HomeMy WebLinkAbout2019-05-22 CC MINUTESWednesday, May 22, 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, May 22, 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:
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.
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:
Ann Shafer, Public Arts Commission Chair, provided a summary of the projects and activities led
by the Public Arts Commission, noting that the Commission is celebrating its 30th Anniversary.
ACCEPTANCE OF THE AGENDA:
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER ROBERTS,
CARRIED 5-0, to remove Consent Calendar Item Nos. 1H, 1L, 1O, and 1S for separate discussion,
with the deletion of Item 1N from the agenda.
REPORT OF CLOSED SESSION:
The Regular and Special Closed Session of the City Council of May 22, 2019, was called to order
by Mayor Moon at 4:00 p.m., with all members present.
Allen Worthy, requested that the City Council add to the Closed Session, consideration of settling
his claim against the City.
City Council Minutes May 22, 2019
City of Palm Springs Page 2
Tom Mayer, spoke in support of Allen Worthy’s personal character; expressed concern regarding
an increase in crime.
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. City of Palm Springs
Case No. PSC1902858, Superior Court of the State of California, County of Riverside
4348 Lockwood Ave v. City of Palm Springs
Case No. RIC1703102, Superior Court of the State of California, County of Riverside
Joseph W. Sullivan v. City of Palm Springs
Case No. PSC1801928, Superior Court of the State of California, County of Riverside
Victoria Jasper v. City of Palm Springs
Case No. PSC1806120, Superior Court of the State of California, County of Riverside
Guillermo Gonzalez v. City of Palm Springs
Case No. PSC1800138, Superior Court of the State of California, County of Riverside
Haner v. City of Palm Springs
Case No. PSC 1903349, Superior Court of the State of California, County of Riverside
Ascenio v. City of Palm Springs
Case No. PSC 1807953, 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):
Five (5) 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.
City Council Minutes May 22, 2019
City of Palm Springs Page 3
CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code
Section 54956.8:
Property Address/Description: Real property located south of Garnet Ave. and
West of Indian Canyon Dr. (APN 669-100-001)
Agency: City of Palm Springs
City Negotiator: Marcus L. Fuller, Asst. City Manager/City Engineer
and Mark Easter, Deputy City Attorney
Negotiating Parties: Granite Construction Company, Garnet Solar Power
Generation Station 1, LLC
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:
Paula Auburn, speaking on Item 1L, read an article and spoke on the importance of public libraries.
Ed McBride, Chair, speaking on Item 1L, urged the City Council to support the Library Strategic
Plan and relocation or renovation of the Library building.
Kathy Weremuik, speaking on Item 1L, summarized the goals outlined in the Library Strategic
Plans, noting that a committee will need to be formed to lead the discussion on the future location
of the Library.
David Bell, speaking on Item 3B, voiced concern that the existing tow fees are too low for tow
companies to make a reasonable profit.
Dick Burkett, speaking on Item 5A, noted that several City facilities are named for historically
significant women; urged the City Council to consider naming the Downtown Park after Nelly
Coffman.
Carl Baker, speaking on Item 5A, recommended that the Downtown Park retain a significant
portion of open space to allow for community rallies and special events such as Gay Pride and
Modernism Week.
Gretchen Gutierrez, speaking on Item 5C, voiced concern that the proposed fee increases will
negatively impact the home building industry and the development of new homes.
Bruce Hoban, speaking on Item 5C, voiced opposition to the proposed fee increase for short term
vacation rental permits.
City Council Minutes May 22, 2019
City of Palm Springs Page 4
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS:
Sustainability Manager Tallarico summarized outreach efforts to the Spanish speaking community
to inform them about the new Leaf Blower Ordinance, noting that enforcement of the ordinance
will begin on June 1, 2019.
Assistant City Manager Fuller advised that staff will establish a new webpage with updated
information about the Indian Canyon two-way conversion project.
City Manager Ready advised that the Coachella Valley Mosquito and Vector Control District will
conduct local mosquito control operations on May 23-25, 2019.
Councilmember Roberts announced that a donation of $50,000 was received for the restoration of
the Plaza Theater.
Councilmember Middleton noted her attendance at the Southern California Association of
Governments Annual Conference; provided an update on the Riverside County Transportation
Commission activities and upcoming projects; requested that discussion of Assembly Bill 854 be
agendized for the next City Council meeting, noting that the Coachella Valley Association of
Governments Executive Committee will consider taking a position on the legislation.
