HomeMy WebLinkAbout2019-02-20 CC MINUTESWednesday, February 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, February 20, 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; Mayor Pro Tem Geoff Kors;
and Mayor Robert Moon.
Absent: Councilmember J.R. Roberts.
City Staff
Present: David H. Ready, City Manager; Edward Z. Kotkin, 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:
Brian Grubber, presentation of the Fiscal Year 2017-18 Financial Audit by Lance, Soll, and
Lunghard LLP, the City's independent auditors.
ACCEPTANCE OF THE AGENDA:
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER HOLSTEGE,
CARRIED 4-0, to add to the agenda an update on the storm damage based on the finding that the
matter came to the attention after the posting of the agenda and there is a need for immediate
action.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM KORS,
CARRIED 4-0, to remove Consent Calendar Item Nos. 1D, 1E, and 1K for separate discussion.
City Council Minutes February 20, 2019
City of Palm Springs Page 2
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of February 20, 2019, was called to order by
Mayor Moon at 4:00 p.m., with all members present.
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
Case No. RIC1703102, Riverside Superior Court, Riverside Division
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION, Pursuant to
Government Code Section 54956.9(d)(2):
Number of Anticipated Cases: Seven (7)
CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION, Pursuant to
Government Code Section 54956.9(d)(4):
Number of Cases: Five (5), including the following:
ENGIE Services US (predecessors Chevron Energy Solutions Company, a Division of
Chevron USA, Inc., and OpTerra), regarding City of Palm Springs Municipal Cogeneration
Plant
Hal Hays Construction, Inc., regarding City Project 15-05, City of Palm Springs Police
Department Remodel
PUBLIC EMPLOYEE PERFORMANCE EVALUATION, Pursuant to Government Code Section
54957(b)(1):
City Attorney
CONFERENCE WITH REAL PROPERTY NEGOTIATORS, Pursuant to Government Code
Section 54956.8
Property Address/Description: 980 E. Tahquitz Canyon Way, APN 508-056-010
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: Palm Springs Unified School District, Sandra Lyon,
Superintendent
Under Negotiation: Price and Terms of Payment (Lease)
City Council Minutes February 20, 2019
City of Palm Springs Page 3
CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957.6:
Agency Designated
Representatives: City Manager David Ready and Attorney Peter Brown
Employee Organizations: Palm Springs Police Management Association
City Attorney Kotkin 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; announced that he is resigning his position as City Attorney effective February 28, 2019.
PUBLIC TESTIMONY:
Norm King, speaking on Item A, urged the City Council to establish a Brown Act compliant body
to review the recommendations in the CVRA Working Group’s report.
Alexis Ortega and Kathy Weremuik, speaking on Item A, voiced support for the recommendations
of the CVRA Working Group.
Grace Garner, speaking on Item A, spoke in support of the CVRA Working Group’s report.
Stephen Moses, speaking on Item A, stressed the importance of increasing compensation for the
City Council.
Robert Findley, speaking on Item A, opined that increasing compensation for City Council will
not help attract working individuals, pointing out that they would need to resign from the regular
jobs.
Ed McBride, Chair of the Library Board, speaking on Item 1A, summarized the activities of
Library Board of Trustees.
Jim Stuart, speaking on Item 1E, urged the City Council to renew the agreement with the Drug
Enforcement Agency.
Hank Bates, speaking on Item 3B, voiced support for the moratorium on cannabis-related
businesses in specified areas.
Steven Wijatyle, speaking on Item 3B, expressed opposition to the proposed moratorium, noting
that it will have negative consequences for his application to operate a cannabis-related business.
Julie Canby, speaking on Item 3B, conveyed opposition to the proposed moratorium.
Shane Canby, speaking on Item 3B, expressed opposition to the proposed moratorium.
Dieter Crawford, speaking on Item 3B, voiced support for the proposed moratorium, citing
concerns related to the oversaturation of cannabis-related businesses adjacent to residential areas.
