HomeMy WebLinkAbout2019-06-19 CC MINUTESWednesday, June 19, 2019
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
CALL TO ORDER:
A Regular Meeting of the Palm Springs City Council was called to order by Mayor Moon on
Wednesday, June 19, 2019, at 6:00 p.m., in the Council Chamber, City Hall, located at
3200 E. Tahquitz Canyon Way, Palm Springs, California.
PLEDGE OF ALLEGIANCE:
Mayor Moon led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Christy Holstege, Lisa Middleton, J.R. Roberts; Mayor Pro Tem
Geoff Kors*; and Mayor Robert Moon.
* Mayor Pro Tem Kors left the City Council meeting at 9:23 p.m.
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: None.
ACCEPTANCE OF THE AGENDA:
City Attorney Ballinger advised that prior to Closed Session, the City Council unanimously voted
to add to the agenda consideration of authorizing a letter to Governor Newsom requesting
emergency funding support for summer cooling centers, noting that there is a need to take
immediate action and that the need for action came to the attention of the City subsequent to the
posting of the agenda.
The City Council agreed to reorder the agenda to consider Discussion Items immediately after the
consent calendar. However, these minutes reflect the normal order of business for ease of reference.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to remove Consent Calendar Item No. 1E for separate discussion
and delete Item Nos. 5A and 5B from the agenda.
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of June 19, 2019, was called to order by Mayor
Moon at 4:05 p.m., with all members present.
Se Lynne, Palm Canyon Theater, spoke on the community benefits of the Palm Canyon Theater;
requested an in-person meeting to discuss the proposed lease deal points.
City Council Minutes June 19, 2019
City of Palm Springs Page 2
Herb Schultz, voiced support for the negotiations with the Palm Canyon Theater; spoke on his
experience acting with the Theater.
Joseph Roman, Attorney for Desert Arts Center, expressed appreciation to the City Council for its
willingness to negotiate a new lease with the Desert Arts Center.
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):
City of Palm Springs v. O&M (Prairie Schooner),
Case No. PSC1701804, Superior Court of the State of California, County of Riverside
NDC v. Palm Springs,
Case No. PSC 1807579, Superior Court of the State of California, County of Riverside
CONFERENCE WITH LEGAL COUNSEL – EXPOSURE TO LITIGATION, Pursuant to
Government Code Section 54956.9(d)(2):
Eight (8) matters that, under the existing circumstances, the City Attorney believes
creates significant exposure to litigation
CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION, Pursuant to
Government Code Section 54956.9(d)(4):
Under existing facts and circumstances, there are five (5) matters the City Council has
decided or may decide to initiate litigation.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code
Section 54956.8:
Property Address/Description: 68010 Ramon Road, City of Palm Springs
APN 678-210-012
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: Marwin Jizrawi, Successor Trustee of the Jizrawi
Living Trust Dated 9/16/04
Under Negotiation: Price and Terms of Payment (Purchase)
Property Address/Description: 980 E. Tahquitz Canyon Way, APN 508-056-010
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: Palm Springs Unified School District; Sandra Lyon,
Superintendent
Under Negotiation: Price and Terms of Payment (Lease or Purchase)
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City of Palm Springs Page 3
Property Address/Description: 538 North Palm Canyon Drive, Palm Springs
Agency: City of Palm Springs
City Negotiator: David Ready, City Manager or Designee
Negotiating Parties: W. Layne, President
Palm Canyon Theatre
Under Negotiation: Price and Terms of Payment (Lease)
Property Address/Description: 550 North Palm Canyon Drive, Palm Springs
Agency: City of Palm Springs
City Negotiator: David Ready, City Manager or Designee
Negotiating Parties: Jonathan Cassie, President
Desert Arts Center
Under Negotiation: Price and Terms of Payment (Lease)
Property Address/Description: Carriage House Property (0.5 acres) on a Portion of
APN 513-070-009 Known as the O’Donnell Golf
Course
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: Tracy Conrad
Under Negotiation: Price and Terms of Payment (Lease or Purchase)
Property Address/Description: Palm Springs Convention Center,
277 N. Avenida Caballeros
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or designee
Negotiating Parties: AEG Facilities LLC
Under Negotiation: Price and Terms
Property Address/Description: 3400 Tahquitz Canyon Way, Palm Springs, CA
(portion(s))
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or designee
Negotiating Parties: Chief Planning and Development Officer,
Agua Caliente Band of Cahuilla Indians
Under Negotiation: Price and Terms of Payment (Lease)
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:
Jim Werlin, speaking on Item 2B-A, voiced opposition to settling 1090 claims against Palm
Springs Promenade and Grit Development.
Michael Hirshbein, speaking on Item 2B-A, voiced support for settling 1090 claims against Palm
Springs Promenade and Grit Development; recommended that the Library Building Committee
move forward with its work in studying potential locations for the Library.
