYON DRIVE (CASE 3.3289 MAA) (GM)
Mayor Holstege announced her recusal due to potential impacts to her source of income.
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 4-0 (WITH MAYOR HOLSTEGE RECUSED), to adopt Resolution
No. 24885 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, GRANTING APPROVAL OF A MINOR
ARCHITECTURAL APPLICATION TO RENOVATE AN EXISTING 2,637-SQUARE
FOOT STRUCTURE, ADD NEW LANDSCAPING AND PARKING LOT UPGRADES
AND REVIEW OF AN EXTERIOR SIGN FOR A NEW RETAIL CANNABIS
DISPENSARY LOCATED A 315 NORTH INDIAN CANYON DRIVE."
City Council Minutes May 6, 2021
City of Palm Springs Page 6
F. REQUEST BY JEREMY SCOTT, OWNER, FOR APPROVAL OF A MILLS ACT
HISTORIC PROPERTY PRESERVATION AGREEMENT FOR THE ELROD
RESIDENCE, A CLASS 1 HISTORIC SITE LOCATED AT 2175 SOUTHRIDGE
DRIVE (APN #510-250-026 AND 031), (HSPB #64)
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to:
1. Approve a Mills Act Historic Property Preservation Agreement between the City of
Palm Springs and Jeremy Scott. A8838
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement with the County of Riverside.
G. PROPOSED ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AMENDING RESOLUTION 24847,
AMENDING THE AUTHORIZED SIGNATORY FOR THE PROPOSITION 64
PUBLIC HEALTH AND SAFETY GRANT
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to adopt Resolution No. 24886 entitled, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING RESOLUTION NO. 24847, AMENDING THE AUTHORIZED
SIGNATORY FOR THE PROPOSITION 64 PUBLIC HEALTH AND SAFETY
GRANT.”
H. APPROVAL OF A CONTRACT SERVICE AGREEMENT WITH AVIATRIX
COMMUNICATIONS, LLC IN THE AMOUNT OF $39,000 FOR A MARKETING
& COMMUNICATIONS PLAN FOR PALM SPRINGS INTERNATIONAL
AIRPORT
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to:
1. Approve a contract service agreement with Aviatrix Communications, LLC of San
Diego, California, in the amount of $39,000. A8839
2. Authorize the City Manager to execute all necessary documents.
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City of Palm Springs Page 7
I. APPROVE AMENDMENT TO EXISTING AGREEMENT WITH THE COUNTY
OF RIVERSIDE, ON BEHALF OF ITS PROBATION DEPARTMENT AND POST-
RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM, FOR PUBLIC
SAFETY REALIGNMENT
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to:
1. Approve an amendment to the existing agreement with Riverside County, on behalf of
its Probation Department and Post-Release Accountability and Compliance Team,
through June 30, 2021. A8476
2. Authorize the City Manager to execute all necessary documents.
J. APPROVAL OF AMENDMENT NO. 2 TO THE CONSULTING SERVICES
AGREEMENT WITH PLACEWORKS, INC., RELATED TO THE CITY OF
PALM SPRINGS GENERAL PLAN UPDATE
This item was excluded from the Consent Calendar. Please refer to Page 10 of these
minutes for a summary of that action.
K. APPROVE PURCHASE AND SALE AGREEMENT WITH COACHELLA
VALLEY CONSERVATION COMMISSION FOR A 42.3 ACRE CITY-OWNED
PARCEL ZONED AS "URBAN RESERVE" AT EAST PALM CANYON DRIVE
NEAR GENE AUTRY TRAIL AND PALM HILLS DRIVE, REFERRED TO AS
THE "RIMROCK PROPERTY", APN 681-480-011, IN THE AMOUNT OF
$460,000
This item was excluded from the Consent Calendar. Please refer to Page 10 of these
minutes for a summary of that action.
L. AUTHORIZATION OF ADDITIONAL SOLID WASTE RATE ANALYSIS
SERVICES IN THE AMOUNT OF $100,000 WITH SLOAN VAZQUEZ MCAFEE
IN ACCORDANCE WITH AGREEMENT NO. A7165
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to:
1. Authorize an additional expenditure not to exceed $100,000 for additional solid waste
rate analysis services provided by Sloan Vazquez, Inc., pursuant to Agreement A7165.
2. Authorize the City Manager to execute contract amendments and Purchase Orders for
additional services.
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City of Palm Springs Page 8
M. PALM SPRINGS COVID-19 SMALL BUSINESS ASSISTANCE PROGRAM
UPDATE
This item was excluded from the Consent Calendar. Please refer to Page 10 of these
minutes for a summary of that action.
N. APPROVAL OF A MEMORANDUM OF UNDERSTANDING WITH THE PALM
SPRINGS POLICE OFFICERS' ASSOCIATION FOR THE TERM OF JULY 1,
2020, THROUGH JUNE 30, 2022
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to adopt Resolution No. 24887 entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES,
HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR
EMPLOYEES IN THE PALM SPRINGS POLICE OFFICERS' ASSOCIAT ION FOR
THE PERIOD OF JULY 1, 2020, THROUGH JUNE 30, 2022, SUBJECT TO THE
ASSOCIATION EXECUTING THE MEMORANDUM OF UNDERSTANDING."
O. LETTER OF SUPPORT FOR SENATE BILL 617, RESIDENTIAL SOLAR
ENERGY SYSTEMS: PERMITTING
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to authorize the issuance of a letter of support to the author(s) of
Senate Bill 617, Residential Solar Energy Systems: Permitting.
P. REQUEST BY SECONDARY SOURCE PRODUCTIONS, DBA REFORMA PALM
SPRINGS FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY
("PCN") FOR A TYPE 48 ALCOHOL LICENSE FOR ON PREMISES SALE AND
CONSUMPTION OF BEER, WINE AND DISTILLED SPIRITS IN
CONJUNCTION WITH A NIGHTCLUB/ COCKTAIL LOUNGE AND
RESTAURANT USE LOCATED AT 333 SOUTH PALM CANYON DRIVE, A
CLASS 1 HISTORIC SITE; ZONE CBD (CASE 5.1524 PCN)
Councilmember Garner announced her recusal due to potential impacts to her source of
income.
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 4-0 (WITH COUNCILMEMBER GARNER RECUSED), to adopt
Resolution No. 24888 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT PUBLIC
CONVENIENCE OR NECESSITY WOULD BE SERVED BY THE ISSUANCE OF
ALCOHOLIC BEVERAGE CONTROL LICENSE TYPE 48 FOR "REFORMA PALM
SPRINGS" LOCATED AT 333 SOUTH PALM CANYON DRIVE, WITHIN CENSUS
TRACT NUMBER 446.06."
City Council Minutes May 6, 2021
City of Palm Springs Page 9
Q. APPROVE A CONTRACT WITH NAIL-TO-NAIL, LLC, FOR CONSULTING
AND FINE ARTS SERVICES
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to approve agreement with Nail-to-Nail, LLC, in an amount not
to exceed $24,000 for consulting and fine arts services. A8841
R. APPROVAL TO SCHEDULE THE ALL AMERICAN JULY 4, 2021, FIREWORKS
EVENT
This item was excluded from the Consent Calendar. Please refer to Page 11 of these
minutes for a summary of that action.
S. APPROVAL OF TEMPORARY PUBLIC ART PLACEMENT "TOTEM POLE"
BY TYLER BURTON ON CITY PROPERTY IDENTIFIED AS THE
"CRESCENDO SITE"
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to:
1. Approve the temporary placement of public art "Totem Pole" by the artist Tyler Burton
on City property located on W. Racquet Club Road and south of Tram Way.
2. Authorize the City Manager to execute a License Agreement. A8843
3. Authorize an expenditure of $5,000 from Public Art Funds for installation of the public
art.
T. APPROVAL OF A MEMORANDUM OF UNDERSTANDING WITH THE PALM
SPRINGS POLICE MANAGEMENT ASSOCIATION FOR THE TERM OF JULY
1, 2020 THROUGH JUNE 30, 2022
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to adopt Resolution No. 24889 entitled, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES,
HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR
EMPLOYEES IN THE PALM SPRINGS POLICE MANAGEMENT ASSOCIATION
FOR THE PERIOD OF JULY 1, 2020, THROUGH JUNE 30, 2022, SUBJECT TO THE
ASSOCIATION EXECUTING THE MEMORANDUM OF UNDERSTANDING.”
A8844
City Council Minutes May 6, 2021
City of Palm Springs Page 10
EXCLUDED CONSENT CALENDAR:
J. APPROVAL OF AMENDMENT NO. 2 TO THE CONSULTING SERVICES
AGREEMENT WITH PLACEWORKS, INC., RELATED TO THE CITY OF
PALM SPRINGS GENERAL PLAN UPDATE
Assistant Planning Director Newell presented the staff report.
Following clarification, MOTION BY MAYOR HOLSTEGE, SECOND BY MAYOR
PRO TEM MIDDLETON, CARRIED 5-0, to:
1. Approve Amendment No. 2 to Agreement No. 8396 increasing the contract amount by
$94,750, for a total not to exceed $1,019,605.00, with PlaceWorks, Inc., for a limited
update to the City of Palm Springs General Plan. A8396
2. Authorize the City Manager to execute all necessary documents.
K. APPROVE PURCHASE AND SALE AGREEMENT WITH COACHELLA
VALLEY CONSERVATION COMMISSION FOR A 42.3 ACRE CITY-OWNED
PARCEL ZONED AS "URBAN RESERVE" AT EAST PALM CANYON DRIVE
NEAR GENE AUTRY TRAIL AND PALM HILLS DRIVE, REFERRED TO AS
THE "RIMROCK PROPERTY", APN 681-480-011, IN THE AMOUNT OF
$460,000
Councilmember Kors highlighted that this action would result in the preservation of the
property as open space.
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to:
1. Approve a Purchase and Sale Agreement in the amount of $460,000 with Coachella
Valley Conservation Commission. A8840
2. Authorize the City Manager or his designee to execute all documents related to the
Agreement.
3. Amend the Fiscal Year 2020-2021 General Fund Budget to increase revenue by
$460,000 (less 50% of applicable escrow fees) in Revenue Account 001-37801 (Sale
of Real Property).
M. PALM SPRINGS COVID-19 SMALL BUSINESS ASSISTANCE PROGRAM
UPDATE
Community & Economic Development Director Virata presented the staff report.
MOTION BY MAYOR HOLSTEGE, SECOND BY COUNCILMEMBER GARNER,
CARRIED 5-0, to approve businesses listed in staff report for participation in the COVID-
19 Small Business Assistance Program.
City Council Minutes May 6, 2021
City of Palm Springs Page 11
R. APPROVAL TO SCHEDULE THE ALL-AMERICAN JULY 4, 2021, FIREWORKS
EVENT
Councilmember Kors voiced concern regarding the impact of fireworks on veterans with
PTSD and pet animals.
In response to City Council inquiry, Parks and Recreation Director Alvarado advised that
she believe staff can safely facilitate the 4th of July Fireworks event with proper social
distance protocols; expressed concern that staff may not have time to coordinate an
alternative event.
Councilmember Woods and Mayor Pro Tem Middleton voiced support for deferring the
4th of July fireworks show and directing staff to evaluate alternatives celebratory activities
and whether to prohibit firework displays.
Councilmember Garner and Mayor Holstege voiced opposition to eliminating the
fireworks display, noting that it is a popular community event and the lack of time to
coordinate alternative events.
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR HOLSTEGE,
FAILED 2-3 (COUNCILMEMBERS KORS AND WOODS AND MAYOR PRO TEM
MIDDLETON VOTING NO), to:
1. Authorize an expenditure of $55,000 for the All-American July 4, 2021, Fireworks
Event.
2. Approve an agreement with Pyro Spectacular, Inc., to provide a firework display for
the 2021 Fourth of July Celebration at the Palm Springs Stadium in the amount not to
exceed $30,000.
3. Authorize the City Manager to execute all necessary documents.
Following discussion., MOTION BY COUNCILMEMBER KORS, SECOND BY
COUNCILMEMBER WOODS, CARRIED 3-2 (COUNCILMEMBER GARNER AND
MAYOR HOLSTEGE VOTING NO), to:
1. Direct staff to develop an alternative Fourth of July event and authorize an expenditure
of $55,000.
2. Authorize the City Manager to execute all necessary documents.
City Council Minutes May 6, 2021
City of Palm Springs Page 12
2. PUBLIC HEARINGS:
A. AN APPEAL BY SEAN LOCKYER OF STUDIO AR&D ARCHITECTS,
REQUESTING THE CITY COUNCIL TO REMOVE CONDITIONS OF
APPROVAL PLN 2 AND PLN 3 FOR THE APPROVAL OF A MAJOR
ARCHITECTURAL (MAJ) APPLICATION TO CONSTRUCT A NEW 4,276-
SQUARE-FOOT SINGLE-FAMILY RESIDENCE ON A 20,705-SQUARE-FOOT
HILLSIDE PARCEL LOCATED AT 2610 WINTER SUN DRIVE, ZONE ESA-SP
PLANNING AREA 4 (DESERT PALISADES SPECIFIC PLAN), SECTION 4
(CASE 3.4206 MAJ)
Development Services Director Fagg narrated a PowerPoint presentation and responded to
City Council inquiries.
Mayor Holstege opened the Public Hearing.
Jay Edwards, Applicant, and Sean Lockyer, Architect, suggested that the City Council
should consider hillside developments on a case-by-case basis, noting that the Architectural
Advisory Committee approved their project design. In response to City Council inquiry,
Mr. Lockyer noted that their proposal would encroach approximately four feet into the side
yard setback, noting that the structure would not be visible from the nearby trail; stated that
the cabana is at least 50% open.
There being no others desiring to speak, Mayor Holstege closed the Public Hearing.
In response to City Council inquiry, City Attorney Ballinger opined that the applicant
should submit a variance application for the side yard setback.
The City Council agreed to: 1) eliminate Condition PLN 2, side yard setback, subject to
approval of a variance request and to reduce the application fee by the cost of this appeal
fee, and 2) eliminate Condition PLN 3 related to the cabana/shade structure.
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24890 entitled " A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CALIFORNIA
APPROVING THE APPEAL BY SEAN LOCKYER OF STUDIO AR&D
ARCHITECTS, REPRESENTING PINNACLE VIEW, LLC, TO REMOVE
CONDITIONS OF APPROVAL PLN 2 AND PLN 3, RELATING TO APPROVAL OF
CASE 3.4206 MAJ, A MAJOR ARCHITECTURAL REVIEW FOR THE
CONSTRUCTION OF A 4,276-SQUARE-FOOT SINGLE-FAMILY RESIDENCE ON
A 20,705-SQUARE-FOOT HILLSIDE PARCEL LOCATED AT 2610 WINTER SUN
DRIVE, ZONE ESA-SP PLANNING AREA 4 (DESERT PALISADES SPECIFIC
PLAN), SECTION 4 (CASE 3.4206 MAJ).”
MEETING RECESS
The City Council recessed at 7:43 p.m. and returned at 7:55 p.m. with all members present.
City Council Minutes May 6, 2021
City of Palm Springs Page 13
3. LEGISLATIVE:
A. PROPOSED ORDINANCE AMENDING THE PALM SPRINGS MUNICIPAL
CODE REGARDING REUSABLE FOOD SERVICE WARE AND PLASTICS
WASTE REDUCTION
Sustainability Manager Tallarico narrated a PowerPoint presentation and responded to City
Council inquiries.
Mayor Holstege pointed out that this ordinance was initiated by students at the Desert
Learning Academy asking that the City prohibit the use of single-use plastics and
polystyrene products.
The City Council discussed and provided direction to staff to clarify or modify specific
provisions of the ordinance such as whether to require all non-reusable food ware be
recyclable or compostable, ensuring restaurants have flexibility whether to charge a fee
and when the fee can be waived, to allow for a restaurant to apply for a hardship waiver,
and when a restaurant can offer or confirm whether a customer needs disposable food ware.
In response to City Council inquiry, Mr. Tallarico advised that he and the City Attorney
will determine if the City can regulate the use of the fee for disposable food ware, such as
for purchasing reusable products.
Councilmember Kors and Mayor Holstege volunteered to work with staff to finalize the
ordinance. City Attorney Ballinger advised that the ordinance will likely need to be re-
introduced at a future meeting.
MOTION BY MAYOR HOLSTEGE, SECOND BY COUNCILMEMBER KORS,
CARRIED 5-0, to introduce Ordinance No. 2045 entitled, "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.87
TO TITLE 5 OF THE PALM SPRINGS MUNICIPAL CODE REGARDING REUSABLE
FOOD SERVICE WARE AND PLASTIC WASTE REDUCTION." City Clerk Mejia read
the ordinance by title.
B. INTRODUCE AN ORDINANCE AMENDING CHAPTER 5.55 OF THE PALM
SPRINGS MUNICIPAL CODE REGARDING SECURITY DOORS AT ADULT-
USE CANNABIS BUSINESSES AND ALLOWING VISIBLE CANNABIS GOODS
AND GRAPHICS IN CANNABIS DISPENSARIES
Special Program Compliance Director Goedhart presented the staff report and responded
to City Council inquiry.
Councilmember Woods requested that staff clarify the ordinance to indicate that cannabis
dispensaries do not have to black out their windows.
City Council Minutes May 6, 2021
City of Palm Springs Page 14
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Introduce Ordinance No. 2046 entitled, "AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.55 OF THE PALM SPRINGS
MUNICIPAL CODE REGARDING SECURITY DOORS AT ADULT-USE
CANNABIS BUSINESSES AND ALLOWING SOME VISIBLE CANNABIS
GOODS AND GRAPHICS IN CANNABIS DISPENSARIES." City Clerk Mejia read
the ordinance by title.
2. Authorize the City Manager to execute all documents consistent with this Ordinance.
4. UNFINISHED BUSINESS:
A. PRELIMINARY OVERVIEW OF THE FISCAL YEAR 2021/2022 GENERAL
FUND BUDGET
Assistant City Manager Fuller narrated a PowerPoint presentation and responded to City
Council inquiries.
In response to City Council inquiry, City Manager Clifton recommended that staff review
the City’s economic development programs in a holistic approach, including its
contributions to the Coachella Valley Economic Partnership (CVEP), for the City
Council’s consideration at a future meeting.
Councilmember Kors requested that staff determine, and report back, which Coachella
Valley cities contribute to CVEP.
Councilmember Woods agreed with the need for a holistic analysis of economic
development programs and returning back to the City Council within six months.
Mayor Pro Tem Middleton and Mayor Holstege recommended that the City Council
allocate funding for special events and sponsorships but defer allocating such funds
towards any particular event at this time; recommended that recipients be required to
provide appropriate documentation to demonstrate their organization is in good standings
and provide follow-up reports on the use of funds.
The City Council agreed to allocate $200,000 for the Communications Department’s
contractual services, noting that the City Manager will develop a comprehensive
communications plans for the City Council’s consideration.
Mayor Holstege and Councilmember Garner expressed concern regarding the hiring of
additional code enforcement officers; requested that staff conduct a thorough needs
analysis and assessment on the effectiveness of enforcement and report back to the City
Council.
City Council Minutes May 6, 2021
City of Palm Springs Page 15
Mayor Pro Tem Middleton voiced support for the hiring of additional code enforcement
officers, opining that they are vital to a successful cannabis and vacation rental program ;
suggested that staff develop a roadmap to achieve 100% of city streets having a Pavement
Condition Index (PCI) score of 70 or above.
The City Council took no formal action on the matter.
5. NEW BUSINESS:
A. DISCUSSION AND DIRECTION ON ASSEMBLY BILL 571 - LOCAL
CAMPAIGN CONTRIBUTION LIMIT AND OTHER POTENTIAL CAMPAIGN
FINANCE REGULATIONS
City Attorney Ballinger presented the staff report.
The City Council determined to accept the state’s campaign contribution limit and took no
formal action on this matter.
PUBLIC COMMENT:
The following individuals spoke in opposition to the placement of the Forever Marilyn statue on
Museum Way:
• Mark Davis
• Julie Weiman
• Lisa Schoenberg
• James Spindler
• Dorit Cypis
• Trina Turk
• Debra Hovel
• Julie Rogers
• Elizabeth Armstrong
• Helene Verin
• Janice Lyle
• Sidney Williams
• Chris Menrad
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT:
Mayor Pro Tem Middleton requested that staff develop plans for the reopening of City facilities.
City Council Minutes May 6, 2021
City of Palm Springs Page 16
ADJOURNMENT:
The City Council adjourned at 10:50 p.m.
Respectfully submitted,
Anthony J. Mejia, MMC
City Clerk
APPROVED BY CITY COUNCIL: 09/09/2021