City Council Minutes February 20, 2019
City of Palm Springs Page 4
Joy Brown Meredith, speaking on Items 3B and 5A, expressed support for the proposed
moratorium and reduction in taxes on cannabis-related businesses, pointing out that the City should
ensure that end user customers see the benefit of the tax reduction.
Rick Pantele, speaking on Item 3B and 5A, spoke on the importance of odor control in relation to
cannabis-related businesses and voiced support for the tax reduction.
Peter Maietta, speaking on Item 5A, recommended that the City Council conduct an impact study
on City services as a result of reducing taxes for cannabis-related businesses.
James Valesquez, speaking on Item 5A, expressed gratitude to the City Council for its
consideration of reducing taxes on cannabis-related businesses.
Carl Baker, speaking on Item 5A, voiced support for reducing taxes for cannabis-related
businesses.
Simone Sandoval, speaking on Item 5A, voiced support for reducing taxes for cannabis-related
businesses.
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS:
Director of Library Services Kays announced the availability of a free online high school diploma
program offered through the Library.
Councilmember Middleton provided an update on recent meetings and events; advised that the
Coachella Valley Association of Governments Transportation Committee is supporting efforts to
allow cities more flexibility in regulating local speed limits.
Mayor Pro Tem Kors announced that a campaign to promote local small businesses entitled
“Uniquely Palm Springs” launched over the past week; requested that consideration of amending
the Salton Sea Resolution and discussion of the Community Block Development Grant process be
agendized for the next City Council meeting; requested that establishment of construction fencing
standards be agendized for City Council consideration.
Councilmember Holstege provided a status report on homelessness issues; encouraged residents
to participate in the Black History Parade and Street Fair on February 23, 2019; provided an update
on recent meetings and events.
1. CONSENT CALENDAR:
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-0, to approve the Consent Calendar, with the removal of Consent
Calendar Item Nos. 1D, 1E, and 1K for separate discussion.
City Council Minutes February 20, 2019
City of Palm Springs Page 5
A. PALM SPRINGS BOARD OF LIBRARY TRUSTEES ANNUAL REPORT FOR
FISCAL YEAR 2017-18
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-0, to receive and file the Palm Springs Board of Library
Trustees Annual Report for Fiscal Year 2017-18.
B. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-0, to:
1. Adopt Resolution No. 24563 entitled “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS FOR THE PERIOD ENDED 12-01-2018 BY WARRANTS
NUMBERED 420523, 420536 THROUGH 420554 TOTALING $59,591.37,
LIABILITY CHECKS NUMBERED 1103089 THROUGH 1103107 TOTALING
$76,900.69, FOUR WIRE TRANSFERS FOR $88,156.26, AND TEN ELECTRONIC
ACH DEBITS OF $2,034,118.54 IN THE AGGREGATE AMOUNT OF
$2,258,766.86, DRAWN ON BANK OF AMERICA.”
2. Adopt Resolution No. 24564 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1103108 THROUGH
1103191 IN THE AGGREGATE AMOUNT OF $2,648,145.90, DRAWN ON BANK
OF AMERICA.”
3. Adopt Resolution No. 24565 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1103192 THROUGH
1103349 IN THE AGGREGATE AMOUNT OF $978,760.21, DRAWN ON BANK
OF AMERICA."
4. Adopt Resolution No. 24566 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS FOR THE PERIOD ENDED 12-15-2018 BY WARRANTS
NUMBERED 420555 THROUGH 420568 TOTALING $58,077.37, LIABILITY
CHECKS NUMBERED 1103350 THROUGH 1103368 TOTALING $71,427.93,
FOUR WIRE TRANSFERS FOR $59,042.04, AND TEN ELECTRONIC ACH
DEBITS OF $1,662,447.03 IN THE AGGREGATE AMOUNT OF $1,850,994.37,
DRAWN ON BANK OF AMERICA."
