HomeMy WebLinkAbout11/1/2017 - STAFF REPORTS - 1.M. CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
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MINUTES
WEDNESDAY, JULY 5, 2017
Palm Springs Convention Center, Primrose B
277 N. Avenida Caballeros, Palm Springs, CA 92262
4:00 P.M. CLOSED SESSION
CALL TO ORDER (Primrose B): Mayor Moon called the meeting to order at 4:02 p.m.
All members were present.
PUBLIC COMMENT (Primrose B): No one came forth to address the Mayor and City
Council.
RECESS TO CLOSED SESSION (Mesquite B): At 4:03 p.m., the Mayor and City
Council recessed to Closed Session. See Closed Session Agenda, Exhibit A.
6:00 P.M. REGULAR MEETING
CALL TO ORDER: Mayor Moon called the meeting to order at 6:12 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: None.
ACCEPTANCE OF THE AGENDA:
Councilmember Roberts requested removal of Items 1 C and 1 E from the Consent
Calendar, and noted his recusal on Item 1 F.
Mayor Pro Tern Foat requested removal of Items 1 F, 1 H, and 1 J from the Consent
Calendar.
Councilmember Mills requested removal of Item 1 K from the Consent Calendar.
ITEM NO. -1 • ��
City Council MINUTES July 5,2017 Page 2
ACTION: Approve the agenda as presented with the removal of Items 1 C, 1 E, 1 F, 1 H,
1 J, and 1 K from the Consent Calendar.
Approved unanimously (5-0-0) on a roll call vote.
REPORT OF CLOSED SESSION:
City Attorney Kotkin announced that the City Council discussed all items on the agenda,
with no reportable actions taken.
PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY)
Robert Stone addressed the City Council regarding Item 1 F.
Judy Deertrack spoke on the City Council's prior action on the 750 Loft project and
questioned the action to reactivate the permits in Item D1.
Michael Johnston recommended postponing approval of Item 1 F.
Rick Pantele spoke on Item 4C and urged closure of the illegal businesses.
Nickie Mc Laughlin, Friends of Palm Springs Mountains, expressed concern regarding
Item 1 F and requested the item be continued to July 19, 2017.
Stephanie Austin spoke on Item D1, 750 Lofts project.
Frank Tysen spoke opposing Item D1.
Emily Hemphill, attorney for 750 Lofts project, stated all the issues raised regarding Item
D1 had already been litigated and urged the City Council to approve the project
eliminating the event area.
Mike Ziskind, Co-Chair of Protect our Neighborhoods, spoke opposing Item D1 and
suggested the matter be referred to the Planning Commission.
Sara Frith spoke opposing Item D1.
Tim Erkins spoke opposing Item D1, and suggested carefully reviewing Item 4A.
James Cioffi, architect for 750 Lofts, implored the City Council to approve the project
with the elimination of the event space.
Andy Carpiac spoke in support of Item D1.
Michael Beckman spoke in support of Item D1.
Alan Siebuhr spoke in support of Item 3A.
David Freedman spoke in support of the proposed ordinance, Item 3A. 02
City Council MINUTES July 5,2017 Page 3
Lisa Middleton spoke in support of Item 3A.
Felipe Castaneda spoke opposing Item D1.
Robert VanRoo, Palm Springs Safe Access, spoke on Item 4C urging careful
consideration of taxes.
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS:
Councilmember Kors provided an update from the Homelessness Subcommittee
announcing that the Desert Healthcare District approved over $4 million in funding for
homelessness issues.
Mayor Pro Tern Foat stated Roy's had closed and would become a 90-bed health
facility. She stated the Executive Committee of CVAG approved a triage center for the
homeless based on contributions from each of the cities.
1. CONSENT CALENDAR:
ACTION: Approve Items 1A, 1 B, 1 D, 1 G, 11, 1 L, and 1 M.
Approved unanimously (5-0-0) on a roll call vote, noting Councilmember
Roberts' recusal on Item 1 F.
1.A. AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT
NO. A6690 WITH ANDERSONPENNA, INC., IN THE AMOUNT OF
$35,470 FOR ASSISTANCE WITH THE REIMBURSEMENT PROCESS
FOR STATE REVOLVING FUND AND GREEN PROJECT RESERVE
FOR THE WASTEWATER TREATMENT PLANT UPGRADE, CP 15-14:
ACTION:
1) Approve Amendment No. 2 to the Professional Services Agreement
No. A6690 with AndersonPenna, Inc. in the amount of $35,470 for an
increased total contract amount of $88,690 for the Wastewater Treatment
Plant Upgrade, CP 15-14.
