HomeMy WebLinkAbout2018-12-19 CC MINUTES
Wednesday, December 19, 2018
Minutes of the Regular Meeting of the City Council
CALL TO ORDER
A Regular Meeting of the Palm Springs City Council was called to order by Mayor Moon on
Wednesday, December 19, 2018, at 6:00 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; 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
Director of Library Services Kaye presented the upcoming Palm Springs Speaks events.
City Manager Ready introduced recently hired Director of Finance and Treasurer Nancy Pauley.
ACCEPTANCE OF THE AGENDA
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM KORS,
CARRIED 5-0, to remove Consent Calendar Item Nos. 1F and 1O for separate discussion.
City Manager Ready advised that Business Disclosure Forms will be provided for Item Nos. 1G,
1L, 1O, 1P, 1Q, and 5E.
REPORT OF CLOSED SESSION
The Regular Closed Session of the City Council of December 19, 2018, 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:
City Council Minutes December 19, 2018
City of Palm Springs Page 2
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
EHOF Canyon View, LLC v. City of Palm Springs
Case No. PSC 1806289, Riverside County Superior Court, Palm Springs Division
City of Palm Springs v. Miggy’s Cantina, LLC
Case No. PSC1600359, Riverside Superior Court, Palm Springs Division
Sabordo and Huerto v. City of Palm Springs
Case No. PSC 1602732, Riverside County Superior Court, Palm Springs Division
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION, Pursuant to
Government Code Section 54956.9(d)(2):
Number of Anticipated Cases: 8, including Challenges to districting per California Voting
Rights Act, Ordinance No. 1971
CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION, Pursuant to
Government Code Section 54956.9(d)(4):
Number of Cases: 3
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: 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: Terms of Payment (Relinquishment)
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 December 19, 2018
City of Palm Springs Page 3
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)
Property Address/Description: 3400 E Tahquitz Canyon Way APN 009-671-571
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: Agua Caliente Band of Cahuilla Indians; Tom Davis
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 Attorney Peter Brown
Employee Organizations: Palm Springs Firefighters Association
Palm Springs Fire Management Association
Palm Springs Police Management Association
Palm Springs Police Officers Association
Service Employees International Union Local 721
Unrepresented Employees
City Attorney Kotkin reported that the City Council on a motion by Councilmember Roberts,
seconded by Councilmember Holstege, unanimously added an urgency Closed Session Item as
Anticipated Litigation related to districting and summarized the terms of the settlement agreement;
reported that the City Council received briefings and provided direction to staff regarding the
agendized Closed Session Items, but did not take any reportable action.
PUBLIC TESTIMONY
The following individuals spoke in support of Item 1R, urging the City Council to adopt the
proposed ordinance related to establishing District boundaries.
Aftab Dada
Don Barrett
David Freedman
Carl Baker
Kathy Weremuik
Stephen Moses
Alexis Ortega
Dieter Crawford
Grace Garner
Les Young
Dixie Miller, speaking on Item 1R, expressed disappointment that the Lawrence Crossley
Neighborhood will be divided between two districts.
Danny Roy, speaking on Item 1R, voiced concern that the Lawrence Crossley Neighborhood will
be divided between two districts.
City Council Minutes December 19, 2018
City of Palm Springs Page 4
Daryl Terrell, speaking on Item 1R, suggested that the question of whether the Mayor should be
elected at-large should be submitted to the voters.
David Bell, speaking on Item 1P, recommended that the City Council to reject all bids, asserting
that the bidding process was unfair.
Russell Coward, speaking on Item 1P, expressed concern that the towing rates are too low and that
he will not be able to do business in the City in the future.
Peter Moruzzi, speaking on Item 3A, urged the City Council to support the Hotel Incentive
Program.
The following individuals spoke in support of Item 5B, urging the City Council to lower the tax
rates for cannabis-related businesses:
Fritz Noble
Steve Glickman
Simone Sandoval
Jocelyn Kane
Rick Pantele
Joy Brown Meredith
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS
City Manager Ready announced the Downtown restroom is now open to the public; provided an
update on Fire Station No. 4 remodel, noting that it is anticipated to be open in April 2019.
Mayor Pro Tem Kors announced that enforcement of the new Leaf Blower Ordinance will be
suspended until the exchange program is operational; noted that discussion of changing the City’s
election year and CVRA Working Group’s recommendations will be agendized for January 2019.
