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HomeMy WebLinkAbout1K OCR CITY COUNCIL STAFF REPORT DATE: JUNE 5, 2023 CONSENT CALENDAR SUBJECT: CONSIDERATION OF A RESOLUTION CONSENTING TO THE INCLUSION OF THE PROPERTY LOCATED AT 400 N. PALM CANYON DRIVE, PALM SPRINGS, IN THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY OPEN PACE PROGRAM FROM: Scott C. Stiles, City Manager BY: Office of Sustainability SUMMARY: Staff requests the City Council consider a resolution that would allow the property at 400 N. Palm Canyon Drive to be included in the CSCDA Open PACE Program, enabling the property owners to access special financing for the installation of energy efficiency, distributed renewable energy efficiency, electric vehicle charging infrastructure, and other eligible improvements. RECOMMENDATION: Approve the resolution consenting to the inclusion of the property located at 400 N. Palm Canyon Drive (Thompson Hotel) in the CSCDA Open PACE Program. BACKGROUND: The California Statewide Communities Development Authority (“CSCDA”)1, the largest joint powers authority in California, was founded and sponsored by the League of California Cities and the California State Association of Counties. The City of Palm Springs is a member of CSCDA. CSCDA has implemented Property Assessed Clean Energy (“PACE”) under the provisions of Chapter 29 of Division 7 of the Streets & Highways Code (“Chapter 29”) on behalf of its member counties and cities. Chapter 29 authorizes a legislative body to designate an area within which a public agency (including 1 The California Statewide Communities Development Authority (CSCDA) was created in 1988, under California’s Joint Exercise of Powers Act, to provide California’s local governments with an effective tool for the timely financing of community-based public benefit projects. CSCDA has over 530 member agencies and is a Joint Powers Authority and conduit bond issuer founded and sponsored by the League of California Cities and the California State Association of Counties. More information about CSCDA is available at www.cscda.org. Item 1K - Page 1 City Council Staff Report June 5, 2023 -- Page 2 PACE Program – Thompson Hotel a joint powers authority like CSCDA) and property owners may enter into voluntary contractual assessments to finance and refinance the installation on real property of distributed generation renewable energy, energy efficiency, water efficiency and seismic strengthening improvements, electric vehicle charging infrastructure and such other improvements, infrastructure or work as may be authorized by law from time to time (collectively, the “Improvements”). PACE has been approved and is available in over 460 cities and counties throughout the State. The two projects seeking authorization at this meeting of the City Council represent the first two Commercial PACE projects supported by the CSCDA in Palm Springs. Cities must consent to the CSCDA’s conduct of special assessment proceedings pursuant to Chapter 29 and the issuance of bonds to finance or refinance the installation of eligible improvements on the participating property for financing to be authorized. CSCDA has established the CSCDA Open PACE Program to provide financing for Improvements under Chapter 29 and designated multiple third-party program administrators, including Stonehill PACE, LLC (including its affiliates, “Stonehill”), to offer CSCDA’s members turn-key PACE solutions. STAFF ANALYSIS: The owner (the “Participating Property Owner”) of the property located at 400 N. Palm Canyon Drive, Palm Springs, California (the “Participating Property”), has asked the Authority and Stonehill to provide financing through the CSCDA Open PACE Program for the installation of Improvements on the Participating Property as part of the construction of a 168-key Thompson Hotel by Hyatt project on the Participating Property (the “Project”). The Participating Property’s participation in the CSCDA Open PACE Program would allow the Participating Property Owner to finance the Improvements authorized by Chapter 29. The Improvements installed on the Participating Property would be financed by the issuance of bonds by CSCDA. The bonds would be secured by a voluntary contractual assessment levied on the Participating Property and collected as part of the regular county property tax bill. CSCDA has