Loading...
HomeMy WebLinkAbout2/19/2014 - STAFF REPORTS - 2.B. CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA a MEETING MINUTES WEDNESDAY, JANUARY 15, 2014 CITY HALL COUNCIL CHAMBER CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:14 p.m. PLEDGE OF ALLEGIANCE: Palm Spring Air Force ROTC Junior Color Guard, led the Pledge. INVOCATION: Rev. Amanda Burr, United Methodist Church, led the Invocation. ROLL CALL: PRESENT: Councilmember Foat, Councilmember Lewin, Councilmember Mills, Mayor Pro Tern Hutcheson, and Mayor Pougnet. ABSENT: None. ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson. PRESENTATIONS: Mayor Pougnet and the City Council presented a Proclamation to Deputy Fire Chief Jim Webb upon his retirement. Riverside County Date Festival Queen Sheherazade and her Court announced the upcoming Riverside County Fair and National Date Festival. Mayor Pougnet provided an update on recent events, including the iHub Award, Cerebral Palsy, Human Rights Commission Awards, the 25th Palm Springs International Film Festival, the 2014 Mayor's Race and Wellness Festival, and the upcoming 2014 State of the City Address. Coachella Valley Mosquito and Vector Control District provided an update on the programs at the District in the Coachella Valley including the City of Palm Springs. 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 no reportable actions were taken. ITEM NO. .., O LL_ City Council Minutes January 15, 2014 Page 2 ACCEPTANCE OF THE AGENDA: Mayor Pougnet requested Item 25. be removed from the Consent Calendar for separate discussion. Mayor Pro Tem Hutcheson requested Item 2.K. be removed from the Consent Calendar for separate discussion. Councilmember Foat requested Item 21. be removed from the Consent Calendar for separate discussion. ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded by Mayor Pro Tom Hutcheson and unanimously carried on a roll call vote. 1. PUBLIC HEARINGS: I.A. UPDATE OF THE HOUSING ELEMENT OF THE 2007 GENERAL PLAN AND THE GENERAL PLAN HOUSING ELEMENT 2009 ANNUAL PROGRESS REPORT TO THE STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD): Margo Wheeler, Director of Planning Services, provided background information as outlined in the staff report dated January 15, 2014. Mayor Pougnet opened the public hearing, and no speakers coming forward the public hearing was closed. ACTION: Adopt Resolution No. 23477, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION, AMENDING THE 2007 GENERAL PLAN TO INCORPORATE THE UPDATED HOUSING ELEMENT FOR THE 2014-2021 PLANNING PERIOD, ADDING AN ANALYSIS OF DISADVANTAGED UNINCORPORATED COMMUNITIES (DUC) TO THE LAND USE ELEMENT, AND RECEIVE AND FILE THE GENERAL PLAN HOUSING ELEMENT 2009 ANNUAL PROGRESS REPORT." Motion Councilmember Foot, seconded by Councilmember Mills and unanimously carried on a roll call vote. 1.13. SALE OF CITY-OWNED VACANT LAND TO ROBIN S. PLUNKETT CONSISTING OF 0.17 ACRES LOCATED ON THE NORTH SIDE OF AVENIDA CERCA AND GRANADA ROAD (APN 669-393-023): John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated January 15, 2014. 02 City Council Minutes January 15, 2014 Page 3 Mayor Pougnet opened the public hearing, and no speakers coming forward the public hearing was closed. ACTION: 1) Adopt Resolution No. 23478, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING AS SUCCESSOR HOUSING AGENCY, APPROVING THE SALE OF CITY- OWNED VACANT LAND TO ROBIN S. PLUNKETT CONSISTING OF 0.17 ACRES LOCATED ON THE NORTH SIDE OF AVENIDA CERCA AND GRANADA ROAD (APN 669-393-023);" and 2) Authorize the City Manager to execute all necessary documents. A6479. Motion Councilmember Mills, seconded by Mayor Pro Tern Hutcheson and unanimously carried on a roll call vote. I.C. AMENDMENT TO THE PALM SPRINGS MUNICIPAL CODE RELATING TO OUTDOOR LIGHTING TO ALLOW NEWER TECHNOLOGY FIXTURE TYPES, SUCH AS LED (LIGHT-EMITTING DIODE) LIGHTING, AND MODIFICATIONS TO STANDARD REQUIREMENTS (CASE 5.1308 ZTA): Margo Wheeler, Director of Planning Services, provided background information as outlined in the staff report dated January 15, 2014. Mayor Pougnet opened the public hearing, and no speakers coming forward the public hearing was closed. Councilmember Mills addressed the comments provided by Engineer Ralph Raya, and requested the City Council consider adopting this ordinance and returning in 90-days for other types of amendments. Councilmember Foat requested staff address the lack of a requirement to convert to LED fixtures. ACTION: Waive the reading of the ordinance text in its entirety and read by title only and adopt Interim Urgency Ordinance No. 1838, "AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PARAGRAPHS B.4, C.2, C.6, C.8, AND C.9 OF SECTION 93.21.00 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE INCLUSION OF LED (LIGHT-EMITTING DIODE) LIGHTING AS A PERMITTED LIGHTING FIXTURE TYPE ALLOWED IN THE CITY'S OUTDOOR LIGHTING STANDARDS; and 2) Waive the reading of the ordinance text in its entirety and read by title only and introduce on first reading Ordinance No. 1839, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PARAGRAPHS B.4, C.2, C.6, C.8, AND C.9 OF SECTION 93.21.00 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE INCLUSION OF LED (LIGHT-EMITTING DIODE) LIGHTING AS A PERMITTED LIGHTING FIXTURE TYPE ALLOWED IN THE CITY'S OUTDOOR LIGHTING 03 City Council Minutes January 15, 2014 Page 4 STANDARDS;" and 3) Direct staff to return with further amendments to the lighting standards within 90-days. Motion Councilmember Lewin, seconded by Councilmember Foat and unanimously carried on a roll call vote. 1.13. AMENDMENT TO THE PALM SPRINGS ZONING CODE TO ESTABLISH AN EXEMPTION FOR CLASS 1 HISTORIC STRUCTURES FROM PARKING REQUIREMENTS FOR NEW USES: Margo Wheeler, Director of Planning Services, provided background information as outlined in the staff report dated January 15, 2014. Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council. CHRIS MENRAD, stated his support for the parking exemptions and requested the City Council adopt the ordinance. BETH HARRIS, stated this is a typical regulation for the reuse of historical structures, and requested the City Council adopt the ordinance. No further speakers coming forward, the public hearing was closed. Councilmember Mills stated his support of the amendment and requested the City Council consider adding "equal to or more" intense use to the proposed regulations. Councilmember Foat stated her support for the proposed regulations and requested staff clarify the map on Page 6 of the Staff Report. Councilmember Lewin thanked staff for bringing forward the proposed regulations. Mayor Pro Tem Hutcheson stated his support for the proposed regulation and the changes as proposed by Councilmember Mills. ACTION: Waive the reading of text in its entirety and read by title only and introduce on first reading Ordinance No. 1840, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PARAGRAPH 3 OF SUBSECTION B OF SECTION 93.06.00 OF THE PALM SPRINGS ZONING CODE ESTABLISHING AN EXEMPTION FOR CLASS 1 HISTORIC STRUCTURES FROM PARKING REQUIREMENTS FOR NEW USES UNDER THE ZONING CODE;" amending Subsection 3.B. of Section 1 of the Ordinance to provide "equal to" or more restrictive. Motion Mayor Pro Tern Hutcheson, seconded by Councilmember Mills and unanimously carried on a roll call vote. 04 City Council Minutes January 15, 2014 Page 5 Councilmember Lewin requested City Staff look at this type of model for the area of North Palm Canyon between Vista Chino and Vereda Sur, as there are several vacant and blighted buildings that will be unable to be developed with the current parking regulations. I.E. AMENDMENTS TO THE PALM SPRINGS ZONING CODE REGARDING RELIGIOUS INSTITUTIONS: Margo Wheeler, Director of Planning Services, provided background information as outlined in the staff report dated January 15, 2014. Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council. REV. KEVIN A. JOHNSON, commented on the development of the proposed amendments, and stated his support of the ordinance. THOMAS WEILER, stated his support for the proposed amendments and stated they provide equal opportunity to religious institutions. REV. HANK BATES, commented on the different types of religious institutions and stated his support for the proposed amendments. No further speakers coming forward, the public hearing was closed. Councilmember Foat requested City Staff address some of the restrictions placed on uses such as artist studios and photographic studios. ACTION: Waive the reading of text in its entirety and read by title only and introduce on first reading Ordinance No. 1841, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTION B OF SECTION 91.00.10, SUBSECTION C OF SECTION 92.08.01, SUBSECTIONS A AND D OF SECTION 92.09.01, SUBSECTION C OF SECTION 92.10.01, SUBSECTION A OF SECTION 92.11.01, SUBSECTION A OF SECTION 92.12.01, SUBSECTION A OF SECTION 92.14.01, SUBSECTION A OF SECTION 92.15.01, PARAGRAPH 1 OF SUBSECTION C OF SECTION 92.13.01, AND PARAGRAPH 1 OF SUBSECTION A OF SECTION 94.01.01, OF THE PALM SPRINGS ZONING CODE, ADOPTING A DEFINITION FOR `RELIGIOUS INSTITUTIONS" AND ESTABLISHING RELIGIOUS INSTITUTIONS AS A USE PERMITTED AS A MATTER OF RIGHT, CONDITIONAL USE PERMIT, OR LAND USE PERMIT IN SPECIFIED ZONES, REQUIRING A CONDITIONAL USE PERMIT FOR ALL ASSEMBLY USES IN THE CBD ZONE, AND AUTHORIZING INITIATION OF ZONING CODE AMENDMENTS BY THE DIRECTOR OF PLANNING SERVICES," amending Section 3 of the Ordinance to add Religious institutions and 05 City Council Minutes January 15, 2014 Page 6 delete Artist studios. Motion Councilmember Mills, seconded by Councilmember Lewin and unanimously carried on a roll call vote. PUBLIC COMMENT: LARS P. ROEST, Palm Springs, requested the City Council consider a curfew at the Palm Springs International Airport. JIM SEAVEY, commented on Vacation Rentals in the Deepwell area. LAINE SCOTT, Palm Springs, commented on the removal of palm trees for the Uptown Crosswalk Project. MICHAEL ZISKIND, commented on Vacation Rentals in the Vista Las Palmas neighborhood. RON MARSHALL, Palm Springs, commented on Item 4.A. regarding historic sites, and requested the City Council approve the change in the date for historic sites. MICHAEL MCLEAN, commented on Vacation Rental regulations and enforcement in the City of Palm Springs. GARY JOHNS, commented on Item 4.A., regarding historic sites, and requested the City Council amend the date, and commented on several historic properties and districts in the City of Palm Springs. STEVE ROSE, commented on Item 4.A., regarding historic sites, and requested the City Council amend the date to pre-1969. JENNY MCLEAN, announced the activities for the Palm Springs Women's Club, and commented on Vacation Rentals. MARK DAVIS, commented on Item 4.A., and requested the City Council support the change in date to pre-1969, and read a letter of support from the Board of Modernism Week. BETH HARRIS, commented on Item 4.A., and requested the City Council modify the date for historic sites to pre-1969. STEVE ROSENBERG, commented on the history of the City of Palm Springs, and commented on the Downtown Revitalization Project. COUNCILMEMBER COMMENTS: Mayor Pougnet commented on Vacation Rental regulations and the public process. li City Council Minutes January 15, 2014 Page 7 Councilmember Foat commented on Vacation Rental regulations, the PSNIC process, and the public process. Councilmember Mills requested the City Engineer commented on the removal of palm trees for the Uptown Crosswalk Project. Councilmember Lewin commented on Vacation Rentals in the City of Palm Springs and the implementation process for amendments. Councilmember Foat announced the County of Riverside count of homeless persons in the City of Palm Springs. Mayor Pro Tern Hutcheson requested the City Staff increase hours at the Library to be open on Sunday, and requested City Staff look into a cigarette butt ordinance. CITY MANAGER'S REPORT: None. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.G., 2.H., 2.1., and 2.J. Motion Mayor Pro Tern Hutcheson, seconded by Councilmember Foat 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 January 15, 2014, City Council Agenda. Approved as part of the Consent Calendar. 2.13. APPROVAL OF MINUTES: ACTION: Approve the City Council Minutes of December 4, 2013, and December 18, 2013. Approved as part of the Consent Calendar. 2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 23479, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1067128 THROUGH 1067241 IN THE AGGREGATE AMOUNT OF $1,141,745.40, DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution No. 23480, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 11-09-13 BY WARRANTS NUMBERED 418385 THROUGH 418400 TOTALING $31,002.20, LIABILITY CHECKS NUMBERED 1067242 THROUGH 1067266 TOTALING $122,708.57, FIVE WIRE TRANSFERS FOR $49,020.92 AND THREE ELECTRONIC ACH DEBITS OF $1,124,100.04 IN THE AGGREGATE AMOUNT OF $1,326,831.73, DRAWN ON BANK OF AMERICA;" 3) Adopt Resolution No. 23481, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, 07 City Council Minutes January 15, 2014 Page 8 APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1067267 THROUGH 1067331 IN THE AGGREGATE AMOUNT OF $435,381.45, DRAWN ON BANK OF AMERICA;" 4) Adopt Resolution No. 23482, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1067332 THROUGH 1067599 IN THE AGGREGATE AMOUNT OF $2,481,927.11, DRAWN ON BANK OF AMERICA;" 5) Adopt Resolution No. 23483, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 11-23-13 BY WARRANTS NUMBERED 418401 THROUGH 418417 TOTALING $37,353.65, LIABILITY CHECKS NUMBERED 1067600 THROUGH 1067604 TOTALING. $3,066.66, ONE WIRE TRANSFER FOR $386.76 AND THREE ELECTRONIC ACH DEBITS OF $1,240,476.82 IN THE AGGREGATE AMOUNT OF $1,281,283.89, DRAWN ON BANK OF AMERICA;" 6) Adopt Resolution No. 23484, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1067605 THROUGH 1067808 IN THE AGGREGATE AMOUNT OF $7,232,821.23, DRAWN ON BANK OF AMERICA;" 7) Adopt Resolution No. 23485, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 12-07-13 BY WARRANTS NUMBERED 418418 THROUGH 418433 TOTALING $40,731.04, LIABILITY CHECKS NUMBERED 1067809 THROUGH 1067832 TOTALING $119,838.47, FIVE WIRE TRANSFERS FOR $61,070.20 AND THREE ELECTRONIC ACH DEBITS OF $1,461,543.56 IN THE AGGREGATE AMOUNT OF $1,683,183.27, DRAWN ON BANK OF AMERICA;" 8) Adopt Resolution No. 23486, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1067833 THROUGH 1067935 IN THE AGGREGATE AMOUNT OF $1,186,361.69, DRAWN ON BANK OF AMERICA;" and 9) Adopt Resolution No. 23487, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1067936 THROUGH 1068197 IN THE AGGREGATE AMOUNT OF $1,998,118.60, DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar. 2.11). SECOND READING AND ADOPTION OF ORDINANCE NO. 1837 AMENDING THE PALM SPRINGS MUNICIPAL CODE EXEMPTING 08 City Council Minutes January 15, 2014 Page 9 CERTAIN ON-SITE SOLAR IMPROVEMENTS FROM PUBLIC ARTS FEES: ACTION: Waive the reading of the full text of the ordinance and adopt Ordinance No. 1837, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 3.37.030 OF, AND ADDING PARAGRAPH (9) TO SUBSECTION (B) OF SECTION 3.37.050 OF, THE PALM SPRINGS MUNICIPAL CODE EXEMPTING CERTAIN ON-SITE SOLAR IMPROVEMENTS FROM PUBLIC ARTS FEES." Approved as part of the Consent Calendar. 2.E. TREASURER'S INVESTMENT REPORT AS OF NOVEMBER 30, 2013: ACTION: Receive and file the Treasurer's Investment Report as of November 30, 2013. Approved as part of the Consent Calendar. 2.G. APPROVAL OF TWO HOTEL OPERATIONS COVENANT AGREEMENTS WITH BEARFOOT INN, INC. (BEARFOOT INN), AND KITTRIDGE HOTELS AND RESORTS LLC (HARD ROCK HOTEL PALM SPRINGS) PURSUANT TO THE CITY'S HOTEL OPERATIONS INCENTIVE PROGRAM: ACTION: 1) Approve a hotel operations covenant agreement with Bearfoot Inn Inc. pursuant to the City's Hotel Operations Incentive Program; 2) Approve a hotel operations covenant agreement with Kittridge Hotels and Resorts LLC (Hard Rock Hotel Palm Springs) pursuant to the City's Hotel Operations Incentive Program; and 3) Authorize the City Manager to execute all necessary documents. A6480. A6481. Approved as part of the Consent Calendar. 