5. Adopt Resolution No. 24567 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1103369 THROUGH
1103473 IN THE AGGREGATE AMOUNT OF $1,203,583.06, DRAWN ON BANK
OF AMERICA."
6. Adopt Resolution No. 24568 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1103474 THROUGH
1103530 IN THE AGGREGATE AMOUNT OF $2,042,665.46, DRAWN ON BANK
OF AMERICA."
City Council Minutes February 20, 2019
City of Palm Springs Page 6
C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE
MONTH OF JANUARY 2019
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-0, to receive and file the report of Staff Authorized
Agreements and Purchase Orders for the period of January 1 through January 31, 2019.
D. ACCEPTANCE OF DONATION FROM THE AGUA CALIENTE BAND OF
CAHUILLA INDIANS IN THE AMOUNT OF $25,000 FOR THE PALM SPRINGS
POLICE EXPLORERS
This item was excluded from the Consent Calendar. Please refer to Page 9 of these minutes
for a summary of that action.
E. RENEW AGREEMENT WITH DRUG ENFORCEMENT AGENCY TO
PARTICIPATE IN TASK FORCE
This item was excluded from the Consent Calendar. Please refer to Page 9 of these minutes
for a summary of that action.
F. ACCEPTANCE OF THE WASTEWATER TREATMENT PLANT UPGRADE
PROJECT, CP 15-14
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-0, to:
1. Accept the public works improvement identified for the Palm Springs Wastewater
Treatment Plant Upgrade Project, CP 15-14, as completed in accordance with the plans
and specifications. A6915.
2. Authorize the City Engineer to execute and file for recordation with the Riverside County
Recorder a Notice of Completion for the Palm Spring Wastewater Treatment Plant
Upgrade Project, CP 15-14.
G. ACCEPTANCE OF BID (IFB) 19-01 FOR PURCHASE OF EMULSIFIED
SURFACE SEALANT TO MAINTAIN AIRPORT PAVEMENTS
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-0, to:
1. Approve the purchase of 10,800 gallons of emulsified surface sealant, as specified in
Invitation for Bid (IFB) 19-01, from Granite Construction Company of Indio, California,
in the amount of $112,791.00.
2. Authorize City Manager to execute all necessary documents.
City Council Minutes February 20, 2019
City of Palm Springs Page 7
H. ACCEPTANCE OF THE PALM SPRINGS CONVENTION CENTER PARKING
LOT (PHASE 2), CP 17-14
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-0, to:
1. Accept the public works improvement identified for the Palm Springs Convention Center
Parking Lot (Phase 2), CP 17-14, as completed in accordance with the plans and
specifications. A7138.
2. Authorize the City Engineer to execute and file for recordation with the Riverside County
Recorder a Notice of Completion for the Palm Springs Convention Center Parking Lot
(Phase 2), CP 17-14.
I. REPORT OF EMERGENCY REPAIRS TO UNDERGROUND POTABLE WATER
LINES AND VALVES AT PALM SPRINGS INTERNATIONAL AIRPORT
PURSUANT TO PALM SPRINGS MUNICIPAL CODE SECTION 7.04.040
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-0, to receive and file the report of emergency repairs to the
airport plumbing system with a final cost of $39,771.93.
J. SECOND READING AND ADOPTION OF ORDINANCE NO. 1977 OF THE CITY
OF PALM SPRINGS, CALIFORNIA, ESTABLISHING GENERAL STANDARDS
FOR MIXED-USE DEVELOPMENT AND ALLOWING UP TO 70 DWELLING
UNITS PER ACRE IN THE DOWNTOWN CENTRAL CORE AREA AS
PERMITTED BY THE CITY OF PALM SPRINGS GENERAL PLAN, CASE 5.1465
ZTA
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-0, to adopt Ordinance No. 1977 entitled “AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADOPTING AN AMENDMENT TO THE PALM SPRINGS ZONING CODE
RELATING TO MIXED-USE DEVELOPMENT IN THE CBD (CENTRAL BUSINESS
DISTRICT), C-1 (RETAIL BUSINESS) AND C-2 (GENERAL BUSINESS) ZONES,
CASE 5.1465 ZTA.”
