HomeMy WebLinkAbout2018-11-14 CC MINUTES
Wednesday, November 14, 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, November 14, 2018, at 6:12 p.m., in the Council Chamber, City Hall, located at
3200 E. Tahquitz Canyon Way, Palm Springs, California.
PLEDGE OF ALLEGIANCE
Palm Springs Air Force ROTC Junior Color Guard 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
Nancy Stuart, Tramway Board Acting Chair, provided an update on the programs and services of
the Palm Springs Tramway.
Oliver Maxwell and Delaney Boynton, Desert Learning Academy, 4th Grade, expressed concern
about plastic pollution and polystyrene and the effects on the ocean and wildlife; recommend ed
using no straws or alternative straws; urged the City Council to adopt an ordinance banning plastic
straws.
ACCEPTANCE OF THE AGENDA
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER HOLSTEGE,
CARRIED 5-0, to remove Consent Calendar Item Nos. 1B, 1C, 1D, 1K, and 1P for separate
discussion.
City Council Minutes November 14, 2018
City of Palm Springs Page 2
REPORT OF CLOSED SESSION
The Regular Closed Session of the City Council of November 14, 2018, was called to order by
Mayor Moon at 3:30 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:
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, Pursuant to
Government Code Section 54956.9(d)(1):
4348 Lockwood Ave LLC et al v. City of Palm Springs
Case No. RIC 1703102, Riverside County Superior Court, Riverside Division
EHOF Canyon View, LLC v. City of Palm Springs
Case No. PSC 1806289, Riverside County 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 – EXPOSURE TO LITIGATION, Pursuant to
Government Code Section 54956.9(d)(2):
Number of Anticipated Cases: 9, including Robolights 2018-19
CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION, Pursuant to
Government Code Section 54956.9(d)(4):
Number of Anticipated Cases: 2
PUBLIC EMPLOYEE PERFORMANCE EVALUATION, Pursuant to Government Code Section
54957(b)(1):
City Attorney
CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code
Section 54956.8:
Property Address/Description: Vineyard Parking Lot, APNs 513-153-029, 513-153-015,
513-153-016, Northeast Corner of Belardo Rd. and Baristo Rd.
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: New Church II, LLC, a Nevada limited liability company
Under Negotiation: Price and Terms (Lease)
City Council Minutes November 14, 2018
City of Palm Springs Page 3
Property Address/Description: Baristo Parking Structure, APNs 513-154-044, 513-154-
045, 513-154-046, 513-154-047, 513-154-048, 275 South
Indian Canyon Dr.
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: New Church II, LLC, a Nevada limited liability co.
Under Negotiation: Price and Terms (Lease)
Property Address/Description: Plaza Mercado Parking Lot, APNs 513-143-017,
Northeast Corner of Belardo Rd. and Arenas Rd.
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: New Church II, LLC, a Nevada limited liability co.
Under Negotiation: Price and Terms (Lease)
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 or Purchase)
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 Safety
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; noted
that City Manager Ready recused himself related to the Lockwood litigation.
PUBLIC TESTIMONY
Jim Stuart, speaking on Item 1I, suggested that the City’s sewer line be extended to enable service
connections for north Palm Springs.
City Council Minutes November 14, 2018
City of Palm Springs Page 4
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS
Councilmember Kors advised that the City signed onto an amicus brief related to
Trump v. California and requested that the issue be agendized for the City Council meeting on
November 28, 2018; requested that a status update from the City’s Diversity Consultant regarding
Board and Commission recruitment efforts be agendized for the City Council meeting on
November 28, 2018.
Councilmember Holstege reported on her attendance at various City Council Subcommittee and
Regional Agency meetings; requested that the City Council discuss next steps in relation to the
CVRA Working Group’s Report at a future City Council meeting.
Councilmembers Kors and Holstege advised that they will prepare a resolution banning the use of
plastic straws at City facilities for a future City Council meeting.
Mayor Pro Tem Roberts reported on the Subcommittee meeting with cannabis stakeholders
regarding fees and taxes, odor control standards, and cashless systems; requested that the City
Council Subcommittee on Affordable Housing explore incentive programs for affordable housing
developments; advised that the businesses on Arenas Road have established a new Arenas
Business Association and requested to serve as the City Council liaison.