2.H. APPROVAL OF PROGRAM SUPPLEMENT AGREEMENTS NO. N040, N041, and N042 WITH THE STATE OF CALIFORNIA FOR USE OF FEDERAL-AID FUNDS FOR THE EMERGENCY RELIEF PROJECTS ER-18D3(073), ER-18D3(074), AND ER-18D3(075) ON GENE AUTRY TRAIL, VISTA CHINO, AND INDIAN AVENUE (INDIAN CANYON DRIVE) IN PALM SPRINGS FOR THE 2010 STORM YEAR: ACTION: 1) Adopt Resolution No. 23488, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. N040 TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282R WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $14,842.00, FOR THE EMERGENCY RELIEF PROJECT ON GENE AUTRY TRAIL AT WHITEWATER RIVER, FEDERAL-AID PROJECT NO. ER-18D3(073);" 2) Adopt Resolution No. 23489, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. N041 TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282R WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $14,958.00, FOR U 9 City Council Minutes January 15, 2014 Page 10 THE EMERGENCY RELIEF PROJECT ON VISTA CHINO AT WHITEWATER RIVER, FEDERAL AID PROJECT NO. ER-18D3(074);" 3) Adopt Resolution No. 23490, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. N042 TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282R WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $28,600.00, FOR THE EMERGENCY RELIEF PROJECT ON INDIAN AVENUE AT WHITEWATER RIVER, FEDERAL AID PROJECT NO. ER-18D3(075);" and 4) Authorize the City Manager to execute all necessary documents. A6482. A6483. A6484. Approved as part of the Consent Calendar. 2.1. ACCEPTANCE OF THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES ACCOUNT (SLESA) GRANT FROM THE STATE OF CALIFORNIA, APPROVING AN EXPENDITURE PLAN AND APPROPRIATION: ACTION: 1) Accept the State of California Supplemental Enforcement Services Account Grant (SLESA) and Expenditure Plan; 2) Direct the Director of Finance/City Treasurer to fund the Appropriation; and 3) Authorize the City Manager to execute any documents to effectuate the acceptance of the grant. A5765. Approved as part of the Consent Calendar. 2.J. AMENDMENT NO. 2 TO THE FISCAL YEAR 2013-14 ALLOCATED POSITIONS AND COMPENSATION PLAN TO ADD A FLEET MAINTENANCE TECHNICIAN II POSITION: ACTION: 1) Adopt Resolution No. 23491, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2013-14, ADOPTED BY RESOLUTION NO. 23340;" and 2) Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: 2.F. DESIGN SERVICES BY MSA CONSULTING, INC. FOR THE POLICE DEPARTMENT AND CITY HALL PARKING LOTS: Mayor Pougnet requested staff address the cost of design services for the parking lots. Councilmember Lewin commented on the overspray of sprinklers on the City Hall parking lot. 10 City Council Minutes January 15, 2014 Page 11 Councilmember Mills commented on the landscaping issues at City Hall, and commented on the design costs associated with the parking lot improvements. ACTION: 1) Approve the proposal from MSA Consulting, Inc. for design of the two Police Department parking lots and the two City Hall parking lots in an amount not to exceed $100,720 and; 2) Authorize the City Manager to execute all necessary documents. A6445. Motion Councilmember Foat, seconded by Councilmember Lewin and unanimously carried on a roll call vote. 2.K. AMENDMENT NO. 7 TO AGREEMENT NO. A5630 WITH MAXWELL SECURITY SERVICES FOR UNARMED SECURITY SERVICES AT CITY- OWNED FACILITIES: Mayor Pro Tem Hutcheson requested the City Manager look at adding the prior auto dealership to the agreement. ACTION: 1) Approve Amendment No. 7 to Agreement No. A5630 with Maxwell Security Services for unarmed security services at City-owned facilities to incorporate monitoring additional downtown sites and extend the agreement to June 30, 2014; and 2) Authorize the City Manager to execute all necessary documents. A5630. Motion Councilmember Lewin, seconded by Councilmember Mills and unanimously carried on a roll call vote. 2.L. DECORATIVE LIGHT FIXTURES FOR PALM CANYON DRIVE: Councilmember Foat requested Staff address the Type 3 poles and questioned if the lamp bases include all fixtures in the Uptown area. ACTION: 1) Authorize the City Manager to award purchase of 30 additional decorative light fixtures to Pacific Lighting & Standards Company, in an amount not to exceed $71,575; 2) Authorize the City Manager to award purchase of 340 LED retrofit kits for the existing decorative lighting poles in an amount not to exceed $98,600; 3) Authorize the City Manager to award a contract for the wiring and installation of the new decorative light fixtures in an amount not to exceed $81,000; 4) Authorize the City Manager to award a contract or approve a Change Order with Chevron Energy Systems, selecting the most economical approach for the City, for the installation of 340 LED retrofit kits on the existing Palm Canyon Drive decorative lighting poles in an amount not to exceed $74,800; and 5) Authorize the City Manager to execute all necessary documents. Motion Councilmember Foat, seconded by Councilmember Mills and unanimously carried 5-0 on a roll call vote. 3. LEGISLATIVE: None. 11 City Council Minutes January 15, 2014 Page 12 4. UNFINISHED BUSINESS: 4.A. CONSIDERATION OF AN AMENDMENT TO THE PALM SPRINGS MUNICIPAL CODE (SECTION 8.05 "HISTORIC PRESERVATION") TO CHANGE THE AGE OF BUILDINGS ELIGIBLE FOR A SIX-MONTH STAY OF DEMOLITION FROM PRE-1945 TO PRE-1969 (CASE 5.1311): Margo Wheeler, Director of Planning Services, provided background information as outlined in the staff report dated January 15, 2014. Councilmember Mills commented on the formation of an HSPB Subcommittee to expedite the process, recommended the City consider another historic survey to highlight the potential historic resources in the City, and commented on other sites of significance. Councilmember Foat commented on historic preservation in the City of Palm Springs, and requested staff address the criteria for the current historic resources survey. Councilmember Lewin thanked the historic preservation community for their volunteer efforts and their testimony. ACTION: 1) Direct Staff to prepare a Code Amendment as required; and 2) Direct Staff to review potential and return with opportunities to update and expand the Historic Resources Survey. Motion Councilmember Mills, seconded by Councilmember Lewin and unanimously carried on a roll call vote. 4.13. AUTHORIZE THE ISSUANCE OF A NOTICE TO PROCEED TO PALM SPRINGS PROMENADE, LLC, TO PERFORM ENGINEERING SERVICES IN THE AMOUNT OF $65,900 FOR THE DOWNTOWN REVITALIZATION PROJECT REGARDING THE CITY'S PARKING STRUCTURE: City Manager Ready provided background information as outlined in the staff report dated January 15, 2014. ACTION: Authorize a Notice to Proceed to Palm Springs Promenade, LLC, to perform professional engineering services in the amount of $65,900 for potential parking structure improvements at the Downtown Revitalization Project above the improvements required by Palm Springs Promenade, LLC pursuant to the Project Financing Agreement. A6144. Motion Councilmember Foat, seconded by Mayor Pro Tem Hutcheson and unanimously carried on a roll call vote. S. NEW BUSINESS: None. 12 City Council Minutes January 15, 2014 Page 13 COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: None. ADJOURNMENT: The City Council adjourned at 8:58 p.m., to Wednesday, February 5, 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 19T" DAY OF FEBRUARY, 2014. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK 13 CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA SPECIAL MEETING MINUTES FRIDAY, JANUARY 17, 2014 COUNCIL CHAMBER 1. CALL TO ORDER: Mayor Pougnet called the Special Meeting to order at 5:37 p.m. ROLL CALL: PRESENT: Councilmember Foat, Councilmember Lewin, Councilmember Mills, Mayor Pro Tern Hutcheson, and Mayor Pougnet. ABSENT: None. ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson. 2. PUBLIC COMMENT: STEVE ROSENBERG, commented on the cost of the proposed special election, and stated the referendum will quickly end the debate over the Downtown project. BOB HELBLING, Palm Springs, stated his support for the City Council to move forward with the special election and the Downtown Revitalization Project. JIM STUART, Palm Springs, stated his support for the City Council and the leadership of the City, and commented on the commercial real estate market. JOY BROWN MEREDITH, commented on the environment in Downtown Palm Springs, and stated her support for the special election. MARK MARSHALL, Palm Springs, stated his support for a special election. AFTAB DADA, Palm Springs, stated the referendum and the appeal is a waste of time and City funds, and stated his support for the special election. 3. CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 22, 2014, TO CONSIDER A MEASURE FOR SUBMISSION TO THE VOTERS REGARDING THE PROPOSED KIMPTON HOTEL (RESOLUTION NO. 23270 TO APPROVE A PRELIMINARY PLANNED DEVELOPMENT DISTRICT FOR A HOTEL WITHIN BLOCK C OF THE MUSEUM MARKET PLAZA SPECIFIC PLAN): City Attorney Holland provided background information on the proposed Ordinance calling a special election. 14 City Council Minutes January 17, 2014 Page 2 Mayor Pougnet requested the City Attorney address the amendment to the Specific Plan. Councilmember Foat requested the City Attorney clarify the referendum language, and questioned if the City should place two measures on the ballot. Councilmember Lewin requested the City Attorney address the repeal of Resolution No. 23270 if the Ordinance is not approved by the voters. Mayor Pro Tern Hutcheson stated his support of the Ordinance with adding the new Section 2A of the Ordinance, and stated his support for placing the matter on the ballot to the voters at a special election. Councilmember Mills requested the City Attorney review Paragraph A of Exhibit A to clarify as Block C, requested the City Attorney address the language in the referendum. Councilmember Foat requested City Clerk Thompson address an all-mail ballot election and the process of conducting the election, early voting and a location in Palm Springs to cast a ballot, and the cost of conducting a special election. Councilmember Mills requested City Clerk Thompson address the location of the tally and Election Day results. Councilmember Lewin commented on the funding for the election, stated the funds will be well spent to provide the clarity needed to proceed with the project, commented on the Appellant's statements after he lost his appeal, and thanked City Staff for a well, thought-out measure and the quick work to prepare the documents. Mayor Pougnet thanked the members of the public that provided comment at the special meeting, commented on the use of funds and the potential consequences regarding further delays in the project, and stated by holding the election the City is moving in the right direction. ACTION: 1) Adopt Ordinance No. 1842, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, APRIL 22, 2014, FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF AN AMENDMENT TO THE MUSEUM MARKET PLAZA SPECIFIC PLAN TO SPECIFICALLY INCLUDE A HOTEL OF APPROXIMATELY 185 ROOMS, RESTAURANTS, MEETING ROOMS, RETAIL USES, AND ANCILLARY USES, WITHIN BLOCK C OF THE MUSEUM MARKET PLAZA SPECIFIC PLAN AT THE NORTHEAST CORNER OF WEST TAHQUITZ CANYON WAY AND BELARDO ROAD CONSISTENT WITH RESOLUTION NO. 23270 OF THE CITY OF PALM SPRINGS APPROVING A PRELIMINARY PLANNED 15 City Council Minutes January 17, 2014 Page 3 DEVELOPMENT DISTRICT TO ACCOMMODATE A HOTEL (KIMPTON BRAND)," (i) amending the Ordinance to add a Section 2A to read "In the event the Ordinance of the People (Exhibit A) is not adopted, Resolution No. 23270 is void and no longer in effect,," and (ii) correcting Exhibit A, Subsection A of Section 1, to correctly reference Block "C," 2) Adopt Resolution No. 23492, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 22, 2014; 3) Adopt Resolution No. 23493, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE AT THE TUESDAY, APRIL 22, 2014, SPECIAL MUNICIPAL ELECTION AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS; 4) Adopt Resolution No. 23494, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR A CITY MEASURE SUBMITTED AT THE APRIL 22, 2014, SPECIAL MUNICIPAL ELECTION; 5) Adopt Resolution No. 23495, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE CANVASS OF THE SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, APRIL 22, 2014, BE MADE BY THE CITY CLERK;" and 6) Adopt Resolution No. 23496, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR THE FISCAL YEAR 2013-14 FOR THE SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, APRIL 22, 2014." Motion Councilmember Mills, seconded by Councilmember Foat and unanimously carried on a roll call vote. 4. ADJOURNMENT: The City Council adjourned at 6:20 p.m. to the next regular meeting, Wednesday, February 5, 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 19T" DAY OF FEBRUARY 2014. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK 16 CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA a SPECIAL MEETING MINUTES WEDNESDAY, JANUARY 29, 2014 COUNCIL CHAMBER 1. CALL TO ORDER: Mayor Pro Tern Hutcheson called the Special Meeting to order at 5:01 p.m. 2. ROLL CALL: PRESENT: Councilmember Foat, Councilmember Lewin, Councilmember Mills, and Mayor Pro Tern Hutcheson. ABSENT: Mayor Pougnet. ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson. 3. PUBLIC COMMENT: EMILY HEMPHILL, representing Wessman Development, stated the purpose of the Measure submitted to the voters, commented on the two existing lawsuits filed, and requested the City Council consider any agreement must include relief of both lawsuits. NANCY STUART, Palm Springs, commented on her service to the Mount San Jacinto Winter Park Authority. JOHN TYMON, commented on the height of the proposed hotel and the statements made by Mayor Pougnet at the Mayor's State of the City Address. MICHAEL McQUEER, commented on the height of the hotel and spoke against the proposed hotel. JIM STUART, commented on the interest in the Downtown area by corporate firms seeking to locate in Palm Springs. STEVE ROSENBERG, Palm Springs, spoke on the redevelopment and progress of the City of Palm Springs. 4. RECESS TO CLOSED SESSION: The City Council recessed to Closed Session in the Small Conference Room at 5:22 p.m. 5. RECONVENE TO SPECIAL MEETING: The City Council reconvened to Open Session at 6:25 p.m. 6. REPORT OF CLOSED SESSION: City Attorney Holland reported the City Council recessed into Closed Session to consider one item on the posted 17 City Council Minutes January 29, 2014 Page 2 agenda, and stated the City Council discussed a Settlement Agreement and Mutual Release. 7. CONSIDERATION OF A PROPOSED ORDINANCE AMENDING AND/OR WITHDRAWING A MEASURE SUBMITTED TO THE VOTERS BY ORDINANCE NO. 1842, AT A SPECIAL MUNICIPAL ELECTION SCHEDULED TO BE HELD ON TUESDAY, APRIL 22, 2014, PURSUANT TO CAL. ELECTIONS CODE SECTION 9605: Councilmember Mills requested the City Attorney address the outcome of the election compared with the proposed settlement agreement, requested clarification of the development in Block C and any potential changes to the project. Councilmember Foat requested the City Attorney clarify the status of the proposed settlement agreement in relation to the election, requested the City Attorney address the two separate lawsuits, commented on the impact to the community, and stated her support and the reasons for the proposed settlement agreement and withdrawal of the Measure. Councilmember Lewin commented on the actions of the City Council to move the project forward, commented on the potential impact to the community, and stated his support. Mayor Pro Tem Hutcheson stated he would like to move this project forward as soon as possible. Councilmember Mills requested the City Attorney address the outcome of the settlement agreement, commented on the impact to the community, the remaining lawsuit and impact to the community, and stated he is not in support of removing the Measure from the ballot. Councilmember Foat commented on the message the proposed actions send to the Complainants and the community. Councilmember Lewin