HomeMy WebLinkAbout2017-11-15 CC MINUTES CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
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MINUTES
WEDNESDAY, NOVEMBER 15, 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
4:03 p.m.
PUBLIC COMMENT (Council Chamber): No one came forth to address the Mayor
and City Council.
RECESS TO CLOSED SESSION (Small Conference Room): At 4:04 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 6:11 p.m.
PLEDGE OF ALLEGIANCE: Mayor Moon 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
ACCEPTANCE OF THE AGENDA:
Mayor Moon indicated an abstention from Warrant 1095300 under Item 1 B.
ACTION: Approve the agenda as presented.
Motion by Councilmember Roberts, seconded by Councilmember Kors, and
carried unanimously on a roll call vote.
City Council MINUTES November 15,2017 Page 2
PRESENTATIONS:
Mayor Moon presented a Certificate of Recognition to Captain Walter Combs in
recognition of his service and retirement.
Captain Combs thanked the Council, staff, Police Department and his family and
expressed his gratitude for the opportunity to serve.
REPORT OF CLOSED SESSION:
City Attorney Kotkin announced that the City of Palm Springs vs. Kenneth Irwin matter
had been settled. He stated two items of exposure to litigation, two real property
negotiator conferences, and labor negotiations were considered.
JOINT MEETING WITH PLANNING COMMISSION: PUBLIC HEARING
PRESENT: Planning Commissioners Donenfeld, Hirschbein, Hudson, Middleton, Vice
Chair Calerdine, Chair Weremiuk
ABSENT: Commissioner Lowe (excused)
A. CONSIDERATION OF A DEVELOPMENT AGREEMENT WITH DTPS 3-13, LLC,
RELATED TO THE DEVELOPMENT OF THE VIRGIN HOTEL ON BLOCK B-1
OF THE DOWNTOWN PALM SPRINGS SPECIFIC PLAN, CASE NO. 5.1204
SP AMEND, CASE NO. 3.3908 MAJ, AND CASE NO. 5.1427 DA:
Director of Planning Services Fagg and Assistant City Manager Fuller presented
the staff report.
Planning Commission and City Council discussion ensued.
Mayor Moon opened the public hearing.
Emily Hemphill, land use Counsel for Grit Development, explained the
development agreement and assurance to lenders and investors. She stated the
hotel would provide the ability to attract conventions. She explained the State
determination on the prevailing wage issue.
Michael Braun discussed the needs to remain relevant as a tourist destination
and benefit of a Virgin brand hotel.
David Sipple stated the proposed site was not appropriate for a six-story building.
He suggested reducing the TOT rebate to 25% if provided and reserve rights
under the 1090 Code.
Michael Johnston suggested the Council consider improvements to all facades,
use of consistent materials, and review by Architectural Advisory Committee and
Planning Commission.
City Council MINUTES November 15,2017 Page 3
Frank Tysen questioned whether another hotel was needed, the impact to
existing hotels, and the justification for the subsidy.
No others came forth to address the Planning Commission and City Council;
therefore, Mayor Moon closed the public hearing.
Planning Commission discussion ensued.
ACTION:
1. Adopt Planning Commission Resolution No. 6660, "A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF PALM SPRINGS,
CALIFORNIA, RECOMMENDING THE CITY COUNCIL APPROVE A
DEVELOPMENT AGREEMENT WITH DTPS 3-13, LLC FOR THE VIRGIN
HOTEL ON BLOCK B-1 OF THE DOWNTOWN PALM SPRINGS SPECIFIC
PLAN; CASE NO. 5.1204 SP AMEND, CASE NO. 3.3908 MAJ, AND CASE
NO. 5.1427 DA," amended as follows:
• Submit a construction staging plan to the City Engineer demonstrating that
Market Street will remain open for pedestrian access during construction
on Block B-1.
