HomeMy WebLinkAbout2019-03-20 CC MINUTESWednesday, March 20, 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, March 20, 2019, at 6:13 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; Peter King, General Counsel; 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:
Harold Matzner, provided an update and displayed a video depicting the Palm Springs
International Film Festival and Awards Gala.
Assistant City Manager Fuller provided an update on the Cornelia White House Renovation Project.
Police Captain Desmarais provided an update on recent coyote sightings and summarized methods
of reducing encounters with coyotes.
ACCEPTANCE OF THE AGENDA:
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to remove Consent Calendar Item Nos. 1J and 1M for separate
discussion and the continuation of Item No. 1G.
City Council Minutes March 20, 2019
City of Palm Springs Page 2
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of March 20 2019, was called to order by Mayor
Moon at 4:00 p.m., with all members present.
Se Layne, Palm Canyon Theater, urged the City Council to support a long-term lease for the Palm
Canyon Theater.
Will Stout, Rialto Capital, urged the City Council to support Item 1J, noting that naming of a
specific buyer for the Cameron Project may negatively impact the pending deal.
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):
4348 Lockwood Ave LLC et al v. City of Palm Springs
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
CONFERENCE WITH LEGAL COUNSEL – EXPOSURE TO LITIGATION, Pursuant to
Government Code Section 54956.9(d)(2):
Three (3) [new] 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 seven (7) 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
City Council Minutes March 20, 2019
City of Palm Springs Page 3
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
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)
CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957.6:
Agency Designated Representatives: City Manager David Ready and Legal Services Ad
Hoc Subcommittee
Unrepresented Employee: City Attorney/Interim City Attorney
Employee Organizations: Palm Springs Police Management Association
General Counsel King 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; noted
that City Manager Ready recused himself on the Lockwood litigation.
City Council Minutes March 20, 2019
City of Palm Springs Page 4
PUBLIC TESTIMONY:
Berry Trailer, speaking on Item 1D, questioned whether the new property owners of the Cameron
Project will be required to complete the site improvements.
Allen Janish, Toll Brothers, speaking on Item 1J, urged the City Council to support the extension
of the subdivision agreement, noting that they anticipate beginning infrastructure improvements
within one year and completing the project over four years.
Will Stout, Rialto Capital, speaking on Item 1J, urged the City Council to support the extension of
the subdivision agreement.
Sue Burnside, speaking on Item 5B, suggested that the noise ordinance be modified to distinguish
between acceptable noise levels on weekdays and weekends.
Ardine Thompson, speaking on Item 5B, requested that the City Council modify the noise
ordinance to address low frequency sounds and bass, noting impacts from Splash House and other
large events.
Mike Guerra, speaking on Item 5B, opined that low frequency and bass noise should be regulated
and that hotels should be required to obtain permits for special events; voiced opposition to
increasing the permissible decibel levels.
Jocelyn Kane, speaking on Items 5B and 5D, voiced support for the Cannabis Social Equity
Program and noted her experience and availability to assist the City in regards to the noise
ordinance.
Kathy Weremiuk, speaking on Item 5B and 5C, voiced support for the comments of
Ms. Thompson; urged the City Council to conduct a Public Hearing on the Golf Course Conversion
Ordinance.
The following individuals speaking on Item 5C, urged the City Council to conduct a Public
Hearing on the Golf Course Conversion Ordinance:
Peter Moruzzi
Michael Johnson
Jane Garrison
Wayne Guralnick
Arthur MacMillan
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS:
Sustainability Manager Tallarico provided an update on the City’s Leaf Blower Ordinance, noting
that the City will be offering a residential exchange program for gas-powered leaf blowers and will
be hosting a demonstration event for landscapers to experience electric-powered landscaping
equipment.
City Council Minutes March 20, 2019
City of Palm Springs Page 5
Councilmember Roberts noted that proposed amendments to the Vacation Rental Ordinance will
be released in April 2019; advised that the design for the rainbow crosswalks on Arenas Road will
be referred to the Public Arts Commission; reported that conversion of Indian Canyon Drive into
a two-way street will begin in May 2019.
Councilmember Holstege provided an update on the activities of the Business Retention
Subcommittee and efforts to address homelessness and affordable housing.
