Agenda

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

www.palmspringsca.gov

AMENDED REGULAR MEETING AGENDA
(Unfinished Business Items 4A and 4B have been moved to New Business Items 5B and 5C)
3:30 PM CLOSED SESSION
5:30 PM REGULAR SESSION

Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference and there will be no in-person public access to the meeting location.

Submit your public comment to the City Council electronically. Material may be emailed to cityclerk@palmspringsca.gov. Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the City Council and retained for the official record.
You may provide telephonic comments by calling the City Clerk's Office at (760) 323-8204 You may be added to the queue at any time prior to the end of the public comment period for the subject hearing. At the appropriate time, a staff member will call you so that you may provide your public testimony to the City Council.
View the City Council meeting live at the City’s website www.palmspringsca.gov/pstv, YouTube, or Channel 17 (Spectrum).

October 28, 2021

3:30 PM CLOSED SESSION
5:30 PM REGULAR MEETING

Christy Gilbert Holstege, Mayor
Lisa Middleton, Mayor Pro Tem
Grace Elena Garner, Councilmember
Geoff Kors, Councilmember
Dennis Woods, Councilmember

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.

Justin Clifton, City Manager
Anthony J. Mejia, MMC, City Clerk
Jeffrey S. Ballinger, City Attorney
Nancy Pauley, Director of Finance and Treasurer

AGENDA EN ESPAÑOL DISPONIBLE EL SÁBADO - HAGA CLIC AQUÍ Click to View

3:30 P.M. CLOSED SESSION

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CALL TO ORDER:

PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY: The City Council welcomes public input. 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 call the City Clerk at 760-323-8204 for additional information.

RECESS TO CLOSED SESSION: See Closed Session Agenda.

5:30 P.M. REGULAR MEETING

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

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.

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.

FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361.

RECOMMENDATION:
That the City Council finds that the City Council has considered the circumstances of the state of emergency during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing, and as a result, the Palm Springs City Council and all of Palm Springs Board, Commission, and Committee meetings will be held by videoconference, in accordance with AB 361. Click to View

APPROVAL OF MINUTES.

RECOMMENDATION:
Approve the City Council Meeting Minutes of July 8, 2021. Click to View

RECEIVE AND FILE BOARD AND COMMISSION MEETING MINUTES.

RECOMMENDATION:
Receive and file Board and Commission meeting minutes. Click to View

RESOLUTION SETTING THE REGULAR CITY COUNCIL MEETING SCHEDULE FOR 2022.

RECOMMENDATION:
Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE CITY COUNCIL REGULAR MEETING PLACE, DAYS, AND TIME AND RESCINDING RESOLUTION NO. 24830.”

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APPOINTMENT TO THE COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT BOARD OF TRUSTEES.

RECOMMENDATION:
Reappoint Dr. Douglas Kunz to the Coachella Valley Mosquito and Vector Control District Board of Trustees for the term ending December 31, 2024. Click to View

RESOLUTION DELEGATING TO THE CITY MANAGER AUTHORITY TO RESOLVE CLAIMS MADE AGAINST THE CITY IN AMOUNT NOT TO EXCEED $50,000 AND RESCINDING RESOLUTION NO. 12340.

RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DELEGATING TO THE CITY MANAGER, OR DESIGNEE, THE AUTHORITY TO RESOLVE CLAIMS MADE AGAINST THE CITY IN AN AMOUNT NOT TO EXCEED $50,000, AS AUTHORIZED BY GOVERNMENT CODE SECTION 935.4 AND RESCINDING RESOLUTION NO. 12340.”
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SUMMARY VACATION OF A 20-FOOT-WIDE INGRESS/EGRESS EASEMENT FOR SERVICE & EMERGENCY VEHICLES WITHIN PARCELS 2 & 3 OF PARCEL MAP NO. 36446, IN SECTION 15, TOWNSHIP 4, RANGE 4 EAST (ENG. FILE R 21-17-0201).

RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A SUMMARY VACATION AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN A 20 FT. WIDE INGRESS/EGRESS EASEMENT FOR SERVICE & EMERGENCY VEHICLES WITHIN PARCELS 2 & 3, OF PARCEL MAP NO. 36446, MAP BOOK 238/31-34, IN SECTION 15, TOWNSHIP 4, RANGE 4 EAST, ENG. FILE R 21-17-0201, AND APPROVING A DETERMINATION THAT THE ACTION IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)” Click to View

APPROVAL OF AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT (A6938) WITH RICONDO & ASSOCIATES, INC. IN THE AMOUNT OF $136,400 AND EXTENSION OF TERM BY EIGHTEEN (18) MONTHS, THROUGH JUNE 30, 2023.

RECOMMENDATION:

Approve Amendment No. 2 to Agreement No. 6938 with Ricondo & Associates, Inc. in the amount of $136,400 for a total contract amount of $697,594 and extend the term by 18 months through June 30, 2023, for professional services related to Palm Springs International Airport.
Authorize the City Manager and/or his designee to execute all necessary documents.