• Developer shall be required to replace the water feature originally required
on Block C/C-1 that was replaced with public art on the condition that a
new water feature would be provided on Block B-1. Submit architectural
renderings and plans for a water feature to be installed on Block B-1 for
review and approval by the Downtown Subcommittee
• The water feature shall be installed and functional prior to issuance of a
certificate of occupancy of the Virgin Hotel
• Submit a valet parking plan for review and approval by the City Engineer,
providing for an alternative pick-up/drop-off point for hotel valet service
when N. Palm Canyon Drive is closed for events
• Submit an interim plan for treatment and use of Block B-1 for review and
approval by the Downtown Subcommittee; the interim plan may include
temporary structures and uses
• The interim plan shall be submitted within 90 days of the effective date of
the agreement
and
2. Recommended to the City Council the following two conditions be added to
the draft Development Agreement:
• Section 8.02 "Operating Memoranda," include a fourth numeral for
excepted changes by Operating Memoranda, to read: "(iv) development
standards or height, except as otherwise permitted by the Palm Springs
Zoning Code."
• Exhibit D "Performance Schedule," revised the milestone activity for
July 31, 2019, to read: "Full and Complete Construction Drawings."
Motion by Chair Weremiuk, seconded by Commissioner Calerdine, carried
by a majority (6-0-1, Commissioner Lowe absent) roll call vote.
At 7:55 p.m. Chair Weremiuk adjourned the Planning Commission portion of the meeting.
At 7:55 p.m. Mayor Moon recessed the meeting.
At 8:04 p.m. Mayor Moon reconvened the meeting with all members of the Council present.
City Council MINUTES November 15,2017 Page 4
Council discussion ensued.
ACTION: Table the item to the next meeting.
Motion by Councilmember Roberts, seconded by Councilmember Kors.
The motion failed (2-3-0 Councilmember Mills, Mayor Pro Tern Foat and
Mayor Moon dissenting) on a roll call vote.
Council discussion continued.
ACTION: Waive the reading of the ordinance text in its entirety, read by title
only, and introduce for first reading Ordinance No. 1940, AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A DEVELOPMENT AGREEMENT WITH DTPS 3-13,
LLC, RELATED TO CONSTRUCTION OF THE VIRGIN HOTEL LOCATED ON
BLOCK B-1 OF THE DOWNTOWN PALM SPRINGS SPECIFIC PLAN AT THE
NORTHEAST CORNER OF BELARDO ROAD AND MUSEUM WAY (CASE NO.
5.1204 SP AMEND, CASE NO. 3.3908 MAJ, AND CASE NO. 5.1427 DA), and
the development agreement shall include the following:
• Submit a construction staging plan to the City Engineer demonstrating that
Market Street will remain open for pedestrian access during construction
on Block B-1.
• Developer shall be required to replace the water feature originally required
on Block C/C-1 that was replaced with public art on the condition that a
new water feature would be provided on Block B-1. Submit architectural
renderings and plans for a water feature to be installed on Block B-1 for
review and approval by the Downtown Subcommittee
• The water feature shall be installed and functional prior to issuance of a
certificate of occupancy of the Virgin Hotel
• Submit a valet parking plan for review and approval by the City Engineer,
providing for an alternative pick-up/drop-off point for hotel valet service
when N. Palm Canyon Drive is closed for events
• Submit an interim plan for treatment and use of Block B-1 for review and
approval by the Downtown Subcommittee; the interim plan may include
temporary structures and uses
• The interim plan shall be submitted within 90 days of the effective date of
the agreement
• Section 8.02 "Operating Memoranda," include a fourth numeral for
excepted changes by Operating Memoranda, to read: "(iv) development
standards or height, except as otherwise permitted by the Palm Springs
Zoning Code."
• Exhibit D "Performance Schedule," revised the milestone activity for
July 31, 2019, to read: "Full and Complete Construction Drawings."
Motion by Mayor Pro Tern Foat, seconded by Councilmember Mills, and
carried on a majority (3-2-0 Councilmember Kors and Councilmember
Roberts dissenting) roll call vote.
Interim City Clerk Hart read the title of the ordinance.
City Council MINUTES November 15,2017 Page 5
PUBLIC TESTIMONY:
Lauri Kibby, Dream Ownership and Development, explained the reason for requesting
the extension and TOT rebate.