pre-qualified Stonehill based on its business practices, qualifications, experience, and capital commitment to the PACE market, and CSCDA (and not the City of Palm Springs) will be responsible for entering into the voluntary contractual assessment agreement with the Participating Property Owner, levying the voluntary contractual assessment on the Participating Property, issuing bonds to finance the Improvements and taking remedial actions in the event of delinquent assessment payments. The resolution expressly provides that the City of Palm Springs will not be responsible for the conduct of any assessment proceedings, the levy of assessments, any required remedial action in the case of delinquencies in assessment payments, or the issuance, sale or administration of any bonds issued by CSCDA. Item 1K - Page 2 City Council Staff Report June 5, 2023 -- Page 3 PACE Program – Thompson Hotel The proposed approval is limited to the property located at 400 N. Palm Canyon Drive; no other properties in the City would be allowed to participate in the CSCDA Open PACE Program without the approval of the City Council. ENVIRONMENTAL ASSESSMENT: No environmental review is required under the California Environmental Quality Act (“CEQA”) in connection with the adoption of the proposed resolution because, on April 2, 2014, pursuant to Resolution No. 23527, the City Council approved the Project, noting that mitigation measures identified in a previously adopted Mitigated Negative Declaration (No. 2006109031) and conditions of approval in support of a subsequent environmental analysis were included in the conditions of approval. The minutes of this approval are included as Attachment B. ALIGNMENT WITH STRATEGIC PLANNING: This resolution aligns with the City Council’s sustainability priorities. FISCAL IMPACT: There is no negative fiscal impact to the City’s general fund by consenting to the participation of the Participating Property in the CSCDA Open PACE Program. REVIEWED BY: Department Director: Lindsey-Paige McCloy Deputy City Manager: Flinn Fagg City Manager: Scott Stiles ATTACHMENTS: A. Resolution B. Minutes of April 2, 2014 City Council Meeting (Thompson Hotel Approval) Item 1K - Page 3 ATTACHMENT A Item 1K - Page 4 RESOLUTION NO. ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONSENTING TO THE INCLUSION OF THE PROPERTY LOCATED AT 400 N. PALM CANYON DRIVE, PALM SPRINGS, CALIFORNIA IN THE CSCDA OPEN PACE PROGRAM; AUTHORIZING THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO ACCEPT AN APPLICATION FROM THE OWNER OF SUCH PROPERTY, CONDUCT CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY CONTRACTUAL ASSESSMENTS ON SUCH PROPERTY; AND AUTHORIZING RELATED ACTIONS WHEREAS, the California Statewide Communities Development Authority (the “Authority”) is a joint exercise of powers authority, the members of which include numerous cities and counties in the State of California, including the City of Palm Springs (the “City”); and WHEREAS, Chapter 29 of Division 7 of the Streets & Highways Code (“Chapter 29”) authorizes the Authority to establish voluntary contractual assessment programs to finance or refinance renewable energy, energy efficiency, water efficiency and seismic strengthening improvements, electric vehicle charging infrastructure and such other improvements, infrastructure or other work as may be authorized by law from time to time (collectively, the “Improvements”) through the levy of contractual assessments within counties and cities throughout the State of California that consent to the participation of properties within their respective territories and the issuance of bonds from time to time; and WHEREAS, for the purpose of providing financing and refinancing for the Improvements, the Authority has established the CSCDA Open PACE Program; and WHEREAS, the Authority has designated multiple third-party program administrators to administer the CSCDA Open PACE Program, including Stonehill PACE, LLC (including its affiliates, “Stonehill”); and WHEREAS, Chapter 29 provides that assessments may be levied under its provisions only with the free and willing consent of the owner or owners of each lot or parcel on which an assessment is levied at the time the assessment is levied; and WHEREAS, the owner (the “Participating Property Owner”) of the property located at 400 N. Palm Canyon Drive, Palm