City Council Minutes June 19, 2019
City of Palm Springs Page 4
Adrian Alcantar, speaking on Item 2B-A, recommended that the City evaluate all potential
locations for a new Library; suggested that the City Council conduct a Town Hall meeting to
discuss Grit Development’s portfolio; opined that developers should pay prevailing wage when
receiving Transient Occupancy Tax rebates.
The following individuals spoke on Item 2B-A in support of settling 1090 claims against Palm
Springs Promenade and Grit Development and recommended that the proposed Project Labor
Agreement include all trade groups.
Jordan Chehitelli
Jack Huggins
Jimmy Elrod
Joey Frias
Orlando Garcia
Elmer Diaz
Jim Rush
Frankie Jimenez
Calvin Kohler
Albert Castillo
Ginny Foat
Robert Brugeman
Robert Findley, speaking on Item 2B-B, voiced opposition to allowing e-scooters in Palm Springs,
citing concerns related to pedestrian safety.
David Hyams, speaking on Item 2B-B and 2B-D, voiced support for the proposed Golf Course
Conversion Ordinance; expressed opposition to allowing e-scooters in Palm Springs.
Oliver Maxwell IV, speaking on Item 2B-C, urged the City Council to adopt an ordinance to
prohibit plastic straws and polystyrene packaging, citing environmental impacts.
The following individuals spoke on Item 2B-D, expressing support for the proposed Golf Course
Conversion Ordinance.
Jane Garrison
Lou Armentrout
Wayne Guralnick
John Dealy
Arthur MacMillan
Michael Johnson
Wayne Thush
Russ Uthe
Peter Moruzzi
Ruth Sinfuego
David Selberg
Kathy Weremuik
The following individuals spoke on Item 1L, urging the City Council to adopt the proposed
resolution in support for a comprehensive analysis of all water import alternatives as part of the
long term solution for the Salton Sea.
Art Gertz
Chuck Parker
Joy Silver
Laura Ramsey
Joan Taylor, speaking on Items 1L, 2B-A, and 2B-D, voiced support for the Golf Course
Conversion Ordinance and Salton Sea Resolution; urged the City Council to support the
preservation of the Chino Cone and other open space areas as part of the settlement agreement
with Grit Development.
Bill Widmer, speaking on 5A, spoke on his experience operating cannabis-related businesses;
requested that the City Council support the requested distance waiver.
City Council Minutes June 19, 2019
City of Palm Springs Page 5
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS:
Councilmember Roberts reported on his attendance at the Coachella Valley Association of
Governments Public Safety Committee meeting, noting that they discussed the influx of asylum
migrants in the Coachella Valley.
Councilmember Holstege advised that City representatives are working with the County to provide
a nighttime cooling center during the summer; encouraged residents to donate to the Summer
Homeless Survival Fund; reported on her attendance at the League of California Cities Policy
Committee meeting.
1. CONSENT CALENDAR:
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to approve the consent calendar, with the removal of Item
No. 1E for separate discussion.
A. RESOLUTIONS CALLING THE NOVEMBER 5, 2019, GENERAL MUNICIPAL
ELECTION, ORDERING SERVICES AND ADOPTING REGULATIONS FOR
CANDIDATES STATEMENTS
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Adopt Resolution No. 24625 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING AND GIVING
NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 5, 2019, FOR THE ELECTION OF CERTAIN OFFICERS,
AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA AND CITY CHARTER.”
2. Adopt Resolution No. 24626 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, REQUESTING THE BOARD
OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO RENDER SPECIFIED
SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2019.”
3. Adopt Resolution No. 24627 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING REGULATIONS
FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES
STATEMENTS SUBMITTED TO THE VOTERS AT THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 5, 2019.”
City Council Minutes June 19, 2019
City of Palm Springs Page 6
B. APPOINTMENTS TO THE SUSTAINABILITY COMMISSION
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Appoint Sandra Garratt to the Sustainability Commission for a term ending
June 30, 2022.
2. Reappoint Roy Clark, Jennifer Futterman, and John Goins to the Sustainability
Commission for a term ending June 30, 2022.
C. APPROVAL OF MINUTES
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to approve the City Council Meeting Minutes of May 23
and June 5, 2019.
D. ACCEPTANCE OF THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES
ACCOUNT (SLESA) GRANT FROM THE STATE OF CALIFORNIA,
APPROVING AN EXPENDITURE PLAN AND APPROPRIATION
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Accept the State of California Supplemental Enforcement Services Account Grant
(SLESA) and Expenditure Plan.
2. Direct the Director of Finance/City Treasurer to fund the Appropriation.
3. Authorize the City Manager to execute any documents to effectuate the acceptance of
the grant.
E. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID THE 2019 PAVEMENT REHABILITATION, CITY
PROJECT NO. 19-01
This item was excluded from the Consent Calendar. Please refer to Page 11 of these
minutes for a summary of that action.
F. PALM SPRINGS INNOVATION HUB AND ACCELERATOR CAMPUS
QUARTERLY REPORT FOR JANUARY 1, 2019 TO MARCH 31, 2019
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to receive and file the quarterly report from the Coachella
Valley Economic Partnership for the Palm Springs Innovation Hub for the period of
January 1, 2019, to March 31, 2019.
City Council Minutes June 19, 2019
City of Palm Springs Page 7
G. APPROVAL OF THIRD AMENDMENT TO THE SUBDIVISION
IMPROVEMENT AGREEMENT (A6730) AND ASSIGNMENT AND
ASSUMPTION OF SUBDIVISION AGREEMENT BY AND AMONG RREF II-DC
CAMERON, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, TOLL
WEST INC. A DELAWARE CORPORATION, AND THE CITY OF PALM
SPRINGS AND AUTHORIZATION TO REDUCE SUBDIVISION
IMPROVEMENT SECURITIES FOR TRACT MAP NO. 33575
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Approve the third amendment to the Subdivision Improvement Agreement (A6730)
and the assignment and assumption of subdivision agreement by and among RREF II-
DD Cameron, LLC, a California limited liability company, Toll West Inc. a Delaware
corporation, and the City of Palm Springs.
2. Adopt Resolution No. 24628 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING A
REDUCTION OF SECURITIES REQUIRED BY THE SUBDIVISION
IMPROVEMENT AGREEMENT (A6730) FOR TRACT MAP NO. 33575, FOR
PROPERTY LOCATED AT THE NORTHEAST CORNER OF SOUTH PALM
CANYON DRIVE AND MESQUITE AVENUE, IN SECTION 23, TOWNSHIP 4
SOUTH, RANGE 4 EAST.”
3. Authorize the City Manager to execute all necessary documents.
H. AUTHORIZE AN INCREASE IN THE AMOUNT OF $128,320 TO PURCHASE
ORDER 18-0656 ISSUED TO WILDAN GROUP, INC. A DELAWARE
CORPORATION FOR THE CONSTRUCTION MANAGEMENT AND
INSPECTION SERVICES, FOR THE POLICE DEPARTMENT REMODEL
REBID, CITY PROJECT NO 15-05
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Authorize an increase in the amount of $128,320 to Purchase Order 18-0656 for
Construction Management and Inspection Services with Wildan Group, Inc., a
Delaware corporation for a revised total contract amount of $258,455 for the
completion of the Police Department Remodel Rebid, City Project No. 15-05.
2. Authorize the City Manager to execute all necessary documents.
City Council Minutes June 19, 2019
City of Palm Springs Page 8
I. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID MUNICIPAL COMPLEX COGENERATION PLANT
RETROFIT FOR COOLING UNITS, CITY PROJECT 18-16
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Approve the plans, specifications and estimate; and authorize staff to advertise and
solicit bids for the Municipal Complex Cogeneration Plant Retrofit for Cooling Units,
City Project No. 18-16.
2. Authorized the City Manager to award a construction contract to the lowest responsive
and responsible bidder, subject to ratification at the September 18, 2019, City Council
meeting.
3. Authorize the City Manager to execute all necessary documents.
J. APPROVAL OF AN EASEMENT AGREEMENT WITH DTPS A-14, LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY, FOR A PUBLIC ELEVATOR
LOCATED WITHIN THE COMMERCIAL BUILDING ON BLOCK A OF THE
DOWNTOWN PALM SPRINGS SPECIFIC PLAN; AND APPROVAL OF AN
EASEMENT AGREEMENT WITH PALM SPRINGS PROMENADE, LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY, FOR A PUBLIC ELEVATOR
LOCATED ON BLOCK D OF THE DOWNTOWN PALM SPRINGS SPECIFIC
PLAN
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Approve an Easement Agreement with DTPS A-14, LLC, a California limited liability
company, for a public elevator located within the commercial building located on Block
A of the Downtown Palm Springs Specific Plan.
2. Approve an Easement Agreement with Palm Springs Promenade, LLC, a California
limited liability company, for a public elevator located within the vacant parcel on
Block D of the Downtown Palm Springs Specific Plan.
3. Authorize the City Manager to execute the Easement Agreements.
K. APPOINTMENTS TO THE AIRPORT COMMISSION
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to appoint Gerald Adams, Todd Burke, and David Feltman
to the Airport Commission for terms ending June 30, 2022.