Joy Brown Meredith discussed her experience of 30 years with a retail store in
Downtown and thanked the Council and residents.
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS:
Councilmember Roberts provided updates on the Landscape Subcommittee for the
Downtown Project, and DW Johnson and La Plaza Theater projects.
Councilmember Kors announced the Joint Learning Day with the Tribe on
November 18, Town Hall on November 29 and Gay Games for Team Palm Springs on
December 3.
Mayor Moon stated he and Councilmember Roberts were working on a contract for
Walk of Stars.
Mayor Pro Tern Foat discussed the recent CVAG Homelessness Committee meeting.
She urged residents to volunteer on January 23, 2018, 5:30 a.m. to 9:30 a.m., for the
Point in Time Count.
1. CONSENT CALENDAR:
ACTION: Approve Items 1 A, 1 B, 1 C, 1,D, 1 E, 1 F, 1 G, and 1 H.
Motion by Mayor Pro Tem Foat, seconded by Councilmember Kors, carried
unanimously (5-0-0, noting Mayor Moon's recusal on Warrant 1095300) on a roll
call vote.
A. TREASURER'S INVESTMENT REPORT AS OF
SEPTEMBER 30, 2017:
ACTION: Receive and File the Treasurer's Investment Report for
September 1 through September 30, 2017.
Approved as part of the Consent Calendar.
B. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION:
1) Adopt Resolution No. 24327, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE
PERIOD ENDED 10-07-2017 BY WARRANTS NUMBERED
420091 THROUGH 420104 TOTALING $23,724.36 LIABILITY
CHECKS NUMBERED 1095041 THROUGH 1095060
TOTALING $79,717.11, FIVE WIRE TRANSFERS FOR
$64,954.50, AND THREE ELECTRONIC ACH DEBITS OF
$1,353,292.33 IN THE AGGREGATE AMOUNT OF
$1,521,688.30, DRAWN ON BANK OF AMERICA;"
City Council MINUTES November 15,2017 Page 6
2) Adopt Resolution No. 25328, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY
WARRANTS NUMBERED 1095061 THROUGH 1095194 IN
THE AGGREGATE AMOUNT OF $3,592,360.54 DRAWN ON
BANK OF AMERICA;"
3) Adopt Resolution No. 24329, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY
WARRANTS NUMBERED 1095195 THROUGH 1095329 IN
THE AGGREGATE AMOUNT OF $654,160.49 DRAWN ON
BANK OF AMERICA;"
4) Adopt Resolution No. 24330, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE
PERIOD ENDED 10-21-2017 BY WARRANTS NUMBERED
420105 THROUGH 420122 TOTALING $26,405.99 LIABILITY
CHECKS NUMBERED 1095330 THROUGH 1095349
TOTALING $79,740.52, FIVE WIRE TRANSFERS FOR
$69,154.50, AND THREE ELECTRONIC ACH DEBITS OF
$1,437,831.22 IN THE AGGREGATE AMOUNT OF
$1,613,132.23, DRAWN ON BANK OF AMERICA;" and
5) Adopt Resolution No. 24331, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY
WARRANTS NUMBERED 1095350 THROUGH 1095435 IN
THE AGGREGATE AMOUNT OF $1,218,722.93 DRAWN ON
BANK OF AMERICA."
Approved as part of the Consent Calendar, and noting Mayor
Moon's recusal on Warrant 1095300
C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS
FOR THE MONTHS OF SEPTEMBER AND OCTOBER 2017:
ACTION: Receive and file the report of Staff Authorized Agreements
and Purchase Orders for the period of September and October 2017.
Approved as part of the Consent Calendar.
D. INITIATION OF ANN
EXATION NO. 18 TO COMMUNITY FACILITIES
DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES):
ACTION: Adopt Resolution No. 24332, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING ITS INTENTION TO ANNEX TERRITORY INTO A
COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE
LEVY OF SPECIAL TAXES FOR CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1, (PUBLIC SAFETY
SERVICES), ANNEXATION NO. 18, ENCLAVE AT BARISTO, TRACT
MAP NO. 37245."
