HomeMy WebLinkAbout2019-04-03 CC MINUTESWednesday, April 3, 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, April 3, 2019, at 6:06 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; Peter King, General Counsel; Marcus Fuller,
Assistant City Manager; and Cindy Berardi, Chief Deputy City Clerk, were present
at Roll Call. Other staff members presented reports or responded to questions as
indicated in the minutes.
PRESENTATIONS:
Mayor Moon presented a Proclamation to Father M. Andrew Green in recognition of his 30 years
of service to the Palm Springs community.
Councilmember Roberts displayed a video of his interview with NBC regarding efforts to restore
the Plaza Theater and requested that the matter be agendized for a future City Council meeting.
ACCEPTANCE OF THE AGENDA:
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER HOLSTEGE,
CARRIED 5-0, to remove Consent Calendar Item No. 1H for separate discussion. Councilmember
Middleton announced her recusal on Item No. 1G, noting that her residence may be within 500
feet of a proposed street improvement.
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of April 3, 2019, was called to order by Mayor
Moon at 4:00 p.m., with all members present.
City Council Minutes April 3, 2019
City of Palm Springs Page 2
The meeting convened into Closed Session to discuss the following items as listed on the Closed
Session Meeting Agenda:
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, Pursuant to
Government Code Section 54956.9(d)(1):
4348 Lockwood Ave LLC et al v. City of Palm Springs/Oswit
Case No. RIC 1703102, Superior Court, Riverside County, CA
Update/Outside Counsel RK, Woodruff, Spradlin & Smart
Timothy A. Garrett v. City of Palm Springs
Case No. PSC 1702958, Superior Court, Riverside County, CA
Update/Outside Counsel RK, Woodruff, Spradlin & Smart
Li, et al. v. City of Palm Springs, et. al.
Case No. PSC 1800801, Superior Court, Riverside County, CA
CONFERENCE WITH LEGAL COUNSEL – EXPOSURE TO LITIGATION, Pursuant to
Government Code Section 54956.9(d)(2):
Four (4) 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 eight (8) matters the City Council has
decided or may decide to initiate litigation.
CITY COUNCIL CONSULTATION WITH CITY ATTORNEY TO CONSIDER
NEGOTIATIONS, APPOINTMENT, AND EMPLOYMENT OF LEGAL COUNSEL TO
SERVE THE CITY’S FUTURE LEGAL SERVICES NEEDS, Pursuant to Government Code
Section 54957:
Discussion with City Attorney/Interim City Attorney
CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code
Section 54956.8:
Property Address/Description: Convention Center, 277 N. Avenida Caballeros
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: SMG/AEG
Under Negotiation: Price and Terms of Lease
City Council Minutes April 3, 2019
City of Palm Springs Page 3
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)
Property Address/Description: State Highway 111, Vista Chino and Gene Autry Trail
within the Boundaries of the City of Palm Springs
Agency: City of Palm Springs
City Negotiator: David Ready, City Manager or Designee
Negotiating Parties: State of California Caltrans
Under Negotiation: Price and Terms of Payment (Relinquishment)
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)
General Counsel King announced that the matter of Li, et al. v. City of Palm Springs, et. al., was
dismissed, with prejudice, and the City Council directed to waive its legal fees; reported that the
City Council received briefings and provided direction to staff regarding the agendized Closed
Session Items, but did not take any additional reportable action.
PUBLIC TESTIMONY:
Ron Zagorhian, speaking on Item 5A, urged the City Council to approve the landscape plan for
the Tahquitz Creek “Legends” Golf Course, noting that additional trees will require replacement
in the future.
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS:
Police Chief Reyes reported on recent events to raise awareness for Distracted Driver Awareness
Month.
Sustainability Manager Tallarico displayed photos and reported on th e Electric Leaf Blower and
Lawnmower Workshop. In response to City Council inquiry, Mr. Tallarico advised that grants are
available to landscapers and homeowners to exchange and/or purchase electric landscaping
equipment.
City Council Minutes April 3, 2019
City of Palm Springs Page 4
City Manager Ready announced that Diane Ross was the recipient of the Senior Inspiration Award
for Palm Springs.
Mayor Pro Tem Kors reported on his attendance at the Governance, Transparency, and Labor
Relations Policy Committee meeting for the League of California Cities; noted that legislation is
being considered related the social media and the Brown Act; spoke on the importance of an
accurate Census count, noting that the City Manager will explore methods of supplementing the
federal Census; reported on the successful Police Department LGBT Outreach Town Hall meeting
and commended the Police Department.
Councilmember Middleton reported on the first annual Cesar Chavez Day breakfast; provided a
status report on the Transportation Policy Committee for the League of California Cities;
commended One-PS and Denise Goolsby for hosting a successful One-PS Picnic.
Councilmember Holstege provided a status report on the Housing, Community and Economic
Development Policy Committee for the League of California Cities; reported on her attendance at
recent meetings and events.
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM KORS,
CARRIED 5-0, to approve the consent calendar, with the removal of Item No. 1H for separate
discussion.
A. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to adopt Resolution No. 24582 entitled “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED
02-23-2019 BY WARRANTS NUMBERED 420632 THROUGH 420648 AND 420650
TOTALING $42,919.20, CLAIMS, DEMANDS AND LIABILITY CHECKS
NUMBERED 1104421 THROUGH 1104705 TOTALING $2,747,079.05, FOUR WIRE
TRANSFERS FOR $66,454.02, AND FOUR ELECTRONIC ACH DEBITS OF
$1,733,452.26 IN THE AGGREGATE AMOUNT OF $4,589,904.53, DRAWN ON
BANK OF AMERICA.”
City Council Minutes April 3, 2019
City of Palm Springs Page 5
B. MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR
CLASS 1 HISTORIC SITE LOCATED AT 360 CABRILLO ROAD UNIT 205,
RACQUET CLUB GARDEN VILLAS HISTORIC DISTRICT, HSPB 88/HD-3
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. Approve a Mills Act Historic Property Preservation Agreement with Laurence A. Rickels
and the Racquet Club Cottages West Homeowners Association, for 360 Cabrillo Road
Unit 205, HSPB 88/HD-3. A7263.
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement.
C. MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR A
CLASS 1 HISTORIC SITE LOCATED AT 1857 SANDCLIFF ROAD, HSPB 93/HD-5
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. Approve a Mills Act Historic Property Agreement with Doug Honeycutt,
Lea Honeycutt and Sandcliff Homeowners Association, for 1857 Sandcliff Road, a
Class 1 Historic Site, HSPB 93/HD-5. A7264.
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement.
D. MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR
CLASS 1 HISTORIC SITE LOCATED AT 1999 SOUTH JOSHUA TREE PLACE,
HSPB 104
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. Approve a Mills Act Historic Property Preservation Agreement with Victor Sun, for
1999 South Joshua Tree Place, a Class 1 Historic Site, HSPB 104. A7265.
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement.
City Council Minutes April 3, 2019
City of Palm Springs Page 6
E. MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR A
CLASS 1 HISTORIC SITE LOCATED AT 221 WEST STEVENS ROAD, HSPB
91/HD-4
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. Approve a Mills Act Historic Property Agreement with Dennis Ortiz and the Pompeii
de las Palmas Homeowners Association, for 221 West Stevens Road, a contributing
property in the Pompeii De Las Palmas Historic District, HSPB 91/HD-4. A7266.
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement.
F. APPROVAL OF RIGHT OF WAY ACQUISITION AGREEMENTS WITH
RAMON TOWER BUSINESS PARK, INC., A CALIFORNIA MUTUAL BENEFIT
NON-PROFIT CORPORATION, AND EIGHTEEN SAC SELF-STORAGE
CORPORATION, A NEVADA CORPORATION, ASSOCIATED WITH THE
RAMON ROAD AND BRIDGE WIDENING PROJECT, CITY PROJECT NO. 08-
25, FEDERAL AID PROJECT NO. BHLS 5282 (040); APN 680 -190-036 AND APN
680-190-031
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. Approve a Right-of-Way Agreement for Acquisition of Real Property Interest and
Escrow Instructions, in the amount of $33,400 with Ramon Tower Business Park, Inc.,
a California mutual benefit non-profit corporation. A7267.
2. Approve a Temporary Construction Easement Agreement in the amount of $107,375
with Ramon Tower Business Park, Inc., a California mutual benefit non-profit
corporation. A7267.
3. Approve a Right-of-Way Agreement for Acquisition of Real Property Interest and
Escrow Instructions in the amount of $2,938 with Eighteen Sac Self-Storage
Corporation, a Nevada corporation. A7268.
4. Approve a Temporary Construction Easement Agreement in the amount of $31,783
with Eighteen Sac Self-Storage Corporation, a Nevada corporation. A7268.
5. Authorize the City Manager to execute all necessary documents, open escrow, and pay
for escrow and title costs associated with the two right-of-way acquisitions estimated
at $5,000 each.
6. Authorize the City Manager to execute a Quitclaim Deed or such other documents as
necessary to transfer the real property interests to the City of Cathedral City upon
completion of the Project.
City Council Minutes April 3, 2019
City of Palm Springs Page 7
G. AWARD A CONSTRUCTION CONTRACT TO CT&T CONCRETE PAVING,
INC., IN THE AMOUNT OF $298,800; FOR THE 2019 ADA CURB RAMP &
IMPROVEMENTS, CP 19-03
Councilmember Middleton announced her recusal on Item No. 1G, noting that her
residence may be within 500 feet of a proposed street improvement.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 4-0 (COUNCILMEMBER MIDDLETON RECUSED), to:
1. Award a construction contract to CT&T Concrete Paving, Inc., a California
corporation, in the amount of $298,800 for the 2019 ADA Curb Ramp Improvements,
CP 19-03. A7269.
2. Authorize the City Manager to approve and execute construction contract change
orders up to a cumulative amount of $30,000.
3. Authorize the City Manager to execute all necessary documents.
H. REQUEST BY AUSTIN TODD ON BEHALF OF CAPITAL GROWTH
INVESTMENTS, INC. FOR A MINOR ARCHITECTURAL APPLICATION TO
RENOVATE AN EXISTING 5,044-SQUARE FOOT TWO-STORY INDUSTRIAL
BUILDING FOR A CANNABIS MANUFACTURING AND CULTIVATION
FACILITY LOCATED AT 695 SOUTH WILLIAMS ROAD, ZONE M-1, SECTION
33, CASE 3.1116-MAA
This item was excluded from the Consent Calendar. Please refer to Page 10 of these
minutes for a summary of that action.
I. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID THE RAMON ROAD NUISANCE WATER
RETENTION BASIN, CP 18-15
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to approve the plans, specifications and estimate, and authorize
staff to advertise and solicit bids for the Ramon Road Nuisance Water Retention Basin,
CP 18-15.
City Council Minutes April 3, 2019
City of Palm Springs Page 8
J. APPROVE AMENDMENT NO. 5 TO THE COACHELLA VALLEY
ASSOCIATION OF GOVERNMENTS (CVAG) REIMBURSEMENT
AGREEMENT FOR INCREASED FUNDING COMMITMENT AND EXTEND
THE TIME TRIGGER ASSOCIATED WITH CONSTRUCTION OF THE INDIAN
CANYON DRIVE UPRR BRIDGE WIDENING, CP 01-11
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. Approve Amendment No. 5 to Agreement No. A4394, a Reimbursement Agreement
with the Coachella Valley Association of Governments, extending the time triggers and
increased funding commitments for the Indian Canyon Drive UPRR Bridge Widening,
CP 01-11.
2. Authorize the City Manager to execute all necessary documents.
K. APPROVAL OF MINUTES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to approve the City Council Meeting Minutes of July 18, 2018,
July 23, 2018, November 14, 2018, and November 15, 2018.
L. APPROVAL OF A GROUND LEASE AGREEMENT WITH LOS ANGELES
SMSA LIMITED PARTNERSHIP DBA VERIZON WIRELESS FOR NON-
EXCLUSIVE USE OF GROUND SPACE WITH AN EXISTING WIRELESS
COMMUNICATIONS TOWER AT 1901 EAST BARISTO ROAD
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. Approve a Wireless Communications Facilities Site Lease with Los Angeles SMSA
Limited Partnership dba Verizon Wireless for ground space with an existing wireless
tower at 1901 East Baristo Road, for a term of five (5) years with one option to extend
an additional five (5) years. A3281.
2. Authorize the City Manager or his designee to execute all necessary documents.
City Council Minutes April 3, 2019
City of Palm Springs Page 9
M. PURCHASE ONE X-SERIES® ADVANCED CARDIAC LIFE SUPPORT (ACLS)
MONITOR/DEFIBRILLATOR WITH WARRANTY AND RELATED SUPPORT
EQUIPMENT; AND ONE AUTOPULSE SYSTEM AND ACCESSORIES FROM
ZOLL MEDICAL CORPORATION
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. Purchase one ZOLL X-Series Advanced Cardiac Life Support (ACLS)
Monitor/Defibrillator, related support equipment, and one year warranty utilizing
Riverside County contract discounted pricing in the amount of $34,279.73 from ZOLL
Medical Corporation.
2. Purchase one AutoPulse System and accessories that includes an AutoPulse SurePower
Charger, three AutoPulse Li-Ion Batteries, an AutoPulse Soft Carry Case, an AutoPulse
Soft Stretcher, and two LifeBand Chest Compression Bands utilizing Riverside County
contract discounted pricing in the amount of $15,364.91 from ZOLL Medical
Corporation.
3. Authorize the City Manager to execute all necessary documents.
N. APPROVE AGREEMENT WITH SPECTRUM ENTERPRISE FOR CITY-WIDE
ETHERNET CONNECTION
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. Approve a three (3) year agreement with Spectrum Enterprise totaling $95,268 per
year, in an amount not to exceed $285,804 plus applicable taxes over the three (3) year
contract period. A7270.
2. Authorize the City Manager to execute all necessary documents.
O. MODIFICATION TO TRANSPORTATION NETWORK CARRIER FEE
STRUCTURE IN PERMIT RENEWAL
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to receive and file the report on modification to Transportation
Network Carrier fee structure in permit renewal.
City Council Minutes April 3, 2019
City of Palm Springs Page 10
EXCLUDED CONSENT CALENDAR:
H. REQUEST BY AUSTIN TODD ON BEHALF OF CAPITAL GROWTH
INVESTMENTS, INC. FOR A MINOR ARCHITECTURAL APPLICATION TO
RENOVATE AN EXISTING 5,044-SQUARE FOOT TWO-STORY INDUSTRIAL
BUILDING FOR A CANNABIS MANUFACTURING AND CULTIVATION
FACILITY LOCATED AT 695 SOUTH WILLIAMS ROAD, ZONE M-1, SECTION 33,
CASE 3.1116-MAA
In response to City Council inquiry, Director of Planning Services Fagg advised that the
facility’s odor control plan has been reviewed by the City’s independent consultant and the
Planning Commission has incorporated the recommendations as Conditions of Approval.
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
ROBERTS, CARRIED 5-0, to adopt Resolution No. 24583 entitled “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A MINOR ARCHITECTURAL APPLICATION (MAA) BY THE
CAPITAL GROWTH INVESTMENTS, INC. FOR THE RENOVATION OF AN
EXISTING 5,044-SQUARE FOOT TWO-STORY INDUSTRIAL BUILDING FOR A
CANNABIS MANUFACTURING AND CULTIVATION FACILITY LOCATED AT
695 SOUTH WILLIAMS ROAD, CASE 3.1116 - MAA.”
2. PUBLIC HEARINGS:
A. AN APPLICATION BY NANCY AND STEPHEN COOPER OF COBBLEWOOD
PARTNERS, LP, OWNERS, REQUESTING CLASS 1 HISTORIC RESOURCE
DESIGNATION OF 417 HERMOSA PLACE, “THE WALTER KIRSCHNER
RESIDENCE” (AKA “CASA ADAIRE”), CASE HSPB 112. (KL)
Director of Planning Services Fagg narrated a PowerPoint presentation and responded to
City Council inquiries.
Mayor Moon opened the Public Hearing.
Steven Keylon, representing the Applicant, spoke on the historic significance and merits
of the residence and urged the City Council to adopt the proposed resolution.
There being no others desiring to speak, Mayor Moon closed the Public Hearing.
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24584 entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DESIGNATING THE PARCEL AT 417 HERMOSA PLACE APN NO. 505 -273-002,
“THE WALTER KIRSCHNER RESIDENCE” (AKA “CASA ADAIRE”), A CLASS 1
HISTORIC RESOURCE (HSPB 112) SUBJECT TO CONDITIONS.”
City Council Minutes April 3, 2019
City of Palm Springs Page 11
B. REQUEST BY SONS OF ITALY ON BEHALF OF DOLLY SINATRA LODGE NO.
2400 TO RE-ESTABLISH A CONDITIONAL USE PERMIT TO OPERATE A
MEETING HALL WITHIN AN EXISTING BUILDING AT 1700 NORTH SAHARA
ROAD, ZONE P, SECTION 1, CASE 5.0707 CUP
Director of Planning Services Fagg narrated a PowerPoint presentation and responded to
City Council inquiries.
Mayor Moon opened the Public Hearing.
Joe LaPorta, Applicant, spoke on the history of the Sons of Italy and their philanthropic
efforts to support the community.
There being no others desiring to speak, Mayor Moon closed the Public Hearing.
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 24585 entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING CASE NO. 5.0707 CUP, A CONDITIONAL USE PERMIT TO
ALLOW THE CONTINUED OPERATION OF A PHILANTHROPIC USE AT
1700 NORTH SAHARA ROAD.”
C. AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, TO EXTEND A TEMPORARY
MORATORIUM ON CITY APPROVAL OF NEW APPLICATIONS FOR
PERMITS TO ENGAGE IN CERTAIN CANNABIS BUSINESSES AND
ACTIVITIES IN PORTIONS OF THE DESERT HIGHLAND GATEWAY
ESTATES AND DEMUTH PARK NEIGHBORHOODS OF THE CITY, FOR
CONSIDERATION OF APPROPRIATE AMENDMENTS TO THE GENERAL
PLAN, MUNICIPAL CODE, AND ZONING CODE IN ACCORDANCE WITH
GOVERNMENT CODE SECTION 65858
Director of Planning Services Fagg narrated a PowerPoint presentation.
Mayor Moon opened the Public Hearing.
Hank Bates, voiced opposition to extending the moratorium boundary for the Demuth Park
area to Ramon Road.
Greta Carter, voiced opposition to the moratorium, opining that the odor complaints should
be addressed by Code Enforcement.
Damian Nassiri, Attorney, urged the City Council to oppose the moratorium, asserting that
it effectively creates a ban in Palm Springs.
Steven Wijatyk, conveyed opposition to extending the moratorium boundary for the
Demuth Park area to Ramon Road.
City Council Minutes April 3, 2019
City of Palm Springs Page 12
Shane Canby, voiced opposition to extending the moratorium boundary for the Demuth
Park area to Ramon Road.
Julie Canby, noted that Mr. Wijatylk submitted an application to establish a cannabis-
related business on Ramon Road and urged the City Council to maintain the existi ng
moratorium boundaries.
Todd Burgess, urged the City Council to modify the boundaries of the moratorium exempt
properties on the east side of Gene Autry Trail, noting that the sale of his building may not
proceed if the moratorium is not modified.
Nis Raphael, urged the City Council to oppose the moratorium and consider future
cannabis-related businesses on a case-by-case basis.
Dieter Crawford, voiced support for the moratorium, citing public health and safety concerns.
There being no others desiring to speak, Mayor Moon closed the Public Hearing.
In response to City Council inquiry, Special Programs Compliance Official Goedhart
advised that she receives approximately three inquiries per week from individuals
interested in operating a cannabis-related business in the areas subject to the moratorium.
In response to City Council inquiry, Director Fagg noted that properties along Gene Autry
Trail, north of Ramon Road, and along Interstate-10 are not subject to the moratorium;
highlighted that dispensaries and lounges may operate in commercial zones throughout
Palm Springs, subject to distance separation requirements.
During the course of discussion, the City Council agreed to extend the moratorium for a
period of six (6) months and requested that the City Council Subcommittee on cannabis-
related issues work with staff to address those applicants impacted by the moratorium.
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
ROBERTS, CARRIED 5-0, to adopt Ordinance No. 1987 entitled “AN INTERIM
URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO
EXTEND INTERIM URGENCY ORDINANCE NO. 1983 FOR AN ADDITIONAL SIX
MONTHS, AND CONTINUE FOR THIS PERIOD A TEMPORARY MORATORIUM
ON CITY APPROVAL OF NEW APPLICATIONS FOR PERMITS TO ENGAGE IN
CERTAIN CANNABIS BUSINESSES AND ACTIVITIES IN PORTIONS OF THE
DESERT HIGHLAND GATEWAY ESTATES AND DEMUTH PARK
NEIGHBORHOODS OF THE CITY, FOR CONSIDERATION OF APPROPRIATE
AMENDMENTS TO THE GENERAL PLAN, MUNICIPAL CODE AND ZONING
CODE IN ACCORDANCE WITH GOVERNMENT CODE SECTION 65858,” with the
following modifications:
Dispensaries and lounges shall be subject in the moratorium.
The northern boundary of the moratorium in the Demuth Park neighborhood shall be
Camino Parocela, and the properties on the east side of South Gene Autry Trail shall
be excluded from the moratorium.
City Council Minutes April 3, 2019
City of Palm Springs Page 13
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
A. REVIEW OF FINAL LANDSCAPE PLAN FOR THE 14TH AND 15TH
FAIRWAYS OF THE TAHQUITZ CREEK “LEGENDS” GOLF COURSE
Assistant City Manager Fuller presented the staff report and responded to City Council
inquiries.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to approve the final landscape plan for the 14th and 15th
fairways of the Tahquitz Creek “Legends” Golf Course prepared by David Volz and
Associates.
B. REQUEST BY FENTON BOOTH ON BEHALF OF GLENWOOD
MANAGEMENT GROUP LLC, TO DEFER A CONDITION OF APPROVAL
REQUIRING THE CONSTRUCTION OF A MEDIAN FOR A NEW
MULTIFAMILY RESIDENTIAL COMPLEX AT 2150 NORTH ZANJERO ROAD,
ZONE R-2, CASE 3.3989 MAJ
Director of Planning Services Fagg presented the staff report and responded to City Council
inquiries.
In response to City Council inquiry, Assistant City Manager Fuller advised that the
Engineering Department advised that staff and the Planning Commission supported
deferring the median to covenant, but that the City Council determined to require
construction of the median.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to approve the request and defer the requirement for the
construction of a median on North Indian Canyon Drive (ENG 7) to covenant for
construction at a later date as determined by the City Engineer.
C. CONSIDER APPROPRIATING $100,000 OF HOUSING SUCCESSOR FUNDS
FOR HOMELESS ASSISTANCE PROGRAMS
Director of Community and Economic Development Virata presented the staff report and
responded to City Council inquiries.
In response to City Council inquiry, City Manager Ready noted that the Housing Successor
funds were largely used for the Community Housing Opportunities Corporation (CHOC)
affordable housing project and a portion of the remaining balance could be utilized for
homeless assistance programs.
City Council Minutes April 3, 2019
City of Palm Springs Page 14
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 24586 entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE BUDGET FOR THE 2018-19 FISCAL YEAR TO ALLOCATE
$100,000 FOR HOMELESS ASSISTANCE PROGRAMS ACTIVITY."
D. APPOINTMENT OF THE CITY ATTORNEY AND APPROVAL OF AN
AGREEMENT FOR CITY ATTORNEY LEGAL SERVICES WITH BEST, BEST
& KRIEGER, LLP
City Manager Ready presented the staff report and responded to City Council inquiries.
Jeffrey Ballinger provided a summary of his qualifications and experience.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. Approve an Agreement for City Attorney Legal Services with Best, Best & Krieger,
LLP. A7271.
2. Appoint Jeffrey S. Ballinger as City Attorney.
3. Authorize the City Manager to execute all necessary documents.
PUBLIC COMMENT:
Chad Shipley, summarized the services offered at Disabled American Veterans office; encouraged
residents to attend the dedication of the LGBT Veterans Memorial in Cathedral City on
April 27, 2019.
Lee Wilson Jr., encouraged residents to participate in upcoming events hosted by the Palm Springs
American Legion.
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT:
The City Council agreed to schedule a Study Session regarding the Convention Center Agreement
for April 18, 2019, at 5:30 p.m., and a Town Hall Budget Meeting with the Measure J Oversight
Commission for May 23, 2019, at 5:30 p.m.
Councilmember Middleton requested that the November 20, 2019, City Council meeting be
rescheduled for November 6, 2019.
City Council Minutes April 3, 2019
City of Palm Springs Page 15
ADJOURNMENT:
The City Council adjourned at 8:30 p.m.
Respectfully submitted,
Anthony J. Mejia, MMC
City Clerk
APPROVED BY CITY COUNCIL: 06/05/2019