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Home My WebLink About12/6/2017 - STAFF REPORTS - SP ITEM A CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA ,►i.Ht ;�f P+'1 w P V O C'C/I�Ot��P. MINUTES THURSDAY, JULY 6, 2017 Palm Springs Convention Center Primrose C and Primrose B 277 N. Avenida Caballeros, Palm Springs CA 92262 6:15 p.m. Special Meeting Measure J Commission Interviews CALL TO ORDER (Primrose C): Mayor Moon called the meeting to order at 6:31 p.m. ROLL CALL: PRESENT: Councilmember Kors, Councilmember Mills, Councilmember Roberts, Mayor Pro Tern Foat, and Mayor Moon ABSENT: None ALSO PRESENT: Interim City Clerk Hart PUBLIC COMMENTS: None. 1. INTERVIEW AND APPOINT APPLICANTS TO THE MEASURE J COMMISSION AS PART OF THE 2017 ANNUAL RECRUITMENT: The City Council interviewed an applicant. The City Council appointed Jim Gazan to the Measure J Commission for the term expiring June 30, 2020. ADJOURNMENT: At 6:43 p.m. the City Council adjourned to the next regular meeting Wednesday, July 19, 2017, at 6:00 p.m. preceded by Closed Session at the Palm Springs Convention Center, Primrose B, 277 N. Avenida Caballeros, Palm Springs. Respectfully submitted, Kathleen D. Hart, MMC Interim City Clerk NOTE: This meeting took place in conjunction with the July 6, 2017, Adjourned Regular Meeting. '6QtG a1 ITEM NO.�._ City Council MINUTES July 6,2017 Page 2 Special Meeting, Measure J Interviews CERTIFICATION STATE OFCALI FORNIA ) 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 July 6, 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: NOES: ABSENT: ABSTAIN: RECUSAL: Kathleen D. Hart, MMC Interim City Clerk CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA aA�Ms. i0` p'6 � 0 C'Of 1I0Y��P• MINUTES THURSDAY, JULY 20, 2017 Palm Springs Convention Center Primrose B 277 N. Avenida Caballeros, Palm Springs CA 92262 DOWNTOWN PARK JOINT MEETING WITH THE PLANNING COMMISSION ADJOURNED REGULAR MEETING CALL TO ORDER: Mayor Moon called the meeting to order at 6:12 p.m. PLEDGE OF ALLEGIANCE: Mayor Moon led the Pledge of Allegiance. 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: ACTION: Approve the agenda as presented. Approved unanimously (5-0-0) on a roll call vote. PRESENTATION FROM MARK RIOS, RIOS CLEMENTI HALE STUDIOS, ON THE DOWNTOWN PARK: 1. Presentation on the Downtown Park and City Council questions. Nate Comier, Rios Clementi Hale Studios, presented the revised park design including design, proposed designs, and feedback. Council discussion ensued. 2. Public Comments: Adam Teixeira, Palm Springs, indicated support for the proposed design. Robert Stone, Palm Springs, commended Mark Rios on the design. He discussed Yorba Buena Park in San Francisco. „ ,. 03 City Council MINUTES July 20,2017 Page 2 Frank Tysen, Palm Springs, indicated support for the proposed plan and suggested the other side of Museum Way should also be a park. Elizabeth Armstrong, Executive Director of the Palm Springs Art Museum, spoke in support of the plan. Todd Hayes, Palm Springs, stated he was happy with the design. He urged inclusion of the gates of the Desert Inn and naming of the park as Kaufman Park. Brooke Hodge, Palm Springs Art Museum, thanked the designer, Council, and staff for public participation. Judy Deertrack, Palm Springs, spoke positively of the Downtown Park and expressed concern regarding financing and annual operations and maintenance. Dino Zonic, Palm Springs, commented on the need for music and a larger stage. Michael Hirschbein, Palm Springs, spoke in support of the project and expressed caution relating to project approval surrounding the park. Phillip Smith III, Palm Desert, indicated support for the designer but expressed concern with the Marilyn Monroe sculpture. He urged the public art element to be at the same level of the design itself. Les Young, Palm Springs, Parks and Recreation Commissioner, stated support of the design. Sid Craig, Palm Springs, Parks and Recreation Chair, stated he was proud of the design and community involvement. No other speakers came forth to address the City Council; therefore, Mayor Moon closed the public comments. 3. City Council Discussion. Council discussion ensued and included the following: • Parking garage configuration • Consideration of the size of the stage • Need for an elevator • Distance between the amphitheater and existing parking garage • Perimeter connections • Public furniture • Public art including the Art Museum City Council MINUTES July 20,2017 Page 3 • Need to honor the City's past By conscensus, the City Council directed the Mr. Cornier, Rios Clementi Hale Studios, to incorporated the above mentioned modifications. At 7.24 p.m., Mayor Moon called for a recess. At 7.45 p.m., Mayor Moon reconvened the meeting with the Planning Commission, and all members of the City Council were present. JOINT MEETING WITH THE PLANNING COMMISSION ROLL CALL (Planning Commission): The following members of the Planning Commission were present: Commissioners Donenfeld, Hirschbein, Lowe, Middleton, Vice Chair Calerdine, and Chair Weremiuk. Commissioner Hudson was absent. REVIEW OF THE ACTIONS OF THE AD HOC PLANNED DEVELOPMENT DISTRICT (PDD) SUBCOMMITTEE REGARDING MODIFICATIONS TO THE PDD PROCESS: 1. Staff Report. Director of Planning Services Fagg presented the staff report. 2. Public Comments: Robert Stone, Palm Springs, suggested implementing the Planning Commission's actions, consider Ms. Deertrack's longitudinal study, and work to stop lawsuits over the projects. Frank Tysen, Palm Springs, stated opposition to PDDs, suggested adherence to the General Plan and Zoning Code, expressed his concern with pending PDD projects. Judy Deertrack, Palm Springs, commended the subcommittee and People for Proper Planning, and suggested consideration of using PDDs as an exception versus rule. Marvin Roos, Palm Springs, discussed his experience in processing PDDs. 3. Discuss the recommendations of the Ad Hoc PDD Committee The City Council and Planning Commission discussion ensued including the following: • Reforming the Code • Paying more attention to the General Plan and modify the plan to obtain a better mix of projects • The community development process and issue with public benefits » � 05 City Council MINUTES July 20,2017 Page 4 • A standardized approach to provide a percentage of affordable housing or fee charge against the value of the construction permit that would be used to support non-profit organizations building affordable housing in Palm Springs • Density versus open space • PDDs involving small lots and the need for standards so as not to require a PDD • A General Plan update and coordination of Zoning Code with the General Plan • PDD is a good tool but it should not be overused • Recommended staff determine items that could be instituted immediately with a second list of standards and actions on how to complete the standards • The necessity to gain affordable housing when losing density • The ideology of public benefit • The Zoning Ordinance and General Plan needed to be consistent with each other and meet modern needs • Suggested Director of Planning Services Fagg list the "low hanging fruit' then figure out a work program • Suggested determining high value, low effort item and low value, high effort items By conscensus, the City Council directed Director of Planning Services Fagg to work with the City Council Planned Development District Ad Hoc Subcommittee prior returning this item to the City Council. The Planning Commission adjourned at 9:15 p.m. COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: None ADJOURNMENT: At 9:16 p.m. the City Council adjourned to the adjourned regular meeting Wednesday, July 26, 2017, at 6:00 p.m., preceded by Closed Session at the Palm Springs Convention Center, Primrose B, 277 N. Avenida Caballeros, Palm Springs. Respectfully submitted, ,C"0u."� Kathleen D. Hart, MMC Interim City Clerk 06 City Council MINUTES July 20,2017 Page 5 CERTIFICATION STATE OFCALIFORN 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 July 20, 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: NOES: ABSENT: ABSTAIN: RECUSAL: Kathleen D. Hart, MMC Interim City Clerk N tJ d CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA ;O P�lM6eP V Q �'�Yw { C " �P ,4PoaH MINUTES WEDNESDAY, JULY 26, 2017 Palm Springs Convention Center, Primrose B 277 N. Avenida Caballeros, Palm Springs, CA 92262 ADJOURNED REGULAR AND SPECIAL MEETINGS 4:00 P.M. CLOSED SESSION CALL TO ORDER (Primrose B): Mayor Moon called the meeting to order at 4:00 p.m. All members of the City Council were present. City Attorney Kotkin stated there were two items that came to the City via email after the posting of the agenda, and requested adding 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 unanimous vote (5-0-0) of the City Council 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 PUBLIC COMMENT (Primrose B): No one came forth to address the Mayor and City Council. RECESS TO CLOSED SESSION (Mesquite D): " " ij3 City Council MINUTES July 26,2017 Page 2 At 4:05 p.m., the Mayor and City Council recessed to Closed Session in Mesquite D. 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: 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 PRESENTATIONS: City Manager Ready provided a presentation on pedestrian safety. ACCEPTANCE OF THE AGENDA: City Clerk Hart clarified the amendments to Items 3B and 3C and the addition of Items 3D and 4A. City Manager Ready requested the removal of Item 5B. Councilmember Mills requested removing Items 1 F and 11 from the Consent Calendar. Mayor Pro Tern Foat stated recusal on Item 1 E, due to real estate interest. ACTION: Approve the agenda as presented with the removal of Items 1 F and 11 from the Consent Calendar and withdrawing Item 5B. Motion by Councilmember Roberts, seconded by Councilmember Kors, and unanimously (5-0-0) carried on a roll call vote. REPORT OF CLOSED SESSION: City Attorney Kotkin reported that the Council discussed Closed Session items, except the initiation and exposure to litigation, with no reportable actions taken. PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) Aftab Dada, Palm Springs, Hilton Palm Springs General Manager, spoke in support of Item 5A. Stacy Louis, owner of Stacy's Bar in Phoenix, Arizona, requested approval of Item 1 B. City Council MINUTES July 26,2017 Page 3 Andrew Hirsch, Palm Springs, urged the Council to not pass the leaf blower ordinance and return Item 1 F to staff for environmental review. Sara Frith, Palm Springs, stated opposition to Item 11, 750 Lofts project. Robert Van Roo, Palm Springs, stated support for Item 3A. Tom Adamo, Palm Springs, stated support for H&Ms request under Item 5A. Lisa Middleton, Palm Springs, stated support of Items 3A through 3D. Jim Cross, Cathedral City resident, Palm Springs business owner, suggested removing the condition requiring reverse channel letters under Item 5A. Robert Stone, Palm Springs, stated opposition to Items 5B and 5C. Tim Erkins, Palm Springs, stated opposition to Items 5B and 5C. Robert Brugeman, Palm Springs, urged the Council to overturn the signage plan in Item 5A and advocated for renewal of Items 5B and 5C. Judy Deertrack addressed the Council regarding Items 11 and 5C. Frank Tysen stated opposition to hotel subsidies and encouraging consistent signage. Marina Rossi, San Diego/Palm Springs, expressed concern regarding oversaturation of hotel rooms. Felipe Castaneda, Palm Springs, suggested historic preservation review of the 750 Lofts project. Joy Brown Meredith, Palm Springs, expressed appreciation for the stakeholder meeting and spoke in support of Items 3A and 3B. She commented on the sales tax increase under Item 3C. Jeff Kelsheimer, President Palm Springs Fire Fighters Association, indicated support for Item 3C. Jake Jesson indicated he was available to respond to questions regarding Item 5C. CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS: Councilmember Roberts provided reports on the Downtown Palm Springs Park and Downtown Construction Ad Hoc Subcommittee and Indian Canyon Improvements, Two- Way Plan, Ad Hoc Subcommittee meetings. Mayor Pro Tern Foat commented the plan to transform Indian Canyon into a two-way street. 1 City Council MINUTES July 26,2017 Page 4 Councilmember Roberts commented on the following: • Support of the Virgin Hotel • Provided background information relating to the hotel incentive program Councilmember Kors spoke on the following: • Provided additional information relating to the hotel incentive program • Suggested an additional economic study on the Virgin Hotel prior to consideration by the City Council • Announced the First Annual Native American Learning Day to be held on November 18, 2017 • Provided an update on the City Council's recent action designating 401 West Merito Place a historic site and the recent sale of the home Mayor Pro Tem Foat spoke of the misinformation stated under public comment, and announced her decision to not seek another term on the Council. Councilmember Mills indicated support for the Virgin Hotel, the hotel incentive program, and stated he would not be seeking re-election. Mayor Moon discussed the City's efforts for fiscal responsibility, and expressed his appreciation to Mayor Pro Tem Foat and Councilmember Mills. 1. CONSENT CALENDAR: ACTION: Approve Items 1 A, 1 B, 1 C, 1 D, 1 E, 1 G, and 1 H. Motion by Councilmember Roberts, seconded by Mayor Pro Tem Foat, and unanimously (5-0-0) carried on a roll call vote, with Mayor Pro Tem Foat recusal from Item 1 E. 1.A. TREASURER'S INVESTMENT REPORT AS OF MAY 31, 2017: ACTION: Receive and File the Treasurer's Investment Report as of May 31, 2017. Approved as part of the Consent Calendar. 1.13. REQUEST BY STACY'S @ PALM SPRINGS FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN)TO SELL BEER, WINE AND DISTILLED SPIRITS FOR ON-SITE CONSUMPTION (TYPE 48 — ON SALE GENERAL — PUBLIC PREMISES) AT A BAR/COCKTAIL LOUNGE LOCATED AT 220 EAST ARENAS ROAD, ZONE RA, (CASE 5,1415 PCN): ACTION: Adopt Resolution No. 24281, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT PUBLIC CONVENIENCE WOULD BE SERVED BY THE SALE OF BEER, WINE, AND DISTILLED SPIRITS FOR ON- SITE CONSUMPTION WITH TYPE 48 ABC LICENSE AT STACY'S @ PALM SPRINGS BAR/COCKTAIL LOUNGE LOCATED AT 220 EAST ARENAS ROAD WITHIN CENSUS TRACT 9414.00." Approved as part of the Consent Calendar. City Council MINUTES July 26,2017 Page 5 I.C. REJECT THE BID RECEIVED AND AUTHORIZE RE-BIDDING FOR THE PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR PROJECT, CP 16-06: ACTION: 1) Reject the bid received on July 13, 2017, from California Commercial Pools, Inc., for the Palm Springs Swim Center Replaster and Pool Repair Project, CP 16-06. 2) Authorize re-bidding for the Palm Springs Swim Center Replaster and Pool Repair Project, CP 16-06. Approved as part of the Consent Calendar. I.D. SECOND READING AND ADOPTION OF ORDINANCE NO. 1930, AMENDING THE PALM SPRINGS ZONING CODE (PSZC) RELATING TO WALL HEIGHT FOR RESIDENTIAL SWIMMING POOL SAFETY ENCLOSURES: ACTION: Waive the second reading of the ordinance text in its entirety, read by title only, and adopt Ordinance No. 1930, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN AMENDMENT TO SECTION 93.02.00(B) OF THE PALM SPRINGS ZONING CODE (PSZC) RELATING TO WALL HEIGHT FOR RESIDENTIAL SWIMMING POOL SAFETY ENCLOSURES." Approved as part of the Consent Calendar. I.E. SECOND READING AND ADOPTION OF ORDINANCE NO. 1931, APPROVING A DEVELOPMENT AGREEMENT WITH PS COUNTRY CLUB LLC, RELATED TO CONVERSION OF THE PALM SPRINGS COUNTRY CLUB GOLF COURSE INTO A RESIDENTIAL SUBDIVISION OF UP TO 386 RESIDENTIAL UNITS IDENTIFIED AS THE SERENA PARK PROJECT, LOCATED NORTH OF VERONA ROAD, EAST OF SUNRISE WAY, AND SOUTHWEST OF THE WHITEWATER RIVER WASH (CASE NOS. 5.1327, PDD-366, ZC, GPA, DA, MAJ AND TTM 36691): ACTION: Waive the second reading of the ordinance text in its entirety, read by title only, and adopt Ordinance No. 1931, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH PS COUNTRY CLUB LLC, RELATED TO CONVERSION OF THE PALM SPRINGS COUNTRY CLUB GOLF COURSE INTO A RESIDENTIAL SUBDIVISION OF UP TO 386 RESIDENTIAL UNITS IDENTIFIED AS THE SERENA PARK PROJECT, LOCATED NORTH OF VERONA ROAD, EAST OF SUNRISE WAY AND SOUTHWEST OF THE WHITEWATER RIVER WASH (CASE NOS. 5.1327, PDD-366, ZC, GPA, DA, MAJ AND TTM 36691)." Approved as part of the Consent Calendar, noting the recusal of Mayor Pro Tern Foat due to a conflict of interest. 1.G. SECOND READING AND ADOPTION OF ORDINANCE NO. 1933 AMENDING THE PALM SPRINGS MUNICIPAL CODE REGARDING MEDICAL CANNABIS RELATED BUSINESSES AND ACTIVITIES AND ADDING ADULT-USE CANNABIS RELATED BUSINESSES AND ACTIVITIES: i G City Council MINUTES July 26,2017 Page 6 ACTION: Waive the second reading of the ordinance text in its entirety, read by title only, and adopt Ordinance No. 1933, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.45 OF THE PALM SPRINGS MUNICIPAL CODE REGARDING MEDICAL CANNABIS RELATED BUSINESSES AND ACTIVITIES AND ADDING CHAPTER 5.55 OF THE PALM SPRINGS MUNICIPAL CODE REGARDING ADULT-USE CANNABIS RELATED BUSINESSES AND ACTIVITIES." Approved as part of the Consent Calendar. 1.H. APPROVAL OF A PURCHASE AND SALE AGREEMENT WITH 7 IN OLIVERA, LLC, FOR A STRIP OF UNIMPROVED REAL PROPERTY ALONG THE WESTERN BOUNDARY OF TENTATIVE TRACT MAP 37041 GENERALLY LOCATED AT THE NORTH EAST CORNER OF VIA OLIVERA AND THE ZANERO ROAD ALIGNMENT: ACTION: 1) Approve a Purchase and Sale Agreement for the sale of a strip of unimproved real property along the western boundary of proposed Tentative Condominium Tract Map 37041, including right of first refusal. 