Councilmember Holstege reported on her attendance at various regional meetings and events;
invited the community to attend the Business Retention Subcommittee meeting and the Fire
Department Fish Fry at Ruth Hardy Park.
Mayor Pro Tem Kors advised that he and Councilmember Roberts are working with the Festival
of Lights to improve the parade, noting that the parade will likely have fewer entries and begin
earlier in the evening; spoke on the success of the Harvey Milk Diversity Breakfast.
1. CONSENT CALENDAR:
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to approve the Consent Calendar, with Item Nos. 1H, 1L, 1O,
and 1S for separate discussion, with the deletion of Item No. 1N from the agenda.
A. ADMINISTRATIVE APPEALS BOARD HEARING DECISIONS
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to receive and file the Administrative Appeals Board
decisions from April 24, 2019.
City Council Minutes May 22, 2019
City of Palm Springs Page 5
B. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Adopt Resolution No. 24601 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS FOR THE PERIOD ENDED 03-23-2019 BY WARRANTS
NUMBERED 420652 AND 420669 THROUGH 420682 TOTALING $32,510.65,
CLAIMS, DEMANDS AND LIABILITY CHECKS NUMBERED 1105343
THROUGH 1105430 TOTALING $1,249,443.49, ZERO WIRE TRANSFERS FOR
$0.00, AND EIGHT ELECTRONIC ACH DEBITS OF $1,636,479.49 IN THE
AGGREGATE AMOUNT OF $2,918,433.63, DRAWN ON BANK OF AMERICA.”
2. Adopt Resolution No. 24602 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS FOR THE PERIOD ENDED 04-20-2019 BY WARRANTS
NUMBERED 420683 THROUGH 420710 TOTALING $48,445.92, CLAIMS,
DEMANDS AND LIABILITY CHECKS NUMBERED 1105431 THROUGH
1105980 TOTALING $5,396,405.96, EIGHT WIRE TRANSFERS FOR $139,613.88,
AND TWELVE ELECTRONIC ACH DEBITS OF $3,260,184.62 IN THE
AGGREGATE AMOUNT OF $8,844,650.38, DRAWN ON BANK OF AMERICA.”
C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE
MONTH OF APRIL 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 April 1 through April 30, 2019.
D. SECOND READING AND ADOPTION OF ORDINANCE NO. 1988, AMENDING
THE PALM SPRINGS MUNICIPAL CODE REVISING THE PRIMA FACIE
SPEED LIMIT ON MESQUITE AVENUE BETWEEN EL CIELO ROAD AND
VELLA ROAD
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to adopt Ordinance No. 1988 entitled “AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 12.20.020 REVISING
THE PRIMA FACIE SPEED LIMIT ON MESQUITE AVENUE BETWEEN EL CIELO
ROAD AND VELLA ROAD.”
City Council Minutes May 22, 2019
City of Palm Springs Page 6
E. SECOND READING AND ADOPTION OF ORDINANCE NO. 1989,
AUTHORIZING ISSUANCE OF AIRPORT REVENUE BONDS AND
PROVIDING FOR PROCEDURES AND TERMS
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to adopt Ordinance No. 1989 entitled “AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING THE ISSUANCE OF AIRPORT REVENUE BONDS FOR THE
PURPOSE OF FINANCING APPROVED PROJECTS AT THE PALM SPRINGS
INTERNATIONAL AIRPORT, AND PROVIDING THE PROCEDURES AND
MATERIAL TERMS FOR THE ISSUANCE OF SUCH BONDS.”
F. RESOLUTION OF INTENTION TO LEVY ASSESSMENTS FUNDING THE
PALM SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT
DISTRICT AND SETTING A TIME AND PLACE FOR THE PUBLIC HEARING
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24600 entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING ITS INTENTION TO LEVY ASSESSMENTS FUNDING THE PALM
SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT, AND
SETTING A TIME AND PLACE FOR PUBLIC HEARING.”
G. APPROVAL OF A DEPOSIT AGREEMENT TO PAY FOR CONSULTING
SERVICES FOR FORMATION OF CANYON VIEW DEVELOPMENT
COMMUNITY FACILITIES DISTRICT FOR CERTAIN DEFERRED PUBLIC
IMPROVEMENTS
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Approve a Deposit Agreement with EHOF Canyon View, LLC, a Delaware limited
liability company, relating to professional consulting costs required in the formation of
a Community Facilities District for financing of certain deferred public improvements
required for Vesting Tentative Tract Map 36969, the “Canyon View” project.
