HomeMy WebLinkAbout2020-09-24 CC MINUTESThursday, September 24, 2020
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 Kors on
Thursday, September 24 , 2020, at 5:35 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Kors led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Grace Elena Garner, Lisa Middleton, Dennis Woods; Mayor Pro
Tem Christy Holstege; and Mayor Geoff Kors
Absent: None.
City Staff
Present: David H. Ready, City Manager; Jeffrey Ballinger, City Attorney; Marcus Fuller,
Assistant City Manager; and Anthony J. Mejia, City Clerk, were present at Roll
Call. Other staff members presented reports or responded to questions, as indicated
in the minutes.
PRESENTATIONS:
• PROCLAMATION FOR DEAF AWARENESS MONTH
Mayor Kors presented a Proclamation to Mary Pugin and Tom McGillis declaring
September 2020 as Deaf Awareness Month in the City of Palm Springs.
• LIFESTREAM AWARDS AND BLOOD DONATION EVENT
Mayor Kors announced that the City of Palm Springs won the LifeStream Award for a
recent blood drive competition between Coachella Valley cities.
• HUNGER ACTION MONTH
Mayor Kors announced September 2020 as Hunger Action Month and displayed a video
encouraging people to donate to Find Food Bank.
City Council Minutes September 24, 2020
City of Palm Springs Page 2
• COVID-19 RED TIER UPDATE
Emergency Management Coordinator DeSelms presented an update on COVID-19 cases
data in the Coachella Valley and the State’s new tier system for reopening the economy.
• PALM CANYON DRIVE STREET CLOSURE UPDATE
Councilmember Woods presented an update on the Palm Canyon Drive street closure to
allow for outdoor dining and additional space to help maintain social distancing; noted that
staff is working on new signage and other improvements to create a more welcoming
experience.
In response to City Council inquiry, Assistant City Manager Fuller advised that staff will
monitor the impacts of the street closure and make adjustments as needed; advised that
more restaurants have submitted applications to expand their outdoor dining space.
Councilmember Middleton noted that retail and service business owners had expressed
concern that the street closure has negatively impacted their businesses; requested that staff
reach out to all business types and gather data regarding financial impacts associated with
the street closure.
• PRESENTATION ON THE DOWNTOWN BENCH ART PILOT PROGRAM
Community and Economic Development Director Virata narrated a PowerPoint
presentation on the Downtown Bench Art Pilot Program.
• CENSUS UPDATE
Neighborhoods Manager Goolsby presented an update of the 2020 U.S. Census response
rates.
ACCEPTANCE OF THE AGENDA:
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to accept the agenda with the removal of Consent Calendar Item
No. 1E for separate discussion.
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of September 24, 2020, was called to order by
Mayor Kors at 3:00 p.m., with all members present.
Brad Anderson, stated that he is opposed to using litigation to intimidate the public; urged the City
Council to take current events into consideration while determining the City Manager’s and City
Attorney’s compensation.
