HomeMy WebLinkAbout2019-02-06 CC MINUTESWednesday, February 6, 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 6, 2019, at 6:00 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.
*Councilmember Roberts left the Council Chamber at 10:25 p.m.
Absent: None.
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:
Councilmember Roberts and Mayor Moon reported on the success of the Plaza Theater
Community Forum and efforts to restore the theater.
Councilmember Middleton reported on the Sunline Transit Agency’s ribbon cutting ceremony for
the Buzz Trolley.
ACCEPTANCE OF THE AGENDA:
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM KORS,
CARRIED 5-0, to remove Consent Calendar Item Nos. 1D, 1G, 1I, 1J, and IL for separate
discussion.
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of February 6, 2019, was called to order by Mayor
Moon at 4:00 p.m., with all members present.
City Council Minutes February 6, 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
Case No. RIC1703102, Riverside Superior Court, Riverside Division
Timothy A. Garrett v. City of Palm Springs
Case No. PSC 1702958, Superior Court of the State of California, County of Riverside
David Edwin Bell v. City of Palm Springs
Case No. RIC 1901178, Superior Court of the State of California, County of Riverside
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION, Pursuant to
Government Code Section 54956.9(d)(2):
Number of Anticipated Cases: Eight (8)
CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION, Pursuant to
Government Code Section 54956.9(d)(4):
Number of Cases: Six (6)
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)
Property Address/Description: 3.6 Acres at SE corner of Indian Canyon Drive and
San Rafael Road APN 501-031-028
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: Community Housing Opportunities Corporation (CHOC)
Under Negotiation: Price and Terms of Payment (Sale)
City Council Minutes February 6, 2019
City of Palm Springs Page 3
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 H. Ready, City Manager or Designee
Negotiating Parties: State of California Caltrans
Under Negotiation: Price and Terms of Payment (Relinquishment)
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
Service Employees International Union Local 721
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.
PUBLIC TESTIMONY:
Elsie Danielsson, speaking on Item 1L, recommended that the question of whether to declare Palm
Springs as a Sanctuary City be submitted to the voters.
Daryl Terrell, speaking on Item 1L, urged the City Council to adopt the proposed resolution
declaring Palm Springs as a Sanctuary City.
Yasmin Espinoza, speaking on Item 1L, voiced support for the proposed resolution declaring Palm
Springs as a Sanctuary City.
Edward Holzhauer, speaking on Item 1L, requested that the City Council adopt the resolution
declaring Palm Springs as a Sanctuary City.
Dieter Crawford, speaking on Item 5D, voiced support for the recommendations of the CVRA
Community Working Group; expressed gratitude to the City Council for addressing cannabis
cultivation and distribution odor complaints.
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS:
Mayor Pro Tem Kors provided a status report on Desert Community Energy and PS Resorts;
requested that staff agendize consideration of renewing the agreement with PS Resorts; noted that
he was selected to serve as Vice Chair of the Greater Palm Springs Convention and Visitors Bureau
and Desert Community Energy; requested that cannabis tax rates and a moratorium for industrial
zones adjacent to the Desert Highland Gateway neighborhood be agendized for February 20, 2019.
Councilmember Roberts provided a status report on the City Council Subcommittee on cannabis-
related issues.
City Council Minutes February 6, 2019
City of Palm Springs Page 4
Councilmember Middleton commended the Red Cross for installing over 160 smoke detectors at
the Sahara Mobile Home Park; provided an update on her recent activities and meetings; requested
that staff schedule a study session to discuss options related to the future of the Library.
City Manager Ready expressed gratitude to the Agua Caliente Band of Cahuilla Indians for their
donation to purchase new medic equipment for the Fire Department.
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to approve the Consent Calendar, with the removal of Consent
Calendar Item Nos. 1D, 1G, 1I, 1J, and IL for separate discussion.
A. TREASURER’S INVESTMENT REPORT AS OF DECEMBER 31, 2018
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to receive and file the Treasurer’s Investment Report as of
December 31, 2018.
B. APPROVAL OF A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY
REQUEST BY ROBERT OLIVER FROST FOR A TYPE 40 (ON SALE BEER)
LIQUOR LICENSE FOR THE MESQUITE GOLF CLUB LOCATED AT 2700
EAST MESQUITE AVENUE, ZONE PD-153, CASE 5.0173 PCN
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 24555 entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DETERMINING THAT THE PUBLIC CONVENIENCE WOULD BE SERVED BY
THE ISSUANCE OF AN ON-SALE BEER LICENSE (TYPE 40) AT THE GOLF
COURSE PROPERTY LOCATED AT 2700 EAST MESQUITE AVENUE, WITHIN
CENSUS TRACT NO. 9407.”
