HomeMy WebLinkAbout2017-10-04 CC MINUTESCITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
MINUTES
WEDNESDAY, OCTOBER 4, 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
4:05 p.m. All members of the City Council were present.
City Attorney Kotkin requested the City Council consider adding two items to the Closed
Session agenda. The information was received after the posting of the agenda.
1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR, G.C. 54956.8
Property Address/Description: 1901 E. Baristo Road, APN 502-200-001, -002
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: Andrew Starke, Palm Springs Power Baseball Club
Under Negotiation: Price and Terms of Payment (Lease)
2. EXPOSURE TO LITIGATION. G.C. 54956.9(d)(2)
One (1) Case
ACTION:
By a unanimous (5-0-0) vote of the City Council the following were approved:
1) Find information regarding the existing 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:
1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR, G.C. 54956.8
Property Address/Description: 1901 E. Baristo Road, APN 502-200-001, -002
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: Andrew Starke, Palm Springs Power Baseball Club
Under Negotiation: Price and Terms of Payment (Lease)
2. EXPOSURE TO LITIGATION, G.C. 54956.9(d)(2)
One (1) Case
PUBLIC COMMENT (Council Chamber):
No one came forth to address the Mayor and City Council.
City Council MINUTES October 4, 2017 Page 2
RECESS TO CLOSED SESSION (Small Conference Room):
At 4:07 p.m., the Mayor and City Council recessed to Closed Session in the Small
Conference Room. See Closed Session Agenda, Exhibit A.
6:00 P.M. REGULAR MEETING
CALL TO ORDER: Mayor Moon called the meeting to order at 6:09 p.m.
PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard led the
salute to the flag.
ROLL CALL:
PRESENT: Councilmember Kors, Councilmember Mills, Councilmember Roberts,
Mayor Pro Tern Foat, and Mayor Moon
ABSENT: None.
ALSO PRESENT: City Manager Ready, Assistant City Manager Fuller, City Attorney
Kotkin, and Interim City Clerk Hart
PRESENTATIONS: None
ACCEPTANCE OF THE AGENDA:
City Manager Ready requested Item 1 D be continued to October 18 and Item 5B be
withdrawn from the agenda.
Councilmember Mills indicated his abstention from Item 1 F.
Councilmember Kors requested Item 1 B be removed from the Consent Calendar.
Mayor Pro Tern Foat requested Item 1J be removed from the Consent Calendar.
ACTION: Approve the agenda as presented with the removal of Items 113 and 1 J
removed from the Consent Calendar for discussion, noting the recusal of
Councilmember Mills from Item 1 F, Item 1 D continued to October 18, 2017 and Item 513
withdrawn from the agenda.
Motion by Councilmember Kors, Councilmember Mills, and carried unanimously
on a roll call vote.
REPORT OF CLOSED SESSION:
City Attorney Kotkin announced that the Council added two items to the Closed Session
agenda — conference with real property negotiator for 1901 E. Baristo Road, and one
case of exposure to litigation. He stated the Council discussed the items and took no
reportable action.
City Council MINUTES October 4, 2017 Page 3
PUBLIC TESTIMONY: (Non -Public Hearing Agenda Items ONLY)
Darrell Baum, Wabi Sabi Japan Living, requested approval of Item 1 H.
Laura Rovick, Social Cycle, discussed Item 3A and requested approval of pedicabs.
Robert Findley suggested corrections to the ordinance in Item 3A.
Casey Cousineau, Environment California, addressed the Council regarding Item 5C
and indicated support for requiring mandatory solar installation.
Revone Bauwens addressed the Council regarding Item 5C and indicated support for
requiring mandatory solar installation.
Laura Ramsey addressed the Council regarding Item 5C and indicated support for
requiring mandatory solar installation.
Eva Mansell addressed the Council regarding Item 5C and indicated support for
requiring mandatory solar installation.
David Freedman, addressed the Council regarding Item 5C and indicated support for
requiring mandatory solar installation.
Pierre Musson addressed the Council regarding Item 5C and indicated support for
requiring mandatory solar installation.
Joy Silver addressed the Council regarding Item 5C and indicated support for requiring
mandatory solar installation.
Barbara Musson addressed the Council regarding Item 5C and indicated support for
requiring mandatory solar installation.
Kelly Musson addressed the Council regarding Item 5C and indicated support for
requiring mandatory solar installation.
Kate Castle addressed the Council regarding Item 5C and indicated support for
requiring mandatory solar installation.
Patricia Breslin, Greater Palm Springs Bar and Restaurant Association, indicated
opposition to Item 3A.