Springs, California (the “Participating Property”) has asked the Authority and Stonehill to provide financing through the CSCDA Open PACE Program for the installation of Improvements on the Participating Property as part of the construction of a hotel project on the Participating Property (the “Project”), and the City Item 1K - Page 5 desires to allow the Participating Property Owner to participate in the CSCDA Open PACE Program and to allow the Authority to conduct assessment proceedings under Chapter 29 within its territory and to issue bonds to finance or refinance the installation of Improvements on the Participating Property; and WHEREAS, the Authority will conduct all assessment proceedings under Chapter 29 for the Participating Property and issue any bonds related to the Participating Property, and the City will not be responsible for the conduct of any assessment proceedings; the levy of assessments; any required remedial action in the case of delinquencies in such assessment payments; or the issuance, sale or administration of any bonds issued in connection with the Participating Property; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby finds and declares that the Participating Property will benefit from participating in the CSCDA Open PACE Program and, pursuant thereto, the conduct of special assessment proceedings by the Authority pursuant to Chapter 29 and the issuance of bonds to finance or refinance the installation of Improvements on the Participating Property. SECTION 2. The City hereby consents to the conduct of special assessment proceedings by the Authority pursuant to Chapter 29 on the Participating Property and the issuance of bonds to finance or refinance the installation of Improvements on the Participating Property; provided, that: (1) the Participating Property Owner, who shall be the legal owner of such property, executes a contract pursuant to Chapter 29 and complies with other applicable provisions of California law in order to accomplish the valid levy of assessments; and (2) the City will not be responsible for the conduct of any assessment proceedings; the levy of assessments; any required remedial action in the case of delinquencies in such assessment payments; or the issuance, sale or administration of any bonds issued by the Authority in connection with the Participating Property. SECTION 3. The City Manager or designee is hereby authorized and directed to execute and deliver such certificates, requisitions, agreements and related documents as are reasonably required by the Authority to implement the authorization accomplished by this Resolution. The City Manager or designee is hereby designated as the contact persons for the Authority in connection with the CSCDA Open PACE Program. SECTION 4. The City Council hereby finds that no environmental review is required under the California Environmental Quality Act (“CEQA”) in connection with the adoption of this Resolution because, on April 2, 2014, pursuant to Resolution No. 23527, Item 1K - Page 6 the City Council approved the Project, noting that mitigation measures identified in a previously adopted Mitigated Negative Declaration (No. 2006109031) and conditions of approval in support of a subsequent environmental analysis were included in the conditions of approval. SECTION 5. This Resolution shall take effect immediately upon its adoption. The City Clerk is hereby authorized and directed to transmit a certified copy of this resolution to the Secretary of the Authority at: Secretary of the Board, California Statewide Communities Development Authority, 1400 K Street, Sacramento, CA 95814. PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 5th DAY OF JUNE, 2023. SCOTT C. STILES CITY MANAGER ATTEST: BRENDA PREE CITY CLERK Item 1K - Page 7 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote: AYES: NOES: ABSENT: ABSTAIN: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________. Brenda Pree, City Clerk City of Palm Springs, California Item 1K - Page 8 ATTACHMENT B Item 1K - Page 9 Item 1K - Page 10 CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA MEETING MINUTES WEDNESDAY, APRIL 2, 2014 CITY HALL COUNCIL CHAMBER CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:05 p.m. PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge. INVOCATION: Rev. Amanda Burr, United Methodist