K. SECOND READING AND ADOPTION OF ORDINANCE NO. 1978 OF THE CITY
OF PALM SPRINGS, CALIFORNIA, ADOPTING AMENDMENTS TO THE
PALM SPRINGS ZONING CODE RELATING TO REGULATIONS FOR
PLANNED DEVELOPMENT DISTRICTS, CASE 5.1439 ZTA
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 February 20, 2019
City of Palm Springs Page 8
L. SECOND READING AND ADOPTION OF ORDINANCE NO. 1979, AMENDING
THE PALM SPRINGS ZONING CODE TO ESTABLISH THE R-1-E ZONE, A
NEW SMALL-LOT SINGLE-FAMILY RESIDENTIAL ZONE, CASE 5.1398 ZTA
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-0, to adopt Ordinance No. 1979 entitled “AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE PALM SPRINGS ZONING CODE TO ESTABLISH THE
R-1-E ZONE, A NEW SMALL-LOT SINGLE-FAMILY RESIDENTIAL ZONE,
CASE 5.1398 ZTA."
M. SECOND READING AND ADOPTION OF ORDINANCE NO. 1980, AMENDING
THE PALM SPRINGS MUNICIPAL CODE MODIFYING PROVISIONS
RELATED TO THE ADMINISTRATIVE APPEALS BOARD AND PROVIDING
FOR ALTERNATE BOARD MEMBERS
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-0, to adopt Ordinance No. 1980 entitled “AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTIONS 2.50.030, 2.50.040, AND 2.50.060 OF THE PALM SPRINGS
MUNICIPAL CODE MODIFYING PROVISIONS RELATED TO THE
ADMINISTRATIVE APPEALS BOARD AND PROVIDING FOR ALTERNATE
BOARD MEMBERS.”
N. APPROVE A SOLE SOURCE AGREEMENT WITH ENVIRONMENTAL
SYSTEMS RESEARCH INSTITUTE (ESRI) FOR ENTERPRISE GIS SOFTWARE
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-0, to:
1. Approve a three-year sole source agreement with ESRI in the amount of $35,000 per
year not to exceed $105,000 over the three year contract period.
2. Authorize the City Manager to execute all necessary documents.
O. APPROVAL OF MINUTES
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-0, to approve the City Council Meeting Minutes of April 18
and April 19, 2019.
City Council Minutes February 20, 2019
City of Palm Springs Page 9
EXCLUDED CONSENT CALENDAR:
D. ACCEPTANCE OF DONATION FROM THE AGUA CALIENTE BAND OF
CAHUILLA INDIANS IN THE AMOUNT OF $25,000 FOR THE PALM SPRINGS
POLICE EXPLORERS
The City Council expressed gratitude to the Agua Caliente Band of Cahuilla Indians for
their donation.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
KORS, CARRIED 4-0, to:
1. Approve the acceptance of a donation award from the Agua Caliente Band of Cahuilla
Indians in the amount of $25,000.
2. Authorize the City Manager to execute all necessary documents.
E. RENEW AGREEMENT WITH DRUG ENFORCEMENT AGENCY TO
PARTICIPATE IN TASK FORCE
In response to City Council inquiry, Police Chief Reyes advised that the City’s non -
discrimination contract provisions and Sanctuary City status will not impede the City’s
participation in the subject task force.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 4-0, to:
1. Renew an agreement with the Drug Enforcement Agency through September 30, 2019.
A5711.