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. A7007. Approved as part of the Consent Calendar, noting the abstention of Mayor Pro Tern Foat due to a conflict of interest. EXCLUDED CONSENT CALENDAR: 1.F. SECOND READING AND ADOPTION OF ORDINANCE NO. 1932 ADDING AND AMENDING THE PALM SPRINGS MUNICIPAL CODE REGARDING LOUD, UNUSUAL NOISES AND LANDSCAPE RELATED BUSINESSES, PROHIBITING GASOLINE POWERED LEAF BLOWERS AND ALTERNATIVELY ALSO PROHIBITING ELECTRICAL OR BATTERY POWERED LEAF BLOWERS IN THE CITY AS A PER SE NUISANCE COMMENCING ON JANUARY 1, 2019: Council discussion ensued. ACTION: Waive the second reading of the ordinance text in its entirety, read by title only, and adopt Ordinance No. 1932, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SUBSECTION (k) TO SECTION 11.74.043 AND SECTION 5.78.050, AND AMENDING SECTION 5.78.010 OF THE PALM SPRINGS MUNICIPAL CODE, REGARDING LOUD, UNUSUAL NOISES AND LANDSCAPE RELATED BUSINESSES, PROHIBITING GASOLINE POWERED LEAF BLOWERS IN THE CITY AS A PER SE NUISANCE COMMENCING ON JANUARY 1, 2019, AND PROVIDING FOR REGULATION OF ELECTRICAL OR BATTERY POWERED LEAF BLOWERS." Motion by Mayor Pro Tom Foat, seconded by Councilmember Kors, and carried (3-2-0, Councilmember Mills and Mayor Moon dissenting). City Council MINUTES July 26,2017 Page 7 1.1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACKNOWLEDGING COMPLIANCE WITH WRIT OF MANDATE RE PLANNED DEVELOPMENT DISTRICT (PDD) 374, THE "750 LOFTS" PROJECT LOCATED AT 750 N. PALM CANYON DRIVE, AND ORDERING RECONSIDERATION BY THE ARCHITECTURAL ADVISORY COMMITTEE AND THE PLANNING COMMISSION, CASE 5.1350 PDD 374/GPA/CUP/3.3795 MAJ TO ADDRESS THREE (3) PROJECT ISSUES INCLUDING PARKING, BUILDING HEIGHT, AND SETBACK: Council discussion ensued. ACTION: Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACKNOWLEDGING COMPLIANCE WITH WRIT OF MANDATE RE PLANNED DEVELOPMENT DISTRICT (PDD) 374, THE 750 LOFTS" PROJECT LOCATED AT 750 N. PALM CANYON DRIVE, AND ORDERING RECONSIDERATION BY THE ARCHITECTURAL ADVISORY COMMITTEE, THE PLANNING COMMISSION, AND HSPB OF CASE 5.1350 PDD 374/GPA/CUP/3.3795 MAJ TO ADDRESS THREE (3) PROJECT ISSUES INCLUDING PARKING, BUILDING HEIGHT, AND SETBACK" with an amendment for reconsideration including HSPB. Motion by Councilmember Kors, seconded by Mayor Moon, and motion failed (2-2-1, Councilmember Mills and Councilmember Roberts dissenting and Mayor Pro Tern Foat abstaining) on a roll call vote. ACTION: Adopt Resolution No. 24282, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACKNOWLEDGING COMPLIANCE WITH WRIT OF MANDATE RE PLANNED DEVELOPMENT DISTRICT (PDD) 374, THE 750 LOFTS" PROJECT LOCATED AT 750 N. PALM CANYON DRIVE, AND ORDERING RECONSIDERATION BY THE ARCHITECTURAL ADVISORY COMMITTEE AND THE PLANNING COMMISSION OF CASE 5.1350 PDD 374/GPA/CUP/3.3795 MAJ TO ADDRESS THREE (3) PROJECT ISSUES INCLUDING PARKING, BUILDING HEIGHT, AND SETBACK." Motion by Mayor Moon, seconded by Councilmember Roberts, and carried (4-1-0, Councilmember Mills dissenting) on a roll call vote. 2. PUBLIC HEARINGS: 2.A. A REQUEST FOR COUNCILMEMBER REVIEW PURSUANT TO PALM SPRINGS ZONING CODE SECTION 94.10.00 OF AN ACTION BY THE PLANNING COMMISSION TO APPROVE A REQUEST BY WOODBRIDGE PACIFIC GROUP, ON BEHALF OF RREF DC CAMERON, FOR AN AMENDMENT TO ALLOW MINOR CHANGES TO DESIGN, COLOR, MATERIALS, REDUCTION OF MASSING AND HEIGHTS IN CERTAIN UNITS OF THE PREVIOUSLY APPROVED _ -r - City Council MINUTES July 26,2017 Page 8 FINAL PDD PLANS FOR THE CAMERON PROJECT LOCATED AT 850-990 SOUTH PALM CANYON DRIVE (CASE 5.1056-PDD 314): Assistant City Manager Fuller presented the staff report. Mayor Moon opened the public hearing. Todd Cunningham, applicant, spoke on the following: • Overview of the project approval, ownership, and development management • The focus groups and desire to modify the design, color, massing and heights • Gates would prevent commercial traffic in the residential areas Judy Deertrack stated the project was reserved for mixed-use district and was converted to town homes. Frank Tysen expressed concern with the 11-year old PDD and overbuilding of residential. No others came forth to address the City Council; therefore, Mayor Moon closed the public hearing. ACTION: Adopt Resolution No. 24283, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING MINOR AMENDMENTS TO THE FINAL DEVELOPMENT PLANS OF PLANNED DEVELOPMENT DISTRICT (PDD) 314, AS PROPOSED BY WOODBRIDGE PACIFIC, LLC, ON BEHALF OF RREF DC CAMERON, TO ALLOW MINOR CHANGES TO DESIGN, COLOR, MATERIALS, REDUCTION OF MASSING AND HEIGHTS IN CERTAIN UNITS OF THE PREVIOUSLY APPROVED FINAL PDD PLANS FOR THE CAMERON PROJECT LOCATED AT 850-990 SOUTH PALM CANYON DRIVE." Motion by Councilmember Roberts, seconded by Mayor Pro Tem Foat, and unanimously (5-0-0) carried on a roll call vote. 3. LEGISLATIVE: 3.A. AN INTERIM URGENCY ORDINANCE REGARDING "MEDICAL CANNABIS RELATED BUSINESSES AND ACTIVITIES" PURSUANT TO CHAPTER 5.45 OF THE PALM SPRINGS MUNICIPAL CODE TO BE UNDERTAKEN BY MEDICAL CANNABIS COOPERATIVES AND COLLECTIVES PERMITTED PURSUANT TO CHAPTER 5.35 OF THE CODE (4/5T"S Vote Required): City Attorney Kotkin presented the staff report. Council discussion ensued. City Council MINUTES July 26,2017 Page 9 ACTION: Waive the reading of the text in its entirety, read by title only, and adopt Ordinance No. 1935, "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REGARDING `MEDICAL CANNABIS RELATED BUSINESSES AND ACTIVITIES' PURSUANT TO CHAPTER 5.45 OF THE PALM SPRINGS MUNICIPAL CODE TO BE UNDERTAKEN BY MEDICAL CANNABIS COOPERATIVES AND COLLECTIVES PERMITTED PURSUANT TO CHAPTER 5.35 OF THE CODE." (4/5THS Vote Required) Motion by Councilmember Roberts, seconded by Mayor Pro Tem Foat, and unanimously (5-0-0) carried on a roll call vote. Interim City Clerk Hart read the ordinance title. 3.13. A RESOLUTION ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A MEASURE APPROVING AND IMPLEMENTING A GROSS RECEIPTS TAX ON CANNABIS BUSINESS ACTIVITY AND A CULTIVATION TAX ON COMMERCIAL CANNABIS CULTIVATORS AT THE NOVEMBER 7, 20179 GENERAL MUNICIPAL ELECTION: City Attorney Kotkin presented the staff report. Councilmember Kors read into the record the updated ballot question: Palm Springs Cannabis Business Taxation Shall Palm Springs update the existing gross receipts tax on medical cannabis collectives and cooperatives to apply to all medical and adult-use cannabis businesses, apart from cultivation businesses, which will be taxed at a rate up to 10 dollars per square foot, with all revenue used in Palm Springs to maintain and improve essential city services, including public safety and youth drug prevention education; requiring annual independent audits and public oversight? Council discussion ensued. At 8:20 p.m. Mayor Moon recessed the meeting. At 8:44 p.m. Mayor Moon reconvened the meeting. All members of the City Council were present. City Attorney Kotkin reviewed proposed modifications to the resolution and ordinance as follows: Modified Resolution (third recital) Page 4. Whereas, the Ordinance imposes a gross receipts tax up to $0.15 per $1.00 of proceeds, on any Palm Springs cannabis business, and a cultivation tax of up to $10.00 per square foot of cannabis cultivation area or fractional part thereof on Palm Springs cannabis business (the "Tax") to be collected as set forth in the Ordinance; and � C City Council MINUTES July 26,2017 Page 10 Section 3.42.010 (Ordinance) The purpose of this ordinance is to impose a gross receipts tax not to exceed $0.15 per $1.00 of gross receipts, on any cannabis business conducted in the City of Palm Springs, as "cannabis business" is defined in section 3.42.020 of this code, with the exception of cannabis cultivation businesses, which are subject to the tax defined in Section 3.42.040, whether or not such cannabis business has a permit under chapter 5.35, 5.45 or 5.55 of this code. Section 3.42.030 (A) (Ordinance) There is hereby ... of gross receipts. The sole exception to this tax upon gross receipts shall be cannabis cultivation businesses, which are subject to the tax defined in Section 3.42.040. The tax imposed ... Section 3.42.125 (E) (Ordinance) In addition to the penalty imposed for a failure to timely pay any tax or fee imposed by this chapter imposed pursuant to Section 3.42.110, the City Attorney shall have the discretion to issue an administrative citation with respect to said failure, and impose an administrative fine in the amount of $5,000 for each month that any payment of tax is overdue. Each cannabis business subject to any such administrative citation and fine shall have the opportunity to appeal same pursuant to Chapter 2.50 of this Code. 3.42.125 (F) (Ordinance) In the event that any appeal as to an administrative citation and fine pursuant to this Section 3.42.125, or any other action in relation thereto takes place, the City shall be entitled to recover its attorneys' fees and administrative costs incurred unless the appeal in question is granted, or the cannabis business initiating any other action is the prevailing party. Council discussion ensued. ACTION: 1) Waive the reading of text in its entirety, read by title only, and introduce for first reading "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, IMPOSING A TAX ON CANNABIS BUSINESS ACTIVITY" amended as follows: • Section 3.42.010 The purpose of this ordinance is to impose a gross receipts tax not to exceed $0.15 per $1.00 of gross receipts, on any cannabis business conducted in the City of Palm Springs, as "cannabis business" is defined in section 3.42.020 of this code, with the exception of cannabis cultivation businesses, which are subject to the tax defined in Section 3.42.040, whether or not such cannabis business has a permit under chapter 5.35, 5.45 or 5.55 of this code. • Section 3.42.030 (A) There is hereby ... of gross receipts. The sole exception to this tax upon gross receipts shall be cannabis cultivation .i1 i City Council MINUTES July 26,2017 Page 11 businesses, which are subject to the tax defined in Section 3.42.040. The tax imposed ... • Section 3.42.125 (E) In addition to the penalty imposed for a failure to timely pay any tax or fee imposed by this chapter imposed pursuant to Section 3.42.110, the City Attorney shall have the discretion to issue an administrative citation with respect to said failure, and impose an administrative fine in the amount of $5,000 for each month that any payment of tax is overdue. Each cannabis business subject to any such administrative citation and fine shall have the opportunity to appeal same pursuant to Chapter 2.50 of this Code. • 3.42.125 (F) In the event that any appeal as to an administrative citation and fine pursuant to this Section 3.42.125, or any other action in relation thereto takes place, the City shall be entitled to recover its attorneys' fees and administrative costs incurred unless the appeal in question is granted, or the cannabis business initiating any other action is the prevailing party. 2) Adopt Resolution No. 24284, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A MEASURE APPROVING AND IMPLEMENTING A GROSS RECEIPTS TAX ON CANNABIS BUSINESS ACTIVITY AND A CULTIVATION TAX ON COMMERCIAL CANNABIS CULTIVATORS AT THE NOVEMBER 7, 2017 GENERAL MUNICIPAL ELECTION" amended as follows: 1. Ballot Question Palm Springs Cannabis Business Taxation Shall Palm Springs update the existing gross receipts tax on medical cannabis collectives and cooperatives to apply to all medical and adult-use cannabis businesses, apart from cultivation businesses, which will be taxed at a rate up to 10 dollars per square foot, with all revenue used in Palm Springs to maintain and improve essential city services, including public safety and youth drug prevention education, requiring annual independent audits and public oversight? and 2. Modified (third recital) Page 4 of the Resolution Whereas, the Ordinance imposes a gross receipts tax up to $0.15 per $1.00 of proceeds, on any Palm Springs cannabis business, and a cultivation tax of up to $10.00 per square foot of cannabis cultivation area or fractional part thereof on Palm Springs cannabis business (the "Tax") to be collected as set forth in the Ordinance; and W f Q i U City Council MINUTES July 26,2017 Page 12 3) Adopt Resolution No. 24285, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2017-18 . Motion by Mayor Pro Tem Foat, seconded by Councilmember Kors, and unanimously (5-0-0) carried on a roll call vote. Interim City Clerk Hart read the ordinance title. 3.C. INTRODUCTION OF AN ORDINANCE IMPOSING A GENERAL TRANSACTIONS AND USE TAX, AND ADOPTION OF A RESOLUTION SUBMITTING A GENERAL TAX MEASURE TO THE ELECTORATE AT THE NOVEMBER 7, 2017 GENERAL MUNICIPAL ELECTION, WITH THE ALTERNATIVE OF INTRODUCTION OF AN ORDINANCE IMPOSING A SPECIAL TRANSACTIONS AND USE TAX, AND ADOPTION OF A RESOLUTION SUBMITTING A SPECIAL TAX MEASURE TO THE ELECTORATE AT THE NOVEMBER 7, 2017, GENERAL MUNICIPAL ELECTION: City Attorney Kotkin presented the staff report. Mayor Pro Tern read into the record the updated ballot question: Palm Springs Essential Services 1 Public Safety Measure To maintain essential city services, including rapid 911 emergency response, fire/police protection, add paramedic services, keep fire stations open/staffed, address homelessness, repair local streets/potholes, improve rapid response to assault, burglaries/crimes, keep public areas safe/clean, maintain senior services, attract/retain jobs/business, increase water conservation; shall the City of Palm Springs establish a '/2 cent sales tax; requiring annual independent audits/public oversight; all funds used locally? Council discussion ensued. ACTION: 1) Waive the reading of text in its entirety, read by title only, and introduce for first reading "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, IMPOSING A GENERAL TRANSACTIONS AND USE TAX" 2) Adopt Resolution No. 24286, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUBMITTING A GENERAL TAX MEASURE TO THE ELECTORATE AT THE NOVEMBER 7, 2017 GENERAL MUNICIPAL ELECTION." amending the ballot question as follows: Palm Springs Essential Services/Public Safety Measure To maintain essential city services, including rapid 911 emergency response, fire/police protection, add paramedic services, keep fire stations open/staffed, address homelessness, repair local streets/potholes, improve rapid response to assault, burglaries/crimes, keep public areas safe%lean, maintain senior services, attract/retain jobs/business, increase water conservation; City Council MINUTES July 26,2017 Page 13 shall the City of Palm Springs establish a % cent sales tax; requiring annual independent audits/public oversight; all funds used locally? 3) Adopt Resolution No. 24287, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2017-18." Motion by Councilmember Kors, seconded by Mayor Pro Tem Foat, and unanimously (5-0-0) carried on a roll call vote. Interim City Clerk Hart read the ordinance title. 4. UNFINISHED BUSINESS: 4.A. UPDATE FROM THE CITY COUNCIL BUDGET AND FINANCE STANDING SUBCOMMITTEE: (Councilmember Kors and Mayor Moon) The following were discussed: ■ Develop methods to put money aside for pension fund needs ■ The need to provide direction on the Palm Springs Pride and Well in the Desert grant requests ■ Suggested the process of recruiting police officers start pending the result of the election ■ The potential of the Palm Springs Unified School District using the City's facilities to run youth programs By consensus of the City Council City Manager Ready was directed to provide letters of support to Palm Springs Pride and Well in the Desert as follows: ■ Palm Springs Pride, up to $90,000 for in-kind services during the three- day event ■ Well in the Desert, $9,000 for the months of July, August, and September 2017 3. LEGISLATIVE: (Continued) 3.D. ESTABLISHING PROCEDURES FOR FILING WRITTEN ARGUMENTS REGARDING TWO (2) CITY MEASURES AT THE NOVEMBER 7, 2017, GENERAL MUNICIPAL ELECTION, A GENERAL TRANSACTIONS AND USE TAX, AND A CANNABIS BUSINESS ACTIVITY AND CULTIVATION TAX, AND DIRECTING THE CITY ATTORNEY TO PREPARE IMPARTIAL ANALYSES FOR BOTH MEASURES: ACTION: Adopt Resolution No. 24288, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING PROCEDURES FOR FILING WRITTEN ARGUMENTS REGARDING TWO (2) CITY MEASURES AT THE NOVEMBER 7, 2017, GENERAL MUNICIPAL ELECTION, A GENERAL TRANSACTIONS AND USE TAX, AND A CANNABIS BUSINESS ACTIVITY AND CULTIVATION TAX, AND DIRECTING THE CITY ATTORNEY TO PREPARE IMPARTIAL ANALYSES FOR BOTH MEASURES." l City Council MINUTES July 26,2017 Page 14 Motion by Councilmember Kors, seconded by Mayor Pro Tern Foat, and unanimously (5-0-0) carried on a roll call vote. 5. NEW BUSINESS: 5.A. A REQUEST FOR COUNCILMEMBER REVIEW PURSUANT TO PALM SPRINGS ZONING CODE SECTION 94.10.00 OF ACTION BY THE PLANNING COMMISSION TO APPROVE SIGN PROGRAMS FOR THE MULTI-TENANT BUILDINGS LOCATED ON BLOCK B AND BLOCK C WITHIN THE DOWNTOWN PALM SPRINGS SPECIFIC PLAN AT 111 AND 175 NORTH PALM CANYON DRIVE (SIGN PROGRAM CASE NOS. 17-002 AND 17-003): Assistant City Manager Fuller and Associate Planner Newell presented the staff report. Council discussion ensued. ACTION: 1) Adopt Resolution No. 24289, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AND ESTABLISHING A SIGN PROGRAM FOR THE TWO-STORY MULTI-TENANT BUILDING LOCATED ON BLOCK B OF THE DOWNTOWN PALM SPRINGS SPECIFIC PLAN AT 175 NORTH PALM CANYON DRIVE" with the following added to the Conditions of Approval: PLN 1. Conditions Imposed by City Council. Prior to issuance of any sign permits, the applicant shall incorporate the following conditions and resubmit three copies of the revised sign program to the Planning Department: 1. Tenant signage as shown in the elevations. 