The City Council agreed to appoint Mayor Pro Tem Roberts to serve as the City Council liaison
to the Arenas Business Association.
Councilmember Middleton requested that staff coordinate a presentation with the Coachella Valley
Association of Governments (CVAG) regarding the installation of fiber optic as part of
transportation upgrades for a future City Council meeting.
Mayor Moon commended the Chamber of Commerce on their coordination of a new inductee to the
Walk of Stars; requested that discussions related to pickle ball be expedited so that recommendations
may be considered during the budget process; noted that the Downtown holiday decorations need to
be replaced and requested that lighting samples be installed for community feedback.
1. CONSENT CALENDAR
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to remove Consent Calendar Item Nos. 1B, 1C, 1D, 1K, and 1P
for separate discussion.
A. TREASURER’S INVESTMENT REPORT AS OF SEPTEMBER 30, 2018
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to receive and file the Treasurer’s Investment Report as of
September 30, 2018.
City Council Minutes November 14, 2018
City of Palm Springs Page 5
B. ADMINISTRATIVE APPEALS BOARD HEARING DECISIONS
This item was excluded from the Consent Calendar. Please refer to Page 9 of these minutes
for a summary of that action.
C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
This item was excluded from the Consent Calendar. Please refer to Page 10 of these
minutes for a summary of that action.
D. ACCEPT THE RESIGNATION OF JAMES REED FROM THE
ADMINISTRATIVE APPEALS BOARD FOR THE TERM ENDING JUNE 30, 2019
This item was excluded from the Consent Calendar. Please refer to Page 11 of these
minutes for a summary of that action.
E. ACCEPTANCE OF THE CITY COUNCIL CHAMBER AUDIO/VISUAL SYSTEM
UPGRADE, CP 15-06
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Accept the public works improvement identified as the City Council Chamber
Audio/Visual System Upgrade as completed in accordance with the plans and
specifications, CP 15-06. A6964
2. Authorize the City Engineer to execute and file for recordation with the Riverside
County Recorder a Notice of Completion for the City Council Chamber Audio/Visual
System Upgrade, CP 15-06.
F. ENGAGEMENT OF SPECIAL LEGAL COUNSEL; MICHAEL REITER, ESQ.,
MILLIGAN, BESWICK, LEVINE AND KNOX LLP
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Approve a Professional Services Agreement, with Milligan, Beswick, Levine and
Knox, a California Limited Liability Partnership, for special legal counsel services in
code enforcement and other municipal law practice areas determined on a case-by-case
basis, including without limitation complex code enforcement, cost recovery, and
receivership, in a form substantially similar to that published with this staff report,
subject to minor modification, within the reasonable discretion of the City Attorney.
A7227.
2. Authorize the City Manager to execute all necessary documents.
City Council Minutes November 14, 2018
City of Palm Springs Page 6
G. WAIVER OF FEES FOR ENCROACHMENT PERMITS RELATED TO PROPERTY
OWNER SIDEWALK REPAIR
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 24513 entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING WAIVER OF FEES FOR ENCROACHMENT PERMITS ISSUED TO
PROPERTY OWNERS PERFORMING REPAIRS TO CITY STREETS AND
SIDEWALKS ADJACENT TO THEIR PROPERTY.”
H. ACCEPTANCE OF THE AIRPORT AIRFIELD LIGHTING PROJECT, CP 17-07
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Accept the public works improvement identified as the Airfield Lighting Project as
completed in accordance with the plans and specifications, CP 17-07.
2. Authorize approval of Change Orders Nos. 10 and 11 in the amount of $118,874.22 for
work performed by the contractor and approved by the City’s Construction
Management firm URS. A7000.
3. Authorize the City Engineer to execute and file for recordation with the Riverside
County Recorder a Notice of Completion for the Airfield Lighting Project, CP 17-07.
I. APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH DOKKEN
ENGINEERING IN THE AMOUNT OF $93,100 FOR DESIGN SERVICES FOR THE
INDIAN CANYON DRIVE WIDENING & BRIDGE REPLACEMENT, CP 01-11
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. In accordance with Palm Springs Municipal Code Section 7.04.030 “Special Expertise
Procurement,” approve a Professional Services Agreement with Dokken Engineering
in the amount of $93,100 for design services related to the Indian Canyon Drive
Widening & Bridge Replacement, CP 01-11. A7228
2. Authorize the City Manager to execute all necessary documents.
City Council Minutes November 14, 2018
City of Palm Springs Page 7
J. CITY COUNCIL REPORT REGARDING THE CITY’S MEASURES TO
ALLEVIATE CONDITIONS WHICH LED TO ADOPTION OF INTERIM
URGENCY ORDINANCE NO. 1967 – A TEMPORARY MORATORIUM ON
CONVERSIONS OF GOLF COURSES FOR OTHER USES
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to adopt and issue the City Council Report to the public
describing the City’s measures to alleviate the conditions which led to the adoption of
Interim Urgency Ordinance No. 1967 – a temporary moratorium on conversions of golf
courses for other uses.
K. CONSIDERATION OF THE 2019 CITY COUNCIL/SUCCESSOR AGENCY
MEETING SCHEDULE
This item was excluded from the Consent Calendar. Please refer to Page 11 of these
minutes for a summary of that action.
L. APPROVAL OF A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY
REQUEST BY MICHAEL LAWRENCE CONSBRUCK AND DWIGHT JAMES
MORTENSEN FOR A TYPE 48 (ON SALE GENERAL) LIQUOR LICENSE FOR
A PROPOSED WINE BAR AND COCKTAIL LOUNGE WITHIN AN EXISTING
COMMERCIAL BUILDING LOCATED AT 600 EAST TAHQUITZ CANYON
WAY, ZONE REO OF SECTION 14 SPECIFIC PLAN (CASE 5.1451 PCN)
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 24515 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 600 EAST TAHQUITZ CANYON WAY,
WITHIN CENSUS TRACT NO. 9414.”
M. MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR A
CLASS 1 HISTORIC SITE LOCATED AT 1855 SANDCLIFF ROAD, HSPB 93/HD-5
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Approve a Mills Act Historic Property Agreement with Bruce E. Phillips Trust and
Sandcliff Homeowners Association, for 1855 Sandcliff Road, a Class 1 Historic Site,
HSPB 93/HD-5. A7229
2. Authorize the City Manager to execute the agreement.
3. Direct the City Clerk to record the agreement.
City Council Minutes November 14, 2018
City of Palm Springs Page 8
N. ACCEPTANCE OF THE CLASS II AND CLASS III BICYCLE LANES,
FEDERAL-AID PROJECT NO. CML-5282 (044), CP 14-14
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Accept the public works improvement identified Class II and Class III Bicycle Lanes
as completed in accordance with the plans and specifications, Federal Aid Project No.
CML-5282 (044), CP 14-14. A7125.
2. Authorize the City Engineer to execute and file for recordation with the Riverside
County Recorder a Notice of Completion for the Class II and Class III Bicycle Lanes,
Federal Aid Project No. CML-5282 (044), CP 14-14.
O. APPROVAL OF PROGRAM SUPPLEMENT NO. N038 REV. 1, WITH THE
STATE OF CALIFORNIA FOR USE OF HBP FEDERAL-AID FUNDS FOR THE
SOUTH PALM CANYON BRIDGE REPLACEMENT OVER TAHQUITZ CREEK
(BRIDGE NO. 56C-0408), CP 12-02, FEDERAL-AID PROJECT NO. BRLS-5282
(042)
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Adopt Resolution No. 24516 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM
SUPPLEMENT NO. N038 REV. 1 TO ADMINISTERING AGENCY-STATE
AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282R WITH THE STATE
OF CALIFORNIA, IN THE AMOUNT OF $1,860,901 FOR THE SOUTH PALM
CANYON BRIDGE REPLACEMENT OVER TAHQUITZ CREEK, CITY PROJECT
NO. 12-02, FEDERAL-AID PROJECT NO. BRLS-5282 (042)." A6452.