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AUTHORIZE ISSUANCE OF A LETTER TO THE OFFICE OF THE ATTORNEY GENERAL IN SUPPORT OF THE ACLU’S REQUEST FOR AN INVESTIGATION INTO THE RIVERSIDE COUNTY SHERIFF’S DEPARTMENT AND SHERIFF CHAD BIANCO.

RECOMMENDATION:
Authorize the issuance of a letter to the Office of the Attorney General in support of the American Civil Liberties Union (ACLU) and other organizations’ request for an investigation into the Riverside County Sheriff’s Department and Sheriff Chad Bianco.
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APPROVE A NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT WITH SKYWEST AIRLINES FOR TERMINAL USE SPACE AT PALM SPRINGS INTERNATIONAL AIRPORT.

RECOMMENDATION:

Approve a Non-Exclusive Operating and Lease Agreement for Terminal Use Space with SkyWest Airlines for the lease of 450 square feet of office space at $44.60 per square foot per year, effective September 1, 2021, through August 31, 2022, with two one-year options.
Authorize the City Manager and/or his designee to execute all necessary documents.

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ACCEPT RESIGNATIONS FROM THE SUSTAINABILITY COMMISSION.

RECOMMENDATION:
Accept with regret the resignation of Sandra Garratt, Greg Gauthier, and Jim Flanagan from the Sustainability Commission. Click to View

AUTHORIZE AWARDS TO ABBE & ASSOCIATES AND RECREATE WASTE COLLABORATIVE, LLC, FOR TECHNICAL AND COMPLIANCE ASSISTANCE SERVICES IN SUPPORT OF FOOD WARE AND FOOD WASTE REQUIREMENTS, APPROVE THE ALLOCATION OF $150,000 FROM RECYCLING FUND BALANCE FOR THESE CONSULTING SERVICES, AND APPROVE THE ALLOCATION OF $50,000 FROM RECYCLING FUND BALANCE FOR A SUSTAINABILITY SCHOLARSHIP PROGRAM.

RECOMMENDATION:

Approve awards to Abbe & Associates and to ReCreate Waste Collaborative, LLC, to provide technical and compliance assistance support services to local businesses. The total amount across both firms will not exceed $150,000 for a one-year period (i.e., $75,000 per firm).
Approve the transfer of $150,000 from Recycling Fund Balance to cover the cost of the contracts.
Approve the transfer of $50,000 from Recycling Fund Balance for Sustainability Scholarships to support businesses in complying with the Food Ware Ordinance.
Authorize the City Manager to execute all necessary documents.

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DIRECT THE CITY MANAGER TO TRANSFER VARIOUS FUND BALANCE TRANSFERS IN THE AMOUNT OF $92,893 FROM THE RECYCLING FUND TO SUPPORT WASTE AND RECYCLING PROGRAMS.

RECOMMENDATION:
Approve a transfer of fund balance from the Recycling Fund for Sustainability Program expenses in the amount of $92,893 for the expenses as outlined in the staff report.
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APPROVE VARIOUS FUND BALANCE TRANSFERS FROM THE SUSTAINABILITY FUND TO SUPPORT SUSTAINABILITY PROGRAMS.

RECOMMENDATION:
Approve a transfer from fund balance of the Sustainability Fund for Sustainability Program expenses as outlined in the staff report.
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EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.

PUBLIC HEARINGS:

A REQUEST FOR COUNCIL MEMBER REVIEW OF ACTION TAKEN BY THE PLANNING COMMISSION TO APPROVE A CONDITIONAL USE PERMIT APPLICATION BY KINGS GARDEN, INC., FOR THE EXPANSION OF AN EXISTING TYPE 3A AND TYPE 4 CANNABIS CULTIVATION FACILITY FROM A 37,787-SQUARE FOOT FACILITY TO A 212,027-SQUARE FOOT FACILITY WITH AN ASSOCIATED 5,650 SQUARE FOOT WAREHOUSE LOCATED AT 63-795 19^TH AVENUE WITHIN THE CANNABIS OVERLAY ZONE; ZONE DISTRICT M-2, SECTION 15 (CASE 5.1518-CUP).

RECOMMENDATION:

Open the hearing and receive testimony.
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT APPLICATION, CASE 5.1518-CUP, BY KINGS GARDEN, LLC, FOR THE EXPANSION OF AN EXISTING CANNABIS CULTIVATION FACILITY FROM A 37,787-SQUARE FOOT FACILITY TO A 212,027-SQUARE-FOOT CANNABIS CULTIVATION FACILITY LOCATED AT 63795 19TH AVENUE; ZONE M-2, SECTION 15."

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REQUEST BY SMS ARCHITECTS ON BEHALF OF HALL PALM SPRINGS II, TO AMEND THE FINAL DEVELOPMENT PLANS FOR THE THOMPSON HOTEL (FORMERLY KNOWN AS THE ANDAZ HOTEL) TO ADD FOUR ADDITIONAL GUESTROOMS FOR A TOTAL OF 168 GUEST ROOMS AT THE PROPOSED HOTEL FACILITY LOCATED AT 414 NORTH PALM CANYON DRIVE, ZONE PD324, (5.1091-PD-324).

RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1091-PDD 324, AN AMENDMENT TO FINAL DEVELOPMENT PLANS OF PDD 324 TO ALLOW THE REMOVAL OF THE SPA/FITNESS AND SOCIAL ROOMS ON THE SECOND LEVEL OF THE THOMPSON HOTEL AND TO REPLACE IT WITH FOUR ADDITIONAL GUESTROOMS FOR A TOTAL OF 168 GUESTROOMS AT THE THOMPSON HOTEL LOCATED AT 414 NORTH PALM CANYON DRIVE, ZONE PDD 324/CBD.” Click to View

AN APPEAL BY HOWARD HYMAN REQUESTING THAT THE CITY COUNCIL OVERTURN THE DECISION OF THE PLANNING COMMISSION TO APPROVE A MAJOR ARCHITECTURAL APPLICATION TO CONSTRUCT A NEW 5,846-SQUARE-FOOT SINGLE-FAMILY RESIDENCE AND A 576-SQUARE FOOT DETACHED CASITA WITH ROOFTOP DECK ON A HILLSIDE LOT, LOCATED AT 585 CAMINO CALIDAD (CASE 3.4224 MAJ & 7.1631 AMM), ZONE R-1-A, APN 513-260-028.

RECOMMENDATION:

Open the appeal hearing and receive testimony.
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL BY HOWARD HYMAN AND UPHOLDING THE PLANNING COMMISSION DECISION TO APPROVE CASE 3.4206 MAJ, A MAJOR ARCHITECTURAL APPLICATION FOR THE CONSTRUCTION OF A 5,846-SQUARE-FOOT SINGLE-FAMILY RESIDENCE ON A HILLSIDE PARCEL LOCATED AT 585 CAMINO CALIDAD, ZONE R-1-A, (CASE 3.4224 MAJ).”

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LEGISLATIVE:

INTRODUCTION OF AN ORDINANCE ENTITLED, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 2.60.040(D) OF THE PALM SPRINGS MUNICIPAL CODE, REGARDING DUTIES OF OFFICIALS AND AMENDING SECTION 2.60.050 OF THE PALM SPRINGS MUNICIPAL CODE, REGARDING DUTIES OF APPLICANTS, UNDER THE CITY OF PALM SPRINGS PUBLIC INTEGRITY ORDINANCE”

RECOMMENDATION:

Waive the reading of the ordinance text in its entirety and read by title only.
Introduce on first reading an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 2.60.040(D) OF THE PALM SPRINGS MUNICIPAL CODE, REGARDING DUTIES OF OFFICIALS AND AMENDING SECTION 2.60.050 OF THE PALM SPRINGS MUNICIPAL CODE, REGARDING DUTIES OF APPLICANTS, UNDER THE CITY OF PALM SPRINGS PUBLIC INTEGRITY ORDINANCE.”

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UNFINISHED BUSINESS:

REVIEW OF EMERGENCY ORDERS RELATED TO COVID-19.

RECOMMENDATION:
Provide direction to Staff as appropriate. Click to View

NEW BUSINESS:

EXOTIC EXTRACTIONS, LLC (DBA EXOTIC EXTRACTIONS) REQUEST FOR ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENT FOR A CANNABIS DISPENSARY FOR THE PURPOSE OF NON-STOREFRONT DELIVERY SERVICE AT 1251 MONTALVO WAY, UNIT L, ZONE M-1-P (CASE 7.1641 AMM).

RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, GRANTING AN ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENT FOR A CANNABIS DISPENSARY FOR THE PURPOSE OF NON-STOREFRONT DELIVERY SERVICE LOCATED AT 1251 MONTALVO WAY, UNIT L”. Or, as an alternative:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING AN ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENT FOR A CANNABIS DISPENSARY FOR THE PURPOSE OF NON-STOREFRONT DELIVERY SERVICE LOCATED AT 1251 MONTALVO WAY, UNIT L”.

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DISCUSSION OF CURRENT, PLANNED, AND POTENTIAL ADDITIONAL ACTIONS TO MITIGATE CLIMATE CHANGE AND ADAPT TO CLIMATE IMPACTS.

RECOMMENDATION:

Direct Staff as appropriate.
Direct the City Manager to transfer of $50,000 from Sustainability Fund Balance to Contractual Services for additional consulting support from PlaceWorks to continue analyzing GHG emissions and reduction opportunities.

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DISCUSSION OF POTENTIAL NAVIGATION CENTER AT 3589 MCCARTHY ROAD.

RECOMMENDATION:
Discuss options for establishing a navigation center in the City of Palm Springs, and direct Staff as appropriate.
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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:

AFFIDAVIT OF POSTING

State of California )
County of Riverside ) ss.
City of Palm Springs )

I, Monique M. Lomeli, 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 October 22, 2021, and posted on the City’s website as required by established policies and procedures.

____________________________
Monique M. Lomeli, CMC
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.