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Wednesday, October 17,2018
Minutes of the Regular Meeting of the City Council
CALL TO ORDER
A Regular Meeting of the Palm Springs City Council was called to order by Mayor Moon on
Wednesday, October 17, 2018, at 6:00 p.m., in the Council Chamber, City Hall, located at 3200
E. Tahquitz Canyon Way, Palm Springs, California.
PLEDGE OF ALLEGIANCE
Mayor Moon led the Pledge of Allegiance.
ROLL CALL
Present: Councilmembers Christy Holstege, Geoff Kors, Lisa Middleton; Mayor Pro Tern
J.R. Roberts; and Mayor Robert Moon.
Absent: None.
City Staff
Present: David H. Ready, City Manager; Edward Z. Kotkin, City Attorney; Marcus Fuller,
Assistant City Manager; and Anthony J. Mejia, City Clerk, were present at Roll
Call. Other staff members presented reports or responded to questions as indicated
in the minutes.
PRESENTATIONS
Jamey Canfield and Mary Jo Ginther presented an update on the Palm Springs Bureau of Tourism
and Convention Center.
ACCEPTANCE OF THE AGENDA
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM ROBERTS,
CARRIED 5-0, to remove Consent Calendar Item Nos. 1F, 1I, 1J, 1K, 1M, and I for separate
discussion.
REPORT OF CLOSED SESSION - -- -
The Regular Closed Session of the City Council of October 17,2018,was called to order by Mayor
Moon at 4:00 p.m., with all members present.
The meeting convened into Closed Session to discuss the following items as listed on the Special
Closed Session Meeting Agenda:
City Council Minutes October 17 2018
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION, Pursuant to
Government Code Section 54956.9(d)(1):
4348 Lockwood Ave LLC et al v. City of Palm Springs
Case No. RIC]703102, Riverside Superior Court, Riverside Division
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION, Pursuant to
Government Code Section 54956.9(d)(2):
Number of Anticipated Cases: 8
CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION, Pursuant to
Government Code Section 54956.9(d)(4):
Number of Cases: 2
CONFERENCE WITH REAL PROPERTY NEGOTIATORS, Pursuant to Government Code
Section 54956.8
Property Address/Description: Vineyard Parking Lot, APNs 513-153-029, 513-153-015,
513-153-016, Northeast Corner of Belardo Rd. and
Baristo Rd.
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: New Church II, LLC, a Nevada limited liability company
Under Negotiation: Price and Terms (Lease)
Property Address/Description: Baristo Parking Structure, APNs 513-154-044,
513-154-045, 513-154-046, 513-154-047,
513-154-048, 275 S. Indian Canyon Dr.
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: New Church II, LLC, a Nevada limited liability co
Under Negotiation: Price and Terms (Lease)
Property Address/Description: Plaza Mercado Parking Lot, APNs 513-143-017,
Northeast Corner of Belardo Rd. and Arenas Rd.
Agency: City of Palm Springs
CityNegotiator: DavidH Ready,City Manager or Designee
Negotiating Parties: New Church II, LLC, a Nevada limited liability co
Under Negotiation: Price and Terms (Lease)
Property Address/Description: 1433 and 1455 North Indian Canyon Drive
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: Ken Agee
Under Negotiation: Terms of Payment (Substitution of Trustor)
City of Palm Springs Page 2
City Council Minutes October 17 2018
Property Address/Description: 980 E. Taliquitz Canyon Way, APN 508-056-010
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: Palm Springs Unified School District, Sandra Lyon,
Superintendent
Under Negotiation: Price and Terms of Payment(Lease)
Property Address/Description: 538 North Palm Canyon Drive
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: Charles Yates and Se Layne
Under Negotiation: Price and Terms of Payment (Lease)
CONFERENCE WITH LABOR NEGOTIATOR,Pursuant to Government Code Section 54957.6:
Agency Designated
Representatives: City Manager David Ready and Attorney Peter Brown
Employee Organizations: Palm Springs Firefighters Association
Palm Springs Fire Management Association
Palm Springs Police Management Association
Palm Springs Police Officers Association
Service Employees International Union Local 721
Unrepresented Employees
City Attorney Kotkin stated that the City Council convened into Closed Session to discuss the
above listed items;reported that the City Council received briefings and provided direction to staff
regarding the Closed Session items, but did not take any reportable action; noted that certain items
listed on the Closed Session Agenda were not discussed due to time constraints; announced that
City Manager Ready recused himself due to a property conflict of interest and left the Closed
Session during discussion of 4348 Lockwood Ave LLC et al v. City of Palm Springs; reported that
on a motion By Councilmember Middleton, seconded by Councilmember Holstege, carried 4-0,
the City Council added an additional Closed Session Item related to E. Hoff Canyon Views v. City
of Palm Springs, noting that the City became aware of the litigation subsequent to the posting of
the agenda.
PUBLIC TESTIMONY
Mike Smith, speaking on Item 5A, spoke in opposition to restarting the BUZZ trolley if it route is
proposed to go through the Historic Tennis Club Neighborhood.
Mike Guerra, speaking on Item 5A, expressed opposition to the BUZZ trolley operating in the
Historic Tennis Club Neighborhood, citing past complaints related to noise, traffic,vibrations, and
unsafe conditions for pedestrians.
Patricia Breslin, speaking on Item 5A, conveyed her opposition to the BUZZ trolley operating in
the Historic Tennis Club Neighborhood; asserted that the BUZZ trolley negatively impacts the
quality of life for the neighborhood residents.
City of Palm Springs Page 3
City Council Minutes October 17, 2018
Ron Iamele, Speaking on Item 5A,representing the Historic Tennis Club Neighborhood; expressed
opposition to the BUZZ trolley operating in the neighborhood, noting that the residents voted 3 to
1 in opposition to the route.
Thomas Doyle, General Manager of the Palm Springs Tennis Club, speaking on Item. 5A,
expressed support for the BUZZ trolley and the existing route.
Kathy Weremiuk, Planning Commission Chairperson, Speaking on Item 3A, advised that the
Planning Commission recommends that the City Council move forward with the Golf Course
Conversion Moratorium.
Russ Uthe, President of Sonora Sunrise Neighborhood, speaking on Item 3A, voiced support for
the proposed moratorium on Golf Course Conversions.
Chuck Steinman, speaking on Item 3A, voiced support for the proposed moratorium on Golf
Course Conversions.
John Marksburv, speaking on Item 3A, voiced support for the proposed moratorium on Golf
Course Conversions.
Michael Johnson, speaking on Item 3A, voiced support for the proposed moratorium on Golf
Course Conversions.
Wayne Guralnica, speaking on Item 3A, voiced support for the proposed moratorium on Golf
Course Conversions; recommended that the ordinance be modified to address properties which
have been allowed to become fallow.
Jim Gross, Human Rights Commissioner, speaking on Item 1 G, noted that the Human Rights
Commission unanimously supports the proposed Tobacco Retailer Permit Ordinance.
Paul Hindrichsen, speaking on Item 1G, expressed gratitude to the City Council for adopting the
Tobacco Retailer Permit Ordinance, noting that it will help protect the youth's health.
Bob Heinbaush, speaking on Item 1G, thanked the City Council for supporting the Tobacco
Retailer Permit Ordinance; noted that it is a self-funding initiative and managed by the County of
Riverside.
Jim Franklin, Palm Springs Regional Association of Realtors; speaking-on-ftem-1Q, advised that —
the Realtors Association supports the Costa Hawkins Rental Housing Act; opined that Proposition
10 will negatively impact the rental housing market and cause rentals to covert to short-term
vacation rentals.
Becky Bowles, speaking on Item IQ, expressed support for the comments of Jim Franklin.
Karen Tabbatt, speaking on Item 1Q, voiced opposition to the City Council taking a position on
Proposition 10;asserted that Proposition 10 is misleading and does not result in affordable housing.
City of Palm Springs Page 4
City Council Minutes October 17 2018
Jenna LeConte-Hinely, CEO of Health Assessment and Research for Communities (HARC)
speaking on Item 5B, advised that her organization is coordinating a three-year health assessment
for the Coachella Valley; requested financial support from the City of Palm Springs, noting that
other non-profit organizations can utilize the final results in seeking grants.
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS
City Manager Ready displayed a video depicting solar panel arrays installed at the Convention
Center and other City facilities, repaving of Kirk Douglas Way at the airport, and the remodel of
Fire Station No. 4.
Councilmember Kors reported on the Town Hall Meeting with the LGBT Caucus represented by
Assembly Member Low; encouraged residents to attend the Senior Resources Event at the
Mizell Senior Center on October 23, 2018; advised that the City Council Ad Hoc Subcommittee
on Communications met to discuss the feasibility of a City Council quarterly newsletter, stating
that plans are to move forward with the concept; requested that the City Council discuss the
possibility of waiving attorney-client privilege related to certain districting matters and requested
the City Attorney determine whether discussion should occur in open or closed session.
Mayor Pro Tern Roberts requested that discussion of the La Plaza Theater be agendized for an
upcoming City Council meeting; noted that Mayor Moon and himself serve on the City Council
Ad Hoc Subcommittee on Rules and Procedures and that their recommendations will come
forward at a City Council meeting in November;requested that the City hold a community meeting
to discuss the landscaping plan for Tahquitz Creek Golf Course; requested that the City Council
adjourn tonight's meeting in memory of Jonathan Skow.
Councilmember Holstege reported on her attendance at regional meetings related to housing and
homelessness; encouraged residents to attend the City Council meeting related to districting on
November 18, 2018.
1. CONSENT CALENDAR
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER KORS,
CARRIED 5-0,to remove Consent Calendar Item Nos. IF, 11, 1 J, 1 K, 1 M,and 1 Q for separate
discussion.
A. ACCEPT THE RESIGNATION OF SAM CIRAULO FROM THE HUMAN
RIGHTS COMMISSION FOR THE TERM ENDING DECEMBER31,20-18 — -,
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0,to:
1. Accept with regret the resignation of Sam Ciraulo from the Human Rights Commission.
2. Direct the City Clerk to post a notice of vacancy for the term ending December 31,2018
City of Palm Springs Page 5
City Council Minutes October 17, 2018
B. ACCEPT THE RESIGNATION OF J. DOUGLAS DONENFELD FROM THE
PLANNING COMMISSION FOR THE TERM ENDING DECEMBER 31,2018
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Accept with regret the resignation ofJ.Douglas Donenfeld from the Planning Commission.
2. Direct the City Clerk to post a notice of vacancy for the term ending December 31,2018.
C. ACCEPT THE RESIGNATION OF HUNTER JOHNSON FROM THE PALM
SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE TERM
ENDING JUNE 30, 2019
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Accept with regret the resignation of Hunter Johnson from the Palm Springs
International Airport Commission.
2. Direct the City Clerk to post a notice of vacancy for the term ending June 30, 2019,
D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE
MONTH OF SEPTEMBER 2018
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to receive and file the report of Staff Authorized Agreements and
Purchase Orders for the period of September 1 through September 30, 2018.
E. TREASURER'S INVESTMENT REPORT AS OF AUGUST 31, 2018
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER KORS,
CARRIED 5-0,to receive and File the Treasurer's Investment Report as of August 31,2018.
F. SECOND READING AND ADOPTION OF ORDINANCE NO. 1964, RELATING
TO PUBLIC INTEGRITY, NOTICING, LOBBYING, AND APPLICANT
DISCLOSURE,AND IDENTIFYING FORTHCOMING CHANGES IN NOTICING
This item was excluded from the Consent Calendar. Please refer to Page 12 of these
minutes for a summary of that action.
City of Palm Springs Page 6
City Council Minutes October 17 2018
G. SECOND READING AND ADOPTION OF ORDINANCE NO. 1965, ADDING
CHAPTER 6.11 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO
TOBACCO RETAILER PERMITS
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Ordinance No. 1965 "AN ORDINANCE OF THE CITY
OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 6.11 OF THE PALM
SPRINGS MUNICIPAL CODE, RELATING TO "TOBACCO RETAILER PERMITS."
H. AWARD A MAINTENANCE AND SERVICE AGREEMENT CONTRACT TO
METRO VIDEO SYSTEMS,INC. FOR THE PALM SPRINGS INTERNATIONAL
AIRPORT SECURITY ACCESS CONTROL SYSTEM AND VIDEO
MANAGEMENT SYSTEM
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Award a three year contract with two, 1-year options for a Service Agreement with
Metro Video Systems, Inc., a California Corporation, for an annual fixed amount of
$69,900.00 for routine fixed maintenance, with on-call hourly rates for non-routine
maintenance and repair services, for the additional Security Access Control System
(SACS) and Video Management System (VMS) at Palm Springs International Airport
pursuant to RFP No. 04-19 for the first three (3) years, with optional renewal years
subject to a CPI adjustment. A7222.
2. Authorize the City Manager to execute all necessary documents.
I. APPROVE AMENDMENT NO. 3 TO THE CONSULTING SERVICES
AGREEMENT WITH HARRELL & COMPANY ADVISORS, LLC TO EXTEND
THE TERM OF THE AGREEMENT
This item was excluded from the Consent Calendar. Please refer to Page 13 of these
minutes for a summary of that action.
J. LETTER OF SUPPORT FOR MEASURE BB, DESERT HEALTHCARE
DISTRICT ANNEXATION
This item was excluded from the Consent Calendar. Please refer to Page 13 of these
minutes for a summary of that action.
City of Palm Springs Page 7
City Council Minutes October 17, 2018
K. PS COUNTRY CLUB,LLC SEEKING RATIFICATION OF TENTATIVE TRACT
MAP 36691 AS CONFORMING TO CITY COUNCIL RESOLUTION NO. 24085
AND A TIME EXTENSION OF THE SAME TENTATIVE TRACT MAP FOR
SERENA PARK — A RESIDENTIAL DEVELOPMENT CONSISTING OF 386
ATTACHED AND DETACHED RESIDENTIAL UNITS, OPEN SPACE,STREETS
AND PARK SPACE ON 126-ACRES OF LAND PREVIOUSLY OPERATED AS A
GOLF COURSE GENERALLY LOCATED EAST OF SUNRISE WAY, NORTH
OF VERONA ROAD AND SOUTHWEST OF THE WHITEWATER RIVER
WITHIN SECTIONS 1 AND 36, CASE TTM 36691
This item was excluded from the Consent Calendar. Please refer to Page 14 of these
minutes for a summary of that action.
L. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID PALM CANYON DRIVE PEDESTRIAN
IMPROVEMENTS IN DOWNTOWN, CP 17-07, AND PEDESTRIAN SAFETY
IMPROVEMENTS ALONG SOUTH AND EAST PALM CANYON DRIVE
CORRIDOR, CP 17-09
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to approve the plans, specifications and estimate; and authorize
staff to advertise and solicit bids for Palm Canyon Drive Pedestrian Improvements in
Downtown, CP 17-07, and Pedestrian Safety Improvements along South and East Palm
Canyon Drive Corridor, CP 17-09.
M. TOLL BROTHERS, INC. ON BEHALF OF PALM CANYON 65, LLC FOR A
TIME EXTENSION OF TENTATIVE TRACT MAP 36914 TO SUBDIVIDE A
RESIDENTIAL DEVELOPMENT CONSISTING OF 56 DETACHED SINGLE-
FAMILY RESIDENCES, 25 MULTIPLE-FAMILY RESIDENTIAL
CONDOMINIUMS, OPEN SPACE AND PRIVATE STREETS ON 12.38-ACRES
OF LAND LOCATED AT 777 SOUTH PALM CANYON DRIVE, ZONE PD-379,
CASE 5.1378 PD-379,3.3876 MAJ& TTM 36914
This item was excluded from the Consent Calendar. Please refer to Page 14 of these
minutes for a summary of that action.
City of Palm Springs Page 8
City Council Minutes October 17 2018
N. ACCEPTANCE OF THE SOLAR PHOTOVOLTAIC SYSTEMS AT THE PALM
SPRINGS WASTEWATER TREATMENT PLANT, ANIMAL SHELTER AND
CONVENTION CENTER INSTALLED AS PART OF THE CITYWIDE SOLAR
PROJECT, CITY PROJECT NO. 15-03
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0,to:
1. Approve an Amendment to Design/Build Agreement for Design, Installation and
Commissioning of Solar/Photovoltaic System at Wastewater Treatment Plant(WWTP)
by and between the City of Palm Springs and Tesla Energy Operations, Inc., for a
decrease in the capital cost of $7,417.05 for a new capital cost of $2,171,430.49 to
account for the final system size of 1,106.640 kW. A6772.
2. Approve an Amendment to Operation and Maintenance Agreement (Commercial) at
Wastewater Treatment Plant (WWTP) by and between the City of Palm Springs and
Tesla Energy Operations, Inc., for a decrease in the 20-year term maintenance cost of
$108,960.84 for a new 20-year maintenance cost of$343,654.89. A6772.
3. Approve an Amendment to Performance Guarantee Agreement (Design/Build
Agreement for Design, Installation and Commissioning of Solar/Photovoltaic System)
for the Wastewater Treatment Plant by and between the City of Palm Springs and Tesla
Energy Operations, Inc. A6772.
4. Accept the public works improvement identified as the Solar Photovoltaic System at
the Wastewater Treatment Plant installed pursuant to the Design/Build Agreement with
SolarCity Corporation (now known as Testa Energy Operations, Inc.) dated
October 27, 2015, as completed in accordance with the plans and specifications.
A6772.
5. Approve an Amendment to Operation and Maintenance Agreement (Commercial) at
Palm Springs Animal Shelter by and between the City of Palm Springs and Tesla
Energy Operations, Inc., to account for the final system size of 430.92 kW. A6867.
6. Accept the public works improvement identified as the Solar Photovoltaic System at
the Palm Springs Animal Shelter installed pursuant to the Design/Build Agreement
with SolarCity Corporation (now known as Tesla Energy Operations, Inc.) dated
September 22, 2016, as completed in accordance with the plans and specifications.
A6867• - - -
7. Approve an Amendment to Power Purchase Agreement — Palm Springs Convention
Center Solar/Photovoltaic System by and between the City of Palm Springs and Tesla
Energy Operations, Inc., to account for the final system size of 836.55 kW. A6868.
(City Council action continued on the next page)
City of Palm Springs Page 9
City Council Minutes October 17, 2018
8. Approve an Amendment to Performance Guarantee Agreement (Power Purchase
Agreement — Palm Springs Convention Center) by and between the City of Palm
Springs and Tesla Energy Operations, Inc., to account for final system size of 836.55
kW. A6868
9. Accept the public works improvement identified as the Solar Photovoltaic System at
the Palm Springs Convention Center installed pursuant to the Power Purchase
Agreement — Palm Springs Convention Center Solar/Photovoltaic System with
SolarCity Corporation (now known as Tesla Energy Operations, Inc.) dated
September 22, 2016, identified as Agreement No. A6868, as completed in accordance
with the plans and specifications.
10. Consent to a mutually agreed voluntary termination of the Power Purchase Agreement
for Sunrise Plaza by and between the City of Palm Springs and SolarCity Corporation
(now known as Tesla Energy Operations, Inc.) dated October 28, 2015, identified as
Agreement No. A6773, and the associated Performance Guarantee Agreement.
11. Authorize the City Engineer to execute and file for recordation with the Riverside
County Recorder a Notice of Completion for the various solar photovoltaic projects.
12. Authorize the City Manager to execute all necessary documents.
O. AUTHORIZE AN INCREASE OF $150,000 TO PURCHASE ORDER NO. 18-0742
ISSUED TO VFOLIA WATER WEST OPERATING SERVICES,INC., RELATED
TO ADDITIONAL PROFESSIONAL SERVICES REQUIRED TO COMPLY
WITH THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
ORDER R7-2017-0013
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Authorize an increase in the amount of $150,000 to Purchase Order 18-0742 with
Veolia Water West Operating Services, Inc., pursuant to Agreement No. A6804, for
additional special groundwater studies, and implementation of a work plan to evaluate
total dissolved solids from industrial and commercial sources, as required by the
California Regional Water Quality Control Board Order R7-2017-0013.
r Authorize the City Managerto,execute all necessary-doeimtents
City of Palm Springs Page 10
City Council Minutes October 17 2018
P. APPROVE AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENTS WITH ALBERT GROVER & ASSOCIATES,ALBERT A. WEBB
ASSOCIATES, AND MSA CONSULTING, INC., FOR ON-CALL CIVIL
ENGINEERING AND TRAFFIC ENGINEERING SERVICES (A6442, A6443,
A6445)
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0,to:
1. Approve Amendment No. 1 to the Professional Services Agreement for On-Call Traffic
Engineering Services with Albert Grover&Associates extending the term by one year.
A6442.
2. Approve Amendment No. 1 to the Professional Services Agreement for On-Call Traffic
Engineering Services with Albert A. Webb Associates extending the term by one year.
A6443.
3. Approve Amendment No. 1 to the Professional Services Agreement for On-Call Civil
Engineering Services with MSA Consulting, Inc., extending the term by one year.
A6445.
4. Authorize the City Manager to execute all necessary documents.
Q. RESOLUTION OF SUPPORT FOR PROPOSITION 10, THE AFFORDABLE
HOUSING ACT, EXPANDING LOCAL GOVERNMENTS' AUTHORITY TO
ENACT RENT CONTROL ON RESIDENTIAL PROPERTY
This item was excluded from the Consent Calendar. Please refer to Page 15 of these
minutes for a summary of that action.
R. CONSIDERATION OF THE SUMMARY VACATION OF A PORTION OF THE
PUBLIC RIGHT-OF-WAY FOR CAMINO DEL MONTE NORTH OF CAMINO
CARMELITA IN SECTION 27, TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.B.M.,
CASE NO. 3.529—ENG. FILE R 18-02
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Resolution No. 24504 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
SUMMARILY VACATING AND ABANDONING A PORTION OF THE PUBLIC
RIGHT-OF-WAY FOR CAMINO DEL MONTE NORTH OF CAMINO CARMELITA
IN SECTION 27, TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.B.M., CASE NO. 3.529 —
ENG. FILE R 18-02, AND APPROVING A DETERMINATION THAT THE ACTION
IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA)."
City of Palm Springs Page 11
City Council Minutes October 17, 2018
S. APPROVE REQUEST FROM COUNTY OF SANTA CLARA TO SIGN A
"FRIEND OF THE COURT" BRIEF TO BE FILED IN THE NINTH CIRCUIT
COURT OF APPEALS,IN SUPPORT OF THE STATE OF CALIFORNIA,IN THE
UNITED STATES v. CALIFORNIA CASE, A FEDERAL GOVERNMENT
CHALLENGE AGAINST RECENT STATE LAWS RELATED TO
IMMIGRATION POLICY
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to direct the City Attorney to sign a "friend of the court" brief
prepared by the County of Santa Clara,the County of Los Angeles,and the City of Oakland
to be filed with the Ninth Circuit Court of Appeals in the United States v. California case,
and to execute any related documents and take any related action necessary.
T. APPROVAL OF MINUTES
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0,to approve the City Council Meeting Minutes of April 4,2018, and
September 27, 2018.
EXCLUDED CONSENT CALENDAR
F. SECOND READING AND ADOPTION OF ORDINANCE NO. 1964, RELATING
TO PUBLIC INTEGRITY, NOTICING, LOBBYING, AND APPLICANT
DISCLOSURE,AND IDENTIFYING FORTHCOMING CHANGES IN NOTICING
Councilmember Holstege noted that the verbiage under Section 2.60.060 should be
clarified to indicate that notification will be provided to "all owners and tenants of real
property," noting that the intention is that both commercial and residential tenants will
receive notification when appropriate.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to adopt Ordinance No. 1964 "AN ORDINANCE OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 2.60 OF THE PALM
SPRINGS MUNICIPAL CODE, RELATING TO PUBLIC INTEGRITY, NOTICING,
LOBBYING, AND APPLICANT DISCLOSURE, AND IDENTIFYING
FORTHCOMING CHANGES IN NOTICING," as amended.
City of Palm Springs Page 12
City Council Minutes October 17 2018
I. APPROVE AMENDMENT NO. 3 TO THE CONSULTING SERVICES
AGREEMENT WITH HARRELL & COMPANY ADVISORS, LLC TO EXTEND
THE TERM OF THE AGREEMENT
Councilmember Kors noted that the contract should be modified to include the current
non-discrimination provision.
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Approve Amendment No. 3 to Agreement No. A5548 with Harrell & Company
Advisors, LLC, as amended.
2. Authorize the City Manager to execute the Amendment to the Agreement.
J. LETTER OF SUPPORT FOR MEASURE BB, DESERT HEALTHCARE
DISTRICT ANNEXATION
Mayor Moon expressed concerns related to the expansion of the Desert Healthcare District,
noting that the proposal does not identify on-going funding sources which could result in
a decrease in funding available for Palm Springs residents; expressed disappointment that
the Riverside County Board of Supervisors did not approve a property tax funding
mechanism similar to the existing district.
During the course of discussion, individual Councilmember(s) offered commentary as
follows. The below points do not necessarily reflect City Council consensus:
• It is important to unify the Coachella Valley in terms of healthcare.
• The Desert Healthcare District Board of Directors support the expansion.
• There is a great need for access to healthcare in the east side of Coachella Valley.
• Homelessness and healthcare are regional issues.
• If residents in particular areas of the region cannot get access to healthcare, it will
erode efforts regionally.
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-1 (MAYOR MOON VOTING NO), to authorize a letter of
support for Measure BB, Desert Healthcare District Annexation.
City of Palm Springs Page 13
City Council Minutes October 17, 2018
K. PS COUNTRY CLUB,LLC SEEKING RATIFICATION OF TENTATIVE TRACT
MAP 36691 AS CONFORMING TO CITY COUNCIL RESOLUTION NO. 24085
AND A TIME EXTENSION OF THE SAME TENTATIVE TRACT MAP FOR
SERENA PARK — A RESIDENTIAL DEVELOPMENT CONSISTING OF 386
ATTACHED AND DETACHED RESIDENTIAL UNITS,OPEN SPACE,STREETS
AND PARK SPACE ON 126-ACRES OF LAND PREVIOUSLY OPERATED AS A
GOLF COURSE GENERALLY LOCATED EAST OF SUNRISE WAY, NORTH
OF VERONA ROAD AND SOUTHWEST OF THE WHITEWATER RIVER
WITHIN SECTIONS 1 AND 36, CASE TTM 36691
Following clarification, MOTION BY COUNCILMEMBER MIDDLETON, SECOND
BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 24501
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, RATIFYING TENTATIVE TRACT MAP 36691 AS
CONFORMING TO ITS APPROVAL BY CITY COUNCIL RESOLUTION 24085,AND
APPROVING A TWELVE MONTH EXTENSION FOR TTM 36691 —A SUBDIVISION
OF 156.18 GROSS ACRES INTO 386 RESIDENTIAL LOTS, PUBLIC AND PRIVATE
STREETS, A PARK, PRESERVED OPEN SPACE, AND PRIVATE OPEN SPACE,
GENERALLY LOCATED NORTH OF VERONA ROAD, EAST OF SUNRISE WAY,
AND SOUTHWEST OF WHITEWATER RIVER WASH, TTM 36691."
M. TOLL BROTHERS, INC. ON BEHALF OF PALM CANYON 65, LLC FOR A
TIME EXTENSION OF TENTATIVE TRACT MAP 36914 TO SUBDIVIDE A
RESIDENTIAL DEVELOPMENT CONSISTING OF 56 DETACHED SINGLE-
FAMILY RESIDENCES, 25 MULTIPLE-FAMILY RESIDENTIAL
CONDOMINIUMS, OPEN SPACE AND PRIVATE STREETS ON 12.38-ACRES
OF LAND LOCATED AT 777 SOUTH PALM CANYON DRIVE, ZONE PD-379,
CASE 5.1378 PD-379, 3.3876 MAJ& TTM 36914
Mayor Pro Tem Roberts questioned and received clarification that the applicant will need
to demonstrate progress on the project or it is unlikely that the Planning Commission will
grant another extension.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON,CARRIED 5-0,to adopt Resolution No.24502 entitled"A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A TWELVE MONTH EXTENSION FOR TTM 36914—A SUBDIVISION
— _ CONSISTING�OF WSINGLI F-AMILYRESIDENTIAL LOTS, ONE (I)-LOT FOR 25 --
MULTI-FAMILY RESIDENTIAL CONDOMINIUMS, OPEN SPACE AND PRIVATE
STREETS ON 12.38-ACRES OF LAND LOCATED AT 777 SOUTH PALM CANYON
DRIVE."
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City ouncil Minutes October 17 2018
Q. RESOLUTION OF SUPPORT FOR PROPOSITION 10, THE AFFORDABLE
HOUSING ACT, EXPANDING LOCAL GOVERNMENTS' AUTHORITY TO
ENACT RENT CONTROL ON RESIDENTIAL PROPERTY
Mayor Moon and Mayor Pro Tem Roberts expressed concern regarding supporting
Proposition 10, citing concerns that rent control could negatively impact local and state
revenues and disincentivize the building of new homes.
Councilmembers Kors, Holstege, and Middleton pointed out that Proposition 10 does not
enact rent control, but would provide local governments with the authority to enact rent
control if needed.
Mayor Pro Tem Roberts noted that the City Council is split on the issue and requested that
the City Council not take any position on Proposition 10.
Councilmember Middleton requested that the second whereas clause be amended to read,
"...characterized by sl yrecketing rents and evietien by escalating and frequently
unaffordable rents due to an inadequate inventory of affordable housing."
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
KORS,CARRIED 3-2(MAYOR PRO TEM ROBERTS AND MAYOR MOON VOTING
NO), to adopt Resolution No. 24503 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUPPORTING
PROPOSITION 10, THE AFFORDABLE HOUSING ACT," as amended.
2. PUBLIC HEARINGS:
A. PS COUNTRY CLUB, LLC FOR A REVIEW AND AMENDMENT OF THE
DEVELOPMENT AGREEMENT FOR SERENA PARK — A RESIDENTIAL
DEVELOPMENT CONSISTING OF (386) ATTACHED AND DETACHED
RESIDENTIAL UNITS, OPEN SPACE, STREETS AND PARK SPACE ON 126-
ACRES OF LAND PREVIOUSLY OPERATED AS A GOLF COURSE
GENERALLY LOCATED EAST OF SUNRISE WAY, NORTH OF VERONA
ROAD AND SOUTHWEST OF THE WHITEWATER RIVER WITHIN
SECTIONS 1 AND 36, CASE 5.1327 DA
Planning Services Director Fagg presented the staff report.
- In response to City Council inquiry,Planning Services Director Fagg advised that the City
would withhold issuing any new permits if the Development Agreement Fee of$3-million
is not paid by the due date; noted that the Agreement could be terminated in the event of
a default; pointed out that the Agreement is binding on all successors; stated that the
Development Agreement Fee is secured by the entitlements themselves which are valued
at more than $3-million.
The City Council agreed to modify the Amendment to indicate that the property must be
restored to a natural and safe condition, such as that it is not a nuisance in the discretion
of the City.
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City Council Minutes October 17, 2018
Mayor Moon opened the Public Hearing.
Eric Taylor,Applicant,Palm Springs Country Club,LLC, agreed to the modified verbiage
related to restoration of the property; stated that they will repair the perimeter fence and
clean-up the property; noted that the property will be more secure once construction
begins and there is site monitoring.
DougJones,ones, stated that the area is currently blighted and the project will enhance the
northern portion of Palm Springs and improve the local housing stock.
Kathy Weremiuk,speaking as a private citizen,expressed support for the preservation of the
Chino Cone;expressed concern that the Amendment moves away from the original purpose
of the Development Agreement Fee which is for the transfer of density rights.
Ed Dube. Friends of PS Mountain Board Member, requested that the City Council deny
the proposed Amendment; opined that the Agreement does not contain any security for
the $3-million fee.
Mayor Moon closed the Public Hearing.
During the course of discussion, City Attorney Kotkin advised that the language in the
Development Agreement and Subdivision Improvement Agreement should be consistent
and memorialize the City's right to revert to acreage and extinguish the Development
Agreement in the event of default.
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0,to:
1. Approve the proposed revisions to the Development Agreement.
2. Authorize the City Manager to execute all necessary documents.
B. AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, TO EXTEND INTERIM URGENCY ORDINANCE NO. 1963 FOR
AN ADDITIONAL 10 MONTHS AND 15 DAYS, AND CONTINUE FOR THIS
PERIOD A TEMPORARY MORATORIUM ON DEMOLITION OR
SUBSTANTIAL ALTERATION OF STRUCTURES BUILT BEFORE 1969(CLASS
-- - — 3—HISTORIC—STRUETURES) TfY--,kLLOW FOk--CONSIDERA`PIOPt--OF —
APPROPRIATE AMENDMENTS TO THE GENERAL PLAN OR MUNICIPAL
CODE IN ACCORDANCE WITH GOVERNMENT CODE SECTION 65858
Planning Services Director Fagg presented the staff report.
Mayor Moon opened the Public Hearing.
Dick Burkett Historic Site Preservation Board (HSPB) Vice Chair, voiced support for the
moratorium; advised that the draft ordinance is comprehensive and will be presented to the
City Council in the near future.
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City Council Minutes October 17 2018
Becky Bowles, pointed out that the moratorium will impact over 5,000 properties; stated
that a new property owner cannot renovate his dilapidated home due to the moratorium;
asserted that the moratorium is a taking of private property rights.
Mayor Moon closed the Public Hearing.
In response to City Council inquiry, Planning Services Director Fagg advised that the
moratorium does not prevent minor alterations and renovations.
Councilmember Holstege opined that the moratorium is too broad and that too many homes
are impacted; agreed that the moratorium should be extended only for a limited period.
The City Council agreed to extend the moratorium for four months and requested that the
City Attorney determine whether the City Council could adopt the final ordinance as an
urgency ordinance; requested that staff circulate the draft ordinance to realtors and other
stakeholders.
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR MOON,
CARRIED 4-1 (COUNCILMEMBER HOLSTEGE VOTING NO), to adopt Ordinance
No. 1966 entitled "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, TO EXTEND INTERIM URGENCY ORDINANCE NO.
1963 FOR AN ADDITIONAL 4 MONTHS 19 MONTHS NTHS AND 15 DAYS,YS AND
CONTINUE FOR THIS PERIOD A TEMPORARY MORATORIUM ON DEMOLITION
OR SUBSTANTIAL ALTERATION OF STRUCTURES BUILT BEFORE 1969(CLASS
3 HISTORIC STRUCTURES) TO ALLOW FOR CONSIDERATION OF
APPROPRIATE AMENDMENTS TO THE GENERAL PLAN OR MUNICIPAL CODE
IN ACCORDANCE WITH GOVERNMENT CODE SECTION 65858."
MEETING RECESS
The City Council recessed at 9:05 p.m. and reconvened at 9:16 p.m. with all members present.
3. LEGISLATIVE:
A. AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADOPTING A TEMPORARY MORATORIUM ON
CONVERSIONS OF GOLF COURSES TO OTHER USES TO ALLOW FOR
CONSIDERATION OF APPROPRIATE AMENDMENTS TO THE GENERAL
PLAN OR MUNICIPAL CODE IN ACCORDANCE NUTH GOVERNMENT CODE__
SECTION 65858
Planning Services Director Fagg presented the staff report.
In response to City Council inquiry, City Attorney Kotkin advised that the Agua Caliente
Band of Cahuilla Indians indicated that they have no comment on the proposed
moratorium; recommended that the moratorium be extended for a limited and specific
period after the initial 45-days.
City of Palm Springs Page 17
City Council Minutes October 17, 2018
The City Council agreed to modify the definition of Golf Course to include the term
"fallow" and to indicate that it is "a lot or portion of a lot as identified in the General Plan
as Open Space Recreation."
In response to City Council inquiry, Planning Services Director Fagg advised that the City
does not have a defined process or development standards related to Golf Course
Conversions; noted that the Miralon and Serena Park Projects were processed under a
Planned Development District; noted that most Golf Courses are bordered by residential
homes and that establishment of development standards are needed to provide adequate
protections for existing residents.
The City Council requested that the City Attorney solicit a formal response from the Agua
Caliente Band of Cahuilla Indians related to the moratorium.
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to adopt Ordinance No. 1967 entitled " AN INTERIM
URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADOPTING A TEMPORARY MORATORIUM ON CONVERSIONS OF GOLF
COURSES TO OTHER USES TO ALLOW FOR CONSIDERATION OF
APPROPRIATE AMENDMENTS TO THE GENERAL PLAN OR MUNICIPAL CODE
IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 65858."
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS
A. APPROVE MEMORANDUM OF UNDERSTANDING WITH SUNLINE TRANSIT
AGENCY FOR BUZZ TROLLEY SERVICE
This item was deleted from the agenda.
B. CONSIDERATION OF FISCAL YEAR 2018-19 SPONSORSHIP OF HEALTH
ASSESSMENT AND RESEARCH FOR COMMUNITIES, INC. FOR
COMMUNITY HEALTH SURVEY
Councilmember Holstege provided a summary of the services provided by Health
Assessment and Research for Communities (HARC); advised that the funding would
support a health survey for the entire Coachella Valley, noting that the report could assist
other non-profits in obtaining grants; recommended that the City of Palm Springs
contribute$10,000.
The City Council agreed to fund $5,000 this initial year and encouraged HARC to apply
for the full amount in the future.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to provide a$5,000 Fiscal Year 2018-19 Sponsorship to HARC.
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City Council Minutes October 17 2018
C. CONSIDERATION OF THE 2019 CITY COUNCIL/SUCCESSOR AGENCY
MEETING SCHEDULE
City Manager Ready presented the staff report.
Following discussion, the City Council agreed to the tentative 2019 meeting schedule as
follows:
• Cancel the meetings scheduled for July 3 and July 17, 2019 and reschedule them to a
consolidated meeting on July 10, 2019.
• Cancel the meetings in the month of August 2019.
• Cancel the meeting of September 18, 2019.
• Reschedule the meeting of October 16, 2019, to occur on October 23, 2019.
• Due to the transition of a new City Council, the City Council directed that the
meeting of November 20, 2019, be cancelled.
• Reschedule the meetings of January 1 and 15,2020, to occur on January 8 and 22,2020
The City Council directed staff to agendize the final meeting schedule for the next City
Council meeting and to encourage the Boards and Commissions to emulate the same
meeting schedule.
PUBLIC COMMENT
Brad Anderson, expressed concerns regarding the effectiveness of the Coachella Valley Mosquito
and Vector Control District; spoke on the need to urgently address the mosquito population.
Damon Lawson, urged the City Council as individuals to support the Seventh Day Adventist
Church's 5K Home Run to benefit the homeless and Housing First Initiative.
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT
The City Council agreed that the City Council should walk at the 2019 Holiday Parade.
Councilmember Kors requested that staff schedule a Cannabis Stakeholder Meeting in the near
future.
ADJOURNMENT
At 10:05 p.m., the City Council adjourned in memory of Jonathan Skow. A Special Meeting will
be held on Thursday, October 18, 2018, at 6:00 p.m. in the Council Chamber at City Hall, 3200
East Tahquitz Canyon Way, Palm Springs.
s ectfully s mitted,
w
Anthony . Meji , MM
ity Clerk
City of Palm Springs Page 19