2. Authorize the City Manager to execute all necessary documents.
H. PROGRAM SUPPLEMENTAL AGREEMENT NO. M014-R1 WITH THE STATE
OF CALIFORNIA FOR USE OF REGIONAL SURFACE TRANSPORTATION
PROGRAM (RSTP) FUNDS AND NATIONAL HIGHWAY PERFORMANCE
(NHPP) FUNDS AS PART OF THE HIGHWAY BRIDGE PROGRAM (HPB) FOR
THE INDIAN CANYON DRIVE WIDENING & BRIDGE REPLACEMENT, CP 01-
11, FEDERAL-AID PROJECT NO. BRLO 5282(017)
This item was excluded from the Consent Calendar. Please refer to Page 9 of these minutes
for a summary of that action.
City Council Minutes May 22, 2019
City of Palm Springs Page 7
I. AMENDMENT NO. 6 TO PROFESSIONAL SERVICES AGREEMENT NO. A4461
WITH DOKKEN ENGINEERING, FOR ADDITIONAL RIGHT-OF-WAY SUPPORT
SERVICES FOR THE INDIAN CANYON DRIVE WIDENING & BRIDGE
REPLACEMENT, CP 01-11, FEDERAL-AID PROJECT NO. BRLO 5282(017)
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Approve Amendment No. 6 to Professional Services Agreement No. A4461, in the
amount of $190,250, for a new not to exceed amount of $1,580,850 with Dokken
Engineering.
2. Authorize the City Manager to execute all necessary documents.
J. AWARD A CONSTRUCTION CONTRACT TO KINCAID INDUSTRIES, INC., IN
THE AMOUNT OF $113,500 FOR THE DESIGN AND INSTALLATION OF A
FIRE SPRINKLER SYSTEM AT THE DEMUTH COMMUNITY CENTER AND
AUTHORIZE AMENDMENT NO. 1 TO PURCHASE ORDER 19-0614 IN THE
AMOUNT OF $20,000 TO INTERACTIVE DESIGN CORPORATION FOR THE
DEMUTH COMMUNITY CENTER LIFE SAFETY IMPROVEMENTS, CP 19-14
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Award a construction contract to Kincaid Industries, Inc., a California Corporation, in
the amount of $113,500 for the Demuth Community Center Life Safety Improvements,
CP 19-14. A7283.
2. Approve Amendment No. 1 to Purchase Order 19-0614 in the amount of $20,000 to
Interactive Design Corporation for the Demuth Community Center Life Safety
Improvements.
3. Authorize the City Manager to pay Desert Water Agency for its costs to install fire
service improvements to the Demuth Community Center in the estimated amount not
to exceed $40,000.
4. Authorize the City Manager to approve and execute construction change orders up to a
cumulative amount of $50,000 for the Demuth Community Center Life Safety
Improvements, CP 19-14.
5. Authorize the City Manager to execute all necessary documents.
K. MOTION ADOPTED BY SUSTAINABILITY COMMISSION TO REAFFIRM
COMMITMENT TO OPEN SPACE
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to receive and file the Sustainability Commission’s motion
to reaffirm commitment to Open Space.
City Council Minutes May 22, 2019
City of Palm Springs Page 8
L. PALM SPRINGS PUBLIC LIBRARY THREE-YEAR STRATEGIC PLAN
This item was excluded from the Consent Calendar. Please refer to Page 10 of these
minutes for a summary of that action.
M. AUTHORIZATION TO REDUCE SUBDIVISION IMPROVEMENT SECURITIES
FOR THE “ICON” TRACT NO. 36725
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24604 entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING A REDUCTION OF SECURITIES ASSOCIATED WITH TRACT
MAP 36725 AND AUTHORIZING REDUCTION OF SECURITIES REQUIRED BY
THE SUBDIVISION IMPROVEMENT AGREEMENT WITH FAR WEST
INDUSTRIES, A CALIFORNIA CORPORATION, FOR PROPERTY LOCATED AT
THE SOUTHEAST CORNER OF NORTH PALM CANYON AND ALVARADO
ROAD, IN SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST. A7028."
N. APPROVAL OF MINUTES
This item was deleted from the agenda.
O. CONSIDERATION OF THE 2019 CITY COUNCIL MEETING SCHEDULE
This item was excluded from the Consent Calendar. Please refer to Page 10 of these
minutes for a summary of that action.
