HomeMy WebLinkAbout2021-07-22 CC MINUTESThursday, July 22, 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 , July 22, 2021, at 5:40 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; 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:
• PRESENTATION REGARDING THE PALM SPRINGS SISTER CITY PROGRAM
• RECOGNITION OF OUTGOING POLICE CHIEF BRYAN REYES
ACCEPTANCE OF THE AGENDA:
MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to remove Consent Calendar Item Nos. 1E, 1K, and 1U for separate
discussion.
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of July 22, 2021, was called to order by Mayor
Holstege at 3:30 p.m., with all members present.
City Council Minutes July 22, 2021
City of Palm Springs Page 2
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 Superior Court of the State of California, County of Riverside
Engebretson v. City of Palm Springs
Case No. PSC 2001548 Superior Court of the State of California, County of Riverside
CONFERENCE WITH LEGAL COUNSEL – MATTERS CREATING SIGNIFICANT
EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2):
Three (3) matters that, under the existing circumstances, the City Attorney believes create
significant exposure to litigation.
One matter arising from a letter dated June 7, 2021, from Sarah Kleinberg, Esq., on behalf
of EHOF Canyon View, LLC, and a letter dated June 28, 2021, from Beverly Grossman
Palmer, Esq., on behalf of Oswit Land Trust, regarding Final Development Plan for
Planned Development District 381 (Case 5.1384-PD 381/3.3902 MAJ/ VTTM 36969)
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 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 Description: 225 El Cielo Road, Palm Springs, CA (aka “Boxing Club”
property)
Agency: City of Palm Springs
City Negotiator: Justin Clifton, City Manager
Negotiating Parties: Well in the Desert, CVAG, & Martha’s Kitchen
Under Negotiation: Price and Terms of Payment
Property Description: Portion of Airport Property, APN 502-100-030, Palm Springs
Portion of Airport Property, 2901 E. Alejo Rd., Palm Springs
Agency: City of Palm Springs
City Negotiator: Justin Clifton, City Manager
Negotiating Parties: Coachella Valley Economic Partnership, Garland
Commercial Group, on behalf of Palm Springs Aviation
Academy
Under Negotiation: Price and Terms
City Council Minutes July 22, 2021
City of Palm Springs Page 3
CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957.6:
City Negotiators: Justin Clifton, City Manager
Jeremy Hammond, Human Resources Director
Brian Reyes, Police Chief
Employee organization: Palm Springs Police Officers Association
PUBLIC EMPLOYEE PERFORMANCE EVALUATION, Pursuant to Government Code Section
54957:
Employee: City Attorney
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:
Niels Kosman, speaking on Item No. 4A, voiced opposition to parklets.
Erik Scott Romney, speaking on Item No. 5A, spoke on the importance of restoring the Plaza
Theater.
Mindy Reed, speaking on Item No. 4A, voiced support for allowing parklets.
Maribel Nunez, speaking on Item No. 5C, spoke on potential housing sites and housing programs.
Marta Lopez, speaking on Item No. 5C, spoke on potential housing sites and housing programs.
The following individuals spoke on Item 5C, citing the importance of preserving open space for
conservation:
• Jane Garrison
• Kate Castle
• Bettina Rosmarino
• Joan Taylor
• David Lahti
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS:
City Manager Clifton highlighted that the consent calendar includes approval of road repairs and
park restroom facilities.
City Council Minutes July 22, 2021
City of Palm Springs Page 4
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to approve the consent calendar, with the removal of Item Nos. 1E,
1K, and 1U for separate discussion.
A. APPOINTMENTS TO THE BOARD OF LIBRARY TRUSTEES AND PARKS AND
RECREATION COMMISSION
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Appoint Al Jones and David Norgard to the Board of Library Trustees for terms ending
June 30, 2024.
2. Appoint Michael Finland to the Parks and Recreation Commission for a term ending
June 30, 2024.
B. SECOND READING AND ADOPTION OF AN ORDINANCE REGARDING
PROCUREMENT AND CONTRACTING BY THE CITY OF PALM SPRINGS
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to adopt Ordinance No. 2049 entitled, "AN ORDINANCE OF
THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING TITLE 7
“PROCUREMENT AND CONTRACTING” OF THE PALM SPRINGS MUNICIPAL
CODE REGARDING PROCUREMENT AND CONTRACTING BY THE CITY OF
PALM SPRINGS."
C. APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT NO. A8620, WITH KIMLEY-HORN AND ASSOCIATES, INC., A
NORTH CAROLINA CORPORATION, FOR ADDITIONAL ENGINEERING
DESIGN SERVICES FOR THE HIGHWAY SAFETY IMPROVEMENT
PROGRAM (HSIP) CYCLE 9 TRAFFIC SIGNAL MODIFICATIONS, FEDERAL-
AID PROJECT NO. HSIPLN-5282(049), CITY PROJECT NO. 18-05
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Approve Amendment No. 1, in the amount of $18,091, to the Professional Services
Agreement No. A8620, for a new not to exceed amount of $266,421 with Kimley Horn
and Associates, Inc. A8620
2. Authorize the City Manager to execute all necessary documents.
City Council Minutes July 22, 2021
City of Palm Springs Page 5
D. APPROVAL OF A MINOR ARCHITECTURAL APPLICATION TO MODIFY
THE EXTERIOR OF THE BUILDING FOR A PROPOSED CANNABIS
DISPENSARY FACILITY LOCATED AT 562 SOUTH INDIAN CANYON DRIVE
(APN: 508-121-004), ZONE C-1, SECTION 23, (CASE NOS. 3.3416 MAA). (AP)
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to adopt Resolution No. 24923 entitled “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A MINOR ARCHITECTURAL REVIEW APPLICATION (CASE NO.
3.4316 MAA) TO FOR EXTERIOR IMPROVEMENTS TO A CANNABIS
DISPENSARY, CALIBLISS LLC., LOCATED AT 562 SOUTH INDIAN CANYON
DRIVE.”
E. APPROVE AGREEMENT FOR LOAN OF PUBLIC ART WITH SERGE
ATTUKWEI CLOTTEY/SIMCOR (SIMCHOWITZ GALLERY) FOR THE
WISHING WELL SCULPTURE AT JAMES O. JESSIE DESERT HIGHLAND
UNITY CENTER
This item was excluded from the Consent Calendar. Please refer to Page 10 of these
minutes for a summary of that action.
F. APPROVE A NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT
WITH WEST AVIATION SERVICES – SAN DIEGO, INC. DBA SIERRA
AVIATION GROUP FOR TERMINAL USE SPACE AT PALM SPRINGS
INTERNATIONAL AIRPORT
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Approve a Non-Exclusive Operating and Lease Agreement for Terminal Use Space
with West Aviation Services – San Diego, Inc. dba Sierra Aviation Group for the lease
of 345 square feet of office space at $44.60 per square foot per year, effective June 1,
2021, through May 31, 2022, with two one-year options. A8908
2. Authorize the City Manager and/or his designee to execute all necessary documents.
G. REDISTRICTING 2021: SCHEDULE OF PUBLIC HEARINGS AND
COMMUNITY WORKSHOPS
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to confirm the schedule of public hearings and community
workshops.
City Council Minutes July 22, 2021
City of Palm Springs Page 6
H. APPROVAL OF PAYROLL WARRANTS, CLAIMS, AND DEMANDS
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to adopt Resolution No. 24924 entitled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE
PERIOD ENDING 06-12-21 TOTALING $1,670,318.88 AND ACCOUNTS PAYABLE
WARRANTS DATED 06-10-21 TOTALING $5,512,154.69, IN THE AGGREGATE
AMOUNT OF $7,182,473.57, DRAWN ON BANK OF AMERICA."
I. AWARD A CONTRACT TO DAKTRONICS INC., A SOUTH DAKOTA
CORPORATION, IN THE AMOUNT OF $259,559.85 FOR AIRPORT LED VIDEO
RIBBON MONITOR, CP 21-19
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. In accordance with Section 7.09.010 “Cooperative Purchasing Programs”, of the Palm
Springs Municipal Code, award a contract in the amount of $259,559.85 to Daktronics
Inc., a South Dakota Corporation, pursuant to Cooperative Purchasing Contract
#050819-DAK. A8909
2. Delegate authority to the City Manager to approve Contract Change Orders in the total
cumulative amount of 10% of the contract amount ($25,955.99).
3. Authorize the City Manager or his designee to execute all necessary documents.
J. AWARD OF A CONSTRUCTION CONTRACT TO MATICH CORPORATION IN
THE AMOUNT OF $5,758,200 FOR THE 2021 PAVEMENT REHABILITATION,
CITY PROJECT NO. 21-01
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Award a construction contract to Matich Corporation, a California corporation, in the
amount of $5,758,200 for the 2021 Pavement Rehabilitation, City Project 21-01.
A8910
2. Delegate authority to the City Manager to approve a purchase order for ‘on-call’
construction management and inspection services in an amount not to exceed $200,000
for the 2021 Pavement Rehabilitation, City Project 21-01.
3. Authorize the City Manager to execute all necessary documents.
City Council Minutes July 22, 2021
City of Palm Springs Page 7
K. AWARD OF A CONSTRUCTION CONTRACT TO UPRITE CONSTRUCTION, A
CALIFORNIA CORPORATION, IN THE AMOUNT OF $163,425 FOR THE
DEMOLITION OF THE TOVA HOTEL, CITY PROJECT NO. 21-09
This item was excluded from the Consent Calendar. Please refer to Page 10 of these
minutes for a summary of that action.