2. Authorize the City Manager to execute all necessary documents.
P. AUTHORIZATION OF AN INCREASE TO THE PURCHASE ORDERS FOR
FIRE ENGINE MAINTENANCE AND REPAIRS WITH SOUTH COAST
EMERGENCY VEHICLE SERVICE
This item was excluded from the Consent Calendar. Please refer to Page 12 of these
minutes for a summary of that action.
City Council Minutes November 14, 2018
City of Palm Springs Page 9
Q. AGREEMENT WITH PALM SPRINGS UNIFIED SCHOOL DISTRICT FOR
LAW ENFORCEMENT SERVICES FROM PALM SPRINGS POLICE
DEPARTMENT FOR A SCHOOL RESOURCE OFFICER
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Approve an agreement with Palm Springs Unified School District to provide a full-
time police officer (School Resource Officer) on the campus of the Palm Springs High
School and Desert Learning Academy, for one year expiring at the end of the 2018-19
school year. A5553.
2. Authorize the City Manager to execute all necessary documents.
R. APPROVAL OF AMENDMENT NO. 4 IN THE AMOUNT OF $25,000 TO
PROFESSIONAL SERVICES AGREEMENT NO. A6132 WITH MICHAEL
FONTANA AND ASSOCIATES FOR ON-CALL FACILITY CONSTRUCTION
OWNER REPRESENTATIVE SERVICES
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Approve Amendment No. 4 to Agreement No. A6132 increasing the contract amount
by $25,000, for a total not to exceed $200,000, with Michael Fontana and Associates
for On-Call Facility Construction Owner Representative Services.
2. Authorize the City Manager to execute all necessary documents.
S. APPROVAL OF MINUTES
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to approve the City Council Meeting Minutes of October 3, 2018,
October 4, 2018, October 17, 2018, and October 18, 2018.
EXCLUDED CONSENT CALENDAR
B. ADMINISTRATIVE APPEALS BOARD HEARING DECISIONS
In response to City Council inquiry, City Attorney Kotkin advised that the proposed
Ordinance which would have required a minimum of three affirmative votes to uphold a
vacation rental citation was not ultimately adopted; advised that staff will administratively
implement the requirement based on City Council direction.
The City Council directed staff to send Appeal Hearing notices to Neighborhood
Organizations and properties within 500 feet of a vacation rental property, if the citation is
related to a noise violation; expressed support for a requirement that citations upheld on a
2-1 vote be reheard by the full Board.
City Council Minutes November 14, 2018
City of Palm Springs Page 10
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to receive and file the Administrative Appeals Board decisions
from the August 27, 2018, September 12, 2018, September 21, 2018, and October 22, 2018,
hearings.
C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
The City Council requested that reimbursements to the City Council, City Manager, and
City Attorney be listed on a separate sheet or distinguishable in some manner from the
remainder of the payments.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNC ILMEMBER
KORS, CARRIED 5-0, to:
1. Adopt Resolution No. 24505 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS FOR THE PERIOD ENDED 08-25-2018 BY WARRANTS
NUMBERED 420443 THROUGH 420457 TOTALING $27,388.43, LIABILITY
CHECKS NUMBERED 1101171 THROUGH 1101174 TOTALING $1,493.64,
SEVEN ELECTRONIC ACH DEBITS OF $1,506,213.29 IN THE AGGREGATE
AMOUNT OF $1,535,095.36, DRAWN ON BANK OF AMERICA.”
2. Adopt Resolution No. 24506 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1101175 THROUGH
1101318 IN THE AGGREGATE AMOUNT OF $1,883,311.36, DRAWN ON BANK
OF AMERICA.”
3. Adopt Resolution No. 24507 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1101319 THROUGH
1101435 IN THE AGGREGATE AMOUNT OF $1,631,691.36, DRAWN ON BANK
OF AMERICA."
4. Adopt Resolution No. 24508 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS FOR THE PERIOD ENDED 09-08-2018 BY WARRANTS
NUMBERED 420458 THROUGH 420470 TOTALING $19,938.00, LIABILITY
CHECKS NUMBERED 1101436 THROUGH 1101455 TOTALING $79,050.70,
FOUR WIRE TRANSFERS FOR $60,083.49, AND FIVE ELECTRONIC ACH
DEBITS OF $1,444,405.31 IN THE AGGREGATE AMOUNT OF $1,603,477.50,
DRAWN ON BANK OF AMERICA."