2. Future tenants shall be required to return to the AAC and Planning Commission for review. This requirement may be waived and signage may be approved by staff, if the sign is restricted to no more than 16" in letter height and meets other criteria of the Downtown Sign Ordinance, Section 93.20.09(A)(2)(b)(ii). 3. Blade Sign design to return to staff for final review: a. Size to be six square feet with no restriction on maximum dimensions b. Bottom of sign to be uniform above the sidewalk — specific height dimension to be approved by the Director of Planning Services. 4. There shall be no duplication of primary identification signs above awnings on the east and west elevations. The south and north elevations may have duplicate signs, if the tenant occupies both spaces that are framed with the architectural pop-outs. 5. Signs may extend the width of the architectural pop- out as depicted in the elevations. 2 City Council MINUTES July 26,2017 Page 15 6. Cabinet signs are prohibited. 3) Adopt Resolution No. 24290, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AND ESTABLISHING A SIGN PROGRAM FOR THE ONE (1) AND TWO-STORY MULTI-TENANT BUILDING LOCATED ON BLOCK C OF THE DOWNTOWN PALM SPRINGS SPECIFIC PLAN AT 111 NORTH PALM CANYON DRIVE" with the following added to the Conditions of Approval: PLN 1. Conditions Imposed by City Council. Prior to issuance of any sign permits, the applicant shall incorporate the following conditions and resubmit three copies of the revised sign program to the Planning Department: 1. East elevation - Sign #6 ("H&M" blade sign) shall be same size as approved blade sign size — six square feet per side. 2. ("Tommy Bahama" wall signs approved as presented; no change necessary per condition no. 11 below). 3. No duplicate (Primary Main) signs allowed for tenants on the same frontage. 4. West elevation - there shall be no duplicate signs on the brick facade portion of the building (signs #18 and #19 in Master Sign Plan). 5. "H&M" wall signs - sign #23 shall match sign #4 in size. 6. Sign mounting details shall match architecture. 7. Square footage to be consistent with sizes shown except secondary (blade) signs. 8. Blade Sign design to return to staff for final review: a. Size to be six square feet with no restriction on maximum dimensions b. Bottom of sign to be uniform above the sidewalk — specific height dimension to be approved by the Director of Planning Services c. Sign mounting details to match architecture 9. Cabinet signs are prohibited. 10.Signs may be front-lit, back-lit or any other method of lighting deemed appropriate by staff in the Planning Department. 11."Tommy Bahama" permitted three signs as presented in the Sign Plan. 12."Starbucks" channel letter signs shall be mounted below or on top of the awning, but not on the overhang fascia. Motion by Councilmember Mills, seconded by Mayor Pro Tern Foat, and unanimously (5-0-0) carried on a roll call vote with amendments. 5.13. EXTENSION OF THE HOTEL OPERATIONS INCENTIVE PROGRAM DEADLINE FOR COMMENCEMENT OF CONSTRUCTION OF THE VIRGIN HOTEL, LOCATED ON BLOCK B-1 OF THE DOWNTOWN PALM SPRINGS SPECIFIC PLAN, AT THE SOUTHEAST CORNER OF BELARDO ROAD AND THE EXTENSION OF E. ANDREAS ROAD WESTWARD, UNTIL DECEMBER 31, 2019: GL City Council MINUTES July 26,2017 Page 16 ACTION: Approve an extension of the Hotel Operations Incentive Program deadline for commencement of construction for the Virgin Hotel, located on Block B-1 of the Downtown Palm Springs Specific Plan, at the southeast corner of Belardo Road and the extension of E. Andreas Road westward, until December 31, 2019. Withdrawn from agenda, no action taken. S.C. EXTENSION OF THE HOTEL INCENTIVE PROGRAM DEADLINE FOR COMMENCEMENT OF CONSTRUCTION FOR A NEW HOTEL AT THE NORTHWEST CORNER OF BARISTO ROAD AND BELARDO ROAD, 284 S. CAHUILLA ROAD (DEVELOPER NEW CHURCH II, LLC) UNTIL MAY 31, 2019: City Manager Ready presented the staff report. Council discussion ensued. ACTION: 1) Consistent with and pursuant to the City's Charter power, approve an extension of the Program deadline prior to which the project of this developer must be "under construction" as that term is defined by the Program, on or before May 31, 2019, with the understanding that this project, once operational, will be entitled to the highest level of operating assistance available under the Program, to wit, seventy-five percent (75%) of the adjusted transient occupancy tax rate, as provided by the Program, payable for 30 years, or until the operator has been paid $50,000,000, whichever event occurs first. 2) Direct staff to negotiate with the developer, and return to the Council as soon as practicable with an Operating Covenant for this project whereby a hotel that is part of the Auberge Resorts Collection will be constructed at the former Orchid Tree Hotel and church site owned by the developer. This covenant would be considered at a public hearing and recorded against the property if approved by the Council pursuant to the City's general and Charter authority, and consistent with relevant provisions of the Program. 3) The Restoration of the Church will occur in the first phase. 4) Work with the Police Department on stabilization of the property. 5) The project will be exclusively an Auberge Hotel. Motion by Councilmember Roberts, seconded by Mayor Pro Tern Foat, and carried (4-1-0. Councilmember Mills dissenting). S.D. AUTHORIZE ISSUANCE OF TAX ALLOCATION REFUNDING BONDS: City Manager Ready presented the staff report. Council discussion ensued. ACTION: Adopt Resolution No. 24291, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS CAPACITY AS THE SUCCESSOR AGENCY TO THE 1 23 City Council MINUTES July 26,2017 Page 17 PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY APPROVING THE ISSUANCE OF 2017 TAX ALLOCATION REFUNDING BONDS TO REFUND CERTAIN OUTSTANDING OBLIGATIONS OF THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, APPROVING THE EXECUTION AND DELIVERY OF A FIRST SUPPLEMENT TO INDENTURE OF TRUST, A SECOND SUPPLEMENT TO INDENTURE OF TRUST, ESCROW AGREEMENTS, BOND PURCHASE AGREEMENT AND PRELIMINARY AND FINAL OFFICIAL STATEMENTS AND PROVIDING OTHER MATTERS RELATING TO THE ISSUANCE OF THE REFUNDING BONDS." Motion by Councilmember Kors, seconded by Councilmember Roberts, and unanimously (5-0-0) carried on a roll call vote. 5.E. APPROVAL OF A WIRELESS MARKETING AGREEMENT WITH 5 BARS COMMUNITIES DBA XG COMMUNITIES, LLC: Assistant City Manager Fuller presented the staff report. Council discussion ensued. ACTION: 1) In accordance with Section 7.04.020 of the Palm Springs Municipal Code, "Sole source procurement by the city," waive all competitive requirements of Title 7 finding that 5 Bars Communities dba XG Communities, LLC, has demonstrated experience and expertise in providing the required wireless marketing services through two (2) competitive qualifications based selection processes completed by the City of Sacramento in June 2016 through its Request for Qualifications (RFQ) (Q16071011005), and by the City of Fresno in May 2017 through its Request for Qualifications (RFQ) (Bid File 3503). 2) Approve a Wireless Marketing and License Agreement with 5 Bars Communities dba XG Communities, LLC, for an initial term of five (5) years, subject to three (3) additional five (5) year optional terms. A7008. 3) Authorize the City Manager to execute all necessary documents. Motion by Councilmember Kors, seconded by Mayor Pro Tem Foat, and unanimously (5-0-0) carried on a roll call vote. 5.F. APPOINT TWO MEMBERS OF THE CITY COUNCIL TO AN AD HOC SUBCOMMITTEE TO ASSIST WITH THE RECRUITMENT OF THE CITY CLERK: City Manager Ready presented the staff report. Council discussion ensued. ACTION: By consensus, the Council appointed Councilmember Kors and Mayor Moon to the City Clerk Recruitment Ad Hoc Subcommittee with a sunset date of December 31, 2017. City Council MINUTES July 26,2017 Page 18 PUBLIC COMMENT: (Non-Agenda Items) Henry Hampton, Palm Springs, thanked the Council for its dedication to the City and inspiring him to run for City Council CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT Councilmember Kors requested creation of a Public Safety Ad Hoc Subcommittee to continue discussing ways to work better with departments. Mayor Moon appointed Mayor Pro Tern Foat and Councilmember Kors with a sunset date of December 31, 2017. Mayor Moon requested staff address the hole in the dome above Oscars. Assistant City Manager Fuller stated he would remind the property owner. ADJOURNMENT: At 10:34 p.m. the City Council adjourned to the next regular meeting Wednesday, September 6, 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 STATE OFCALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITYOF PALM SPRINGS ) I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, California, hereby certify that the July 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: NOES: ABSENT: ABSTAIN: RECUSAL: Kathleen D. Hart, MMC Interim City Clerk 4 t.- Exhibit A CITY COUNCIL AND AS SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF THE PALM SPRINGS vn.xa� ;ev �y e C�proaM�'• CLOSED SESSION AGENDA Wednesday, July 26, 2017 —4:00 p.m. PALM SPRINGS CONVENTION CENTER 277 N. Avenida Caballeros, Primrose B Palm Springs, CA 92262 CONFERENCE WITH LEGAL COUNSEL. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following described matter(s) will prejudice the position of the City in existing and anticipated litigation. EXISTING LITIGATION G.C. 54956.9(d)(1) Daniel Teutle et al. v. City of Palm Springs et. al. Case No. INC 1103235 Riverside Superior Court, Indio Division INITIATION OF LITIGATION G.C. 54956.9(d)(4) 2 Cases EXPOSURE TO LITIGATION G.C. 54956.9(d)(2) 2 Cases CONFERENCE WITH REAL PROPERTY NEGOTIATOR G.C. 54956.8 Property Address/Description: 4449 N. Indian Canyon Dr., APN 669-330-047 Agency: City of Palm Springs City Negotiator: David H. Ready, City Manager or Designee Negotiating Parties: Desert Community College District Under Negotiation: Price and Terms of Payment (Acquisition) PUBLIC EMPLOYEE EVALUATION G.C. 54957 Position: City Manager i'.. v CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA ca•A`«j�* .s e 4 MINUTES WEDNESDAY, SEPTEMBER 6, 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 4:01 p.m. Members of the City Council present were Councilmembers Kors, Mills, Mayor Pro Tern Foat, and Mayor Moon. It was noted Councilmember Roberts had an excused absence. . PUBLIC COMMENT (Council Chamber): No one came forth to address the Mayor and City Council. RECESS TO CLOSED SESSION (Small Conference Room): At 4:03 p.m., the Mayor and 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: Boy Scout Troop 262 led the salute to the flag. ROLL CALL: PRESENT: Councilmember Kors, Councilmember Mills, Mayor Pro Tern Foat, and Mayor Moon ABSENT: Councilmember Roberts (excused) ALSO PRESENT: City Manager Ready, Assistant City Manager Fuller, City Attorney Kotkin, and Interim City Clerk Hart PRESENTATIONS: None. 2 City Council MINUTES September 6,2017 Page 2 ACCEPTANCE OF THE AGENDA: Mayor Moon requested Item 1 V be excluded from the Consent Calendar for discussion. ACTION: Approve the agenda as presented with the removal of Item 1V from the Consent Calendar. Motion by Councilmember Mills, seconded by Councilmember Kors, and carried (4-0-1, Councilmember Roberts absent) on a roll call vote. REPORT OF CLOSED SESSION: City Attorney Kotkin reported that the Council discussed Closed Session items, except the two anticipated litigation items and one initiation of litigation, with no reportable actions taken. PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) Robert Findley addressed the Council regarding Item 1Q. CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS: City Manager Ready demonstrated features of new presentation capabilities and the OpenGov Portal. Councilmember Mills provided a summary of the Andaz Project Subcommittee activities, including the proposed schedule for completion. Councilmember Kors highlighted some Consent Calendar items including the ADA projects, purchasing new ballistic vests, helmets and gear for the Police Department, and fire sprinkler system at the fire station. Mayor Pro Tern Foat summarized discussions of the Cannabis Subcommittee and stated a self-contained, grow facility was under construction. She provided a summary on the Homelessness Task Force's recent meeting. Mayor Moon announced the upcoming State of City Address, slated for Tuesday, September 19, 2017. He announced upcoming business openings and the official grand opening of the Downtown in November. Councilmember Kors stated there was free seating for residents to attend the State of the City. 1. CONSENT CALENDAR: ACTION: Approve Items 1 A, 113, 1 C, 1 D, 1 E, IF, 1 G, 1 H, 11, 1 J, 1 K, IL, 1 M, IN, 10, 1 P, IQ, 1 R, IS, IT, and 1 U. 28 City Council MINUTES September 6,2017 Page 3 Motion by Councilmember Kors, seconded by Mayor Pro Tern Foat, and carried (4-0-1, Councilmember Roberts absent) on a roll call vote. 1.A. TREASURER'S INVESTMENT REPORT AS OF JUNE 30, 2017: ACTION: Receive and File the Treasurer's Investment Report as of June 30, 2017. Approved as part of the Consent Calendar. 1.6. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1. Adopt Resolution No. 24292, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1093355 THROUGH 1093501 IN THE AGGREGATE AMOUNT OF $1,780,051.65, DRAWN ON BANK OF AMERICA." 2. Adopt Resolution No. 24293, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 07-15-2017 BY WARRANTS NUMBERED 420007 THROUGH 420017 AND 420019 TOTALING $27,666.44 LIABILITY CHECKS NUMBERED 1093502 THROUGH 1093521 TOTALING $80,627.00, FIVE WIRE TRANSFERS FOR $121,769.95, AND THREE ELECTRONIC ACH DEBITS OF $1,822,733.07 IN THE AGGREGATE AMOUNT OF $2,052,796.46, DRAWN ON BANK OF AMERICA." 3. Adopt Resolution No. 24294, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1093522 THROUGH 1093632 IN THE AGGREGATE AMOUNT OF $979,881.19, DRAWN ON BANK OF AMERICA." 4. Adopt Resolution No. 24295, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1093633 THROUGH 1093766 IN THE AGGREGATE AMOUNT OF $4,413,019.42, DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar. 1.C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF JULY 2017: ACTION: Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of July 1 through July 31, 2017. Approved as part of the Consent Calendar. 29 City Council MINUTES September 6,2017 Page 4 I.D. APPROVAL OF MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR CLASS 1 HISTORIC SITE LOCATED AT 1520 EAST TACHEVAH DRIVE, HSPB 105: ACTION: 1. Approve a Councilmember Mills Act Historic Property Preservation Agreement between the City of Palm Springs and Todd Hays, for 1520 East Tachevah Drive, a Class 1 Historic Site, HSPB 105. A 7018. 2. Authorize the City Manager to execute the Agreement. 3. Direct the City Clerk to record the Agreement. Approved as part of the Consent Calendar. 1.E. APPROVAL OF MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR CLASS 1 HISTORIC SITE LOCATED AT 1784 SOUTH ARABY DRIVE, A CLASS 1 HISTORIC SITE, HSPB 103/HD-6: ACTION: 1. Approve a Mills Act Historic Property Preservation Agreement with Charles D. Hopkins and David L. Kersey and Park South Homeowners Association, for property located at 1784 S. Araby Drive, a Class 1 Historic Site, HSPB 103/HD-6. A 7019. 2, Authorize the City Manager to execute the Agreement. 3. Direct the City Clerk to record the Agreement. Approved as part of the Consent Calendar. 1.F. APPROVAL OF MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR CLASS 1 HISTORIC SITE LOCATED AT 1861 SANDCLIFF ROAD, A CLASS 1 HISTORIC SITE, HSP1393/HD-5: ACTION: 1. Approve a Mills Act Historic Property Preservation Agreement with Frederick J. Sousek and Sharon K. Sousek and Sandcliff Homeowners Association, for property located at 1861 Sandcliff, a Class 1 Historic Site, HSPB 93/HD-5. A7020. 2, Authorize the City Manager to execute the Agreement. 3. Direct the City Clerk to record the Agreement. Approved as part of the Consent Calendar. 1.G. APPROVAL OF RIGHT OF WAY ACQUISITION AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY FOR ASSESSOR'S PARCEL NUMBER (APN) 669-093-010 FOR THE INDIAN CANYON DRIVE WIDENING $ BRIDGE REPLACEMENT, CP 01-11, FEDERAL AID PROJECT NO. BRLO 5282 (017): ACTION: 1. Approve the Right-of-Way Agreement for Acquisition of Real Property Interest and Escrow Instructions in the amount of $24,500 with Southern California Edison Company, a California Corporation, for acquisition of 50 square feet of right-of-way, 8,378 square feet of slope easement, 400 square feet of drainage easement and rental for a period of five (5) years of 7,236 square feet of a portion of the property identified as APN 669-093-010 to facilitate and accomplish the City Council MINUTES September 6,2017 Page 5 construction and installation of various street improvements associated with the Indian Canyon Drive Widening and Bridge Replacement at the Union Pacific Railroad undercrossing, CP 01-11, Federal-Aid Project No. BRLO 5282 (017). A7021. 2, Authorize the City Manager to execute all necessary documents, open escrow and pay for associated escrow and title costs associated with the right-of-way acquisitions. Approved as part of the Consent Calendar. 