Approved as part of the Consent Calendar.
City Council MINUTES November 15,2017 Page 7
E. MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT
FOR THE PROPERTY AT 1842 SOUTH ARABY ROAD, A CLASS 1
HISTORIC SITE, HSPB 103/HD-6:
ACTION:
1) Approve a Mills Act Historic Property Agreement with Matthew
James Winder and Park Imperial South Homeowners
Association, for 1842 S Araby Drive, a Class 1 Historic Site,
HSPB 103/HD-6, A7055;
2) Authorize the City Manager to execute the Agreement; and
3) Direct the City Clerk to record the Agreement.
Approved as part of the Consent Calendar.
F. AMENDMENT NO. 3 TO AGREEMENT NO. A6288 WITH NBS
GOVERNMENT FINANCE GROUP FOR ASSESSMENT DISTRICT,
LIGHTING & LANDSCAPE MAINTENANCE DISTRICT, COMMUNITY
FACILITIES DISTRICT, AND COUNTY SERVICE AREA AUDIT AND
ADMINISTRATION SERVICES:
ACTION:
1) Approve Amendment No. 3 to Agreement No. A6288 with NBS
Government Finance Group, extending the contract term for one-year
through June 30, 2018, leaving all other terms of the agreement
unchanged; and
2) Authorize the City Manager to execute all necessary documents.
Approved as part of the Consent Calendar.
G. PALM SPRINGS INNOVATION HUB AND ACCELERATOR CAMPUS
QUARTERLY REPORT:
ACTION: Receive and file the third quarterly report from the Coachella
Valley Economic Partnership for the Palm Springs Innovation Hub for
the period of July 1 to September 30, 2017.
Approved as part of the Consent Calendar.
H. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of July 19, 2017.
Approved as part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR: None
2. PUBLIC HEARINGS:
A. PROPOSED ORDINANCE AMENDING AND RESTATING THE
CITY'S SIGN ORDINANCE AND REPEALING THE CITY'S "SIT AND
LIE" ORDINANCE AND ADOPTION OF IDENTICAL INTERIM
URGENCY ORDINANCE (4/5ths Vote Required):
City Attorney Kotkin presented the staff report.
Mayor Moon opened the public hearing.
Jim Franklin, Palm Springs Board of Realtors, supports the ordinance.
City Council MINUTES November 15,2017 Page 8
No others came forth to address the City Council; therefore, Mayor
Moon closed the public hearing.
Council discussion ensued.
ACTION:
1) Waive the reading of the ordinance text in its entirety, read by
title only, and introduce for first reading Ordinance No. 1941, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING AND RESTATING THE CITY'S SIGN ORDINANCE,
SECTIONS 93.20.01 THROUGH 93.20.12, RELATED
SECTIONS 12.28.050, 14.16.010, AND 91.00.10, AND
REPEALING THE CITY'S "SIT AND LIE" ORDINANCE,
SECTION 12.12.055, PALM SPRINGS MUNICIPAL CODE"
amended as follows:
• Clarify the definition of frontage;
• Reinstate the language regarding attraction boards for public
and quasi-public uses;
• Reference the design standards for Portable Signs in Sections
93.20.05(C) and 93.20.06(D);
• Verify the reference to "cubic feet" in Section 93.20.06(A) and
(B);
Include signs that advertise commercial space for lease in the
general category of Temporary Signs;
• Provide examples of events, as that term is used relative to
Temporary Signs;
Allow for neighborhood blade signs as a permitted sign type;
• Under the Sign Maintenance section, identify that sign panels
may be opaque or painted;
• Under the Prohibited Signs section, identify that window signs
may be permitted in residential zones as allowed under the
Temporary Signs section;
• Eliminate the restriction against signage at the third story or
higher;
• Verify that the maximum sign area allowed in commercial
districts remains consistent with the existing sign regulations;
and
• Correct the language in 93.20.09(A) to remove the term "single-
family" from the requirements for Temporary Signs in residential
zones.
and
2) Waive the reading of the ordinance text in its entirety, read by
title only, and adopt Ordinance No. 1942, "AN INTERIM
URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING AND RESTATING THE CITY'S SIGN
ORDINANCE, SECTIONS 93.20.01 THROUGH 93.20.12,
RELATED SECTIONS 12.28.050, 14.16.010, AND 91.00.10,
AND REPEALING THE CITY'S "SIT AND LIE" ORDINANCE,
City Council MINUTES November 15,2017 Page 9
SECTION 12.12.055, PALM SPRINGS MUNICIPAL CODE
(4/5tbs VOTE REQUIRED)" amended as follows:
• Clarify the definition of frontage;
• Reinstate the language regarding attraction boards for public
and quasi-public uses;
• Reference the design standards for Portable Signs in Sections
93.20.05(C) and 93.20.06(D);
• Verify the reference to "cubic feet" in Section 93.20.06(A) and
(B);
• Include signs that advertise commercial space for lease in the
general category of Temporary Signs;
• Provide examples of events, as that term is used relative to
Temporary Signs;
• Allow for neighborhood blade signs as a permitted sign type;
• Under the Sign Maintenance section, identify that sign panels
may be opaque or painted;
• Under the Prohibited Signs section, identify that window signs
may be permitted in residential zones as allowed under the
Temporary Signs section;
• Eliminate the restriction against signage at the third story or
higher;
• Verify that the maximum sign area allowed in commercial
districts remains consistent with the existing sign regulations;
and
• Correct the language in 93.20.09(A) to remove the term "single-
family" from the requirements for Temporary Signs in residential
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zones.
Motion by Councilmember Kors, seconded by Councilmember Mills,
carried on a majority (4-1-0, Councilmember Mills dissenting) roll call
vote.
Interim City Clerk Hart read the title of both ordinances.
At 10:08 p.m. Mayor Moon recessed the meeting.
At 10:20 pm. Mayor Moon reconvened the meeting with all Councilmembers present.
B. PROPOSED ORDINANCE AMENDING THE PALM SPRINGS
ZONING CODE (PSZC) RELATIVE TO ZONING REQUIREMENTS
AND DEVELOPMENT STANDARDS FOR COMMERCIAL MEDICAL
AND ADULT-USE CANNABIS FACILITIES (CASE 5.1218-F ZTA):
Director of Planning Services Fagg presented the staff report.
Mayor Moon opened the public hearing.
James Camper, Organic Solutions of the Desert, expressed concern with
saturation and impact on existing businesses.
Susan Brantly discussed Lanny Swerlow's information and suggested
cannabis facilities be treated like every other business.
City Council MINUTES November 15,2017 Page 10
Rick Panetele indicated support for cannabis facilities.
Michael Fein discussed his project submittal and requested the Council
consider a 500-foot separation between dispensaries in industrial zones.
Paul Hendrickson stated location and aesthetics were important
considerations. He suggested consideration of impacts of off gassing.
Robert Van Roo, Palm Springs Safe Access Inc, requested priority
processing or the six original stakeholders remain until 2018, ability to
transfer or sell the license, and one adult use per 8,000 residents.
Chris Cranfill, California's Best Delivery, requested allowing broader
transfers of ownership and licenses and expressed concern about illegal
delivery.
Joy Meredith stated the Downtown Merchants were not well informed of
the recent modifications.
Lauri Kibby, Dream Hotel, commended the subcommittee on the proposed
changes. She encouraged competition and filtering. She asked why
visitors were allowed to arrive and leave lounges with their own products.
No others came forth to address the Council; therefore, Mayor Moon
closed the public hearing.
Council discussion ensued.
ACTION:
1. Waive the reading of the ordinance text in its entirety, read by title only,
and introduce for first reading Ordinance No. 1943, "AN ORDINANCE
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
CHAPTERS 91, 92 AND 93 OF THE PALM SPRINGS ZONING CODE
RELATIVE TO ZONING REQUIREMENTS FOR COMMERCIAL
MEDICAL AND ADULT-USE CANNABIS FACILITIES" amended as
follows:
• Modify separation distances within all industrial zones to be 500
feet
• Eliminate the cannabis use specific requirement for architectural
review, and allow cannabis uses to be subject to neither more nor
less architectural scrutiny than other uses
• Create a requirement for a conditional use permit for "stand-alone"
cannabis lounges, where cannabis on-site consumption is the only
commercial use taking place in a cannabis facility (similar to the
requirement for cocktail lounges), while preserving cannabis
City Council MINUTES November 15,2017 Page 11
lounges as a permitted use if combined with concurrent commercial
uses
• Remove the separation distance between cannabis lounges in the
downtown/uptown and residential zones
• Prohibit patrons of cannabis lounges from bringing their own
cannabis or cannabis products to a cannabis lounge, and eliminate
moot language prohibiting sale or distribution of cannabis or
cannabis products by cannabis lounge patrons
• Distinguish between cannabis and cannabis products that are
purchased and opened, as opposed to purchased and unopened at
a cannabis lounge — operators of lounges may only permit patrons
to leave the lounge with cannabis and cannabis products that are
sealed and unopened
• Modify verbiage related to reflect odors "at" the exterior of cannabis
lounge premises
and
Waive the reading of the interim urgency ordinance text in its entirety, read
by title only, and introduce for first reading Ordinance No. 1944, "AN
INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING CHAPTERS 91, 92 AND 93 OF THE PALM
SPRINGS ZONING CODE RELATIVE TO ZONING REQUIREMENTS
FOR COMMERCIAL MEDICAL AND ADULT-USE CANNABIS
FACILITIES (4/5ths VOTE REQUIRED)" amended as follows:
• Modify separation distances within all industrial zones to be 500
feet
• Eliminate the cannabis use specific requirement for architectural
review, and allow cannabis uses to be subject to neither more nor
less architectural scrutiny than other uses
• Create a requirement for a conditional use permit for "stand-alone"
cannabis lounges, where cannabis on-site consumption is the only
commercial use taking place in a cannabis facility (similar to the
requirement for cocktail lounges), while preserving cannabis
lounges as a permitted use if combined with concurrent commercial
uses
• Remove the separation distance between cannabis lounges in the
downtown/uptown and residential zones
• Prohibit patrons of cannabis lounges from bringing their own
cannabis or cannabis products to a cannabis lounge, and eliminate
moot language prohibiting sale or distribution of cannabis or
cannabis products by cannabis lounge patrons
• Distinguish between cannabis and cannabis products that are
purchased and opened, as opposed to purchased and unopened at
a cannabis lounge — operators of lounges may only permit patrons
to leave the lounge with cannabis and cannabis products that are
sealed and unopened
• Modify verbiage related to reflect odors "at" the exterior of cannabis
lounge premises
City Council MINUTES November 15,2017 Page 12
Motion by Mayor Pro Tom Foat, seconded by Councilmember Kors,
carried on a majority (4-1-0 on a Councilmember Mills dissenting) roll
call vote.
Interim City Clerk Hart read the title of both ordinances.
3. LEGISLATIVE: None
4. UNFINISHED BUSINESS: None
5. NEW BUSINESS:
A. AMENDED AND RESTATED HOTEL OPERATIONS COVENANT
WITH SELENE PALM SPRINGS, LLC FOR THE DREAM HOTEL
PROJECT LOCATED AT THE NORTHEAST CORNER OF CALLE
ALVARADO AND EAST AMADO ROAD:
Assistant City Manager Fuller provided the staff report.
Council discussion ensued.
ACTION:
1) Approve an Amended and Restated Hotel Operations Covenant with
Selene Palm Springs, LLC for the Dream Hotel located at the
northeast corner of Calle Alvarado and East Amado Road. A6642;
and
2) Authorize the City Manager to execute all necessary documents.
Motion by Councilmember Kors, seconded by Mayor Pro Tern Foat, carried
unanimously (5-0-0) on a roll call vote.
At 11:53 p.m. Mayor Moon recessed the meeting.
At 12:01 a.m. Mayor Moon reconvened the meeting with all Councilmembers present.
B. DESIGN DEVELOPMENT PLANS FOR THE PALM SPRINGS
AIRPORT TERMINAL TICKETING WING RENOVATION:
Assistant City Manager Fuller presented the staff report.
Council discussion ensued.
ACTION: Review and approve the Design Development plans for the
Airport Terminal Ticketing Wing Renovation Project, with use of
monochromatic colors, and authorize staff to proceed with preparation
of construction documents for bidding.
Motion by Councilmember Roberts, seconded by Councilmember
Kors, carried unanimously (5-0-0) on a roll call vote.
City Council MINUTES November 15,2017 Page 13
C. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E)
AND AUTHORIZATION TO BID FOR THE FIRE STATION NO. 4
REHABILITATION PROJECT, CP 15-25:
Assistant City Manager Fuller presented the staff report.
Council discussion ensued.
ACTION:
1) Approve the plans, specifications and estimate, and authorize
staff to advertise and solicit bids for the Fire Station No. 4
Rehabilitation Project, CP 15-25; and
2) Approve Amendment No. 4 to Agreement No. A6757 with
Interactive Design Corporation in the amount of $35,169, for a
total amount of $456,469, for the Fire Station No. 4
Rehabilitation Project, CP 15-25.
Motion by Councilmember Kors, seconded by Councilmember
Roberts, carried unanimously (5-0-0) on a roll call vote.
D. APPROVE A LIMITED TERM OF THE THIRD OF FOUR (4) ONE-
YEAR EXTENSION OPTIONS TO THE TROLLEY SERVICES
OPERATOR AGREEMENT WITH MV TRANSPORTATION INC.
RENEWING THE PROGRAM FOR THREE (3) MONTHS EFFECTIVE
DECEMBER 19, 2017, THROUGH MARCH 18, 2018:
City Manager Ready presented the staff report.
Council discussion ensued.
ACTION:
1) Approve a three-month portion of the third of four (4) one-year
extension options to the Trolley Services Operator Agreement
with MV Transportation, Inc,. in an amount not to exceed
$222,075, for the first three (3) months of the fourth year of
service. A6564; and
2) Authorize the City Manager or his designee to execute all
necessary documents.
Motion by Councilmember Roberts, seconded by Councilmember
Kors, carried unanimously (5-0-0) on a roll call vote.
PUBLIC COMMENT: None
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT:
The Council discussed the format of the December 6, 2017 meeting and determined to
make it ceremonial.
City Council MINUTES November 15,2017 Page 14
Mayor Pro Tem Foat, Mayor Moon, and Councilmember Mills agreed to conduct a
special meeting on November 29, 2017 to consider the second reading of the Virgin
Hotel, cannabis, and sign ordinances. Councilmember Kors and Councilmember
Roberts disagreed.
ACTION:
To conduct a special meeting on November 29, 2017, 8:00 p.m. at the
Convention Center to consider second readings of the Virgin Hotel, cannabis
and sign ordinance.
Motion by Councilmember Mills, seconded by Mayor Pro Tem Foat, carried
by a majority (3-2-0, Councilmember Kors and Councilmember Roberts
dissenting) roll call vote.
City Manager Ready reviewed proposed items for the special meeting on
December 13, 2017.
Councilmember Kors requested consideration of adding six new police personnel for
Downtown and six new fire fighter/paramedics. He requested the ad hoc subcommittee
discuss.
Mayor Moon suggested a study session to review the budget in January.
ADJOURNMENT:
At 12:29 a.m., the City Council adjourned to an adjourned regular meeting Wednesday,
November 29, 2017, at 8:00 p.m. at the Palm Springs Convention Center, 277 Avenida
Caballeros, Palm Springs.
Respectfully submitted,
Kathleen D. Hart, MMC
Interim City Clerk
CERTIFICATION
STATEOFCALIFORNIA )
COUNTY OF RIVERSIDE ) 55.
CITY OF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, California, hereby certify that the
November 15, 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 Tem Foat,and Mayor Moon
NOES: None
ABSENT: None r�
ABSTAIN: None
RECUSAL: None Kathleen D. Hart, MMC
Interim City Clerk