2) Authorize the City Manager to execute all necessary documents.
Approved as part of the Consent Calendar.
1.13. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION:
1) Adopt Resolution No. 24260, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 06-03-2017 BY WARRANTS NUMBERED 419956 THROUGH
419967 TOTALING $18,710.42, LIABILITY CHECKS NUMBERED
1092683 THROUGH 1092702 TOTALING $81,429.77, FIVE WIRE
TRANSFERS FOR $58,472.88, AND THREE ELECTRONIC ACH
DEBITS OF $1,363,738.89 IN THE AGGREGATE AMOUNT OF
$1,522,351.96, DRAWN ON BANK OF AMERICA." 03
City Council MINUTES July 5,2017 Page 4
2) Adopt Resolution No. 24261, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1092703 THROUGH 1092801 IN THE AGGREGATE
AMOUNT OF $1,529,332.83, DRAWN ON BANK OF AMERICA."
3) Adopt Resolution No. 24262, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1092802 THROUGH 1092954 IN THE AGGREGATE
AMOUNT OF $1,712,089.68, DRAWN ON BANK OF AMERICA."
Approved as part of the Consent Calendar.
1.D. MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT
FOR CLASS 1 HISTORIC SITE LOCATED AT 1838 SOUTH BARONA
ROAD, A CLASS 1 HISTORIC SITE (HSPB 93/HD-5):
ACTION:
1) Approve a Mills Act Historic Property Agreement with William L.
Wilson and Karen L. Wilson and Sandcliff Homeowners Association, for
1838 South Barona Road, a Class 1 Historic Site (HSPB 93/HD-5).
A6992.
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 MINUTES:
ACTION: Approve the City Council Minutes of
May 3, 2017.
Approved as part of the Consent Calendar.
1.1. APPOINTMENT OF VARIOUS COMMISSIONERS AND BOARD
MEMBERS AS PART OF THE 2017 ANNUAL RECRUITMENT
PROCESS:
ACTION:
1) Appoint Oliver Cleary to the Administrative Appeals Board for a
term from July 1, 2017, to June 30, 2020.
2) Re-appoint Dorothy Watson and appoint Juliette Montante to the
VillageFest Board for terms from July 1, 2017, to June 30, 2020.
Approved as part of the Consent Calendar.
1.L. AUTHORIZE A PURCHASE ORDER IN THE AMOUNT OF $63,460
WITH ALBERT A. WEBB & ASSOCIATES FOR ENGINEERING
DESIGN SERVICES FOR THE NORTH PALM CANYON DRIVE (STATE
ROUTE 111) AT VIA ESCUELA TRAFFIC SIGNAL INSTALLATION,
CP 17-05:
ACTION:
1) Approve a Purchase Order in the amount of $63,460 with the City's
"on-call" engineering firm, Albert A. Webb & Associates, pursuant to
Agreement No. A6443, for civil and traffic engineering design services
associated with the N. Palm Canyon Drive (State Route 111) and
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City Council MINUTES July 5,2017 Page 5
Via Escuela Traffic Signal Installation, CP 17-05.
2) Authorize the City Manager to execute all necessary documents.
Approved as part of the Consent Calendar.
1.M. AUTHORIZATION TO PARTICIPATE IN THE YGRENE STATEWIDE
PACE PROGRAM:
ACTION:
1) Adopt Resolution No. 24263, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE
TERRITORY OF THE CITY IN THE GOLDEN STATE FINANCE
AUTHORITY COMMUNITY FACILITIES DISTRICT TO FINANCE
RENEWABLE ENERGY IMPROVEMENTS, ENERGY EFFICIENCY AND
WATER CONSERVATION IMPROVEMENTS, SEISMIC
IMPROVEMENTS, AND ELECTRIC VEHICLE CHARGING
INFRASTRUCTURE AND APPROVING ASSOCIATE MEMBERSHIP IN
THE JOINT EXERCISE OF POWERS AUTHORITY RELATED
THERETO."
2) Adopt Resolution No. 24264, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE
TERRITORY OF THE CITY IN THE GOLDEN STATE FINANCE
AUTHORITY ASSESSMENT DISTRICT TO FINANCE RENEWABLE
ENERGY GENERATION, ENERGY AND WATER EFFICIENCY
IMPROVEMENTS, SEISMIC IMPROVEMENTS, AND ELECTRIC
VEHICLE CHARGING INFRASTRUCTURE AND APPROVING
ASSOCIATE MEMBERSHIP IN THE JOINT EXERCISE OF POWERS
AUTHORITY RELATED THERETO."