L. APPROVAL OF A COOPERATIVE AGREEMENT WITH RIVERSIDE COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT (RCFC) FOR
THE CONSTRUCTION OF PALM SPRINGS MASTER DRAINAGE PLAN (MDP)
LINE 20, STAGE 3, CITY PROJECT NO. 19-15
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Approve a Cooperative Funding Agreement between the Riverside County Flood
Control and Water Conservation District and the City of Palm Springs associated with
the construction, operation, and maintenance of flood control improvements identified
as Palm Springs Master Drainage Plan (MDP) Line 20, Stage 3, City Project
No. 19-15. A8912
2. Authorize the City Manager to execute all necessary documents.
M. REQUEST BY CHRISTOPHER WHITE OF PS BOTTLE SHOP, LLC, FOR A
RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) TO SELL
BEER AND WINE FOR OFF-SITE CONSUMPTION (TYPE 20 – OFF-SALE
BEER & WINE) AT A RETAIL STORE LOCATED AT 383 NORTH INDIAN
CANYON DRIVE, ZONE CBD, SECTION 15 (CASE 5.1533 PCN)
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to adopt Resolution No. 24925 entitled, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DETERMINING THAT PUBLIC CONVENIENCE WOULD BE SERVED BY THE
ISSUANCE OF A TYPE 20 (OFF-SALE BEER & WINE) ALCOHOLIC BEVERAGE
CONTROL LICENSE FOR PS BOTTLE SHOP AT 383 NORTH INDIAN CANYON
DRIVE WITHIN CENSUS TRACT #446.06.”
City Council Minutes July 22, 2021
City of Palm Springs Page 8
N. APPROVE AN AGREEMENT WITH THE RIVERSIDE COUNTY
TRANSPORTATION COMMISSION (RCTC) FOR FUNDING UNDER SENATE
BILL (SB) 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM,
RACQUET CLUB/VIA MIRALESTE HAWK SIGNAL, CITY PROJECT 21-12
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Approve (RCTC Agreement No. 21-62-111-00), a Riverside County Transportation
Commission Agreement for Funding under SB 821 Bicycle and Pedestrian Facilities
Program for an amount not to exceed $168,500 for the Racquet Club/Via Miraleste
HAWK Signal, City Project No. 21-12. A8913
2. Authorize the City Manager to execute all necessary documents.
O. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO
RELEASE SUBDIVISION IMPROVEMENT SECURITIES FOR THE “ESCENA
DEVELOPMENT – PALM SPRINGS CLASSIC, LLC, A DELAWARE LIMITED
LIABILITY COMPANY”, TRACT MAP 32233-3
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to adopt Resolution No. 24926 entitled, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING ACCEPTANCE OF THE SUBDIVISION IMPROVEMENTS
ASSOCIATED WITH TRACT MAP 32233-3 AND AUTHORIZING RELEASE OF
SECURITIES REQUIRED BY THE SUBDIVISION IMPROVEMENT AGREEMENT
WITH PALM SPRINGS CLASSIC, LLC, A DELAWARE LIMITED LIABILITY
COMPANY, (A5088), FOR PROPERTY LOCATED EAST OF GENE AUTRY TRAIL
AND SOUTH OF VISTA CHINO IN SECTION 7, TOWNSHIP 4 SOUTH, RANGE 5
EAST”.
P. AWARD OF A CONSTRUCTION CONTRACT TO R.E. CHAFFEE
CONSTRUCTION, INC., A CALIFORNIA CORPORATION, IN THE AMOUNT
OF $838,000 FOR THE DEMUTH AND DESERT HIGHLAND PARK
RESTROOMS, CITY PROJECT NO. 20-30
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Uphold the City Engineer’s decision to reject the bid protest submitted by Cora
Constructors Inc. and waive any informality in the apparent low bid submitted by R.E.
Chaffee Construction, Inc., a California corporation. A8914
2. Award a construction contract to R.E. Chaffee Construction, Inc., a California
corporation, in the amount of $838,000 for the Demuth and Desert Highland Park
Restrooms, City Project 20-30.
3. Authorize the City Manager to execute all necessary documents.
City Council Minutes July 22, 2021
City of Palm Springs Page 9
Q. ACCEPTANCE OF TWO FEDERAL AVIATION ADMINISTRATION
AMERICAN RESCUE PLAN ACT GRANTS IN THE TOTAL AMOUNT OF
$11,913,192
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Authorize the City Manager to approve acceptance of a Federal ARPA grant for
Primary Airport - Operational Relief in the amount of $10,791,632 for the Palm Springs
International Airport.
2. Authorize the City Manager to approve acceptance of a Federal ARPA grant for
Concessions Relief in the amount of $1,121,560 for the Palm Springs International
Airport.
3. Authorize the City Manager and/or his designee to execute all necessary documents.
R. INITIATION OF ANNEXATION NO. 3 TO COMMUNITY FACILITIES
DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES)
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Adopt Resolution No. 24922 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. 2007-1, (PUBLIC
SAFETY SERVICES), ANNEXATION NO. 3, VUE, TRACT MAP NO. 38004.”