City Council Minutes June 19, 2019
City of Palm Springs Page 9
L. RESOLUTION DECLARING SUPPORT FOR A COMPREHENSIVE ANALYSIS
OF ALL WATER IMPORT ALTERNATIVES AS PART OF THE LONG TERM
SOLUTION FOR THE SALTON SEA
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24629 entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING ITS SUPPORT FOR A COMPREHENSIVE ANALYSIS OF ALL
WATER IMPORT ALTERNATIVES AS PART OF THE LONG TERM SOLUTION
FOR THE SALTON SEA.”
M. APPROVE LOCATION FOR PLACEMENT OF “FINDING OUR WAY”
ARTWORK BY SCOTT FROSCHAUER IN THE CITY RIGHT OF WAY AT THE
SOUTHWEST CORNER OF PALM CANYON AND MUSEUM WAY IN
DOWNTOWN PALM SPRINGS
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Approve placement of the public art piece “Finding Our Way” by Scott Froschauer at
the southwest corner of North Palm Canyon Drive and Museum Way in a landscaped
area within the City’s public right of way with the exact location to be determined by
the City Engineer.
2. Authorize the City Manager to execute all necessary documents to facilitate the
installation of the artwork.
N. SECOND READING AND ADOPTION OF ORDINANCE NO. 1992, AMENDING
PALM SPRINGS ZONING CODE SECTION 93.23.07 RELATIVE TO THE
HEIGHT AND SETBACK STANDARDS FOR COMMERCIAL WIND ENERGY
CONVERSION SYSTEMS (WECS) (CASE 5.1469 ZTA)
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to adopt Ordinance No. 1992 entitled “AN ORDINANCE
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS
ZONE CODE SECTION 93.23.07 FOR THE DEVELOPMENT STANDARDS FOR
COMMERCIAL WIND ENERGY CONVERSION SYSTEMS (WECS) RELATIVE TO
TOWER HEIGHTS AND ADJUSTMENTS TO SETBACKS (CASE 5.1469 ZTA).”
City Council Minutes June 19, 2019
City of Palm Springs Page 10
O. SECOND READING AND ADOPTION OF ORDINANCE NO. 1995, AMENDING
CHAPTER 2.40 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO
THE PERSONNEL SYSTEM, AND MAKING A CORRESPONDING
AMENDMENT TO SECTION 2.50.020 OF THE PALM SPRINGS MUNICIPAL
CODE”
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to adopt Ordinance No. 1995 “AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
CHAPTER 2.40 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE
PERSONNEL SYSTEM, AND MAKING A CORRESPONDING AMENDMENT TO
SECTION 2.50.020 OF THE PALM SPRINGS MUNICIPAL CODE.”
P. SECOND READING AND ADOPTION OF ORDINANCE NO. 1993,
AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO.
20 TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY
SERVICES)
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to adopt Ordinance No. 1993 entitled “AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES
DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY IDENTIFIED AS
ANNEXATION NO. 20, CANYON VIEW, TRACT MAP NO. 36969, INTO
COMMUNITY FACILITIES DISTRICT NO. 2005-1, (PUBLIC SAFETY SERVICES).”
Q. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE
MONTH OF MAY 2019
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to receive and file the report of Staff Authorized
Agreements and Purchase Orders for the period of May 1 through May 31, 2019.
R. DECISIONS OF THE ADMINISTRATIVE APPEALS BOARD FOR HEARINGS
HELD ON MAY 8, 2019
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to receive and file the Administrative Appeals Board
summary for hearings held on May 8, 2019.
S. TREASURER’S INVESTMENT REPORT AS OF MARCH 31, 2019
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to receive and file Treasurer’s Investment Report as of
March 31, 2019.
City Council Minutes June 19, 2019
City of Palm Springs Page 11
T. REQUEST BY MAYORS AGAINST LGBTQ DISCRIMINATION TO JOIN IN AN
AMICUS CURIAE BRIEF BEFORE THE U.S. SUPREME COURT IN THREE
TITLE VII CASES—R.G. & G.R. HARRIS FUNERAL HOMES INC. V. EEOC &
AIMEE STEPHENS; ALTITUDE EXPRESS INC. V. ZARDA; AND BOSTOCK V.
CLAYTON COUNTY
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Approve the City of Palm Springs joining as amicus curiae briefs before the United
States Supreme Court in the following cases: R.G.& G.R. Harris Funeral Homes Inc.
v. EEOC & Aimee Stephens; Altitude Express Inc. v. Zarda; and Bostock v. Clayton
County.
2. Authorize the City Attorney to sign such briefs on behalf of the City of Palm Springs.
U. LEAGUE OF CALIFORNIA CITIES VOTING DELEGATE AND ALTERNATE
VOTING DELEGATE
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to confirm the appointment of Mayor Robert Moon as the
Voting Delegate and Councilmember Lisa Middleton as the Alternate Voting Delegate for
the League of California Cities Annual Business Meeting in Long Beach on
October 18, 2019.