3) Authorize the City Manager to execute all necessary documents.
Approved as part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
1.C. REPORT OF EMERGENCY REPLACEMENT OF AIR CONDITIONING
AND COMPRESSOR UNIT FOR THE CITY HALL SERVER ROOM
PURSUANT TO PALM SPRINGS MUNICIPAL CODE SECTION
7.04.040:
City Manager Ready provided the staff report.
ACTION: Receive and file.
Approved unanimously (5-0-0) on a roll call vote.
1.E. MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT
FOR CLASS 1 HISTORIC SITE LOCATED AT 360 CABRILLO ROAD
UNIT 127 (RACQUET CLUB COTTAGES WEST, HSPB 88/HD-3):
Councilmember Roberts requested photographs be included of the
properties in question. 05
City Council MINUTES July 5,2017 Page 6
ACTION:
1) Approve a Mills Act Historic Property Preservation Agreement with
Dr. Kenneth J. Pearson and Sara F. Pearson and the Racquet Club
Garden Villas Homeowners Association, for 360 Cabrillo Road Unit 127
(RSPB 88/HD-3). A6993.
2) Authorize the City Manager to execute the Agreement.
3) Direct the City Clerk to record the Agreement.
Approved unanimously (5-0-0) on a roll call vote.
1.F. APPROVAL OF TRACT MAP 31095 (THE "BOULDERS" PROJECT)
AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH GRIT
DEVELOPMENT, LLC:
Mayor Pro Tern Foat stated several members of the neighborhood had
requested the item be postponed to give the neighborhood an opportunity
to determine options. She requested continuing the item for at least one
month.
Council discussion ensued.
ACTION:
Table the item until July 19, 2017.
Approved on a majority (3-0-1-1) roll call vote, with Councilmember
Mills dissenting and Councilmember Roberts recused.
1.H. ENGAGEMENT OF SPECIAL LEGAL COUNSEL, BIRD LAW GROUP
AND COLANTUONO, HIGHSMITH & WHATLEY:
ACTION:
1) Ratify Agreement No. A6988 with Bird Law Group, for specialized
legal services arising from and related to cannabis and the City's
implementation of Chapters 5.35 and 5.45 of the Palm Springs Municipal
Code, in a total amount not to exceed twenty-five thousand dollars
($25,000.00).
2) Approve an Agreement with Colantuono, Highsmith & Whatley, for
specialized legal services arising from and related to certain specialized
areas of municipal legal practice, including without limitation exactions,
cannabis, and election matters, in a total amount not to exceed twenty-five
thousand dollars ($25,000.00), in a form substantially similar to that
published with this staff report, subject to minor modification, within the
reasonable discretion of the City Attorney. A6994.
3) Authorize the City Manager to execute all necessary documents
Approved unanimously (5-0-0) on a roll call vote.
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City Council MINUTES July 5,2017 Page 7
I.J. ACCEPT THE RESIGNATION OF M A R K A C K E R F R OM THE
PARKS AND RECREATION COMMISSION:
Council discussion ensued.
ACTION:
Continue the matter.
Approved unanimously (5-0-0) on a roll call vote.
I.K. AUTHORIZE THE PURCHASE OF 11 NEW VEHICLES AND
EQUIPMENT IN AN AMOUNT NOT TO EXCEED $550,000:
Councilmember Mills requested additional information.
ACTION:
1) Authorize the purchase of 1 new Ford F250 for the Police
Department.
2) Authorize the purchase of 1 new Ford Edge for the Police
Department.
3) Authorize the purchase of 4 new Ford F150 (CNG/alternative fuel
equivalent) or similar for the Building & Safety Department to replace Units
090502, 090602, 090802, 090901.
4) Authorize the purchase of 5 new Ford F150 (CNG/alternative fuel
equivalent) or similar for the Facilities & Maintenance Department to
replace Units 060301, 060400, 061200, 066201 and 061000.
5) 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 $550,000.
Approved unanimously (5-0-0) on a roll call vote.