Councilmember Middleton advised that discussion of allowing motorized scooters and related
options will be presented to the City Council at an upcoming meeting; stated that the Coachella
Valley Mountains Conservancy is seeking public input on priorities for preservation; noted her
attendance at the first LGBT Elected Officials Summit in Sacramento.
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY MAYOR PRO TEM KORS,
CARRIED 5-0, to approve the consent calendar, with the removal of Item Nos. 1J and 1M for
separate discussion, and continuation of Item No. 1G to the City Council meeting of April 3, 2019.
A. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. Adopt Resolution No. 24576 entitled “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS FOR THE PERIOD ENDED 01-26-2019 BY WARRANTS
NUMBERED 420597 THROUGH 420615 AND 420617 TOTALING $34,804.70,
LIABILITY CHECKS NUMBERED 1104097 THROUGH 1104115 TOTALING
$55,202.72, FOUR WIRE TRANSFERS FOR $62,009.07, AND FOUR ELECTRONIC
ACH DEBITS OF $1,608,503.68 IN THE AGGREGATE AMOUNT OF $1,760,520.17,
DRAWN ON BANK OF AMERICA.”
2. Adopt Resolution No. 24577 entitled “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS FOR THE PERIOD ENDED 02-09-2019 BY WARRANTS
NUMBERED 420616, 420618 THROUGH 420631 TOTALING $23,228.06 CLAIMS,
DEMANDS AND LIABILITY CHECKS NUMBERED 1104116 THROUGH 1104420
TOTALING $4,775,736.72, FOUR WIRE TRANSFERS FOR $62,954.07, AND FIVE
ELECTRONIC ACH DEBITS OF $1,529,873.47 IN THE AGGREGATE AMOUNT OF
$6,391,792.32, DRAWN ON BANK OF AMERICA.”
B. ADMINISTRATIVE APPEALS BOARD HEARING DECISIONS
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to receive and file the Administrative Appeals Board decisions
from the February 28, 2019, hearings.
City Council Minutes March 20, 2019
City of Palm Springs Page 6
C. ACCEPT THE RESIGNATION OF DAN LASS FROM THE PALM SPRINGS
INTERNATIONAL AIRPORT COMMISSION FOR THE TERM ENDING
JUNE 30, 2019
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. Accept with regret the resignation of Dan Lass from the Palm Springs International Airport
Commission.
2. Direct the City Clerk to post a notice of vacancy for the term ending June 30, 2019.
D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE
MONTH OF FEBRUARY 2019
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to receive and file the report of Staff Authorized Agreements and
Purchase Orders for the period of February 1 through February 28, 2019.
E. MEMORANDUM OF UNDERSTANDING WITH THE PALM SPRINGS POLICE
MANAGEMENT ASSOCIATION
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. Adopt Resolution No. 24578 entitled "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MEMORANDUM
OF UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS
AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE PALM
SPRINGS POLICE MANAGEMENT ASSOCIATION FOR THE PERIOD
DECEMBER 16, 2018, THROUGH JUNE 30, 2020, SUBJECT TO ASSOCIATION
EXECUTING THE MEMORANDUM OF UNDERSTANDING."
2. Authorize the City Manager to execute the Memorandum of Understanding (MOU)
and all documents necessary to effectuate the above action, including the allocation and
compensation plans, agreements, contracts, and any non-substantial MOU language or
reorganization.
F. APPROVAL OF THE FISCAL YEAR 2019-20 CSA 152 SPECIAL ASSESSMENT
RATE
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to adopt Resolution No. 24579 entitled “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING
FINDINGS AND REAFFIRMING THE ESTABLISHMENT AND SETTING OF RATES
FOR COUNTY SERVICE AREA 152 FOR FISCAL YEAR 2019/2020 TO FUND THE
CITY’S NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES)
PERMIT IN ORDER TO OPERATE AND MAINTAIN THE CITY’S DRAINAGE AND
FLOOD CONTROL SYSTEMS.”
City Council Minutes March 20, 2019
City of Palm Springs Page 7
G. REQUEST FOR CITY COUNCIL CONSIDERATION AND APPROVAL OF A
RESOLUTION IN SUPPORT OF THE IMPERIAL AND RIVERSIDE COUNTY
JOINT MEMORANDUM OF UNDERSTANDING ON THE SALTON SEA
The City Council deferred consideration of this matter to the City Council meeting of
April 3, 2019.