EXCLUDED CONSENT CALENDAR:
E. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID THE 2019 PAVEMENT REHABILITATION, CITY
PROJECT NO. 19-01
Councilmember Holstege announced that a proposed street improvement is located in close
proximity to her residence and recused herself from deliberations.
Following discussion, MOTION BY MAYOR PRO TEM KORS, SECOND BY
COUNCILMEMBER ROBERTS, CARRIED 4-0 (COUNCILMEMBER HOLSTEGE
RECUSED), to direct staff to consolidate two years of street pavement rehabilitation
projects and return to City Council.
City Council Minutes June 19, 2019
City of Palm Springs Page 12
2. PUBLIC HEARINGS:
A. FILING OF NUISANCE ABATEMENT RESOLUTIONS REPORTS FOR THREE
PUBLIC NUISANCES
Police Lieutenant Villegas presented the staff report.
Mayor Moon opened and closed the Public Hearing, there being no one desiring to speak.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 4-0 (MAYOR PRO TEM KORS ABSENT), to:
1. Adopt Resolution No. 24630 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS CONFIRMING THE REPORT OF
PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE
ABATEMENT LIEN FOR THE PROPERTY LOCATED AT 874 EAST MESQUITE
AVENUE."
2. Adopt Resolution No. 24631 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS CONFIRMING THE REPORT OF
PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE
ABATEMENT LIEN FOR THE PROPERTY LOCATED AT 2185 NORTH
JUNIPERO AVENUE."
3. Adopt Resolution No. 24632 entitled. "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS CONFIRMING THE REPORT OF
PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE
ABATEMENT LIEN FOR THE PROPERTY LOCATED AT 2732 NORTH
CARDILLO AVENUE."
4. Authorize and direct the City Manager, or his designee, to serve notice of and record a
lien against the Subject Properties if said costs are not paid.
B. AN APPLICATION BY THE PALM SPRINGS PRESERVATION FOUNDATION
(“PSPF”) REQUESTING CLASS 1 HISTORIC RESOURCE DESIGNATION OF
“THE AVERY FIELD CABIN RUINS” LOCATED ON A 1.56-ACRE PARCEL AT
THE WESTERN TERMINUS OF SANTA ROSA DRIVE, (APN# 513-193-001),
CASE HSPB #114. (KL)
Director of Planning Services Fagg narrated a PowerPoint presentation and responded to
City Council inquiries.
Mayor Moon opened the Public Hearing.
Jim Franklin, representing the Applicant, advised the cabin ruins sit upon land which is not
buildable; stated that the Applicant supports the proposal and will maintain the ruins to the
best of his ability.
City Council Minutes June 19, 2019
City of Palm Springs Page 13
There being no others desiring to speak, Mayor Moon closed the Public Hearing.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 4-0 (MAYOR PRO TEM KORS ABSENT), to adopt Resolution
No. 24633 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DESIGNATING 'THE AVERY FIELD CABIN
RUINS' LOCATED ON A 1.56-ACRE PARCEL AT THE WESTERN TERMINUS OF
SANTA ROSA DRIVE AS A CLASS 1 HISTORIC RESOURCE, SUBJECT TO
CONDITIONS (APN 513-193-001).”
C. JOHNSTON FAMILY TRUST, (DBA: COLONY 29) FOR A GENERAL PLAN
AMENDMENT TO CHANGE THE LAND USE DESIGNATION FROM ESTATE
RESIDENTIAL (ER) TO MEDIUM DENSITY RESIDENTAL (MDR) FOR A
PORTION OF THE PROPERTY; ADOPTION OF A NEGATIVE DECLARATION
PER CEQA; AND A CONDITIONAL USE PERMIT TO ALLOW THE SITE TO
OPERATE AS A SIX (6) UNIT HOTEL WITH KITCHENS LOCATED AT 137
SOUTH TAHQUITZ DRIVE, ZONE R-3 (CASE 5.1426 GPA & CUP)
Director of Planning Services Fagg narrated a PowerPoint presentation and responded to
City Council inquiries.
Mayor Moon opened the Public Hearing.
Kelly McLean, Applicant, advised that she has operated the property for seven years and
has implemented best practices which mirror the Conditions of Approval; noted that the
Planning Commission unanimously approved the recommendation and urged the City
Council to approve the proposal.
David Barron, urged the City Council to support the recommendation; suggested that the
proposed Conditions of Approval could serve as a model for sound attenuation.