2. Authorize the City Manager to execute all necessary documents.
K. SECOND READING AND ADOPTION OF ORDINANCE NO. 1978 OF THE CITY
OF PALM SPRINGS, CALIFORNIA, ADOPTING AMENDMENTS TO THE
PALM SPRINGS ZONING CODE RELATING TO REGULATIONS FOR
PLANNED DEVELOPMENT DISTRICTS, CASE 5.1439 ZTA
Following discussion, MOTION BY MAYOR PRO TEM KORS, SECOND BY
COUNCILMEMBER HOLSTEGE, CARRIED 4-0, to adopt Ordinance No. 1978 entitled
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADOPTING AMENDMENTS TO PALM SPRINGS ZONING CODE
(PSZC) SECTIONS 91.00.10, 93.05.00, AND 94.03.00 RELATING TO REGULATIONS
FOR PLANNED DEVELOPMENT DISTRICTS, CASE 5.1439 ZTA,” as amended to
strike “documented public safety issues” in relation to controlled access.
City Council Minutes February 20, 2019
City of Palm Springs Page 10
ITEM CONTINUED FROM THE LAST CITY COUNCIL MEETING:
A1. UPDATE ON DAMAGE FROM THE STORM AND FLOODING OCCURRING
ON FEBRUARY 14, 2019
City Manager Ready narrated a photo presentation and responded to City Council inquiries.
Nancy Stuart, Chair of the Mount San Jacinto Winter Park Authority, provided an update
on the damage to the Palm Springs aerial tramway, noting that the tramway will be closed
until repairs are completed.
In response to City Council inquiry, Assistant City Manager Fuller advised that the City
did acquire federal funding for a bridge structure at Palm Canyon and Bogart Trail, noting
that the project has been delayed due to right-of-way acquisition and litigation; noted that
the City possessed funding for a bridge connecting to Araby Cove, but it was halted due to
local residents opposition to the bridge.
City Manager Ready advised that the City has a public safety easement on Rim Road,
connecting to Araby Cove, but that it is uncertain whether the foundation could support a
ladder fire truck; stated that the City offered to make improvements to Rim Road, but that
the property owner declined; advised that the City has fire utility vehicles that could
respond during an emergency.
Assistant City Manager Fuller advised that the City Council and community need to
express strong support for a bridge connecting to Araby Cove before the City pursues state
and federal funding. The City Council requested that discussion of pursuing grant funding
for the subject bridge be agendized for a future City Council meeting.
Councilmember Middleton spoke on the importance of maintaining vehicular access on
Indian Canyon Drive, noting that paramedics from Desert Hot Springs are negatively
impacted during road closures.
The City Council requested that staff work with Spectrum Cable, cell service providers,
and the Animal Shelter to improve emergency reliability.
A. DISCUSSION OF THE CALIFORNIA VOTING RIGHTS ACT (CVRA)
COMMUNITY WORKING GROUP’S RECOMMENDATIONS
City Clerk Mejia presented the staff report and responded to City Council inquiries.
Councilmember Holstege opined that additional information is needed on comparable
cities and best practices in relation to each of the recommendations; suggested that a
diversity and inclusivity consultant review the recommendations and provide an opinion
on their impacts as a holistic approach toward embracing diversity; suggested that staff
provide recommendations and analysis on the impacts of the CVRA Working Group’s
recommendations.
City Council Minutes February 20, 2019
City of Palm Springs Page 11
Mayor Moon pointed out that individual Councilmembers will likely be contacted less
often and will receive fewer requests for appearances under the new District system;
suggested that the City Council explore imposing term limits.
The City Council requested that staff host two City Council Candidate Forums to be held
at the Demuth Community Center and James O. Jessie Unity Center.
By consensus, the City Council requested that staff schedule a Study Session, with the
CVRA Working Group, with the additional information requested and the full City Council
in attendance.
2. PUBLIC HEARINGS:
A. REQUEST BY THE CITY OF PALM SPRINGS FOR A ZONE TEXT
AMENDMENT TO AMEND PALM SPRINGS ZONING CODE SECTIONS
91.00.10, 92.01.01, AND 93.23.14 RELATING TO ACCESSORY SECOND UNITS
IN RESIDENTIAL ZONES, CASE 5.1447 ZTA
Director of Planning Services Fagg narrated a PowerPoint presentation and responded to
City Council inquiries.