DEFERRED ITEMS FROM A PREVIOUS MEETING:
D.1. A PROPOSED RESOLUTION COMPLYING WITH WRIT OF MANDATE,
REQUIRING ELIMINATION OF THE EVENT AREA FROM PLANNED
DEVELOPMENT DISTRICT (PDD) 374, THE "750 LOFTS" PROJECT
LOCATED AT 750 N. PALM CANYON DRIVE, CONFIRMING
CONFORMITY WITH THE CITY'S MUNICIPAL CODE WITH REGARD
TO PARKING, AND OTHERWISE AFFIRMING APPROVAL OF PDD
374, INTRODUCTION OF A RELATED ORDINANCE AFFIRMING
APPROVAL OF PDD 374, AND A RELATED RESOLUTION AFFIRMING
APPROVAL OF A MAJOR ARCHITECTURAL APPLICATION AND
CONDITIONAL USE PERMITS:
City Attorney Kotkin presented the staff report.
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City Council MINUTES July 5,2017 Page 8
ACTION:
1) Direct staff to continue item to the July 19, 2017 meeting with a
resolution stating findings consistent with the Council's discussion.
2) Refer the matter to the Architectural Advisory Committee and the
Planning Commission to reconsider height, density and setbacks,
to facilitate the finalization for the return of the writ of mandate
indicating that the parking and event space issues will be
addressed during reconsideration of the project.
Approved by a majority (4-1-0) roll call vote, with
Councilmember Mills dissenting.
At 8:10 p.m. Mayor Moon recessed the meeting.
At 8:22 p.m. Mayor Moon reconvened the meeting, and all members were present.
2. PUBLIC HEARINGS:
2.A. APPEAL BY SUMMIT LAND PARTNERS, LLC (APPLICANT), ON
BEHALF OF EHOF CANYON VIEW (PROPERTY OWNER), OF THE
PLANNING COMMISSION ACTION TO DENY A GENERAL PLAN
AMENDMENT, PLANNED DEVELOPMENT DISTRICT, MAJOR
ARCHITECTURAL APPLICATION, AND VESTING TENTATIVE TRACT
MAP FOR AN 80-LOT SINGLE-FAMILY SUBDIVISION ON A 13.25
ACRE PARCEL AT THE SOUTHWEST CORNER OF EAST PALM
CANYON DRIVE AND MATTHEW DRIVE, ZONE R-3 (CASE 5.1384 —
PDD 381 GPA/3.3902 MAJ/VTTM 36969):
Director of Planning Services Fagg presented the staff report.
Mayor Moon opened the public hearing.
Tim Unger, applicant, presented the project to the City Council, requested
relief from Conditions 8, 9, and 63 regarding undergrounding, and
requested the City Council approve the appeal and the project.
Cathy Wolff spoke in support of the proposed project and discouraged the
requirement for a median.
No others came forth to address the City Council; therefore, Mayor Moon
closed the public hearing.
Council discussion ensued.
ACTION:
Approve the appeal and adopt the following resolutions and ordinance in
support of the project:
1) Adopt Resolution No. 24265, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADOPTING A MITIGATED NEGATIVE DECLARATION FOR A
PROPOSED GENERAL PLAN AMENDMENT, A PLANNED
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City Council MINUTES July 5,2017 Page 9
DEVELOPMENT DISTRICT IN LIEU OF A CHANGE OF ZONE, A
MAJOR ARCHITECTURAL APPLICATION, AND A VESTING
TENTATIVE TRACT MAP FOR AN 80-LOT SINGLE-FAMILY
DEVELOPMENT ON A 13.25 ACRE PARCEL LOCATED AT THE
SOUTHWEST CORNER OF EAST PALM CANYON DRIVE AND
MATTHEW DRIVE."
2) Adopt Resolution No. 24266, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING AN AMENDMENT TO THE 2007 PALM SPRINGS
GENERAL PLAN ADOPTED BY RESOLUTION NO. 22077,
MODIFYING THE LAND USE DESIGNATION FROM "MIXED-
USE/MULTI-USE" TO "MEDIUM DENSITY RESIDENTIAL" ON A
13.25 ACRE PROJECT SITE FOR AN 80-LOT SINGLE-FAMILY
DEVELOPMENT LOCATED AT THE SOUTHWEST CORNER OF
EAST PALM CANYON DRIVE AND MATTHEW DRIVE (CASE 5.1384
GPA)."
3) Waive the reading of the ordinance text in its entirety, read by title only,
and introduce for first reading Ordinance No. 1929, "AN ORDINANCE
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
PLANNED DEVELOPMENT DISTRICT 381 IN LIEU OF A CHANGE
OF ZONE FOR A 13.25 ACRE PARCEL LOCATED AT THE
SOUTHWEST CORNER OF EAST PALM CANYON DRIVE AND
MATTHEW DRIVE (CASE 5.1384 — PD 381)."
