HomeMy WebLinkAbout2019-12-05 CC MINUTESThursday, December 5, 2019
Minutes of the Special Meeting of the City Council
of the City of Palm Springs
CALL TO ORDER:
A Special Meeting of the Palm Springs City Council was called to order by Mayor Kors on
Thursday, December 5, 2019, at 6:00 p.m., in Primrose A, Palm Springs Convention Center ,
located at 277 North Avenida Caballeros , Palm Springs, California.
PLEDGE OF ALLEGIANCE:
Mayor Kors led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Grace Elena Garner, Lisa Middleton, Dennis Woods; Mayor Pro
Tem Christy Holstege; and Mayor Kors
Absent: None.
City Staff
Present: David H. Ready, City Manager; Elizabeth Hull, Deputy 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.
REPORT OF CLOSED SESSION:
The Special Closed Session of the City Council of December 5, 2019, was called to order by Mayor
Kors at 5:00 p.m., with all members present.
The meeting convened into Closed Session to discuss the following items as listed on the Regular
Closed Session Meeting Agenda:
CONFERENCE WITH LEGAL COUNSEL – EXPOSURE TO LITIGATION, Pursuant to
Government Code Section 54956.9(d)(2):
One (1) matters that, under the existing circumstances, the City Attorney believes creates
significant exposure to litigation.
CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION, Pursuant to
Government Code Section 54956.9(d)(4):
Under existing facts and circumstances, there is one (1) matter the City Council has decided or
may decide to initiate litigation.
Deputy City Attorney Hull 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.
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City of Palm Springs Page 2
1. PUBLIC HEARING:
A. REQUEST BY THE AGUA CALIENTE BAND OF CAHUILLA INDIANS FOR AN
ADMINISTRATIVE REVIEW AND CONFORMITY REPORT FOR THE PALM
SPRINGS ARENA, A 252,000 SQUARE-FOOT MULTI-SPORT AND
ENTERTAINMENT ARENA, TO BE LOCATED ON A 14.74-ACRE SITE AT THE
NORTHEAST CORNER OF NORTH CALLE ENCILIA AND EAST AMADO
ROAD IN SECTION 14 (CASE 5.1496)
In response to City Council inquiry, Deputy City Attorney Hull explained the Tribe’s rights
as a sovereign nation, noting that the Tribe could override the City’s recommendations
related to the Arena.
Police Chief Reyes, Fire Chief Nalder, Planning Services Director Fagg, and Assistant City
Manager Fuller narrated a PowerPoint presentation and summarized their
recommendations for mitigating impacts from the proposed arena and responded to C ity
Council inquiries.
Tim Leiweke, CEO of Oak View Group, and Robert Norvell and Scott McCraken, of
Populous, and Mike Bates, of the Mobility Group, narrated a PowerPoint presentation
reviewing the proposed arena design, layout, and results of the parkin g and transportation
study.
In response to City Council inquiries, Mr. Bates advised that the parking study utilized
parking data collected in May and incorporated parking data from previous Coachella
Valley Association of Governments (CVAG) parking studies; advised that other cities have
worked with ridesharing companies to implement geofencing to restrict pick-ups from
residential areas during peak times.
In response to City Council inquiries, Mr. Leiweke explained that paid parking at the arena
is a part of the economic model for the success of the arena, noting that if the prices are too
high it may result in dispersion; advised that parking will be available for pre-sale and that
tickets can include instructions on preferred parking lots and directions; pointed out that
traffic control measures will be used to address traffic impacts and to minimize delays
before and after events; advised that many cities with an arena prefer shared parking models
to prevent large surface parking lots going unused for the majority of time; stated that no
government subsidy is being sought to finance the construction of the arena.
Mayor Kors opened the Public Hearing.
Jorge Gutierrez, voiced opposition to the proposed arena, citing concerns related to size
and massing, increased traffic, decreased public safety response times, increased
greenhouse gas emissions, and impacts to public health.
Dan Terzian, expressed concern that the arena will negatively impact neighborhood
parking; urged that alternative sites be evaluated.
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Daryl Terrell, opined that the developer should be responsible for any increased public
safety costs and should mitigate any negative impacts to residents; recommended that the
developer implement a local hiring preference.
