HomeMy WebLinkAbout2019-06-05 CC MINUTESWednesday, June 5, 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 5, 2019, at 6:10 p.m., in the Council Chamber, City Hall, located at
3200 E. Tahquitz Canyon Way, Palm Springs, California.
PLEDGE OF ALLEGIANCE:
Boy Scouts Troop 262 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.
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:
Councilmember Roberts invited the community to attend a press conference to accept a $50,000
donation from the Palm Springs Preservation Foundation for the restoration of the Plaza Theater.
City Manager Ready and Information Technology Director Brown announced the launch of a new
City mobile application.
ACCEPTANCE OF THE AGENDA:
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM KORS,
CARRIED 5-0, to accept the agenda, with Item No. 5A continued to a meeting in July 2019.
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of June 5, 2019, was called to order by Mayor
Moon at 4:00 p.m., with all members present, except Councilmember Middleton who arrived
during the Closed Session.
Rich Tarpening, KESQ, summarized the media’s procedures when accessing the Eastern Riverside
Interoperability Communications Authority (ERICA) radio system and urged the City Council to
restore access to the media.
City Council Minutes June 5, 2019
City of Palm Springs Page 2
Dan Adams, NBC Palm Springs, stressed the importance for local media to have access to the
ERICA radio system to obtain information about emergency and late breaking incidents; spoke on
his experience with the Loma Prieta earthquake and the importance of the media being able to
report information to the residents.
Rebecca Johnson, KESQ, urged the City Council to restore media access to dispatch radios to
ensure they can disseminate emergency information to residents.
City Attorney Ballinger requested that the City Council add two Closed Session Items to the agenda,
noting that there is a need to immediately discuss, and possibly provide direction to staff, and that the
need for action came to the attention of the City subsequent to the posting of the agenda.
On a motion by Mayor Pro Tem Kors, seconded by Councilmember Roberts, carried 4 -0
(Councilmember Middleton absent), the City Council added the following Closed Session Items
to the agenda:
Property Address/Description: Former Boxing Club Property, 225 S. El Cielo Road
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or designee
Negotiating Parties: Rob Field, County of Riverside EDA
Under Negotiation: Price and Terms
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
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):
Marilyn Aronson v. City of Palm Springs, Mariposa Landscape
Case No. PSC1902825, Superior Court of the State of California, County of Riverside
Anne Pomije v. Palm Springs
Case No. PSC1902858, Superior Court of the State of California, County of Riverside
City of Palm Springs v. O&M (Prairie Schooner)
Case No. PSC1701804, Superior Court of the State of California, County of Riverside
Maria Marin Orellana v. City of Palm Springs et al
Case No. PSC 1902500, Superior Court of the State of California, County of Riverside
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CONFERENCE WITH LEGAL COUNSEL – EXPOSURE TO LITIGATION, Pursuant to
Government Code Section 54956.9(d)(2):
Nine (9) 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 three (3) 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: 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)
Property Address/Description: 538 North Palm Canyon Drive, Palm Springs
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: W. Layne, President
Palm Canyon Theatre
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: 550 North Palm Canyon Drive, Palm Springs
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: Jonathan Cassie, President
Desert Arts Center
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.
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PUBLIC TESTIMONY:
Richard Noble, spoke on the importance of addressing climate change and challenged the City
Council to adopt an electricity portfolio of 100% renewable energy.
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS:
Mayor Pro Tem Kors reported on the activities of the Public Integrity and Affordance Housing
and Homelessness Standing Subcommittees; noted that a letter executed by the City Council was
sent to the Riverside County Board of Supervisors calling for action to address homelessness;
advised that the Cannabis Subcommittee will discuss potential ordinance modifications at an
upcoming stakeholders meeting in July 2019.
Councilmember Middleton announced that she will be a member of the Zero Traffic Fatalities
Task Force established under Assembly Bill 2363.
Councilmember Holstege reported on the activities of the Business Retention Standing
Subcommittee; spoke on the success of Riverside’s One Stop Shop model for business permits,
recommending that the City Council and staff tour Riverside’s permit center; requested that
consideration of a resolution related to the Salton Sea be agendized for the City Council meeting
of June 19, 2019.