4) Adopt Resolution No. 24267, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A MAJOR ARCHITECTURAL APPLICATION FOR AN
80-LOT SINGLE-FAMILY DEVELOPMENT ON A 13.25 ACRE
PARCEL LOCATED AT THE SOUTHWEST CORNER OF EAST
PALM CANYON DRIVE AND MATTHEW DRIVE (CASE 3.3902
MAJ)."
5) Adopt Resolution No. 24268, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING VESTING TENTATIVE TRACT MAP 36969 FOR THE
SUBDIVISION OF 14.83 GROSS ACRES INTO 80 RESIDENTIAL
LOTS, PRIVATE STREETS, AND COMMON SPACE ON THE
PARCEL LOCATED AT THE SOUTHWEST CORNER OF EAST
PALM CANYON DRIVE AND MATTHEW DRIVE (CASE VTTM
36969)."
6) Approve the Conditions of Approval with modifications and additions as
follows:
PLN 1. Vehicular Gates. Vehicular gates shall not be permitted
pursuant to General Plan policy CD 14.6. (Added)
PLN 2. Pedestrian Connectivity. Provide additional pedestrian
connection(s) to the public sidewalks at the perimeter of the site where
feasible. (Added)
PLN 20. Building Separation. There shall be a minimum of 15 feet of
separation between the second floors of a building to an adjacent
second floor of a building. (Modified)
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City Council MINUTES July 5,2017 Page 10
PLN 21. Touching Canopy of Trees. The developer shall plant/install
touching canopy of trees surrounding the development allowing
walkability. (Added)
PLN 23. Minimum 30-Day Rental. The CC&R's shall restrict short-
term rental to a minimum of thirty (30) days. (Added)
PLN 24. Wall Articulation. The applicant shall add articulations to the
walls along East Palm Canyon Drive subject to the review of an ad hoc
subcommittee of Councilmembers Chris Mills and JR Roberts.
(Added)
ENG 1. The City Council approves deferral of off-site improvement
items (identified as "Deferred') at this time due to lack of full
improvements in the immediate area. The owner shall execute a street
improvement covenant agreeing to construct all required street
improvements upon the request of the City of Palm Springs City
Engineer at such time as deemed necessary. The covenant shall be
executed and notarized by the property owner(s) prior to approval of
the Grading Plan or issuance of grading or building permits. A current
title report; or a copy of a current tax bill and a copy of a vesting grant
deed shall be provided to verify current property ownership. A_
covenant preparation fee in effect at the time that the covenant is
submitted shall be paid by the applicant prior to issuance of any
grading or building permits. (ENG 9. 10, 12, 13, 14, 15, 64, 78, and 79
deferred.) (Added)
Approved unanimously (5-0-0) on a roll call vote.
2.13. APPEAL BY NEXUS DEVELOPMENT CORPORATION OF THE
PLANNING COMMISSION ACTION TO DENY A PLANNED
DEVELOPMENT DISTRICT APPLICATION, TENTATIVE TRACT MAP
APPLICATION, AND A MAJOR ARCHITECTURAL APPLICATION FOR
A TWO PHASE DEVELOPMENT CONSISTING OF (1) REPURPOSING
CLASS 1 HISTORIC BUILDINGS ON 3.1-ACRES AT 600-750 E.
TAHQUITZ CANYON WAY AND TWO (2) 48 ATTACHED RESIDENTIAL
UNITS ON 5.6 ACRES LOCATED AT THE SOUTHEAST CORNER OF
NORTH CALLE EL SEGUNDO AND EAST ANDREAS ROAD (CASE
NOS. 5.1399 PDD-385, 3.3983 MAJ AND TTM 36876)
Director of Planning Services Fagg presented the staff report.
Mayor Moon opened the public hearing.
Corry Alder, President of Nexus Development, discussed time and money
invested and modifications based on public and Planning Commission
input. He requested the City Council approve the project.
No others came forth to address the City Council; therefore, Mayor Moon
closed the public hearing.
Council discussion ensued.