2. Set the public hearing for 5:30 p.m. on September 9, 2021, for public comment and for
the filing of written protest by any property owner regarding the annexation of territory
to CFD 2007-1, the levy of a special tax for public safety services, and a special
landowner election.
S. APPROVAL OF AMENDMENT NO. 3 TO CONTRACT SERVICES
AGREEMENT WITH 15000, INC
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. In accordance with Palm Springs Municipal Code Section 7.04.030 "Special Expertise
Procurement", approve Amendment No. 3 to the Contract Services Agreement with
15000, Inc. for cannabis odor control and compliance services in an amount not to
exceed twenty-five thousand ($25,000) for a total contract price not to exceed one
hundred fifty thousand dollars ($150,000). A7089
2. Authorize the City Manager to execute all necessary documents.
City Council Minutes July 22, 2021
City of Palm Springs Page 10
T. APPROVAL OF AMENDMENT NO. 1 TO THE ALLOCATED POSITIONS AND
COMPENSATION PLAN FOR FISCAL YEAR 2021-22
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Adopt Resolution No. 24927 entitled, “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT
NO. 1 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR
FISCAL YEAR 2021-2022, ADOPTED BY RESOLUTION NO. 24912.”
2. Authorize the City Manager to execute all necessary documents.
U. APPROVAL OF PUBLIC ARTS COMMISSION PROPOSED PROJECTS AND
EXPENDITURES
This item was excluded from the Consent Calendar. Please refer to Page X of these minutes
for a summary of that action.
EXCLUDED CONSENT CALENDAR:
E. APPROVE AGREEMENT FOR LOAN OF PUBLIC ART WITH SERGE
ATTUKWEI CLOTTEY/SIMCOR (SIMCHOWITZ GALLERY) FOR THE
WISHING WELL SCULPTURE AT JAMES O. JESSIE DESERT HIGHLAND
UNITY CENTER
In response to City Council inquiry, Director Virata advised that the artwork is intended to
be a temporary installation.
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR HOLSTEGE,
CARRIED 5-0, to approve an Agreement for Loan of Public Art with Serge Attukwei
Clottey/SIMCOR, LLC, for the Wishing Well sculpture by Serge Attukwei
Clottey/SIMCOR, LLC, in an amount not to exceed $10,000. A8907
K. AWARD OF A CONSTRUCTION CONTRACT TO UPRITE CONSTRUCTION, A
CALIFORNIA CORPORATION, IN THE AMOUNT OF $163,425 FOR THE
DEMOLITION OF THE TOVA HOTEL, CITY PROJECT NO. 21-09
City Attorney Ballinger advised that the second-lowest bidder filed a protest and requested that
the City Council authorize the City Manager to award the contract due to time sensitivity.
MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to:
1. Authorize the City Manager to award a construction contract to the lowest bidder for
the demolition of the Tova Hotel, City Project 21-09. A8911
2. Authorize the City Manager to execute all necessary documents.
City Council Minutes July 22, 2021
City of Palm Springs Page 11
U. APPROVAL OF PUBLIC ARTS COMMISSION PROPOSED PROJECTS AND
EXPENDITURES
Following discussion, the City Council agreed to defer an expenditure of $5,800 for
temporary window art for a future City Council meeting.
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to approve Public Arts Commission projects/expenditures at an
estimated cost of $20,270 from the Public Arts Fund but excluding the temporary window
art.
2. PUBLIC HEARINGS:
A. A REQUEST FOR COUNCIL MEMBER REVIEW OF ACTION TAKEN BY THE
PLANNING COMMISSION TO APPROVE A CONDITIONAL USE PERMIT
APPLICATION BY KINGS GARDEN, INC., FOR THE EXPANSION OF AN
EXISTING TYPE 3A AND TYPE 4 CANNABIS CULTIVATION FACILITY
FROM A 37,787-SQUARE FOOT FACILITY TO A 212,027-SQUARE FOOT
FACILITY WITH AN ASSOCIATED 5,650 SQUARE FOOT WAREHOUSE
LOCATED AT 63-795 19TH AVENUE WITHIN THE CANNABIS OVERLAY
ZONE; ZONE DISTRICT M-2, SECTION 15 (CASE 5.1518-CUP)
Development Services Director Fagg narrated a PowerPoint presentation and responded to
City Council inquiries.
Mayor Holstege opened the public hearing.
Steven Kuehl, Legal Counsel for the Applicant, opined that the City Council cannot
mandate the use of solar power for the proposed project and discussed the creation of new
jobs and increased sales tax revenue for the City.
Gary LaSalle, V.P. of Operations, Kings Garden, reported they are working with City staff
to address the odor control issues at their existing facility on Anza Road; opined the
projects should not be tied together and noted the use of solar power is not feasible at this
time.