1.H. ACCEPTANCE OF THE PALM SPRINGS LIBRARY LED INFORMATION SIGN, CP 15-28: ACTION: 1. Accept the public works improvement identified as the Palm Springs Library LED Information Sign as completed in accordance with the plans and specifications, CP 15-28. A6928. 2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Palm Springs Library LED Information Sign, CP 15-28. Approved as part of the Consent Calendar. 1.1. AWARD A CONSTRUCTION CONTRACT TO TRYCO GENERAL ENGINEERING IN THE AMOUNT OF $693,560, APPROVE A PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED $26,740 TO ALBERT A. WEBB ASSOCIATES FOR CONSTRUCTION SUPPORT SERVICES FOR THE SB 821 MISSING LINK SIDEWALKS, CP 15-23: ACTION: 1. Award a construction contract to TryCo General Engineering in the amount of $693,560 for the SB 821 Missing Link Sidewalks, CP 15-23. A7022. 2. Authorize a Purchase Order to Albert A. Webb Associates pursuant to On-Call Agreement No. A6443, in the amount up to $26,740 for construction support services for the SB 821 Missing Link Sidewalks, CP 15-23. 3. Authorize the City Manager to approve and execute construction contract change orders up to a cumulative amount of $69,360 (10% of construction contract). 4. Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. 1.J. ACCEPTANCE OF THE DEMUTH PARK ADA ACCESS IMPROVEMENTS, CP 15-15: ACTION: 1. Accept the public works improvement identified as the Demuth Park ADA Access Improvements Project as completed in accordance with the plans and specifications, CP 15-15. A6948. 2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Demuth Park ADA Access Improvements, CP 15-15. 30 City Council MINUTES September 6,2017 Page 6 Approved as part of the Consent Calendar. 1.K. AUTHORIZE THE CITY MANAGER TO PURCHASE NATURAL GAS FOR A PERIOD OF 24 MONTHS THROUGH NOVEMBER 30, 2019: ACTION: 1. Authorize the City Manager to enter into purchase agreements for natural gas from the wholesale commodity market for a term not to exceed 24 months from December 1, 2017, through November 30, 2019. 2. Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. I.L. ACCEPTANCE OF ADA CURB RAMPS, CP 16-09: ACTION: 1. Accept the public works improvements identified as the ADA curb Ramps as completed in accordance with the plans and specifications, CP 16-09. 2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the ADA Curb Ramps, CP 16-09. Approved as part of the Consent Calendar. 1.M. AWARD PURCHASE OF PHOENIX G2 FIRE STATION ALERTING SYSTEM FROM US DIGITAL DESIGNS: ACTION: 1. Approve the purchase of Phoenix G2 Fire Station Alerting System from US Digital Designs in the amount of $359,300 inclusive of all applicable taxes and shipping, utilizing FireRescue GPO cooperative purchase agreement. 2. Authorize the City Manager to execute the necessary documents. Approved as part of the Consent Calendar. 1.N. REPORT OF EMERGENCY REPLACEMENT OF THE WATER COOLED CHILLER SYSTEM FOR THE EMERGENCY OPERATIONS CENTER OF CITY HALL PURSUANT TO PALM SPRINGS MUNICIPAL CODE SECTION 7.04.040: ACTION: Receive and file. Approved as part of the Consent Calendar. 1.0. DISPOSAL AND RECYCLING OF BALLISTIC VESTS AND HELMETS VIA STATE AUTHORIZED PROGRAM: ACTION: 1. Waive the Public Auction requirement in Section 7.07.020(3) of the Municipal Code for Disposition of Surplus Property and authorize the destruction and recycle of 23 Ballistic Vests and 10 Helmets by SafariLand, LLC pursuant to the terms and conditions of California State Contract 1-10-84-07. 2. Authorize the City Manager to execute all necessary documents. City Council MINUTES September 6,2017 Page 7 Approved as part of the Consent Calendar. I.P. AWARD PURCHASE OF BALLISTIC HELMETS, RIOT FACE SHIELDS AND HELMET CARRY/STORAGE BAGS FOR ALL POLICE DEPARTMENT SWORN PERSONNEL: ACTION: 1. Award the purchase of 100 Delta 4 brand ballistic helmets, riot face shields, and carry/storage bags for PSPD sworn personnel from Aardvark Inc. in the amount of $43,478.13 including applicable sales tax and delivery. 2. Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. 1.0. ACCEPTANCE OF $130,000 IN GRANT FUNDING FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) FOR A SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) TO BE USED OT ENFORCE, EDUCATE, AND BRING AWARENESS TO THE PUBLIC: ACTION: 1. Accept $130,000 in grant funding from the California Office of Traffic Safety for a Selective Traffic Enforcement Program (STEP) for fiscal year 2017-2018. A7009. 2. Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. 1.R. RATIFY CONSTRUCTION BIDS FOR THE AIRPORT TAXIWAY J PAVEMENT RECONSTRUCTION PROJECT (IFB 17-06) AND AIRFIELD LIGHTING PROJECT (IFB 17-07), AND RE-BID THE TICKETING HALL EXPANSION ENABLING PROJECT (IFB 18-01): ACTION: 1. Accept report and ratify the award of construction contract to All American Asphalt as the lowest responsive and responsible bidder for the Taxiway J Pavement Reconstruction Project, IFB No. 17-06, in the amount of$258,265.00. 2. Accept report and ratify the award of construction contract to Vellutina dba Royal Electric Company as the lowest responsive and responsible bidder for the Airfield Lighting Project IFB No. 17-07, in the amount of $1,633,526.00. 3. Find the bid from Suffolk-Nibbi as non-responsive, reject all other bids, and authorize staff to re-bid the Ticketing Hall Expansion Enabling Project, IFB No. 18-01 . 4. Authorize the City Manager to execute all documents. Approved as part of the Consent Calendar. 1.S. REPORT OF EMERGENCY REPAIRS TO THE PALM SPRINGS INTERNATIONAL AIRPORT AIRFIELD LIGHTING SYSTEM PURSUANT TO MUNICIPAL CODE SECTION 7.04.040: ACTION: Receive and file the report for emergency repairs of the airfield electrical system. City Council MINUTES September 6,2017 Page 8 Approved as part of the Consent Calendar. 1.T. ADMINISTRATIVE APPEALS BOARD HEARING DECISIONS: ACTION: Receive and file the Administrative Appeals Board decisions from the July 17, 2017, and Julye 28, 2017, hearings. Approved as part of the Consent Calendar. 1.U. AWARD A CONSTRUCTION CONTACT TO AL MILLER & SONS ROOFING COMPANY, INC., IN THE AMOUNT OF $528,310 FOR THE PALM SPRINGS ROOF REPAIR AND REPLACEMENT PROJECT, CP 16-05: ACTION: 1. Waive an informality (non-responsiveness), and award a construction contract to Al Miller & Sons Roofing Company, Inc. in the amount of $528,310 for the Palm Springs Roof Repair and Replacement Project, CP-16-05, A7024. 2. Authorize the City Manager to approve and execute construction contract change orders up to an additional amount of$52,850. 3. Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: 1.V. CONSIDERATION OF GRANT SPONSORSHIPS FOR WELL IN THE DESERT AND PALM SPRINGS PRIDE — PRIOR TO FULL REVIEW OF APPLICATIONS SUBMITTED AS PART OF FISCAL YEAR 2017-18 BUDGET PROCESS: Council discussion ensued. ACTION: 1. Grant — Well in the Desert $9,000 for three months' payment of Homeless Day Center facility lease and food. 2. Sponsorship — Palms Spring Pride Event $90,000 in-kind contribution for City services associated with the event paid for from Palm Springs Resorts. 3. Grant— Cinema Diverse $5,000 from Palm Springs Resorts funds. 4. Sponsorship — Palm Springs Cultural Center $7,250 in-kind contribution for waiver of fees for the Famers Market. Motion by Councilmember Kors, seconded by Councilmember Mills, and carried (4-0-1, Councilmember Roberts Absent) on a voice vote. 2. PUBLIC HEARINGS: 2.A. AMENDMENT TO THE PALM SPRINGS ZONING CODE TO REVISE THE STANDARDS FOR HOTEL RESTAURANTS IN THE R-2, R-3, AND R-4 ZONE DISTRICTS, CASE 5.1420 ZTA City Council MINUTES September 6,2017 Page 9 Director of Planning Services Fagg provided the background information as noted on the staff report. Mayor Moon opened the public hearing, no one came forth to address the Mayor and City Council; therefore, Mayor Moon closed the public hearing. Council discussion ensued. ACTION: 1. Waive the reading of the ordinance text in its entirety and read by title only; and 2. Introduce on first reading Ordinance No. 1936, "AN ORDINANCE OF THE CITY COUNCIL 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." Motion by Councilmember Mills, seconded by Mayor Pro Tern Foat, and carried (4-0-1, Councilmember Roberts absent) on a voice vote. Interim City Clerk Hart read the ordinance title. 2.13. CALLING AND CONDUCTING A SPECIAL ELECTION AND INTRODUCTION OF ORDINANCE AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 17 TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES): Director of Public Works/City Engineer Garcia presented the staff report. Mayor Moon opened the public hearing, no one came forth to address the Mayor and City Council; therefore, Mayor Moon closed the public hearing. ACTION: 1. Adopt Resolution No. 24296, "A RESOLUTION OF THE CITY COUNCIL 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." Motion by Councilmember Mills, seconded by Mayor Pro Tern Foat, and carried (4-0-1, Councilmember Roberts absent) on a roll call vote. 2. Interim City Clerk Hart conducted the special election and canvassed the results. 3. Adopt Resolution No. 24297, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ANNEXATION 3 City Council MINUTES September 6,2017 Page 10 LANDOWNER ELECTION, DETERMINING VALIDITY OF PRIOR PROCEEDINGS, AND DIRECTING THE RECORDING OF AN AMENDMENT TO NOTICE OF SPECIAL TAX LIEN FOR ANNEXATION NO. 17, 64 @ THE RIV, TRACT MAP NO. 37210, INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1, (PUBLIC SAFETY SERVICES)." 5. Waive reading of the full text in its entirety, read by title only, and introduce on first reading, Ordinance No. 1937, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION NO. 17, 64 @ THE RIV, TRACT MAP NO. 37210, INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1, (PUBLIC SAFETY SERVICES)." Motion by Mayor Pro Tern Foat, seconded by Councilmember Mills, and carried (4-0-1, Councilmember Roberts absent) on a roll call vote. Interim City Clerk Hart read the ordinance title. 3. LEGISLATIVE: 3.A. AN INTERIM URGENCY ORDINANCE AMENDING PRIOR INTERIM URGENCY ORDINANCE NO. 1934 RE INTERIM REGULATIONS FOR THE INSTALLATION AND MAINTENANCE OF TEMPORARY SIGNS SUBJECT TO CERTAIN EXCEPTIONS, AMENDING AND SUSPENDING CERTAIN SECTIONS OF THE PALM SPRINGS MUNICIPAL CODE, TO NOVEMBER 10, 2017. (4/5ths Vote Required) City Attorney Kotkin provided background information as outlined in the staff report. Council discussion ensued. ACTION: Table the item to the next meeting. Motion by Councilmember Kors, seconded by Mayor Pro Tem Foat, and carried (4-0-1, Councilmember Roberts absent) on a roll call vote. 4. UNFINISHED BUSINESS: 4.A. REVIEW OF THE PROPOSED WORK PLAN FOR IMPLEMENTATION OF THE RECOMMENDATIONS OF THE AD HOC PLANNED DEVELOPMENT DISTRICT (PDD) SUBCOMMITTEE: Director of Planning Services Fagg provided the background info as outlined in the staff report. y L.t City Council MINUTES September 6,2017 Page 11 Council discussion ensued. ACTION: Continue item to a date uncertain. Motion by Councilmember Mills, seconded by Mayor Pro Tern Foat, and carried (4-0-1, Councilmember Roberts absent) on a roll call vote. 5. NEW BUSINESS: 5.A. LULU RESTAURANT ART MURAL APPLICATION OF A COMMERCIAL RESTAURANT BUILDING LOCATED AT 200 SOUTH PALM CANYON DRIVE, CASE 17-002 MUR Director of Planning Services Fagg provided the background information as outlined in the staff report. Council discussion ensued. ACTION: Adopt Resolution No. 24298, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ART MURAL ON THE COMMERCIAL RESTAURANT BUILDING AT 200 SOUTH PALM CANYON DRIVE, ZONE C-1, CASE 17-002 MUR" adding a condition to require a quarter inch reveal or shadow line mount. Motion by Councilmember Kors, seconded by Mayor Pro Tern Foat, and carried (4-0-1, Councilmember Roberts absent) carried on a roll call vote. 5.13. A REQUEST FOR CITY COUNCIL REVIEW OF AN ACTION BY THE PLANNING COMMISSION TO APPROVE A MAJOR ARCHITECTURAL APPLICATION BY GLENWOOD MANAGEMENT GROUP, LLC, TO CONSTRUCT A 17-UNIT APARTMENT COMPLEX ON AN UNDEVELOPED 1.13-ACRE PARCEL LOCATED AT 2150 NORTH ZANJERO ROAD, ZONE R-2, CASE 3.3989-MAJ: Director of Planning Services Fagg provided the background information as outlined in the staff report. Council discussion ensued. ACTION: Adopt Resolution No. 24299, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MAJOR ARCHITECTURAL APPLICATION BY GLENWOOD MANAGEMENT GROUP, LLC, TO ALLOW THE CONSTRUCTION OF A 17 UNIT APARTMENT COMPLEX ON AN UNDEVELOPED 1.13-ACRE PARCEL LOCATED AT 2150 NORTH ZANJERO ROAD," adding to Conditions of Approval, PLN 10, the parking lot shall be screened in accordance with requirements of PSZC Section l City Council MINUTES September 6,2017 Page 12 93.06.00(C)(12). End parking spaces shall conform to the design and construction standards of PSZC Section 93.06.00(E)(13). Motion by Councilmember Mills, seconded by Councilmember Kors, and carried (4-0-1, Councilmember Roberts absent) on a roll call vote. S.C. REPORT AND RATIFICATION OF AWARD OF A CONSTRUCTION CONTRACT TO ATP GENERAL ENGINEERING CONTRACTORS, LLC. IN THE AMOUNT OF $2,869,700; APPROVAL OF A PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED $105,800 TO INTERWEST CONSULTING GROUP FOR CONSTRUCTION MANAGEMENT, INSPECTION AND MATERIALS TESTING SERVICES FOR THE 2017 PAVEMENT REHABILITATION PROJECT, CP 17-01: Assistant City Manager Fuller provided the background information as outlined in the staff report. Council discussion ensued. ACTION: 1. Receive report of the City Manager's award and ratification of a construction contract to ATP General Engineering Contractors, LLC, in the amount of $2,869,700 for the 2017 Pavement Rehabilitation Project, CP 17-01. A7002. 2. Delegate authority to the City Manager to approve and execute construction contract change orders up to $286,970 with all change orders reported to the City Council. 3. Authorize a Purchase Order to Interwest Consulting Group, pursuant to On-Call Agreement No. A6686, in an amount not to exceed $105,800 for construction management, inspection, and materials testing services for the 2017 Pavement Rehabilitation Project, CP 17-01. 4. Authorize the City Manager to execute all necessary documents. Motion by Councilmember Mills, seconded by Mayor Pro Tem Foat, and carried (4-0-1, Councilmember Roberts absent) carried on a roll call vote. 5.D. REJECT BIDS AND APPROVE A COOPERATIVE AGREEMENT WITH CVAG, APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH ALTA PLANNING + DESIGN INC., APPROVE PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO RE-BID FOR THE TAHQUITZ CREEK LEVEE IMPROVEMENTS, CP 08-26: Assistant City Manager Fuller provided the background information as outlined in the staff report. Council discussion ensued. Z �r City Council MINUTES September 6,2017 Page 13 ACTION: 1. Reject all bids received on August 18, 2016, for the Tahquitz Creek Levee Certification project, CP 08-26. 2. Approve a Cooperative Agreement with CVAG for the Tahquitz Creek Levee Reconstruction Project, Bike Path Replacement. A7025. 3. In accordance with Section 7.04.020 "Sole source procurement by the City," of the Palm Springs Municipal Code, waive all competitive requirements of Title 7 of the Palm Springs Municipal Code finding that Alta Planning + Design Inc., has demonstrated experience and expertise of providing the required professional civil engineering design services for the Coachella Valley Association of Governments. 4. Approve a Professional Services Agreement in the amount of $111,500 with Alta Planning + Design Inc., for final plans, specifications, and estimates; to prepare bid documents; and provide construction support for the Tahquitz Creek Levee Improvements, CP 08-26. A7026. 5. Approve the plans, specifications and estimate, and authorize staff to advertise and solicit bids for the revised Tahquitz Creek Levee Improvements, CP 08-26. 6. Authorize the City Manager to execute all necessary documents. Motion by Councilmember Kors, seconded by Councilmember Mills, and carried (4-0-1, Councilmember Roberts absent) carried on a roll call vote. PUBLIC COMMENT: (Non-Agenda Items) Richard Samuels expressed concern about medians on Tahquitz Canyon and suggested lower shrubbery. He also expressed concern regarding vacation rentals. Michael Sterns, Tour de Palm Springs, expressed gratitude for the City's contributions to the Tour de Palm Springs and discussed the benefits of the event. Jennifer Samuels expressed frustration with vacation rentals. CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT: Councilmember Kors requested a Finance/Budget Standing Subcommittee meeting be scheduled. He requested creating an Ad Hoc Subcommittee to review grants. Mayor Moon appointed Councilmember Kors and himself to the Grant and Sponsorship Applications Ad Hoc Subcommittee to Review the Grant and Sponsorship Applications, and with a sunset date of December 31, 2017. Councilmember Kors provided a summary of items in need for the victims of the Houston hurricane, the collection site, and plans to transport the donated items to Houston. City Council MINUTES September 6,2017 Page 14 ADJOURNMENT: At 8:34 p.m., the City Council adjourned to an adjourned regular meeting Tuesday, September 26, 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 STATE OFCALI FORN IA ) COUNTYOF 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 6, 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: NOES: ABSENT: ABSTAI N: RECUSAL: Kathleen D. Hart, MMC Interim City Clerk 3 � Exhibit A CITY COUNCIL AND AS SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF THE PALM SPRINGS ;o v��M rp i . o ar f "•O �.IiO0.A� CLOSED SESSION AGENDA Wednesday, September 6, 2017 — 4:00 p.m. City Hall, Small Conference Room 3200 East Tahquitz Canyon Way, Palm Springs Palm Springs, CA 92262 CONFERENCE WITH LEGAL COUNSEL. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following described matter(s) will prejudice the position of the City in existing and anticipated litigation. EXISTING LITIGATION G.C. 54956.9(d)(1) City of Palm Springs V. Kenneth Irwin Jr. Case No. PSC1606276, Riverside Superior Court, Palm Springs Division Thomas Alan Grossman vs. City of Palm Springs et al Case No. PSC1406472, Riverside Superior Court, Palm Springs Division Jeffrey Cole v. Elder Ricardo Ortiz, City of Palm Springs Case No. PSC1503101, Riverside Superior Court, Palm Springs Division City of Palm Springs as Successor Agency et al. v. Ana Matosantos et al Case No. RIC 1513477, Riverside Superior Court, Riverside Division Protect Our Neighborhoods v. City of Palm Springs Case No. RIC1704320, Riverside Superior Court, Riverside Division EXPOSURE TO LITIGATION G.C. 54956.9(d)(2) 6 Case INITIATION OF LITIGATION G.C. 54956.9(d)(4) 3 Cases 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) September 6, 2017 Closed Session Agenda Page 2 Property Address/Description: APN 669-330-029 Agency: City of Palm Springs City Negotiator: David H. Ready, City Manager or Designee Negotiating Parties: Desert Community College District Under Negotiation: Price and Terms of Payment CONFERENCE WITH LABOR NEGOTIATOR G.C. 54957.6 Palm Springs Fire Management CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA `�f ptlM sAf N a fit{I/OIN�P 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 4u 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 43 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 1 A, 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 Tern Foat recused from Item 1 H) 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. 1.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. 1.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 45 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. I.I. 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. 1.K. TRANSFER AND ASSIGNMENT OF ROA CAPITAL LLC D/B/A MEDICAL PROPERTIES If 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. 1.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: 5.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- 114 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 Tern Foat, and carried (4-0-1, Councilmember Mills absent) carried on a roll call vote. 5.13. 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. 48 City Council MINUTES September 26,2017 Page 8 Motion by Councilmember Roberts, seconded by Mayor Pro Tem 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 SIB 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 Tern 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. 49 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, I Kathleen D. Hart, MMC Interim City Clerk 50 City Council MINUTES September 26,2017 Page 10 CERTIFICATION STATE OFCALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITYOF 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: NOES: ABSENT: ABSTAIN: RECUSAL: Kathleen D. Hart, MMC Interim City Clerk 51 Exhibit A CITY COUNCIL AND AS SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF THE PALM SPRINGS ♦PM Is O 9 O `�<isOPNs CLOSED SESSION AGENDA Tuesday, September 26, 2017 — 4:00 p.m. City Hall, Small Conference Room 3200 East Tahquitz Canyon Way, Palm Springs Palm Springs, CA 92262 CONFERENCE WITH LEGAL COUNSEL. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following described matter(s) will prejudice the position of the City in existing and anticipated litigation. EXISTING LITIGATION G.C. 54956.9(d)(1) Smith and Haberman v. Andrew Adler and Alta Verde Sereno, LLC, et al. Case No. PSC 1606441, Riverside Superior Court, Palm Springs Division City of Palm Springs v. Kenneth Irwin Jr. Case No. PSC1606276, Riverside Superior Court, Palm Springs Division James Walters vs. City of Palm Springs et al Case No. PSC1604870, Riverside Superior Court, Palm Springs Division EXPOSURE TO LITIGATION G.C. 54956.9(d)(2) 3 Cases INITIATION OF LITIGATION G.C. 54956.9(d)(4) 2 Cases CONFERENCE WITH REAL PROPERTY NEGOTIATOR G.C. 54956.8 Property Address/Description: Intersection of Zanjero Road and Rochelle Road APN 504-260-024 Agency: City of Palm Springs City Negotiator: David H. Ready, City Manager or Designee Negotiating Parties: William Hamlin, Grayl Del Mar, LLC Under Negotiation: Price and Terms of Payment (Acquisition) V September 26, 2017 Closed Session Agenda Page 2 Property Address/Description: 285 N. Indian Canyon Dr., APN 513-091-003 Agency: City of Palm Springs City Negotiator: David H. Ready, City Manager or Designee Negotiating Parties: Successor Agency of the Redevelopment Agency Under Negotiation: Price and Terms of Payment (Acquisition) Property Address/Description: APN's 508-034-011, 508-034-012, 508-034-013, 508-034-013 (Amado Road and Calle Alvarado) Agency: Community Redevelopment Agency Agency Negotiator: David Ready, Executive Director or Designee Negotiating Parties: Lauri Kibby representing Oasi Group Under Negotiation: Price and Terms of Payment (Purchase) 53 CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA Iy V M "iy..»..n.S . •�4/�IORN�p 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. 5 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 1 J be removed from the Consent Calendar. ACTION: Approve the agenda as presented with the removal of Items 1B and 1J 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 5B 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. 515 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. � E 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 1F 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 WITHAL 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 At 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 5.1425 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; � n V 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 Tem 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 1415 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. so 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. 61 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 $39381,830 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; to i 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-1540050-1; 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. G3 City Council MINUTES October 4,2017 Page 11 CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT: Mayor Pro Tem 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 STATE OFCALI FORNIA ) COUNTYOF 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: NOES: ABSENT: ABSTAIN: RECUSAL: Kathleen D. Hart, MMC Interim City Clerk Exhibit A CITY COUNCIL AND AS SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS •P�M S� O� O r�i u...`�p• 4//IOPM. CLOSED SESSION AGENDA Tuesday, October 4, 2017 — 4:00 p.m. City Hall, Small Conference Room 3200 East Tahquitz Canyon Way, Palm Springs Palm Springs, CA 92262 CONFERENCE WITH LEGAL COUNSEL. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following described matter(s) will prejudice the position of the City in existing and anticipated litigation. EXISTING LITIGATION G.C. 54956.9(d)(1) City of Palm Springs v. Kenneth Irwin Jr. Case No. PSC1606276, Riverside Superior Court, Palm Springs Division EXPOSURE TO LITIGATION G.C. 54956.9(d)(2) 3 Cases INITIATION OF LITIGATION G.C. 54956.9(d)(4) 1 Case CONFERENCE WITH REAL PROPERTY NEGOTIATOR G.C. 54956.8 Property Address/Description: 538 North Palm Canyon Dr., APN 505-325-003 Agency: City of Palm Springs City Negotiator: David H. Ready, City Manager or Designee Negotiating Parties: Palm Canyon Theatre Under Negotiation: Price and Terms of Payment Property Address/Description: 4449 N. Indian Canyon Dr., APN 669-330-047 Agency: City of Palm Springs City Negotiator: David H. Ready, City Manager or Designee Negotiating Parties: Desert Community College District Under Negotiation: Price and Terms of Payment (Acquisition) ^G5 CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA ��w s. i o� o s V N • A'y.rnN..O �,<I FO�N�P MINUTES WEDNESDAY, OCTOBER 18, 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. All members of the City Council were present. PUBLIC COMMENT (Council Chamber): No one came forth to address the Mayor and City Council. RECESS TO CLOSED SESSION (Small Conference Room): At 4:05 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: 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 PRESENTATIONS: Sabby Jonathan, Palm Desert Mayor Pro Tern, on behalf of the CVAG Homelessness Committee, discussed regional efforts and thanked the City of Palm Springs for its leadership. Dr. Les Zendle, Desert Healthcare District Board Director, presented a $103,000 check to the City for matching funds to help the homeless. � r City Council MINUTES October 18,2017 Page 2 Jill Oviatt, Coachella Valley Mosquito and Vector Control Public Information Officer, provided an update on West Nile Virus in the Coachella Valley. Nancy Stuart, Tram Board Representative, provided an update on ridership, annual passes, snow guessing contest, free programs, Tram Road Challenge, phone app, and Annual Tree Lighting. She thanked the Council for its support. ACCEPTANCE OF THE AGENDA: Interim City Clerk Hart noted to the Council that staff will request Items 2A and 213 to be tabled with no public testimony, continue the public hearing, and direct the City Clerk to post a notice of continuance. Mayor Pro Tern Foat pulled Items 1 D and 1 E for discussion. Councilmember Mills noted recusal on Item 1 K due to a conflict of interest. Councilmember Kors noted recusal on Item 1 K due to a conflict of interest. ACTION: Approve the agenda as presented with the removal of Items 1 D and 1 E pulled from the Consent Calendar, noting the recusal of Councilmember Kors and Councilmember Mills on Item 1 K. Motion by Councilmember Roberts, seconded by Councilmember Mills, and carried unanimously (5-0-0) on a roll call vote. REPORT OF CLOSED SESSION: City Attorney Kotkin announced that the Council discussed all three items of Existing Litigation, four matters of Exposure to Litigation, two items of Initiation of Litigation, and both Real Estate items, and no reportable action was taken. PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) Jeb Bonner, Deputy Director of Palm Springs Art Museum, encouraged continued progress on Special Item — Downtown Park. Donna Chaban-Delmas suggested the park be named Nellie Coffman Park. Steve Keylon encouraged the Council to name the park after Nellie Coffman and install the gates of the Desert Inn at the park. Daryl Terrell indicated support of the resolution to recognize Native American Day annually. Allen Worthy discussed his homeless situation. Les Young, Parks and Recreation Commission Chair, offered the Commission's services for planning the park. G7 City Council MINUTES October 18,2017 Page 3 Jerry Vogelsang, Director and Curator of Palm Springs Historical Society, urged the park be named for Nellie Coffman. Richard Noble commented on Item 11 and his submission of a resolution regarding Indigenous People's Day. CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS: City Manager Ready announced the following: • Standard and Poor's had upgraded the City's bond ratings • Southern California Association of Governments would be issuing a $200,000 grant for a City walkability plan • Grants from Riverside County Transportation for bicycle safety and facilities and the authority to apply for a grant through the Mountain Conservancy to purchase land in Items 2E and 2K Councilmember Kors, on behalf of the Homelessness Task Force, spoke on the Rapid Rehousing Program Report. Mayor Pro Tern Foat stated the Task Force would only meet quarterly and, at the last meeting, discussion ensued regarding the success of the Well of the Desert. Councilmember Kors spoke on the following: • An update on the Palm Springs Hospitality Board Meeting Association meeting • The Palm Springs Tourism Board and Convention Center to promote Palm Springs at the Gay Games in Paris in the Summer of 2018 • Announced the First Learning Day in Partnership with the Agua Caliente Band of Cahuilla Indians and the School District • The amicus brief in the case of Masterpiece Cakeshop vs. Colorado Civil Rights Commission The City Council directed the City Attorney to review the brief and submit on behalf of the City. Mayor Pro Tern Foat stated the cannabis matter had been postponed and suggested a subcommittee meeting to allow stakeholders additional opportunity for input. Mayor Moon asked if other Councilmembers could attend the subcommittee meeting. City Attorney Kotkin stated the Council could sit and audit the meeting. 1. CONSENT CALENDAR: ACTION: Approve Items 1A, 1 B, 1 C, 1 F, 1 G, 1 H, 11, 1 J, 1 K and 1 L. Motion by Councilmember Roberts, seconded by Councilmember Kors, carried unanimously (5-0-0) on a roll call vote, noting the recusal of Councilmember Kors and Councilmember Mills on Item 1K. � s City Council MINUTES October 18,2017 Page 4 A. TREASURER'S INVESTMENT REPORT AS OF AUGUST 31, 2017: ACTION: Receive and File the Treasurer's Investment Report as of August 31, 2017. Approved as part of the Consent Calendar. B. ACCEPT 2017 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT AWARD FROM THE U.S. DEPARTMENT OF JUSTICE IN THE AMOUNT OF $21,188 AND APPROVE AN INTERLOCAL AGREEMENT WITH THE COUNTY OF RIVERSIDE AND OTHER PARTICIPATING CITIES FOR GRANT ADMINISTRATION: ACTION: 1. Approve the acceptance of a grant award from the U.S. Department of Justice in the amount of $21,188 for the 2016 Justice Assistance Grant (JAG) Program, A5982; 2. Approve an interlocal agreement with the City of Riverside and other various cities within Riverside County, for the County of Riverside to administer the grant on behalf of participating agencies; and 3. Authorize-the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1. Adopt Resolution No. 24313, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 09- 09-2017 BY WARRANTS NUMBERED 420069 THROUGH 420079 TOTALING $18,077.10, LIABILITY CHECKS NUMBERED 1094562 THROUGH 1094581 TOTALING $79,744.88, FIVE WIRE TRANSFERS FOR $64,460.75, AND THREE ELECTRONIC ACH DEBITS OF $1,345,174.52 IN THE AGGREGATE AMOUNT OF $1,507,457.25, DRAWN ON BANK OF AMERICA;" 2. Adopt Resolution No. 24314, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1094582 THROUGH 1094678 IN THE AGGREGATE AMOUNT OF $1,065,783.56, DRAWN ON BANK OF AMERICA;" 3. Adopt Resolution No. 24315, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1094679 THROUGH 1094798 IN THE AGGREGATE AMOUNT OF $1,426,582.46, DRAWN ON BANK OF AMERICA;" and 4. Adopt Resolution No. 24216, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 09- 23-2017 BY WARRANTS NUMBERED 420080 THROUGH 420090 TOTALING $18,662.08, LIABILITY CHECKS NUMBERED 1094799 THROUGH 1094802 TOTALING $1,618.30, FIVE WIRE TRANSFERS FOR $4,189.71, AND THREE ELECTRONIC ACH DEBITS OF $1,496,595.87 IN THE AGGREGATE AMOUNT OF $1,521,065.96, DRAWN ON BANK OF AMERICA." City Council MINUTES October 18,2017 Page 5 Approved as part of the Consent Calendar. F. APPROVAL OF A GRANT OF EASEMENT FOR SOUTHERN CALIFORNIA EDISON COMPANY FOR THE INDIAN CANYON DRIVE WIDENING & BRIDGE REPLACEMENT PROJECT, CP 01-11, FEDERAL AID PROJECT NO. BRLO 5282 (017): ACTION: 1. Approve a Grant of Easement to Southern California Edison Company for two, ten feet (10') wide easements for overhead electrical supply systems and communication systems across the City property identified by Assessor's Parcel Number 669-070-002; and 2. Authorize the City Manager to execute all necessary documents associated with the grant of easement. Approved as part of the Consent Calendar. G. MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR CLASS 1 HISTORIC SITE LOCATED AT 1794 SOUTH ARABY DRIVE, A CLASS 1 HISTORIC SITE, HSPB 103/HD-6: ACTION: 1. Approve a Mills Act Historic Property Agreement with Osmundo R. Saguil and Park Imperial South Homeowners Association, for 1794 S Araby Drive, a Class 1 Historic Site, HSPB 103/HD-6, A7044; 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. H. AWARD THE PURCHASE OF 12 TASK FORCE TIP NOZZLES TO OUTFIT THREE (3) NEW FIRE ENGINES: ACTION: 1. Award the purchase of 12 complete Task Force Tip (TFT) nozzles to outfit three (3) new fire engines from LN Curtis & Sons in the amount of $40,439.68, including applicable sales tax and delivery; and 2. Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. I. RECOGNIZE AND PROCLAIM ANNUALLY THE 4TH FRIDAY IN SEPTEMBER AS NATIVE AMERICAN DAY: ACTION: Adopt Resolution No. 24317, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOGNIZING AND PROCLAIMING ANNUALLY THE 4TH FRIDAY IN SEPTEMBER TO BE NATIVE AMERICAN DAY IN THE CITY OF PALM SPRINGS." Approved as part of the Consent Calendar. J. AGREEMENT WITH SWAGIT PRODUCTIONS, LLC IN THE AMOUNT OF $17,400 ANNUALLY FOR VIDEO STREAMING, VIDEO INDEXING, AND ARCHIVING SERVICES, AND A ONE-TIME COST OF $4,800 TO MIGRATE VIDEOS FROM JANUARY 2006 THROUGH JULY 2017: ACTION: City Council MINUTES October 18,2017 Page 6 1. Authorize the single source procurement of video streaming, video indexing, and archiving services from Swagit Productions LLC; 2. Approve an agreement with Swagit Productions LLC in the amount of $17,400 annually, for video streaming, video indexing, archiving services, and unlimited support, and a one-time charge in the amount of $4,800 for the migration of videos from January 2006 through July 2017, for a total cost of $22,200 in Fiscal Year 2017-18 in a form approved by the City Attorney, A7045; and 3. Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. K. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY OF PALM SPRINGS TO APPLY FOR PROPOSITION 1 GRANT FUNDS THROUGH THE COACHELLA VALLEY MOUNTAINS CONSERVANCY FOR THE ACQUISITION OF PRIVATELY OWNED PROPERTIES ON THE CHINO CONE FOR PRESERVATION OF OPEN SPACE: ACTION: Adopt Resolution No. 24318, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUPPORTING AND AUTHORIZING SUBMITTAL OF AN APPLICATION FOR GRANT FUNDS FOR THE ACQUISITION OF PRIVATELY OWNED PROPERTIES ON THE CHINO CONE FOR PRESERVATION OF OPEN SPACE FROM THE COACHELLA VALLEY MOUNTAINS CONSERVANCY PROPOSITION 1 PROGRAM, AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL SUCH APPLICATIONS AND AGREEMENTS." Approved as part of the Consent Calendar. L. APPROVAL OF MINUTES: ACTION: Approve the City Council Minutes of June 21, 2017. Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: D. AMENDMENT NO. 5 TO CONSULTING SERVICES AGREEMENT NO. A6503 WITH TRITON TECHNOLOGY SOLUTIONS, INC., IN THE AMOUNT OF $3,915 FOR THE COUNCIL CHAMBER AUDIOVISUAL SYSTEM UPGRADE, CP 15-06: ACTION: 1. Approve Amendment No. 5 to the Consulting Services Agreement with Triton Technology Solutions, Inc., in the amount of $3,915, for a revised total contract amount of $88,045, A6503; and 2. Authorize the City Manager to execute all necessary documents. It was the consensus of the Council to table this item. No action was taken. E. APPROVE AN AGREEMENT WITH THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) FOR FUNDING UNDER SENATE BILL (SB) 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM, MISSING LINKS SIDEWALKS, CP 15-23: i� City Council MINUTES October 18,2017 Page 7 Mayor Pro Tern Foat requested Assistant City Manager Fuller provide a staff report. Assistant City Manager present the staff report. ACTION: 1. Approve Agreement with Riverside County Transportation Commission for Funding under SB 821 Bicycle and Pedestrian Facilities Program in an amount not to exceed $277,500 for the Missing Links Sidewalks; CP 15- 23, RCTC Agreement No. 18-62-053-00, A7043; and 2. Authorize the City Manager to execute all necessary documents. Motion by Mayor Pro Tem Foat, seconded by Councilmember Kors, carried unanimously (5-0-0) on a roll call vote. SPECIAL ITEM: DOWNTOWN PARK CONCEPTUAL DESIGN: Mark Rios, of Rios, Clemente, Hail, thanked the Downtown Subcommittee and community. He provided an overview of the comprehensive public process, project evolution, and online survey. He presented the final concept including the site plan. Nate Cormier presented the park sections including the Grove, Spring and Cloud, and Outcrop and Theater. He reviewed use scenarios and views from inside the park. Council discussion included the following: • The proposed locations of permanent toilets, security office, and relocation of the elevator, which was not included in the budget • The project schedule and anticipated mid to late 2019 opening • Suggested a service path and fencing • The land purchase and construction was funded by Measure J dollars 2. PUBLIC HEARINGS: A. CONSIDERATION OF A ACTION BY THE HISTORIC SITE PRESERVATION BOARD FOR CLASS 1 HISTORIC SITE DESIGNATION OF "THE CROCKER—CITIZENS NATIONAL BANK" LOCATED AT 1711 EAST PALM CANYON DRIVE, ZONE CSC, CASE HSPB 109: ACTION: 1. Table the Public Hearing with no public testimony at this time; 2. Continue the Public Hearing to November 1, 2017; and 3. Direct the City Clerk to post a Notice of Continued Public Hearing pursuant to law. Motion by Councilmember Kors, seconded by Councilmember Roberts, carried unanimously on a roll call vote. 7 City Council MINUTES October 18,2017 Page 8 B. PROPOSED ORDINANCE TO AMEND THE PALM SPRINGS ZONING CODE (PSZC) RELATING TO REQUIREMENTS FOR ADULT-USE CANNABIS FACILITIES AND MEDICAL CANNABIS FACILITIES, CASE 5.1218-F ZTA: ACTION: 1. Table the Public Hearing with no public testimony at this time; 2. Continue the Public Hearing to November 15, 2017; and 3. Direct the City Clerk to post a Notice of Continued Public Hearing pursuant to law. Motion by Councilmember Kors, seconded by Mayor Pro Tern Foat, carried unanimously on a roll call vote. 3. LEGISLATIVE: None At 7:46 p.m. Mayor Moon recessed the meeting. At 7:55 p.m. Mayor Moon reconvened the meeting with all Councilmembers present 5. NEW BUSINESS: A. MEMORANDUM OF UNDERSTANDING (MOU) WITH THE DESERT HEALTHCARE FOUNDATION (DHCF) FOR MATCHING FUNDS FROM DHCF'S WEST VALLEY HOMELESSNESS INITIATIVE: Councilmember Mills recused himself since the Healthcare District was a client and exited Council Chamber. Director of Community and Economic Development Virata provided the staff report. Council discussion ensued. ACTION: 1. Approve the Memorandum of Understanding with the Desert Healthcare Foundation for the matching funds from the West Valley Homelessness Initiative, A7046; and 2. Authorize the City Manager to execute a MOU with the Desert Healthcare Foundation in accepting the match funds from the West Valley Homelessness Initiative for expanded personnel and support of wrap-around services, up to $450,000. Motion by Councilmember Roberts, seconded by Councilmember Kors, and carried (4-0-1, Councilmember Mills recused) by a majority roll call vote. Councilmember Mills returned to the dais. B. AN APPLICATION BY TRIO RESTAURANT FOR AN ART MURAL ON A COMMERCIAL RESTAURANT BUILDING LOCATED AT 707 NORTH PALM CANYON DRIVE, CASE 17-001 MUR: 73 City Council MINUTES October 18,2017 Page 9 Director of Planning Services Fagg presented the staff report. ACTION: Adopt Resolution No. 24319, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ART MURAL ON THE COMMERCIAL RESTAURANT BUILDING AT 707 NORTH PALM CANYON DRIVE, ZONE C-1, CASE 17-001 MUR." Motion by Councilmember Roberts, seconded by Mayor Pro Tam Foat, carried unanimously (5-0-0) on a roll call vote. C. APPOINT TWO (2) MEMBERS OF THE CITY COUNCIL TO A STATE OF THE CITY ADDRESS AD HOC SUBCOMMITTEE WITH A SUNSET DATE OF DECEMBER 31, 2018 (REQUESTED BY MAYOR PRO TEM FOAT ON 10/04/17): Council discussion ensued. ACTION: Appoint Councilmember Kors and Councilmember Roberts to a State of the City Address Ad Hoc Subcommittee with a sunset date of December 31, 2018. Motion by Mayor Pro Tam Foat, seconded by Councilmember Kors, carried on a majority (3-2-0, Councilmember Mills and Mayor Moon dissenting) roll call vote. D. APPOINT A LIAISON FOR PALM SPRINGS TOURISM AND HOSPITALITY ASSOCIATIONS (REQUESTED BY MAYOR PRO TEM FOAT ON 10/04/17): Council discussion ensued. ACTION: Appoint Councilmember Kors as a liaison for Palm Springs Tourism and Hospitality Associations. Motion by Mayor Pro Tam Foat, seconded by Councilmember Roberts, carried on a majority (4-1, Mayor Moon dissenting) vote. E. APPOINT TWO (2) MEMBERS OF THE CITY COUNCIL TO A CONVENTION CENTER TOURISM AND MANAGEMENT SERVICES AGREEMENT AD HOC SUBCOMMITTEE WITH THE SUNSET DATE OF JUNE 30, 2018: City Manager Ready presented the staff report. Council discussion ensued. ACTION: Appoint Councilmember Kors and Mayor Moon to a Convention Center Tourism and Management Services Agreement Ad Hoc Subcommittee with a sunset date of June 30, 2018. Motion by Councilmember Kors, seconded by Mayor Pro Tam Foat, carried 4-1-0 (Councilmember Mills dissenting) on a roll call vote. 7 : City Council MINUTES October 18,2017 Page 10 PUBLIC COMMENT: (Non-Agenda Items) Daniel Quirk commended the services provided by the Palm Springs Animal Shelter. Allen Worthy expressed opposition to former City Attorney Holland. Roger Tansey discussed his involvement in the animal shelter and positive impact on the volunteers. He expressed concern about potential cuts if Measure D failed. Carey Brazeman stated he would be filing a complaint against the Crossly wall of trees. Andre Shumate discussed his volunteerism at the animal shelter and community involvement. Michelle Kanan addressed the Council in support of the animal shelter. Vicky Santos, Friends of the Palm Springs Animal Shelter, indicated support for Measure D and discussed the quality of the animal shelter. Les Young asked about swearing in of public safety officers. Councilmember Roberts stated officers could be sworn in at Council meetings. Mr. Young announced that the Parks and Recreation Commission had two openings. Daryl Terrell presented ideas to assist the City fiscal issues. Mayor Pro Tern Foat discussed the subcommittee with the animal shelter working on new ordinances related to backyard breeding. CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT: Mayor Pro Tern Foat requested the animal regulations come before the Council before her term expired. Councilmember Kors stated the Sustainability Commission wanted to meet with a Council liaison regarding the ordinance on construction debris. City Manager Ready suggested the Council appoint a liaison. He confirmed there was still an ad hoc committee. Councilmember Kors requested an item to appoint a liaison for the commissions. Councilmember Roberts informed the Council of his request to appeal the Planning Commission decision regarding the Desert X Mirage House. He requested an agenda item to receive an update on La Plaza Theater. Mayor Moon requested confirmation from the Tram Board regarding access to the Mirage House art piece. City Attorney Kotkin explained the need to review the sale agreement and services agreement with Selene Palm Springs, LLC in Closed Session. 7 City Council MINUTES October 18,2017 Page 11 Mayor Moon recessed the meeting to Closed Session. Mayor Moon reconvened the meeting with all Councilmembers present. 4. UNFINISHED BUSINESS: A. AMENDMENTS TO THE PURCHASE AND SALE AGREEMENT AND SERVICES AGREEMENT WITH SELENE PALM SPRINGS, LLC, FOR THE DREAM HOTEL PROJECT LOCATED AT THE NORTHEAST CORNER OF CALLE ALVARADO AND EAST AMADO ROAD: City Attorney Kotkin presented the staff report. ACTION: 1. Approve Amendment No. 8 to the Purchase and Sale Agreement No. A6329 with Selene Palm Springs, LLC, related to the Dream Hotel Project; 2. Approve Amendment No. 2 to the Services Agreement No. A6329 with Selene Palm Springs, LLC, related to the Dream Hotel Project; and 3. Authorize the City Manager to execute all necessary documents. Motion by Mayor Pro Tern Foat, seconded by Councilmember Mills, and carried unanimously (5-0-0) on a roll call vote. ADJOURNMENT: At 9:35 p.m., the City Council adjourned to the next regular meeting Tuesday, November 1, 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, ICE - Kathleen D. Hart, MMC Interim City Clerk 7r City Council MINUTES October 18,2017 Page 12 CERTIFICATION STATE OFCALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITYOF PALM SPRINGS ) I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, California, hereby certify that the October 18, 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: NOES: ABSENT: ABSTAIN: RECUSAL: Kathleen D. Hart, MMC Interim City Clerk 7 y Exhibit A CITY COUNCIL AND AS SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS arywarw a i 0 •a rA'r......�`P. 7l/fOrN CLOSED SESSION AGENDA Wednesday, October 18, 2017 —4:00 p.m. City Hall, Small Conference Room 3200 East Tahquitz Canyon Way, Palm Springs Palm Springs, CA 92262 CONFERENCE WITH LEGAL COUNSEL. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following described matter(s) will prejudice the position of the City in existing and anticipated litigation. EXISTING LITIGATION G.C. 54956.9(d)(1) City of Palm Springs v. Kenneth Irvin Jr. Case No. PSC1606276, Riverside Superior Court, Palm Springs Division Jamieson Brown v. City of Palm Springs Case No. RIC1703302, Riverside Superior Court, Riverside Division Lockwood Ave LLC et al v. City of Palm Springs Case No. RIC1703102, Riverside Superior Court, Riverside Division EXPOSURE TO LITIGATION G.C. 54956.9(d)(2) Eight (8) Cases INITIATION OF LITIGATION G.C. 54956.9(d)(4) Four (4) Cases 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) Property Address/Description: APN 669-330-029 Agency: City of Palm Springs City Negotiator: David H. Ready, City Manager or Designee Negotiating Parties: Desert Community College District Under Negotiation: Price and Terms of Payment 708 CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA `p4 tlM fie* iy P V N •C, IfORNP MINUTES WEDNESDAY, NOVEMBER 1, 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( ) Y 9 to order at 4:03 p.m. All members of the City Council were present. City Attorney Kotkin requested the City Council consider adding one item. The information was received after the posting of the agenda. Smith and Haberman v. Andrew Adler and Alta Verde Sereno, LLC, et al. Case No. PSC 1606441, Riverside Superior Court, Palm Springs Division 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 one (1) item pursuant to Cal. Gov. Code Section 54956.9(e)(3) as shown below: Smith and Haberman v. Andrew Adler and Alta Verde Sereno, LLC, et al. Case No. PSC 1606441, Riverside Superior Court, Palm Springs Division PUBLIC COMMENT (Council Chamber): No members of the public were present. RECESS TO CLOSED SESSION Small Conference Room): At 4:04 .m. the Mayor ( ) P Y 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: Mayor Moon led the salute to the flag. 70 City Council MINUTES November 1,2017 Page 2 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: Mayor Pro Tern Foat introduced Yolanda, an adoptable dog from the Animal Shelter, noted the Animal Shelter is celebrating its five-year anniversary, and encouraged the adoption of pets. ACCEPTANCE OF THE AGENDA: Councilmember Mills pulled Item 1 K from the Consent Calendar for discussion. ACTION: Approve the agenda as presented with the removal of Item 1 K pulled from the Consent Calendar. Motion by Councilmember Kors, seconded by Mayor Pro Tern Foat, and carried unanimously (5-0-0) on a roll call vote. REPORT OF CLOSED SESSION: City Attorney Kotkin announced that the Council convened and added an item — Smith and Haberman v. Andrew Adler and Alta Verde Sereno, LLC, et al., Case No. PSC 1606441, Riverside Superior Court, Palm Springs Division. He stated the Council did not consider the Lockwood Avenue, LLC matter but did discuss three of four matters of Exposure to Litigation, with Mayor Moon who recused himself from one of the matters. He stated the Council discussed one case of Initiation of Litigation, and the Real Estate matter regarding the baseball stadium and gave direction with respect to the litigation and property negation matter, with no reportable action. PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) Harold Baumea discussed traffic near Villa Escuela and encouraged approval of Item 5A. Richard Bowman discussed increased traffic speeds at the intersection of Allejo and Farrell Drive and requested support of traffic calming under Item 5A. Barb Kaplan expressed concern with traffic on Racquet Club and speed bumps and requested the Council approve traffic calming. Ken Catterlin discussed traffic concerns on North Farrell Drive and urged approval of Item 5A. Jeff Clarkson indicated support for the traffic calming measures under Item 5A. u� City Council MINUTES November 1,2017 Page 3 Ken Nelson discussed traffic in his neighborhood and urged approval of Item 5A. Roger Bertrand urged adoption of Item 5A. Jim Gazan encouraged the Council to approve staffs recommendation on Item 5A. Rick Berg indicated support for traffic calming, Item 5A. Maurice Wilson stated speed cushions would not be effective on Racquet Club and suggested roundabouts. Dennis Woods urged roundabouts rather than speed cushions on Racquet Club Road. Bradley Kane discussed dangerous pedestrian situations on Racquet Club. CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS: City Manager Ready discussed an article Capital of Cool highlighting the City. Councilmember Mills reported on the Tram Visitor Center project Request for Proposals to develop a master plan concept. Mayor Pro Tern Foat asked if Councilmember Mills would continue as liaison after his term on Council. Councilmember Mills stated he would continue if it was the desire of the Council. Councilmember Roberts provided an update on the Downtown Subcommittee (Councilmember Roberts and Councilmember Mills) including new parking spaces, Stonehenge Hotel, Virgin Hotel, Downtown Park, new streets, and Town and Country Center's temporary facelift. Mayor Pro Tern Foat stated she and Councilmember Kors held a public hearing on cannabis regulations. Councilmember Kors added that the City started accepting applications. City Attorney Kotkin stated there had been well over 100 inquiries. Councilmember Kors stated the Convention Center had received inquiries about cannabis conventions. Mayor Pro Tern Foat discussed consideration of cannabis cafes. She stated the matter would come before the Council on November 15. Councilmember Kors discussed the community choice aggregation, Desert Community Energy, and expected launch in June 2018. He announced Pride Weekend and flags at LGBT Center. He announced the First Learning Day on November 18, 9 am to 2 pm, focused on the Agua Caliente Band of Cahuilla Indians and Native American Culture and History. He invited resident to a Town Hall hosted by him and Councilmember Roberts on November 29, 6 pm regarding issues of importance. 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 L, and 1 M. Motion by Councilmember Roberts, seconded by Councilmember Kors, carried unanimously on a roll call vote. 3� City Council MINUTES November 1,2017 Page 4 A. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1. Adopt Resolution No. 24320, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1094803 THROUGH 1094914 IN THE AGGREGATE AMOUNT OF $1,381,263.04, DRAWN ON BANK OF AMERICA;" and 2. Adopt Resolution No. 24321, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1094915 THROUGH 1095040 IN THE AGGREGATE AMOUNT OF $1,943,009.66, DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar. B. MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 1766 SOUTH ARABY DRIVE, A CLASS 1 HISTORIC SITE, HSPB 103l1-113-6: ACTION: 1. Approve a Mills Act Historic Property Agreement with Jennifer Parker-Stanton and Park South Homeowners Association, for 1766 South Araby Drive, a Class 1 Historic Site, HSPB 103/HD-6, A7047; 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. C. ACCEPTANCE OF THE 2016 PAVEMENT REHABILITATION PROJECT, CP 16-01: ACTION: 1 . Accept the 2016 Pavement Rehabilitation Project as completed in accordance with the plans and specifications, CP 16-01, A6878; and 2. Authorize the City Engineer to execute and file a Notice of Completion for the 2016 Pavement Rehabilitation with the Riverside County Recorder. Approved as part of the Consent Calendar. D. APPOINTMENT TO THE ADMINISTRATIVE APPEALS BOARD FOR THE UNEXPIRED TERM ENDING JUNE 30, 2018: ACTION: Appoint Bruce Cronanderto the Administrative Appeals Board for the unexpired term ending June 30, 2018. Approved as part of the Consent Calendar. E. APPOINTMENT TO THE COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT BOARD OF TRUSTEES: ACTION: Re-appoint Douglas Kunz to the Coachella Valley Mosquito and Vector Control District Board of Trustees for the term ending December 31, 2021. Approved as part of the Consent Calendar. F. AUTHORIZE A PURCHASE ORDER WITH INTERWEST CONSULTING GROUP, INC. FOR ON-CALL PROJECT MANAGEMENT AND ENGINEERING COORDINATION ON VARIOUS PUBLIC WORKS PROJECTS: 82 City Council MINUTES November 1,2017 Page 5 ACTION: 1. Authorize the issuance of a Purchase Order in an amount sufficient to cover the costs of required services pursuant to On-Call Agreement No. A6686 on a "pass through" basis, with funds received for Federal, State, Regional, and locally funded capital projects to Interwest Consulting Group, Inc., for the duration of their On-Call Agreement for Public Works capital project construction management and inspection services; and 2. Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. G. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID THE 2017 ADA CURB RAMPS AND LIBRARY SIDEWALK, CP 17-11: ACTION: Approve the plans, specifications and estimate and authorize staff to advertise and solicit bids for the 2017 ADA Curb Ramps and Library Sidewalk, CP 17-11. Approved as part of the Consent Calendar. H. REPORT OF EMERGENCY REPLACEMENT OF HYDRAULIC PORTABLE TRUCK LIFT AT THE PALM SPRINGS FLEET OPERATIONS FACILITY PURSUANT TO MUNICIPAL CODE SECTION 7.04.040: ACTION: Receive and file the report for the emergency replacement of the hydraulic portable truck lift. Approved as part of the Consent Calendar. I. AMENDMENT NO. 1 TO THE WASTEWATER SERVICES AGREEMENT NO. A6804 WITH VEOLIA WATER WEST OPERATING SERVICES, INC. FOR DEVELOPMENT AND IMPLEMENTATION OF A MUNICIPAL INDUSTRIAL PRETREATMENT PROGRAM AND STUDIES: ACTION: 1. Approve Amendment No. 1 to the Wastewater Services Agreement (Operations & Maintenance) with Veolia Water West Operating Services Inc. for development and implementation of a Municipal Industrial Pretreatment Program and studies to comply with the California Regional Water Quality Control Board Order R7-2017-013, A6804; 2. Authorize the issuance of a Purchase Order in the amount of $145,636 to Veolia Water West Operating Services, Inc. for preparation of various technical studies required by the California Regional Water Quality Control Board pursuant to its Order R7-2017-0013; and 3. Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. J. NON-MONETARY MODIFICATION TO THE MEMORANDUMS OF UNDERSTANDING WITH THE PALM SPRINGS FIRE SAFETY ASSOCIATION AND PALM SPRINGS FIRE MANAGEMENT ASSOCIATION REGARDING THE BODY PIERCING AND TATTOO POLICY: ACTION: 1. Adopt Resolution No. 24322, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING 33 City Council MINUTES November 1,2017 Page 6 MODIFICATION OF THE MEMORANDUMS OF UNDERSTANDING WITH THE PALM SPRINGS FIRE SAFETY ASSOCIATION AND PALM SPRINGS FIRE MANAGEMENT ASSOCIATION, A5364, A5428;" and 2. Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. L. APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. F047, WITH THE STATE OF CALIFORNIA FOR USE OF CONGESTION MITIGATION AND AIR QUALITY (CMAQ) FEDERAL-AID FUNDS FOR CLASS II AND CLASS III BICYCLE LANES, CP 14-14, FEDERAL-AID PROJECT NO. CML-5282 (044): ACTION: Adopt Resolution No. 24323, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. F047 TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282F15 WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $401,926 FOR USE OF CONGESTION MITIGATION AND AIR QUALITY (CMAQ) FEDERAL-AID FUNDS FOR CLASS II AND CLASS III BICYCLE LANES, CP 14-14, FEDERAL- AID PROJECT NO. CML-5282 (044), AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF PALM SPRINGS." A7048. Approved as part of the Consent Calendar. M. APPROVAL OF MINUTES: ACTION: Approve the City Council Minutes of July 5, 2017, and July 6, 2017. Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: K. AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH CNS ENGINEERS, INC. IN THE AMOUNT OF $219,454.44 FOR THE SOUTH PALM CANYON BRIDGE REPLACEMENT AT TAHQUITZ CREEK CHANNEL, CP 12-02, FEDERAL-AID PROJECT NO. BRLS-5282 (042): Councilmember Mills requested clarification. ACTION: 1. Approve Amendment No. 3 to Agreement No. A6594 with CNS Engineers, Inc. in the amount of $219,454.44, for an increased total contract amount of $1,215,457.59, for the South Palm Canyon Bridge Replacement at Tahquitz Creek Channel, CP 12-02, Federal Aid Project No. BRLS-5282 (042); and 2. Authorize the City Manager to execute all necessary documents. Motion by Councilmember Mills, seconded by Mayor Pro Tem Foat, carried unanimously (5-0-0) on a roll call vote. 2. PUBLIC HEARINGS: A. A REQUEST FOR CITY COUNCIL REVIEW OF AN ACTION BY THE PLANNING COMMISSION TO DENY A LAND USE PERMIT APPLICATION BY 3 � City Council MINUTES November 1,2017 Page 7 DOUG AITKEN WORKSHOP FOR A TEMPORARY ART EXHIBIT ON LOT 22 (WINTER SUN DRIVE) OF THE DESERT PALISADES DEVELOPMENT, ZONE ESA-SP, CASE LUP 17-029: Director of Planning Services Fagg presented the staff report. Mayor Moon opened the public hearing. Barb Kaplan spoke of the impacts on Racquet Club Road and stated she would support the exhibit if accessed via Tramway. Peter MacFarlane stated he owned both properties on the corners of Palermo and Racquet Club and discussed impacts to the neighborhood. He stated Tramway could not accommodate additional traffic. David Dry, Vista Drive, stated the art exhibit was scheduled to be removed in August. He stated the residents were universally against the project. Dennis Woods, Little Tuscany Neighborhood Organization, discussed the trauma to existing residents by the Desert Palisades development. He stated the Little Tuscany Neighborhood Organization opposed the Mirage House, but if approved requested effective traffic calming be installed on Racquet Club. Bradley Kain stated the Mirage House was scheduled to leave in April. He discussed violations of the land use permit and impact to the neighborhood. No others came forth to address the City Council; therefore, Mayor Moon closed public hearing. Council discussion ensued. ACTION: Adopt a Resolution, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, APPROVING A LAND USE PERMIT APPLICATION BY DOUG AITKEN WORKSHOP FOR A TEMPORARY ART EXHIBIT ON LOT 22 OF THE DESERT PALISADES DEVELOPMENT (CASE LUP 17-029).", including conditions to restrict hours, limit to 75 visitors, shuttled up Tramway Road, traffic barricade direct people off Racquet Club and up Tramway and Mayor Pro Tern Foat's conditions requiring written permission from Tramway Road and Visitor Center, contract for shuttle services, solar powered message board on Racquet Club Road and Tramway Road, and evaluation from the neighborhood after one month from permit issuance. City Attorney Kotkin added a condition to require proof of insurance for the shuttle satisfactory to the City Attorney. Motion by Councilmember Roberts, seconded by Mayor Pro Tern Foat, failed (2-3-0, Councilmember Kors, Councilmember Mills and Mayor Moon dissenting) on a roll call vote. B. CONSIDERATION OF A RECOMMENDATION BY THE HISTORIC SITE PRESERVATION BOARD FOR CLASS 1 HISTORIC SITE DESIGNATION OF �S � City Council MINUTES November 1,2017 Page 8 "THE CROCKER—CITIZENS NATIONAL BANK" LOCATED AT 1711 EAST PALM CANYON DRIVE, ZONE CSC, CASE HSPB 109: Director of Planning Services Fagg presented the staff report. Mayor Moon opened the public hearing. Diane Blasdel, representing the property owner, stated the City's expert concluded that the property was not deserving nor subject to the designation. She discussed the prior remodels in 1981 and 1997 compromising the architecture of the building and directed attention to Pages 46 and 47. She stated there was no evidence to support the Board's findings for a Class 1 designation. She stated the use of the property was irrelevant and urged the Council to deny the Class 1 designation and approve the demolition permit. Dick Burkett, Vice Chair of Historic Site Preservation Board, stated the Board had recommended the Crocker-Citizens Nation Bank as a Class 1 Historic site. He stated the current membership was qualified. He discussed the anchors of the center. No others came forth to address the City Council; therefore, Mayor Moon closed the public hearing. Council discussion ensued. ACTION: Support the recommendation of the HSPB and adopt Resolution No. 24324, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE CROCKER-CITIZENS NATIONAL BANK LOCATED AT 1711 EAST PALM CANYON DRIVE AS A CLASS 1 HISTORIC SITE, HSPB 109." Motion by Councilmember Roberts, seconded by Mayor Moon, carried on a majority (4-0-1, Councilmember Mills dissenting) roll call vote. At 8:25 p.m. Mayor Moon recessed the meeting. At 8:39 p.m. Mayor Moon reconvened the meeting with all Councilmembers present. 3. LEGISLATIVE: None 4. UNFINISHED BUSINESS: None 5. NEW BUSINESS: A. NEIGHBORHOOD TRAFFIC CALMING PROGRAM REQUESTS: Assistant City Manager Fuller presented the staff report. Council discussion ensued. � s City Council MINUTES November 1,2017 Page 9 ACTION: 1. Approve traffic calming improvements for the Little Tuscany Neighborhood consisting of installation of three rubberized speed cushions on W. Racquet Club Road (Tuscany Heights Dr. to N. Palm Canyon Dr.) at a cost not to exceed $30,000; 2. Approve traffic calming improvements for the Gene Autry Neighborhood consisting of installation of four rubberized speed cushions on E. Via Escuela at a cost not to exceed $30,000; 3. Approve traffic calming improvements for the Demuth Park Neighborhood consisting of installation of four speed feed-back signs on Mesquite Avenue (El Cielo Road to Vella Road) at a cost not to exceed $25,000; 4. Approve traffic calming improvements for the Sunrise Park Neighborhood consisting of the installation of four speed feed-back signs and installation of painted parking spaces on Farrell Drive (Tamarisk Road to Tahquitz Canyon Way) at a cost not to exceed $50,000; and 5. Authorize the City Manager to execute Purchase Orders to facilitate installation of the traffic calming improvements with a total cumulative cost not to exceed of$135,000. 6. Direct staff to research and study for a stop sign at Amado and Farrell Motion by Councilmember Roberts, seconded by Mayor Pro Tem Foat, carried unanimously (5-0-0) on a roll call vote. Councilmember Mills stated he has a conflict of interest and exited the Council Chamber. B. COOPERATIVE AGREEMENT WITH THE COUNTY OF RIVERSIDE, RIVERSIDE UNIVERSITY HEALTH SYSTEM-BEHAVIORAL HEALTH FOR HOMELESS OUTREACH SERVICES: Director of Community & Economic Development Virata presented the staff report. Council discussion ensued. RECOMMENDATION: Approve the Cooperative Agreement with the County of Riverside, Riverside University Health System-Behavioral Health for Homeless Outreach Services, as acceptable to the City Attorney, in the amount of $330,000 annually (50% in the approximate amount of $165,000 to be paid with matching funds from the Desert Healthcare Foundation). A7049. ACTION: Continued to November 15, 2017. Motion by Councilmember Roberts, seconded by Mayor Pro Tem Foat, carried by a majority (4-0-1, Councilmember Mills recused) roll call vote. Councilmember Mills returned to the dais. C. APPROVE CONTRACT CHANGE ORDER NO. 1 TO HAL HAYS CONSTRUCTION INC. IN THE AMOUNT OF $8379090 FOR THE POLICE DEPARTMENT REMODEL, CP 15-05: 37 City Council MINUTES November 1,2017 Page 10 City Manager Ready presented the staff report. ACTION: 1. Approve Contract Change Order No. 1 in the amount of $837,090 to the construction contract (Agreement No. A7038) with Hal Hays Construction, Inc. to add Bid Schedule 400, Men's and Women's Locker Rooms scope of work as part of the Police Department Remodel Project, CP 15-05; 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. D. AUTHORIZE THE PURCHASE OF 25 NEW REPLACEMENT VEHICLES AND EQUIPMENT IN AN AMOUNT NOT TO EXCEED $1,600,000: City Manager Ready highlighted the purchase of police vehicles and recommended approval. Council discussion ensued. ACTION: 1. In accordance with Palm Springs Municipal Code Section 7.09.010, "Cooperative Purchasing Programs," approve the purchase of 19 new Ford Utility Interceptors, or equivalent patrol vehicle model, for the Police Department to replace Units 203909, 207603, 203208, 201107, 202606, 204608, 202803, 205607, 207208, 202509, 208608, 2D5307, 200809, 2D1111, 2D3508, 201306, 201608, 2D3106, and 2D4106 through the Lease Servicing Center, Inc., dba National Cooperative Leasing, through the National Joint Powers Alliance Cooperative Contract 032615-NCL; 2. Adopt Resolution No. 24325, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE NEGOTIATION, EXECUTION, AND DELIVERY OF A PURCHASE ORDER IN THE PRINCIPAL AMOUNT OF $766,430.55 BETWEEN LEASE SERVICING CENTER, INC., DBA NATIONAL COOPERATIVE LEASING AND THE CITY OF PALM SPRINGS, CALIFORNIA; PROVIDING 60 LEASE PAYMENTS OF $14,024.31 EACH FROM LEGALLY AVAILABLE FUNDS; AND PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH;" 3. After receipt of replacement vehicles, declare the existing Police Department patrol vehicles, Units 203909, 207603, 203208, 201107, 202606, 204608, 202803, 205607, 207208, 202509, 208608, 2D5307, 200809, 2D1111, 2D3508, 201306, 201608, 2D3106, and 2D4106 as surplus vehicles and authorize the City Manager, or designee, to sell at public auction in accordance with Chapter 7.07 of the Palm Springs Municipal Code; 4. Authorize the purchase of 4 new Ford F-150 trucks, or equivalent sport utility vehicle model, including required outfitting, for the Police Department and Maintenance/Facilities Department to replace Units 2D7506, 203002, 209302, and 505298; 5. Authorize the purchase of 1 new Ford E-150 15 passenger van, or equivalent vehicle model, including required outfitting, for the Police Department to replace Unit 209098; 8 F, City Council MINUTES November 1,2017 Page 11 6. Authorize the purchase of 1 new Ford F-350 truck, or equivalent vehicle model, including required outfitting, for the Maintenance/Facilities Department to replace Unit 990999; and 7. Authorize staff to conduct the appropriate bid processes, or utilize cooperative purchase contracts if available, in accordance with Procurement procedures and authorize the City Manager to execute all necessary documents, including Purchase Orders for the new replacement vehicles and equipment, in a total cumulative amount not to exceed $1,600,000. Motion by Mayor Pro Tem Foat, seconded by Councilmember Kors, carried unanimously (5-0-0) on a roll call vote. E. ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR THE EAST PALM CANYON BRIDGE REHABILITATION OVER PALM CANYON WASH, FEDERAL AID PROJECT NO. BRLS-5282 (041), CP 12-04: Assistant City Manager Fuller presented the staff report. Council discussion ensued. ACTION: 1. Adopt Resolution No. 24326 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AND ORDERING THE FILING OF A MITIGATED NEGATIVE DECLARATION FOR THE EAST PALM CANYON BRIDGE REHABILITATION OVER PALM CANYON WASH, FEDERAL AID PROJECT NO. BRLS-5282 (041), CP 12-04;" 2. Authorize the City Manager to enter into Consulting Services Agreements and a Compliance Monitoring and Funding Agreement with the Center for Natural Lands Management in the aggregate amount not to exceed $250,000 as needed to establish a permanent 5.13 acre Casey's June Beetle Preserve over that certain City property identified by Assessor's Parcel Number 510- 210-003, inclusive of authorization to execute a Conservation Easement Deed, A6140, A6204; and 3. Authorize the City Manager to execute all related documents. Motion by Councilmember Mills, seconded by Mayor Pro Tern Foat, carried unanimously (5-0-0) on a roll call vote. PUBLIC COMMENT: (Non-Agenda Items) Daryl Terrell discussed the upcoming election and expressed hope in the future. CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT: Councilmember Roberts reported on the Holiday Light Parade float. City Council MINUTES November 1,2017 Page 12 ADJOURNMENT: At 9:44 p.m., the City Council adjourned to the next regular meeting Wednesday, November 15, 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 STATE OFCALIFORNIA ) COUNTYOF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, California, hereby certify that the November 1, 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: NOES: ABSENT: ABSTAIN: RECUSAL: Kathleen D. Hart, MMC Interim City Clerk Exhibit A CITY COUNCIL AND AS SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS yn�M ea x°t e r C�1.�M��P r �11i°lY\ CLOSED SESSION AGENDA Wednesday, November 1, 2017 — 4:00 p.m. City Hall, Small Conference Room 3200 East Tahquitz Canyon Way, Palm Springs Palm Springs, CA 92262 CONFERENCE WITH LEGAL COUNSEL. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following described matter(s) will prejudice the position of the City in existing and anticipated litigation. EXISTING LITIGATION G.C. 54956.9(d)(1) City of Palm Springs v. Kenneth Irwin Jr. Case No. PSC1606276, Riverside Superior Court, Palm Springs Division Lockwood Ave LLC et al v. City of Palm Springs Case No. RIC1703102, Riverside Superior Court, Riverside Division EXPOSURE TO LITIGATION G.C. 54956.9(d)(2) Four(4) Cases INITIATION OF LITIGATION G.C. 54956.9(d)(4) Two (2) Cases 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) Property Address/Description: APN 669-330-029 Agency: City of Palm Springs City Negotiator: David H. Ready, City Manager or Designee Negotiating Parties: Desert Community College District Under Negotiation: Price and Terms of Payment � t CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA iO,,1LM cif w � Y � •'��l IfORMP• 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. rj L 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. q3 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. City Council MINUTES November 15,2017 Page 4 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. 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 Tem 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-B, 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." City Council MINUTES November 15,2017 Page 5 Motion by Mayor Pro Tem 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. PUBLIC TESTIMONY: Lauri Kibby, Dream Ownership and Development, explained the reason for requesting the extension and TOT rebate. Jo Brown Meredith discussed her experience of 30 ears with a retail store in Y P Y 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 Tem 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 16 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. TREASURERS 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 Q � City Council MINUTES November 15,2017 Page 6 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;" 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 ANNEXATION 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 •7 .,r c City Council MINUTES November 15,2017 Page 7 SERVICES), ANNEXATION NO. 18, ENCLAVE AT BARISTO, TRACT MAP NO. 37245." Approved as part of the Consent Calendar. 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 (4/5tns Vote Required): City Attorney Kotkin presented the staff report. n � City Council MINUTES November 15,2017 Page 8 Mayor Moon opened the public hearing. Jim Franklin, Palm Springs Board of Realtors, supports the ordinance. 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 qQ V V City Council MINUTES November 15,2017 Page 9 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 (4/5ths 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 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. 1QC City Council MINUTES November 15,2017 Page 10 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. 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 1 w City Council MINUTES November 15,2017 Page 11 • 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 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 IC,' r. City Council MINUTES November 15,2017 Page 12 • Modify verbiage related to reflect odors "at" the exterior of cannabis lounge premises Motion by Mayor Pro Tern Foat, seconded by Councilmember Kors, carried on a majority (4-1-0 on a Counciimember 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 Tem 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. f03 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 Tern 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 101 51 City Council MINUTES November 15,2017 Page 15 CERTIFICATION STATE OFCALIFORNIA ) 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 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: NOES: ABSENT: ABSTAIN: RECUSAL: Kathleen D. Hart, MMC Interim City Clerk Exhibit A CITY COUNCIL AND AS SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF THE PALM SPRINGS yov ve�Ms s 0 ft°°a..�� p� 4,sovv' CLOSED SESSION AGENDA Wednesday, November 15, 2017 —4:00 p.m. City Hall, Small Conference Room 3200 East Tahquitz Canyon Way, Palm Springs Palm Springs, CA 92262 CONFERENCE WITH LEGAL COUNSEL. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following described matter(s) will prejudice the position of the City in existing and anticipated litigation. EXISTING LITIGATION G.C. 54956.9(d)(1) City of Palm Springs v. Kenneth Irwin Jr. Case No. PSC1606276, Riverside Superior Court, Palm Springs Division Lockwood Ave LLC et al v. City of Palm Springs Case No. RIC1703102, Riverside Superior Court, Riverside Division EXPOSURE TO LITIGATION G.C. 54956.9(d)(2) 7 Cases INITIATION OF LITIGATION G.C. 54956.9(d)(4) 2 Cases CONFERENCE WITH REAL PROPERTY NEGOTIATOR G.C. 54956.8 Property Address/Description: 1479 North Palm Canyon Drive Agency: City of Palm Springs City Negotiator: David Ready, City Manager or Designee Negotiating Parties: The Boureston & Sudweeks Company, and Yokang Zhou Under Negotiation: Price and Terms of Payment (Sale) 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) I� Closed Session Agenda November 15, 2017 Page 2 CONFERENCE WITH LABOR NEGOTIATOR G.C. 54957.6 Management Association of Palm Springs Palm Springs Fire Safety Palm Springs Fire Management Palm Springs Police Management Association Palm Springs Police Officers Association Service Employees International Union Local 721 1 �: 8 CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA � QpALMse,P iy V N �.oano C,q<1FORNIQ' MINUTES WEDNESDAY, NOVEMBER 29, 2017 SPECIAL CLOSED SESSION MEETING Small Conference Room, City Hall 3200 E. Tahquitz Canyon Way, Palm Springs 1. CALL TO ORDER: Mayor Moon called the meeting to order at 4:06 p.m. 2. 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 3. PUBLIC COMMENT: No members of the public were present. At 4:07 p.m. Interim City Clerk Hart exited the Small Conference Room, and the Closed Session discussion commenced. 4. EXPOSURE TO LITIGATION, G.C. 54956.9(d)(2): (2 Cases) A. Robert Stone B. David Freedman and Roger Tansey 5. REPORT OF CLOSED SESSION: Council convened in closed session to discuss matters noticed, and did in fact complete a discussion of both matters. No reportable action was taken. 6. ADJOURNMENT: At 4:29 p.m. the City Council will adjourn to an adjourned regular meeting at Springs Convention 8:00 .m. Wednesday, November 29 2017 at the Palm S s C p Y, p 9 Center, Primrose B, 277 Avenida Caballeros, Palm Springs. Respectfully submitted, Kathleen D. Hart, MMC Interim City Clerk 1019, City Council MINUTES November 29,2017 Page 2 Special Closed Session Meeting CERTIFICATION STATE OFCALI FORNIA ) 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 November 29, 2017, SPECIAL CLOSED SESSION MEETING 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: NOES: ABSENT: ABSTAIN: RECUSAL: Kathleen D. Hart, MMC Interim City Clerk 110, Minutes for the November 29, 2017, Adjourned Regular Meeting will be provided on Monday December 4, 2017. 1,� i CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA +O!!ELM t'+ �S r�4no0'�p DD & [F =7 MINUTES WEDNESDAY, NOVEMBER 29, 2017 Palm Spring Convention Center 277 North Avenida Caballeros, Primrose B Palm Springs, CA 92262 8:00 P.M. ADJOURNED REGULAR MEETING CALL TO ORDER: Mayor Moon called the meeting to order at 8:01 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 PRESENTATIONS: City Attorney Kotkin corrected the Closed Session report from November 15, 2017 as follows: 1. On November 15, 2017, he reported no time spent in closed session on an item noticed on the closed session agenda, "Initiation of Litigation, two (2) cases." 2. During closed session on November 15, 2017, the initiation of litigation as to one (1) case was discussed. The city attorney reported that for the record, the initiation of litigation item discussed related to an exposure to litigation matter. He further explained that he accidentally failed to make two (2) separate check marks in his handwritten closed session notes regarding these items. He indicated that he made this error, that he is correcting it tonight, and that this error relates to the discussion of Agenda Item 4A on the November 29, 2017 agenda. The City Attorney went on to discuss two (2) Brown Act and City ethics policy complaints received regarding the Virgin Hotel project, and indicated that per a decision by City Manager Ready and himself, special cougsel has been brought in to assist with the matter. Special Counsel Gary Schons addressed both allegations of violation of the Brown Act and the City's ethics policies in their respective particulars. City Attorney Kotkin acknowledged passion surrounding the project and discussed the importance of public integrity and transparency. He stated there were no Brown Act or A��-�►bnal Mc4?,r'�415 12 - Dco- 2ci? i}�r+L City Council MINUTES November 29,2017 Page 2 Adjourned Regular Meeting ethics policy violations. He expressed that he did not want to give legal advice to the City Council in open session, but that a verbatim transcript was available reflecting some of his comments on November 15 responding to an inquiry by Councilmember Kors. Councilmember Roberts asked if the attorneys were completely confident that there was no violation of the Brown Act and no violation of the City's ethics policies. Special Counsel Schons and City Attorney Kotkin answered in the affirmative. ACCEPTANCE OF THE AGENDA: ACTION: Approve the agenda as presented. Motion by Councilmember Roberts, seconded by Councilmember Mills, and carried 3-2-0 (Councilmember Kors and Councilmember Roberts dissenting). PUBLIC TESTIMONY: Charles LeMorte addressed the Council regarding Item 4A and questioned the 1090 protections and surrender of rights. Frank Tysen expressed frustration regarding hotel approvals and TOT incentives. He suggested the Council postpone the issue. Lew Stewart indicated opposition to welfare for developers and requested the Virgin Hotel ordinance be reconsidered for first reading. Patrick Weiss suggested second reading for Ordinance No. 1940 be deferred until the new Council was seated. Michael Kassinger suggested retaining the momentum on World Wide recognition and urged the Council to approve the Virgin Hotel. He thanked Mayor Pro Tern Foat and Councilmember Mills for their service. Emily Hemphill stated John Wessman had relinquished all rights to the Virgin Hotel and the 1090 rights were illusive. She requested the Council determine the best interest for Palm Springs and urged the City Council to approve the Development Agreement. Michael Braun, President of Grit Development, encouraged approval of the Virgin Hotel project. Doug Huth questioned the financial viability of the Virgin Hotel without the TOT incentives. He questioned why the existing City Council was pushing to tie the hands of the incoming City Council. ` Roger Tansey stated he was pleased with the promise of 200 jobs and encouraged preference be given to Palm Springs residents. He suggested negotiating something for the citizens. He stated the process seemed morally repugnant. City Council MINUTES November 29,2017 Page 3 Adjourned Regular Meeting David Freedman stated they had substantial concerns on the lack of transparency and the development agreement should not have been discussed in closed session. He suggested the Council reconsider first reading. Lisa Middleton commended Mayor Pro Tern Foat and Councilmember Mills for their service. She suggested the new City Council have the opportunity to make the decision. She stated she supported the Virgin Hotel but it should not be approved by the "lame duck" Council. She stated the City should not give up its 1090 rights. Jim Wanless commended the City on the public/private partnership and Museum Specific Plan. He encouraged the Council to approve the Virgin Hotel Development Agreement. Barbara Beaty thanked Mayor Pro Tern Foat and Councilmember Mills for their service. She expressed confusion about Wessman not benefitting since he was a member of the LLC. She stated she did not understand why the TOT rebate was being given to the developer. Christy Holstege indicated support for the Virgin Hotel and project. She thanked Mayor Pro Tern Foat and Councilmember Mills for their service. She discussed the need to work to rebuild public trust and requested the new City Council have the opportunity to vote on the project. Lanny Swerdlow addressed the Council in support of onsite consumption of cannabis. Rick Pentele discussed the importance of cannabis lounges. He suggested marijuana be recognized like beer. Joy Brown Meredith, Board of Main Street, requested the Council consider postponing Item 4C to allow discussion between merchants, residents and the Council. She questioned the rushed decision. She thanked Mayor Pro Tern Foat and Councilmember Mills. Steve Rosenberg stated he had submitted information on separation distances and suggested proceeding with the cannabis ordinance. He thanked Mayor Pro Tern Foat and Councilmember Mills for their service. CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS: 1. CONSENT CALENDAR: None 2. PUBLIC HEARINGS: None 3. LEGISLATIVE: None City Council MINUTES November 29,2017 Page 4 Adjourned Regular Meeting 4. UNFINISHED BUSINESS: None A. SECOND READING AND ADOPTION OF ORDINANCE NO. 1940 APPROVING A DEVELOPMENT AGREEMENT WITH DTPS B-3, 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: City Attorney Kotkin presented the staff report. Council discussion ensued. ACTION: Waive the second reading of the ordinance text in its entirety and adopt Ordinance No. 1940, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH DTPS B-3, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, 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" with amendments to the development agreement as noted in the staff report. Motion by Mayor Moon, seconded by Mayor Pro Tem Foat, and approved on a majority (3-2-0, Councilmember Kors and Councilmember Roberts dissenting) roll call vote. Interim City Clerk Hart read the ordinance title. B. SECOND READING AND ADOPTION OF ORDINANCE NO. 1941 AMENDING AND RESTATING THE CITY'S SIGN ORDINANCE AND REPEALING THE CITY'S "SIT AND LIE" ORDINANCE: City Attorney Kotkin presented the staff report. Council discussion ensued. At 11:02 p.m. Mayor Moon recessed the meeting. At 11:17 p.m. Mayor Moon reconvened the meeting with all members of the Council present. City Council discussion ensued. ACTION: Continue Items 4.13. and 4.C. to December 6, 2017, at 4:00 p.m. with closed session at 3:30 p.m. Motion by Councilmember Roberts, seconded by . Councilmember Kors, and carried unanimously (5-0-0) on vote. City Council MINUTES November 29,2017 Page 5 Adjourned Regular Meeting B. SECOND READING AND ADOPTION OF ORDINANCE NO. 1941 AMENDING AND RESTATING THE CITY'S SIGN ORDINANCE AND REPEALING THE CITY'S "SIT AND LIE" ORDINANCE: ACTION: Continued to December 6, 2017, 4:00 p.m. No action taken. C. SECOND READING AND ADOPTION OF ORDINANCE NO. 1943 AMENDING THE PALM SPRINGS ZONING CODE (PSZC) RELATIVE TO ZONING REQUIREMENTS AND DEVELOPMENT STANDARDS FOR COMMERCIAL MEDICAL AND ADULT-USE CANNABIS FACILITIES: ACTION: Continued to December 6, 2017, 4:00 p.m. No action taken. 4. NEW BUSINESS: None PUBLIC COMMENT: None. CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT: Councilmember Kors requested the following: • Temporary subcommittee and liaison assignments be made on December 6, 2017, to ensure representation between December 7, 2017, and December 13, 2017 • An economic impact analysis on the potential vacation rental ballot measure The following were discussed: • Vacant and abandoned buildings would be considered at the first meeting in January 2018. • City Grants and Sponsorships to non-profits will be considered on December 13, 2017. • The animal ordinances could be considered at the first meeting in January. Councilmember Roberts requested Municipal Code Chapter 8.05 regarding HSPB review of demolition permits be reviewed to not allow demolition until there was a proposed replacement. Director of Planning Services Fagg stated HSPB had submitted a letter to Council making that request. City Manager Ready requested a recommendation from HSPB. ADJOURNMENT: At 11:29 p.m., the City Council adjourned in memory of Randy Lowe, to the next regular meeting Wednesday, December 6, 2017, at 4:00 p.m. Council Chamber, City Hall, preceded by Closed Session, Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. City Council MINUTES November 29,2017 Page 6 Adjourned Regular Meeting Respectfully submitted, fah.$ Kathleen D. Hart, MMC Interim City Clerk CERTIFICATION STATE OFCALIFORNIA ) 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 November 29, 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: NOES: ABSENT: ABSTAIN: RECUSAL: Kathleen D. Hart, MMC Interim City Clerk