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City Council MINUTES July 5,2017 Page 11
ACTION:
Adopt Resolution No. 24270, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE
PLANNING COMMISSION DENIAL OF CASE 5.1399 PDD-385, 3.3983
MAJ AND TTM 36876; A PLANNED DEVELOPMENT DISTRICT, MAJOR
ARCHITECTURAL APPLICATION AND TENTATIVE TRACT MAP FOR A
TWO PHASE DEVELOPMENT CONSISTING OF (1) REPURPOSING
CLASS 1 HISTORIC BUILDINGS ON 3.1-ACRES AT THE NORTHEAST
CORNER OF NORTH CALLE EL SEGUNDO AND EAST TAHQUITZ
CANYON WAY AND TWO (2) 48 ATTACHED RESIDENTIAL UNITS ON
5.6-ACRES LOCATED AT THE SOUTHEAST CORNER OF NORTH
CALLE EL SEGUNDO AND EAST ANDREAS ROAD."
Approved unanimously (5-0-0) on a roll call vote.
Mayor Moon stated it was past 10:00 p.m. and the tentatively scheduled adjournment
time was 11:00 p.m. By consensus, the Council determined to hear Items 2C and 3A.
At 10:24 p.m., Assistant City Manager Fuller left the meeting due to a conflict of interest
on Item 2C.
2.C. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS CITYWIDE
STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS,
FISCAL YEAR 2017-18:
ACTION:
Director of Public Works Garcia provided the background information as
noted in the staff report.
Mayor Moon opened the public hearing and no one came forth to address
the Mayor and City Council; therefore, Mayor Moon closed the public
hearing.
ACTION:
Adopt Resolution No. 24269 "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE
ENGINEER'S REPORT AND ORDERING THE CONTINUED
OPERATION AND MAINTENANCE OF IMPROVEMENTS FOR STREET
LIGHTING MAINTENANCE DISTRICT NO. 3, AND PARKWAY
MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 (ZONES 1 AND
2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12, AND
ORDERING THE LEVY AND COLLECTION OF ANNUAL
ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2017-18."
Approved unanimously (5-0-0) on a roll call vote.
Assistant City Manager Fuller returned at 10:27 p.m.
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City Council MINUTES July 5,2017 Page 12
3. LEGISLATIVE:
3.A. A PROPOSED ORDINANCE AUTHORIZING IMPLEMENTATION OF A
COMMUNITY CHOICE AGGREGATION PROGRAM, AND APPROVING
THE "DESERT CITIES ENERGY CHOICE" JOINT POWERS
AGREEMENT:
City Attorney Kotkin presented the staff report.
Council discussion ensued.
ACTION: Waive the reading of the ordinance text in its entirety, read by
title only, and introduce for first reading Ordinance
No. 1928, "AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AUTHORIZING IMPLEMENTATION OF A COMMUNITY
CHOICE AGGREGATION PROGRAM, AND APPROVING THE "DESERT
CITIES ENERGY CHOICE" JOINT POWERS AGREEMENT."
Approved unanimously (5-0-0) on a roll call vote.
Interim City Clerk Hart read the ordinance title.
4. UNFINISHED BUSINESS:
4.A. POTENTIAL 2017 BALLOT MEASURES AD HOC SUBCOMMITTEE:
REPORT ON POTENTIAL REVENUE BALLOT INITIATIVES FOR THE
NOVEMBER 2017 ELECTION: (Councilmember Kors and Mayor Pro
Tern Foat)
Councilmember Kors provided the report.
Council discussion ensued.
ACTION:
By consensus, the Council directed staff to bring back all ballot measure
options and work with the subcommittee to work on hiring a consultant.
4.B. BUDGET AND FINANCE STANDING SUBCOMMITTEE:
CONTINUED DISCUSSION ON EXPENDITURE REDUCTIONS AND
RISING PERS RETIREMENT COSTS: (Councilmember Kors and Mayor
Moon)
ACTION: Deferred.
4.C. CANNABIS STANDING SUBCOMMITTEE:
CONTINUED DISCUSSION AS IT RELATES TO NEW STATE LAWS
REGARDING ADULT RECREATIONAL AND MEDICAL CANNABIS:
(Councilmember Kors and Mayor Pro Tern Foat)
(See staff report by City Attorney under Item 4.A.)
Mayor Pro Tern Foat provided the report.
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City Council MINUTES July 5,2017 Page 13
Council discussion ensued.
ACTION: By consensus, the Council directed staff to bring back a
proposed ordinance as it relates to the new state laws regarding adult use
of medical cannabis.
5. NEW BUSINESS:
5.A. REVIEW, APPOINT, AND/OR REAPPOINT CITY COUNCIL
SUBCOMMITTEES AND OTHER APPOINTMENTS:
ACTION: By consensus this item was continued to July 6, 2017.