Kathy Weremiuk, Chair, Planning Commission, advised that the Planning Commission
was instructed that they could not address the odor control complaints at their Anza facility
as a condition for the new project.
Michael King, CEO, Kings Garden, spoke about updating HVAC systems at the Anza
facility.
There being no others desiring to speak, Mayor Holstege closed the Public Hearing.
In response to City Council inquiries, Mr. LaSalle spoke on efforts to reduce energy
consumption, noting that they evaluated the feasibility of installing solar panels and
City Council Minutes July 22, 2021
City of Palm Springs Page 12
determined that it was not financially viable; advised that they had not yet evaluated
enrolling in Desert Community Energy 100% carbon-free energy option.
City Council discussion ensued relative to 1) the need for King’s Garden to address the
odor complaints at their Anza Road facility before moving forward with the proposed
project; and 2) the need for additional analysis relative to greenhouse gas emissions and
energy use.
The City Council encouraged the applicant to fully evaluate the 100% carbon-free energy
plans offered by Southern California Edison and Desert Community Energy.
The City Council directed staff to 1) conduct further environmental review relative to
energy, greenhouse gas, and odor control; and 2) work with the applicant regarding odor
control measures at their facility located at 3535 N. Anza Road.
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 5-0, to take no action at this time.
B. A REQUEST FOR COUNCIL MEMBER REVIEW OF ACTION TAKEN BY THE
PLANNING COMMISSION TO APPROVE FINAL DEVELOPMENT PLANS BY
EHOF CANYON VIEW, LLC, FOR PLANNED DEVELOPMENT DISTRICT 381
(PDD 381); AN 80-UNIT SINGLE-FAMILY RESIDENTIAL SUBDIVISION
LOCATED AT THE SOUTHWEST CORNER OF EAST PALM CANYON DRIVE
AND MATTHEW DRIVE, ZONE PDD-381 (CASE 5.1384 – PD 381/3.3902
MAJ/VTTM 36969)
Councilmembers Kors and Woods, Mayor Pro Tem Middleton, and Mayor Holstege
announced they met individually with the applicant and members of the Oswit Land Trust.
Councilmember Garner announced that she spoke with the applicant.
Director of Development Services Fagg and Nicole Criste, of Terra Nova Planning,
narrated a PowerPoint presentation and responded to City Council inquiries.
Mayor Holstege opened the public hearing.
David Hardy, Applicant, narrated a PowerPoint presentation with details of the project.
Sarah Kleinberg, Applicant’s Attorney, spoke in support of off-site mitigation for the
Casey’s June Beetle.
Stephen Crevoiserat, Stantech Consulting, addressed a letter from Mr. Richard Haimann
who suggested alternatives to the design and responded to the recommendations.
Brian Nestande, expressed support for the proposed project.
The following individuals urged the City Council to preserve the on-site habitat for the
Casey’s June Beetle and other wildlife:
• Scott Crawford
City Council Minutes July 22, 2021
City of Palm Springs Page 13
• Jane Garrison
• Bettina Rosmarino
• Aaron Leider
• Patty Schenker
• Nancy French
• David Lahti
• Jonathan Nye
• Tanya Petrovna
• Robert McCann
• Sheree Seabury
• James Schott
• Laura Mendoza
• Sophia Summers
• Richard Haimann
David Hardy, spoke on mitigation measures to preserve the Casey’s June Beetle and other
wildlife habitats, noting that a biologist will be on-site during ground surveying activities.
In response to City Council inquiry, Mr. Hardy advised that sewer and stormwater systems
necessitate the need to impact the perimeter habitat; noted that the developer will purchase
15-acres of off-site Casey’s June Beetle habitat as to mitigate impacts.
There being no others desiring to speak, Mayor Holstege closed the public hearing.
In response to City Council inquiry, City Engineer Montalvo agreed with Mr. Hardy that
the sewer and stormwater systems necessitate the proposed grading work. City Attorney
Ballinger advised that there is not a strong basis for additional environmental review.
Mayor Holstege and Councilmember Kors expressed concern regarding the destruction of
critical species habitat.
MOTION BY MAYOR PRO TEM MIDDLETON, SECOND BY COUNCILMEMBER
WOODS, CARRIED 3-2 (COUNCILMEMBER KORS AND MAYOR HOLSTEGE
VOTING NO), to adopt Resolution No. 24928 entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDING THAT
PROPOSED FINAL DEVELOPMENT PLANS FOR 80 SINGLE-FAMILY
RESIDENTIAL UNITS BY EHOF CANYON VIEW, LLC, ARE IN SUBSTANTIAL
CONFORMANCE, WITH THE PREVIOUSLY APPROVED PRELIMINARY
PLANNED DEVELOPMENT DISTRICT PLANS FOR THE CANYON VIEW COURTS
DEVELOPMENT LOCATED AT THE SOUTHWEST CORNER OF EAST PALM
CANYON DRIVE AND MATTHEW DRIVE, ZONE PDD-381."
C. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS STREET LIGHTING AND
PARKWAY MAINTENANCE DISTRICTS CITYWIDE FOR FISCAL YEAR 2021-
2022
City Manager Clifton announced his recusal on this item due to his residence being located
within the subject district.
City Council Minutes July 22, 2021
City of Palm Springs Page 14
City Engineer Montalvo presented the staff report.
Mayor Holstege opened and closed the Public Hearing, there being no one desiring to
speak.
Councilmember Garner requested staff to provide a summary of the work completed over
the past few years.
MOTION BY COUNCILMEMBER WOODS, SECOND BY MAYOR PRO TEM
MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24929 entitled, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING THE ENGINEER’S REPORT AND ORDERING THE
CONTINUED OPERATION AND MAINTENANCE OF IMPROVEMENTS FOR
STREET LIGHTING MAINTENANCE DISTRICT NO. 3, AND PARKWAY
MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 (ZONES 1 AND 2), AND
LANDSCAPE MAINTENANCE DISTRICT NO. 12, AND ORDERING THE LEVY
AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR
FISCAL YEAR 2021/2022.”
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS:
A. DISCUSSION OF THE PARKLET PROGRAM
Director of Development Services Fagg narrated a PowerPoint presentation and responded
to City Council inquiries.
During the course of discussion, individual Councilmember(s) provided the following
commentary. The below points do not necessarily reflect City Council consensus:
• Parklets should not be allowed to block or encroach on another business.
• Arenas Road should be reopened.
• There is concern regarding the Delta variant and impacts during the fall and winter.
• Businesses should be required to pay fair value for use of public space for parklets.
• Storage within the parklets should be prohibited.
The City Council requested that this matter be agendized for discussion in September and
requested additional information on fair market rental rates.
The City Council took no formal action on this matter.
City Council Minutes July 22, 2021
City of Palm Springs Page 15
5. NEW BUSINESS:
A. DISCUSSION OF MINOR UPDATES AND NEEDED REPAIR TO THE CITY’S
PLAZA THEATRE AND APPROPRIATE FUNDING IN AN AMOUNT NOT TO
EXCEED $50,000
City Manager Clifton presented the staff report and responded to City Council inquiries.
Harold Matzner, representing the Palm Springs International Film Festival (PSIFF),
expressed support for the remodel of the Plaza Theater and opening it as soon as possible;
stated that the PSIFF could manage theater operations and programming in partnership
with the City.
J.R. Roberts, spoke on the impacts of the pandemic on fundraising opportunities; spoke in
support of a full restoration of the Plaza Theater, opining that the Oasis Festival could
renew philanthropic interest.
MOTION BY MAYOR HOLSTEGE, SECOND BY COUNCILMEMBER WOODS,
CARRIED 5-0, to:
1. Appropriate funding not to exceed $50,000 to provide for minor updates and needed
repair to the Plaza Theatre.
2. Direct staff to negotiate with the Palm Springs International Film Festival for a
leasehold of the Plaza Theatre and that any renovation includes ADA seating.
MEETING RECESS
The City Council recessed at 8:45 p.m. and returned at 9:00 p.m. with all members present.
B. PRIORITY ONE COACHELLA VALLEY REQUEST FOR SPONSORSHIP
FUNDING
City Manager Clifton introduced Palm Desert Councilmember Jonathan who presented the
staff report and responded to City Council inquiries.
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR HOLSTEGE,
CARRIED 5-0, to provide $10,000 in sponsorship funding for Priority One Coachella
Valley.
C. REVIEW AND DISCUSSION OF DRAFT 2021-2029 HOUSING ELEMENT,
DRAFT LAND USE PLAN AND PROPOSED BUILDOUT
The City Council continued this item to the Adjourned Regular Meeting of July 26, 2021.
Director of Development Services Fagg reported receiving comments regarding the short
time frame for considering the Housing Element; noted everyone has just been through a
City Council Minutes July 22, 2021
City of Palm Springs Page 16
pandemic and the State did not extend its deadlines relative to the pandemic and discussed
public outreach and input.
Principal Planner David Newell narrated a PowerPoint presentation with details of the draft
2021-2029 Housing Element and addressed background and process, Housing Element
updates, land use definitions and descriptions, land use map changes and buildout
projections. He addressed the timeline noting a requirement to submit the first draft of the
Housing Element to HCD on July 30, 2021.
Mayor Holstege asked regarding the specific direction needed at this time and on the
second draft.
Principal Planner Newell requested feedback relative to a strategy to address the RHNA
numbers; spoke about identifying sites that are appropriate for housing and noted it would
be good to get input from Council regarding additional goals, policies, and programs.
Councilmember Kors asked about the property related to College of the Desert.