Church, led the Invocation. ROLL CALL: PRESENT: ABSENT: ALSO PRESENT: PRESENTATIONS: Councilmember Foat, Councilmember Lewin, Councilmember Mills, Mayor Pro Tern Hutcheson, and Mayor Pougnet' None. City Manager Ready, City Attorney Holland, City Clerk Thompson. Mayor Pougnet presented a Certificate of Recognition to John Murasky for designing the 2014 VillageFest poster. Mayor Pougnet announced the recent Walk of Stars honoree Aftab Dada, the farewell event for the Forever Marilyn exhibit, the recent VillageFest anniversary, the 2014 PSNIC neighborhood picnic, the Palm Springs Woman's Club Fundraiser and Fashion Show, and the FIND Food Bank Hunger Action Month. Palm Springs Disposal Service (PSDS) provided an update on the transition to the automated collection equipment. Mayor Pougnet introduced Lauren Skiver, the new Sunline Transit General Manager. Van Tanner, Family YMCA of the Desert, provided an update on the activities of the YMCA. Item 1K - Page 11 City Council Minutes April 2, 2014 Page2 REPORT OF CLOSED SESSION: The meeting was called to order at 4:30 p.m., and the City Council recessed into Closed Session to discuss items on the posted Closed Session Agenda. City Attorney Holland reported the City Council provided direction to staff, otherwise took no reportable actions. ACCEPTANCE OF THE AGENDA: Councilmember Lewin noted his business related abstention on Item 2.D. Mayor Pro Tern Hutcheson noted his business related abstention on Item 2.D., and requested Items 2.H. and 2.1. be removed from the Consent Calendar for separate discussion. Councilmember Mills noted his abstention on Item 2.8. Councilmember Foat requested Item 2.C. be removed from the Consent Calendar for separate discussion. ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded by Mayor Pro Tern Hutcheson and unanimously carried on a roll call vote. 1. PUBLIC HEARINGS: 1.A. DOS PALMAS DEVELOPMENT LLC FOR TENTATIVE PARCEL MAP 36693 TO SUBDIVIDE ONE LARGE PARCEL INTO TWO LOTS RESULTING IN A 10,070-SQUARE FOOT LOT AND A REMAINDER LOT APPROXIMATELY 58,831-SQUARE FEET AT THE CORNER OF EAST SUNNY DUNES ROAD AND SOUTH SUNRISE WAY (CASE TPM 36693): Margo Wheeler, Director of Planning Services, provided background information as outlined in the Staff Report dated April 2, 2014. Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council. PAUL HYRAN, Applicant, requested the City Council approve the project and the lot split. No further speakers coming forward, the public hearing was closed. Item 1K - Page 12 City Council Minutes April 2, 2014 Page3 Councilmember Mills requested the Applicant address the access to the site from Sunrise Way, and stated it would be better to approve the plans for the entire site. Councilmember Lewin thanked the Applicant for the excellent project, and stated the City Council has an obligation to look at the long-term future of the site. Councilmember Foat stated the project is a good project and stated she is prepared to approve the project. MOTION: Adopt "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 36693 TO SUBDIVIDE ONE LARGE PARCEL INTO lWO LOTS RESULTING IN A 10,070 SQUARE FOOT LOT AND A REMAINDER LOT APPROXIMATELY 58,831 SQUARE FEET AT THE CORNER OF EAST SUNNY DUNES ROAD AND SOUTH SUNRISE. WAY, ZONE R-1-C AND RMHP, SECTION 23 (CASE TPM 36693)." Motion Councilmember Foat, seconded by Mayor Pro Tern Hutcheson and failed 2-3 on a roll call vote. AYES: Councilmember Foat and Mayor Pro Tern Hutcheson. NOES: Councilmember Lewin, Councilmember Milts, and Mayor Pougnet. 1.B. PALM SPRINGS, LLC FOR AN AMENDMENT TO A PREVIOUSLY APPROVED PRELIMINARY PLANNED DEVELOPMENT DISTRICT (PPD) 324 TO CONSTRUCT A MIXED USE DEVELOPMENT CONSISTING OF A 150 ROOM HOTEL WITH ANCILLARY RETAIL, PARKING STRUCTURE, AND VESTING TENTATIVE TRACT MAP 34190 AT 414 NORTH PALM CANYON DRIVE (CASE 5.1091 PDD 324): Edward Robertson, Principal Planner, provided background information as outlined in the Staff Report dated April 2, 2014. Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council. LAWRENCE RAEL, Applicant, commented on the history of the project, commented on the setback to the revised project, and introduced his project team who outlined the project. Item 1K - Page 13 City Council Minutes April 2, 2014 Page4 MATTHEW BOUSQUETTE, commented on the impact of this building to the surrounding properties and how the project works with the surrounding properties, requested the A/C units and trash bins be moved to another area of the site. ROBERT FARRAN,. Palm Springs, stated his opposition to the proposed amendment to the POD and requested the City Council delay approval and the impact to the surrounding properties due to trash and electrical placement in proximity to the surrounding properties. JOY BROWN MEREDITH, commented on the meetings with the businesses in the Downtown area, stated the project has evolved into a beautiful project, and stated Main Street has voted in support of the project. FRANK TYSEN, stated the amended project is more appropriate to the community than the previous projects, commented on the attributes of the project, and stated his support for the project. LAWRENCE RAEL, Rebuttal, commented on the location of the trash and air conditioning units, and requested the City Council approve the project. No further speakers coming forward, the public hearing was closed. Councilmember Foat requested the Applicant address the creation of the road and the trash enclosure, the width of the buffer area and clarify that no vehicle access would be allowed in the buffer. Mayor Pro Tern Hutcheson commented on the ancillary trash unit and suggested that the provision be eliminated, requested the Applicant address the current landscaping on the lot, the number of bike racks, the public benefit, the public access to parking and the number of parking spaces, and any charge or free public parking. Councilmember Mills requested the Applicant address the amendments to the previously approved plan, recommended the architectural plans be submitted prior to final PDD approval and requested the City Council consider an intermediate step for architectural approval prior to full engineering plans, requested the Applicant address the comments made Item 1K - Page 14 City Council Minutes April 2, 2014 Page 5 by the Architectural Advisory Committee, the preliminary landscape plan, commented on the foot-traffic, the controlled v. non-controlled parking structure, the ancillary trash collection, the proposed glass railing around the pool, the height of the parking level and provide some amendments to the parking structure walls, the color/material board, commented on Condition ENG 14 and the proposed diagonal street parking, and Condition ENG 28 regarding the median island and requested a full landscape design rather than all stamped concrete. Councilmember Lewin requested the Applicant address the controlled 15 foot alley way, requested the Applicant consider decorative grates on the tree wells, stated his support for the lack of a water element, the proposed shade overhang on Palm Canyon, requested a retractable overhang for summer months, the use of other type of shade trees on Palm Canyon, and commented on traffic circulation and the exit on Indian Canyon. Councilmember Foat requested the Applicant address the ancillary trash enclosure, requested the City Council consider the removal of the median on Alejo, the look of the project from the Park and Alejo, and the location of the air conditioning. Councilmember Lewin commented on the location of the ancillary trash enclosure, and requested Staff address the proposed Alejo median. Mayor Pro Tern Hutcheson requested the Applicant address the ancillary trash enclosure, the alley access, and the addition of two conditions. Mayor Pougnet commented on the public parking and the creation of 100 parking spaces, the ancillary trash enclosure, the branding of the hotel and the lack of the announcement of a brand hotel. Councilmember Mills addressed the comments from the property owner south of the project, and commented on the property setback. Councilmember Foat requested the City Council consider adding a condition for a security camera in the setback. ACTION: 1) Adopt Resolution No. 23527, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDING THE PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLARATION Item 1K - Page 15 City Council Minutes April 2, 2014 Page6 NUMBER 2006109031 AS SUFFICIENT AND APPROPRIATE ENVIRONMENTAL DOCUMENTATION FOR THE PROPOSED AMENDMENT TO PLANNED DEVELOPMENT DISTRICT 324, APPROVING AN AMENDMENT TO PLANNED DEVELOPMENT DISTRICT 324 AND VESTING TENTATIVE TRACT MAP 34190, PALM SPRINGS, LLC, FOR THE DEVELOPMENT OF A 150 ROOM