(City Council action continued on the next page)
City Council Minutes November 14, 2018
City of Palm Springs Page 11
5. Adopt Resolution No. 24509 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1101456 THROUGH
1101549 IN THE AGGREGATE AMOUNT OF $789,052.16, DRAWN ON BANK
OF AMERICA."
6. Adopt Resolution No. 24510 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1101550 THROUGH
1101682 IN THE AGGREGATE AMOUNT OF $2,723,261.51, DRAWN ON BANK
OF AMERICA."
7. Adopt Resolution No. 24511 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS FOR THE PERIOD ENDED 09-22-2018 BY WARRANTS
NUMBERED 420471 THROUGH 420481 TOTALING $18,061.83, LIABILITY
CHECKS NUMBERED 1101683 THROUGH 1101701 TOTALING $79,481.08,
FOUR WIRE TRANSFERS FOR $67,344.58, AND FIVE ELECTRONIC ACH
DEBITS OF $1,422,152.06 IN THE AGGREGATE AMOUNT OF $1,587,039.55,
DRAWN ON BANK OF AMERICA."
8. Adopt Resolution No. 24512 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1101702 THROUGH
1101830 IN THE AGGREGATE AMOUNT OF $792,646.78, DRAWN ON BANK
OF AMERICA."
D. ACCEPT THE RESIGNATION OF JAMES REED FROM THE
ADMINISTRATIVE APPEALS BOARD FOR THE TERM ENDING JUNE 30, 2019
In response to City Council inquiry, City Clerk Mejia advised that interviews to fill the
vacancy on the Administrative Appeals Board will be scheduled as soon as possible.
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Accept with regret the resignation of James Reed from the Administrative Appeals
Board, effective November 15, 2018.
2. Direct the City Clerk to post a notice of vacancy for the term ending June 30, 2019.
K. CONSIDERATION OF THE 2019 CITY COUNCIL/SUCCESSOR AGENCY
MEETING SCHEDULE
The City Council agreed to conduct meetings on July 17, 2019 (instead of July 10, 2019)
and September 18, 2019 (instead of September 4, 2019) and to cancel the meeting of
November 6, 2019.
City Council Minutes November 14, 2018
City of Palm Springs Page 12
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 24514 entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPR INGS, CALIFORNIA,
APPROVING THE CANCELLATION AND RESCHEDULING OF CERTAIN CITY
COUNCIL MEETINGS AND ESTABLISHING THE RESCHEDULED MEETINGS AS
REGULAR MEETINGS OF THE CITY COUNCIL,” as amended.
P. AUTHORIZATION OF AN INCREASE TO THE PURCHASE ORDERS FOR
FIRE ENGINE MAINTENANCE AND REPAIRS WITH SOUTH COAST
EMERGENCY VEHICLE SERVICE
In response to City Council, City Manager Ready advised that it is his preference that the
City Manager’s purchasing authority remain at $25,000, noting that the City Manager has
emergency purchasing authority.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM
ROBERTS, CARRIED 5-0, to authorize the issuance of individual Purchase Orders in an
amount not to exceed $200,000 annually with South Coast Emergency Vehicle Service
related to heavy mechanical maintenance and repairs on the City’s fleet of fire engines and
aerial ladder trucks.
2. PUBLIC HEARINGS:
A. 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
Planning Services Director Fagg presented the staff report.
In response to City Council inquiry, City Attorney Kotkin advised that the City has engage
a third party consultant to review the Odor Management Program and purchased equipment
to assist staff in determining the source of cannabis odors; advised that a cannabis-related
business could be issued a citation or their permit could be revoked for violations of the
Municipal Code.
Mayor Moon opened the Public Hearing.
Charlie Kieley, Applicant, advised that his business will be housed in a new building
designed to prevent the release of odor; stated that the proposed Odor Mitigation Plan has
been developed by their consultant and reviewed by the City’s third party consultant.
Evernell Black, voiced concern related to the over-concentration of cannabis-related
businesses adjacent to the Desert Highland neighborhood, citing impacts to public health.