H. SECOND READING AND ADOPTION OF ORDINANCE NO. 1984 OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RELATING
TO AN ANNUAL UPDATE OF THE PALM SPRINGS ZONING CODE,
CASE 5.1466 ZTA
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to adopt Ordinance No. 1984 entitled “AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN
ANNUAL UPDATE TO THE PALM SPRINGS ZONING CODE, CASE 5.1466 ZTA.”
I. SECOND READING AND ADOPTION OF ORDINANCE NO. 1985, AMENDING
THE PALM SPRINGS MUNICIPAL CODE RELATING TO PUBLIC INTEGRITY
DISCLOSURE REQUIREMENTS
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to adopt Ordinance No. 1985 entitled “AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
PALM SPRINGS MUNICIPAL CODE SECTION 2.60.040 “DUTIES OF OFFICIALS”
RELATING TO PUBLIC INTEGRITY DISCLOSURE REQUIREMENTS.”
J. APPROVE SECOND AMENDMENT TO THE SUBDIVISION IMPROVEMENT
AGREEMENT WITH RREF II-DC CAMERON, LLC, REGARDING TRACT
MAP NO. 33575, THE “CAMERON” PROJECT
This item was excluded from the Consent Calendar. Please refer to Page 9 of these minutes
for a summary of that action.
K. CITY COUNCIL REPORT REGARDING THE CITY’S MEASURES TO
ALLEVIATE CONDITIONS WHICH LED TO ADOPTION OF INTERIM
URGENCY ORDINANCE NO. 1983 – A TEMPORARY MORATORIUM ON CITY
APPROVAL OF NEW APPLICATIONS FOR PERMITS TO ENGAGE IN
CANNABIS BUSINESS AND ACTIVITY IN PORTIONS OF THE DESERT
HIGHLAND GATEWAY ESTATES AND DEMUTH PARK NEIGHBORHOODS
OF THE CITY
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY MAYOR PRO TEM KORS,
CARRIED 5-0, to adopt and issue the City Council Report to the public describing the City’s
Measures to alleviate the conditions which led to adoption of Interim Urgency Ordinance
No. 1983 - a temporary suspension of the City’s approval of new applications for permits to
engage in cannabis business and activity, whether for medical or adult-use, in portions of the
Desert Highland Gateway Estates and Demuth Park neighborhoods of the City.
City Council Minutes March 20, 2019
City of Palm Springs Page 8
L. REVISE GANN APPROPRIATIONS LIMIT FOR FISCAL YEAR 2017-18
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to adopt Resolution No. 24580 entitled “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING
AND REPLACING RESOLUTION NO. 24240 ADOPTING AN APPROPRIATIONS
LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2018.”
M. APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH NAI
CONSULTING, INC., FOR ON-CALL PROJECT MANAGEMENT SERVICES
FOR VARIOUS FEDERALLY FUNDED TRANSPORTATION PROJECTS
This item was excluded from the Consent Calendar. Please refer to Page 10 of these
minutes for a summary of that action.
N. AWARD A CONTRACT SERVICES AGREEMENT WITH PRUDENTIAL
OVERALL SUPPLY, IN AN AMOUNT NOT TO EXCEED OF $61,172.28 TO
PROVIDE UNIFORM RENTAL AND CLEANING SERVICES CITY-WIDE
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. Award a contract services agreement for Bid (IFB) 19-02, Uniform Rental and Cleaning
Services, for all Maintenance & Facilities and the Airport employees to Prudential Overall
Supply, of Indio, CA, for an initial three (3) year term at annual fixed cost of $20,390.76
with two (2), one-year renewal options subject to a CPI increase, at the mutual consent of
the City and Contractor. A6468.
2. Authorize the City Manager to execute all necessary documents.
O. REPORT OF EMERGENCY REPLACEMENT OF HEAT EXCHANGERS FOR
THE SWIM CENTER POOL PURSUANT TO PALM SPRINGS MUNICIPAL
CODE SECTION 7.04.040
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to receive and file the report on the emergency replacement of heat
exchangers for the Swim Center Pool, pursuant to Palm Springs Municipal Code Section
7.04.040.