The meeting convened into Closed Session to discuss the following items as listed on the Regular
Closed Session Meeting Agenda:
City Council Minutes September 24, 2020
City of Palm Springs Page 3
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, Pursuant to
Government Code Section 54956.9(d)(1):
City of Palm Springs v. O & M HR LLC, et al (Prairie Schooner),
Case No PSC 1701804, 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):
Seven (7) matters that, under the existing circumstances, the City Attorney believes create
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.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION, Pursuant to Government Code Section
54957(b)(1):
City Manager
City Attorney
CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code
Section 54956.8:
Property Description: APNs 677-444-010; 677-444-013; and 67470 Sarah Street,
Cathedral City, CA 92234
Agency: City of Palm Springs
City Negotiator: Marcus Fuller, Assistant City Manager or Designee
Negotiating Parties: Luis A. Avila Paz, Rosario Avila and Maria Avila
Under Negotiation: Price and Terms of Payment
Property Description: APNs 680-170-051 and 680-170-014
Agency: City of Palm Springs
City Negotiator: Marcus Fuller, Assistant City Manager or Designee
Negotiating Parties: Bureau of Indian Affairs
Under Negotiation: Price and Terms of Payment
Property Description: Palm Canyon Theater 538 North Palm Canyon Drive Palm Springs,
CA 92262
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: The Palm Canyon Theatre
Under Negotiation: Price and Terms of Payment
City Council Minutes September 24, 2020
City of Palm Springs Page 4
Property Description: 2901 E. Alejo Road, Palm Springs, CA 92262
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: Coachella Valley Economic Partnership
Under Negotiation: Price and Terms of Payment
Property Description: 3400 Tahquitz Canyon Way, Palm Springs (portions of airport)
Agency City of Palm Springs
City Negotiator: David Ready, City Manager or Designee
Negotiating Parties: Paradies Shops, LLC
Under Negotiation: Price and Terms of Payment (Lease)
Property Description: 505-182-010 and 505-182-004 (Adjacent parcels located at the
southwest corner of North Palm Canyon Drive and Stevens Road)
Agency: City of Palm Springs and Successor Agency of the Former
Redevelopment Agency of the City of Palm Springs
City Negotiator: David Ready, City Manager or Designee
Negotiating Parties:
Under Negotiation: Price and Terms of Payment (Sale)
Property Description: Right of way easements & temporary construction easements along
the north side of Vista Chino, and along the east side of Gene Autry
Trail (APNs 501-355-003, 677-540-029 & 677-540-028)
Agency: City of Palm Springs and Successor Agency of the Former
Redevelopment Agency of the City of Palm Springs
City Negotiator: Marcus Fuller, Assistant City Manager or Designee
Negotiating Parties: California Department of Transportation (Caltrans)
Under Negotiation: Price and Terms of Payment (Sale)
Property Description: 3.6 Acres at SE corner of Indian Canyon Drive and
San Rafael Road APN 501-031-028
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: Community Housing Opportunities Corporation (CHOC)
Under Negotiation: Price and Terms of Payment (Sale)
Property Description: Boulders Property (Lots 1-45 of Tract Map 31095/APNs 504-150-
011 through -055); Crescendo Property (APN 504-040-046);
Rimrock Property (APN 681-480-011); Gene Autry Property (APNs
677-540-028 & 677-540-029); Block G of parcel map 36446 (APN
513-560-048)
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties:
Under Negotiation: Price and Terms of Payment
City Council Minutes September 24, 2020
City of Palm Springs Page 5
CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957.6:
City Negotiator: David Ready, City Manager or Designee
Perry Madison, 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:
Gretchen Gutierrez, speaking on Item 5D, representing the Desert Valley Builders Association,
urged the City Council to approve the DVBA request to expand the number of community
directional real estate signs.
Josh Black, speaking on Item 5A, representing E7 Palm Springs, pointed out that OG Arabian
Nights Dispensary received their permits in February 2019; asserted that they are holding onto
their permit so that no other business can locate in the area; urged the City Council to approve the
subject distance waiver.
Chris Cranfill, speaking on Item 5B, representing Prime DNA Cannabis, discussed his
qualifications and involvement in the cannabis industry and urged the City Council to approve the
distance waiver.
Jeffrey Bernstein, speaking on Item 3B, urged the City Council to extend the eviction moratorium
for commercial tenants, opining that many small businesses will close without the protections;
suggested that the City Council require mediation services prior to initiating eviction proceedings.
Philip Wen, speaking on Item 5A, representing OG Arabian Nights, stated that the State of
California has denied issuing cannabis permits to Robert Divito on several occasions, asserting
that he seeks cannabis-related permits for resale purposes.
Nissim Raphael, speaking on Item 5A, voiced opposition to the proposed cannabis dispensary;
stated that OG Arabian Nights had made significant investments to renovate the property and will
open in the next few weeks.
Michael McCulloch, speaking on Item 1E, voiced support for the preservation of Tahquitz Creek
Golf Course as an open space.
City Council Minutes September 24, 2020
City of Palm Springs Page 6
Bonita Money, speaking on Item 5A, representing the National Diversity & Inclusion Cannabis
Alliance, urged the City Council to support applicants under the City’s Social Equity Cannabis
program.
Matt Bousquette, speaking on Items 3B and 5A, urged the City Council to deny the distance waiver
for Element 7; pointed out that commercial landlords have not received financial assistance due to
non-payment of tenants rent and urged the City Council to allow the eviction moratorium to expire.