Mayor Moon requested that the Historic Site Preservation Board consider designating Promontory
Point and Club House on the O’Donnell Golf Course as Class 1 Historic Sites.
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to approve the consent calendar.
A. ACCEPT THE RESIGNATION OF TRENT PACE FROM THE PARKS AND
RECREATION COMMISSION FOR THE TERM ENDING JUNE 30, 2020
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Accept with regret the resignation of Trent Pace from the Parks and Recreation
Commission.
2. Direct the City Clerk to post a notice of vacancy for the term ending June 30, 2020.
City Council Minutes June 5, 2019
City of Palm Springs Page 5
B. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS CITYWIDE STREET
LIGHTING AND PARKWAY MAINTENANCE DISTRICTS, FISCAL YEAR
2019-20
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Adopt Resolution No. 24611 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE
PREPARATION OF AND GIVING PRELIMINARY APPROVAL OF THE
ENGINEER’S REPORT REGARDING 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, TO ESTABLISH ANNUAL ASSESSMENTS AND THE LEVY AND
COLLECTION RELATED THERETO FOR FISCAL YEAR 2019-20.”
2. Adopt Resolution No. 24612 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS
INTENTION TO CONDUCT A PUBLIC HEARING ON JULY 24, 2019,
REGARDING 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 TO LEVY
AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL
YEAR 2019-20.”
C. APPROVE A CONTRACT WITH VOHNE LICHE KENNELS INC. FOR THE
PURCHASE OF POLICE CANINES, ACADEMY TRAINING, MONTHLY
MAINTENANCE TRAINING AND YEARLY CERTIFICATIONS
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Award a contract services agreement with Vohne Liche Kennels, Inc, of Denver, IN
with a location in Banning, CA for the as-needed acquisition of police canines,
academy training, monthly maintenance training, and certifications at the Unit Prices
per the agreement for a 3 year period with 2 one year optional renewals. A7096.
2. Authorize the City Manager to execute all necessary documents.
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D. AUTHORIZE A PURCHASE ORDER WITH MWH CONSTRUCTORS, INC.,
FOR SEWER DESIGN AND CONSTRUCTION SUPPORT SERVICES TO
COMPLY WITH REGIONAL BOARD ORDER R7-2017-0013, AND INCREASE
IN PURCHASE ORDER FOR BOGERT TRAIL SEWER LIFT STATION, CP 18-
18
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Authorize a Purchase Order in an amount not to exceed $100,000 with the City’s
“on-call” professional consulting services firm MWH Constructors, Inc., pursuant to
Agreement No. A6687, for hydrogeological support service for the construction of
groundwater monitoring wells.
2. Authorize an increase to the Purchase Order No. 19-0946 for the Bogert Trail Sewer
Lift Station design in an amount not to exceed $15,500, for a change in their scope of
services to accommodate a dry well system.
3. Authorize the City Manager to execute all necessary documents.
E. PROPOSED ORDINANCE AMENDING THE PALM SPRINGS MUNICIPAL
CODE RELATED TO THE “PLACING OF WASTE AND RECYCLABLES IN
STREET”
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to adopt Ordinance No. 1990 entitled “AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA,
AMENDING SECTION 6.04.110 OF THE PALM SPRINGS MUNICIPAL CODE
RELATING TO THE “PLACING OF WASTE AND RECYCLABLES IN STREET.”
F. PROPOSED ORDINANCE AMENDING THE PALM SPRINGS MUNICIPAL
CODE REGARDING NONCONSENSUAL TOW FEES
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to adopt Ordinance No. 1991 entitled “AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 11.82.070(b) OF THE PALM SPRINGS MUNICIPAL CODE,
REGARDING NONCONSENSUAL TOW FEES."
G. APPROVAL OF PARCEL MAP 37570
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 24613 entitled “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
PARCEL MAP 37570, FOR PROPERTY LOCATED AT 2584 ANZA TRAIL, IN
SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST.”
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City of Palm Springs Page 7
H. APPOINTMENTS TO THE PUBLIC ARTS COMMISSION
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Re-appoint Melanie Brenner to the Public Arts Commission for a term ending
June 30, 2022.
2. Re-appoint Ann Sheffer to the Public Arts Commission for a term ending
June 30, 2021.