Louis Sapienza, Social Cycle Pedicab, urged approval of Item 3A.
Erica Harnik recommended the Council refrain from imposing mandates under Item 5C.
Greg Varra addressed the Council regarding Item 5C and indicated support for requiring
mandatory solar installation.
Dieter Crawford expressed concern about housing affordability with implementation
under Item 5C.
City Council MINUTES October 4, 2017 Page 4
Gretchen Gutierrez, CEO of Desert Valley Builders Association, expressed concerns
relating to mandating solar under Item 5C.
James Boldt addressed the Council regarding Item 5C and indicated support for
requiring mandatory solar installation.
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS:
Councilmember Kors, Public Safety Ad Hoc Subcommittee, requested Chief Reyes
discuss proposed changes to law enforcement. Police Chief Reyes discussed the
recent event in Las Vegas and the increasd public safety programs.
Mayor Moon stated he and Councilmember Roberts met regarding the Walk of Stars.
Councilmember Roberts asked if the matter would be ready. City Manager Ready
suggested the item be presented in November.
1. CONSENT CALENDAR:
ACTION: Approve Items 1 A, 1 C, 1 E, 1 F, 1 G, 1 H, 11, and 1 K.
Motion by Councilmember Roberts, seconded by Councilmember Kors,
(Councilmember Mills recused from Item IF and Item 1D continued) and carried
unanimously (5-0-0)on a roll call vote.
A. PURCHASE TWO (2) X-SERIES ADVANCED CARDIAC LIFE SUPPORT
MONITOR/DEFIBRILLATORS FROM ZOLL MEDICAL CORPORATION IN THE
AMOUNT OF $57,860.22:
ACTION:
1. Purchase two ZOLL X-Series ACLS Monitor/Defibrillators, accessory
equipment and a one year warranty utilizing Riverside County contract discount
pricing in the amount of $57,860.22 from ZOLL Medical Corporation; and
2. Authorize the City Manager to execute all necessary documents.
Approved as part of the Consent Calendar.
C. CHANGE ORDER NO. 1 TO AGREEMENT NO. A7024 WITH AL MILLER &
SONS ROOFING COMPANY, INC. IN THE AMOUNT OF $175,900 FOR THE
PALM SPRINGS ROOF REPAIR AND REPLACEMENT PROJECT, CP 16-05:
ACTION:
1. Approve Contract Change Order No. 1 in the amount of $175,900 to the
construction contract with Al Miller & Sons Roofing Company, Inc., to add the
Police Department scope of work as part of the Palm Springs Roof Repair and
Replacement Project, CP 16-05, A7024; and
2. Authorize the City Manager to execute all necessary documents.
Approved as part of the Consent Calendar.
D. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID THE MEASURE J COMMUNITY PROJECTS,
City Council MINUTES October 4, 2017 Page 5
SIDEWALK GAP CLOSURE IMPROVEMENTS, CP 15-31:
ACTION:
No action. Item withdrawn from the agenda, continued to October 18, 2017.
E. ACCEPTANCE OF THE PAVEMENT OVERLAY AND RECONSTRUCTION
PROJECT, CP 15-01:
ACTION:
Accept the public work of improvement identified as the Pavement
Reconstruction and Overlay Project, CP 15-01, as completed in accordance with
the plans and specifications, A6710.
Approved as part of the Consent Calendar.
F. RANGE SERVICES AGREEMENT WITH THE MOUNT SAN JACINTO WINTER
PARK AUTHORITY, PALM SPRINGS AERIAL TRAMWAY ARMED
SECURITY:
ACTION:
1. Approve a facilities use "range services" agreement with the Mount San
Jacinto Winter Park Authority providing for Palm Springs Aerial Tramway Armed
Security to train at the Palm Springs Police Department's Firing Range, with
projected revenue to the City in an amount of approximately $2,370.00, with a
term extending until September 30, 2020, A7036; and
2. Authorize the City Manager to execute all necessary documents.
Approved as part of the Consent Calendar.
G. APPOINTMENT TO THE BOARD OF APPEALS WITH NO TERM ENDING:
ACTION:
Appoint Gregg A. Mandinach to the Board of Appeals with no term ending.
Approved as part of the Consent Calendar.
H. REQUEST BY WABI SABI JAPAN LIVING, LLC, (D/B/A WABI SABI) FOR A
RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) FOR A
TYPE 20 — OFF SALE BEER AND WINE; AND TYPE 42 — ON -SALE BEER
AND WINE FOR PUBLIC PREMISES AT THE RETAIL STORE LOCATED AT
258 NORTH PALM CANYON DRIVE, ZONE CBD, CASE 6.1425 PCN:
ACTION:
Adopt Resolution No. 24311, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT PUBLIC
CONVENIENCE WOULD BE SERVED BY THE ISSUANCE OF ALCOHOLIC
BEVERAGE CONTROL LICENSE TYPES 20 AND 42 AT 258 NORTH PALM
CANYON DRIVE WITHIN CENSUS TRACT NO. 446.06."
Approved as part of the Consent Calendar.
I. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of May 17, 2017, and June 7, 2017.
Approved as part of the Consent Calendar.
K. APPROVAL OF A PURCHASE AND SALE AGREEMENT WITH GRAY 1 DEL
MAR, LLC FOR PARCELS OF UNIMPROVED REAL PROPERTY WITHIN THE
BOUNDARY OF TENTATIVE TRACT MAP 37309 GENERALLY LOCATED AT
City Council MINUTES October 4, 2017 Page 6
THE INTERSECTION OF ZANJERO ROAD AND ROCHELLE ROAD:
ACTION:
1. Approve a Purchase and Sale of Right of Way with Gray 1 Del Mar,
LLC including a provision for right of first refusal, A7035; and
2. Authorize the City Manager to solicit proposals and otherwise administer the
provisions of the Purchase and Sale Agreement and execute all appropriate
and related documents.
Approved as part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
B. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID THE S. PALM CANYON DRIVE AND LA PLAZA
SAFETY BOLLARD INSTALLATION, CP 15-29:
Councilmember Kors requested additional information.
ACTION:
Approve the plans, specifications and estimate, and authorize staff to advertise
and solicit bids for the S. Palm Canyon Drive and La Plaza Safety Bollard
Installation, CP 15-29.
Motion by Councilmember Mills, seconded by Councilmember Kors,
carried unanimously (5-0-0) on a roll call vote.
J. APPROVE REIMBURSEMENT AGREEMENTS WITH THE COACHELLA
VALLEY ASSOCIATION OF GOVERNMENTS (CVAG), FOR FUNDING
CONTRIBUTIONS TO VARIOUS PROJECTS RELATED TO THE 2017 CVAG
BICYCLE AND PEDESTRIAN SAFETY PROGRAM AND APPROVE
PURCHASE ORDERS TO ALBERT A. WEBB ASSOCIATES FOR DESIGN
SERVICES FOR CERTAIN PROJECTS:
Mayor Pro Tern Foat requested Assistant City Manager Fuller provide a report.
ACTION:
1. Approve a Reimbursement Agreement for funding contribution from
Coachella Valley Association of Governments' (CVAG) Bicycle and
Pedestrian Safety Program for 2017 in the amount of $1,989,000 for the Palm
Canyon Drive Pedestrian Enhancements in Downtown Project, CP 17-
07, A7031;
2. Approve a Reimbursement Agreement for funding contribution from
Coachella Valley Association of Governments' (CVAG) Bicycle and
Pedestrian Safety Program for 2017 in the amount of $2,000,000 for the
Indian Canyon Drive Pedestrian Enhancements in Downtown Project, CP 17-
08, A7032;
3. Approve a Reimbursement Agreement for funding contribution from
Coachella Valley Association of Governments' Bicycle and Pedestrian Safety
Program for 2017 in the amount of $1,255,500 for the East Palm
Canyon/South Palm Canyon Drive Pedestrian Enhancements Project, CP 17-
09, A7033;
City Council MINUTES October 4, 2017
Page 7
4. Approve a Reimbursement Agreement for funding contribution from
Coachella Valley Association of Governments' (CVAG) Bicycle and
Pedestrian Safety Program for 2017 in the amount of $516,000 for installation
of traffic signals at Vista Chino (Hwy 111) and
Via Miraleste, CP 17-03, and North Palm Canyon Drive (Hwy 111) and Via
Escuela,
CP 17-05, A7034;
5. Reserve the amount of $2,000,000 from the Measure J Fund in the 2018-19
Fiscal Year for the Measure J Community Projects (Traffic Hot Spots 2.0
Program) to be used for the required CVAG local match for the 2017 Bicycle
and Pedestrian Safety Program projects;
6. Authorize a Purchase Order to Albert A. Webb Associates pursuant to On -
Call Agreement No. A6443 in the amount of $259,620 for design services for
the Palm Canyon Drive Pedestrian Enhancements in Downtown, CP 17-07;
7. Authorize a Purchase Order to Albert A. Webb Associates pursuant to On -
Call Agreement No. A6443 in the amount of $199,960 for design services for
the Indian Canyon Drive Pedestrian Enhancements in Downtown, CP 17-08;
8. Authorize a Purchase Order to Albert A. Webb Associates pursuant to On -
Call Agreement No. A6443 in the amount of $140,800 for design services for
the East Palm Canyon/South Palm Canyon Pedestrian Improvements, CP 17-
09; and
9. Authorize the City Manager to execute all necessary documents.
Motion by Mayor Pro Tom Foat, seconded by Councilmember Mills, carried
unanimously (5-0-0) on a roll call vote.
2. PUBLIC HEARINGS:
A. APPLICATION BY WILLIAM F. STEWART FOR CLASS ONE HISTORIC
SITE DESIGNATION OF THE "CARL E. HAYMOND RESIDENCE,"
LOCATED AT 1416 NORTH CAMINO DEL CENTRO, CASE HSPB 107:
Director of Planning Services Fagg presented the staff report.
Mayor Moon opened the public hearing.
Erik Rosenow, Palm Springs Preservation Foundation, representing the
applicant, described the design of the residence and urged the Council to
designate the site as a Class 1 Historic Site.
No others came forth to address the City Council; therefore, Mayor Moon
closed the public hearing.
ACTION:
Adopt Resolution No. 24312, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE CARL E.
HAYMOND RESIDENCE LOCATED AT 1415 NORTH CAMINO DEL
CENTRO AS A CLASS 1 HISTORIC SITE, HSPB 107, ZONE R-1-A, APN
505-192-008."
Motion by Councilmember Roberts, seconded by Councilmember Kors,
carried unanimously (5-0-0) on a roll call vote.
City Council MINUTES October 4, 2017 Page 8
3. LEGISLATIVE:
A. PROPOSED ORDINANCE ADDING TO THE PALM SPRINGS MUNICIPAL
CODE REGARDING REGULATION OF PEDICABS ON CITY STREETS:
City Attorney Kotkin presented the background information as outlined in the
staff report.
Police Chief Reyes discussed concerns with safety of the community and the
need to improve the camera system Downtown, because there was not
enough staff to address issues.
Council discussion ensued.
ACTION:
1. Table to a date uncertain but not later than the end of November, 2017;
and
2. Appoint Councilmember Kors as the liaison for the regulation of pedicabs
on city streets.
Motion by Councilmember Roberts, seconded by Councilmember Kors,
and carried unanimously on a roll call vote.
4. UNFINISHED BUSINESS:
A. INDIAN CANYON DRIVE TWO-WAY CONVERSION, CP 13-13:
Assistant City Manager Fuller provided the background information as outline in
the staff report, and presented a power point presentation.
Council discussion ensued.
ACTION:
1. Approve the conceptual drawings for the Indian Canyon Drive Two -Way
Conversion, including curb pop -outs and pedestrian crossing enhancements
at all intersections, including the traffic "round -about" option at Camino
Parocela, and excluding raised medians; and
2. Authorize Albert A. Webb & Associates to proceed with final design of the
Indian Canyon Drive Two -Way Conversion, CP 13-13.
Motion by Mayor Pro Tern Foat, seconded by Councilmember Roberts, and
carried (4-1-0, Councilmember Mills dissenting) on a roll call vote.
B. GRANT AGREEMENT IN THE AMOUNT OF $484,100 FROM THE
COACHELLA VALLEY MOUNTAINS CONSERVANCY FOR THE
RESTORATION OF CITY OWNED PROPERTY ON DUNN ROAD AND
AUTHORIZE REQUEST FOR BID FOR SERVICES RELATED TO THE
RESTORATION WORK ASSOCIATED WITH THE PROPERTY, APN 635-060-
011, CP 17-04:
Councilmember Mills recused himself as the Council representative on Coachella Valley
Mountains Conservancy and left the Council Chambers at 8:28 p.m.
City Council MINUTES October 4, 2017 Page 9
Director of Public Works Garcia provided background information as outlined in
the staff report.
ACTION:
1. Approve a Grant Agreement in the amount of $484,100 with the State of
California (Coachella Valley Mountains Conservancy), Proposition 1 Grant
Agreement Grant No. 3850-P01-0008 (Phase 2) Implementation, A7037;
2. Approve the plans, specifications and estimate and authorize staff to
advertise and solicit bids for the Dunn Road Property Restoration Project
(APN No. 635-060-011), CP 17-04; and
3. Authorize the City Manager to execute all necessary documents.
Motion by Councilmember Kors, Councilmember Roberts, and carried
(4-0-1, Councilmember Mills recused) on a roll call vote.
At 8:30 p.m. Mayor Moon recessed the meeting.
At 8.40 p.m. Mayor Moon reconvened the meeting with all Councilmembers present.
C. IMPLEMENTATION UPDATE AND PLAN, CITY COUNCIL
SUBCOMMITTEE REPORT, ETHICS AND TRANSPARENCY:
Councilmember Kors provided the background information as outlined in the
staff report.
ACTION:
By consensus of the Council the report was received and filed the
report.
5. NEW BUSINESS:
A. AWARD A CONSTRUCTION CONTRACT TO HAL HAYS CONSTRUCTION
INC. IN THE AMOUNT OF $3,381,830 FOR THE POLICE DEPARTMENT
REMODEL PROJECT, CP 15-05:
Assistant City Manager Fuller provided the background information as
outlined in the staff report.
Council discussion ensued.
ACTION:
1. Waive any informality (non -responsiveness), and award a construction
contract to Hal Hays Construction Inc. for Bid Schedules Project 100
(Training Center), Project 200 (Lobby and Records Department), Project
300 (Detective Bureau), for a total amount of $3,381,830 for the Police
Department Remodel, CP 15-05, A7038;
2. In accordance with Section 7.09.010 "Cooperative Purchasing Programs"
of the Palm Springs Municipal Code, approve a Purchase Order with G/M
Business Interiors in the amount of $492,471.47 inclusive of all applicable
taxes and shipping pursuant to the Cooperative Purchasing Contract with
San Bernardino County, Contract No. 16-156;
City Council MINUTES October 4, 2017 Page 10
3. In accordance with Section 7.09.010 "Cooperative Purchasing Programs"
of the Palm Springs Municipal Code, approve a Purchase Order with Norix
Group, Inc., in the amount of $3,744.22 inclusive of all applicable taxes
and shipping, pursuant to the Cooperative Purchasing Contract with Los
Angeles County, Contract #MA-IS-1 540050-1;
4. Delegate authority to the City Manager to approve Contract Change
Orders in the total cumulative amount of 5% of the contract amount
($169,091.50);
5. Authorize a Purchase Order to Willdan Engineering, pursuant to On -Call
Agreement No. A6688, in the amount of $202,480 for construction
management and inspection services for the Police Department Remodel,
CP 15-05; and
6. Authorize the City Manager to execute all necessary documents.
7. Direction given to the City Manager to explore additional funding in the
amount of $837,090 for locker rooms, Project 400, and bring back to
Council for consideration.
Motion by Councilmember Roberts, seconded by Councilmember Kors,
and carried unanimously on a roll call vote.
C. DISCUSSION REGARDING PROPOSED CHANGES TO PALM SPRINGS
MUNICIPAL CODE CHAPTER 5.81 RELATING TO ART MURALS ON
PRIVATE PROPERTY:
ACTION:
No action taken. Withdrawn from agenda.
D. DISCUSSION REGARDING PROPOSED MANDATORY SOLAR
INSTALLATION REQUIREMENTS FOR RESIDENTIAL CONSTRUCTION:
Director of Planning Services Fagg presented the background information as
outlined in the staff report.
Council discussion ensued.
ACTION:
By consensus the Council directed staff to bring back an ordinance and Mayor
Moon appointed Councilmember Kors and Councilmember Roberts to a Solar
Installation Ordinance Ad Hoc Subcommittee, with a sunset date of
March 31, 2018.
PUBLIC COMMENT: (Non -Agenda Items)
Daryl Terrell offered a means to meet the City's fiscal challenges based on the
Government Finance Officers Association best practices.
Joseph Brinson discussed attempted negotiations between SEIU Local 721 and the
Riverside Board of Supervisors.
William Post addressed the Council regarding pedestrian deaths at Sunrise Way and
Ramon Road. He requested improvements be made to increase pedestrian safety.
City Council MINUTES October 4, 2017 Page 11
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT:
Mayor Pro Tern Foat requested future agenda items to appoint a liaison to the Tourism,
Hotel and Resort Association, and requested an ad hoc committee to review the State
of City Address.
ADJOURNMENT:
At 10:18 p.m., the City Council adjourned to the next regular meeting Tuesday,
October 18, 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,
Kathleen D. Hart, MMC
Interim City Clerk
CERTIFICATION
STATEOFCALIFORNIA )
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 October 4, 2017, 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