HOTEL, ANCILLARY COMMERCIAL RETAIL AND FREE STANDING PARKING STRUCTURES ON THE APPROXIMATELY 4.1 ACRE PARCEL LOCATED AT THE SOUTHEAST CORNER OF ALEJO ROAD AND NORTH PALM CANYON DRIVE (CASE 5.1091 POD 324)," amending the Conditions of Approval as follows: (i) removing Condition ENG 28, (ii) all exterior elevations, decking, landscaping, color board, etc., shall be required to be submitted and approved by the AAC and the Planning Commission prior to final approval of the PDD, (iii) require pedestrian access on Palm Canyon from the ground-level parking garage, (iv) restudy of the parking elevations on the street to allow some fenestration, (v) rework the comer of Alejo Road and Indian Canyon, (vi) require the ancillary trash location have no openings from the exterior, (vii) requiring a security camera in the non-vehicular alley, (viii) require the non-vehicular alley to have a Jocked gate, and (ix) require bike racks be incorporated throughout the development; and 2) Direct the City Engineer review the required median on Alejo Road, including the stamped concrete. Motion Councilmember Mills, seconded by Mayor Pro Tem Hutcheson and unanimously carried on a roll call vote. Mayor Pougnet stated he has a business related conflict of interest with respect to Item 1.C., would not participate in the discussion or the vote, and left Council Chamber. 1.C. CONDUCT A PUBLIC HEARING UNDER CALIFORNIA GOVERNMENT CODE SECTION 53083 TO APPROVE 11 SPECIAL ECONOMIC DEVELOPMENT FOCUS INCENTIVE AREAS PROGRAM GRANT AGREEMENTS: John Raymond, Director of Community and Economic Development, provided background information as outlined in the Staff Report dated April 2, 2014. Councilmember Foat requested staff address the number of projects recommended for approval, and requested Staff address the other types of businesses that submitted applications. Item 1K - Page 16 City Council Minutes April 2, 2014 Page7 Mayor Pro Tern Hutcheson opened the public hearing, and the following speakers addressed the City Council . . JOHN SHAY, commented on the program request for Appetite Restaurant, and requested the City Council approve the Incentive Grant. EZRA CALLAHAN, commented on the request by Arrive Hotel, and requested the City Council approve the Incentive Grant to Arrive Enterprises. GERALD NOONAN, commented on the grant application from the Hacienda Cantina, and requested the City Council approve the Incentive Grant for the Hacienda Cantina. JAIME KOWAL, commented on the request from Ernest Coffee, and requested the City Council approve the grant to Ernest Coffee. No further speakers coming forward, the public hearing was closed. Councilmember Lewin thanked City Staff and commented on job creation. ACTION: 1) Approve an Economic Development Focus Incentive Areas Program Grant with Appetite PS, LLC located at 1700 South Palm Canyon Drive in the amount of $145,740. A6521. 2) Approve an Economic Development Focus Incentive Areas Program Grant with Miggy's Cantina, LLC (Hacienda Cantina); located at 1555 South Palm Canyon Drive in the amount of $250,000. A6522. 3) Approve an Economic Development Focus Incentive Areas Program Grant with Arrive Enterprises, LLC as the management entity for a collection of businesses located at 1539, 1541, 1541 ½, 1551, and 1566 North Palm Canyon Drive (Bacchanal Italian Restaurant, Reservoir Restaurant, and Sandfish Whiskey and Sushi Bar) in the amount of $250,000. A6523. 4) Approve an Interior Remodel Grant Agreement with Geoff McIntosh, Bernie's Lounge and Supper Club, at 292 East Palm Canyon Drive in the amount of $25,000. A6524. 5) Approve an Interior Remodel Grant Agreement with Neil Castren, The New York Company Restaurant, at 1260 South Palm Canyon Drive in the amount of $25,000. A6525. 6) Approve an Interior Remodel Grant Agreement with Costa Nichols, Go Deli Market, at 611 South Palm Canyon Drive, Suite 22, in the amount of $25,000. A6526. 7) Approve an Interior Remodel Item 1K - Page 17 City Council Minutes April 2, 2014 Page 8 Grant Agreement with Mirsad Terzic, Mire's Restaurant, at 1555 South Palm Canyon Drive in the amount of $25,000. A6527. 8) Approve an Interior Remodel Grant Agreement with Daniel Doiron, 78 Degrees at the D, at 2249 North Palm Canyon Drive in the amount of $25,000. A6528. 9) Approve an Interior Remodel Grant Agreement with Jaime Kowal, Ernest Coffee, at 140 West Via Lola, Suite 1101, in the amount of $25,000. A6529. 