Dirk Voss, speaking on Item 5A, spoke in support of Element 7 and urged the City Council to
approve the distance waiver request.
Chris Bloom, speaking on Item 5A, representing Element 7, stated that his company does not
collect and resale cannabis licenses; spoke on their commitment to hire locally and fund additional
parking lot improvements.
Brad Anderson, speaking on Item 1N, voiced opposition to the U.S. Conference of Mayors and
urged the City Council to focus on local issues.
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER’S COMMENTS AND
REPORTS:
Mayor Kors announced new airline service designations via the Palm Springs International
Airport; noted that Councilmember Middleton and himself are volunteering to serve as liaisons on
issues related to the Fire Department.
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to approve the consent calendar, with the removal of Item
No. 1E for a separate discussion.
A. APPROVAL OF MINUTES
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to approve the City Council Meeting Minutes of July 23 and
August 20, 2020.
B. APPROVAL OF PAYROLL WARRANTS, CLAIMS, AND DEMANDS
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. Adopt Resolution No. 24800 entitled, “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 08-22-
2020 TOTALING $1,631,982.62 AND ACCOUNTS PAYABLE WARRANTS
DATED 08-13-2020 AND 08-20-2020 TOTALING $1,473,070.12, IN THE
AGGREGATE AMOUNT OF $3,105,052.74, DRAWN ON BANK OF AMERICA.”
City Council Minutes September 24, 2020
City of Palm Springs Page 7
2. Adopt Resolution No. 24801 entitled, “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 08-08-
2020 TOTALING $1,634,396.63 AND ACCOUNTS PAYABLE WARRANTS
DATED 08-06-2020 TOTALING $5,415,675.19, IN THE AGGREGATE AMOUNT
OF $7,050,071.82, DRAWN ON BANK OF AMERICA.”
C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE
MONTHS OF JULY AND AUGUST 2020
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to receive and file the report of Staff Authorized Agreements
and Purchase Orders for the period of July 1, 2020, through August 31, 2020.
D. DESIGNATION OF A VOTING DELEGATE FOR THE 2020/21 EXECUTIVE
COMMITTEE ELECTIONS FOR THE RIVERSIDE COUNTY DIVISION OF
THE LEAGUE OF CALIFORNIA CITIES
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to designate Lisa Middleton as the Voting Delegate for the
2020/21 Executive Committee election for the Riverside County Division of the League of
California Cities.
E. APPROPRIATION OF $14,000 FROM UNRESTRICTED GENERAL FUND
BALANCE FOR AN APPRAISAL OF THE TAHQUITZ CREEK GOLF COURSE
AND RELATED PROPERTIES
This item was excluded from the Consent Calendar. Please refer to page 10 of these
minutes for a summary of that action.
F. SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS
MUNICIPAL CODE TO ESTABLISH THE NAME OF THE DEVELOPMENT
SERVICES DEPARTMENT AND TO UPDATE THE ASSOCIATED TITLES AND
REFERENCES THEREIN
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to adopt Ordinance No. 2031 entitled, “AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE PALM SPRINGS MUNICIPAL CODE TO ESTABLISH THE NAME
OF THE DEVELOPMENT SERVICES DEPARTMENT AND TO UPDATE THE
ASSOCIATED TITLES AND REFERENCES THEREIN.”
City Council Minutes September 24, 2020
City of Palm Springs Page 8
G. SECOND READING AND ADOPTION OF ORDINANCE NO. 2030 OF THE CITY
OF PALM SPRINGS, CALIFORNIA, RELATIVE TO MINOR UPDATES TO THE
HISTORIC PRESERVATION ORDINANCE (CASE 5.1454 ZTA)
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to adopt Ordinance No. 2030 entitled “AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING MUNICIPAL CODE SECTION 8.05 (“HISTORIC PRESERVATION”).”