C. SEPHORA USA, INC. FOR AN ART MURAL ON THE EAST ELEVATION OF
THE EXISTING BUILDING LOCATED ON BLOCK “B” OF THE DOWNTOWN
PALM SPRINGS SPECIFIC PLAN AT 175 NORTH PALM CANYON DRIVE,
CASE 18-007 MUR
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 24556 entitled, “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING AN ART MURAL ON THE EAST ELEVATION OF AN EXISTING
BUILDING LOCATED AT 175 NORTH PALM CANYON DRIVE, CASE 18-007
MUR.”
City Council Minutes February 6, 2019
City of Palm Springs Page 5
D. AMENDMENT NO. 5 TO AGREEMENT A6288 WITH NBS GOVERNMENT
FINANCE GROUP FOR FEASIBILITY ANALYSIS (BONDED) FOR INDIAN
CANYON DRIVE AND GARNET AVENUE SEWER INFRASTRUCTURE
This item was excluded from the Consent Calendar. Please refer to Page 7 of these minutes
for a summary of that action.
E. SECOND READING AND ADOPTION OF ORDINANCE NO. 1972 AMENDING
CHAPTER 5.26 OF THE PALM SPRINGS MUNICIPAL CODE, RE-
ESTABLISHING THE HOTEL OPERATIONS INCENTIVE PROGRAM
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to adopt Ordinance No. 1972 entitled "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING CHAPTER 5.26 OF THE PALM SPRINGS MUNICIPAL CODE, RE-
ESTABLISHING THE HOTEL OPERATIONS INCENTIVE PROGRAM."
F. RATIFICATION OF THE ANNUAL ADJUSTMENT OF THE ACCESS LINE
RATE APPROVED BY THE VOTERS BY MEASURE “G” PURSUANT TO PALM
SPRINGS MUNICIPAL CODE § 3.39.050
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 24557 entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
RATIFYING THE ANNUAL ADJUSTMENT OF THE ACCESS LINE RATE
PURSUANT TO PALM SPRINGS MUNICIPAL CODE § 3.39.050 APPROVED BY
THE VOTERS BY MEASURE “G.”
G. MEMORANDUM OF UNDERSTANDING WITH THE SERVICE EMPLOYEES
INTERNATIONAL UNION LOCAL 721
This item was excluded from the Consent Calendar. Please refer to Page 7 of these minutes
for a summary of that action.
H. APPROVE A THREE YEAR AGREEMENT FOR VACATION RENTAL
HOTLINE CALL CENTER SERVICES
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Approve an agreement with Central Communications, a brand of MAP Communications,
Inc of Chesapeake, Virginia for call center services for an estimated cost of $10,080
(12,000 minutes) per year at the unit prices stated in the contract for three years, with two
(2) one-year options to extend the agreement subject to a CPI adjustment. A6959.
2. Authorize the City Manager to execute all necessary documents.
City Council Minutes February 6, 2019
City of Palm Springs Page 6
I. AUTHORIZE A PURCHASE ORDER WITH DAVID EVANS AND ASSOCIATES,
INC., IN AN AMOUNT NOT TO EXCEED $32,000, FOR DESIGN SERVICES OF
PICKLEBALL COURTS AT SUNRISE PARK, CP 19-06
This item was excluded from the Consent Calendar. Please refer to Page 8 of these minutes
for a summary of that action.
J. COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS REPORT ON
HOMELESSNESS
This item was excluded from the Consent Calendar. Please refer to Page 8 of these minutes
for a summary of that action.
K. AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT WITH NCM
ENVIRONMENTAL SOLUTIONS, INC. FOR CANNABIS ODOR CONTROL
AND COMPLIANCE SERVICES
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Approve Amendment No. 1 to the Contract Services Agreement with NCM Environmental
Services, Inc. for cannabis odor control and compliance services, in a total amount not to
exceed fifty thousand dollars ($50,000).
2. Authorize the City Manager to execute all necessary documents.
L. CONSIDER ADOPTION OF A RESOLUTION PROCLAIMING THE CITY OF
PALM SPRINGS AS A SANCTUARY CITY
This item was excluded from the Consent Calendar. Please refer to Page 8 of these minutes
for a summary of that action.