City Council Minutes November 14, 2018
City of Palm Springs Page 13
Carol Davis, Racquet Club, expressed concern related to the over saturation of cannabis-
related businesses in north Palm Springs.
Maria Deangelo, Vice Chair of the Upper Westside Neighborhood Organization, voiced
opposition to any new cannabis-related businesses in close proximity to residences, citing
concerns related to the release of volatile organic compounds.
Ron Oden, asserted that the over-concentration of cannabis-related businesses adjacent to
minority and disenfranchised communities equates to environmental racism.
Julie Montante, spoke in support of the proposed business, opining that it is not possible
for a cannabis-related business to eliminate all odors; noted that these businesses employ
over 200 people.
Tony Pellum, opined that the City need to address the existing cannabis odor problem prior
to approving another cannabis-related business in the same industrial zone.
Ray Marchant, asserted that the City has failed to address the cannabis odors from existing
facilities, opining that a new business should not be approved until odor issues are resolved.
Joy Brown Meredith, summarized the regulations for dispensaries, noting that two of the
existing seven cannabis-related businesses in the subject area are dispensaries and do not
contribute to the odor problem.
Monique Smith, expressed concern regarding the concentration of cannabis-related
businesses adjacent to an affordable housing complex with many children.
Shawnda Faveau, urged the City Council to direct staff to issue citations to businesses
which do not comply with the City’s odor regulations; opined that cannabis-related
businesses should be located near Interstate-10.
Thomas Hernandez, expressed concerns regarding cannabis odors and truck noise from the
existing businesses.
Dieter Crawford, voiced concern regarding the over-saturation of cannabis-related
businesses and negative impacts to adjacent residential neighborhoods.
Gary LaSalle, advised that he is the owner of one of the existing cannabis-related
businesses, noting that he is working to improve his odor mitigation plan and will work
with neighbors to address their concerns.
Carl Blair, advised that he lives within 300 feet of an existing cannabis-related business
and cited negative impacts from cannabis odors; urged the City Council to deny new
businesses until the odor issue is addressed.
Les Young, questioned whether the odor detection tools are sophisticated enough to
determine odor sources when multiple businesses are in close proximity.
City Council Minutes November 14, 2018
City of Palm Springs Page 14
Charlie Kieley, Applicant, pointed out that the City Council determined that cannabis-
related businesses would not have a saturation limit in the Industrial Zones; urged the City
Council to approve his project.
There being on others desiring to speak, Mayor Moon closed the Public Hearing.
Councilmember Kors requested that future cannabis-odor complaints be shared with the
City Council Subcommittee or full City Council.
In response to City Council inquiry, City Manager Ready advised that Code Enforcement
is on duty on weekends and will respond to odor complaints.
Councilmember Holstege suggested that the City Council discuss impacts from the over-
saturation of cannabis-related business on adjacent neighborhoods at a future City Council
meeting; requested that a map of all cannabis-related businesses be posted on the City’s
website.
Councilmember Middleton spoke on the need to address cannabis odors from existing
businesses before permitting new facilities; suggested that cannabis-related businesses
should avoid utilizing older building not designed to seal odors and that a more suitable
location is near Interstate-10.
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0 to continue the matter to the City Council meeting of
December 5, 2018.
RECESS AND RECONVENED
The City Council recessed at 9:16 p.m. and reconvened at 9:33 p.m., with all members present.
B. ADOPTION OF A RESOLUTION ESTABLISHING ANNUAL CANNABIS
RELATED BUSINESS AND ACTIVITIES PERMIT RENEWAL FEE
City Attorney Kotkin presented the staff report and responded to City Council inquiries;
noted that a revised version of the proposed ordinance was distributed to the City Council
and on file with the City Clerk.
Mayor Moon opened the Public Hearing.
Joy Brown Meredith, requested that the City consider allowing cannabis-related businesses
to pay fees on a monthly basis, stating that it will help small businesses.
There being on others desiring to speak, Mayor Moon closed the Public Hearing.
City Attorney Kotkin advised that he will work with the Fire Department to ensure that
inspect fees are set at the appropriate level for cost recovery.
City Council Minutes November 14, 2018
City of Palm Springs Page 15
The City Council referred consideration of allowing businesses to pay annual fees on a
monthly or quarterly basis to the Business Retention Subcommittee.
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Resolution No. 24517 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ESTABLISHING ANNUAL CANNABIS RELATED BUSINESS AND ACTIVITIES
PERMIT RENEWAL FEE,” as amended.
REORDERING OF THE AGENDA
By consensus, the City Council agreed to reorder the agenda to consider Item No. 3A following
consideration of New Business Items. For the convenience of these minutes, Item No. 3A is listed
in its natural order.
3. LEGISLATIVE:
A. INTRODUCTION OF AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, REPEALING PALM SPRINGS MUNICIPAL CODE SECTION
11.16.040 AND DISCUSSION OF POTENTIAL NEW FIREARMS REGULATIONS
City Attorney Kotkin requested that the City Council recess to a Closed Session to discuss
potential litigation related to this issue, noting that the matter is listed on the Closed Session
agenda. The City Council recessed to Closed Session at 11:33 p.m. and reconvened at
11:42 p.m., with all members present.
City Attorney Kotkin presented the staff report.
Councilmember Middleton advised that she will support the proposed ordinance, noting
that the State Legislature has enacted a new and similar law related to the reporting of lost
or stolen firearms.
Councilmember Holstege voiced opposition to the adopting the proposed ordinance based
on a threat of litigation, noting Palm Springs’ status as a Charter City and that the existing
ordinance is more protective than the new State law.
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY MAYOR MOON,
CARRIED 3-2 (COUNCILMEMBERS HOLSTEGE AND KORS VOTING NO), to
introduce Ordinance No. 1968 entitled “AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, REPEALING PALM SPRINGS MUNICIPAL CODE
SECTION 11.16.040.”
City Council Minutes November 14, 2018
City of Palm Springs Page 16
4. UNFINISHED BUSINESS:
A. APPROVE MEMORANDUM OF UNDERSTANDING WITH SUNLINE TRANSIT
AGENCY FOR BUZZ TROLLEY SERVICE
City Manager Ready presented the staff report. In response to City Council inquiry,
Mr. Ready advised that the Buzz Trolley route will be determined and under the control of
the SunLine Transit Agency.
Councilmember Middleton advised that SunLine staff has conducted a meeting with the
Historic Tennis Club Neighborhood and agreed to evaluate the current route based on
standard SunLine metrics to determine if adjustments are warranted.
Mayor Moon voiced opposition to using Measure J funds or General Funds to subsidize
the Buzz Trolley; voiced concern that SunLine will have authority to alter the routes
without input from the City Council, noting that residents have complained about specific
areas of the route for several years; noted that the Buzz Trolley ridership has declined over
the years, pointing out the emergence of rideshare companies.
Councilmember Kors suggested referring the question of determining a funding source to
the Budget Subcommittee, noting that Measure J funds should not be used.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Approve a Memorandum of Understanding with SunLine Transit Agency for BUZZ
Trolley Service, for an annual amount of $356,500, with a proration to the City’s first
payment to SunLine to reflect a starting date after December 1, 2018. A7230.
2. Authorize the City Manager to agree upon the date when SunLine operation of the
BUZZ Trolley will commence, and to execute all necessary documents.
5. NEW BUSINESS
A. REVIEW OF AN ASSESSMENT OF THE PLAZA THEATER COMPLETED BY
M. ARTHUR GENSLER & ASSOCIATES
Peter Wilson, Gensler & Associates, narrated a PowerPoint presentation and responded to
City Council inquiry.
By consensus, the City Council voiced support for hosting a community forum at the Plaza
Theater to garner community support and identify individuals interested in serving on a
Board of Trustees to assist with fundraising efforts.
City Council Minutes November 14, 2018
City of Palm Springs Page 17
B. APPROVAL OF A FINAL RELEASE OF THE PERFORMANCE DEED OF
TRUST FOR BLOCK A-1, BLOCK D, BLOCK F, AND BLOCK G OF THE
DOWNTOWN PALM SPRINGS PROJECT
City Attorney Kotkin presented the staff report and responded to City Council inquiries.