David Bronat, voiced disappointment that the arena project was not discussed with the
community earlier in the planning process; opined that Palm Springs is not a large city and
does not need an arena.
J.R. Roberts, expressed concerns related to a lack of parking for the arena and too many
major events occurring on weekends in the Downtown; stated that free parking is a unique
amenity for resident and tourists and should be preserved.
David Austin, spoke on the need to address traffic, parking, and pedestrian safety; impacts
to emergency vehicle response times; and ensuring that the Tribe and developer are
responsible for increased costs to the City.
Jeffrey Bernstein, spoke in support of the arena project, noting that it will be an economic
benefit and increase business activities; opined that the Tribe and developer should be
responsible for increased public safety costs and addressing insufficient arena parking.
Sue Logan, stressed the need to address insufficient parking at the arena, noting that
adjacent neighborhoods are already impacted by major events at the convention center.
David Freedman, urged that the developer work to reduce potential greenhouse gas
emissions, secure renewable energy, install bike racks and electric vehicle charging
stations, implement zero waste practices, and install high efficient landscaping and
irrigation.
Chas Migliore, recommended that shuttle buses be utilized for pick-ups throughout the
Coachella Valley.
Steven Levine, urged that alternate sites be considered, noting that people will be reluctant
to pay for parking.
Michael Kain, voiced concern that the arena will negatively impact the quality of life for
nearby residents.
Earl Hoover, opined that the arena is being rushed, without adequate review by the public
and City staff; suggested that the City could withhold access to easements, water, and sewer
connections.
Mark Gelhaus, urged that parking and security for adjacent neighborhoods be addressed.
Susan Ames, expressed concerns related to view impacts, noise impacts, and quality of life
for adjacent neighborhoods.
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Terry Jones, suggested that the arena should be relocated along Interstate-10.
Bruce Hoban, asserted that the lack of parking caused by the arena will result in businesses
installing perimeter fencing around private parking lots and require that customers validate
their parking.
Dr. Charles Gonzales, voiced concern related to parking impacts.
Danielle Cowan, expressed concern related to circulation, traffic congestion, and parking.
David Doyle, urged residents to be positive and work towards finding solutions.
Mark Strickland, opined that the arena will detract residents from going downtown to
patronize restaurants and businesses; pointed out that there are not large businesses which
could accommodate a shared parking model.
Frank Tysen, asserted that the arena will have significant environmental impacts and will
alter the character of the City.
Cary Brazeman, stated that he is leading an effort to submit a California Environmental
Quality Act challenge to the project if it moves forward; suggested that the City should
conduct its own environmental and project impact studies.
Joy Brown Meredith, urged that everyone continue to work towards finding solutions to
mitigate negative impacts.
David Feltman, pointed out that arena attendees may be staying at vacation rentals or hotels
outside of downtown which will help disperse traffic; voiced concern that rideshare
vehicles will line-up along the street for pick-ups after an event.
George Champa, expressed concern that the arena will negatively impact traffic circulation
and quality of life.
Brian Beach, voiced opposition to directing traffic onto Alejo Road, noting existing
circulation and congestion concerns.
Sheri Diamond, spoke against the proposed arena, noting that residents moved to Palm
Springs to avoid big city traffic and parking impacts.
MEETING RECESS
The City Council recessed at 9:00 p.m. and reconvened at 9:08 p.m., with all members present.
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In response to City Council inquiry, Deputy City Attorney Hull explained the Land Use
Agreement between the City and Agua Caliente Band of Cahuilla Indians, noting that it
provides authority for the City to consult and provide comments on tribal projects, but does
not provide authority to deny the project; noted that the project is not subject to the
California Environmental Quality Act and that water and sewer connections are ministerial
actions based on capacity.
Councilmember Middleton spoke on the importance of mitigating impacts to public safety,
health and safety concerns, parking, and fiscal impacts to the general fund; noted that active
shooting incidents are a risk to every community and the arena could be a significant target,
opining that it would be detrimental to the project and the City to just meet minimum public
safety service standards; urged Oak View Group to utilize public transportation and to
begin discussion with SunLine Transit Agency; stressed the need to invest locally by
utilizing a local hiring program with union labor and prevailing wage; requested that the
arena coordinate its events with the City, Convention Center, and other groups to mitigate
multiple events on the same weekend; stated that additional costs associated with the arena
for traffic mitigation, parking enforcement, and public safety services should not be an
obligation of the General Fund.