H. APPROVAL OF AMENDMENT NO. 3 TO EXTEND CONTRACT SERVICE
AGREEMENT NUMBER 6683 (A6683) WITH SOCAL LAND MAINTENANCE,
INC. FOR ROADSIDE MAINTENANCE AND TRANSIENT CAMP CLEAN UP
SERVICES
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. Approve Amendment No. 3 to Agreement No. 6683 with So Cal Land Maintenance,
Inc., in the total amount of $87,362.50, extending the contract term an additional six
(6) months. A6683
2. Authorize the City Manager to execute all necessary documents.
I. DECLARE CITY-OWNED LAND AS SURPLUS TO ALLOW FOR THE
DISPOSITION OF PROPERTIES IN ACCORDANCE WITH AB 1486 SURPLUS
LAND ACT
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 24802 entitled, “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING CITY-OWNED PROPERTY DESCRIBED HEREIN, AS SURPLUS
LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THE PROCEDURES
SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE
SECTION 54220 ET SEQ., AS AMENDED ON JANUARY 1, 2020, FOR THE SALE
OF SURPLUS LAND.”
City Council Minutes September 24, 2020
City of Palm Springs Page 9
J. REQUEST BY TAMARA PAULSON AND ANTHONY REDON, OWNERS, FOR
APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR 360 CABRILLO ROAD UNIT 227, A CONTRIBUTING
STRUCTURE IN THE RACQUET CLUB COTTAGES WEST HISTORIC
DISTRICT (APN #501-131-034), (HSPB #88 / HD-3)
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. Approve a Mills Act Historic Property Preservation Agreement between the City of
Palm Springs and Tamara Paulson and Anthony Redon and the Racquet Club Cottages
West Homeowners Association for 360 Cabrillo Road, Unit 227.
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement with the County of Riverside.
K. REQUEST BY JEFFREY ALLEN WILKES AND GAN TEOW HOOI, OWNERS
FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR 640 NORTH BELARDO ROAD, A CONTRIBUTING
STRUCTURE IN THE MERITO MANOR HISTORIC DISTRICT (APN #505-302-
015), (HSPB #121 / HD-8)
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. Approve a Mills Act Historic Property Preservation Agreement between the City of
Palm Springs and Jeffrey Allen Wilkes, Gan Teow Hooi, and the Merito Manor
Homeowners Association.
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement with the County of Riverside.
L. REQUEST BY THE AMERICAN LEGION DEPARTMENT OF CALIFORNIA
POST #519 FOR APPROVAL OF MILLS ACT HISTORIC PROPERTY
PRESERVATION AGREEMENT FOR THE AMERICAN LEGION POST #519, A
CLASS 1 HISTORIC SITE LOCATED AT 400 NORTH BELARDO ROAD (APN
#513-082-021), (HSPB #36)
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. Approve a Mills Act Historic Property Preservation Agreement between the City of
Palm Springs and the American Legion Department of California, Post #519.
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement with the County of Riverside.
City Council Minutes September 24, 2020
City of Palm Springs Page 10
M. APPROVAL OF A RESOLUTION OF INTENTION TO FORM THE PROPOSED
COMMUNITY FACILITIES DISTRICT NO. 2020-1 (CANYON VIEW) AND A
RESOLUTION DECLARING THE NECESSITY TO INCUR BONDED
INDEBTEDNESS
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. Adopt Resolution No. 24803 entitled, “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS
INTENTION TO ESTABLISH PROPOSED COMMUNITY FACILITIES DISTRICT
NO. 2020-1 (CANYON VIEW) OF THE CITY OF PALM SPRINGS.”
2. Adopt Resolution No. 24804 entitled, “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE
NECESSITY FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2020 -
1 (CANYON VIEW) OF THE CITY OF PALM SPRINGS TO INCUR BONDED
INDEBTEDNESS.”
3. Schedule a Public Hearing for November 12, 2020, regarding matters related to the
Canyon View Community Facilities District formation.
N. REQUEST BY U.S. CONFERENCE OF MAYORS TO SIGN ON TO STATEMENT
OF SUPPORT FOR HUMAN RIGHTS IN THE UNITED STATES
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 5-0, to:
1. Approve the City of Palm Springs to sign on to a statement in support of human rights
from the United States Conference of Mayors.