10) Authorize the City Manager to execute all necessary documents. Motion Councilmember Foat, seconded by Councilmember Mills and unanimously carried 4~0 on a roll call vote. AYES: Council member Foat, Councilmember Lewin, Councilmember Mills, and Mayor Pro Tern Hutcheson. NOES: None. ABSENT: Mayor Pougnet. Mayor Pougnet returned to the dais. PUBLIC COMMENT: JONATHAN ROSENBLATT, requested an update on the business activities of Intervention 911 and the status of the use in the residential neighborhood. NIKOHL VANDEL, Palm Springs, commented on the recent passing of a teacher at Saint Theresa School. JOY BROWN MEREDITH, commented on Item 2.E. regarding plastic bag regulations, Item 2.F. regarding sitting or lying and the cannabis ordinance, and commented on the successful PSNIC picnic. COUNCILMEMBER COMMENTS: Councilmember Foat requested the City Attorney address the status of Intervention 911 and announced the upcoming Faux Fur Ball at the Palm Springs Animal Shelter. Councilmember Lewin commented on the success of the Film Incentive Program, and requested City Staff market to Coachella Fest and Stage Coach fans. CITY MANAGER'S REPORT: None. Item 1K - Page 18 City Council Minutes April 2, 2014 Page9 2. CONSENT CALENDAR: Mayor Pougnet noted his abstention on Item 2.F. Ordinance No. 1846. Councilmember Mills noted his no vote on Item 2.F. Ordinance No. 1845. ACTION: Approve Items 2.A., 2.8., .2.D., 2.E., 2.F., 2.G., 2.J., 2.K., 2.L., and 2.M. Motion Councilmember Foat, seconded by Councilmember Lewin and unanimously carried on a roll call vote. 2.A. REPORT ON THE POSTING OF THE AGENDA: ACTION: Receive and file Report on the Posting of the April 2, 2014, City Council Agenda. Approved as part of the Consent Calendar. 2.B. APPROVAL OF MINUTES: ACTION: Approve the City Council Minutes of March.19, 2014. Approved as part of the Consent Calendar, noting the abstention of Councilmember Mills. 2.D. SECOND READING AND ADOPTION OF ORDINANCE NO. 1848 AMENDING CHAPTER 5.25 OF THE PALM SPRINGS MUNICIPAL CODE REGARDING VACATION RENTAL REGULATIONS AND RELATED ADMINISTRATIVE CITATION PROCEDURES: ACTION: Waive the reading of the ordinance text in its entirety and adopt Ordinance No. 1848, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.25 OF, AND AMENDING SECTION 1.06.030 OF, THE PALM SPRINGS MUNICIPAL CODE RELATING TO VACATION RENTALS." Approved as part of the Consent Calendar, noting the business related abstention of Councilmember Lewin and Mayor Pro Tem Hutcheson. 2.E. SECOND READING AND ADOPTION OF ORDINANCE NO. 1849 ADOPTING REGULATIONS FOR THE USE OF SINGLE-USE CARRYOUT PLASTIC BAGS BY RETAIL ESTABLISHMENTS: ACTION: Waive the reading of the ordinance text in its entirety and adopt Ordinance No. 1849, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 6.09 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE PROHIBITION OF Item 1K - Page 19 City Council Minutes April 2, 2014 Page 10 SINGLE-USE CARRYOUT PLASTIC BAGS BY RETAIL ESTABLISHMENTS." Approved as part of the Consent Calendar. 2.F. RE-ADOPTION OF ORDINANCE NOS.1845, 1846, AND 1847: ACTION: 1) Waive the reading of the full text of the ordinance and re- adopt by title only Ordinance No. 1845, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 1.01.110, PARAGRAPH A.20 OF SECTION 92.15.01, PARAGRAPH A.6 OF SECTION 92.10.01, PARAGRAPH A.5 OF SECTION 92.17.1.01, AND SECTION 93.23.15 OF, AND ADDING CHAPTER 5.35 TO, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO REGULATIONS FOR MEDICAL CANNABIS COOPERATIVES AND COLLECTIVES IN THE CITY;" 2) Waive the reading of the full text of the ordinance and re-adopt by title only Ordinance No. 1846, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PLANNED DEVELOPMENT DISTRICT POD 365 IN LIEU OF A CHANGE OF ZONE FOR A ROUGHLY 6.37 ACRE PARCEL ON THE WEST SIDE OF SOUTH BELARDO ROAD, APPROXIMATELY 500 FEET SOUTH OF THE MORONGO ROAD INTERSECTION;" and 3) Waive the reading of the full text of the ordinance and re-adopt by title only Ordinance No. 1847, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 12.12.050 OF, AND ADDING SECTION 12.12.055 TO, THE PALM SPRINGS MUNICIPAL CODE, PERTAINING TO SITTING OR LYING ON SIDEWALKS IN DOWNTOWN PALM SPRINGS." Approved as part of the Consent Calendar, noting the no vote of Councilmember Mills on Ordinance No. 1845, and the business related abstention of Mayor Pougnet on Ordinance No. 1846. 