City Council Minutes March 20, 2019
City of Palm Springs Page 9
P. AUTHORIZE THE PURCHASE OF 6 REPLACEMENT POLICE PATROL
MOTORCYCLES IN AN AMOUNT NOT TO EXCEED $214,000
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. In accordance with Section 7.09.010 “Cooperative purchase programs,” of the Palm
Springs Municipal Code, authorize the purchase of five (5) new BMW R 1250 RT-P model
motorcycles at a unit cost of $33,303.93 for patrol, and one (1) new BMW R 1250 RT-P
model motorcycle at a unit cost of $27,194.86 for training, for a total cost of $193,714.51
inclusive of applicable taxes, fees, and delivery from Long Beach BMW Motorcycles
pursuant to the City of Sacramento Invitation for Bid (IFB) No. B17153311004.
2. Authorize issuance of Purchase Orders for vehicle outfitting and equipment for a total cost
not to exceed $20,000.
3. Authorize the City Manager to execute all necessary documents.
Q. APPROVAL OF EMPLOYMENT AGREEMENT FOR SERVICES AS GENERAL
COUNSEL
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. Approve short-term Employment Agreement with Peter Nelson King for services of
[interim] City Attorney and General Counsel.
2. Authorize the City Manager to execute this short-term agreement and any other necessary
documents.
R. APPROVAL OF MINUTES
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to approve the City Council Meeting Minutes of June 6, June 20,
July 11, and July 17, 2018.
EXCLUDED CONSENT CALENDAR:
J. APPROVE SECOND AMENDMENT TO THE SUBDIVISION IMPROVEMENT
AGREEMENT WITH RREF II-DC CAMERON, LLC, REGARDING TRACT
MAP NO. 33575, THE “CAMERON” PROJECT
In response to City Council inquiry, Mr. Stout advised that the approved landscape plan
will be completed and confirmed that Toll Brothers has the resources to complete the
Cameron Project.
City Council Minutes March 20, 2019
City of Palm Springs Page 10
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
ROBERTS, CARRIED 5-0, to:
1. Approve Amendment No. 2 to the Subdivision Improvement Agreement for Tract
Map 33575 (“Cameron”), with RREF II-DC Cameron, LLC, a California limited liability
company. A6730.
2. Authorize the City Manager to approve an agreement replacing subdivision securities filed
with the Subdivision Agreement for Tract Map 33575 ("Cameron") by and between
RREF II-DC Cameron, Toll Brothers West Inc., (Toll Brothers), and the City in a form
approved by the City Attorney. A6730.
3. Authorize the City Manager to execute all necessary documents.
M. APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH NAI
CONSULTING, INC., FOR ON-CALL PROJECT MANAGEMENT SERVICES
FOR VARIOUS FEDERALLY FUNDED TRANSPORTATION PROJECTS
In response to City Council inquiry, Assistant City Manager Fuller advised that bridge
projects are typically delayed due to right-of-way acquisition and environmental studies;
noted that funding opportunities are limited due to Caltrans restrictions on funding for
bridges over dry riverbeds.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. Approve a Professional Services Agreement with NAI Consulting, Inc., a California
corporation, in an amount not to exceed $900,000 for “on-call” project management/grant
administration services for various federally funded transportation projects with an initial
term of three (3) years. A7261.
2. Authorize the issuance of Purchase Orders in amounts sufficient to cover the costs of
required services for separate Task Orders approved for project assignments pursuant to
the On-Call Agreement on a “pass through” basis, with funds received for Federal, State,
Regional, and Locally funded capital projects to NAI Consulting, Inc., through the term of
the On-Call Agreement for project management/grant administration services.
3. Authorize the City Manager to execute all necessary documents.
City Council Minutes March 20, 2019
City of Palm Springs Page 11
2. PUBLIC HEARINGS:
A. PUBLIC HEARING TO 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
Director of Planning Services Fagg, Police Captain Desmarais, and Special Counsel Rider
narrated a PowerPoint Presentation.
In response to City Council inquiries, Police Captain Desmarais advised that the lack of
surveillance camera footage has significantly impacted the Police Department’s ability to
conduct investigations and apprehend criminals; noted that the CUP specifically requires
monitoring of the parking lot during specified times; pointed out that the highlighted incidents
occurred in the late evening/early morning when no other nearby businesses were open.
