HomeMy WebLinkAbout2018-12-05 CC MINUTES
Wednesday, December 5, 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 5, 2018, at 6:0 0 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, Geoff Kors, Lisa Middleton; Mayor Pro Tem
J.R. Roberts; 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
Councilmembers Kors and Holstege introduced informational videos created by 4th grade students
at the Desert Learning Academy related to reducing polystyrene and plastic waste.
Mayor Moon presented a Proclamation to Vicki Oltean, Director of Parks and Recreation,
recognizing her outstanding service to the community of Palm Springs for the past 38 years.
ACCEPTANCE OF THE AGENDA
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER KORS,
CARRIED 5-0, to remove Consent Calendar Item No. 1D for separate discussion and deletion of
Item No. 3A from the agenda.
REPORT OF CLOSED SESSION
The Regular Closed Session of the City Council of December 5, 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 Special
Closed Session Meeting Agenda:
City Council Minutes December 5, 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
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION, Pursuant to
Government Code Section 54956.9(d)(2):
Number of Anticipated Cases: 8, including Robolights 2018/19
CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION, Pursuant to
Government Code Section 54956.9(d)(4):
Number of Cases: 2
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)
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 December 5, 2018
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 Fire Management Association
Palm Springs Police Management Association
Palm Springs Police Officers 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 reportable action.
PUBLIC TESTIMONY
Frank Alvarez, speaking on Item 5A, voiced support for adding pickleball courts at Ruth Hardy Park.
Jim Seavey, urged the City Council to support efforts to expand access to pickleball in Palm Springs.
Keith Schramm, urged the City Council to preserve the tennis courts at Ruth Hardy Park
exclusively for tennis use.
John Buie, opined that tennis and pickleball should be allowed at Ruth Hardy Park, noting that all
sports should be allowed at all parks.
Steven Schwanke, spoke in opposition to allowing pickleball at the existing tennis courts at Ruth
Hardy Park.
Maxine Horrocks, conveyed support for the recommendation of the Parks and Recreation
Commission as outlined in the staff report.
Marcin Rozpedski, spoke on the rising popularity of pickleball, noting that both sports can share facilities.
Peter McPherson, voiced support for adding new facilities to accommodate pickleball.
Michael Fergon, urged the City Council to construct permanent pickleball courts.
Rich Kedrowski, noted that the United State Tennis Association has determined that pickleball is
not related to tennis.
Colleen Hawes, voiced opposition to converting existing tennis courts at Ruth Hardy Park to
pickleball courts.
Steven Kowalsky, recommended that the City Council support building new pickleball courts.
Charles LaMorte, opined that both Demuth Park and Ruth Hardy Park should have facilities to
accommodate tennis and pickleball games.
City Council Minutes December 5, 2018
City of Palm Springs Page 4
Sean Sheehan, voiced opposition to converting existing tennis courts to pickleball courts at Ruth
Hardy Park.
Julie Knowles, opined that pickleball should not be allowed on tennis courts, suggesting that the
City Council should support adding new pickleball courts at Demuth Park.
Linda Bert, voiced opposition to converting existing tennis courts to pickleball courts.
Dan Castellanos, spoke on the sense of community amongst tennis players at Ruth Hardy Park.
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS
Mayor Moon summarized the history of the Tennis Plaza Racquet Club, noting that it was owned
by the school district; noted that GuideStar named the Coachella Valley Economic Partnership
with Platinum Status; reported on the activities of the Coachella Valley Association of
Governments Executive Board.
Councilmember Kors reported on the activities of the Business Retention Subcommittee and
Cannabis Subcommittee; encouraged residents to participate in the upcoming Public Hearing
related to districting; requested that the ordinance related to business recycling be agendized for
December 19, 2018.
Councilmember Middleton reported on the activities of the SunLine Transit Agency, noting that it
is expanding routes and its fleet of zero emission vehicles.
Councilmember Holstege reported on the activities of the College of the Desert Subcommittee;
noted that the City Council will develop regulations related to the motorized scooters; invited the
community to attend the Menorah Lighting Ceremony at City Hall on December 6, 2018.
1. CONSENT CALENDAR
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM ROBERTS,
CARRIED 5-0, to approve the Consent Calendar, with Item No. 1D removed for separate
discussion.
A. TREASURER’S INVESTMENT REPORT AS OF OCTOBER 31, 2018
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
ROBERTS, CARRIED 5-0, to receive and file the Treasurer’s Investment Report as of
October 31, 2018.
B. REINSTATEMENT OF J. DOUGLAS DONENFELD TO THE PLANNING
COMMISSION FOR THE TERM ENDING DECEMBER 31, 2018
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
ROBERTS, CARRIED 5-0, to reinstate J. Douglas Donenfeld to the Planning Commission
for a term ending December 31, 2018.
City Council Minutes December 5, 2018
City of Palm Springs Page 5
C. APPROVAL OF PARCEL MAP 36706, TRIPALMSVIEW PROPERTIES, LLC
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
ROBERTS, CARRIED 5-0, to adopt Resolution No. 24520 entitled “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PARCEL MAP 36706, FOR PROPERTY LOCATED AT 555 NORTH
VIA MONTE VISTA, IN SECTION 10, TOWNSHIP 4 SOUTH, RANGE 4 EAST.”
D. REQUEST FOR CITY COUNCIL CONSIDERATION AND APPROVAL OF A
RESOLUTION IN SUPPORT OF THE IMPERIAL AND RIVERSIDE COUNTIES
JOINT MEMORANDUM OF UNDERSTANDING ON THE SALTON SEA
This item was excluded from the Consent Calendar. Please refer to Page 5 of these minutes
for a summary of that action.
E. AUTHORIZE A PURCHASE ORDER IN THE AMOUNT OF $48,797 WITH RS&H
CALIFORNIA, INC., A CALIFORNIA CORPORATION, FOR ARCHITECTURAL
DESIGN SERVICES ASSOCIATED WITH THE PALM SPRINGS INTERNATIONAL
AIRPORT TICKETING WING RENOVATION PROJECT
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
ROBERTS, CARRIED 5-0, to:
1. Authorize a Purchase Order in the amount of $48,797 with the City’s “on-call” professional
aviation consulting services firm, RS&H California, Inc., a California corporation,
pursuant to Agreement No. A7148, for constructability review and preliminary
construction management services related to the Palm Springs International Airport
Ticketing Wing Renovation Project.
2. Authorize the City Manager to execute all necessary documents.
EXCLUDED CONSENT CALENDAR
D. REQUEST FOR CITY COUNCIL CONSIDERATION AND APPROVAL OF A
RESOLUTION IN SUPPORT OF THE IMPERIAL AND RIVERSIDE COUNTIES
JOINT MEMORANDUM OF UNDERSTANDING ON THE SALTON SEA
Mayor Pro Tem Roberts requested that the Salton Sea Authority provide a presentation
regarding the Authority at a future City Council meeting.
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Resolution No. 24521 entitled “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN
SUPPORT OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
COUNTY OF IMPERIAL AND THE COUNTY OF RIVERSIDE ON THE SALTON
SEA.”
City Council Minutes December 5, 2018
City of Palm Springs Page 6
2. PUBLIC HEARINGS:
A. REQUEST BY THE CITY OF PALM SPRINGS FOR AMENDMENTS TO
CHAPTER 8.05 OF THE PALM SPRINGS MUNICIPAL CODE RELATIVE TO
PROCEDURES FOR ALTERATION AND DEMOLITION OF HISTORIC
BUILDINGS AND STRUCTURES, AND GENERAL REVISIONS TO HISTORIC
PRESERVATION STANDARDS, CASE 5.1454
Director of Planning Services Fagg narrated a PowerPoint presentation and responded to
City Council inquiries.
Mayor Moon opened the Public Hearing.
The following individual spoke in support of preserving historic structures and urged the
City Council to adopt the proposed ordinance:
Todd Hays
Erik Rosenow
Dick Burkett
Peter Moruzzi
Jade Nelson
Gary Johns
Bill LaVoie
Chris Menrad
Jim Franklin, representing the Palm Springs Regional Realtors Association, suggested that
the City Council should establish 1978 as the cutoff date for the applicability of the
proposed ordinance; recommended that the criminal charges provision be deleted from the
ordinance.
Sean Sheehan, opined that the City Council should retain the verbiage related to criminal
penalties, noting that it will provide the City with additional enforcement tools, if needed.
There being no others desiring to speak, Mayor Moon closed the Public Hearing.
During the course of discussion, the City Council provided the following direction:
The provision related to no construction for three years should run with the land, not
just the property owner and the decision should be made by the HSPB or City
Manager.
The preservation date is 1980.
Refine the language and create a Class 4 category.
Redefine the term “demolition” to “significant alteration” or other appropriate term.
Add a provision that the preservation date is to be reviewed every five years.
Provide an update on the effectiveness of the ordinance in one year.
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
ROBERTS, CARRIED 5-0, to introduce Ordinance No. 1970 entitled "AN ORDINANCE
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 8.05 OF
THE PALM SPRINGS MUNICIPAL CODE RELATIVE TO PROCEDURES FOR
ALTERATION AND DEMOLITION OF HISTORIC BUILDINGS AND
STRUCTURES, AND GENERAL REVISIONS TO HISTORIC PRESERVATION
STANDARDS, CASE 5.1454 ZTA."
City Council Minutes December 5, 2018
City of Palm Springs Page 7
MEETING RECESSED AND RECONVENED
The City Council recessed at 9:08 p.m. and reconvened at 9:17 p.m., with all members present.
B. COUNCIL CALL-UP OF THE NOVEMBER 14, 2018, DECISION BY THE
PLANNING COMMISSION TO APPROVE A ONE-YEAR TIME EXTENSION OF
THE ENTITLEMENTS RELATED TO THE ORCHID TREE HOTEL PROJECT
BY NEW CHURCH II, LLC, FOR THE 3.1-ACRE SITE LOCATED AT 222
SOUTH CAHUILLA ROAD (CASE 5.1345 CUP, HSPB 23, HSPB 72 & 3.0678 MAJ)
Director of Planning Services Fagg narrated a PowerPoint presentation and responded to
City Council inquiries.
Mayor Moon opened the Public Hearing.
Richard Weintraub, expressed willingness to work with the Police Department to evaluate
the site for security improvements, including installation of security cameras; advised that
a structural engineer has been hired to evaluate the church structure; advised that the
fencing, lighting, sidewalk, and security issues will be addressed; stated that he is working
with a parking consultant to evaluate parking options.
Mike Guerra, voiced support for the project and one-year extension; urged the City Council
to require improvements to the fencing.
Ron Kasper, expressed concerns related to public safety and blight; urged the City Council
to require screen fencing, surveillance cameras, and security patrols.
Rick Moran, voiced concern that the church roof is continuing to deteriorate and property
values are diminishing due to blight conditions at the site.
There being no others desiring to speak, Mayor Moon closed the Public Hearing.
In response to City Council inquiry, Mr. Weintraub stated that he will address the screen
fencing immediately and will work with the Police Department to evaluate security
improvements.
During the course of discussion, the City Council provided the following direction:
Property owner to work with Police Department on security plan and appropriate
locations for installation of wireless cameras.
Property owner to install “no trespassing” and “under surveillance” signage.
Property owner to repair fencing immediately.
Property owner to provide an update on the parking consultant’s report in six months.
Property owner to provide the City Engineer with an update on the church roof within 90 days.
City Council Minutes December 5, 2018
City of Palm Springs Page 8
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 24522
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING A ONE-YEAR EXTENSION OF TIME FOR
CASE NOS. 5.1345 CUP AND 3.0678 MAJ FOR THE ADAPTIVE RE-USE OF
EXISTING HISTORIC STRUCTURES AND CONSTRUCTION OF NEW HOTEL
BUILDINGS TO OPERATE A HOTEL, RESTAURANT, AND SPA ON A 3.1-ACRE
SITE LOCATED AT 222 SOUTH CAHUILLA ROAD."
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)
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
ROBERTS, CARRIED 5-0, to:
1. Table the Public Hearing with no testimony at this time, and continue the Public
Hearing to December 19, 2018.
2. Direct the City Clerk to post a Notice of Continuance pursuant to established
procedures.
3. LEGISLATIVE
A. AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING CHAPTERS 2.05, APPEAL TO CITY COUNCIL, 2.40, PERSONNEL,
2.50, ADMINISTRATIVE APPEALS BOARD, 8.80, VACANT BUILDINGS;
BLIGHTED PROPERTY, 10.18, DANGEROUS AND VICIOUS ANIMALS, AND
11.72, PUBLIC NUISANCES, OF THE PALM SPRINGS MUNICIPAL CODE,
RELATING TO REPLACING THE ADMINISTRATIVE APPEALS BOARD
WITH AN INDEPENDENT HEARING OFFICER; AND A REGULAR
ORDINANCE TO, IN ADDITION TO THE AMENDMENTS PROPOSED IN THE
URGENCY ORDINANCE, AMEND CHAPTER 2.40 TO REPLACE THE
PERSONNEL BOARD WITH AN INDEPENDENT HEARING OFFICER
At the request of staff, the item was deleted from the agenda.
4. UNFINISHED BUSINESS: None.
City Council Minutes December 5, 2018
City of Palm Springs Page 9
5. NEW BUSINESS
A. DISCUSSION REGARDING ADDITIONAL PICKLEBALL COURTS AT
VARIOUS PARKS
Director of Parks and Recreation Oltean presented the staff report and responded to City
Council inquiries.
During the course of discussion, the City Council provided the following direction:
Convert one Demuth Park tennis court to pickleball courts.
Maintain the other Demuth Park tennis courts, but allow them for use as temporary
pickleball courts.
Preserve Ruth Hardy Park tennis courts for exclusive use as tennis courts.
Direct staff to develop a menu of site locations and pickleball court features for City
Council’s consideration.
Work with the Palm Springs Unified School District to develop an agreement for use
of their tennis courts during the off season.
B. AMENDMENTS TO THE PURCHASE AND SALE AGREEMENT AND
SERVICES AGREEMENT WITH SELENE PALM SPRINGS, LLC, FOR THE
DREAM HOTEL PROJECT LOCATED AT THE NORTHEAST CORNER OF
CALLE ALVARADO AND EAST AMADO ROAD
Assistant City Manager Fuller presented the staff report.
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Approve Amendment No. 9 to the Purchase and Sale Agreement (A6329) with Selene
Palm Springs, LLC, a California limited liability company, related to the Dream Hotel
Project
2. Approve Amendment No. 3 to the Services Agreement (A6329) with Selene Palm
Springs, LLC, a California limited liability company, related to t he Dream Hotel
Project.
3. Authorize the City Manager or designee to take all steps needed to execute these
actions.
C. REVIEW AND MAKE APPOINTMENTS TO CITY COUNCIL
REPRESENTATIVES TO EXTERNAL ORGANIZATIONS
City Clerk Mejia presented the staff report.
Following discussion, the City Council agreed to make no changes to the current
appointment.
City Council Minutes December 5, 2018
City of Palm Springs Page 10
D. APPOINTMENT OF MAYOR PRO TEMPORE FOR THE TERM ENDING
DECEMBER 2019
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to appoint Geoff Kors as Mayor Pro Tempore for the term
ending December 2019.
PUBLIC COMMENT
Daryl Terrell, spoke on the importance of unity amongst neighbors and the holiday spirit.
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT
During the course of discussion, the City Council noted the following items for the City Council
meeting of December 19, 2018:
Hotel Renovation Incentive Ordinance – 1st Reading
Recycling Regulations for Businesses
Cannabis Tax Discussion
City Council Code of Conduct
Update on the Indian Canyon Conversion
Councilmember Middleton encouraged the City Council Subcommittee on Cannabis Issues to
consider Cathedral City’s proposal requiring that cannabis business operators receive a letter of
support from labor organizations.
ADJOURNMENT
At 10:48 p.m., the City Council adjourned in memory of George H. W. Bush and Geoffrey Webb,
to a Regular Meeting to be held on Wednesday, December 19, 2018, 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