I. APPROVAL OF FIVE (5) PROFESSIONAL SERVICES AGREEMENTS FOR
ON-CALL ENVIRONMENTAL ASSESSMENT (CEQA) SERVICES
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Approve an agreement with LSA Associates Inc., for on-call environmental assessment
(CEQA) services for an initial three (3) year term, subject to two (2) additional one (1)
year extensions approved at the discretion of the City. A7097.
2. Approve an Agreement with Michael Baker International, for on-call environmental
assessment (CEQA) services for an initial three (3) year term, subject to two (2)
additional one (1) year extensions approved at the discretion of the City. A7098.
3. Approve an Agreement with Rincon Consultants Inc., for on-call environmental
assessment (CEQA) services for an initial three (3) year term, subject to two (2)
additional one (1) year extensions approved at the discretion of the City. A7099.
4. Approve Agreement No. A6559 with Terra Nova Planning and Research Inc., for
on-call environmental assessment (CEQA) services for an initial three (3) year term,
subject to two (2) additional one (1) year extensions approved at the discretion of the City.
5. Approve an Agreement with The Altum Group, for on-call environmental assessment
(CEQA) services for an initial three (3) year term, subject to two (2) additional
one (1) year extensions approved at the discretion of the City. A7100.
6. Authorize the City Manager to execute all necessary documents.
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J. ACCEPT FEDERAL AVIATION ADMINISTRATION GRANT No. 3-06-0181-056-
2019 FOR FISCAL YEAR 2019-20 FUNDING OF AIRPORT PROJECTS
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Approve acceptance of Federal Aviation Administration AIP Grant
No. 3-06-0181-056-2019 in the amount of $9,624,572.
2. Authorize the City Manager to execute all necessary grant documents.
K. AWARD A CONTRACT SERVICES AGREEMENT TO WATERLINE
TECHNOLOGIES, INC., IN THE AMOUNT OF $50,000 ANNUALLY FOR POOL
CHEMICALS AT THE PALM SPRINGS SWIM CENTER
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Award a contract to Waterline Technologies Inc., for the delivery of Hydrochloric Acid
15% at $2.35 per gallon and Sodium Hypochlorite 12.5% at $1.21 per gallon on an
as-needed basis for an estimated amount not to exceed $50,000 annually. A7101.
2. Authorize the City Manager to execute all necessary documents.
L. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID THE CITY-WIDE SIGN REPLACEMENT
PROGRAM, CP 18-12
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to approve the plans, specifications and estimate, and
authorize staff to advertise and solicit bids for the City-Wide Sign Replacement Program,
CP 18-12.
M. AMENDMENT TO AIRPORT USE AND LEASE AGREEMENT FOR
COMMERCIAL AIRLINE TENANTS AT PALM SPRINGS INTERNATIONAL
AIRPORT
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Approve an eighteen-month extension of the current Airport Use and Lease Agreement
(AULA) commencing June 30, 2019, through December 30, 2020.
2. Authorize the City Manager to execute all necessary documents.
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N. APPROVAL OF MINUTES
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to approve the City Council Meeting Minutes of January 9,
January 23, February 6, February 13, February 20, February 28, March 6, March 20,
April 3, April 17, April 18, April 22, May 1, and May 22, 2019.
O. RESOLUTION DECLARING THE CITY COUNCIL’S COMMITMENT TO THE
RESTORATION OF THE HISTORIC PLAZA THEATER AND DEDICATING
FUTURE USE OF THE THEATER FOR THE PALM SPRINGS
INTERNATIONAL FILM FESTIVAL
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 24614 entitled “RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING THE CITY COUNCIL’S COMMITMENT TO THE RESTORATION OF
THE HISTORIC PLAZA THEATER AND DEDICATING FUTURE USE OF THE
THEATER FOR THE PALM SPRINGS INTERNATIONAL FILM FESTIVAL.”
2. PUBLIC HEARINGS:
A. RESOLUTION CONFIRMING THE REPORT OF THE PALM SPRINGS SMALL
HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT ADVISORY
BOARD, LEVYING THE FISCAL YEAR 2019-20 ASSESSMENT, AND
CONDUCT OF PROTEST PROCEEDINGS
City Clerk Mejia presented the staff report.
Mayor Moon opened the Public Hearing.