2. Authorize the Mayor to sign on to such statement on behalf of the City of Palm Springs.
EXCLUDED CONSENT CALENDAR:
E. APPROPRIATION OF $14,000 FROM UNRESTRICTED GENERAL FUND
BALANCE FOR AN APPRAISAL OF THE TAHQUITZ CREEK GOLF COURSE
AND RELATED PROPERTIES
In response to City Council inquiry, Assistant City Manager Fuller advised that the
proposed appraisal is a preliminary step to evaluate the feasibility of selling the properties
for active/passive recreational use, noting that there will be a formal process to seek
community input in the future.
MOTION BY MAYOR PRO TEM HOLSTEGE, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to approve an appropriation of $14,000 from unrestricted
General Fund balance and authorize a transfer to the Economic Development Department
for the purpose of funding 50% of the cost of an appraisal of the City ’s golf course
properties.
City Council Minutes September 24, 2020
City of Palm Springs Page 11
2. PUBLIC HEARINGS:
A. APPEAL BY SIMON CRE SUMMIT IIl, LLC, OF THE PLANNING
COMMISSION ACTION TO DENY A CONDITIONAL USE PERMIT AND A
MAJOR ARCHITECTURAL APPLICATION FOR THE CONSTRUCTION OF A
3,071-SQUARE FOOT CONVENIENCE STORE AND FUELING STATION
LOCATED AT 2444 NORTH PALM CANYON DRIVE, ZONE C- 1, SECTION 3
(CASE 5.1498 CUP & 3.4148 MAJ)
Director of Development Services Fagg narrated a PowerPoint presentation. In response to
City Council inquiries, Director Fagg stated that the existing 7-Eleven store across the street
would close if the subject project is constructed; advised that the Planning Commission
determined that the project does not meet the intended goals of the Mixed-Use/Multi-Use
(MU) zoning designation, noting that project should be an integrated element of the
neighborhood typically with shared pedestrian connections, vehicular access, and amenities.
Mayor Kors opened the Public Hearing.
Umar Kahn, Applicant/Franchisee, spoke on the impacts of Covid-19 on his business,
noting that the new location will allow him to expand their products and services in a larger
store; offered to work with the Palm Springs Police Department to address the homeless
loitering in front of the store; urged the City Council to overturn the Planning
Commission’s decision.
Peter Krahenbuhl, the Project Developer, noted that this is a proposal to expand an existing
business and reviewed the project design and site history; noted that there is currently no
interest to utilize the proposed site for a full-service grocery store.
Bill Hamlin, Ayres Advisors, stated that the project is consistent with the current zoning
designation, would improve the existing site conditions, and encourage additional
development in the surrounding area.
Diane Blasdel, Attorney representing the applicant, noted that the project would result in
public safety, lighting, and landscaping improvements.
There being no one else desiring to speak, Mayor Kors closed the Public Hearing.
Councilmember Woods announced his ex parte communications with the developer;
pointed out there is no proposed reuse of the existing 7-Eleven store and that its closure
would contribute to the surrounding area’s blight; noted that the existing vacant lot is not
considered blight; opined that the proposed project does not meet the intended goals of the
MU zoning designation nor does it meet the needs of the food desert overlay zone; asserted
that the area does not need another fueling station and the project is not pedestrian-friendly.
In response to City Council inquiries, Director Fagg noted that staff proposed a Condition
of Approval to require connectivity between the commercial use and residential area; stated
that the City Council would ultimately need to decide whether the project is needed as a
public convenience or necessity.
City Council Minutes September 24, 2020
City of Palm Springs Page 12
In response to City Council inquiry, City Manager Ready and Director Virata discussed
efforts to attract a full-service grocery store to the subject site, noting challenges related to
insufficient population levels in the immediate area.
Councilmember Middleton agreed that the project would result in the existing store to
become another vacant building contributing to the area’s blight.
Councilmember Garner expressed concern regarding the number of fueling stations in the
immediate area, noting the need to think about the future of vehicular transportation and
impacts to the environment; spoke on the need to be intentional about the entrance to the City.
Mayor Kors opined that the proposed project is neither necessary nor a public convenience;
noted that the community had expressed strong opposition to the project.