Councilmember Garner noted the need to recuse herself on this subject and left the meeting.
Director of Development Services Fagg stated staff is aware of the concern and offered to
work with City Attorney Ballinger to revise the number of units and believed the City has
enough to meet its RHNA numbers. He noted the need to keep in mind what the long-term
use of that property will be.
Councilmember Kors provided background on the property; discussed the possibility of it
providing an educational opportunity; noted there are legal challenges as well as a deed
restriction that only allows educational uses. He understood College of the Desert now
wants to sell the property and the City has made clear that if the property will be turned
into housing, it needs to benefit the Desert Highlands Gateway Estates and surrounding
neighborhoods and as a way to do reparations from people evicted from Section 14.
Additionally, he indicated he is open to housing, but it must include inclusionary zoning
or use of the funds for the community and spoke about the need to resolve legal issues as
soon as possible.
Councilmember Woods referenced Policy No. HS5.8 and suggested removing the word,
"gentrification" and simply identifying the negative elements.
Councilmember Garner returned to the meeting.
Councilmember Kors spoke about not pushing density into lower income neighborhoods
but spreading it out throughout the City and closer to public transit; discussed allowing
multi-units in all zones, near transit, with less parking; talked about including up-zoning in
shopping centers that have extra parking; commented on a housing waiver for the Gene
Autry site and noted one of the benefits of allowing more density in certain areas is that it
allows the City to focus on open space. Councilmember Kors discussed Page 4 of the staff
report and the elimination of development districts in multi-use and central district
designations but not elsewhere and expressed concern regarding keeping them in single-
City Council Minutes July 22, 2021
City of Palm Springs Page 17
family residential. Relative to Page 28, he pointed out that apartments rates have increased
more than 50% in the last decade; referenced Page 58 and confirmed home ownership
patterns do not include tribal trust land as a means to achieve RHNA numbers; encouraged
educating builders regarding waiver incentives; confirmed that transitional and supportive
housing are included in the RHNA numbers; supported adding density in all zones, close
to transit corridors; referenced Page 79 and recommended including R1 zones in medium
and higher density zones and mentioned eviction subsidies when there are conversions of
apartments. He spoke about encouraging and incentivizing smaller hotels to convert into
market-rate or subsidized apartments; asked whether the City can prohibit the conversion
of apartments into hotels/condominiums; talked about preventing rental units with long-
term rentals from getting a vacation rental permit, the possibility of capping the number of
vacation rental units and the need to further discuss allowing hotel/motels in residential
zones if they are compatible with the neighborhood. Councilmember Kors listed
neighborhoods where 51% of households earn below 50% of the median income; noted
20% of residents live below the poverty line in those neighborhoods and discussed
addressing mixed-use districts for denser housing.
Director of Development Services Fagg reported some of the issues listed would be
addressed in the Land-Use Element instead of the Housing Element.
In reply to Councilmember Woods's question, Director of Development Services Fagg
discussed mixed-use in R3 zones.
Principal Planner Newell identified existing densities in specific areas and the
corresponding proposed changes in zoning and addressed the Boulders and Crescendo
properties as they relate to RHNA.
Councilmember Woods spoke about changing the Boulders and Crescendo properties to
open space, in the Land-Use Element; suggested the area between Indian and Palm Canyon
be a "five-story" with opportunities for increased density.
Councilmember Garner noted omission of information regarding the existing two mobile
home parks and affordable housing project in the northern part of the City; requested that
their issues be addressed throughout the document, such as the lack of cell service and
internet connectivity at Golden Sands; looked forward to having the document updated
with 2020 Census numbers and receiving a presentation and reported overcrowding was
listed as 2% in the City, but there is an issue of overcrowding in the mobile home parks.
She commented positively on the history section of the document but noted discrepancies
in addressing the Filipino community and the Veterans Tract; requested the City consider
a housing condition survey in the future, to help the City meet its goals regarding fixing
and updating properties and stressed the importance of making sure there is no retaliation
by landlords. Councilmember Garner recommended working with organizations and
individuals with expert knowledge regarding special needs housing; noted 56% of renters
in the City, overpay for housing; stated she would like to see the issue addressed in a more
robust way; suggested creating an ADU rental registry; discussed historic properties that
are not on the historic preservation list and addressed housing designations and land use
changes.
City Council Minutes July 22, 2021
City of Palm Springs Page 18
In reply to Mayor Pro Tem Middleton's question regarding Belair Greens and the
commercial project at the far north end near the freeway, Director of Development Services
Fagg confirmed those matters will need additional community input and discussion. Mayor
Pro Tem Middleton spoke about some cities moving away from single-family housing;
stated she has not observed that removal of single-family housing will produce new
housing; discussed the need for evidence that there would be a constructive change in the
number of homes being constructed and stressed the need for a Housing Element that
results in housing. She suggested reaching out to those who finance new home construction
and build new homes to determine the impediments of the construction of new housing
across all price points in the City; voiced support for the conversion of long-term rental
housing to vacation rentals but noted capping the number of vacation rentals does not
directly impact the conversion of long-term rentals; supported adding density in areas along
transit lines and considering height in certain areas of the City with community input and
talked about using some of the City's vacant land to expand the number of mobile home
parks in the City and about ensuring that the Palm Hills area remains open space in
perpetuity.