M. ENDORSEMENT OF COUNCILMEMBER LISA MIDDLETON FOR
APPOINTMENT TO THE REGIONAL COUNCIL FOR THE SOUTHERN
CALIFORNIA ASSOCIATION OF GOVERNMENTS
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to endorse Councilmember Lisa Middleton for appointment
to the Southern California Association of Governments Regional Council.
City Council Minutes February 6, 2019
City of Palm Springs Page 7
N. APPROVE A CONTRACT AMENDMENT WITH SCENE CREATIVE FOR
EVENT AND PROJECT MANAGEMENT CONSULTING SERVICES
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Approve Amendment No. 1 to Agreement No. A7219 with Scene Creative in an amount
not to exceed $12,600, for a total contract amount of $36,600 for project and event
management services.
2. Authorize the City Manager to execute all necessary documents.
EXCLUDED CONSENT CALENDAR:
D. AMENDMENT NO. 5 TO AGREEMENT A6288 WITH NBS GOVERNMENT
FINANCE GROUP FOR FEASIBILITY ANALYSIS (BONDED) FOR INDIAN
CANYON DRIVE AND GARNET AVENUE SEWER INFRASTRUCTURE
Councilmember Kors requested that staff develop a plan for ensuring that
nondiscrimination language is included in all contracts and amendments.
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Approve Amendment No. 5 to Agreement No. A6288 with NBS Government Finance
Group to conduct feasibility analysis (bonded) for Indian Canyon Drive and Garnet
Avenue sewer infrastructure, as amended to include the standard verbiage related to
non-discrimination.
2. Authorize the City Manager to execute all necessary documents.
G. MEMORANDUM OF UNDERSTANDING WITH THE SERVICE EMPLOYEES
INTERNATIONAL UNION LOCAL 721
Following discussion, MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY
MAYOR PRO TEM KORS, CARRIED 5-0, to:
1. Adopt Resolution No. 24558 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 SERVICE
EMPLOYEES INTERNATIONAL UNION LOCAL 721 FOR THE PERIOD OF
JULY 1, 2018, THROUGH JUNE 30, 2021, SUBJECT TO UNION EXECUTING THE
MEMORANDUM OF UNDERSTANDING.” A5440.
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.
City Council Minutes February 6, 2019
City of Palm Springs Page 8
I. AUTHORIZE A PURCHASE ORDER WITH DAVID EVANS AND ASSOCIATES,
INC., IN AN AMOUNT NOT TO EXCEED $32,000, FOR DESIGN SERVICES OF
PICKLEBALL COURTS AT SUNRISE PARK, CP 19-06
Following discussion, MOTION BY MAYOR PRO TEM KORS, SECOND BY
COUNCILMEMBER MIDDLETON, CARRIED 5-0, to:
1. Authorize a Purchase Order in an amount not to exceed $32,000 with the City’s “on-call”
professional consulting services firm, David Evans and Associates, Inc., an Oregon
corporation, pursuant to Agreement No. A6785, for conceptual and final design services
related to Pickleball Courts at Sunrise Park, as amended to add nondiscrimination
language and to explore the feasibility of pickleball courts at Ruth Hardy Park.
CP 19-06.
2. Authorize the City Manager to execute all necessary documents.
J. COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS REPORT ON
HOMELESSNESS
Following discussion, MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY
MAYOR PRO TEM KORS, CARRIED 5-0, to receive and file the presentation and report
prepared by Barbara Poppe & Associates, entitled “The Path Forward: Recommendations to
advance an end to homelessness in the Coachella Valley.”
L. CONSIDER ADOPTION OF A RESOLUTION PROCLAIMING THE CITY OF
PALM SPRINGS AS A SANCTUARY CITY
Mayor Moon voiced opposition to the proposed resolution, opining that the federal and
state governments are responsible for addressing immigration; pointed out that the Police
Department has enacted policies which protect the immigrant community.
Councilmembers Middleton and Holstege pointed out that the proposed resolution will
bring certainty to the immigrant community that they are safe to interact with the Police
Department and local government.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-1 (MAYOR MOON VOTING NO), to adopt Resolution
No. 24559 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, PROCLAIMING SANCTUARY CITY STATUS,” in
memory of Carlos Pineda.