In response to City Council inquiry, Michael Braun, Grit Development, advised that Grit
Development has performed its obligations and is seeking release of the security
instrument; stated that the public bathroom is not open pending resolution of ongoing legal
issues, noting that it is unrelated to the security instrument; stated that his attorney is
advising him not to execute the agreement related to the public bathroom unless 1090
claims are waived; stated that he would be agreeable to executing a six month lease to
allow the City and Grit Development to address unresolved legal issues.
Mayor Pro Tem Roberts stated that he is disappointed in this situation and urged Mr. Braun
to release the bathroom immediately.
The City Council agreed to refer the matter to the Downtown Project Subcommittee and to
table the matter to November 28, 2018.
Councilmember Holstege requested that the future staff report identify the required public
improvements and status of compliance.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to table the matter to the City Council meeting of November 28, 2018.
C. AUTHORIZATION OF A PURCHASE ORDER TO MWH CONSTRUCTORS,
INC., IN THE AMOUNT NOT TO EXCEED $300,000 FOR AN UPDATE TO THE
CITY OF PALM SPRINGS WASTEWATER TREATMENT PLANT CAPITAL
REPAIR AND REHABILITATION PLAN, AND PREPARATION OF A
CORRESPONDING SEWER RATE STUDY
Assistant City Manager Fuller advised that the Purchase Order will include the non -
discrimination provision contained in standard contracts.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Appoint an Ad-Hoc Subcommittee relating to the Wastewater Enterprise focused on an
update to the WWTP CIP and corresponding Rate Study with a sunset date of
December 31, 2019.
2. Authorize a Purchase Order in the amount not to exceed $300,000 with MWH
Constructors, Inc., pursuant to the City’s “on-call” agreement for wastewater
engineering, construction management and inspection services. A6687.
3. Authorize the City Manager to execute all necessary documents.
City Council Minutes November 14, 2018
City of Palm Springs Page 18
D. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID THE 2018 SLURRY SEAL, CP 18-02
At the request of staff, this matter was tabled to a date uncertain.
E. APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE PALM
SPRINGS FIREFIGHTERS ASSOCIATION AND ADOPTING SALARY AND
BENEFIT CONDITIONS FOR UNREPRESENTED EMPLOYEES
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Adopt Resolution No. 24518 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A
MEMORANDUM OF UNDERSTANDING (MOU) RELATIVE TO WAGES,
HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR
EMPLOYEES IN THE PALM SPRINGS FIREFIGHTERS ASSOCIATION, FOR
THE PERIOD OF JULY 1, 2018, THROUGH JUNE 30, 2021, SUBJECT TO
ASSOCIATION EXECUTING THE MEMORANDUM OF UNDERSTANDING,
AND ADOPTING SALARY AND BENEFIT CONDITIONS OF EMPLOYMENT
FOR UNREPRESENTED EMPLOYEES SIMILAR TO THOSE OF THE
MANAGEMENT EMPLOYEE ASSOCIATION."
2. Adopt Resolution No. 24519 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDING
THE EMPLOYER-EMPLOYEE RELATIONS RESOLUTION NO. 16438 AND AS
PREVIOUSLY AMENDED BY RESOLUTION NOS.17793 AND 24276 FOR THE
FIREFIGHTER UNIT NAME CHANGE AND CLASSIFICATIONS OF
FIREFIGHTER PARAMEDIC, FIRE ENGINEER PARAMEDIC, AND FIRE
CAPTAIN PARAMEDIC.”
3. 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 and contracts, and any non-substantial MOU language
or reorganization.
F. CONSIDERATION OF SCHEDULING A JOINT MEETING WITH THE
PLANNING COMMISSION AND ADDITIONAL SPECIAL MEETINGS
RELATED TO DISTRICTING AND BOARD AND COMMISSION INTERVIEWS
The City Council agreed to conduct a Joint Session with the Planning Commission and to
take action related to districting on December 10, 2018 at 6:00 p.m., and to schedule Board
and Commission interviews on December 17, 2018, at a time to be determined.
City Council Minutes November 14, 2018
City of Palm Springs Page 19
PUBLIC COMMENT
None.
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT
None.
ADJOURNMENT
At 11:49 p.m., the City Council adjourned to a Special Meeting on Thursday, November 15, 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