In response to City Council inquiry, Director Fagg advised that violation of any of the
conditions of approval is grounds for revocation of the Conditional Use Permit and that the
City Council may set limits on when the revocation will occur.
Mayor Moon opened the Public Hearing.
Joe Gibbs, Attorney, requested that the City Council consider a temporary suspension
rather than revocation of the permit; recommended that the City require a monthly report
from the operator stating that the security system is operable and in good condition;
questioned whether the Police Department provided adequate notice to the operator
regarding the incidents occurring in and around the property, noting that the operator was
unaware of the violent incidents.
Mike McCormick, President of Fury Investments, stated that he was unaware that the
Police Department requested surveillance camera footage; stated that he replaced the
exterior cameras on several occasions, citing that homeless individuals would vandalize or
steal the equipment; advised that the security cameras are now installed and operational.
The following individuals spoke in support of Zelda’s Nightclub, urging that the City
Council find a solution in which Zelda’s may continue to operate:
Emma Essman
Rick Essman
Lisa Robles
John Park
Steve Johns
Sal Zavala
Mariah Hanson
Vince Mascaro
Julie Mazet
Samuel Moore
Greg Rivers
Patricia Breslin
Veronica
Paul Mediano
Najet Kohan
Laura Castillo
Ashley
Jocelyn Kane
John McCormick
Audrey Joseph
Daryl Terrell
Andrew Smith
Dustin Strong
City Council Minutes March 20, 2019
City of Palm Springs Page 12
Kim Chrapliwy, expressed concern that the operator has not taken responsibility nor
appropriate actions over the past seven years to fix the surveillance camera system.
Joe Gibbs, voiced concern that the City has submitted evidence during its presentation that
he did not review prior to the meeting and urged the City Council to accept his proposal
for modifications to the CUP.
There being no others desiring to speak, Mayor Moon closed the Public Hearing.
In response to City Council inquiries, Mr. McCormick advised that he did meet with
security personnel after significant incidents, but that his staff was unable to recall any
details regarding the perpetrators; stated that security personnel do check for weapons
using hand-wands, pat downs, and they check purses; stated that he may have receipts for
the prior camera systems; expressed remorse for the families and employees impacted by
the violent incidents.
In response to additional inquiries, Mr. McCormick stated that he was aware of the
requirement for interior and exterior security cameras; stated that he did not know the
cameras were non-operational and that the Police Department made several requests for
footage; stated that he did not report the vandalism to the camera system to the Police
Department; reviewed the number of security personnel during weekdays and weekends;
opined that he has complied with the CUP but that improvements could be made and that
the increase in violent incidents is a result of today’s world.
In response to City Council inquiries, Police Captain Desmarais advised that similar
nightclub venues have a high number of calls for service, but that Zelda’s is the only
location with the high number of violent incidents.
In response to City Council inquiries, Police Chief Reyes opined the Mr. McCormick is
cooperative with the Police Department but that there appears to be a disconnect in
communication between his staff and himself; suggested that Mr. McCormick needs to
review operations and security in consultation with the Police Department; recommended
that the Police Department work with Mr. McCormick to develop a comprehensive security
plan over the next 45 days.
Mr. McCormick agreed to an immediate suspension to allow for the Police Department to
work with Mr. McCormick to develop a comprehensive security plan.
Mayor Moon spoke in favor of revoking the CUP, opining that the owner has the
responsibility for managing the business’ security plan and Mr. McCormick has
demonstrated a disregard for his responsibilities.
Councilmember Roberts requested that Fury Investments, Inc., produce evidence
demonstrating that security cameras were purchased and installed between 2012 to present.
City Council Minutes March 20, 2019
City of Palm Springs Page 13
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 4-1 (MAYOR MOON VOTING NO), to:
1. Continue the Public Hearing to the City Council meeting of May 22, 2019.
2. Suspend operations at Zelda’s Nightclub effective immediately and it may not operate
until the City Council reviews and approves a new security plan prepared by the Palm
Springs Police Department. All costs associated with the preparation of a new security
plan shall be paid by Fury Investments, Inc.
MEETING RECESS:
The City Council recessed at 10:00 p.m. and reconvened at 10:17 p.m. with all members present.