Michael Green, Chair of Small Hotel TBID, reported on the activities and successes of the
Small Hotel TBID.
There being no others desiring to speak, Mayor Moon closed the Public Hearing.
City Clerk Mejia announced that one written protest and no verbal protest were received,
and that it does not constitute a majority protest. Therefore, the City Council may proceed
with consideration of adopting the subject Resolution.
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
ROBERTS, CARRIED 5-0, to adopt Resolution No. 24615 entitled “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
CONFIRMING THE REPORT OF THE PALM SPRINGS SMALL HOTEL TOURISM
BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD AND LEVYING AN
ASSESSMENT FOR FISCAL YEAR 2019-20 IN CONNECTION WITH THE PALM
SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT.”
City Council Minutes June 5, 2019
City of Palm Springs Page 10
B. AUTHORIZE ISSUANCE OF 2019 AIRPORT PASSENGER FACILITY CHARGE
REVENUE BONDS (PALM SPRINGS INTERNATIONAL AIRPORT) AND
APPROVE RELATED DOCUMENTS AND ACTIONS
Bond Counsel Harnell presented the staff report and responded to City Council inquiries.
Mayor Moon opened and closed the Public Hearing, there being no one desiring to speak.
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Conduct the Public Hearing pursuant to Internal Revenue Code Section 147(f) to
receive testimony on the issuance of the PFC Bonds and on the nature and location of
the facilities proposed to be financed at the Palm Springs International Airport.
2. Adopt Resolution No. 24616 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE
ISSUANCE AND SALE OF NOT TO EXCEED $30,000,000 PRINCIPAL AMOUNT
OF 2019 AIRPORT PASSENGER FACILITY CHARGE REVENUE BONDS
(PALM SPRINGS INTERNATIONAL AIRPORT) TO PROVIDE FINANCING FOR
APPROVED AIRPORT PROJECTS AND APPROVING RELATED DOCUMENTS
AND ACTIONS.”
3. Authorize the City Manager to execute all necessary documents.
4. Authorize the Director of Finance and Treasurer to transfer PFC funds to the Trustee
for the early redemption of the outstanding bonds secured by PFCs.
C. KOAR PALM SPRINGS, LLC, FOR A PRELIMINARY PLANNED
DEVELOPMENT DISTRICT APPLICATION (5.1449 PDD 389); A TENTATIVE
TRACT MAP (TTM 37602); A MAJOR ARCHITECTURAL APPLICATION
(3.4105 MAJ); AND ADOPTION OF AN ADDENDUM TO A PREVIOUSLY
APPROVED MITIGATED NEGATIVE DECLARATION FOR THE
CONSTRUCTION OF A 95-UNIT, THREE (3) STORY CONDOMINIUM
BUILDING AND A 4,990-SQUARE FOOT RETAIL STRUCTURE LOCATED AT
1122 EAST TAHQUITZ CANYON WAY, ZONE REO, SECTION 14
Director of Planning Services Fagg narrated a PowerPoint presentation and responded to
City Council inquiries.
Mayor Moon opened the Public Hearing.
Loren Ostrow, Applicant, summarized his experience and qualifications, noting his desire
to develop senior housing that is welcoming to the aging LGBT community; reviewed the
project attributes and amenities; requested that the City Council consider eliminating the
Conditions of Approval related to a public drinking fountain and installation of a custom
bus shelter, or as an alternative, allow for the installation of a standard bus shelter.
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City of Palm Springs Page 11
Kathy Weremuik, urged the City Council to support the proposed development project.
Beverly Sweater, questioned whether the development will include residential elevators
and whether the proposed movie theater and bar will be open to the public.
In response to inquiry, Mr. Ostrow advised that the property will include four elevators and
that the movie theater and bar will be designated for residents only.
There being no others desiring to speak, Mayor Moon closed the Public Hearing.
During the course of discussion, the City Council commended Mr. Ostrow for the quality
of the project’s design and amenities offered to the residents; voiced support for allowing
the installation of a standard Sunline bus shelter and retaining the requirement for the
installation of a public water fountain.