Councilmember Woods spoke on the sovereignty of the Tribe and the need for cooperation
in mitigating impacts to public safety services.
Councilmember Garner addressed the need to fund increased demands on public safety
services; agreed on the importance of a local hiring program and use of public
transportation to mitigate circulation and parking impacts; suggested that if parking meters
are necessary for the downtown, that the City develop a resident parking program to exempt
residents from paid parking.
Mayor Pro Tem Holstege spoke on the need to mitigate impacts to quality of life, public
safety, and sustainability and climate impacts; voiced support for a local hiring program
with living wages and a local vender program; requested an opportunity to review an
economic impact report which demonstrates the local impacts and benefits; requested that
staff ensure that the proposed resolution address the need to mitigate pedestrian lighting
and crosswalks, noise, rideshare locations, security, and traffic and pedestrian control.
Mayor Kors spoke on the history and positive relationship between the City and Tribe,
noting the uniqueness of the Land Use Agreement; urged that the City and Oak View Group
conduct regular meetings with residents and stakeholders to address their concerns; pointed
out that addressing parking and circulation are equally important to the City and the success
of the project; requested that the City Council establish an Ad Hoc Subcommittee regarding
the arena project; voiced support for a local hiring program; requested that the Oak View
Group parking consultant work closely with the City’s parking consultant to utilize parking
data collected during peak tourist season.
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City of Palm Springs Page 6
MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR KORS,
CARRIED 5-0, to adopt Resolution No. 24684 entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ISSUING A
CONFORMITY REPORT TO THE AGUA CALIENTE BAND OF CAHUILLA
INDIANS FOR THE PALM SPRINGS ARENA PROJECT, A 252,000 SQUARE FOOT
MULTI-SPORT AND ENTERTAINMENT ARENA, TO BE LOCATED ON A 14.74-
ACRE SITE AT THE NORTHEAST CORNER OF NORTH CALLE ENCILIA AND
EAST AMADO ROAD IN SECTION 14,” with the addition of the following conditions
added by the City Council, based on their comments:
The Applicant and staff shall hold regular meetings to coordinate the development and
implementation of the Project Operation Plan, the Transportation Management Plan,
and Parking Management Plan.
The Applicant, with assistance of City staff, shall schedule and hold regular stakeholder
meetings with area Neighborhood Organizations, adjacent Homeowner Associations,
and downtown merchants to address issues relative to the development and operation
of the arena facility.
The Applicant shall establish a policy for local hiring preference in the construction
and staffing of the arena facility, and shall establish a policy for the use of local vendors
and businesses.
The data used as the basis for the Transportation and Parking Management Plans shall
be updated to include data collected during the peak tourist season (November through
April).
The Parking Management Plan shall be amended to include transit options as a
component of the plan. The plan shall also identify locations adjacent to the arena
facility for transit stops and rideshare pick-up/drop-off locations.
The Project Operation Plan shall coordinate arena events with events held at the
Convention Center and general City-wide special events and parades; the Project
Operation Plan shall be updated on an annual basis.
The costs necessary to provide the additional police and fire services for arena events
shall be provided at the expense of the Applicant; General Fund monies shall not be
used for the additional public safety costs necessary to service arena events.
The Transportation Management Plan and the Parking Management plan shall address
pedestrian safety issues, including adequate lighting for pedestrians, crosswalk
improvements, and traffic control at intersections and crosswalks.
Staff shall evaluate the project for noise impacts, both during construction and
operations, and shall work with the Applicant to mitigate any noise impacts.
The Parking Management Plan shall evaluate options to exempt local residents from
the costs of on-street parking.
Project shall incorporate solar energy into the design and be compliant with the City’s
sustainability programs.
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City of Palm Springs Page 7
ADJOURNMENT:
The City Council adjourned at 9:45 p.m.
Respectfully submitted,
Anthony J. Mejia, MMC
City Clerk
APPROVED BY CITY COUNCIL: 01/09/2020