PUBLIC COMMENT: (Non-Agenda Items)
Nicole Ochoa, Renovate America and HERO PACE program, provided an update and
shared enhancements made to the program.
Sid Craig, Parks and Recreation Chair, questioned the process of appointment and the
need to change the meeting time.
Willie Holland, Jr. discussed his efforts to obtain a medical marijuana license from the
City and requested the City approve his license.
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT: None.
ADJOURNMENT: At 11:19 p.m., the City Council adjourned to an Adjourned Regular
Meeting on Thursday, July 6, 2017, at 4:00 p.m., at the Palm Springs Convention
Center, Primrose C and Primrose B, 277 N. Avenida Caballeros, Palm Springs.
Respectfully submitted,
Kathleen D. Hart, MMC
Interim City Clerk
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City Council MINUTES July 5,2017 Page 14
CERTIFICATION
STATE OFCALI FORN[A )
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 5, 2017, MINUTES were approved by the City Council of the City of Palm Springs at a regular
meeting held on November 1, 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSAL:
Kathleen D. Hart, MMC
Interim City Clerk
14
EXHIBIT A
CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF THE PALM SPRINGS
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CLOSED SESSION AGENDA
Wednesday, July 5, 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(a)
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)
2 Cases
CONFERENCE WITH REAL PROPERTY NEGOTIATOR G.C. 54956.8
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: 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)
CONFERENCE WITH LABOR NEGOTIATOR G.C. 54957.6
Palm Springs Fire Safety
Palm Springs Fire Management
PUBLIC EMPLOYEE EVALUATION G.C. 54957
Position: City Manager 15
CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
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MINUTES
THURSDAY, JULY 6, 2017
Palm Springs Convention Center
Primrose C and Primrose B
277 N. Avenida Caballeros, Palm Springs CA 92262
4:00 P.M. ADJOURNED REGULAR MEETING
CALL TO ORDER (Primrose C): Mayor Moon called the meeting to order at 4:02 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
ACCEPTANCE OF THE AGENDA:
ACTION: Approved the agenda as presented.
Approved unanimously (5-0-0) on a roll call vote.
PUBLIC COMMENTS: None.
1. INTERVIEW AND APPOINT APPLICANTS TO THE PLANNING COMMISSION
AND HISTORIC SITE PRESERVATION BOARD (HSPB), AS PART OF THE
2017 ANNUAL RECRUITMENT:
The City Council interviewed Planning Commission and Historic Site
Preservation Board applicants.
At 6:11 p.m. Mayor Moon recessed the meeting.
At 6:22 p.m. Mayor Moon reconvened the meeting. All members were present.
The City Council continued to interview Planning Commission and Historic Site
Preservation Board applicants.
ACTION:
1) Re-appoint Lisa Middleton and Michael Hirschbein to the Planning
Commission for terms ending June 30, 2020.
2) Re-appoint Dick Burkett and William LaVoie to the Historic Site
Preservation Board for terms ending June 30, 2020.
Approved unanimously (5-0-0) on a roll call vote.
At 6:43 p.m. Mayor Moon recessed the July 6, 2017, Adjourned Regular Meeting. 6
City Council MINUTES July 6,2017 Page 2
CALL TO ORDER (Primrose B): Mayor Moon reconvened at 7:05 p.m.
PRESENT: Councilmember Kors, Councilmember Mills, Councilmember Roberts,
Mayor Pro Tem Foat, and Mayor Moon
ABSENT: None
ALSO PRESENT: City Manager Ready, Assistant City Manager Fuller, City Attorney
Kotkin, and Interim City Clerk Hart
The July 5, 2017, adjourned meeting reconvened at 7:18 p.m.
PUBLIC COMMENTS: None.