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24617 entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PRELIMINARY PLANNED DEVELOPMENT DISTRICT
APPLICATION (5.1449 PDD 389); A TENTATIVE TRACT MAP (TTM 37602); A
MAJOR ARCHITECTURAL APPLICATION (3.4105 MAJ); AND ADOPTION OF AN
ADDENDUM TO A PREVIOUSLY APPROVED MITIGATED NEGATIVE
DECLARATION FOR THE CONSTRUCTION OF A 95-UNIT, THREE (3) STORY
CONDOMINIUM BUILDING AND A 4,990 -SQUARE FOOT RETAIL STRUCTURE
LOCATED AT 1122 EAST TAHQUITZ CANYON WAY, ZONE REO, SECTION 14,
APN 508-070-028,” with a modification to the Condition of Approval to allow for the
installation of a standard Sunline bus shelter.
D. ZONE TEXT AMENDMENT TO AMEND 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
Director of Planning Services Fagg presented the staff report.
Mayor Moon opened the Public Hearing.
David Freedman, voiced support for the proposed ordinance and urged the City Council to
adopt the ordinance.
There being no others desiring to speak, Mayor Moon closed the Public Hearing.
City Council Minutes June 5, 2019
City of Palm Springs Page 12
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to introduce Ordinance No. 1992 entitled “AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING PALM SPRINGS ZON ING 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).”
E. A REQUEST BY PALM SPRINGS MODERN CONSTRUCTION, ON BEHALF OF
GRIT DEVELOPMENT LLC, FOR TENTATIVE AND FINAL PARCEL MAP
APPROVAL FOR THE REVERSION TO ACREAGE OF FINAL MAP 33162 FOR
THE FORMER PEDREGAL DEVELOPMENT AT THE SOUTHWEST CORNER
OF NORTH PALM CANYON DRIVE AND TRAMWAY ROAD, ZONE R-3,
SECTION 3, CASES TPM 37673 AND PM 37673
Director of Planning Services Fagg presented the staff report.
Mayor Moon opened and closed the Public Hearing, there being no one desiring to speak.
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Adopt Resolution No. 24618 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A REQUEST
FOR THE REVERSION TO ACREAGE OF A PREVIOUSLY SUBDIVIDED
FINAL MAP 33162 FOR THE DEVELOPMENT OF A 132-UNIT CONDOMINIUM
COMPLEX AT THE PEDREGAL DEVELOPMENT LOCATED AT THE
SOUTHWEST CORNER OF NORTH PALM CANYON DRIVE AND TRAMWAY
ROAD. (CASE TPM 37673).”
2. Adopt Resolution No. 24619 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PARCEL MAP
37673, FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF NORTH
PALM CANYON DRIVE AND TRAMWAY ROAD, IN SECTION 3 TOWNSHIP 4
SOUTH, RANGE 4 EAST.”
City Council Minutes June 5, 2019
City of Palm Springs Page 13
F. CALLING AND CONDUCTING A SPECIAL ELECTION AND INTRODUCING
AN ORDINANCE AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN
ANNEXATION NO. 20 TO COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
City Clerk Mejia presented the staff report.
Mayor Moon opened and closed the Public Hearing, there being no one desiring to speak.
City Clerk Mejia conducted the election, noting that the property owner voted in favor and
that the City Council may proceed with the annexation.
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Adopt Resolution No. 24620 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING
ANNEXATION NO. 20, CANYON VIEW, TRACT MAP NO. 36969, INTO
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY
SERVICES), AUTHORIZING THE LEVY OF A SPECIAL TAX, AND
SUBMITTING THE LEVY OF A SPECIAL TAX TO QUALIFIED ELECTORS.”
2. Adopt Resolution No. 24621 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS
OF A SPECIAL ANNEXATION LANDOWNER ELECTION, DETERMIN ING
VALIDITY OF PRIOR PROCEEDINGS, AND DIRECTING THE RECORDING OF
AN AMENDMENT TO NOTICE OF SPECIAL TAX LIEN FOR ANNEXATION
NO. 20, CANYON VIEW, TRACT MAP NO. 36969, INTO COMMUNITY
FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES).”
3. Introduce 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).” City Clerk Mejia read the
ordinance by title.
City Council Minutes June 5, 2019
City of Palm Springs Page 14
G. APPROVAL OF THE CITYWIDE USER FEE STUDY / COST ALLOCATION
PLAN, AND COMPREHENSIVE FEE SCHEDULE FOR FISCAL YEAR 2019-20
Assistant City Manager Fuller presented the staff report and responded to City Council
inquiries.
Mayor Moon opened the Public Hearing.
Deborah McGarrey, Southern California Gas Company, requested that the City Council
reconsider the proposed increase for encroachment permits, noting that the Gas Company
provides the City with franchise fee payments.
Gretchen Gutierrez, Desert Valley Builders Association (DVBA), asserted that Palm
Springs will have the overall most expensive permits for a single family residential
development; requested that the City Council consider a phased-in approach to
implementing the fee increases.
Erica Harnik, DVBA, stated that increases in permit fees will be passed through to the
home buyer; urged the City Council to use discretion and reconsider imposing the fee
increases.
Damien Fussel, Riverside Building Industry Association, opined that increased permit fees
will negatively impact housing affordability and will make the area less desirable for future
developments; questioned the propriety of utilizing user fees to pay for overhead costs.
There being no others desiring to speak, Mayor Moon closed the Public Hearing.
Councilmember Roberts and Mayor Pro Tem Kors voiced their support for considering fee
waivers on a case-by-case basis, or developing criteria related to fee waivers, for
developments which include affordable housing.
Mayor Pro Tem Kors noted that developers’ complaints are typically related to the
processing time for entitlements and permits rather than development-related fees; voiced
support for the implementation of technology and process improvements to streamline the
entitlement and permit review process.
At the request of Councilmember Middleton, the City Council expressed support for her to
work with representatives of the Planning Commission, Architectural Advisory
Committee, and Building Industry Association to discuss process improvements.
Councilmember Holstege noted that she cannot support the proposed fee increases without
a phased-in approach, due to the ongoing housing crisis.
Councilmembers Holstege and Middleton, and Mayor Moon voiced support for phasing
the proposed development-related fee increases over a two year period.
City Council Minutes June 5, 2019
City of Palm Springs Page 15
In response to City Council inquiry, Assistant City Manager Fuller advised that phasing-in
of the fee increases will result in a projected deficit for Fiscal Year 2019-20 and that other
programs or services may be impacted.
Councilmember Roberts and Mayor Pro Tem Kors noted their opposition to a phased-in
approach to the development-related fee increases, noting that it will impact the City’s
proposed budget and create a blanket subsidy for all housing developments, rather than a
waiver of fees, based on the proportionate amount of affordable housing.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 3-2 (COUNCILMEMBER ROBERTS AND MAYOR PRO
TEM KORS VOTING NO), to adopt Resolution No. 24622 entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A USER FEE STUDY AND COST ALLOCATION PLAN, MODIFYING
AND APPROVING CERTAIN USER FEES AND CHARGES AND ADOPTING THE
COMPREHENSIVE FEE SCHEDULE FOR FISCAL YEAR 2019-20, AND
ESTABLISHING A POLICY FOR ADJUSTMENTS TO USER FEES AND CHARGES
COMMENCING WITH FISCAL YEAR 2020-21,” with direction to implement 50% of
the proposed development-related fees increases in Fiscal Year 2019-20 and the balance of
the fee increases and Consumer Price Index (CPI) increase in Fiscal Year 2020-21.
MEETING RECESS
The City Council recessed at 8:35p.m. and reconvened at 8:49p.m., with all members present.
H. PUBLIC HEARING AND ADOPTION OF THE FISCAL YEAR 2019-2020 AND
FISCAL YEAR 2020-21 BUDGET, ALLOCATED POSITIONS AND
COMPENSATION PLAN, PALM SPRINGS COMMUNITY REDEVELOPMENT
SUCCESSOR AGENCY ADMINISTRATIVE BUDGET, APPROPRIATIONS AND
APPROPRIATIONS LIMIT
Director of Finance and Treasurer Pauley presented the staff report and responded to City
Council inquiries.
Mayor Moon opened the Public Hearing.
Kathy Weremuik, commended staff for developing an easy to understand budget report;
expressed gratitude to the City Council for budgeting a part-time Library Assistant, noting
that the Library will be able to add additional services and programs.
Jeffrey Bernstein, voiced support for the continued funding for the Uniquely Palm Springs
initiative and additional incentive program funding as recommended by the Business
Retention Subcommittee.