There being no others desiring to speak, Mayor Moon closed the Public Hearing.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 4-0 (MAYOR PRO TEM KORS ABSENT), to adopt Resolution
No. 24634 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA APPROVING A GENERAL PLAN AMENDMENT
TO CHANGE THE LAND USE DESIGNATION FROM ESTATE RESIDENTIAL (ER)
TO MEDIUM DENSITY RESIDENTAL (MDR) FOR A PORTION OF THE
PROPERTY; ADOPTION OF A NEGATIVE DECLARATION PER CEQA; AND A
CONDITIONAL USE PERMIT TO ALLOW THE SITE TO OPERATE AS A SIX (6)
UNIT HOTEL WITH KITCHENS LOCATED AT 137 SOUTH TAHQUITZ DRIVE,
ZONE R-3, APN 513-580-082,” with a modification to the Condition of Approvals to refer
to the Municipal Code Section related to noise regulations instead of listing specific decibel
levels.
City Council Minutes June 19, 2019
City of Palm Springs Page 14
D. CONTINUED PUBLIC HEARING AND ADOPTION OF THE FISCAL YEAR
2019-2020 AND FISCAL YEAR 2020-21 BUDGET, PALM SPRINGS
COMMUNITY REDEVELOPMENT SUCCESSOR AGENCY ADMINISTRATIVE
BUDGET, APPROPRIATIONS LIMIT AND ALLOCATED POSITIONS AND
COMPENSATION PLAN
Director of Finance and Treasurer Pauley narrated a PowerPoint presentation and
responded to City Council inquiries.
Mayor Pro Tem Kors advised that he does not support funding reductions to the Program
Grants and Sponsorships Program; recommended that the City Council reconsider its
phasing-in of the User Fee increases, suggesting that development projects which include
affordable housing should receive a fee waiver in proportion to the number of proposed
affordable housing units.
Mayor Moon opened and closed the Public Hearing, there being no one desiring to speak.
In response to City Council inquiry, City Manager Ready recommended reducing the
transfer to the Capital Projects Fund by $500,000, noting that it is unlikely that staff could
expend all of the funds in a single fiscal year.
Councilmember Holstege noted that the City is making a significant change to full cost
recovery related to User Fee, voicing support for the phase-in model the City Council
previously adopted; expressed support for evaluating a policy to waive fees to incentivize
development of desirable housing developments.
Mayor Moon noted that the City Council will need to address rapid increases in retiree
pension liabilities and deferred facility maintenance in future budgets.
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Direct staff to implement the staff recommended cost saving measures, with the exception
of cuts to the Grants and Sponsorships, and to authorize the City Manager full discretion
to strategically defer hiring of positions.
2. Direct staff to re-agendize consideration of the Public Hearing related to User Fees and
Charges for the City Council meeting of July 10, 2019.
3. Adopt Resolution No. 24635 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE
ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR
2019-20 AND FISCAL YEAR 2020-21.”
(City Council action continued on the next page)
City Council Minutes June 19, 2019
City of Palm Springs Page 15
4. Adopt Resolution No. 24636 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE BUDGET
FOR FISCAL YEAR 2019-20 and FISCAL YEAR 2020-21 AND OTHER SUCH
MATTERS AS REQUIRED.”
5. Adopt Resolution No. 24637 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS
CAPACITY AS THE SUCCESSOR AGENCY TO THE CITY OF PALM SPRINGS
COMMUNITY REDEVELOPMENT SUCCESSOR AGENCY, APPROVING THE
SUCCESSOR AGENCY BUDGET FOR FISCAL YEAR 2019-20, AND OTHER
SUCH MATTERS AS REQUIRED."
6. Adopt Resolution No. 24638 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN
APPROPRIATIONS LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2020.”
7. Direct the City Manager and Director of Finance and Treasurer to make the appropriate
modifications to the Budget and prepare the final budget document for Fiscal Year
2019-20 and Fiscal Year 2020-21.
2B. DISCUSSION ITEMS:
A. PROPOSED SETTLEMENT OF CITY’S POTENTIAL GOVERNMENT CODE
SECTION 1090 CLAIMS AGAINST PALM SPRINGS PROMENADE, LLC,
INCLUSIVE OF GRIT DEVELOPMENT LLC, (SUCCESSOR TO JOHN
WESSMAN/WESSMAN HOLDINGS), IN CONNECTION WITH
REDEVELOPMENT OF THE DESERT FASHION PLAZA (THE DOWNTOWN
PALM SPRINGS PROJECT), AND AGAINST DAKOTA PS, LLC, IN
CONNECTION WITH THE DAKOTA PROJECT
City Manager Ready and City Attorney Ballinger narrated a PowerPoint presentation and
responded to City Council inquiries.
In response to City Council inquiries, Special Counsel Schons advised that the criminal
case against John Wessman and others could another take 4-5 years to resolve; advised that
the City Council would need to pursue civil litigation, if a settlement is not reached; noted
that the civil case would like be suspended pending resolution of the criminal case and that
the Judge would likely order mediation; advised that the criminal court could impose
restitution to the City, but may not impose the 1090 claw back provisions.
Councilmember Kors noted that the proposed settlement deal points favor the City, noting
that if the City Council were to pursue civil litigation and lost, the City would receive
nothing; summarized additional deal points for consideration and requested that staff
continue to negotiate with all parties.
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City of Palm Springs Page 16
Councilmember Middleton noted that the transfer of the Crescendo and Boulder properties
would allow the City Council to preserve the lands as open space; noted that pursuing civil
litigation and imposing of the claw back provisions would negatively impact the
Downtown Project and could result in the closure of the Rowen Hotel and retail shops;
suggested that staff negotiate the possible transfer of the parcel located adjacent to Rim
Rock leading into Palm Hills area.
Councilmember Roberts voiced support for pursuing a settlement agreement; noted that
staff should conduct an independent property appraisal to ensure that the valuations are not
over inflated; suggested that consideration of transferring the parcel adjacent to the
Welwood Murray Memorial Library and the Town and Country Center should be
negotiated.
Councilmember Holstege urged residents to provide feedback on the proposed settl ement
deal points; noted that imposition of the clawing back provisions would destroy the
progress made through the Downtown Project and associated retail stores; voiced support
for the preservation of the Crescendo and Boulder properties.
Mayor Moon requested that staff proceed with negotiations and attempt to resolve the
matter before December 2019.
The City Council agreed that all options related to renovating or relocating the Library
should continue to be evaluated.
MEETING RECESS
The City Council recessed at 9:10 p.m. and reconvened at 9:23 p.m.
B. CONTINUE DISCUSSION OF OPTIONS FOR DOCKLESS MICRO-MOBILITY
DEVICES SUCH AS ELECTRIC SCOOTERS AND DOCKLESS BICYCLES IN
THE CITY OF PALM SPRINGS BASED ON RESULTS OF RECENT REQUEST
FOR INFORMATION
Sustainability Manager Tallarico narrated a PowerPoint presentation and responded to City
Council inquiries.
Mayor Moon voiced concerns that e-scooters would have negative impacts on residential
neighborhoods, police and code enforcement resources, and pedestrian and rider safety.
Councilmember Roberts spoke on his experience witnessing e-scooter riders in Venice
Beach, noting that broken scooters litter the street and riders often injure themselves;
voiced support for allowing docked bicycles; suggested that consideration of allowing
e-scooters in Palm Springs be tabled until technology advances and safety features such as
helmets are addressed.
In response to City Council inquiry, Police Chief Reyes opined that he is concerned with
rider safety in the evening hours, noting that there may not be sufficient street lighting to
ensure that drivers will see the riders.
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City of Palm Springs Page 17
Councilmember Middleton voiced concern regarding e-scooter rider safety, noting that
most visitors leave Palm Springs with positive memories, but that riders and pedestrians
experiencing injuries may be reluctant to visit in the future.
Councilmember Holstege noted that the City receive numerous letters of support for
allowing e-scooters; opined that the Request for Information did not solicit enough
information and suggested that the City Council authorize a Request for Proposals for
docked and dockless bicycles and e-bicycles to be evaluated by the Business Retention
Standing Subcommittee.
By consensus, the City Council referred consideration of issuing a Request for Proposals
for docked and dockless bicycles and e-bicycles to the City Council Business Retention
Standing Subcommittee.
C. DISCUSSION OF POTENTIAL BAN ON PLASTIC STRAWS AND OTHER
PLASTIC AND POLYSTYRENE-COMPOSED PACKAGING BY FOOD
SERVICE FACILITIES WHEN PROVIDING PREPARED FOODS FOR ON-SITE
OR TAKE-AWAY CONSUMPTION
Sustainability Manager Tallarico narrated a PowerPoint presentation and responded to City
Council inquiries.
By consensus, the City Council directed staff to bring forward an ordinance to ban plastic
straws and other plastic and polystyrene-compose packaging in a phased-in approach.
D. CITY OF PALM SPRINGS TO CONSIDER AMENDING THE PALM SPRINGS
ZONING CODE TO ESTABLISH A PROCESS AND DEVELOPMENT
STANDARDS RELATED TO THE REDEVELOPMENT OF GOLF COURSES TO
OTHER USES (CASE 5.1444 ZTA
Associate Planner Newell narrated a PowerPoint presentation and responded to City
Council inquiries.
Mayor Moon noted that City Attorney Ballinger has reviewed that Land Use Agreement
with the Agua Caliente Band of Cahuilla Indians (ACBCI), noting that allottee trust land
would be subject to the proposed ordinance; noted that the ACBCI has the authority to
override the ordinance applicability to allottee trust land.
Councilmember Roberts voiced concern that the proposed ordinance would give residents
a false sense of security that golf courses cannot be converted into another use; pointed out
that a future City Council could amend or rescind the ordinance.
Councilmember Middleton voiced support for presenting the proposed ordinance at a
future Public Hearing; requested that staff research whether there was a density transfer
related to the housing development surrounding Mesquite Golf Course, which may impact
its ability to be converted to another use.
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Councilmember Holstege and Mayor Moon voiced concern that if the City Council does
not provide a mechanism to allow for underperforming Golf Courses to be converted to
another use, the City Council will need to address blighted conditions caused by fallow
golf courses.
By consensus, the City Council directed staff to schedule a Public Hearing to consider the
proposed Golf Course Conversion Ordinance.
3. LEGISLATIVE:
A. INTRODUCE AN ORDINANCE TO ADD SECTION 2.06.040 TO THE PALM
SPRINGS MUNICIPAL CODE RELATING TO THE SUSPENSION OF BOARD
AND COMMISSION MEMBERS FOR FAILURE TO FILE MANDATORY
PUBLIC DISCLOSURE REPORTS
City Clerk Mejia presented the staff report.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 4-0 (MAYOR PRO TEM KORS ABSENT), to introduce
Ordinance No. 1996 entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 2.06.040 TO THE
PALM SPRINGS MUNICIPAL CODE SECTION RELATING TO THE SUSPENSION
OF BOARDS AND COMMISSION MEMBERS FOR FAILURE TO FILE
MANDATORY PUBLIC DISCLOSURE REPORTS.”
B. INTRODUCE AN ORDINANCE TO AMEND THE PALM SPRINGS MUNICIPAL
CODE RELATING TO THE PUBLIC ARTS COMMISSION
The City Council directed staff to submit this matter to the Public Arts Commission for
their recommendation.
C. INTRODUCTION OF AN ORDINANCE, ENTITLED “AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTIONS 14.26.020 AND 14.26.040 OF CHAPTER 14.26 OF TITLE
14 OF THE PALM SPRINGS MUNICIPAL CODE, REGARDING STANDARDS
FOR NEWSRACKS IN THE UPTOWN AND DOWNTOWN PALM SPRINGS
AREA”
The City Council directed staff that no advertisements should be sold for the backside of
the newsracks.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 4-0 (MAYOR PRO TEM KORS ABSENT), to introduce
Ordinance No. 1997 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 14.26.020 AND
14.26.040 OF THE PALM SPRINGS MUNICIPAL CODE, REGARDING
STANDARDS FOR NEWSRACKS IN THE UPTOWN AND DOWNTOWN PALM
SPRINGS AREA."
City Council Minutes June 19, 2019
City of Palm Springs Page 19
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
A. BONAVENTO, LLC (DBA: KALEAFA) REQUESTING AN ADMINISTRATIVE
MINOR MODIFICATION (AMM) SEEKING RELIEF FROM MINIMUM
SEPERATION DISTANCE REQUIREMENTS FOR A CANNABIS DISPENSORY
AND LOUNGE LOCATED AT 671-675 NORTH PALM CANYON DRIVE, ZONE
C-1, (CASE 7.1580 AMM)
This Item was deleted from the agenda.
B. 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
This Item was deleted from the agenda.
C. URGENCY ITEM – AUTHORIZATION TO ISSUE A LETTER TO GOVERNOR
NEWSOM REQUESTING EMERGENCY FUNDING SUPPORT FOR SUMMER
COOLING CENTERS
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 4-0 (MAYOR PRO TEM KORS ABSENT), to authorize the
issuance of a letter to Governor Newsom requesting emergency funding support for
summer cooling centers.
PUBLIC COMMENT:
Scott Myer, suggested that Tramview Road should be renamed to Martin Luther King Boulevard.
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT:
Councilmember Middleton requested that staff agendize consideration of Assembly Bill 1112 and
Senate Bill 1124 for the next City Council meeting; requested that staff evaluation Senate Bill
1413 and its applicability to the City.
City Council requested that the State of the City be rescheduled to a date in which all
Councilmember can be present.
Councilmember Holstege requested that staff determine if the City Council meeting of July 10, 2019,
can be rescheduled to a date in which all Councilmember can be present.
The City Council agreed to appoint Councilmembers Holstege and Middleton to interview
applicants for the Measure J Oversight Commission and Councilmember Roberts and Mayor
Moon to interview applicants for the Historic Site Preservation Board.
City Council Minutes June 19, 2019
City of Palm Springs Page 20
ADJOURNMENT:
The City Council adjourned at 11:26 p.m.
Respectfully submitted,
Anthony J. Mejia, MMC
City Clerk
APPROVED BY CITY COUNCIL: 07/10/2019