P. ACCEPTANCE OF THE 2018 PAVEMENT REHABILITATION, CP 18-01
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Accept the public works improvement identified for the 2018 Pavement Rehabilitation
as completed in accordance with the plans and specifications, CP 18-01. A7164.
2. Authorize the City Engineer to execute and file for recordation with the Riverside
County Recorder a Notice of Completion for the 2018 Pavement Rehabilitation, City
Project No. 18-01.
City Council Minutes May 22, 2019
City of Palm Springs Page 9
Q. APPROVE AN EXTENSION OF THE SECURITY SERVICES AGREEMENT
WITH US SECURITY ASSOCIATES, INC. AN ALLIED UNIVERSAL
COMPANY, FOR UNARMED SECURITY SERVICES, NOT TO EXCEED FOUR
MONTHS, AT CITY-OWNED FACILITIES EFFECTIVE JULY 1, 2019,
THROUGH OCTOBER 31, 2019
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Approve an extension of the Unarmed Security Services Agreement with US Security
Associates, Inc., an Allied Universal Company in an amount not to exceed $115,300
for the fourth month term. A6557.
2. Authorize the City Manager to execute all necessary documents.
R. REPORT FROM THE PALM SPRINGS PUBLIC ARTS COMMISSION ON ART
EXPENDITURES AND ACTIVITIES
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to receive and file the Palm Springs Public Arts
Commission report on art expenditures and activities.
S. RESOLUTION DECLARING THE CITY COUNCIL’S COMMITMENT TO THE
RESTORATION OF HISTORIC PLAZA THEATER AND DEDICATING
FUTURE USE OF THE THEATER FOR THE PALM SPRINGS
INTERNATIONAL FILM FESTIVAL
This item was excluded from the Consent Calendar. Please refer to Page 11 of these
minutes for a summary of that action.
EXCLUDED CONSENT CALENDAR:
H. PROGRAM SUPPLEMENTAL AGREEMENT NO. M014-R1 WITH THE STATE
OF CALIFORNIA FOR USE OF REGIONAL SURFACE TRANSPORTATION
PROGRAM (RSTP) FUNDS AND NATIONAL HIGHWAY PERFORMANCE
(NHPP) FUNDS AS PART OF THE HIGHWAY BRIDGE PROGRAM (HPB) FOR
THE INDIAN CANYON DRIVE WIDENING & BRIDGE REPLACEMENT, CP 01-
11, FEDERAL-AID PROJECT NO. BRLO 5282(017)
In response to City Council inquiry, Assistant City Manager Fuller advised that the
proposed project will widen the bottleneck on Indian Canyon Drive and raise the roadway
profile, which may help address street flooding and sand closures.
City Council Minutes May 22, 2019
City of Palm Springs Page 10
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Adopt Resolution No. 24603 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM
SUPPLEMENT AGREEMENT NO. M014-R1 TO ADMINISTERING AGENCY-
STATE AGREEMENT FOR FEDERAL-AID PROJECT NO. 08-5282 WITH THE
STATE OF CALIFORNIA, IN THE AMOUNT OF $759,587 FOR USE OF
REGIONAL SURFACE TRANSPORTATION PROGRAM (RSTP) FUNDS AND
NATIONAL HIGHWAY PERFORMANCE (NHPP) FUNDS AS PART OF THE
HIGHWAY BRIDGE PROGRAM (HPB) FOR THE INDIAN CANYON DRIVE
WIDENING & BRIDGE REPLACEMENT, CP 01-11, FEDERAL AID PROJECT
NO. BRLO 5282(017).”
2. Authorize the City Manager to execute all necessary documents.
L. PALM SPRINGS PUBLIC LIBRARY THREE-YEAR STRATEGIC PLAN
Councilmembers Middleton and Holstege spoke on the need to build a new Library or
expand the existing Library; expressed their interest in serving on the Community Library
Building Committee.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to receive and file the Palm Springs Public Library
three-year strategic plan.
O. CONSIDERATION OF THE 2019 CITY COUNCIL MEETING SCHEDULE
Following discussion, the City Council agreed to cancel its meetings of July 3 and
November 20, 2019, and scheduled meetings for July 10 and 24, 2019.
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 24605 entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING THE CANCELLATION AND RESCHEDULING OF CERTAIN CITY
COUNCIL MEETINGS AND ESTABLISHING THE RESCHEDULED MEETINGS AS
REGULAR MEETINGS OF THE CITY COUNCIL,” as amended.