2.G. TREASURER'S INVESTMENT REPORT AS OF FEBRUARY 28, 2014: ACTION: Receive and file the Treasurer's Investment Report as of February 28, 2014. Approved as part of the Consent Calendar. 2.J. AMENDMENT NO. 1 TO AGREEMENT NO. A6174, CVAG REIMBURSEMENT AGREEMENT, FOR THE VISTA CHINO DRIVE BRIDGE PROJECT AT THE WHITEWATER RIVER (CITY PROJECT CP 10-10): ACTION: Approve Amendment No. 1 to Agreement No. A6174, a Reimbursement Agreement with the Coachella Valley Association of Governments, for the Vista Chino Low Water Crossing Bridge Project at Item 1K - Page 20 City Council Minutes April 2, 2014 Page 11 the Whitewater River (City Project CP 10-1 0); and 2) Authorize the City Manager to execute all necessary documents. A6174. Approved as part of _the Consent Calendar. 2.K. ACCEPT THE RESIGNATION OF STEPHANIE ARRACHE FROM THE ADMINISTRATIVE APPEALS BOARD: ACTION: 1) Accept with regret the resignation of Stephanie Arrache; and 2) Direct the City Clerk to post a notice of vacancy for the unexpired term ending June 30, 2014. Approved as part of the Consent Calendar. 2.L. ASSESSMENT OF CURRENT CONDITIONS OF THE HISTORIC PLAZA THEATER: ACTION: Receive and file the Assessment of the Current Conditions of the Historic Plaza Theater Report. Approved as part of the Consent Calendar. 2.M. APPROVE A FIVE-YEAR LEASE/PURCHASE AGREEMENT WITH DELL COMPUTER COMPANY TO LEASE 100 DESKTOP COMPUTERS INCLUDING SOFTWARE FOR THE POLICE DEPARTMENT: ACTION: 1) Approve a five-year lease/purchase with Dell Computer Company, LLC, to lease 100 desktop computers, including all software, in the amount of $33,789.39 per year, and a total amount of $154,983.00 for the five-year term; and 2) Authorize the City Manager to execute all necessary documents, subject to final review and approval by the City Attorney. A6532. Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: 2.C. TRANSMITTAL OF THE DRAFT 2014 PARKS AND RECREATION MASTER PLAN: Councilmember Foat commented on the Draft Master Plan. ACTION: 1) Receive and file the Draft 2014 Parks and Recreation Master Plan; and 2) Direct the City Manager to place discussion on the Draft Plan on a future City Council agenda along with the recommendations from the Parks and Recreation Commission. Motion Councilmember Mills, seconded by Mayor Pro Tem Hutcheson and unanimously carried on a roll call vote. Item 1K - Page 21 City Council Minutes April 2, 2014 Page 12 2.H. CVAG REIMBURSEMENT AGREEMENT FOR THE SOUTH PALM CANYON BRIDGE REPLACEMENT AT TAHQUITZ CREEK CHANNEL (CITY PROJECT CP 12-02): Mayor Pro Tern Hutcheson requested Staff address the link with the CV link and the Tahquitz Creek Master Plan. ACTION: 1) Approve a reimbursement agreement with the Coachella Valley Association of Governments for the South Palm Canyon Bridge Replacement at Tahquitz Creek Channel (CP 12-02); and 2) Authorize the City Manager to execute all necessary documents. A6530. Motion Mayor Pro Tem Hutcheson, seconded by Councilmember Mills and unanimously carried on a roll call vote. 2.1. CVAG REIMBURSEMENT AGREEMENT FOR THE EAST PALM CANYON BRIDGE REHABILITATION AT PALM CANYON WASH {CP 12-04): ACTION: 1) Approve a reimbursement agreement with the Coachella Valley Association of Governments for the East Palm Canyon Bridge Rehabilitation at Palm Canyon Wash Project (CP12-04); and 2) Authorize the City Manager to execute all necessary documents. A6531. Motion Mayor Pro Tem Hutcheson, seconded by Councilmember Mills and unanimously carried on a roll call vote. 3. LEGISLATIVE: None. 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: 5.A. APPOINTMENT OF A CITY COUNCIL AD HOC SUBCOMMITTEE FOR THE HISTORIC PLAZA THEATER: ACTION: Appoint Councilmember Lewin and Councilmember Mills to an ad hoc City Council Subcommittee for the Historic Plaza Theater. Motion Mayor Pougnet, seconded by Councilmember Foat and unanimously carried on a roll call vote. COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: None. Item 1K - Page 22 City Council Minutes April 2, 2014 Page 13 ADJOURNMENT: The City Council adjourned at 9:17 p.m. to Wednesday, April 16, 2014, at 6:00 p.m. Council Chamber, City Hall, preceded by Closed Session, Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 16TH DAY OF APRIL, 2014. STEPENP.POUGNET,MAYOR ATTEST: