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CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS

CITY OF PALM SPRINGS, CALIFORNIA
Council Chamber, City Hall
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262

www.palmspringsca.gov

 
REGULAR MEETING AGENDA
            
           December 4, 2019          
 
           
4:30 PM CLOSED SESSION
6:00 PM REGULAR MEETING

Robert Moon, Mayor
Geoff Kors, Mayor Pro Tem
Christy Gilbert Holstege, Councilmember
Lisa Middleton, Councilmember
J. R. Roberts, Councilmember 
Grace Elena Garner, Councilmember-Elect
Dennis Woods, Councilmember-Elect

 

City of Palm Springs Mission Statement: Palm Springs is an inclusive world-class city dedicated to providing excellent and responsive public services to enhance the quality of life for current and future generations.
 


David H. Ready, Esq., Ph.D., City Manager
Anthony J. Mejia, MMC, City Clerk
Marcus Fuller, MPA, P.E., P.L.S., Assistant City Manager 
Jeffrey S. Ballinger, City Attorney

Nancy Pauley, Director of Finance and Treasurer
Any person who wishes to provide public testimony for an Item on the Agenda MUST file a speaker card prior to the Public Testimony (Non-Public Hearing Agenda Items Only) prior to that portion of the meeting. Testimony for Public Hearings will be allowed only during the Public Hearing. [Two (2) minutes per speaker]

Testimony for Public Hearings will only be taken at the time of the hearing. Any person who wishes to speak at a Public Hearing must file a “Speaker Card” with the City Clerk BEFORE the Public Hearing is called. [Two (2) minutes per speaker]

Any person who wishes to speak on a topic not on the agenda within the City’s jurisdiction during the “Public Comments” portion of the agenda must file a “Speaker Card” with the City Clerk BEFORE that portion of the agenda is called. [Two (2) minutes per speaker] Although the City Council values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda.

Please note, any agenda item which has not been initiated by 11:00 p.m. may be continued to a subsequent meeting.

At approximately 10:00 p.m., the City Council will determine the number of speakers who wish to address the City Council during Public Comment for non-Agenda Items, and determine which agenda items will be considered before the 11:00 p.m. Adjournment time.

 
The City Council encourages written public testimony prior to the meeting, which provides the City Council ample time and attention for consideration. All written testimony will be provided to the City Council prior to the discussion. Written testimony may be sent via email to CITYCLERK@palmspringsca.gov, by fax at (760) 322-8332, or hand delivery to the City Clerk, Palm Springs City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262.
 
             
   
4:30 P.M. CLOSED SESSION
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CALL TO ORDER (Council Chamber):
 
PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY (Council Chamber): The City Council welcomes public input. Members of the public may address the City Council by completing a public comment card and giving it to the City Clerk prior to the meeting. Pursuant to State Law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). If you are compensated to communicate with City officials, you may be required to register and/or make certain disclosures as a lobbyist, please see the City Clerk for additional information.
 
RECESS TO CLOSED SESSION (Small Conference Room): See Closed Session Agenda.
 
 
6:00 P.M. REGULAR MEETING
 
CALL TO ORDER:
 
PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard
 
ROLL CALL:
 
PRESENTATIONS:
 
ACCEPTANCE OF THE AGENDA:  The City Council will discuss the order of the agenda, may amend the order, add urgency items, note abstentions or "no" votes on Consent Calendar items, and request Consent Calendar items be removed from the Consent Calendar for discussion. The City Council may also remove items from the Consent Calendar prior to that portion of the Agenda.
 
REPORT OF CLOSED SESSION:
 
PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY)
This time has been set aside for members of the public to address the City Council only on agenda items. Two (2) minutes will be assigned to each speaker. Testimony for Public Hearings will only be taken at the time of the hearing, and General Public Comments, non-agenda items, will be taken later in the meeting.
 
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS: This time is set aside for the City Council to provide additional general comments, reports, and announcements. Additionally, this time is set aside for the City Manager to update the City Council on important items initiated by staff or previously requested by the City Council.
 
1.   CONSENT CALENDAR:
The following routine matters may be acted upon by one motion. Individual items may be removed by the Council for separate discussion at this time or under Acceptance of the Agenda. The ordinance title is deemed to be read in its entirety and further reading waived on any ordinance listed on the Consent Calendar.
 
A.   APPROVAL OF MINUTES
RECOMMENDATION:

Approve the City Council Meeting Minutes of November 6, 2019.
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B.   ADOPTION OF A RESOLUTION DECLARING THE RESULTS OF THE NOVEMBER 5, 2019, GENERAL MUNICIPAL ELECTION
RECOMMENDATION:

Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECITING THE FACT OF THE REGULAR MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2019, DECLARING THE RESULT AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW."
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C.   ACCEPT THE RESIGNATION OF T SANTORA FROM THE SUSTAINABILITY COMMISSION
RECOMMENDATION:

Accept with regret the resignation of T Santora from the Sustainability Commission.
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D.   APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDING 10-19-2019 AND 11-02-2019 BY WARRANTS NUMBERED 420863 THROUGH 420897 TOTALING $58,397.49 CLAIMS, DEMANDS AND LIABILITY CHECKS NUMBERED 1109408 THROUGH 1109918 TOTALING $4,880,369.12, EIGHT WIRE TRANSFERS FOR $144,960.32, AND TEN ELECTRONIC ACH DEBITS OF $3,300,793.26 IN THE AGGREGATE AMOUNT OF $8,384,520.19, DRAWN ON BANK OF AMERICA."
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E.   TREASURER’S INVESTMENT REPORT AS OF OCTOBER 31, 2019
RECOMMENDATION:

Receive and file Treasurer's Investment Report as of October 31, 2019.
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F.   SECOND READING AND ADOPTION OF ORDINANCE NO. 2006, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 2.04.010 RELATING TO THE CITY COUNCIL MEETINGS PLACE, DAYS, AND TIME
RECOMMENDATION:

Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 2006, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 2.04.010 RELATING TO THE CITY COUNCIL MEETINGS PLACE, DAYS, AND TIME."
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G.   SECOND READING AND ADOPTION OF ORDINANCE NO. 2004, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AMENDMENT TO CHAPTER 93.00 OF THE PALM SPRINGS ZONING CODE TO ADD SECTIONS 93.16.00 THROUGH 93.16.09 AND AMENDING SECTIONS 92.17.1.01, 92.17.2.01, 92.20.01, 92.21.01 AND 93.03.00 TO FACILITATE SOLAR ENERGY SYSTEMS
RECOMMENDATION:

Waive the second reading of the ordinance text in its entirety, read by title only, and adopt Ordinance No. 2004 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AMENDMENT TO CHAPTER 93.00 OF THE PALM SPRINGS ZONING CODE TO ADD SECTIONS 93.16.00 THROUGH 93.16.09 AND AMENDING SECTIONS 92.17.1.01, 92.17.2.01, 92.20.01, 92.21.01, AND 93.03.00 TO FACILITATE SOLAR ENERGY SYSTEMS."
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H.   SECOND READING AND ADOPTION OF ORDINANCE NO. 2007 OF THE CITY OF PALM SPRINGS, CALIFORNIA, RELATIVE TO THE DEVELOPMENT STANDARDS FOR CANNABIS USES (CASE 5.1218-H ZTA)
RECOMMENDATION:

Waive the second reading of the ordinance text in its entirety, read by title only, and adopt Ordinance No. 2007, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE PALM SPRINGS ZONING CODE RELATED TO THE LOCATION AND OPERATION OF CANNABIS FACILITIES WITHIN THE CITY (CASE 5.1218-H ZTA)."
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I.   PALM SPRINGS BOARD OF LIBRARY TRUSTEES ANNUAL REPORT FOR FISCAL YEAR 2018-19
RECOMMENDATION:

Receive and file the Palm Springs Board of Library Trustees Annual Report for Fiscal Year 2018-19.
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J.   REQUEST BY THE PALM SPRINGS PUBLIC ARTS COMMISSION FOR APPROVAL OF TWO ART MURALS ON THE NORTH FACADE OF THE PALM SPRINGS CULTURAL CENTER AT 2300 EAST BARISTO ROAD (CASE 19-004 MUR)
RECOMMENDATION:
  1.  Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ART MURAL ENTITLED "VISITING MIRAGE" BY ARTIST GABBY B-VASQUEZ ON THE NORTH FACADE OF THE PALM SPRINGS CULTURAL CENTER AT 2300 EAST BARISTO ROAD (CASE 19-004 MUR)."
  2. Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ART MURAL ENTITLED "TRANSPLANT" BY ARTIST ANNE FAITH NICHOLS ON THE NORTH FACADE OF THE PALM SPRINGS CULTURAL CENTER AT 2300 EAST BARISTO ROAD (CASE 19-004 MUR)."
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K.   REQUEST FOR APPROVAL OF MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR A CLASS 1 HISTORIC SITE LOCATED AT 468 WEST TAHQUITZ CANYON WAY (HSPB #122)
RECOMMENDATION:
  1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Tracy Conrad and Paul Marut, a Class 1 Historic Site (HSPB #122).
  2. Authorize the City Manager to execute the Agreement.
  3. Direct the City Clerk to record the Agreement.
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L.   REQUEST FOR APPROVAL OF MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR CLASS 1 HISTORIC SITE LOCATED AT 360 CABRILLO ROAD UNIT 105 (RACQUET CLUB COTTAGES WEST HD-3)
RECOMMENDATION:
  1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs, The Zaradich Family Trust UDT and the Racquet Club Garden Villas Homeowners Association, for 360 Cabrillo Road Unit 105 (HSPB #88 I HD-3).
  2. Authorize the City Manager to execute the Agreement.
  3. Direct the City Clerk to record the Agreement.
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M.   REQUEST FOR APPROVAL OF MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR CLASS 1 HISTORIC SITE LOCATED AT 360 CABRILLO ROAD UNIT 214 (RACQUET CLUB COTTAGES WEST HD-3)
RECOMMENDATION:
  1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs, Chris Bale and the Racquet Club Garden Villas Homeowners Association, for 360 Cabrillo Road Unit 214 (HSPB #88 I HD-3).
  2. Authorize the City Manager to execute the Agreement.
  3. Direct the City Clerk to record the Agreement.
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N.   REQUEST BY MARK VAN LAANEN FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) TO SELL PACKAGED BEER AND WINE FOR OFF-SITE CONSUMPTION (TYPE 20 - OFF-SALE BEER & WINE) AND CONDUCT MONTHLY INDOOR BEER AND WINE TASTING (TYPE 42 - ON SALE BEER & WINE - PUBLIC PREMISES) IN CONJUNCTION WITH THE OPERATION OF A DELICATESSEN AT 111 NORTH PALM CANYON DRIVE #155 WITHIN THE DOWNTOWN PALM SPRINGS SPECIFIC PLAN AREA, ZONE CBD (CASE 5.1495 PCN)
RECOMMENDATION:

Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT PUBLIC CONVENIENCE OR NECESSITY WOULD BE SERVED BY THE ISSUANCE OF ALCOHOLIC BEVERAGE CONTROL LICENSES TYPE 42 AND TYPE 20 FOR ON THE MARK FINE FOODS AND PROVISIONS LOCATED AT 111 NORTH PALM CANYON DRIVE #155 WITHIN CENSUS TRACT NUMBER 446.06."
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O.   MODIFYING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE PALM SPRINGS FIREFIGHTERS ASSOCIATION
RECOMMENDATION:
  1. Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING MODIFYING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE PALM SPRINGS FIREFIGHTERS ASSOCIATION."
  2. Authorize the City Manager to execute all necessary documents.
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P.   SUMMARY OF PUBLIC INTEGRITY STANDING SUBCOMMITTEE MEETING FROM SEPTEMBER 26, 2019
RECOMMENDATION:

Receive and file the summary of the Public Integrity Standing Subcommittee Meeting from September 26, 2019.
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Q.   DECISIONS OF THE ADMINISTRATIVE APPEALS BOARD FOR HEARING HELD ON AUGUST 28, 2019
RECOMMENDATION:

Receive and file the Administrative Appeals Board decision from the August 28, 2019 hearing.
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R.   DECISIONS OF THE ADMINISTRATIVE APPEALS BOARD FOR HEARINGS HELD ON SEPTEMBER 25, 2019
RECOMMENDATION:

Receive and file the Administrative Appeals Board decisions from the September 25, 2019 hearings.
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S.   DECISIONS OF THE ADMINISTRATIVE APPEALS BOARD FOR HEARINGS HELD ON OCTOBER 23, 2019
RECOMMENDATION:

Receive and file the Administrative Appeals Board decisions from the October 23, 2019 hearings.
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T.   SECOND READING AND ADOPTION OF ORDINANCE NO. 2005 AN ORDINANCE OF THE CITY PALM SPRINGS TO REPEAL CHAPTERS 5.35 AND 5.45 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO MEDICAL CANNABIS AND RELATED BUSINESSES AND ACTIVITIES AND AMENDING CHAPTER 5.55 OF THE PALM SPRINGS MUNICIPAL CODE TO CONFORM TO THE STATE LAWS AND REGULATIONS REGARDING ADULT-USE CANNABIS RELATED BUSINESSES AND ACTIVITIES
RECOMMENDATION:

Waive the second reading of the text in its entirety, ready by title only, and adopt Ordinance No. 2005, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.55 OF THE PALM SPRINGS MUNICIPAL CODE REGARDING CANNABIS USE AND DELETING CHAPTERS 5.35 AND 5.45 OF THE PALM SPRINGS MUNICIPAL CODE."
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U.   APPROVE AN AGREEMENT FOR BACKGROUND SERVICES WITH BRUCE BOWER INVESTIGATIONS
RECOMMENDATION:
  1. Approve contract services agreement for background services with Bruce Bower Investigations.
  2. Authorize the City Manager to execute all necessary documents.
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V.   APPROVAL OF A RESOLUTION SUPPORTING THE 2020 DECENNIAL CENSUS THROUGH THE CREATION OF A LOCAL GOVERNMENT COMPLETE COUNT COMMITTEE IN THE CITY OF PALM SPRINGS
RECOMMENDATION:
  1. Adopt a resolution entitled, "A RESOLUTION OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUPPORTING THE 2020 DECENNIAL CENSUS THROUGH THE CREATION OF A LOCAL GOVERNMENT COMPLETE COUNT COMMITTEE IN THE CITY OF PALM SPRINGS."
  2. Direct staff to opt-in to funding from Riverside County and accept $13,594 from the County in support of 2020 Census outreach activities.
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EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.
 
2.   OUTGOING COUNCILMEMBER COMMENTS
 
3.   ADMINISTER OATH OF OFFICE TO NEWLY ELECTED PUBLIC OFFICIALS
 
4.   INCOMING COUNCILMEMBER COMMENTS
 
5.   APPOINTMENT OF THE MAYOR AND MAYOR PRO TEM
RECOMMENDATION:


Pursuant to Resolution No. 24593, appoint Geoff Kors to serve as Mayor and Christy Holstege to serve as Mayor Pro Tem for terms ending December 2020.
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6.   REVIEW AND MAKE APPOINTMENTS TO REPRESENTATIVES TO EXTERNAL ORGANIZATIONS THAT ARE MEETING PRIOR TO THE JANUARY 9, 2020, CITY COUNCIL MEETING
RECOMMENDATION:
  1. Make appointments to City Council Subcommittees, project liaisons, and representatives to external organizations, as necessary.
  2. 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.
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PUBLIC COMMENT: (Non-Agenda Items) This time has been set aside for members of the public to address the City Council on items of general interest within the subject matter jurisdiction of the City. Although the City Council values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Two (2) minutes will be assigned to each speaker.
 
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT: This time is set aside for the City Council to make requests of staff, and/or issues of concern to Councilmembers are briefly presented, prioritized and set for future meeting dates.
 
ADJOURNMENT: The City Council will adjourn to the next regular meeting on Thursday, January 9, 2020, 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.
 
 
AFFIDAVIT OF POSTING

State of California               )
County of Riverside            )   ss.
City of Palm Springs           )
 
I, John Paul Maier, Chief Deputy City Clerk of the City of Palm Springs, California, hereby certify this Agenda was delivered to each member of the City Council, provided to all parties who have requested such notice, posted at City Hall before 5:00 p.m., on Friday, November 28, 2019, and posted on the City’s website as required by established policies and procedures. 
 
                                                                                                                                                ____________________________
                                                                                                                                                John Paul Maier, MMC
                                                                                                                                                Chief Deputy City Clerk

P U B L I C  N O T I C E S

 
Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way.  Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk.  Agenda and staff reports are available on the City’s website www.palmspringsca.gov.  If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at
(760) 323-8204.
 
It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 323-8204, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible.

    

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