5. NEW BUSINESS (Continued from July 5, 2017 Regular Meeting):
5.A. REVIEW, APPOINT, AND/OR REAPPOINT CITY COUNCIL
SUBCOMMITTEES AND OTHER APPOINTMENTS:
The Council reviewed the Council Committees and Ad Hoc Committees
and took the following actions:
1. Renamed Medical Cannabis Committee to Cannabis Ordinance
and Regulatory Activity Committee
2. Extended Audio/Visual System Upgrade Committee to
September 30, 2017
3. Deleted Information Technology Committee
4. Deleted Palm Springs Dog Park Committee
5. Deleted 2016 Strategic Planning Retreat Committee
6. Deleted Sign Ordinance Revision Committee
7. Deleted City Hall Landscape Committee
8. Deleted Vacant Building and Lot Regulations Committee
9. Extended Historic Plaza Theater Committee to December 31, 2018
10.Deleted Water Conservation Committee
11.Deleted Measure J Commission Ordinance Committee
12.Extended Downtown Palm Springs Park Committee to
December 31, 2018
13.Deleted Library Remodel/Expansion Committee
14.Deleted Sustainability Committee
15.Extended College of the Desert Committee to December 31, 2018
16.Renamed Special Events Committee to Special Event Permit
Process Committee and extended to December 31, 2018
17.Deleted Oswit Canyon Ad Hoc Subcommittee
18.Deleted Joint Powers Agreement Ad Hoc Subcommittee
19.Extended Planned Development District Ad Hoc Subcommittee to
December 31, 2017
20.Extended Vacation Rentals Ad Hoc Subcommittee to
December 31, 2017
21.Extended Solid Waste Franchise Agreement Ad Hoc Subcommittee
to December 31, 2017
22.Deleted Street Naming Ad Hoc Subcommittee
23.Extend Coachella Valley CVLink to December 31, 2018 17
City Council MINUTES July 6,2017 Page 3
The Council reviewed the City Council Standing Subcommittees and took
the following action:
1. Deleted the Trails Standing Subcommittee
The Council discussed the need to determine the City's representations
and positions on policy and executive committee. The Council decided to
place policy committee recommendations on the Council's consent
calendar.
The Council reviewed the City Council's appointments on External
Organizations and took the following action:
1. Staff will confirm City's role and requirement on Riverside County
Airport Land Use Commission
The Council reviewed the City Representatives to Projects and made no
changes.
The July 5, 2017, adjourned meeting adjourned at 7:38 p.m.
The July 6, 2017, Adjourned Regular Meeting reconvened at 7:38 p.m.
PUBLIC COMMENTS: None.
At 7:40 p.m. Mayor Pro Tem Foat left the dais due to a conflict of interest.
2. DISCUSSION ON A DEVELOPMENT AGREEMENT WITH PS COUNTRY
CLUB, LLC, RELATED TO THE DEVELOPMENT OF THE SERENA PARK
PROJECT; CASE 5.1327, PDD-366/MAJ, TTM36691:
Assistant City Manager Fuller presented the staff report.
City Council discussion ensued.
Mayor Moon appointed Councilmembers Mills and Roberts to the Serena Park
ad hoc subcommittee, with a sunset date of December 31, 2017.
City Council discussion continued.
ACTION:
By consensus, Council directed staff and the ad hoc subcommittee to negotiate
with the developer a 20-year development agreement for consideration on
July 19, 2017, to include the following:
• Performance Schedule
• A development agreement fee in the amount of $3 million to be paid within
three (3) years for the in-lieu density transfer fee
At 8:33 p.m. Mayor Pro Tem Foat returned to the dais.
18
City Council MINUTES July 6,2017 Page 4
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT: (deferred from July 5, 2017)
The Council reviewed the upcoming agenda development document and took the
following actions:
1. Confirmed cancellation of the meetings on September 20 and
December 20, 2017
2. Added discussion item on ballot measures on July 19, 2017
3. Added a budget placeholder on July 19 and July 26 to consider Desert
Healthcare District matching funds
4. Moved leaf blower to July 19, 2017
5. Bring back animal ordinance in September or October 2017
6. Moved strategic planning to 2018
7. Bring back social cycle in September 2017
8. Added solar ordinance in September 2017
Councilmember Mills stated his concerns on the landscape change at the Riviera Hotel
and suggested better defining staff approval dealing with location and/or size of
property. City Council discussion ensued. By conscensus, the City Manager was
directed to negotiate with the Riviera Hotel to modify the landscaping.
Councilmember Mills initiated Council review of a cannabis grow facility project, by Safe
Access and near the peaker plant. He suggested that at the time they request a
permanent facility the City should require landscaping or other improvement.
ADJOURNMENT:
At 8:53 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
II
1. 9
City Council MINUTES July 6,2017 Page 5
CERTIFICATION
STATE OFCALI FORN IA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, California, hereby certify
that the July 6, 2017, MINUTES were approved by the City Council of the City of Palm Springs at a regular
meeting held on November 1, 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSAL:
Kathleen D. Hart, MMC
Interim City Clerk
20