commented on the actions of the Complainants and their willingness for a settlement agreement. Councilmember Mills stated the settlement agreement does not affect the second lawsuit, stated the real delay to the project is on the second lawsuit, and a vote would send a strong message to the Complainants. Mayor Pro Tem Hutcheson commented on the message a vote would provide, and stated his support for moving forward with the settlement agreement. Councilmember Foat requested the City Attorney address the Judge's preliminary decision on the second lawsuit, the remedy if the City were to lose x. $ City Council Minutes January 29, 2014 Page 3 that lawsuit, and commented on the Complainant's support for a settlement agreement. Councilmember Lewin commented on the results of the lawsuit, and his support for moving forward. ACTION: 1) Approve a Settlement Agreement and Mutual Release with Advocates for Better Community Development and Frank Tysen; and 2) Authorize the City Manager to execute the Agreement on behalf of the City. A6486. Motion Councilmember Foat, seconded by Councilmember Lewin and carried 3-1 on a roll call vote. AYES: Councilmember Foat, Councilmember Lewin, and Mayor Pro Tern Hutcheson. NOES: Councilmember Mills. ABSENT: Mayor Pougnet. ACTION: Adopt Ordinance No. 1843, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING ORDINANCE NO. 1842, CANCELLING THE SPECIAL ELECTION CALLED ON TUESDAY, APRIL 22, 2014, AND WITHDRAWING THE MEASURE SUBMITTED TO THE QUALIFIED VOTERS TO CONSIDER RESOLUTION NO. 23270 REGARDING A KIMPTON BRAND HOTEL WITHIN BLOCK C OF THE MUSEUM MARKET PLAZA SPECIFIC PLAN." Motion Councilmember Foat, seconded by Councilmember Lewin and carried 3-1 on a roll call vote. AYES: Councilmember Foat, Councilmember Lewin, and Mayor Pro Tern Hutcheson. NOES: Councilmember Mills. ABSENT: Mayor Pougnet. 8. ADJOURNMENT: The City Council adjourned at 7:00 p.m. to the next regular meeting, Wednesday, February 5, 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 19TH DAY OF FEBRUARY 2014. STEPHEN P. POUGNET MAYOR ATTEST: JAMES THOMPSON, CITY CLERK 1. 9 CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA ,�ilNie •L ��1,10RN�� MEETING MINUTES WEDNESDAY, FEBRUARY 5, 2014 CITY HALL COUNCIL CHAMBER CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:06 p.m. PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge. INVOCATION: Pastor David Sanger, Our Savior's Community Church, led the Invocation. ROLL CALL: PRESENT: Councilmember Foat, Councilmember Lewin, Councilmember Mills, Mayor Pro Tern Hutcheson, and Mayor Pougnet. ABSENT: None. ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson. PRESENTATIONS: Mayor Pougnet and the City Council presented a Certificate of Recognition to Carol Channing in celebration of her 93rd birthday and her service to the City of Palm Springs. Mayor Pougnet provided an update on the ground-breaking event for the Downtown Revitalization Project. Councilmember Mills announced the upcoming Black History Month events. Mayor Pougnet announced the upcoming 2014 Palm Springs Modernism Week events. Lance, Soll, and Lunghard LLP, the City's independent auditors, presented the Fiscal Year 2012-13 Audit to the City Council. REPORT OF CLOSED SESSION: The meeting was called to order at 4:30 p.m., and City Attorney Holland requested the City Council consider adding one item to the Closed Session Agenda, pursuant to Cal. Gov. Code Section 54956.9(a) Existing Litigation titled Advocates for Better Community Development v. City of Palm Springs et al., Riverside Superior Court Case No. RIC 1302004, and stated he has received information regarding the case after the posting of the Agenda, and there is an immediate need to hear and/or take action. 20 City Council Minutes February 5, 2014 Page 2 ACTION: 1) Find the matter came to the attention of the City after the posting of the agenda and there is an immediate need to hear and/or take action; and 2) Add to the Closed Session Agenda, pursuant to Cal. Gov. Code Section 54956.9(a) one case of existing litigation titled Advocates for Better Community Development v. City of Palm Springs et al., Riverside Superior Court Case No. RIC 1302004. Motion Councilmember Mills, seconded by Councilmember Lewin and unanimously carried (5-0). City Attorney Holland stated the City Council recessed to Closed Session to discuss items on the Closed Session Agenda, and reported the City Council provided direction to Staff, no reportable actions were taken. ACCEPTANCE OF THE AGENDA: Councilmember Mills noted his abstention on Item 2.C., Warrant No. 1068296, and requested Item 2.K. be removed from the Consent Calendar for separate discussion. Mayor Pro Tern Hutcheson requested Item 2.1. be removed from the Consent Calendar for separate discussion. Councilmember Foat requested Item 2.M. and Item 2.N. be removed from the Consent Calendar for separate discussion, and noted her abstention on Item 2.C., Warrant No. 1068294. ACTION: Accept the Agenda as amended. Motion Councilmember Lewin, seconded by Councilmember Mills and unanimously carried on a roll call vote. 1. PUBLIC HEARINGS: I.A. AT&T MOBILITY ON BEHALF OF SHARON DEAN FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A WIRELESS COMMUNICATIONS FACILITY CONSISTING OF A FORTY-EIGHT FOOT TALL MONOPOLE DESIGNED AS A PALM TREE AND A VARIANCE TO EXCEED THE MAXIMUM ANTENNA HEIGHT PERMITTED FROM 15' TO 48' LOCATED AT 4185 EAST PALM CANYON (CASE 5.1295 CUP 16.528 VAR): Margo Wheeler, Director of Planning Services, provided background information as outlined in the staff report dated February 5, 2014. Mayor Pougnet opened the public hearing, and the following speaker addressed the City Council. ROB SEAREY, representing AT&T, outlined the information submitted to the City Council, and stated AT&T is trying to close a gap in service, and 21 City Council Minutes February 5, 2014 Page 3 noted the deficit of service in the proposed area, commented on the installation process, and requested the City Council support the Variance. No further speakers coming forward, the public hearing was closed. Councilmember Mills requested the City Council consider screening as opposed to bollards, including clustering of five Palm Trees as requested by AAC, and a landscaped screening wall. Councilmember Foat requested clarification regarding the clustering of Palm Trees. ACTION: Adopt Resolution No. 23497, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO INSTALL AND OPERATE A WIRELESS COMMERCIAL COMMUNICATIONS FACILITY ON THE ROOF OF AN EXISTING BUILDING LOCATED AT 4185 EAST PALM CANYON (CASE 5.1295/6.528 VAR)," amending the Conditions of Approval as follows: a) require a screened wall (as opposed to bollards), b) require a clustering of five palm trees within the footprint area of the building as recommended by the AAC, and c) require additional screening on the North, West, and East which may be a combination of wall and landscaping with wall being at least six feet high with a hedge. Motion Councilmember Mills, seconded by Mayor Pro Tern Hutcheson and unanimously carried on a roll call vote. Mayor Pougnet stated he had a business related conflict of interest with respect to Item 1.B., would not participate in the discussion or the vote, and left Council Chamber. Mayor Pro Tem Hutcheson conducted this portion of the meeting. 1.13. JUDY DEERTRACK APPEALING THE PLANNING COMMISSION DECISION TO UPHOLD THE PLANNING DIRECTOR'S DECISION TO CONDITIONALLY APPROVE A LAND USE PERMIT FOR OUTDOOR ENTERTAINMENT / MUSICIANS AS ACCESSORY TO A RESTAURANT LOCATED AT 1555 SOUTH PALM CANYON DRIVE (CASE LUP 13-067): Margo Wheeler, Director of Planning Services, provided background information as outlined in the staff report dated February 5, 2014. Councilmember Foat requested Staff address comments made in a letter that the Appellant did not have an opportunity to address the Commission. Councilmember Lewin commented on the scope of the decision before the City Council. u2 City Council Minutes February 5, 2014 Page 4 Mayor Pro Tem Hutcheson opened the public hearing, and the following speakers addressed the City Council. KATHERINE JENSON, Representing Applicant, commented on the procedure before the Planning Commission, noted her materials submitted regarding the sound system, noted the restrictions placed on the outdoor entertainment, noted the revocation procedures in the conditions, commented on the policy of an "accessory use," the proximity of the Appellant to the proposed project, commented on the existing facility and the zoning of the property, and requested the City Council approve the request. JUDY DEERTRACK, Palm Springs, commented on her experience to get to the City Council, commented on the process and lack of process and requested the City Council review the policies for Land Use Permits, commented on the property and the nature of the businesses as "neighborhood serving," commented on the lack of public hearings for Land Use Permits, and commented on the permit being an "accessory use." TOM ADAMO, Palm Springs, spoke in support of the Hacienda Cantina, commented on the communication between the Applicant and Appellant, and commented on the City's approach in dealing with other noise nuisances in the City. SIMON HOUSMAN, representing Happy Traveler, noted the specifics related to the Happy Traveler, commented on the enforcement of the noise ordinance. GERALD NOONAN, read and submitted a group of letters from businesses and residents adjacent to the project who are in support of the project. BEAR ZELLER, stated the project will bring jobs to the area and spoke in support of the project. MARY JANE WOODRUFF, stated support of the project, and requested the City Council support the business community in the area. MATT NAYLOR, commented on the proximity to his residence, noted the issues of homeless at the project site, commented on the noise level due to the proposed sound, and requested the City Council support the project. SEAN DURANT, stated his support for the project, and noted the City history as a destination "hot spot." u3 City Council Minutes February 5, 2014 Page 5 HAROLD MATZNER, commented on the history of the property, the economic viability of the project, noted the success of outdoor music at Spencer's Restaurant, and requested the City approve the project. AFTAB DADA, stated his support of the project, commented on the recent actions of the City for tourism, and read a letter from PS Resorts in support of the project. MINDY REED, thanked the City Council for their support for growth and new businesses in the Downtown area, commented on the noise level, and spoke in support of the project. STEVE ROSENBERG, commented on City's response to noise complaints, and requested the City Council support the project. NICK VITHAL, Palm Springs, commented on the problem due to the vacant property, commented on noise, and requested the City Council support the project and the development in the area. BOB BOGARD, Palm Springs, spoke in support of the Hacienda Cantina, stated the City is attracting people to the area, noted the success of the Splash House event, and the target demographic. KRISTIN BLOOMER, stated her support of the project, noted the complementary nature to surrounding businesses, and stated the City enforces the noise ordinances. BARBARA BERAN, stated her support for the Hacienda Cantina, noted the current energy in Palm Springs, and the current vacant development. JOY BROWN MEREDITH, stated her support of the Planning Directors' decision to approve the Land Use Permit, noted the project will connect Palm Springs, and the nature of"accessory use" for a restaurant. TYLER MCLEAN, stated his support for the project, and noted the great things happening in Palm Springs. DANIEL CLARY, Palm Springs, noted his proximity to the location, stated his main concern with the project is the noise from outdoor music, and commented on traffic accidents in the area. MELISSA CRONIN, commented on the importance of hospitality jobs in the City of Palm Springs, and stated her support for the project. ^ 4 City Council Minutes February 5, 2014 Page 6 BOB LEWIS, commented on the demographic changes in the City of Palm Springs, and stated his support for the project. ANDREW STARKE, stated his support for the Hacienda Cantina, commented on the ability of the operator, and commented on the growth of Palm Springs. KATHERINE JENSON, Rebuttal, commented on the original PDD and the neighborhood use, commented on the outdoor use of entertainment that must be compliant with the noise ordinance. JUDY DEERTRACK, Rebuttal, stated the PDD was started as neighborhood commercial and now the City has upgraded this property to commercial for tourism uses, and requested the City Council follow the process. No further speakers coming forward, the public hearing was closed. Councilmember Foat commented on the process and procedures, the determination of to the business person trying to open this establishment, the conditions imposed on the project, commented on the development and exciting projects on South Palm Canyon. Councilmember Lewin commented on the perceived fear, stated the Applicant played by the rules to get this project approved, commented on the very strict noise limitations and other conditions, and anticipates the businesses in the area prosper as a result of the project. Councilmember Mills stated the City has done everything as required by State law, City and other codes, stated the process was followed, stated his biggest concern was noise, commented on the sound system being installed, and stated if there is a violation it will be the City's job to enforce the violation, and commented on the noise ordinance. Mayor Pro Tern Hutcheson noted the size of the restaurant and stated it is not a neighborhood cafe, noted the current neighborhood nuisance by the vacant building, commented on job creation, and the Appellant's comments to support businesses and the process. ACTION: Adopt Resolution No. 23498, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION APPROVING A LAND USE PERMIT FOR OUTDOOR ENTERTAINMENT AND MUSICIANS AS ACCESSORY TO A RESTAURANT LOCATED AT 1555 SOUTH PALM CANYON DRIVE, AND DENYING THE APPEAL BY JUDY DEERTRACK, ZONE PD-13111.E (CASE LUP 13-067)." Motion 25 City Council Minutes February 5, 2014 Page 7 Councilmember Foat, seconded by Councilmember Lewin and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Foat, Councilmember Lewin, Councilmember Mills, and Mayor Pro Tern Hutcheson. NOES: None. ABSENT: Mayor Pougnet. The City Council recessed at 8:08 p.m. The City Council reconvened at 8:15 p.m. PUBLIC COMMENT: LISA MIDDLETON, commented on the Vacation Rental Ordinance and the process with PSNIC, stated her support of the Staff Report, stated enforcement needs to be improved and enforcement needs to be faster, commented on two problem areas Deepwell and Twin Palms, the PSNIC process and the PSNIC approval process. HOWARD BULLER, Morongo Valley, commented on vacation rentals and stated the City needs stronger enforcement, and requested the City eliminate the Courtesy Citations, and review occupancy limits. TOM STANSBURY, Palm Springs, thanked City staff and the City Council Subcommittee for listening to the concerns of Protect Deepwell, and looked forward to including a review in six months. LARRY FECHTER, Palm Springs, commented on the Vacation Rental Ordinance and encouraged the proposed regulations to clean-up the violations. NANCY STUART, Palm Springs, commented on the activities of the Palm Springs Aerial Tramway, and the current comments regarding parking fees. REGINA PEARSON, Palm Springs, commented on the Vacation Rental Ordinance, noted the proliferation of vacation rentals in the Mesa area, and requested the City Council address density limits and allowing two additional persons beyond the number of bedrooms. ELLEN LOCKART, commented on the Vacation Rental Ordinance, thanked the City Council Subcommittee, and requested the City Council limit the number of vacation rentals in the City of Palm Springs. RUDI POLAK, Palm Springs, commented on the Vacation Rental Ordinance, noted his operational requirements as a vacation rental owner, requested the City Council allow two numbers for local contact person, requested the City Council keep the Courtesy Notices and streamline the notification system. u6 City Council Minutes February 5, 2014 Page 8 JAKE TAYLOR, commented on the Vacation Rental Ordinance, the demographics of people who are using vacation rentals, stated his support for beefing up the ordinance and noise limitations and requested a definition of amplified music. DON GONZLES, Palm Springs, commented on Event House Permits and requested the City Council review Event House Permits. GARY JOHNS, commented on the upcoming 2014 Modernism Week events. CODY SANFORD, commented on the Vacation Rental Ordinance, stated his support for the proposed changes to the Vacation Rental Ordinance, noted the number of noise violations for vacation rentals, and commented on the benefits of vacation rental property. MICHAEL McLEAN, commented on the Vacation Rental ordinance, noted the support of the vacation rental operators regarding the proposed regulations, and commented on the recommendations. STEVE ROSENBERG, commented on the Vacation Rental Ordinance, stated the fee should be applied equally, and enforcement should be a focus. COUNCILMEMBER COMMENTS: Councilmember Lewin commented on the current drought conditions in the state and requested the City Manager draft a City and Community drought plan. Mayor Pougnet commented on the drought conditions and requested the City Council consider an ad hoc Subcommittee to study and address this issue. Mayor Pro Tem Hutcheson requested the City Manager provide an update on Riverside County regulations pertaining to food trucks, and requested a homeless ordinance for the Downtown area. Mayor Pougnet thanked the City Council for their work, and commented on the Downtown Project. Councilmember Foat commented on the settlement agreement between the City and ABCD. CITY MANAGER'S REPORT: None. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.J., 21., and 2.0. Motion Councilmember Mills, seconded by Councilmember Foat and unanimously carried on a roll call vote. Z7 City Council Minutes February 5, 2014 Page 9 2.A. REPORT ON THE POSTING OF THE AGENDA: ACTION: Receive and file Report on the Posting of the February 5, 2014, City Council Agenda. Approved as part of the Consent Calendar. 2.B. FISCAL YEAR 2012-13 AUDIT BY THE CITY'S INDEPENDENT AUDITORS: ACTION: Receive and file the Fiscal Year 2012-13 Audit. Approved as part of the Consent Calendar. 2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 23499, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 12-21-13 BY WARRANTS NUMBERED 418434 THROUGH 418450 TOTALING $37,583.44, LIABILITY CHECKS NUMBERED 1068198 THROUGH 1068221 TOTALING $117,144.30, FIVE WIRE TRANSFERS FOR $53,719.67 AND THREE ELECTRONIC ACH DEBITS OF $1,247,341.71 IN THE AGGREGATE AMOUNT OF $1,455,789.12, DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution No. 23500, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1068222 THROUGH 1068306 IN THE AGGREGATE AMOUNT OF $2,778,094.06, DRAWN ON BANK OF AMERICA;" 3) Adopt Resolution No. 23501, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 01-04-14 BY WARRANTS NUMBERED 418451 THROUGH 418467 TOTALING $32,801.94, LIABILITY CHECKS NUMBERED 1068307 THROUGH 1068330 TOTALING $115,295.63, FIVE WIRE TRANSFERS FOR $50,574.19 AND THREE ELECTRONIC ACH DEBITS OF $1,153,218.77 IN THE AGGREGATE AMOUNT OF $1,351,890.53, DRAWN ON BANK OF AMERICA;" 4) Adopt Resolution No. 23502, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1068331 THROUGH 1068436 IN THE AGGREGATE AMOUNT OF $1,030,000.02, DRAWN ON BANK OF AMERICA;" and 5) Adopt Resolution No. 23503, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1068437 THROUGH 1068595 IN THE AGGREGATE AMOUNT OF $1,609,045.61, DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar, noting the abstentions of Councilmember Mills on Warrant No. 1068296 and Councilmember Foat on Warrant No. 1068294. City Council Minutes February 5, 2014 Page 10 2.D. SECOND READING AND ADOPTION OF ORDINANCE NO. 1839 AMENDING PARAGRAPHS B.4, C.2, C.6, C.8, AND C.9 OF SECTION 93.21.00 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE INCLUSION OF LED (LIGHT-EMITTING DIODE) LIGHTING AS A PERMITTED LIGHTING FIXTURE TYPE ALLOWED IN THE CITY'S OUTDOOR LIGHTING STANDARDS: ACTION: Waive the reading of the full text of the ordinance and adopt Ordinance No. 1839, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PARAGRAPHS B.4, C.2, C.6, C.8, AND C.9 OF SECTION 93.21.00 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE INCLUSION OF LED (LIGHT-EMITTING DIODE) LIGHTING AS A PERMITTED LIGHTING FIXTURE TYPE ALLOWED IN THE CITY'S OUTDOOR LIGHTING STANDARDS." Approved as part of the Consent Calendar. 2.E. SECOND READING AND ADOPTION OF ORDINANCE NO. 1840 AMENDMENT TO THE PALM SPRINGS ZONING CODE TO ESTABLISH AN EXEMPTION FOR CLASS 1 HISTORIC STRUCTURES FROM PARKING REQUIREMENTS FOR NEW USES: ACTION: Waive the reading of the full text of the ordinance and adopt Ordinance No. 1840, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PARAGRAPH 3 OF SUBSECTION B OF SECTION 93.06.00 OF THE PALM SPRINGS ZONING CODE ESTABLISHING AN EXEMPTION FOR CLASS 1 HISTORIC STRUCTURES FROM PARKING REQUIREMENTS FOR NEW USES UNDER THE ZONING CODE." Approved as part of the Consent Calendar. 2.F. SECOND READING AND ADOPTION OF ORDINANCE NO. 1841 AMENDMENTS TO THE PALM SPRINGS ZONING CODE REGARDING RELIGIOUS INSTITUTIONS: ACTION: Waive the reading of the full text of the ordinance and adopt Ordinance No. 1841, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTION B OF SECTION 91.00.10, SUBSECTION C OF SECTION 92.08.01, SUBSECTIONS A AND D OF SECTION 92.09.01, SUBSECTION C OF SECTION 92.10.01, SUBSECTION A OF SECTION 92.11.01, SUBSECTION A OF SECTION 92.12.01, SUBSECTION A OF SECTION 92.14.01, SUBSECTION A OF SECTION 92.15.01, PARAGRAPH 1 OF SUBSECTION C OF SECTION 92.13.01, AND PARAGRAPH 1 OF SUBSECTION A OF SECTION 94.01.01, OF THE PALM SPRINGS MUNICIPAL CODE, ADOPTING A DEFINITION FOR "RELIGIOUS INSTITUTIONS" AND ESTABLISHING RELIGIOUS INSTITUTIONS AS A USE PERMITTED AS A MATTER OF RIGHT, CONDITIONAL USE PERMIT, OR LAND USE PERMIT IN SPECIFIED ZONES, REQUIRING A CONDITIONAL USE PERMIT FOR ALL ASSEMBLY USES IN THE CBD ZONE, AND AUTHORIZING � j City Council Minutes February 5, 2014 Page 11 INITIATION OF ZONING CODE AMENDMENTS BY THE DIRECTOR OF PLANNING SERVICES." Approved as part of the Consent Calendar. 2.G. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF DECEMBER 2013: ACTION: Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of December 1 through December 31, 2013. Approved as part of the Consent Calendar. 2.H. RATIFICATION OF THE ANNUAL ADJUSTMENT OF THE ACCESS LINE RATE APPROVED BY THE VOTERS BY MEASURE "G" PURSUANT TO PALM SPRINGS MUNICIPAL CODE § 3.39.050: ACTION: Adopt Resolution No. 23504, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RATIFYING THE ANNUAL ADJUSTMENT OF THE ACCESS LINE RATE PURSUANT TO PALM SPRINGS MUNICIPAL CODE § 3.39.050 APPROVED BY THE VOTERS BY MEASURE G." Approved as part of the Consent Calendar. 2.J. RENEW AN AGREEMENT WITH PYRANET LLC FOR THE BILLING AND RECONCILIATION OF ALARM PERMITS, RENEWALS, FALSE ALARMS, AND CONTINUANCE OF THE ALARM DIVERSION PROGRAM: ACTION: 1) Approve an agreement with Pyranet, LLC, dba PalmSpringsAlarm.com and alarmschoolonline.com (PSA) to perform the billing and reconciliation of alarm permits, renewals, false alarm billings, and continue the On-Line Alarm Diversion Program for three years; and 2) Authorize the City Manager to execute all necessary documents. A5409. Approved as part of the Consent Calendar. 2.L. TREASURER'S INVESTMENT REPORT AS OF DECEMBER 31, 2013: ACTION: Receive and file the Treasurer's Investment Report as of December 31, 2013. Approved as part of the Consent Calendar. 2.0. APPROVE AN AGREEMENT WITH CAPITAL ACCOUNTING PARTNERS, LLC TO PROVIDE STUDIES TO CALCULATE THE COST OF USER FEES AND PREPARE AN INDIRECT COST ALLOCATION PLAN: ACTION: 1) Approve an agreement with Capital Accounting Partners, LLC to prepare a User Fee Study and Indirect Cost Allocation Plan for the City's various departments in an amount not to exceed $52,330; 2) Adopt Resolution No. 23506, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2013-14 FOR A USER FEE STUDY AND COST ALLOCATION PLAN;" and 3) Authorize the City Manager to 30 City Council Minutes February 5, 2014 Page 12 execute all necessary documents. A6491. Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: 2.1. TIME EXTENSIONS OF SUBDIVISION IMPROVEMENT AGREEMENTS FOR VARIOUS PROJECTS: Mayor Pro Tern Hutcheson commented on the current state of economic development in the City and stated that with the improved economic environment in the City not as many development extensions would be required in the future. Councilmember Foat requested the location of the properties be included on the list in future staff reports. ACTION: Adopt Resolution No. 23505, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING TIME EXTENSIONS OF VARIOUS SUBDIVISION IMPROVEMENT AGREEMENTS." Motion Councilmember Lewin, seconded by Mayor Pro Tern Hutcheson and unanimously carried on a roll call vote. A6192 Tract Map 28308 "AE3 at Sunny Dunes", extend to January 17, 2015. A4814 Tract Map 28966 "Preserve Estates", extend to June 18, 2015. A4955 Tract Map 30050 "Alta", extend to February 3, 2015. A5086 Tract Map 32233-1 Escena", extend to April 2, 2015. A5087 Tract Map 32233-2 Escena", extend to April 2, 2015. A5088 Tract Map 32233-3 Escena", extend to April 2, 2015. A5089 Tract Map 32233-4 Escena", extend to April 2, 2015. A5100 Tract Map 31263 "The Towers", extend to February 3, 2015. A5105 Tract Map 32160 "Enclave", extend to February 18, 2015. A5131 Tract Map 30046 "Monte Sereno", extend to March 18, 2015. A5155 Tract Map 31514 "Luminaire", extend to June 18, 2015. A5246 Tract Map 33561 "Palermo", extend to April 2, 2015. A5324 Tract Map 33933 "Murano", extend to May 24, 2015. A5393 Tract Map 31848-1 "Avalon", extend to May 4, 2015. A5426 Tract Map 32732 "Oceo", extend to May 20, 2015. A5436 Tract Map 33161 "Vista San Jacinto", extend to August 9, 2015. 2.K. ADMINISTRATIVE ANALYSIS OF RESIDENTIAL PROJECT ON TRIBAL TRUST LAND CONSISTING OF EIGHTEEN SINGLE FAMILY RESIDENCES ON ROUGHLY 2.3 ACRES OF VACANT LAND LOCATED AT THE SOUTHWEST CORNER OF TWIN PALMS AND SOUTH CAMINO REAL (CASE 5.1323 MISC.): Councilmember Mills requested Staff address the process with administrative review by the AAC. ^ 1:J City Council Minutes February 5, 2014 Page 13 ACTION: Receive and file the 18 @ Twin Palms Administrative Analysis. Motion Councilmember Mills, seconded by Mayor Pro Tern Hutcheson and unanimously carried on a roll call vote. 2.M. AIR SERVICE INCENTIVE PROGRAM FUNDING AWARD TO AMERICAN AIRLINES: Councilmember Foat requested Staff address the age of the airplanes and noise caused by the planes used by American Airlines. ACTION: 1) Approve air service incentive funding for American Airlines in an amount not to exceed $30,000; and 2) Authorize City Manager to execute all necessary documents. A6490. Motion Councilmember Foat, seconded by Councilmember Mills and unanimously carried on a roll call vote. 2.N. TERMINATION OF A DEVELOPMENT AGREEMENT AND DISPOSITION AND DEVELOPMENT AGREEMENT WITH WYNDHAM VACATION INC., FORMERLY FAIRFIELD RESORTS, INC. FOR THE STAR CANYON RESORT PROJECT: Councilmember Foat requested Staff address the current problems at the former auto dealership site. ACTION: 1) Approve the termination of the Development Agreement and Disposition and Development Agreement with Wyndham Vacation Inc., formerly Fairfield Resorts, Inc. and 2) Authorize the City Manager to execute all necessary documents, and authorize the City Clerk to record appropriate documents. DA A4823. DDA A0428C. Motion Councilmember Lewin, seconded by Mayor Pro Tern Hutcheson and unanimously carried on a roll call vote. 3. LEGISLATIVE: 3.A. PROPOSED ORDINANCE AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 8.05.125, TO CHANGE FROM PRE-1945 TO PRE- 1969, THE AGE OF BUILDINGS ELIGIBLE FOR UP TO A SIX MONTH STAY OF DEMOLITION: Margo Wheeler, Director of Planning Services, provided background information as outlined in the staff report dated February 5, 2014. The City Council discussed and/or commented on exempting current buildings and sites from the proposed ordinance that already have been approved by a PDD, Specific Plan, and/or Development Agreement, and any legal issues relating to the current agreements with developers. ACTION: Waive the reading of the ordinance text in its entirety and read by title only and introduce on first reading Ordinance No. 1844, "AN 32 City Council Minutes February 5, 2014 Page 14 ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 8.05.125 OF, AND ADDING SUBSECTION (c) TO SECTION 8.05.020 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO CLASS 3 HISTORIC STRUCTURES/SITES." Motion Councilmember Foat, seconded by Mayor Pro Tern Hutcheson and carried 4-1 on a roll call vote. AYES: Councilmember Foat, Councilmember Lewin, Mayor Pro Tern Hutcheson, and Mayor Pougnet. NOES: Councilmember Mills. 4. UNFINISHED BUSINESS: None 5. NEW BUSINESS: Councilmember Lewin stated he had a potential perception of conflict of interest with respect to Item 5.A., would not participate in the discussion or the vote, and left Council Chamber. Mayor Pro Tern Hutcheson stated he had a business related conflict of interest with respect to Item 5.A, would not participate in the discussion or the vote, and left Council Chamber. S.A. VACATION RENTAL REGULATIONS AND APPROVAL OF AN AGREEMENT WITH VACATION RENTAL COMPLIANCE: City Manager Ready provided background information as outlined in the staff report dated February 5, 2014. The City Council discussed and/or commented on the following with respect to vacation rental regulations: shorten the time to respond to a first hotline call within a 72-hour period to 15 minutes, along with requiring a face-to-face meeting for the second hotline call within 72-hours, requiring the face-to-face meeting on the first hotline call when the property has been identified as a problem property, the need to define a problem property and defining how to get off the problem property list, requested only one fee for all types of properties for $200, the code needs to contain a definition of a bedroom that must have a built-in closet, and window, and must be walled or physically closing the room off, better definition and explanation of amplified music, the increased compliance by Vacation Rental Compliance, requiring a review of the ordinance changes and compliance in six months, and allowing for a back-up number for owners for hotline calls, and simplify the verbiage to communicate all applicable rules to vacation rental guests. ACTION: 1) Direct staff to prepare an ordinance to amend vacation rental regulations; 2) Direct staff to prepare amendments to the Comprehensive 33 City Council Minutes February 5, 2014 Page 15 Fee Schedule for vacation rental registration and renewal; 3 Waive the requirements of PSMC Section 7.04.050 and approve Amendment No. 1 to Agreement No. A6467 with Vacation Rental Compliance for a three- year term at the stated hourly rates; and 4) Authorize the City Manager to execute all necessary documents. A6467. Motion Councilmember Foat, seconded by Councilmember Mills and unanimously carried 3-0 on a roll call vote. AYES: Councilmember Foat, Councilmember Mills, and Mayor Pougnet. NOES: None. ABSENT: Councilmember Lewin and Mayor Pro Tem Hutcheson. Mayor Pro Tem Hutcheson and Councilmember Lewin returned to the dais. COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: Councilmember Mills requested staff address event houses, and code enforcement at the Springs Shopping Center for landscape issues. ADJOURNMENT: The City Council adjourned at 10:00 p.m. to Wednesday, February 19, 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 19T" DAY OF FEBRUARY, 2014. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK it