HomeMy WebLinkAbout2017-09-26 CC MINUTES CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
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MINUTES
TUESDAY, SEPTEMBER 26, 2017
Council Chamber, City Hall
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
REGULAR MEETING
4:00 P.M. CLOSED SESSION
CALL TO ORDER (Council Chamber): Mayor Moon called the meeting to order at
4:36 p.m. Councilmembers Kors, Roberts, and Mayor Moon were present. It was noted
Councilmember Mills had an excused absence. .
City Attorney Kotkin stated there were two items that came to the City via email after the
posting of the agenda, and requested adding the two items to the Closed Session
Agenda as follows:
EXISTING LITIGATION, G.C. 54956.9(d)(1)
City of Palm Springs v. Desert Wellness, H. Sossa, Trustee of Sossa Family Trust
Case No. PSC 1602065, Riverside Superior Court, Palm Springs Division
EXPOSURE TO LITIGATION, G.C. 54956.9(d)(2)
1 Case
ACTION:
By a majority (3-0-2, noting the absence of Councilmember Mills and Mayor Pro Tern
Foat) vote the following were approved:
1) A. Find information regarding the existing litigation, Desert Wellness, was
received after the posting of the Agenda and there is an immediate need to hear
and/or take action; and
B. Find information regarding one (1) case Exposure to Litigation was
received after the posting of the Agenda and there is an immediate need to hear
and/or take action.
2) Add to the Closed Session Agenda two (2) items pursuant to Cal. Gov. Code
Section 54956.9(e)(3) as shown below:
EXISTING LITIGATION, G.C. 54956.9(d)(1)
City of Palm Springs v. Desert Wellness, H. Sossa, Trustee of Sossa Family Trust
Case No. PSC 1602065, Riverside Superior Court, Palm Springs Division
EXPOSURE TO LITIGATION, G.C. 54956.9(d)(2)
1 Case
City Council MINUTES September 26,2017 Page 2
PUBLIC COMMENT (Council Chamber): No one came forth to address the Mayor
and City Council.
RECESS TO CLOSED SESSION (Small Conference Room):
At 4:37 p.m., the Mayor and City Council recessed to Closed Session in the Small
Conference Room. See Closed Session Agenda, Exhibit A.
Mayor Pro Tem Foat arrived at 4:40 p.m. and proceeded to Closed Session.
6:00 P.M. REGULAR MEETING
CALL TO ORDER: Mayor Moon called the meeting to order at 6:07 p.m.
PLEDGE OF ALLEGIANCE: Mayor Moon led the salute to the flag.
ROLL CALL:
PRESENT: Councilmember Kors, Councilmember Roberts, Mayor Pro Tern Foat,
and Mayor Moon
ABSENT: Councilmember Mills
ALSO PRESENT: City Manager Ready, Assistant City Manager Fuller, City Attorney
Kotkin, and Interim City Clerk Hart
PRESENTATIONS: None.
ACCEPTANCE OF THE AGENDA:
ACTION: Approve the agenda as presented with the removal of Item 1 N from the
agenda and noting the recusal of Mayor Pro Tern Foat from Item 1 H.
Motion by Councilmember Roberts, seconded by Councilmember Kors, and
carried (4-0-1, Councilmember Mills absent) on a roll call vote.
REPORT OF CLOSED SESSION:
City Attorney Kotkin announced that the Council discussed all Closed Session items
and staff would proceed with negotiations on the real property matter at APN 504-26-
0024 at $7.50 per square foot.
PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY)
Rosaria Avilla discussed Item 1 M and suggested additional discussions by the Council.
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS:
City Manager Ready provided an update on the Budget and Finance Subcommittee's
consideration of additional safety requirements, State "take-aways" and "requirements",
and City Council direction. He presented the proposed budget strategies including
City Council MINUTES September 26,2017 Page 3
potential revenue opportunities and areas of possible budget reductions, including the
next steps.
Councilmember Kors spoke on the efforts of the Budget and Finance Committee to
determine revenue opportunities and work with community organizations.
Councilmember Roberts stated Measure D was a great opportunity which he fully
supported and hoped the community would embrace. He reiterated his request to come
up with revenue opportunities rather than cuts.
Mayor Pro Tern Foat spoke of the budget cuts in Fiscal Year 2008-09 and the current
plan to carefully consider revenue opportunities.
Police Chief Reyes announced the upcoming dedication ceremony on October 8, 2017
for fallen Police Officers.
City Manager Ready discussed the proposed increased evening airline flights and the
appeal process.
Mayor Moon stated the Demuth Community Center changes were not based on the
budget. Council discussion included the following:
• The modified hours are due to limited staffing
• Request the Parks Commission to review the schedule
• The cost for one additional staff person was $50,000-$60,000
• Suggested fundraising to add staff
1. CONSENT CALENDAR:
ACTION: Approve Items 1A, 1 B, 1 C, 1 D, 1 E, 1 F, 1 G, 1 H, 11, 1 J, 1 K, 1 L, and 1 M.
Motion by Councilmember Kors, seconded by Councilmember Roberts, and
(4-0-1, Councilmember Mills absent and Mayor Pro Tem Foat recused from Item
11-11) carried on a roll call vote.
I.A. TREASURER'S INVESTMENT REPORT AS OF JULY 31, 2017:
ACTION: Receive and File the Treasurer's Investment Report as of June
31, 2017.
Approved as part of the Consent Calendar.
1.13. SECOND READING AND ADOPTION OF ORDINANCE NO. 1936, AMENDING
THE PALM SPRINGS ZONING CODE (PSZC) RELATING TO THE
REQUIREMENTS FOR HOTEL RESTAURANT FACILITIES IN THE R-2, R-3
AND R-4 ZONE DISTRICTS:
ACTION: Waive the second reading of the ordinance text in its entirety, read by
title only, and adopt Ordinance No. 1936, "AN ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING AN AMENDMENT TO SECTIONS
92.03.01(C), 92.04.01(D), AND 92.05.01(D) OF THE PALM SPRINGS ZONING
CODE (PSZC) RELATING TO THE REQUIREMENTS FOR HOTEL
RESTAURANT FACILITIES IN THE R-2, R-3 AND R-4 ZONE DISTRICTS."
Approved as part of the Consent Calendar.
City Council MINUTES September 26,2017 Page 4
I.C. SECOND READING AND ADOPTION OF ORDINANCE NO. 1937,
AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO.
17 TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY
SERVICES):
RECOMMENDATION: Waive the second reading of the ordinance text in its
entirety, read by title only, and adopt Ordinance No. 1937, "AN ORDINANCE OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING ANNEXATION
NO. 17, 64 @ THE RIV, TRACT MAP NO. 37210, INTO COMMUNITY
FACILITIES DISTRICT NO. 2005-1, (PUBLIC SAFETY SERVICES),
AUTHORIZING THE LEVY OF A SPECIAL TAX, AND SUBMITTING THE LEVY
OF A SPECIAL TAX TO QUALIFIED ELECTORS."
Approved as part of the Consent Calendar.
I.D. ACCEPT THE RESIGNATION OF MARK ACKER FROM THE PARKS AND
RECREATION COMMISSION:
ACTION:
1. Accept with regret the resignation of Mark Acker from the Parks and
Recreation Commission; and
2. Direct the City Clerk to post a notice of vacancy for the term ending June 30,
2018.
Approved as part of the Consent Calendar.
I.E. ACCEPT THE RESIGNATION OF DAVE DARRIN FROM THE PARKS AND
RECREATION COMMISSION:
ACTION:
1. Accept with regret the resignation of Dave Darrin from the Parks and
Recreation Commission; and
2. Direct the City Clerk to post a notice of vacancy for the term ending June 30,
2018.
Approved as part of the Consent Calendar.
I.F. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
RECOMMENDATION:
1. Adopt Resolution No. 24309, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS FOR THE PERIOD ENDED 07-29-2017 BY
WARRANTS NUMBERED 420018, 420020 THROUGH 420035 TOTALING
$30,105.94 LIABILITY CHECKS NUMBERED 1093767 THROUGH 1093786
TOTALING $80,196.09, FIVE WIRE TRANSFERS FOR $61,551.87, AND
THREE ELECTRONIC ACH DEBITS OF $1,437,054.91 IN THE
AGGREGATE AMOUNT OF $1,608,908.81, DRAWN ON BANK OF
AMERICA;"
2. Adopt Resolution No. 24310, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1093787
THROUGH 1093902 IN THE AGGREGATE AMOUNT OF $2,499,698.73,
DRAWN ON BANK OF AMERICA;"
3. Adopt Resolution No.24300, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1093903
THROUGH 1094026 IN THE AGGREGATE AMOUNT OF $2,691,967.87,
DRAWN ON BANK OF AMERICA;"
4. Adopt Resolution No. 24301, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
City Council MINUTES September 26,2017 Page 5
PAYROLL WARRANTS FOR THE PERIOD ENDED 08-12-2017 BY
WARRANTS NUMBERED 420036 THROUGH 420051 TOTALING
$25,987.07 LIABILITY CHECKS NUMBERED 1094027 THROUGH 1094046
TOTALING $78,652.91, FIVE WIRE TRANSFERS FOR $61,836.87, AND
THREE ELECTRONIC ACH DEBITS OF $1,328,253.78 IN THE
AGGREGATE AMOUNT OF $1,494,730.73, DRAWN ON BANK OF
AMERICA;"
5. Adopt Resolution No. 24302, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1094047
THROUGH 1094177 IN THE AGGREGATE AMOUNT OF $1,286,240.12,
DRAWN ON BANK OF AMERICA;"
6. Adopt Resolution No. 24303, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1094178
THROUGH 1094288 IN THE AGGREGATE AMOUNT OF $1,106,796.59,
DRAWN ON BANK OF AMERICA;"
7. Adopt Resolution No. 24304, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS FOR THE PERIOD ENDED 08-26-2017 BY
WARRANTS NUMBERED 420052 THROUGH 420068 TOTALING
$27,607.44 LIABILITY CHECKS NUMBERED 1094289 THROUGH 1094308
TOTALING $79,471.00, FIVE WIRE TRANSFERS FOR $72,391.95, AND
THREE ELECTRONIC ACH DEBITS OF $1,341,663.20 IN THE
AGGREGATE AMOUNT OF $1,521,133.59, DRAWN ON BANK OF
AMERICA;"
8. Adopt Resolution No. 24305, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1094309
THROUGH 1094454 IN THE AGGREGATE AMOUNT OF $1,614,130.28
DRAWN ON BANK OF AMERICA;" and
9. Adopt Resolution No. 24306, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1094455
THROUGH 1094561 IN THE AGGREGATE AMOUNT OF $1,658,252.84,
DRAWN ON BANK OF AMERICA."
Approved as part of the Consent Calendar.
I.G. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE
MONTH OF AUGUST 2017:
ACTION:
Receive and file the report of Staff Authorized Agreements and Purchase Orders
for the period of August 1 through August 31, 2017.
Approved as part of the Consent Calendar.
I.H. ACCEPTANCE OF THE MIZELL SENIOR CENTER SHADE CANOPY,
CP 15-12:
ACTION:
1. Accept the public works improvement identified as the Mizell Senior Center
Shade Canopy, CP 15-12, as completed in accordance with the plans and
specifications, A6876; and
2. Authorize the City Engineer to execute and file for recordation with the
Riverside County Recorder a Notice of Completion for the Mizell Senior
Center Shade Canopy, CP 15-12.
City Council MINUTES September 26,2017 Page 6
Approved as part of the Consent Calendar, noting the recusal of
Mayor Pro Tern Foat.
1.1. AWARD A CONSTRUCTION CONTRACT TO CONDOR, INC. IN THE
AMOUNT OF $384,000 FOR THE PALM SPRINGS SWIM CENTER
REPLASTER AND POOL REPAIR PROJECT, CP 16-06:
RECOMMENDATION:
1. Award a construction contract to Condor, Inc., a California corporation, in the
amount of $384,000 for the Palm Springs Swim Center Replaster and Pool
Repair Project, CP 16-06;
2. Authorize the City Manager to approve and execute construction contract
change orders up to an additional amount of$38,400; and
3. Authorize the City Manager to execute all necessary documents. A7029.
Approved as part of the Consent Calendar.
I.J. AWARD PURCHASE OF GAS MASKS AND GAS MASK FILTERS FOR ALL
POLICE DEPARTMENT SWORN PERSONNEL:
RECOMMENDATION:
1. Award the purchase of 100 Avon brand gas masks and 200 gas mask filters
for PSPD sworn personnel from Adamson Police Products of Los Alamitos,
CA in the amount of$44,855.00 including applicable sales tax and delivery.
2. Authorize the City Manager to execute all necessary documents.
Approved as part of the Consent Calendar.
I.K. TRANSFER AND ASSIGNMENT OF ROA CAPITAL LLC DIB/A MEDICAL
PROPERTIES II PALM SPRINGS, LLC LEASEHOLD INTEREST IN LEASES
NOS. A2528, A2529, A2636 TO CMK CIELO, LLC:
ACTION:
1. Approve the Non-Disturbance, Estoppel and Ground Lessor's Consent
Agreement with CMK CIELO, LLC;
2. Approve the Assignment and Assumption of Lease Agreement Nos. A2528,
A2529, and A2636 and related Consents to Assignment; and
3. Authorize the City Manager to execute all necessary documents as required.
Approved as part of the Consent Calendar.
I.L. REVISED RENTAL RATE SCHEDULE FOR AIRPORT CAR RENTAL
CONCESSIONAIRES:
RECOMMENDATION:
1. Approve the revised rental rate schedule and authorize replacement of the
rental rate schedule that was embedded in the amendments which the City
Council approved on June 21, 2017, for all five Airport car rental
concessionaires; and
2. Authorize the City Manager to execute all necessary documents.
Approved as part of the Consent Calendar.
1.M. APPOINT COUNCILMEMBER KORS AS BOARD MEMBER/CITY LIAISON TO
THE COMMUNITY CHOICE AGGREGATION PROGRAM AND COACHELLA
VALLEY COMMUNITY ENERGY AUTHORITY:
ACTION:
Appoint Councilmember Kors as Board Member/City Liaison to the Community
Choice Aggregation Program and Coachella Valley Community Energy Authority.
Approved as part of the Consent Calendar.
City Council MINUTES September 26,2017 Page 7
1.N. APPROVAL OF MINUTES:
RECOMMENDATION:
Approve the City Council Minutes of May 17, 2017, and June 7, 2017.
Withdrawn from agenda. No action taken.
EXCLUDED CONSENT CALENDAR: None.
2. PUBLIC HEARINGS: None.
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
S.A. A REQUEST BY FREEHOLD COMMUNITIES, LLC, TO AMEND A
PREVIOUSLY APPROVED SPECIAL SIGN DISTRICT FOR THE MIRALON
RESIDENTIAL DEVELOPMENT, LOCATED ON THE NORTH SIDE OF SAN
RAFAEL DRIVE, EAST OF NORTH INDIAN CANYON DRIVE, SOUTH OF THE
WHITEWATER RIVER, AND WEST OF SUNRISE WAY, CASE SP 06-114
AMND:
Director of Planning Services Fagg presented a PowerPoint outlining the
proposed amendments to the signs for the Miralon Residential Development.
Council discussion ensued.
ACTION:
Adopt Resolution No. 24307, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. SP 06-
11E AMND TO AMEND A PREVIOUSLY APPROVED SPECIAL SIGN
DISTRICT FOR THE MIRALON RESIDENTIAL PROJECT LOCATED ALONG
THE NORTH SIDE OF SAN RAFAEL DRIVE, EAST OF NORTH INDIAN
CANYON DRIVE, SOUTH OF THE WHITEWATER RIVER AND WEST OF
SUNRISE WAY, CASE SP 06-114 AMND, ZONE PDD 290, SECTION 35."
Motion by Councilmember Roberts, seconded by Mayor Pro Tem
Foat, and carried (4-0-1, Councilmember Mills absent) carried on a
roll call vote.
S.B. REQUEST FOR EARLY CONSTRUCTION START TIMES FOR CERTAIN
WORK ACTIVITIES AT THE ANDAZ HOTEL CONSTRUCTION SITE FROM
NOVEMBER 1, 2017, THROUGH APRIL 30, 2018:
Assistant City Manager Fuller presented the staff report.
ACTION:
Approve the requested early construction time of 12:00 AM for nine specific
dates between November 1, 2017, and April 30, 2018, for the Andaz Hotel
construction.
City Council MINUTES September 26,2017 Page 8
Motion by Councilmember Roberts, seconded by Mayor Pro Tern
Foat, and carried (4-0-1, Councilmember Mills absent) carried on a
roll call vote.
5.C. AMENDMENT TO THE FISCAL YEAR 2017-18 BUDGET TO
INCORPORATE THE 2017 ANNUAL SLURRY SEAL PROJECT, TO BE
FUNDED BY SENATE BILL 1 (SB 1), THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017, CP 17-02:
Assistant City Manager Fuller presented the staff report.
ACTION:
1. Adopt Resolution No. 24308, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET
FOR FISCAL YEAR 2017-18, ADOPTED BY RESOLUTION 24238, TO
INCORPORATE THE 2017 ANNUAL SLURRY SEAL PROJECT, CP 17-02,
TO BE FUNDED BY SB 1, THE ROAD REPAIR AND ACCOUNTABILITY
ACT OF 2017;"
2. Amend the Fiscal Year 2017-18 Budget to include an appropriation of
$263,599 of SB1-RMRA (Gas Tax) Funds for Fiscal Year 2017-18; and
3. Amend the Fiscal Year 2017-18 Budget to include a new capital improvement
project to be funded with SB1-RMRA (Gas Tax) Funds, identified as the 2017
Annual Slurry Seal Project, CP 17-02.
Motion by Councilmember Kors, seconded by Mayor Pro Tem Foat,
and carried (4-0-1, Councilmember Mills absent) carried on a roll call
vote.
PUBLIC COMMENT: (Non-Agenda Items)
Kat Smith complimented the City on being pet-loving.
Polly Cylbreth, President of the Dessert Swing Dance Club, discussed their use of the
Pavilion.
Steve Hansmeyer expressed concern regarding use of Palm Springs Pavilion being cut
to save money.
Trae Daniel discussed the wall of Tamarisk trees on the Tahquitz Creek Golf Course
between the Crossly Track and commented on racial discrimination.
Shelly Saunders thanked Mayor Pro Tern Foat for her service. She discussed concerns
regarding threats on budget cuts and encouraged efforts to increase revenue.
Dawn Plonski concurred with Ms. Saunders and discussed the benefits of recreation
opportunities in the City of Palm Springs.
Constance Claire Newman spoke of her participation in community center activities and
the need to retain community services.
Les Young, Parks and Recreation Chair, spoke on the resignations of Mark Acker and
David Darren, and encouraged interested residents to apply.
City Council MINUTES September 26,2017 Page 9
Vida Muldarry discussed her family's use of the parks and recreation facilities and
encouraged the Council to retain services.
Scott Ward discussed his use of the Palm Springs Swim Center and benefits of
swimming.
Phyllis Burgess spoke of the Mayor of San Francisco's effort to bring jobs to the City
through encouraging backyard and rooftop gardens. She suggested the land use fee
be reduced and backyard gardening be implemented.
Caroline Brockmeier commented on the personal hygiene of the homeless and
suggested installation of outhouses and portable shower buses.
Jonathon Cota stated support for City employees and continued recreation programs
and facilities.
Officer Joe Cook, Palm Springs Police Officers Association, presented a framed blue
line flag as a reminder of the fallen Palm Springs Police Department's fallen officers to
the Mayor and City Council.
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT:
Mayor Moon complimented staff for obtaining $6 million in CVAG state funds for bicycle
and pedestrian safety projects. Assistant City Manager Fuller stated the projects would
begin by December 1, 2018.
Mayor Pro Tern Foat discussed the need for the City Council to consider revising its
ordinances regarding animals.
Mayor Moon stated the Council had approved spending $384,000 for swim center
repairs on the Consent Calendar and a previous allocation to repair roofs on some of
the City's facilities. Assistant City Manager Fuller discussed the pool repair schedule.
City Manager Ready introduced Harriet Baron, Director of Fund Development.
ADJOURNMENT:
At 7:20 p.m., the City Council adjourned to the next regular meeting Tuesday, October
4, 2017, 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.
Respectfully submitted,
�U�
Kathleen D. Hart, MMC
Interim City Clerk
City Council MINUTES September 26,2017 Page 10
CERTIFICATION
STATE OFCALI FORN IA )
COUNTY OF RIVERSIDE ) SS.
CITY OF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, California, hereby certify
that the September 26, 2017, MINUTES were approved by the City Council of the City of Palm Springs at
a regular meeting held on December 6, 2017, by the following vote:
AYES: Councilmembers Kors, Mills, Roberts, Mayor Pro Tern Foat, and Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None
RECUSAL: None
Kathleen D. Hart, MMC
Interim City Clerk