Councilmember Kors commented on the Palm Hills area and potential related legal issues.
Director of Development Services Fagg reported there is language in the Land-Use
Element about Palm Hills and will work with the City Attorney to ensure it is appropriate.
Mayor Holstege agreed with the need for a Housing Element that results in housing;
supported increasing density near transit; stated she would like to see a study analyzing the
possibility of increasing density, throughout the City; commented on the College of the
Desert parcel and scheduling a formal meeting with them; acknowledged community input;
addressed Belair Greens and talked about promoting self-help programs for home
ownership.
Mayor Pro Tem Middleton stressed the need to be strategic, in terms of where to increase
density along transit corridors.
Councilmember Woods commented on the importance of having good design standards.
The City Council provided direction to staff as appropriate.
1. Discuss and provide comment on draft Housing Element, Land Use Plan and Buildout.
2. Provide direction on three requests from members of the public for specific changes to
the Land Use Plan. -- No action is required because the Housing Element is required to
be reviewed and accepted by HCD prior to City approval and adoption. The City will
hold a public hearing prior to final adoption later this year or early 2022.
D. 2021 FALL SPECIAL EVENTS AND PARADES
Director of Parks and Recreation Cynthia Alvarado-Crawford narrated a PowerPoint
presentation regarding 2021 fall special events and parades.
City Council Minutes July 22, 2021
City of Palm Springs Page 19
Councilmember Garner reported receiving comments for a more robust Veterans Day
Parade and would like future consideration of better supporting other events that are
important to the community.
Mayor Holstege opened the public hearing.
There were no public comments on this item.
Mayor Holstege closed the public hearing.
MOTION BY MAYOR HOLSTEGE, SECOND BY COUNCILMEMBER KORS,
CARRIED 5-0, to:
1. Authorize the return of the Palm Springs Veterans Day Parade and the Palm Springs
Festival of Lights Parade, contingent on the State’s planned reopening of California
and in compliance with the State’s guidelines for large-scale events.
2. Fully fund the City’s Veterans Day Parade from the FY 2021-22 Special
Events/Sponsorships Budget to be offset through sponsorships.
3. Fully fund the City’s Festival of Lights Parade from the FY 2021-22 Special
Events/Sponsorships Budget to be offset with sponsorships.
4. Authorize the City Manager to execute all necessary documents.
PUBLIC COMMENT:
Jerry Keller, Lulu California Bistro, discussed the COVID-19 Delta Variant; noted there is a
serious possibility of restaurants having to close indoor dining; reported this makes the use of
parklets even more vital; suggested the possibility of modifying parklet designs to allow
restaurants to maintain outdoor dining and asked that Council consider the discussion regarding
parklets until more information is gathered regarding the Delta Variant.
Joan Martin referenced a recent opinion piece by Mayor Holstege and Councilmember Kors
regarding the Marilyn Forever statue and commented on the recent protest.
Brian Rossi commented on the five acres of possible homeless housing; noted he is preparing a
proposal for same and discussed moving the George Floyd poster.
Trina Turk referenced Mayor Holstege's prior comments regarding the Marilyn Forever statue;
felt public comments have been suppressed and ignored; spoke about many women who are
triggered by the statue, itself; opined City Council has lost credibility as true supporters of
women and urged the City to relocate it.
Elilina Guereca, Executive Director, Women's March Foundation, read part of her op-ed
regarding the Marilyn Forever statue; spoke about women who opposed the placement of the
statue being harassed and commented on the practice of "up-skirting".
City Council Minutes July 22, 2021
City of Palm Springs Page 20
Lauren Wolfer, Assistant Manager, Palm Springs Certified Farmers Market, spoke about the
food truck ordinance not allowing food trucks in the City prior to 9:00 a.m.; felt the ordinance is
restrictive and suggested the need to re-evaluate the ordinance.
There were no other public comments.
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT:
Mayor Holstege requested that staff agendize discussion related to the Desert Community
Compost Coalition and review of the Food Truck Ordinance.
Councilmember Woods requested a review or architectural design guidelines.
Councilmember Kors requested that staff evaluate and agendize discussion related to requiring
cannabis-related businesses to utilize 100% carbon-free energy.
ADJOURNMENT:
The City Council adjourned at 11:40 p.m. to an Adjourned Regular Meeting on Monday, July 26,
2021, at 9:00 a.m.
Respectfully submitted,
Anthony J. Mejia, MMC
City Clerk
APPROVED BY CITY COUNCIL: 12/09/2021