Councilmember Middleton reported on the activities of the Affordable Housing Subcommittee and
recent legislation to streamline the processing of affordable housing projects; noted that the City
will have an opportunity to realign district boundaries after the 2020 Census and will address the
Lawrence Crossley neighborhood.
Councilmember Holstege expressed gratitude to the CVRA Working Group and Dieter Crawford
for their efforts related to districting; requested that an update on the Downtown garbage cans and
construction debris ordinance be provided to the Sustainability Commission.
1. CONSENT CALENDAR
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to approve the Consent Calendar, with Item No. 1F and 1O
removed for separate discussion.
City Council Minutes December 19, 2018
City of Palm Springs Page 5
A. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE
MONTH OF NOVEMBER 2018
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to receive and file the report of Staff Authorized Agreements
and Purchase Orders for the period of November 1 through November 30, 2018.
B. APPROVAL OF A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY
REQUEST BY HAIR OF THE DOG PALM SPRINGS, LLC FOR A TYPE 48 (ON
SALE GENERAL) LIQUOR LICENSE FOR A PROPOSED COCKTAIL LOUNGE
WITHIN AN EXISTING MULTI-TENANT COMMERCIAL BUILDING
LOCATED AT 555 SOUTH PALM CANYON DRIVE, ZONE PD-82 AND C-1,
CASE 5.1452 PCN
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24524 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 LIQUOR LICENSE (TYPE 48) AT THE
COMMERCIAL PROPERTY LOCATED AT 555 SOUTH PALM CANYON DRIVE,
WITHIN CENSUS TRACT NO. 9405.”
C. APPROVAL OF A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY
(PCN) REQUEST BY GROCERY OUTLET, INC., FOR A TYPE 20 (OFF-SALE
BEER AND WINE) AND TYPE 21 (OFF-SALE GENERAL BEER, WINE, AND
DISTILLED SPIRITS) LICENSE FOR A PROPOSED GROCERY STORE
WITHIN AN EXISTING COMMERCIAL BUILDING LOCATED AT 350 SOUTH
PALM CANYON DRIVE, ZONE CBD, CASE 5.1456 PCN
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24525 entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DETERMINING THAT PUBLIC CONVENIENCE WOULD BE SERVED BY THE
ISSUANCE OF ALCOHOLIC BEVERAGE CONTROL LICENSE TYPE 20, AND 21
AT 350 SOUTH PALM CANYON DRIVE WITHIN CENSUS TRACT NO. 446.06.”
D. APPROVAL OF A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY
REQUEST BY LAS PALMAS BREWING, LLC FOR A TYPE 23 (ON SALE BEER
AND WINE) LIQUOR LICENSE FOR A PROPOSED BEER LOUNGE WITHIN
AN EXISTING COMMERCIAL BUILDING LOCATED AT 461 NORTH PALM
CANYON DRIVE, ZONE CBD. CASE 5.1457 PCN
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24526 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 LIQUOR LICENSE (TYPE 42) AT THE
COMMERCIAL PROPERTY LOCATED AT 461 NORTH PALM CANYON DRIVE,
WITHIN CENSUS TRACT NO. 446.06.”
City Council Minutes December 19, 2018
City of Palm Springs Page 6
E. MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR A
CLASS 1 HISTORIC SITE LOCATED AT 1840 SOUTH ARABY DRIVE, HSPB
103/HD-6
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Approve a Mills Act Historic Property Agreement with Christine Kantner and Park
Imperial South Homeowners Association, for 1840 South Araby Drive, a Class 1
Historic Site, HSPB 103/HD-6. A7236.
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement.
F. RESOLUTION TO ADOPT THE CITY OF PALM SPRINGS CONFLICT OF
INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974
This item was excluded from the Consent Calendar. Please refer to Page 10 of these
minutes for a summary of that action.
G. AUTHORIZE A PURCHASE ORDER WITH MWH CONSTRUCTORS INC., IN
AN AMOUNT NOT TO EXCEED $100,000 FOR THE BOGERT TRAIL SEWER
LIFT STATION, CP 18-18
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 $100,000 with the City’s “on-
call” professional consulting services firm, MWH Constructors, Inc., a Delaware
corporation, pursuant to Agreement No. 6687, for engineering design services related
to the Bogert Trail Sewer Lift Station, CP 18-18.
2. Authorize the City Manager to execute all necessary documents.
H. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO
RELEASE SUBDIVISION IMPROVEMENT SECURITIES FOR THE “ESCENA
DEVELOPMENT,” TRACT MAP 32233-5
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24528 entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING ACCEPTANCE OF THE SUBDIVISION IMPROVEMENTS
ASSOCIATED WITH TRACT MAP 32233-5 AND AUTHORIZING RELEASE OF
SECURITIES REQUIRED BY THE SUBDIVISION IMPROVEMENT AGREEMENT
WITH TOLL CA II, LP, A CALIFORNIA LIMITED PARTNERSHIP, FOR PROPERTY
LOCATED AT THE SOUTHEAST CORNER OF VISTA CHINO AND GENE AUTRY
TRAIL, IN SECTION 7, TOWNSHIP 4 SOUTH, RANGE 5 EAST.” A6476.
City Council Minutes December 19, 2018
City of Palm Springs Page 7
I. THE CHURCH OF ST. PAUL IN THE DESERT, FOR AN ART MURAL
INSTALLATION ON THE EAST ELEVATION OF AN EXISTING BUILDING AT
125 WEST EL ALAMEDA, CASE 18-006 MUR
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24529 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 AT THE CHURCH OF ST. PAUL IN THE DESERT LOCATED AT 125
WEST EL ALAMEDA, CASE 18-006 MUR.”
J. ACCEPT THE RESIGNATION OF MIKE ZISKIND FROM THE VILLAGEFEST
BOARD FOR THE TERM ENDING DECEMBER 31, 2018
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Accept with regret the resignation of Mike Ziskind from the VillageFest Board.
2. Direct the City Clerk to post a notice of vacancy for the term ending December 31,
2018.
K. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Adopt Resolution No. 24530 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1101831 THROUGH
1101944 IN THE AGGREGATE AMOUNT OF $2,975,655.05 DRAWN ON BANK
OF AMERICA.”
2. Adopt Resolution No. 24531 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS FOR THE PERIOD ENDED 10-06-2018 BY WARRANTS
NUMBERED 420482 THROUGH 420495 TOTALING $28,449.13, LIABILITY
CHECKS NUMBERED 1101945 THROUGH 1101963 TOTALING $79,686.43,
FOUR WIRE TRANSFERS FOR $60,725.41, AND FIVE ELECTRONIC ACH
DEBITS OF $1,421,540.87 IN THE AGGREGATE AMOUNT OF $1,590,401.84,
DRAWN ON BANK OF AMERICA.”
3. Adopt Resolution No. 24532 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1101964 THROUGH
1102097 IN THE AGGREGATE AMOUNT OF $1,276,784.27, DRAWN ON BANK
OF AMERICA."
(City Council action continued on the next page)
City Council Minutes December 19, 2018
City of Palm Springs Page 8
4. Adopt Resolution No. 24533 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1102098 THROUGH
1102247 IN THE AGGREGATE AMOUNT OF $1,276,095.99, DRAWN ON BANK
OF AMERICA."
5. Adopt Resolution No. 24534 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS FOR THE PERIOD ENDED 10-20-2018 BY WARRANTS
NUMBERED 420496 THROUGH 420507 TOTALING $18,741.69, LIABILITY
CHECKS NUMBERED 1102248 THROUGH 1102266 TOTALING $79,709.08,
FOUR WIRE TRANSFERS FOR $70,567.91, AND SIX ELECTRONIC ACH
DEBITS OF $1,478,084.76 IN THE AGGREGATE AMOUNT OF $1,647,103.44,
DRAWN ON BANK OF AMERICA."
6. Adopt Resolution No. 24535 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1102267 THROUGH
1102398 IN THE AGGREGATE AMOUNT OF $1,404,088.81, DRAWN ON BANK
OF AMERICA."
L. APPROVE ADDENDUM NO. 2 TO THE TOURISM AND MANAGEMENT
SERVICES AGREEMENT WITH SMG
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Approve Addendum No. 2 to the Tourism and Management Services Agreement with
SMG extending the Agreement until March 31, 2019, and subsequently on a monthly
basis subject to City’s advance 60-day written notification of its decision to exercise
the subsequent monthly extension. A6410.
2. Extend the sunset date of the City Council Ad-Hoc Subcommittee for the Convention
Center Tourism and Management Services Agreement until June 30, 2019.
M. PROJECT UPDATE FOR INDIAN CANYON DRIVE TWO-WAY CONVERSION
AND PEDESTRIAN AND BICYCLE SAFETY ENHANCEMENTS, CP 17-08
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to receive and file the update for the Indian Canyon Drive
Two-Way Conversion and Pedestrian and Bicycle Safety Enhancements Project.
City Council Minutes December 19, 2018
City of Palm Springs Page 9
N. APPROVAL AND TRANSMITTAL OF RECOGNIZED OBLIGATIONS
PAYMENT SCHEDULE (ROPS 19-20A AND 19-20B) FOR THE PERIOD OF
JULY 1, 2019, THROUGH JUNE 30, 2020, PURSUANT TO SECTION 34169(G)(1)
OF CALIFORNIA HEALTH & SAFETY CODE
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24523 entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ACTING SOLELY IN ITS CAPACITY AS SUCCESSOR AGENCY TO THE PALM
SPRINGS COMMUNITY REDEVELOPMENT AGENCY APPROVING THE
RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (ROPS 19-20A AND 19-20B)
AND AN ADMINISTRATIVE EXPENSE BUDGET FOR THE PERIOD OF JULY 1,
2019, THROUGH JUNE 30, 2020, PURSUANT TO THE CALIFORNIA HEALTH &
SAFETY CODE.”
O. AWARD RFP 03-19 LICENSE AGREEMENT TO MOBILEMONEY, INC. FOR
AUTOMATED TELLER MACHINE (ATM) SERVICES AT THE AIRPORT
This item was excluded from the Consent Calendar. Please refer to Page 10 of these
minutes for a summary of that action.
P. APPROVE AGREEMENTS WITH CERTAIN TOW COMPANIES FOR AS-
NEEDED VEHICLE TOWING AND STORAGE SERVICES FOR THE PALM
SPRINGS POLICE DEPARTMENT
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24536 entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING AGREEMENTS WITH CERTAIN TOW COMPANIES FOR AS -
NEEDED VEHICLE TOWING AND STORAGE SERVICES FOR THE PALM
SPRINGS POLICE DEPARTMENT.” A7237, A7238, A7239.
Q. AWARD A PURCHASE ORDER TO G/M BUSINESS INTERIORS, INC., IN THE
AMOUNT OF $81,331.86 FOR NEW FURNITURE AT THE POLICE
DEPARTMENT
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. In accordance with Section 7.09.010 “Cooperative Purchasing Programs” of the Palm
Springs Municipal Code, approve a Purchase Order with G/M Business Interiors in the
amount of $81,331.86 inclusive of all applicable taxes and shipping pursuant to the
Cooperative Purchasing Contract with US Communities AG0607, including an
additional 15% dealer discount.
2. Authorize the City Manager to execute all necessary documents.
City Council Minutes December 19, 2018
City of Palm Springs Page 10
R. SECOND READING AND ADOPTION OF ORDINANCE NO. 1971 TO
SAFEGUARD PALM SPRINGS RESIDENTS’ VOTING RIGHTS, COMPLY
WITH THE CALIFORNIA VOTING RIGHTS ACT, AND PROTECT THE CITY
AGAINST LITIGATION; ADDING SECTION 2.02.005 OF THE PALM SPRINGS
MUNICIPAL CODE ESTABLISHING BY-DISTRICT ELECTIONS, DEFINING
DISTRICT BOUNDARIES, AND SCHEDULING DISTRICT ELECTIONS
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 3-2 (COUNCILMEMBER ROBERTS AND MAYOR MOON
VOTING NO), to adopt Ordinance No. 1971 “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO SAFEGUARD
PALM SPRINGS RESIDENTS’ VOTING RIGHTS, COMPLY WITH THE
CALIFORNIA VOTING RIGHTS ACT, AND PROTECT THE CITY AGAINST
LITIGATION; ADDING SECTION 2.02.005 OF THE PALM SPRINGS MUNICIPAL
CODE ESTABLISHING BY-DISTRICT ELECTIONS, DEFINING DISTRICT
BOUNDARIES, AND SCHEDULING DISTRICT ELECTIONS.”
EXCLUDED CONSENT CALENDAR
F. RESOLUTION TO ADOPT THE CITY OF PALM SPRINGS CONFLICT OF
INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24527 entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADOPTING THE CONFLICT OF INTEREST CODE," as amended to include reference
to the local disclosure requirements.
O. AWARD RFP 03-19 LICENSE AGREEMENT TO MOBILEMONEY, INC. FOR
AUTOMATED TELLER MACHINE (ATM) SERVICES AT THE AIRPORT
Councilmember Middleton requested that staff explore the feasibility of lowering the per
transaction fee in the future.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
ROBERTS, CARRIED 5-0, to:
1. Approve award of license agreement to MobileMoney, Inc. to provide Automated
Teller Machine (ATM) Services at the Airport effective January 4, 2019, through
January 3, 2022, and two one-year options.
2. Authorize the City Manager to execute all necessary documents.
City Council Minutes December 19, 2018
City of Palm Springs Page 11
2. PUBLIC HEARINGS:
A. PETER LOFORTE AND SALLY JULIAN, OWNERS, REQUESTING CLASS 1
HISTORIC DESIGNATION OF “THE JOHN & BESSIE MACY RESIDENCE”
LOCATED AT 1577 SOUTH CALLE MARCUS, APN NO. 508-444-006, ZONE R-
1-C, HSPB 113
Director of Planning Services presented the staff report.
Mayor Moon opened and closed the Public Hearing, there being no one desiring to speak
on this item.
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 24537 entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DESIGNATING THE PARCEL AT 1577 SOUTH CALLE MARCUS, APN NO. 508-
444-006, “THE JOHN & BESSIE MACY RESIDENCE,” A CLASS 1 HISTORIC SITE,
HSPB 113.”
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to reconsider the matter.
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 24537 entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRING S, CALIFORNIA,
DESIGNATING THE PARCEL AT 1577 SOUTH CALLE MARCUS, APN NO. 508-
444-006, “THE JOHN & BESSIE MACY RESIDENCE,” A CLASS 1 HISTORIC SITE,
HSPB 113,” as amended to delete the following condition of approval:
a. “That the site not be granted Class 1 historic designation until the home is
completely repainted to the original color palette. Furthermore that within a year of
the date of the City Council action, that the concrete block be removed from the
top of the front slumpstone wall.”
B. JENNIFER GAGNER AND SEAN MAGUIRE FOR A TENTATIVE PARCEL MAP
TO SUBDIVIDE A 1.25-ACRE PROPERTY INTO TWO PARCELS FOR SINGLE-
FAMILY RESIDENTIAL HOME DEVELOPMENT AT 2584 ANZA TRAIL, ZONE
R-1-B, SECTION 25, CASE TPM 37570
Director of Planning Services presented the staff report.
Mayor Moon opened the Public Hearing.
Jennifer Gagner, Applicant, urged the City Council to support the recommendation and
adopt the resolution.
There being no others desiring to speak, Mayor Moon closed the Public Hearing.
City Council Minutes December 19, 2018
City of Palm Springs Page 12
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to adopt Resolution No. 24539 entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A TENTATIVE PARCEL MAP APPLICATION, TPM 37570,
SUBMITTED BY JENNIFER GAGNER AND SEAN MAGUIRE TO SUBDIVIDE A
1.25-ACRE PROPERTY INTO TWO PARCELS LOCATED AT 2584 ANZA TRAIL.”
C. COUNCIL CALL-UP OF A PROJECT PREVIOUSLY APPROVED BY THE
PLANNING COMMISSION FOR RADIO PS PROPERTIES, LLC FOR A
CONDITIONAL USE PERMIT; ADOPTION OF A MITIGATED NEGATIVE
DECLARATION; AND A MAJOR ARCHITECTURAL APPLICATION FOR THE
CONSTRUCTION OF A 10,504-SQUARE FOOT CANNABIS CULTIVATION
FACILITY LOCATED AT 3573 NORTH ANZA ROAD, ZONE M-1, SECTION 34,
CASE 5.1441 CUP AND 3.4073 MAJ
By consensus, the City Council directed staff to take this Public Hearing off calendar and
directed the City Clerk to reschedule and re-notice this public hearing upon staff
confirmation that the property owner agrees with the new date and staff is ready to proceed.
3. LEGISLATIVE
A. INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.26 OF THE
PALM SPRINGS MUNICIPAL CODE RELATING TO THE “HOTEL
OPERATIONS INCENTIVE PROGRAM
Director of Community and Economic Development presented the staff report.
In response to City Council inquiry, City Manager Ready advised that the ordinance will
be modified to ensure that applicants are aware of the requirement to provide prevailing
wage, noting that covenant agreements will include similar language.
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
ROBERTS, CARRIED 5-0, to introduce 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
RELATING TO THE “HOTEL OPERATIONS INCENTIVE PROGRAM,” as amended.
4. UNFINISHED BUSINESS: None.
City Council Minutes December 19, 2018
City of Palm Springs Page 13
5. NEW BUSINESS
A. REQUESTS FOR TWO ADMINISTRATIVE MINOR MODIFICATIONS FOR
RELIEF FROM SEPARATION DISTANCE REQUIREMENTS BETWEEN
CANNABIS FACILITIES AND PARKING RELIEF BY ROBERT VAN ROO ON
BEHALF OF THE LIGHTHOUSE PALM SPRINGS, LLC, FOR A CANNABIS
LOUNGE AND DISPENSARY AT 395 NORTH PALM CANYON DRIVE AND BY
JULIE MONTANTE ON BEHALF OF THE BANK 420 LOUNGE, LLC, FOR A
CANNABIS LOUNGE AND DISPENSARY AT 296 SOUTH PALM CANYON
DRIVE, ZONE CBD, CASE NOS. 7.1572 AMM & 7.1573 AMM
Director of Planning Services Fagg narrated a PowerPoint presentation.
In response to City Council inquiry, Director Fagg advised that the City’s consultant will
review the odor mitigation plans; advised that the City has purchased odor detection
equipment and Code Enforcement staff will be trained on its usage.
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Adopt Resolution No. 24540 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN
ADMINISTRATIVE MINOR MODIFICATION (AMM) GRANTING RELIEF
FROM BOTH 500 FEET AND 3,000 FEET SEPARATION DISTANCE
REQUIREMENTS BETWEEN CANNABIS FACILITIES AND PARKING RELIEF
FOR THE LIGHTHOUSE PALM SPRINGS AT 395 NORTH PALM CANYON
DRIVE, CASE 7.1572 AMM.”
2. Adopt Resolution No. 24541 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN
ADMINISTRATIVE MINOR MODIFICATION (AMM) GRANTING RELIEF
FROM BOTH 500 FEET AND 3,000 FEET SEPARATION DISTANCE
REQUIREMENTS BETWEEN CANNABIS FACILITIES AND PARKING RELIEF
FOR THE BANK 420 LOUNGE AT 296 SOUTH PALM CANYON DRIVE, CASE
7.1573 AMM.”
B. DISCUSSION REGARDING CANNABIS TAX RATES AND POTENTIAL
REVISIONS TO THE CANNABIS TAX ORDINANCE
Paralegal Veronica Goedhart presented the staff report.
In response to City Council inquiry, City Manager Ready advised that the voters approved the
tax rates for cannabis-related businesses, noting that the City Council may lower the tax rates.
Mayor Moon noted that the legal cannabis industry is still competing with the illegal
market, suggesting that the City should lower the tax rates until the legal cannabis industry
is established.
City Council Minutes December 19, 2018
City of Palm Springs Page 14
Councilmember Middleton noted that the cannabis tax rates should ensure that all expenses
to the City to administer the program, both direct and indirect, are reimbursed.
Councilmember Holstege spoke on the importance of remaining competitive with other
Coachella Valley cities; requested that staff provide an analysis of the cost to administer
the program and revenues received.
By consensus, the City Council directed staff to return with an ordinance to reduce cannabis
tax rates.
RECESS AND RECONVENED
The City Council recessed at 8:45 p.m. and reconvened at 8:56 p.m., with all members present.
C. DISCUSSION OF PROPOSED COUNCIL CODE OF CONDUCT
Councilmembers Middleton and Holstege provided the Subcommittee’s report.
Mayor Moon expressed concerns related to sidebar conversations and text messaging
during City Council meetings.
City Attorney Kotkin noted that any information a Councilmember may receive by
communicating with an applicant or witnesses should be publically noted during the
subject Public Hearing.
During the course of discussion, individual Councilmembers provided commentary and
suggested edits to the proposed Code of Conduct and requested that the Subcommittee
refine the Code and return to City Council at a future meeting.
D. APPROVAL OF AN ADMINISTRATIVE REGULATION RELATED TO SOLID
WASTE SERVICES FOR COMMERCIAL ESTABLISHMENTS IN
ACCORDANCE WITH CHAPTER 6.04 OF THE PALM SPRINGS MUNICIPAL
CODE
Assistant City Manager Fuller presented the staff report.
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to approve the Administrative Regulation related to Solid
Waste Standards and Compliance for Commercial Establishments.
E. AWARD A CONSTRUCTION CONTRACT TO INTERNATIONAL LINE
BUILDER’S, INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF
$4,259,958 FOR THE PALM CANYON DRIVE PEDESTRIAN IMPROVEMENTS
IN DOWNTOWN, CP 17-07, AND PEDESTRIAN SAFETY IMPROVEMENTS
ALONG SOUTH AND EAST PALM CANYON DRIVE CORRIDOR, CP 17-09
Assistant City Manager Fuller presented the staff report.
City Council Minutes December 19, 2018
City of Palm Springs Page 15
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Dismiss the bid protest by Calpromax Engineering, Inc. dated November 26, 2018.
2. Waive any informality (non-responsiveness), and award a construction contract to
International Line Builder’s, Inc., a Delaware corporation, in the amount of $4,259,958
for Bid Schedules A, B and C, for the Palm Canyon Drive Pedestrian Improvements in
Downtown, CP 17-07, and Pedestrian Safety Improvements Along South and East
Palm Canyon Drive Corridor, CP 17-09. A7240.
3. Delegate authority to the City Manager to approve and execute construction contract
change orders up to the cumulative total of $425,996 with all change orders reported to
the City Council.
4. Authorize the City Manager to execute all necessary documents.
F. MEMORANDUM OF UNDERSTANDING WITH THE PALM SPRINGS FIRE
MANAGEMENT ASSOCIATION
MOTION BY MAYOR PRO TEM KORS, SECOND BY COUNCILMEMBER
ROBERTS, CARRIED 5-0, to:
1. Adopt Resolution No. 24538 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 FIRE MANAGEMENT ASSOCIATION
FOR THE PERIOD OF JULY 1, 2018, THROUGH JUNE 30, 2021, SUBJECT TO
ASSOCIATION EXECUTING THE MEMORANDUM OF UNDERSTANDING.”
A5428.
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.
G. DISCUSSION OF EDUCATIONAL OUTREACH PROGRAM REGARDING NEW
PALM SPRINGS DISTRICTS AND ELECTORAL PROCESS
City Manager Ready presented the staff report.
By consensus, the City Council directed staff to proceed with a mailer to all residences
regarding the districts and electoral process.
City Council Minutes December 19, 2018
City of Palm Springs Page 16
H. APPOINTMENT OF VARIOUS COMMISSIONERS AND BOARD MEMBERS AS
PART OF THE 2018 ANNUAL RECRUITMENT PROCESS
Councilmember Holstege spoke on the importance of addressing gender equity on the
City’s Boards and Commissions.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
KORS, CARRIED 5-0, to:
1. Re-appoint Aftab Dada and Allison Jones for the terms ending June 30, 2021, appoint
Dan Lass for the unexpired term ending June 30, 2019, and appoint Kevin Corcoran
and Manuel Guillermo Suero for the terms ending June 30, 2021, to the Palm Springs
International Airport Commission.
2. Re-appoint Les Young to Parks and Recreation Commission for the term ending
June 30, 2021.
3. Re-appoint Mara Gladstone, Alfonso Murray, and Thomas Yanni to the Public Arts
Commission for the terms ending June 30, 2021.
PUBLIC COMMENT
Allen Worthy, asserted that he was previously assaulted and robbed and the Police Department
has not taken appropriate actions
Daryl Terrell, spoke in favor of regulating and allowing e-scooters.
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT
Councilmember Roberts requested an update on possible incentive programs for affordable
housing developments; requested that the City Council conduct a study session related to scooters.
At the request of Councilmember Holstege, City Manager Ready advised that he would provide
recommendations on a possible City Council Strategic Priorities Meeting.
The City Council requested that staff agendize consideration of re-scheduling the City Council
meeting of May 15, 2019 to May 22, 2019.
ADJOURNMENT
At 10:31 p.m., the City Council adjourned to the next regular meeting Wednesday, January 9, 2019,
at 6:00 p.m. in the Council Chamber at City Hall, preceded by Closed Session, Small Conference
Room at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs
Respectfully submitted,
Anthony J. Mejia, MMC
City Clerk