Mayor Pro Tem Holstege spoke on the need for new development in the area; agreed that
the project would be detrimental to future uses of the site, pointing out that fueling stations
with underground tanks may require environmental remediation and that the Governor has
called for the phasing out of new gas-powered vehicles by 2035.
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to direct staff to prepare and return to the City Council with a
Resolution denying the appeal and upholding the Planning Commission’s action to deny a
Conditional Use Permit and a Major Architectural Application for the construction of a
3,071-square foot convenience store and fueling station located at 2444 North Palm
Canyon Drive.
B. CONDUCT A PUBLIC HEARING UNDER SECTION 53083 OF THE CALIFORNIA
GOVERNMENT CODE TO APPROVE A HOTEL OPERATIONS COVENANT
BETWEEN THE CITY OF PALM SPRINGS AND RESORTS PALM SPRINGS, LLC,
A CALIFORNIA LIMITED COMPANY, (SANTIAGO RESORT HOTEL)
PURSUANT TO THE CITY’S HOTEL OPERATIONS INCENTIVE PROGRAM
Director of Community and Economic Development Virata presented the staff report and
responded to City Council inquiries.
Mayor Kors opened and closed the Public Hearing, there being no one desiring to speak.
Following discussion, MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
COUNCILMEMBER WOODS, CARRIED 5-0, to:
1. Approve a Hotel Operations Covenant Agreement with Resorts Palm Springs, LLC for
the Santiago Resort Hotel located at 650 East San Lorenzo Road.
2. Authorize the City Manager to execute all necessary documents.
City Council Minutes September 24, 2020
City of Palm Springs Page 13
RECESS/RECONVENE
The City Council recessed at 7:46 p.m. and reconvened at 8:00 p.m. with all members present.
3. LEGISLATIVE:
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
CALIFORNIA, AMENDING CHAPTER 8.80 OF THE PALM SPRINGS
MUNICIPAL CODE ENTITLED “VACANT BUILDINGS; BLIGHTED
PROPERTIES”
City Attorney Ballinger presented the staff report. In response to City Council inquiries,
Mr. Ballinger advised that Code Compliance Officers, Building Official, and City Attorney
work collaboratively to address blighted properties, noting that the City’s goal is to obtain
compliance.
In response to City Council inquiry, City Manager Ready advised that the City will
typically allow for extensions of time if a residential property owner needs to comply with
property standards, noting that the City has limited financial resources to assist with
life/safety property improvements.
The City Council requested that staff compile a list of programs and resources for
residential property owners who need financial assistance to bring their property into
compliance with maintenance standards. Councilmember Middleton suggested that staff
work with One-PS to develop a financial assistance program for low-income property
owners struggling to maintain their homes.
Following discussion, MOTION BY COUNCILMEMBER WOODS, SECOND BY
MAYOR PRO TEM HOLSTEGE, CARRIED 5-0, to waive reading of the text and
introduce for first reading an Ordinance entitled, “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CAL IFORNIA, AMENDING
CHAPTER 8.80 OF THE PALM SPRINGS MUNICIPAL CODE ENTITLED ‘VACANT
BUILDINGS; BLIGHTED PROPERTIES’,” with the following modifications:
1. All non-residential properties are subject to increased fines (the enhanced fine was
previously limited to non-residential properties located in the Downtown/Uptown
Districts)
2. Require fire and liability insurance coverage for registered vacant properties.
City Clerk Mejia read the ordinance title.
City Council Minutes September 24, 2020
City of Palm Springs Page 14
B. DISCUSSION REGARDING TEMPORARY MORATORIUM ON EVICTIONS
FOR COMMERCIAL TENANCIES AND POSSIBLE EXTENSION,
TERMINATION OR MODIFICATION OF SUCH MORATORIUM
City Attorney Ballinger presented the staff report. In response to City Council inquiries,
Mr. Ballinger advised that the City Council has the authority to impose a requirement for
mediation services prior to initiating eviction proceedings; explained that the Governor’s
order does not enact commercial property eviction protections but instead allows
municipalities to enact their own eviction moratorium.
RECESS/RECONVENE
Due to technical issues, the City Council recessed at 8:16 p.m. and reconvened at 8:21 p.m., with
all members present.
Councilmember Garner expressed concern regarding the ability for tenants to pay back rent
and questioned whether tenants should be required to pay a minimum percentage of rent
due each month.
Councilmember Middleton questioned whether the City could implement a mediation
program and whether landlords should have the right to examine evidence related to the
cause for non-payment of rent; voiced concern that some tenants will only pay the
minimum percentage of rent due if such a provision were enacted.
Mayor Pro Tem Holstege noted that Mayor Kors and herself have met with commercial
landlords regarding the subject moratorium; noted that tenants are required to pay any
portion of rent that they can afford; stated that some landlords have expressed concern
regarding the enforcement of this provision and the feasibility that tenants will be able to
pay their back rent when the moratorium expires; spoke on the challenges with
implementing a mediation program for commercial properties.
Mayor Kors noted that most tenants are reporting that they are working cooperatively with
their landlords; questioned the possibility of extending the payback period for past due
rent; suggested that landlords could be required to provide notice to tenants indicating their
willingness to meet and confer.
Councilmember Woods pointed out that rental assistance and other resource programs are
available to commercial tenants and voiced support for allowing the moratorium to sunset.
Mayor Pro Tem Holstege spoke on the need to seek additional input from commercial
tenants regarding their ability to pay back rent; voiced support for allowing the existing
moratorium to sunset.
Councilmember Middleton voiced her support for allowing the moratorium to sunset,
suggesting that the City notify commercial tenants that the City is willing to work with
them if their landlord is uncooperative.
City Council Minutes September 24, 2020
City of Palm Springs Page 15
Director Virata suggested that staff conduct a sampling of different business sectors to
obtain additional information as it relates to their ability to pay back rent.
The City Council determined to allow the temporary moratorium on commercial evictions
to sunset.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
A. REQUEST BY ROBERT DIVITO OF E7 PALM SPRINGS, LLC FOR
ADMINISTRATIVE MINOR MODIFICATION (AMM) APPROVAL FOR
RELIEF FROM THE FIVE HUNDRED (500)-FOOT MINIMUM SEPARATION
DISTANCE REQUIREMENT BETWEEN CANNABIS DISPENSARIES AND
CANNABIS LOUNGES AT 240 & 242 NORTH PALM CANYON DRIVE, ZONE
CBD, (CASE 7.1603 AMM)
Director of Development Services Fagg presented the staff report. In response to City
Council inquiries, Director Fagg advised that the City has no information on the statement
that the owner of OG Arabian Nights intentionally seeks cannabis-related permits for
resale.
In response to City Council inquiry, Director of Special Program Compliance Goedhart
advised that OG Arabian Nights has indicated they will open in early October 2020 and
summarized their permitting timeline.
Councilmember Middleton, Mayor Pro Tem Holstege, and Mayor Kors agreed that the
criteria for minimum separation distance waivers should include a timeline to ensure that
the project moves forward, citing concern that an applicant may be attempting to collect
permits for resale.
Councilmember Garner voiced opposition to the request, citing concerns related to the
oversaturation of cannabis-related businesses in the immediate area.
Mayor Kors noted that the criteria include whether the proposed site has remained vacant
for an extended period or causing blight, pointing out that the site was successfully operated
by other businesses in 2019 and that staff found no signs of blight.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
GARNER, CARRIED 5-0, to adopt Resolution No. 24806 entitled, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING
AN ADMINISTRATIVE MINOR MODIFICATION (AMM) WHICH GRANTS RELIEF
FROM THE FIVE HUNDRED (500)-FOOT-MINIMUM SEPARATION DISTANCE
REQUIREMENT BETWEEN CANNABIS DISPENSARIES AND CANNABIS
LOUNGES FOR ELEMENT 7 AT 240 & 242 NORTH PALM CANYON DRIVE (CASE
7.1603AMM).”
City Council Minutes September 24, 2020
City of Palm Springs Page 16
B. CALIFORNIA’S BEST, LLC (PRIME DNA CANNABIS) REQUESTING AN
ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF FROM THE
MINIMUM SEPARATION DISTANCE REQUIREMENT FOR A CANNABIS
DISPENSARY/ LOUNGE AT 1227 SOUTH GENE AUTRY TRAIL (CASE
7.1605AMM)
Director of Development Services Fagg presented the report.
Mayor Kors expressed concern with granting a distance separation waiver if the proposed
cannabis-related business will result in an existing business being forced to relocate.
In response to City Council inquiries, Director Fagg advised that the applicant has indicated
that the current tenant (U.S. Mobility) intends to relocate to a different site.
Councilmember Woods indicated his support for the distance separation waiver, noting
that the cannabis-related businesses in the subject business park would operate similar to
car dealerships clustered in a particular area.
Councilmember Garner voiced concern regarding the oversaturation of cannabis-related
businesses and utilizing a site that has recently been used by different business sectors.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
HOLSTEGE, CARRIED 4-1 (COUNCILMEMBER WOODS VOTING NO), to adopt
Resolution No. 24807 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, DENYING AN ADMINISTRATIVE
MINOR MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION
DISTANCE REQUIREMENT FOR PRIME DNA CANNABIS DISPENSARY &
LOUNGE LOCATED AT 1227 SOUTH GENE AUTRY TRAIL (CASE 7.1605 AMM).”
C. FISCAL YEAR 2019/2020 GENERAL FUND REVIEW
City Manager Ready and Director of Finance Pauley narrated a PowerPoint presentation
and responded to City Council inquiries.
Mayor Kors requested that staff provide the City Council with updates on Transient
Occupancy Tax (TOT) and Sales Tax on a monthly basis.
In response to City Council inquiries, Assistant City Manager Fuller advised that staff has
prioritized park projects as directed by the City Council and will seek input from the
Measure J Oversight Commission to prioritize funding for other canceled projects.
Councilmembers Middleton and Woods recommended that the City Council set aside at
least 50% of revenues above projections until the City has one year of sales and TOT
revenues in reserves.
Councilmember Garner voiced her support for the Measure J Project list, suggesting that
staff evaluate the refurbishment or replacement of the concrete turtles at City parks.
City Council Minutes September 24, 2020
City of Palm Springs Page 17
Mayor Pro Tem Holstege requested an update on any additional CARES Act funding at
the next City Council meeting.
The City Council took no formal action and provided direction to staff as appropriate.
D. REQUEST BY DESERT VALLEYS BUILDERS ASSOCIATION (DVBA) FOR AN
INCREASE IN THE NUMBER OF COMMUNITY DIRECTIONAL REAL
ESTATE SIGNS ALLOWED UNDER THE APPROVED AGREEMENT WITH
THE CITY OF PALM SPRINGS
Director of Development Services Fagg presented the staff report and responded to City
Council inquiries.
In response to City Council inquiries, City Attorney Ballinger confirmed that the sign
program must be content-neutral and that non-commercial messages would be allowed on
the signs; explained that the City has an obligation to protect the First Amendment and its
obligations flow to the DVBA via the proposed Agreement.
In response to City Council inquiry, Gretchen Gutierrez, representing the DVBA, advised
that no one has contacted the DVBA regarding the placement of political content on the
proposed signs; pointed out that the sign program is intended to drive traffic to new
residential developments; stated that they would work cooperatively with the City Attorney
to ensure the appropriateness of sign content.
Mayor Kors and Mayor Pro Tem Holstege volunteered to work with the City Attorney to
review the matter further and return to the City Council at a future meeting.
The City Council took no formal action on this matter.
PUBLIC COMMENT:
Dian Torres, announced that she is a candidate for City Council; expressed gratitude to Mayor Pro
Tem Holstege for her work on racial discrimination and transitioning to district -based elections;
requested that Mayor Pro Tem Holstege endorse her candidacy.
Brad Anderson, voiced opposition to the two-minute time limitation for public comment; spoke
on the importance of maintaining property values and public safety.
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT:
Mayor Pro Tem Holstege requested that staff present an update on the upcoming election and
voting options.
City Council Minutes September 24, 2020
City of Palm Springs Page 18
ADJOURNMENT:
The City Council adjourned at 10:27 p.m.
Respectfully submitted,
Anthony J. Mejia, MMC
City Clerk
APPROVED BY CITY COUNCIL: 12/10/2020