City Council Minutes May 22, 2019
City of Palm Springs Page 11
S. RESOLUTION DECLARING THE CITY COUNCIL’S COMMITMENT TO THE
RESTORATION OF HISTORIC PLAZA THEATER AND DEDICATING
FUTURE USE OF THE THEATER FOR THE PALM SPRINGS
INTERNATIONAL FILM FESTIVAL
Councilmember Roberts requested that staff modify the resolution to clarify that the Plaza
Theater would be reserved and dedicated for use by the Palm Springs International Film
Festival (PSIFF) during the annual festival in January; requested that staff verify whether
the PISFF intends to use the facility during the Short Film Festival.
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to continue this Item to the City Council meeting of
June 5, 2019.
2. PUBLIC HEARINGS:
A. DELINQUENT WASTE DISPOSAL CHARGES
Assistant City Manager Fuller 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.
In response to City Council inquiry, Chris Cunningham, representing Palm Springs
Disposal Services, advised that future customer notices will be translated into English and
Spanish.
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24606 entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DETERMINING CERTAIN WASTE DISPOSAL ACCOUNTS TO BE DELINQUENT
AND DIRECTING THE PLACEMENT OF THESE ACCOUNTS ON THE PROPERTY
TAX ROLLS FOR COLLECTION."
B. AMENDMENT TO THE PALM SPRINGS ZONING CODE 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 and responded to City Council
inquiries.
Mayor Moon opened the Public Hearing.
David Freedman, voiced support for the proposed ordinance, noting that the proposed
ordinance is consistent with the Sustainability Commission’s recommendation.
City Council Minutes May 22, 2019
City of Palm Springs Page 12
Joan Taylor, noted that a compromise has been reached between Mr. Noble and the Sierra
Club.
Peter Morruzi, voiced support for the proposed ordinance, noting that it addresses concerns
related to environmental review.
There being no others desiring to speak, Mayor Moon closed the Public Hearing.
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to continue the Public Hearing to June 5, 2019, and direct
the City Clerk to post a Notice of Continuance pursuant to established procedures.
C. CONSIDER REVOCATION OR MODIFICATION OF A CONDITIONAL USE
PERMIT ISSUED TO FURY INVESTMENTS, INC. FOR ZELDA’S NIGHTCLUB
LOCATED AT 611 SOUTH PALM CANYON DRIVE (CASE 5.1279 CUP)
Associate Planner Newell narrated a PowerPoint presentation and responded to City
Council inquiries.
In response to City Council inquiry, Police Captain Kovaleff advised that Mr. McCormick
has worked cooperatively with the Police Department to develop the new security plan;
summarized the new security plan protocols, noting that additional security officers will
monitor the parking lot and if any portion of the camera surveillance system is
non-operational, the nightclub will shut down immediately until fixed; opined that the
Police Department will be impacted with increased calls for service if the nightclub is
reopened; opined that this particular nightclub poses a greater threat to police officer safety
than other nightclubs, noting the large crowds and fights occurring in the parking lot.
Mayor Moon opened the Public Hearing.
Mike McCormick, Applicant, stated that he will abide by the new security plan and
improve communication with the Police Department; advised that all security personnel
will receive enhanced training and their guard cards will be available to the Police
Department at all times; noted that two security personnel will be assigned to monitor the
parking lot; reported that a new patron identification scanning system will be posted at the
entrance to detect fake identification cards and to identify anyone that was previously
banned; stated that the camera surveillance system operability will be verified daily and
replacement cameras will be kept in stock for immediate replacement; stated that there will
be a zero tolerance policy for sexual harassment, noting that all incidents will be reported
to the Police Department.
Roger Ourique, representing Metro K9 Security, advised that his company has been
contracted for a one-year minimum to address interior and exterior security; pointed out
that two uniformed officers in a patrol vehicle will be assigned to the parking lot; reviewed
specific provisions of the new security plan, noting that all security staff have complied
with state training requirements. In response to City Council inquiry, Mr. Ourique advised
that the security surveillance cameras could be configured to provide the Police
Department with remote access.
City Council Minutes May 22, 2019
City of Palm Springs Page 13
Janet Spiegal, voiced opposition to the reopening of Zelda’s nightclub; voiced support for
opening a healthy food restaurant at the existing facility.
Robert Findley, pointed out that the applicant disregarded the prior security plan for seven
years; questioned whether he will comply with the new security plan in the long-term.
Jose Martinez, Metro K9 Security employee, stated that communication between security
personnel and the Police Department will improve, noting that customer safety is the top
priority.