Joy Brown Meredith, expressed support for the Uniquely Palm Springs and other local
business incentive programs.
City Council Minutes June 5, 2019
City of Palm Springs Page 16
Gretchen Gutierrez, Desert Valley Builders Association, voiced concern regarding the
number of new positions proposed in the budget; expressed support for automating permit
processing and implementing other cities best practices related to building permits.
There being no others desiring to speak, Mayor Moon closed the Public Hearing.
Mayor Moon voiced concern regarding increasing pension liabilities and infrastructure
maintenance.
Councilmember Roberts expressed concern that phasing-in of development-related fees
has resulted in a deficit budget; recommended that the City Council reconsider its previous
decision related to the user fees.
Councilmembers Holstege and Middleton spoke on the importance of investing and
growing the local economy to help grow the City’s revenue sources; agreed that any
proposed budget cuts should not reduce support for Public Safety.
Mayor Pro Tem Kors suggested that postponing the hiring of certain positions could result
in enough salary savings to balance the budget.
Mayor Moon questioned whether Fire Chief Nalder would support postponing the hiring
of one Fire Captain for one year.
The City Council requested that City Manager Ready propose alternative budgetary cuts
to ensure a balanced budget.
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to continue the Public Hearing to the City Council meeting
of June 19, 2019.
3. LEGISLATIVE:
A. AN URGENCY ORDINANCE AUTHORIZING AN AMENDMENT TO
CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM TO PROVIDE
SECTION 20516 (EMPLOYEES SHARING ADDITIONAL COST) OF 3% FOR
CLASSIC LOCAL FIRE MEMBERS
Councilmember Middleton noted that she serves on the CalPERS Board of Directors. City
Attorney Ballinger confirmed that Councilmember Middleton has no conflict of interest
and may participate in deliberations.
Human Resource Director Madison presented the staff report.
City Council Minutes June 5, 2019
City of Palm Springs Page 17
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
ROBERTS, CARRIED 5-0, to adopt Ordinance No. 1994 entitled “AN URGENCY
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
CALIFORNIA AUTHORIZING AN AMENDMENT TO CONTRACT BETWEEN THE
BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’
RETIREMENT SYSTEM AND THE CITY OF PALM SPRINGS.” City Clerk Mejia read
the ordinance by title.
B. INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 2.40 OF THE
PALM SPRINGS MUNICIPAL CODE, RELATING TO PERSONNEL SYSTEM,
AND MAKING A CORRESPONDING AMENDMENT TO SECTION 2.50.020 OF
THE PALM SPRINGS MUNICIPAL CODE
City Attorney Ballinger presented the staff report.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to introduce Ordinance No. 1995 entitled "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." City Clerk Mejia read the ordinance by title.
4. UNFINISHED BUSINESS:
A. CONSIDER WHETHER THE CITY OF PALM SPRINGS WILL PROCEED WITH
A 2020 LAUNCH OF THE DESERT COMMUNITY ENERGY COMMUNITY
CHOICE PROGRAM, AND DETERMINE THE DEFAULT OPTION FOR
RATEPAYERS
Sustainability Manager Tallarico presented the staff report.
Tom Kirk, Coachella Valley Association of Governments, reviewed the benefits and
greenhouse gas emission reductions by moving forward with a 2020 launch of Desert
Community Energy and a 100% carbon free default option for ratepayers.
In response to City Council inquiry, Mr. Kirk advised that residents will continue to be
eligible for solar net metering; advised that other communities retained 90% of ratepayers
in the default 100% carbon free option; noted that revenues generated from Palm Springs
ratepayers will be reserved for use in the Palm Springs community; advised that the carbon
free electricity will be purchased from multiple sources and that DCE will seek to purchase
local carbon free electricity in the future.
Councilmember Middleton stressed the importance of educating residents about the
benefits of DCE and the potential reduction in greenhouse gases.
City Council Minutes June 5, 2019
City of Palm Springs Page 18
Mayor Pro Tem Kors suggested that recipients of the City’s Grants and Sponsorship
Program distribute information about utility discount programs for eligible low income
residents.
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to support a 2020 launch of the Desert Community Energy
Community Choice Program and selecting the 100% carbon free default option for
ratepayers.