B. ADOPTION OF AN URGENCY ORDINANCE ADDING CHAPTER 5.85 TO THE
PALM SPRINGS MUNICIPAL CODE (PSMC) RELATIVE TO TENANT
RELOCATION AND PROTECTION REQUIREMENTS, CASE 5.1476
Director of Planning Services Fagg presented the staff report.
Mayor Moon opened the Public Hearing.
Kathy Weremuik, urged the City Council to adopt the proposed ordinance.
There being no others desiring to speak, Mayor Moon closed the Public Hearing.
MOTION BY COUNCILMEMBER MIDDLETON SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to adopt Ordinance No. 1986 entitled “AN URGENCY
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADOPTING CHAPTER 5.85 OF THE PALM SPRINGS MUNICIPAL
CODE (PSMC) REQUIRING CERTAIN TENANT RELOCATION AND PROTECTION
BE PROVIDED AS A CONDITION OF APPROVAL OF ENTITLEMENTS TO
CONVERT RENTAL MULTIFAMILY HOUSING TO OTHER USES.”
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS: None.
City Council Minutes March 20, 2019
City of Palm Springs Page 14
5. NEW BUSINESS:
A. DISCUSSION ON TEMPORARY PERIMETER FENCING ALONG
CONSTRUCTION SITES, OR VACANT, ABANDONED, UNDEVELOPED
PROPERTY AND PROVIDE DIRECTION ON NEXT STEPS
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to refer to an Ad Hoc Subcommittee consisting of
Councilmember Roberts and Mayor Pro Tem Kors.
B. DISCUSSION OF THE CITY’S NOISE ORDINANCE AND RELATED
REGULATIONS
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to refer to the City Council Subcommittee on Special Events
and rename the Subcommittee, Special Event and Noise Ordinance.
C. DISCUSSION REGARDING THE TEMPORARY MORATORIUM ON
CONVERSIONS OF GOLF COURSES FOR OTHER USES
Director of Planning Services Fagg presented the staff report.
In response to City Council inquiry, Director Fagg advised that golf courses under a Bureau
of Indian Affairs federal lease would not be subject to the Golf Course Conversion
Ordinance, which include Bel Air Greens, Cathedral Canyon Country Club, and Indian
Canyons Golf Resort, and a portion of Mesquite Golf and Country Club.
Councilmember Holstege requested that a chart be included in the next staff report which
outlines the processes for converting each golf course, as if the ordinance were not to be
adopted.
By consensus, the City Council directed staff to schedule a Public Hearing on the proposed
Golf Course Conversion Ordinance and to maintain the existing moratorium.
D. PROPOSED RESOLUTION AUTHORIZING THE IMPLEMENTATION OF THE
CANNABIS SOCIAL EQUITY PROGRAM ESTABLISHING A ZERO-DOLLAR
CANNABIS PERMIT FEE FOR PROGRAM PARTICIPANTS AND AUTHORIZE
APPLICATION FOR STATE EQUITY GRANT FUNDING
Special Programs Compliance Official Goedhart presented the staff report and responded
to City Council inquiries.
Councilmember Holstege requested that staff return to City Council if the grant funding is
not awarded to the City, noting that the City Council may desire to fund the program.
City Council Minutes March 20, 2019
City of Palm Springs Page 15
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
ROBERTS, CARRIED 5-0, to:
1. Adopt Resolution No. 24581 entitled “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE
IMPLEMENTATION OF THE CANNABIS SOCIAL EQUITY PROGRAM
ESTABLISHING A ZERO-DOLLAR CANNABIS PERMIT FEE FOR PROGRAM
PARTICIPANTS.”
2. Authorize the City Manager to execute all documents consistent with this Resolution.
PUBLIC COMMENT:
Julie Rupp, voiced concern that her neighbor is not maintaining his property and that it should be
condemned.
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT:
Councilmember Kors noted that consideration of adopting procedures for the selection of Mayor
and Mayor Pro Tem will be agendized for May 3, 2019; requested that the proposed non-smoking
ordinance be disseminated to the City Council.
The City Council agreed that consideration of the CVRA Working Groups Recommendations
should be agendized for a Regular City Council meeting and requests for additional information
should be directed to staff.
ADJOURNMENT:
The City Council adjourned at 11:06 p.m.
Respectfully submitted,
Anthony J. Mejia, MMC
City Clerk
APPROVED BY CITY COUNCIL: 06/05/2019