Mariah Hanson, questioned whether Zelda’s nightclub received more calls for service than
other similar establishments throughout the Coachella Valley; spoke in support of the
applicant and reopening of the nightclub.
There being no others desiring to speak, Mayor Moon closed the Public Hearing.
Councilmember Roberts advised that he may support reopening of the nightclub on a
probationary basis, based on the condition that the Chief of Police is authorized to
immediately shut down the nightclub for violation of the new security plan.
Mayor Moon voiced opposition to reopening the nightclub, citing concerns related to police
officer and public safety and impacts to adjacent neighborhoods.
In response to City Council inquiry, Police Chief Reyes advised that the Police Department
will conduct spot checks to ensure that the security plan is being adhered to and all
equipment is operational; stated that if the nightclub management fails to report incidents
to the Police Department, it will be deemed a violation and he is prepared to immediately
shut down the nightclub.
Councilmember Middleton voiced opposition to reopening of the nightclub, noting that a
murder occurred in the parking lot and the security personnel provided no information;
noted that reopening of the nightclub will incur additional costs and resources from the
Police Department, noting that the applicant has not indicated he is willing to pay for future
costs incurred to the City.
Councilmember Holstege voiced support for allowing the nightclub to reopen on a
probationary three (3) month basis, noting that the Police Department shall receive remote
access to the surveillance camera system, strengthening the language related to prevention
of sexual harassment, and the Chief of Police being authorized to shut down the nightclub
for violation of the security plan.
MOTION BY MAYOR MOON, SECOND BY COUNCILMEMBER MIDDLETON,
CARRIED 3-2 (COUNCILMEMBERS HOLSTEGE AND ROBERTS VOTING NO), to
adopt Resolution No. 24607 entitled “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, REVOKING A CONDITIONAL USE
PERMIT FOR THE NIGHTCLUB USE AT 611 SOUTH PALM CANYON DRIVE,
APN NO. 513-290-014, CASE 5.1279 CUP.”
City Council Minutes May 22, 2019
City of Palm Springs Page 14
MEETING RECESS:
The City Council recessed at 8:40 p.m. and reconvened at 8:52 p.m. with all members present.
D. ADOPTION OF A RESOLUTION OF NECESSITY FOR THE ACQUISITION BY
EMINENT DOMAIN OF PERMANENT RIGHT-OF-WAY EASEMENTS,
PERMANENT SLOPE EASEMENTS, AND TEMPORARY CONSTRUCTION
EASEMENTS IN A PORTION OF CERTAIN REAL PROPERTY FOR THE
CONSTRUCTION OF THE INDIAN CANYON DRIVE WIDENING & BRIDGE
REPLACEMENT, FEDERAL-AID PROJECT NO. BRLO 5282 (017) CP 01-11
Assistant City Manager Fuller presented the staff report.
City Attorney Ballinger reported on the nature and scope of the Public Hearing.
Mayor Moon opened and closed the Public Hearing, there being no one desiring to speak.
City Clerk Mejia noted the proof of mailing of the Public Hearing notice and there being
no written or verbal opposition filed with the City Clerk’s Office.
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
ROBERTS, CARRIED 5-0, to:
1. Make the following findings:
a. The public interest and necessity require the proposed project.
b. The project is planned or located in a manner that will be most compatible with the
greatest public good and the least private injury.
c. The real property to be acquired is necessary for the project.
d. The offer of just compensation has been made to the property owner.
2. Adopt Resolution No. 24608 entitled “A RESOLUTION OF NECESSITY OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FOR THE
ACQUISITION BY EMINENT DOMAIN OF PERMANENT RIGHT OF WAY
EASEMENT, PERMANENT SLOPE EASEMENT AND TEMPORARY
CONSTRUCTION EASEMENT INTERESTS IN PORTIONS OF REAL
PROPERTY LOCATED SOUTH OF GARNET AVENUE AND WEST OF INDIAN
CANYON DRIVE, MORE PARTICULARLY DESCRIBED AS ASSESSOR'S
PARCEL NO. 669-100-001, FOR THE INDIAN CANYON DRIVE WIDENING &
BRIDGE REPLACEMENT, CP 01-11, FEDERAL-AID PROJECT NO. BRLO 5282
(017), IN PALM SPRINGS, RIVERSIDE COUNTY, CALIFORNIA.”
City Council Minutes May 22, 2019
City of Palm Springs Page 15
E. CONSIDER VACATION OF A PORTION OF THE RIGHT-OF-WAY FOR
BARONA ROAD IN SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST,
S.B.M., (ENG. FILE R 19-01-2086)
Assistant City Manager Fuller presented the staff report.
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 adopt Resolution No. 24609 entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN
A PORTION OF THE PUBLIC RIGHT-OF-WAY DEDICATED FOR BARONA ROAD
LOCATED BETWEEN ANZA TRAIL AND JACARANDA ROAD, IN SECTION 25,
TOWNSHIP 4 SOUTH, RANGE 4 EAST, FILE R 19-01-2086, AND APPROVING A
DETERMINATION THAT THE ACTION IS CATEGORICALLY EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).”
F. CONSIDER VACATION OF A PORTION OF THE RIGHT-OF-WAY FOR W
PALM CANYON DRIVE AT EAST PALM CANYON DRIVE IN SECTION 26,
TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.B.M., (ENG. FILE R 18-13)
Assistant City Manager Fuller 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 5-0, to adopt Resolution No. 24610 entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN
A PORTION OF THE PUBLIC RIGHT-OF-WAY DEDICATED FOR W PALM
CANYON DRIVE LOCATED AT THE INTERSECTION OF EAST PALM CANYON
DRIVE IN SECTION 26, TOWNSHIP 4 SOUTH, RANGE 4 EAST, FILE R 18-13, AND
APPROVING A DETERMINATION THAT THE ACTION IS CATEGORICALLY
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).”
City Council Minutes May 22, 2019
City of Palm Springs Page 16
3. LEGISLATIVE:
A. PROPOSED ORDINANCE AMENDING THE PALM SPRINGS MUNICIPAL
CODE RELATED TO THE “PLACING OF WASTE AND RECYCLABLES IN
STREET”
Assistant City Manager Fuller presented the staff report.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to introduce 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.”
B. PROPOSED ORDINANCE AMENDING THE PALM SPRINGS MUNICIPAL
CODE REGARDING NONCONSENSUAL TOW FEES
City Attorney Ballinger presented the staff report.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to introduce 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."
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
A. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID THE DOWNTOWN PARK, CP 15-07
Assistant City Manager Fuller narrated a PowerPoint presentation.
Mayor Pro Tem Kors advised that the Hospitality Association continues to negotiate for
the Marilyn Monroe statue and is considering whether Francis Stevens Park may be an
appropriate location for the statue. During the course of discussion, the City Council voiced
support for locating the Marilyn statue at Francis Stevens Park.
In response to City Council inquiry, Assistant City Manager Fuller and Mark Rios, of Rios
Clementi Hale Studios, summarized the estimated project costs and potential funding
sources; advised that Quimby Fees may only be utilized for new or expanded park projects,
noting that approximately $500,000 is collected on an annual basis.
The City Council requested that consideration of naming the Downtown Park be agendized
for a future City Council meeting.
City Council Minutes May 22, 2019
City of Palm Springs Page 17
Councilmember Holstege requested that staff bring forward a sponsorship and fundraising
plan for the Downtown Park at a future City Council meeting.
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to approve the plans, specifications and estimate; and
authorize staff to advertise and solicit bids for the Downtown Park, CP 15-07.
B. PRELIMINARY OVERVIEW OF THE FISCAL YEAR 2019-20 AND FISCAL
YEAR 2020-21 COMPREHENSIVE BUDGET
Director of Finance and Treasurer Pauley presented the staff report and responded to City
Council inquiries.
In response to City Council inquiry, City Manager Ready recommended that the City
Council provide policy direction on setting aside a percentage of the annual budget to
address deferred facility maintenance, noting that staff would follow-up with an annual list
of priority projects; advised that staff is recommending a budget of $4 million for facility
maintenance in the proposed budget.
Mayor Moon expressed concern regarding the proposed staffing additions, citing
increasing pension and healthcare costs; recommended that staff consider hiring
contractors rather than permanent employees, where feasible; urged the City Council to be
cautious when considering issuing bonds, noting that the Golf Course and Convention
Center bonds have created long-term financial obligations for the City; voiced concern
regarding increasing overhead costs related to the City Council and City Manager budgets.
Mayor Pro Tem Kors spoke on the importance of maintaining the existing street pavement
conditions; advised that the hiring of a lobbyist would ensure that the City has an advocate
at the state level during the budgetary process; advised that a fundraising coordinator would
assist the City in identifying and applying for state and federal grants.
Councilmember Holstege voiced support for a lobbyist, noting that the City is competing
with neighboring cities for regional and state grant funds; suggested that the proposed
homelessness coordinator be designated as a housing coordinator; recommended that the
City continue to invest in business retention and economic development programs, noting
that such programs help grow the local economy; requested that staff provide a calculation
of the increase in pension costs associated with the proposed staffing additions.
In response to City Council inquiries, City Manager Ready explained that the City Council
committed to separating Measure J funds from the General Fund to allow for separate
audits, noting that Measure D funds are deposited into the General Fund; advised that
approximately $400,000 is reserved for the General Plan update, noting that additional
funds will need to be allocated as the project continues.
Director Fagg advised that the Housing Element must be updated by 2020, noting that the
General Plan was last updated twelve years ago; advised that staff will contact the Agua
Caliente Band of Cahuilla Indians to seek funding assistance for the General Plan update.
City Council Minutes May 22, 2019
City of Palm Springs Page 18
Councilmember Middleton stressed the importance of maintaining the street pavement
conditions; voiced support for setting aside funding to address deferred facility
maintenance; reviewed the proposed staffing additions, noting that many of the positions
are needed to address increasing service demands.
Councilmember Roberts voiced support for a one-year pilot program regarding the lobbyist
and fundraising coordinator, noting their potential to generate more revenue than their cost.
City Manager Ready suggested that the lobbyist and fundraising coordinator provide a
monthly report to the City Council on their activities.
The City Council took no formal action related to this item.
C. REVIEW OF THE CITYWIDE USER FEE STUDY / COST ALLOCATION PLAN,
AND COMPREHENSIVE FEE SCHEDULE FOR FISCAL YEAR 2019-20
Director of Finance and Treasurer Pauley presented the staff report.
In response to City Council inquiries, Dan Edds, Capital Accounting Partners, advised that
Palm Springs proposed fee study is reasonable with no major outliers in comparison to the
other cities of Coachella Valley, noting the importance of monitoring overall trends rather
than specific fees; spoke on the benefits of a flat fee versus a valuation fee systems, noting
that it provides the building industry with greater consistency in fee estimates.
City Manager Ready noted that the existing fees serve as a default incentive for the building
industry and that the proposed fees would make Planning Services closer to full cost
recovery.
In response to City Council inquiry, Fire Chief Nalder advised that the smoke detector
inspection program ensures that smoke and carbon monoxide detectors are operational;
advised that civilian employees conduct the inspections rather than allowing the property
owner to hire a third party contractor or real estate agent.
Councilmember Holstege requested that staff provide an analysis on the potential impacts
to the housing industry caused by the proposed fee increases.
City Manager Ready opined that building and planning fees are typically viewed as
symbolic of being business-friendly; noted that builders are typically influenced by
increased permit processing times rather than specific fees; advised that the City Council
could establish a policy to waive certain fees for affordable housing projects.
Councilmember Holstege noted that it may be desirable to incentivize the development of
affordable housing and other desirable housing developments.
Councilmember Middleton opined that the proposed fee increases will enable to the City
Council to address improving the building industry’s customer experience.
City Council Minutes May 22, 2019
City of Palm Springs Page 19
Mayor Pro Tem Kors opined that the Building Industry would be better served with
consistent and quicker processing times for plan check and permits; voiced support for
incentivizing specific types of housing developments rather than maintaining an artificially
low fee schedule.
The City Council took no formal action related to this item.
PUBLIC COMMENT:
Brad Anderson, asserted that the Coachella Valley Mosquito and Vector Control District are not
efficiently controlling the mosquito population.
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT:
Councilmember Middleton advised that she received feedback that the cannabis industry may
becoming oversaturated with competition and that the City Council should continue to monitor to
avoid adverse effects to lease rates and property values.
Mayor Pro Tem Kors requested that CVRA Working Group Recommendations related to Boards
and Commissions be agendized for the City Council meeting on June 5, 2019; noted that the City
Council will address illegal cannabis delivery services in Closed Session.
Councilmember Holstege requested that a Language Accessibility Policy and the ordinance on
polystyrene and plastic straws be presented for City Council consideration at a future City Council
meeting.
Councilmember Holstege and Mayor Pro Tem Kors requested that discussion of illegal cannabis
delivery services be agendized for Closed Session.
ADJOURNMENT:
The City Council adjourned at 11:16 p.m.
Respectfully submitted,
Anthony J. Mejia, MMC
City Clerk
APPROVED BY CITY COUNCIL: 06/05/2019