Mayor Moon opened the Public Hearing.
Jim Franklin, representing the Palm Springs Regional Association of Realtors, voiced
support for the proposed ordinance.
There being no others desiring to speak, Mayor Moon closed the Public Hearing.
Following discussion, MOTION BY MAYOR PRO TEM KORS, SECOND BY
COUNCILMEMBER HOLSTEGE, CARRIED 4-0, to introduce Ordinance No. 1981
entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING PALM SPRINGS ZONE CODE SECTIONS 91.00.10,
92.01.01, AND 93.23.14 RELATING TO ACCESSORY SECOND UNITS IN
RESIDENTIAL ZONES (CASE 5.1447 ZTA),” with the following direction:
a. Eliminate the requirement for separate utility meters between the units;
b. Allow concurrent long-term rentals of the main unit and secondary unit;
c. Eliminate the requirement for agreement recordation with the County; and
d. Add availability of on-street parking to the criteria for granting a parking waiver.
City Council Minutes February 20, 2019
City of Palm Springs Page 12
3. LEGISLATIVE:
A. ADOPTION OF AN ORDINANCE TO AMEND THE PALM SPRINGS
MUNICIPAL CODE TO CHANGE GENERAL MUNICIPAL ELECTION DATES
TO COINCIDE WITH STATEWIDE GENERAL ELECTIONS IN NOVEMBER
OF EVEN-NUMBERED YEARS
City Clerk Mejia presented the staff report.
Following discussion, MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
MAYOR PRO TEM KORS, CARRIED 4-0, to adopt Ordinance No. 1982 entitled “AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 2.02.010
“GENERAL MUNICIPAL ELECTIONS” RELATING TO CHANGING THE
GENERAL MUNICIPAL ELECTION DATE TO THE FIRST TUESDAY AFTER THE
FIRST MONDAY IN NOVEMBER OF EACH EVEN-NUMBERED YEAR,
COMMENCING WITH THE GENERAL MUNICIPAL ELECTION OF NOVEMBER
2020, IN ORDER TO COMPLY WITH SENATE BILL 415.”
B. INTERIM URGENCY ORDINANCE ADOPTING 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, FOR CONSIDERATION
OF APPROPRIATE AMENDMENTS TO THE GENERAL PL AN, MUNICIPAL
CODE AND ZONING CODE IN ACCORDANCE WITH GOVERNMENT CODE
SECTION 65858
City Attorney Kotkin presented the staff report and responded to City Council inquiries.
Following discussion, MOTION BY MAYOR PRO TEM KORS, SECOND BY
COUNCILMEMBER HOLSTEGE, CARRIED 4-0, to adopt Ordinance No. 1983 entitled
“AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING 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, FOR
CONSIDERATION OF APPROPRIATE AMENDMENTS TO THE GENERAL PLAN,
MUNICIPAL CODE AND ZONING CODE IN ACCORDANCE WITH GOVERNMENT
CODE SECTIONS 65858.”
4. UNFINISHED BUSINESS: None.
City Council Minutes February 20, 2019
City of Palm Springs Page 13
5. NEW BUSINESS:
A. PROPOSED RESOLUTION REDUCING THE CANNABIS BUSINESS ACTIVITY
TAX RATE ON MANUFACTURING TO TWO PERCENT (2%), AND
SUSPENDING THE TAX ON TRANSPORTATION AND DISTRIBUTION
FACILITIES, AND TESTING FACILITIES
Mayor Pro Tem Kors presented the City Council Subcommittee’s report and responded to
City Council inquiries.
In response to City Council inquiry, Finance Director Pauley noted that the cannabis audit
fees will not be impacted by the reduction in taxes.
Mayor Moon voiced opposition to the proposal, noting that he does not support additional
manufacturing and distribution facilities in Palm Springs.