City Council Minutes February 6, 2019
City of Palm Springs Page 9
2. PUBLIC HEARINGS:
A. DISPOSITION AND DEVELOPMENT AGREEMENT WITH COMMUNITY
HOUSING OPPORTUNITIES CORPORATION (CHOC) OF FAIRFIELD,
CALIFORNIA, ACCEPTANCE OF SUMMARY REPORT PREPARED
PURSUANT TO HEALTH AND SAFETY CODE SECTION 33433 AND
ADOPTION OF A RESOLUTION TO DISPOSE OF A 3.62 ACRES OF FO RMER
REDEVELOPMENT AGENCY PROPERTY, AND FOR DEVELOPMENT OF A
SIXTY (60) UNIT MULTIFAMILY AFFORDABLE HOUSING PROJECT, AT
3130 NORTH INDIAN CANYON DRIVE (SOUTHEAST CORNER OF NORTH
INDIAN CANYON DRIVE AND SAN RAFAEL ROAD)
Director of Community and Economic Development Virata narrated a PowerPoint
presentation and responded to City Council inquiries.
Mayor Moon opened the Public Hearing.
Vincent Nicholas, Applicant, expressed gratitude to the City Council for their support of
the project.
The following individuals spoke in support of the proposed development project:
Joy Silver
Alma Wiseman
Donald Morgan
Pilar Amaral
Melissa Machuski
Peter Maietta
Edward Holzhauer
Les Young
Kathy Weremiuk
Allen Worthy
Robert Mueller
Juan Munoz
Richard Jeffery, pointed out there is a concentration of affordable housing projects in north
Palm Springs, suggesting that the City Council select more geographically diverse
locations in the future.
Teresa Silvigliano, voiced concern regarding impacts to pedestrian safety and parking.
There being no others desiring to speak, Mayor Moon closed the Public Hearing.
In response to City Council inquiry, City Attorney Kotkin advised that prevailing wage is
required for the project; noted that the housing units must be available to any qualified
individual regardless of residency, but that marketing efforts could be targeted to local
residents.
During the course of discussion, City Attorney Kotkin requested that the City Council
recess to Closed Session at 8:12 p.m. and the meeting reconvened at 8:17 p.m. with all
members present. City Attorney Kotkin announced that the City Council took no reportable
action.
City Council Minutes February 6, 2019
City of Palm Springs Page 10
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
ROBERTS, CARRIED 5-0, to:
1. Adopt Resolution No. 24560 entitled, “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING AS THE CITY
COUNCIL AND THE HOUSING SUCCESSOR AGENCY TO THE FORMER
PALM SPRINGS REDEVELOPMENT AGENCY, APPROVING A DISPOSITION
AND DEVELOPMENT AGREEMENT WITH COMMUNITY HOUSING
OPPORTUNITIES OF FAIRFIELD, CALIFORNIA , FOR PROPERTY LOCATED
AT 3130 NORTH INDIAN CANYON DRIVE AND MAKING CERTAIN
FINDINGS PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE
SECTIONS 33433 IN CONNECTION WITH THE SALE OF PROPERTY
FORMERLY OWNED BY THE PALM SPRINGS REDEVELOPMENT AGENCY.”
2. Adopt Resolution No. 24561 entitled, “A RESOLUTION OF THE SUCCESSOR
AGENCY FOR THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL
YEAR 2018-19.”
3. Waive Planning Commission Conditions of Approval (ENG 4, ENG 5, ENG 6, AND
ENG 49) requiring the construction of a landscaped median island; submittal of
landscaping, lighting, and irrigation system improvement plans; providing a guaranty
for the median landscaping; and undergrounding of utility lines.
4. Authorize the City Manager to execute all necessary documents to implement the
Disposition and Development Agreement.
That the City Council acting as the Housing Successor Agency:
MOTION BY VICE CHAIR KORS, SECOND BY AGENCY MEMBER ROBERTS,
CARRIED 5-0, to:
1. Approve the Disposition and Development Agreement with Community Housing
Opportunities Corporation, including loan agreement, regulatory agreement, notes, and
trust deed, as amended to include non-discrimination language and the addition of
non-discrimination on the basis of current or past homelessness A7196
2. Authorize the Executive Director to execute all required documents to implement the
Disposition and Development Agreement.
City Council Minutes February 6, 2019
City of Palm Springs Page 11
B. AMENDMENT TO THE PALM SPRINGS ZONING CODE (PSZC) TO
ESTABLISH GENERAL STANDARDS FOR MIXED-USE DEVELOPMENT AND
TO ALLOW 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
Director of Planning Services Fagg narrated a PowerPoint presentation and responded to
City Council inquiries.
Mayor Moon opened the Public Hearing.
Kathy Weremuik, voiced support for the proposed ordinance; expressed concern that
requiring additional parking for a third bedroom would discourage development.
There being no others desiring to speak, Mayor Moon closed the Public Hearing.
Councilmember Holstege requested that the Board of Realtors and the Desert Valley
Builders Association be noticed on such matters in the future.
Councilmember Roberts requested that the City Council Business Retention Subcommittee
develop a strategy for informing developers about opportunities to building in Palm
Springs.
Following discussion, MOTION BY COUNCILMEMBER ROBERTS, SECOND BY
MAYOR PRO TEM KORS, CARRIED 5-0, to introduce 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)
ZONE, CASE 5.1465 ZTA,” as amended to require 0.5 parking spaces for the first two
bedrooms, elimination of the CUP requirement, and inclusion of a reference to the density
bonus program.
C. AMENDMENT TO THE PALM SPRINGS ZONING CODE (PSZC) RELATING
TO THE REGULATIONS FOR PLANNED DEVELOPMENT DISTRICTS, CASE
5.1439 ZTA
Director of Planning Services Fagg narrated a PowerPoint presentation and responded to
City Council inquiries.
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.
During the course of discussion, the City Council agreed that controlled access /gated
communities should be discouraged.
City Council Minutes February 6, 2019
City of Palm Springs Page 12
Following discussion, MOTION BY COUNCILMEMBER ROBERTS, SECOND BY
MAYOR PRO TEM KORS, CARRIED 5-0, to introduce 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,” with the following amendment:
a. Section 93.05.00(E) shall read as follows, “Controlled access is discouraged where it
will interrupt the existing street grid. Controlled access to developments shall only be
approved by the Planning Commission where the applicant can establish that the
development will be significantly impacted by unauthorized parking from adjacent
uses, traffic impacts from adjacent uses beyond the design capacity of the internal
streets, or documented public safety issues and will not negatively impact unauthorized
parking, traffic impacts, or public safety at adjacent uses. Where controlled access to a
development is proposed by the use of guardhouses, gates or other similar controls, the
design of such access shall incorporate such features as service and emergency access,
on-site turnaround, relevant signing, or other similar features as may be required by the
Planning Commission. When considering gated communities, permits, parking
restrictions, and traffic calming measures shall be considered as an alternative.”
MEETING RECESS:
The City Council recessed at 9:27 p.m. and reconvened at 9:38 p.m. with all members present.
D. AMENDMENT TO THE PALMS SPRINGS ZONING CODE (PSZC) TO
ESTABLISH THE R-1-E ZONE, A NEW SMALL-LOT SINGLE-FAMILY
RESIDENTIAL ZONE, CASE 5.1398 ZTA
Director of Planning Services Fagg narrated a PowerPoint presentation and responded to
City Council inquiries.
Mayor Moon opened the Public Hearing.
Allen Worthy, voiced support for the proposed ordinance.
There being no others desiring to speak, Mayor Moon closed the Public Hearing.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
ROBERTS, CARRIED 5-0, to introduce Ordinance No. 1979 entitled “AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE PALM SPRINGS ZONING CODE TO ADOPT THE R-1-E ZONE
DISTRICT AND ASSOCIATED DEVELOPMENT STANDARDS, CASE 5.1398 ZTA.”
City Council Minutes February 6, 2019
City of Palm Springs Page 13
E. REQUEST BY THE CITY OF PALM SPRINGS FOR A ZONE TEXT
AMENDMENT TO AMEND THE PALM SPRINGS ZONING CODE (PSZC)
RELATING TO ACCESSORY SECOND UNITS IN RESIDENTIAL ZONES
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Open the Public Hearing, take no testimony at this time, and continue the Public Hearing
to February 20, 2019.
2. Direct the City Clerk to post a Notice of Continuance pursuant to established procedures.
3. LEGISLATIVE:
A. PROPOSED ORDINANCE AMENDING PALM SPRINGS MUNICIPAL CODE
SECTIONS 2.50.030, 2.50.040, AND 2.50.060 MODIFYING PROVISIONS
RELATED TO THE ADMINISTRATIVE APPEALS BOARD AND PROVIDING
FOR ALTERNATE BOARD MEMBERS
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
ROBERTS, CARRIED 5-0, to:
1. Introduce Ordinance No. 1980 entitled "AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS
MUNICIPAL CODE SECTIONS 2.50.030, 2.50.040, AND 2.50.060 MODIFYING
PROVISIONS RELATED TO THE ADMINISTRATIVE APPEALS BOARD AND
PROVIDING FOR ALTERNATE BOARD MEMBERS."
2. Direct the City Manager to issue a regulation pursuant to his authority under the City
Charter making this ordinance effective upon introduction, pending its effective date by
operation of state law.
3. Appoint Robert Findley and Robert Hedrick Jr. as alternates to the Administrative Appeals
Board, effective immediately upon the City Manager’s execution of the regulation now
proposed.
4. UNFINISHED BUSINESS: None.
City Council Minutes February 6, 2019
City of Palm Springs Page 14
5. NEW BUSINESS:
A. APPROVAL OF THE PALM SPRINGS INTERNATIONAL AIRPORT 2019 AIR
SERVICE INCENTIVE PROGRAM
City Manager Ready presented the staff report.
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24562 entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING THE 2019 AIR SERVICE INCENTIVE PROGRAM FOR THE PALM
SPRINGS INTERNATIONAL AIRPORT.”
B. CONSIDERATION OF CHANGING GENERAL MUNICIPAL ELECTIONS
FROM NOVEMBER OF ODD-NUMBERED YEARS TO EVEN-NUMBERED
YEARS
City Clerk Mejia presented the staff report.
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
ROBERTS, CARRIED 5-0, to move forward with Option 2 related to changing General
Municipal Elections from November of odd-numbered years to even-numbered years.
C. REVIEW AND MAKE APPOINTMENTS TO CITY COUNCIL
SUBCOMMITTEES, CITY REPRESENTATIVES TO PROJECTS, LIAISONS TO
CITY COMMISSIONS AND BOARDS, AND REPRESENTATIVES TO
EXTERNAL ORGANIZATIONS
City Clerk Mejia presented the staff report.
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. Review and update the City Council Subcommittees, City Representatives to Projects,
Liaisons to City Commissions and Boards, and Representatives to External Organizations,
as outlined in the staff report.
2. Adopt FPPC Form 806, authorize the City Clerk to prepare and execute FPPC Form 806
Public Official Appointments, and direct the City Clerk to post on the City’s website as
required.
D. DISCUSSION OF THE CALIFORNIA VOTING RIGHTS ACT (CVRA)
COMMUNITY WORKING GROUP’S RECOMMENDATIONS
The City Council tabled this matter to the meeting of February 20, 2019.
City Council Minutes February 6, 2019
City of Palm Springs Page 15
E. APPOINTMENT OF VARIOUS COMMISSIONERS AND BOARD MEMBERS AS
PART OF THE 2018 ANNUAL RECRUITMENT PROCESS
City Clerk Mejia presented the staff report.
The City Council directed staff to proceed with transitioning the Board of Appeals to an
independent hearing officer.
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. Appoint Peter Maietta to the Board of Appeals with no term ending.
2. Appoint Glenn Flood to the Human Rights Commission for the term ending
June 30, 2021.
3. Reappoint Robert McCann for a term ending June 30, 2021, and appoint Jim Flanagan
and Dr. Lani Miller to the Sustainability Commission for the terms ending
June 30, 2021.
PUBLIC COMMENT:
Daryl Terrell, submitted a proposal for a local hiring requirement program.
Councilmember Roberts left the meeting at 10:25 p.m.
Allen Worthy, urged the City Council to settle his claims against the City.
David Nuaimi, stated that he is being evicted for the tenth time over 10 years as a result of the
housing shortages caused by vacation rentals.
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT:
Mayor Pro Tem Kors requested that staff schedule a presentation by the Palm Springs International
Film Festival for an upcoming City Council meeting.
Councilmember Holstege requested that the City Council Subcommittee on cannabis explore
incentives for the cultivation of hemp products.
City Manager Ready requested that the City Council schedule a Special Meeting in March 2019
for a presentation on the proposals for Convention Center operators.
ADJOURNMENT:
The City Council adjourned at 10:35 p.m.
Respectfully submitted,
Anthony J. Mejia, MMC
City Clerk
APPROVED BY CITY COUNCIL: 06/05/2019