5. NEW BUSINESS:
A. PURCHASE OF NEW TRASH/RECYCLING BINS FOR THE
DOWNTOWN/UPTOWN BUSINESS DISTRICT AREAS
This item was continued to a City Council meeting in July 2019.
B. APPROVE ANNUAL INSURANCE POLICY RENEWALS FOR THE CITY’S
INSURANCE PORTFOLIO FOR FISCAL YEAR 2019-20
City Manager Ready presented the staff report; recommended that the City Council
authorize increasing earthquake insurance for City facilities from $5 million to $10 million.
Councilmember Middleton requested that staff conduct a comprehensive evaluation of
insurance coverages for catastrophic events for primary City facilities.
Mayor Pro Tem Kors noted that staff will need to account for the increase in insurance
premiums for the recommended earthquake coverage in the City’s proposed budget.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
ROBERTS, CARRIED 5-0, to adopt Resolution No. 24623 entitled “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING KEENAN & ASSOCIATES AS THE CITY’S BROKER OF RECORD,
TO PURCHASE PROPERTY LIABILITY, EXCESS EARTHQUAKE/FLOOD
LIABILITY (DIFFERENCE IN CONDITION), EXCESS LIABILITY, EXCESS
WORKERS COMPENSATION, AIRPORT OWNERS AND OPERATORS LIABILITY,
VILLAGEFEST LIABILITY, MULTI MEDIA LIABILITY, AIRCRAFT HULL
LIABILITY, CRIME/FIDELITY LIABILITY, AND CYBER LIABILITY INSURANCE
POLICIES FROM VARIOUS CARRIERS FOR POLICY YEAR 2019-20, EFFECTIVE
JULY 1, 2019,” with direction to increase the coverage for city facilities from $5 million
to $10 million.
City Council Minutes June 5, 2019
City of Palm Springs Page 19
C. DISCUSSION OF PROPOSITION 68 GRANT OPPORTUNITIES FOR THE CITY
OF PALM SPRINGS PARKS AND RECREATION DEPARTMENT
Director of Parks and Recreation Alvardo presented the staff report and responded to City
Council inquiries.
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Select the "Design and Construction of the New Whitewater Park Project" as the project
most competitive for submission under the Proposition 68 Statewide Park Development
and Community Revitalization Program.
2. Adopt Resolution No. 24624 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE
APPLICATION FOR STATEWIDE PARK DEVELOPMENT AND COMMUNITY
REVITALIZATION PROGRAM GRANT FUNDS."
3. In accordance with Section 7.04.030 of the Palm Springs Municipal Code, approve an
agreement with MVR Consulting in the amount of $48,700 for grant preparation and
coordination services related to the Proposition 68 Statewide Park Development and
Community Revitalization Program.
4. Authorize the City Manager to execute all necessary documents.
D. DISCUSSION AND DIRECTION REGARDING ASSEMBLY BILL 854,
IMPERIAL IRRIGATION DISTRICT: RETAIL ELECTRIC SERVICE
Councilmember Middleton summarized the staff report and suggested that the City Council
take a neutral position on the proposed legislation, but remain supportive of the concept
that residents receiving services should have a vote in electing representation.
Mayor Pro Tem Kors noted that Palm Springs’ residents and businesses are not impacted
by the legislation and that the City should take no position.
Councilmember Holstege opined that the City should support regional partner cities and
advocate for ratepayer representation.
The City Council took no formal action on this issue.
PUBLIC COMMENT:
Scott Myer, spoke on the need for increasing international tourism; suggested that the City adopt
a Sister City, noting that the cities of Temecula and Palm Desert participate in the Sister City
Program.
City Council Minutes June 5, 2019
City of Palm Springs Page 20
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT:
Councilmember Middleton requested that the City Manager and Chief of Police evaluate City
facilities for public and employee safety recommendations; requested that the City Council adjourn
in memory of the victims of the Virginia Beach shooting.
Mayor Pro Tem Kors requested that the City Attorney prepare amicus briefs for a case related to
Title 7. Mayor Moon requested that the staff report include background information about the
organization requesting the amicus brief.
ADJOURNMENT:
The City Council adjourned at 11:00 p.m.
Respectfully submitted,
Anthony J. Mejia, MMC
City Clerk
APPROVED BY CITY COUNCIL: 06/19/2019