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 3-1 (MAYOR MOON VOTING NO), to:
1. Adopt Resolution No. 24569 entitled “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, REDUCING THE CANNABIS
BUSINESS ACTIVITY TAX RATE ON MANUFACTURING TO TWO PERCENT
(2%), AND SUSPENDING THE TAX ON TRANSPORTATION AND
DISTRIBUTION FACILITIES, AND TESTING FACILITIES.”
2. Authorize the City Manager to execute all documents consistent with this Resolution.
City Council Minutes February 20, 2019
City of Palm Springs Page 14
B. TERMINATION OF CONTRACTOR’S RIGHT TO PERFORM CONTRACT FOR
DEFAULT WITH HAL HAYS CONSTRUCTION, INC., FOR THE POLICE
DEPARTMENT REMODEL REBID, CP 14-05
Assistant City Manager Fuller presented the staff report and responded to City Council
inquiries.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
KORS, CARRIED 4-0, to:
1. Adopt Resolution No. 24570 entitled “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, FINDING THAT HAL HAYS CONSTRUCTION,
INC., A CALIFORNIA CORPORATION, IS IN DEFAULT OF THAT CERTAIN
CONSTRUCTION CONTRACT (AGREEMENT NO. 7038) RELATED TO THE
POLICE DEPARTMENT REMODEL REBID, CITY PROJECT NO. 14-05;
AUTHORIZING ISSUANCE OF A NOTICE OF TERMINATION OF
CONTRACTOR’S PERFORMANCE TO CONTRACTOR AND SURETY IN
ACCORDANCE WITH SECTION 6-4 “DEFAULT BY THE CONTRACTOR” OF
THE SPECIAL PROVISIONS; AND IN THE EVENT OF A SURETY DEFAULT,
DECLARING A LOCAL EMERGENCY PURSUANT TO SECTION 20168 OF THE
CALIFORNIA PUBLIC CONTRACT CODE, PALM SPRINGS MUNICIPAL CODE
SECTION 7.04.040, AND CITY CHARTER SECTION 300; AND AUTHORIZING
THE CITY MANAGER TO AWARD REPLACEMENT CONSTRUCTION
CONTRACTS WITHOUT COMPETITIVE SOLICITATION FOR BIDS
PURSUANT TO SECTION 22050 OF THE CALIFORNIA PUBLIC CONTRACT
CODE, AS NECESSARY TO IMMEDIATELY AND EXPEDITIOUSLY
COMPLETE WORK AT THE PALM SPRINGS POLICE STATION." A7038.
2. Approve Amendment No. 6 in the amount of $60,000 to the Consulting Services
Agreement with Urrutia Architects for a revised total contract amount of $258,455 for
extended construction phase services related to the Police Department Remodel Rebid, CP
14-05. A6465.
3. Authorize the City Manager to execute all necessary documents.
C. ADOPTION OF A RESOLUTION ESTABLISHING PROCEDURES FOR THE
SELECTION OF A MAYOR AND MAYOR PRO TEM
This item was deferred to a future City Council meeting.
D. UPDATE ON DESERT COMMUNITY ENERGY RENEWABLE PRODUCT
OPTIONS - REPORT FROM CVAG DESERT COMMUNITY ENERGY BOARD
CITY APPOINTEE
This item was deferred to a future City Council meeting.
City Council Minutes February 20, 2019
City of Palm Springs Page 15
PUBLIC COMMENT:
Allen Worthy, urged the City Council to settle his claim against the City.
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT:
City Manager Ready noted that staff will schedule a Goal Setting Session in the March/April 2019
timeframe.
Mayor Pro Tem Kors requested that the Desert Community Energy discussion item be agendized
for the City Council meeting of March 6, 2019; requested that staff determine if the Convention
Center Operations Agreement needs another extension; requested that staff agendize renewal of
the tenant protection ordinance prior to its sunset in April 2019.
ADJOURNMENT:
The City Council adjourned at 11:25 p.m.
Respectfully submitted,
Anthony J. Mejia, MMC
City Clerk
APPROVED BY CITY COUNCIL: 06/05/2019