Loading...
HomeMy WebLinkAbout9/26/2017 - STAFF REPORTS - 1.N. CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA oniM, Gt pPi i �' c v N f4hson��P MINUTES WEDNESDAY, May 17, 2017 Palm Springs Convention Center, Primrose B 277 N. Avenida Caballeros, Palm Springs, CA 92262 4:30 P.M. CLOSED SESSION CALL TO ORDER (Primrose B): Mayor Moon called the meeting to order at 4:30 p.m. All members of the City Council were present. PUBLIC COMMENT (Council Chamber): None. RECESS TO CLOSED SESSION (Mesquite B): See Closed Session Agenda, Exhibit A. The Mayor and City Council recessed to Closed Session in Mesquite B at 4:31 p.m. 6:00 P.M. REGULAR CITY COUNCIL 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: Councilmember Mills requested Item 1 G to be removed from the Consent Calendar. Mayor Pro Tern Foat requested Items 1 A, 1 F, and 1 H to be removed from the Consent Calendar. Councilmember Kors requested Item 1G to be removed from the Consent Calendar. ITEM NO. -1 -IV' _ City Council Minutes May 17, 2017 Page 2 Councilmember Roberts requested Item 1 H to be removed from the Consent Calendar. ACTION: Approve the agenda as presented with the removal of Items 1 A, 1 F, 1 G, and 1 H from the Consent Calendar for a separate vote. Unanimously (5-0-0) approved by the City Council on a roll call vote. REPORT OF CLOSED SESSION: City Attorney Kotkin stated the Council addressed all items reflected on the noticed agenda; provided direction to the real property negotiator on two items; provided general direction with respect to labor negotiations; and stated no other reportable actions were taken. PRESENTATIONS: Mayor Pro Tern Foat and Councilmember Kors, City Council Homelessness Standing Subcommittee, provided an update on homelessness, including the history and closure of Roy's, CVAG actions, and the City of Palm Springs programs. Herb Schultz, Director of Desert Health Care District, Riverside County, discussed the Board's approval of a concept for a West Valley Homeless initiative and appropriation of up to $2 million for a challenge grant or match. Marcus Canon, Department of Behavioral Health Crisis Team Supervisor, discussed homeless outreach efforts. Mayor Pro Tern Foat spoke of the affordable housing crisis and explained the relocation of existing County of Riverside Department of Public Services. PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) Arlene Rosenthal, Well in the Desert, addressed the Council regarding homelessness. Wendy Garnatz, Well in the Desert, discussed homelessness and the need for a cooling center. Russ Uthe, Co-Chair of the Ethics Committee and Chair of the Personnel Board, offered his assistance related to Item 5A. Robert Stone addressed the Council regarding Item 5A. David Freedman, Co-Chair of the Task Force Transparency Group, urged the implementation of the recommendations in Item 5A. Robert Findley addressed the Council regarding Item 51. ' 02 City Council Minutes May 17, 2017 Page 3 Joy Brown Meredith addressed the Council regarding homelessness. Jean Taylor spoke in support of ordinance in Item 3A. Adam Teixedra spoke of the need for regulation under Item 3A. CITY COUNCIL AND CITY MANAGER'S COMMENTS AND REPORTS: City Manager Ready discussed the City's bond refinancing and reported the City's AA bond rating had been reaffirmed. CITY COUNCIL SUBCOMMITTEE REPORTS: Councilmember Roberts stated the Downtown Subcommittee met with the developer to discuss how to control and monitor parking at the Virgin Hotel. Mayor Moon stated he and Councilmember Mills met regarding efforts to generate revenue for the Buzz Trolley. Mayor Moon reported he met with Councilmember Roberts, Walk of Stars ad hoc Subcommittee, to review the license agreement and agreed upon a moratorium. Councilmember Roberts clarified that the moratorium would prevent placement of any new stars. Mayor Moon encouraged applications by June 5, for the Fiscal Year 2017-18 Event Sponsorships and Grant Program Funding. 1. CONSENT CALENDAR: ACTION: Approve Items 1 B, 1 C, 1 D, 1 E, 11, 1 J and 1 K. Unanimously (5-0-0) approved by the City Council on a roll call vote. 1.6. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF APRIL 2017: ACTION: Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of April 1 through April 30, 2017. Approved as part of the Consent Calendar. I.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 24223, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANT NUMBERED 1091537 IN THE AGGREGATE AMOUNT OF $20,000.00, DRAWN ON BANK OF AMERICA." 2) Adopt Resolution No. 24219, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD 03 City Council Minutes May 17, 2017 Page 4 ENDED 04-08-2017 BY WARRANTS NUMBERED 419897 THROUGH 419909 TOTALING $21,243.84, LIABILITY CHECKS NUMBERED 1091538 THROUGH 1091558 TOTALING $81,647.36, FIVE WIRE TRANSFERS FOR $63,774.67, AND THREE ELECTRONIC ACH DEBITS OF $1,362,642.56 IN THE AGGREGATE AMOUNT OF $1,529,308.43, DRAWN ON BANK OF AMERICA." 3) Adopt Resolution No. 24220, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1091559 THROUGH 1091708 IN THE AGGREGATE AMOUNT OF $2,701,992.65, DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar. 1.D. ACCEPTANCE OF THE 2015 CITYWIDE ANNUAL SLURRY SEAL, CP 15-02: ACTION: 1) Accept the public works improvement identified as the 2015 Citywide Annual Slurry Seal as completed in accordance with the plans and specifications, CP 15-02. A6774. 2) Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the 2015 Citywide Annual Slurry Seal, CP 15-02. Approved as part of the Consent Calendar. 1.E. ACCEPTANCE OF THE HERMOSA DRIVE STREET AND STORM DRAINAGE IMPROVEMENTS, FEDERAL PROJECT, CP 09-04: ACTION: 1) Accept the public works improvement identified as the Hermosa Drive Street and Storm Drainage Improvements as completed in accordance with the plans and specifications, Federal Project PLHDL06- 5282 (032) & HPLUL-5282 (033), CP 09-04. A6845. 2) Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Hermosa Drive Street and Storm Drainage Improvements, Federal Project PLHDL06-5282 (032) & HPLUL-5282 (033), CP 09-04. Approved as part of the Consent Calendar. 1.1. AMENDMENT NO. 7 TO AGREEMENT NO. A6329 A PURCHASE AND SALE AGREEMENT WITH SELENE PALM SPRINGS, LLC: ACTION: 1) Approve Amendment No. 7 to Agreement No. A6329 with Selene Palm Springs, LLC for the sale of a 7.8-acre parcel at the northeast corner of Calle Alavarado and Amado Road. 2) Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. 04 City Council Minutes May 17, 2017 Page 5 1.J. AGREEMENT FOR ATTORNEY SERVICES WITH WOODRUFF, SPRADLIN & SMART: ACTION: 1) Approve an Agreement for Attorney Services with Woodruff, Spradlin & Smart subject to negotiation, clarification, and revision by the City Attorney. A6980. 2) Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. 1.K. REPORT OF EMERGENCY ENGINE REPAIRS FOR FIRE ENGINE #5 PURSUANT TO SECTION 7.04.040. OF THE PALM SPRINGS MUNICIPAL CODE: ACTION: Receive and File the report of emergency engine repairs. Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: 1.A. ACCEPTANCE OF THE TAHQUITZ CREEK TRIANGLE GATEWAY, CP 14-16: ACTION: 1) Accept the public works improvement identified as the Tahquitz Creek Triangle Gateway as completed in accordance with the plans and specifications, CP 14-16. A6771. 2) Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Tahquitz Creek Triangle Gateway, CP 14-16. Unanimously (5-0-0) approved by the City Council on a roll call vote. 1.F. AGREEMENT WITH DESTINY SOFTWARE INC. FOR AN AGENDA MANAGEMENT SYSTEM IN THE AMOUNT OF $42,810 FOR FIVE YEARS, INCLUDING INSTALLATION, SETUP, TRAINING, AND UNLIMITED SUPPORT: ACTION: 1) Authorize the single source procurement of an agenda management system from Destiny Software Inc. 2) Approve an agreement with Destiny Software Inc. for an agenda management system in the amount of $42,810 for five years, including installation, setup, training, and unlimited support. A6981. 3) Authorize the City Manager to execute all necessary documents. Unanimously (5-0-0) approved by the City Council on a roll call vote. I.G. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID THE N. PALM CANYON DRIVE AT STEVENS ROAD AND VIA LAS PALMAS CROSSWALK INSTALLATIONS, CP 16-13: 05 City Council Minutes May 17, 2017 Page 6 ACTION: 1) Approve the plans, specifications, and estimate for the N. Palm Canyon Drive at Stevens Road and Via Las Palmas Crosswalk Installations, CP 16-13; and 2) Authorize staff to advertise and solicit bids for the N. Palm Canyon Drive at Stevens Road and Via Las Palmas Crosswalk Installations, CP 16-13. Unanimously (5-0-0) approved by the City Council on a roll call vote. 1.1-1. APPROVE A COOPERATIVE AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR A FUNDING CONTRIBUTION OF $200,000 FOR THE NORTH PALM CANYON DRIVE (STATE ROUTE 111) AT VIA ESCUELA TRAFFIC SIGNAL INSTALLATION, CP 17-05: ACTION: 1) Approve a Cooperative Agreement for State Highway Operation & Protection Program (SHOPP) Minor Funds Contribution from the California Department of Transportation for an amount up to $200,000 for the N. Palm Canyon Drive (State Route 111) and Via Esceula Traffic Signal Installation, CP 17-05. A6982. 2) Authorize the City Manager to execute all necessary documents. Unanimously (5-0-0) approved by the City Council on a roll call vote. 2. PUBLIC HEARINGS: 2.A. PROPOSED RESOLUTION TO PLACE DELINQUENT WASTE DISPOSAL CHARGES ON THE RIVERSIDE COUNTY TAX ROLLS FOR COLLECTION: Assistant City Manager Fuller provided a summary of the background information as outlined in 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: Adopt Resolution No. 24221, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING CERTAIN WASTE DISPOSAL ACCOUNTS TO BE DELINQUENT AND DIRECTING THE PLACEMENT OF THESE ACCOUNTS ON THE COUNTY PROPERTY TAX ROLLS FOR COLLECTION." Unanimously (5-0-0) approved by the City Council on a roll call vote. City Council Minutes May 17, 2017 Page 7 2.6. PROPOSED DESIGNATION OF 401 WEST MERITO PLACE AS A CLASS 1 HISTORIC SITE AND NOTICE OF EXEMPTION FROM CEQA, CASE HSPB 106: Director of Planning Services Fagg presented the staff report. Mayor Moon opened the public hearing. Alex Soleimani, property owner, spoke opposing the historic designation. Gary E. Hiatt spoke opposing the historic designation. Jim DiBella spoke opposing the historic designation. Lena Wade, legal counsel for the property owner, addressed the Council in opposition to the historic designation. Jessica Rafipour spoke opposing the historic designation. Ray Warman spoke opposing the historic designation. Sarah Frankel spoke in support of the historic designation. Jade Thomas Nelson spoke in support of the historic designation. Louise Hampton spoke opposing the historic designation. Jackie Autry spoke opposing the historic designation. Julie Hobeb spoke opposing the historic designation. Makenna Lidiak spoke in support of the historic designation. No others came forth to address the Mayor and City Council; therefore, Mayor Moon closed the public hearing. Mayor Moon discussed his review of the property and criteria for historic designation, and provided a photograph presentation of the property. ACTION: Adopt Resolution No. 24222, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING 401 WEST MERITO PLACE A CLASS 1 HISTORIC SITE, HSPB 106, APN 505-294-006, ZONE R-1-A". Unanimously (5-0-0) approved by the City Council on a roll call vote. ' 07 City Council Minutes May 17 2017 Page 8 2.C. SELENE PALM SPRINGS, LLC, FOR AN AMENDMENT TO A PREVIOUSLY-APPROVED FINAL PLANNED DEVELOPMENT DISTRICT (PD 333) AND TENTATIVE TRACT MAP 35236 FOR THE DEVELOPMENT OF A 171-ROOM HOTEL, 34 RESIDENTIAL UNITS AND ASSOCIATED FACILITIES LOCATED AT THE NORTHWEST CORNER OF AVENIDA CABALLEROS AND AMADO ROAD, CASE NO. 5.1132 — PD 333 AMND & TTM 35236: Director of Planning Services Fagg requested the item be continued to June 7, 2017. ACTION: 1) Table the public hearing with no public testimony at this time. 2) Continue the Public Hearing to June 7, 2017. 3) Direct the City Clerk to re-notice pursuant to applicable law. Motion by Councilmember Kors, seconded by Mayor Pro Tom Foat, and unanimously (5-0-0) carried on a roll call vote. 2.13. 750 LOFTS DEVELOPMENT AT 750 NORTH PALM CANYON DRIVE, CASE 5.1350 PDD 374/GPA/CUP/3.3795 MAJ City Attorney Kotkin requested the public hearing be tabled and renoticed. ACTION: 1) Table the public hearing with no public testimony at this time. 2) Direct the City Clerk to re-notice pursuant to applicable law. Motion by Mayor Pro Tom Foat, seconded by Councilmember Kors, and unanimously (5-0-0) carried on a roll call vote. 2.E. INTRODUCTION OF AN ORDINANCE AMENDING THE CITY'S SIGN ORDINANCE AND REPEALING THE "SIT AND LIE" ORDINANCE, AMENDING AND REPEALING SECTIONS OF THE PALM SPRINGS MUNICIPAL CODE: City Attorney Kotkin presented the staff report. Mayor Moon opened the public hearing. Joy Brown Meredith, representing Main Street Palm Springs Merchants Association, spoke in support of the proposed ordinance. No others came forth to address the Mayor and City Council; therefore, Mayor Moon closed the public hearing. 08 City Council Minutes May 17, 2017 Page 9 ACTION: By consensus, the Council referred the ordinance to staff for modifications to include the following: • Require encroachment permits • Allow signs on residential properties to be permanent • Allow no more than two, temporary, 4-square foot signs in residential districts • Remove "Sit and Lie" provisions and included language to provide Police enforcement • Remove "menu board" and refer to "service sign" • Uniform applicability across the City • Use the recommendation by ADA for access • Include indemnification and liability issues related to sidewalk safety and passage • Architectural features of buildings are not impacted by the sign ordinance • Prepare separate design guidelines and/or regulations for approval by the Council prior to the effective date of the ordinance • Spell out quality and criteria for signs • Include regulations for signs on multi-tenant buildings • Include regulations regarding flashing/electric signs At 9:30 p.m. Mayor Moon recessed the meeting. At 9:41 p.m. Mayor Moon reconvened the meeting. Mayor Moon stated it was approaching 10:00 p.m. and the tentatively scheduled adjournment time is 11:00 p.m. By consensus, the Council deferred Items 3A and 5A to Wednesday, May 24, 2017. 3. LEGISLATIVE: 3.A. INTRODUCTION OF AN ORDINANCE ADDING TO AND AMENDING 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: ACTION: Waive the reading of text in its entirety, read by title only, and introduce for first reading Ordinance No. , "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, 0. City Council Minutes May 17, 2017 Page 10 2019, AND PROVIDING FOR REGULATION OF ELECTRICAL OR BATTERY POWERED LEAF BLOWERS." Item deferred to Wednesday, May 24, 2017. No action taken. 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: 5.A. INITIAL REPORT BY CITY COUNCIL AD HOC SUBCOMMITTEE ON ETHICS, TRANSPARENCY AND GOVERNMENT REFORM: (Councilmember Kors and Mayor Moon) ACTION: Receive and file the report, and instruct the Subcommittee and/or City Attorney to undertake action consistent with its terms, and/or any additional Council direction agreed upon during discussion. Item deferred to Wednesday, May 24, 2017. No action taken. S.B. CITY COUNCIL HOMELESSNESS STANDING SUBCOMMITTEE UPDATE AND DISCUSSION: (Councilmember Kors and Mayor Pro Tern Foat) Brief Council discussion ensued. ACTION: By consensus, the Council directed staff to meet with the Well in the Desert to determine the location and apply for the CUP. 5.C. APPROPRIATE FUNDING AND AWARD PURCHASE OF NETWORK INFRASTRUCTURE EQUIPMENT: Director of Information Services Brown provided a summary as outlined in the staff report. ACTION: 1) Award IFB 17-04 and authorize the purchase of network infrastructure equipment from ConvergeOne, Inc. in the amount of $103,187 inclusive of all applicable taxes and shipping. 2) Appropriate funding from the Capital Projects Technology Enhancement Fund (261-54046). 3) Authorize the City Manager to execute the necessary documents. Unanimously (5-0-0) approved by the City Council on a roll call vote. 5.D. DESIGNATION OF A VOTING DELEGATE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE SEPTEMBER 13-15, 2017: ACTION: Appoint Mayor Moon as the Voting Delegate and Councilmember Kors as the Alternate Voting Delegate for the 2017 � Q City Council Minutes May 17, 2017 Page 11 League of California Cities Annual Conference in Sacramento, California, September 13-15, 2017. Unanimously (5-0-0) approved by the City Council on a roll call vote. 5.E. AUTHORIZE SUBMITTAL OF NEW AIRPORT PASSENGER FACILITY CHARGE APPLICATION: City Manager Ready presented the staff report. ACTION: 1) Authorize the preparation and submittal of a PFC application in accordance with FAA regulations and within the feasibility analysis range to fund, in part: A) the City Council approved Airport Master Plan Ticketing Renovation Project and programmed FAA Airport Improvement Program (AIP) projects over the next five (5) years; B) to retire all existing PFC Bond debt in connection with the funding of new AIP projects; and C) reimburse the Airport Fund for the local share of the cost of capital projects previously funded with FAA grants. 2) Authorize the City Manager to execute all FAA required documents. Unanimously (5-0-0) approved by the City Council on a roll call vote. S.F. PRELIMINARY OVERVIEW OF THE AIRPORT FISCAL YEAR 2017 — 2018 BUDGET: City Manager Ready provided a summary of the staff report. ACTION: No action taken. 5.G. CONTINUED DISCUSSION AND DIRECTION ON THE FISCAL YEAR 2017-18 BUDGET: ACTION: No action taken. S.H. APPOINT TWO (2) MEMBERS OF THE CITY COUNCIL TO THE AD HOC SUBCOMMITTEE FOR THE TAHQUITZ CREEK GOLF COURSE OPERATION AGREEMENT RENEWAL WITH THE SUNSET DATE OF DECEMBER 31, 2017: City Manager Ready presented the staff report. ACTION: Appoint Councilmembers Roberts and Mills to the ad hoc subcommittee for the Tahquitz Creek Golf Course Operation Agreement Renewal with the sunset date of December 31, 2017. Unanimously (5-0-0) approved by the City Council on a roll call vote. 5.1. APPOINT TWO (2) MEMBERS OF THE CITY COUNCIL TO THE AD HOC SUBCOMMITTEE FOR COMMUNICATIONS WITH THE SUNSET DATE OF DECEMBER 31, 2017: 1 .� City Council Minutes May 17, 2017 Page 12 Councilmember Kors provided the report. ACTION: Appoint Councilmember Kors and Mayor Pro Tern Foat to the ad hoc subcommittee for Communications with the sunset date of December 31, 2017. Unanimously (5-0-0) approved by the City Council on a roll call vote. PUBLIC COMMENT: (Non-Agenda Items) Dean Mangione, USA Pickle Ball Association, discussed the success of the program and need for additional courts. Lee Wilson Jr., Palm Springs Fallen Heroes Project, encouraged residents to view the display at Welwood and thanked the City Council for waiving the banner fees. He announced the Memorial Day Celebration and requested a proclamation from the Mayor. Tim Sigle discussed efforts to support the homeless. Christy Holstege commended the City Council for its work on homelessness. COUNCILMEMBER AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT: Mayor Moon stated an ordinance regarding vacant and boarded buildings would be presented to the Council on June 7, 2017. Councilmember Kors requested the formation of an ad hoc subcommittee to consider funding for homelessness. Councilmember Mills requested the agreement for Social Cycles be presented to the Council. ADJOURNMENT: The City Council adjourned at 10:18 p.m. to a special meeting on Wednesday, May 24, 2017, at 6:00 p.m., in Primrose B, Palm Springs Convention Center at 277 North Avenida Caballeros, Palm Springs. Respectfully submitted, KATHLEEN D. HART, MMC Interim City Clerk 12 City Council Minutes May 17, 2017 Page 13 CERTIFICATION STATE OF CALIFORNIA ) 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 May 17, 2017, MINUTES were approved by the City Council of the City of Palm Springs at a regular meeting held on the July 5, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSAL: KATHLEEN D. HART, MMC Interim City Clerk 13 Exhibit A CITY COUNCIL AND AS SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF THE PALM SPRINGS oaeuxiaq 2 O ^saw f'!.1l01M�'• CLOSED SESSION AGENDA Wednesday, May 17, 2017 — 4:30 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. EXPOSURE TO LITIGATION G.C. 54956.9(1-) 8 Cases INITIATION OF LITIGATION G.C. 54956.9(c) 2 Cases CONFERENCE WITH REAL PROPERTY NEGOTIATOR G.C. 54956.8 Property Address/Description: APN 666-140-024, 63775 Dillon Road Agency: City of Palm Springs City Negotiator: David H. Ready, City Manager or Designee Negotiating Parties: Riverside County Economic Development Agency Under Negotiation: Price and Terms of Payment (Acquisition) Property Address/Description: APN 669-330-025, 480 W. Tramview Road Agency: City of Palm Springs City Negotiator: David H. Ready, City Manager or Designee Negotiating Parties: Riverside County Office of Education (RCOE) Under Negotiation: Price and Terms of Payment (Lease) CONFERENCE WITH LABOR NEGOTIATOR G.C. 54957.6 City Negotiator: David Ready, City Manager or Designee Perry Madison, Director of Human Resources Employee Organizations: All Bargaining Units 14 CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA Or�alM s"i � �1 A R V r9/.fOaN�P. MINUTES WEDNESDAY, JUNE 7, 2017 Palm Springs Convention Center, Primrose B 277 N. Avenida Caballeros, Palm Springs, CA 92262 5:00 P.M. CLOSED SESSION CALL TO ORDER (Primrose B): Mayor Moon called the meeting to order at 5:00 p.m. Councilmember Kors, Councilmember Roberts, Mayor Pro Tern Foat, and Mayor Moon were present, and noting the absence of Councilmember Mills. PUBLIC COMMENT (Primrose B): No one came forth to address the Mayor and City Council. RECESS TO CLOSED SESSION (Mesquite B): See Closed Session Agenda, Exhibit A. The Mayor and City Council recessed to Closed Session in Mesquite B at 5:01 p.m. 6:00 P.M. REGULAR CITY COUNCIL MEETING CALL TO ORDER: Mayor Moon called the meeting to order at 6:14 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. 15 City Council Minutes June 7, 2017 Page 2 ACCEPTANCE OF THE AGENDA: ACTION: Approve the agenda as presented. Approved by a majority (4-0-1, Councilmember Mills absent) roll call vote. REPORT OF CLOSED SESSION: City Attorney Kotkin reported that direction was provided to staff on items on the posted Closed Session Agenda and no other reportable actions were taken. PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) Michael Green, Small Hotel Tourism Business Improvement District (T-BID), addressed the Council regarding Item 1.D. Robert Findley indicated support for the ordinance in Item D.1. Roxanne Ploss discussed Item D.1. and urged the Council to ban gas leaf blowers. Judy Deertrack addressed the Council regarding Item D.2., indicating opposition to the length and location of public comments. Robert Stone discussed Item D.2. and suggested disclosure requirements of LLCs and financing for large projects. Tony Marchese addressed the Council regarding Item S.A. CITY COUNCIL AND CITY MANAGER'S COMMENTS AND REPORTS: City Manager Ready announced that the City of Palm Springs had secured the 2019 Neighborhood USA Conference. He thanked the neighborhood organizations, and introduced Eric Chiel to provide the detailed information. Mayor Pro Tern Foat discussed the recent CVAG meeting regarding homelessness and the three-city agreement for shared services to be administered by CVAG with assistance from the County. She discussed the CVAG Transportation Committee 2017 CVAG Bike and Pedestrian Safety Program grants and commended Assistant City Manager Fuller and his staff for receipt of five (5) of the 11 grants. Assistant City Manager Fuller stated the City would receive $6.1 million. CITY COUNCIL SUBCOMMITTEE REPORTS: Councilmember Roberts discussed the Cornelia White House project and free services provided by Dave Johnson. He reported on replacement and remodeling of Downtown landscaping and furniture and the proposed model corner. . 6 City Council Minutes June 7, 2017 Page 3 1. CONSENT CALENDAR: ACTION: Approve Consent Calendar Items 1.A. through 1.U. Approved by a majority (4-0-1, Councilmember Mills absent) roll call vote. 1.A. APPROVE ENROLLMENT IN COUNTY OF RIVERSIDE MASTER MICROSOFT ENTERPRISE AGREEMENT FOR LICENSE OF MICROSOFT SOFTWARE: ACTION: 1) Enter into an agreement with Microsoft for the Enterprise License Agreement via the Riverside EA. A6985. 2) Award a Purchase Order to Insight Public Sector Inc. who was awarded as the lowest responsible bidder by the County of Riverside, in an amount not to exceed $73,313.76 for the first year of the Microsoft Enterprise Agreement, and authorize staff to issue annual purchase orders to renew the enterprise agreement each fiscal year with any applicable "true-up" adjustments thereafter if funded during the budget process. 3) Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. 1.13. AMENDMENT NO. 5 IN THE AMOUNT OF $84,616.73 TO PROFESSIONAL SERVICES AGREEMENT NO. A6190 WITH CNS ENGINEERS, INC., FOR THE RAMON ROAD WIDENING FROM SAN LUIS REY DR. TO LANDAU BLVD. INCLUDING THE WHITEWATER RIVER BRIDGE WIDENING, FEDERAL-AID PROJECT NO. BHLS-5282 (040) CP 08-25: ACTION: 1) Approve Amendment No. 5 to the Professional Services Agreement No. A6190 with CNS Engineers, Inc., to incorporate additional engineering design services in the amount of $84,616.73 for an increased total contract amount of $3,114,871.58 for the Ramon Road Widening from San Luis Rey Dr. to Landau Blvd., including the Whitewater River Bridge Widening, Federal-Aid Project No. BHLS-5282 (040), CP 08-25. 2) Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. 1.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 24224, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1091709 THROUGH 1091798 IN THE AGGREGATE AMOUNT OF $2,886,056.31, DRAWN ON BANK OF AMERICA." 2) Adopt Resolution No. 24225, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 04-22-2017 BY WARRANTS NUMBERED 419910 THROUGH ' 7 City Council Minutes June 7, 2017 Page 4 419927 TOTALING $32,834.05, LIABILITY CHECKS NUMBERED 1091799 THROUGH 1091819 TOTALING $82,599.22, FIVE WIRE TRANSFERS FOR $57,809.08, AND THREE ELECTRONIC ACH DEBITS OF $1,436,311.02 IN THE AGGREGATE AMOUNT OF $1,609,553.37, DRAWN ON BANK OF AMERICA." 3) Adopt Resolution No. 24226, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1091820 THROUGH 1091956 IN THE AGGREGATE AMOUNT OF $1,776,412.37, DRAWN ON BANK OF AMERICA." 4) Adopt Resolution No. 24227, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1091957 THROUGH 1092102 IN THE AGGREGATE AMOUNT OF $3,180,384.71, DRAWN ON BANK OF AMERICA." 5) Adopt Resolution No. 24228, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 05-06-2017 BY WARRANTS NUMBERED 419928 THROUGH 419941 TOTALING $28,682.34 LIABILITY CHECKS NUMBERED 1092103 THROUGH 1092123 TOTALING $83,166.58, FIVE WIRE TRANSFERS FOR $57,871.58, AND THREE ELECTRONIC ACH DEBITS OF $1,432,060.78 IN THE AGGREGATE AMOUNT OF $1,601,781.28, DRAWN ON BANK OF AMERICA." 6) Adopt Resolution No. 24229, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1092124 THROUGH 1092289 IN THE AGGREGATE AMOUNT OF $1,648,587.95, DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar. I.D. PROPOSED RESOLUTION DECLARING THE CITY'S INTENTION TO LEVY ASSESSMENTS FUNDING THE PALM SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT AND SETTING A TIME AND PLACE FOR THE PUBLIC HEARING: ACTION: 1) Adopt Resolution No. 24230, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE CITY'S INTENTION TO RENEW THE PALM SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT TO LEVY ASSESSMENTS WITHIN THE DISTRICT AND SETTING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO." 2) Direct the City Clerk to give notice as required by law. Approved as part of the Consent Calendar. ' 6 y City Council Minutes June 7, 2017 Page 5 1.E. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF INDIAN WELLS TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE TERM ENDING JUNE 30, 2019: ACTION: Reappoint Robert Berriman, as the City of Indian Wells representative, to the Palm Springs International Airport Commission for the term ending June 30, 2019. Approved as part of the Consent Calendar. 1.F. RESIGNATION OF GLEN PERRY FROM THE ADMINISTRATIVE APPEALS BOARD FOR THE TERM ENDING JUNE 30, 2018: ACTION: 1) Accept with regret the resignation of Glen Perry from the Administrative Appeals Board. 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.G. RESIGNATION OF DAVID WILLIAMS FROM THE ADMINISTRATIVE APPEALS BOARD FOR THE TERM ENDING JUNE 30, 2017: ACTION: 1) Accept with regret the resignation of David Williams from the Administrative Appeals Board. 2) Direct the City Clerk to post a notice of vacancy for the term ending June 30, 2017. Approved as part of the Consent Calendar. 1.H. ACCEPT GRANT FUNDING IN THE AMOUNT OF $17,010.99 FROM THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE FOR THE PURCHASE OF BULLETPROOF VESTS: ACTION: 1) Accept the 2015 grant award in the amount of $3,515.08 and the 2016 grant award in the amount of $13,495.91, for a total of $17,010.99, from the United States Department of Justice (DOJ), Bureau of Justice Assistance (BJA) for the purchase of bulletproof vests. 2) Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. 1.1. REJECT ALL BIDS RECEIVED FOR THE AIRPORT CARPET CLEANING SERVICES IFB NO. 17-02: ACTION: Reject the bid received on April 18, 2017, from Sierra Aviation Group for Airport Carpet Cleaning services IFB No.17-02 and authorize airport staff to perform the services until further notice with no re-bid at this time. Approved as part of the Consent Calendar. y. 9 City Council Minutes June 7, 2017 Page 6 1.J. REQUEST BY ELEVATED EXPERIENCES LLC FOR A RESOLUTION OF PUBLIC CONVIENENCE OR NECESSITY (PCN) TO SELL BEER (TYPE 40 ALCOHOLIC BEVERAGE CONTROL LICENSE) AT THE EXISTING CAFE/COFFEE SHOP LOCATED AT THE AERIAL TRAM VALLEY STATION, 1 TRAM WAY (CASE 5.1412 PCN): ACTION: Adopt Resolution No. 24231, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING THE PUBLIC CONVENIENCE WILL BE SERVED BY THE SALE OF BEER FOR CONSUMPTION ON OR OFF PREMISES (TYPE 40 STATE ALCOHOLIC BEVERAGE CONTROL LICENSE) AT A CAFE/COFFEE SHOP LOCATED WITHIN THE AERIAL TRAMWAY VALLEY STATION, 1 TRAM WAY AND WITHIN CENSUS TRACT 9405." Approved as part of the Consent Calendar. 1.K. APPROVAL OF FACILITY USE AGREEMENT FOR THE DEMUTH COMMUNITY CENTER WITH BLOOM IN THE DESERT MINISTRIES: ACTION: 1) Approve Facility Use Agreement with Bloom in the Desert Ministries for use of the Demuth Community Center for a period of three (3) years, with two (2), one-year optional extensions, commencing July 1 , 2017. A6015. 2) Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. 1.L. AWARD PURCHASE OF MOBILE DATA TERMINALS: ACTION: 1) Approve the purchase of ten (10) MDT's and related installation hardware from Broadcast Microwave Services / Data 911 Products, in the amount of $68,028.62 inclusive of all applicable taxes and shipping, utilizing GSA Contract No. GS35F0259U. A special one-time package discount of$2,500.00 is included in the price. 2) Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. 1.M. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS CITYWIDE STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS, FISCAL YEAR 2017-18: ACTION: 1) Adopt Resolution No. 24232, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE PREPARATION OF AND GIVING PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 3, AND PARKWAY MAINTENANCE DISTRICT NOS. 6A, 6C, 7, 8, 9, AND 10 (ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12, TO ESTABLISH 20 City Council Minutes June 7, 2017 Page 7 ANNUAL ASSESSMENTS AND THE LEVY AND COLLECTION RELATED THERETO FOR FISCAL YEAR 2017-18." 2) Adopt Resolution No. 24233, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON JULY 5, 2017, REGARDING 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 TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2017-18." Approved as part of the Consent Calendar. 1.N. WAIVER OF FEES FOR A CONDITIONAL USE PERMIT APPLICATION (CASE 5.1419 CUP): ACTION: Approve the waiver of application fees associated with a Conditional Use Permit filed by Well in the Desert (Case 5.1419 CUP). Approved as part of the Consent Calendar. 1.0. ACCEPTANCE OF THE REPAIRS AND INSTALLATION OF IN- GROUND LIGHTED CROSSING SYSTEMS AT VARIOUS LOCATIONS, CP 16-16: ACTION: 1) Accept the public works improvement identified as the Repairs and Installation of In-Ground Lighted Crossing Systems as completed in accordance with the work order, CP 16-16. A6858. 2) Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Repairs and Installation of In-Ground Lighted Crossing Systems, CP 16-16. Approved as part of the Consent Calendar. 1.P. APPROVE AMENDMENTS TO COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) REIMBURSEMENT AGREEMENTS FOR INCREASED FUNDING COMMITMENTS AND ESTABLISH TIME TRIGGERS ASSOCIATED WITH VARIOUS PHASES OF CITY PROJECTS: ACTION: 1) Approve Amendment No. 1 to Agreement No. A6530, a Reimbursement Agreement with the Coachella Valley Association of Governments, increasing funding to the Preliminary Engineering (PE) phase, includes funding commitments for the remaining phases (Right of Way and Construction) and establish associated time triggers for the South Palm Canyon Drive Bridge Replacement over Tahquitz Creek, Federal-Aid Project No. BRLS 5282(042) CP 12-02. 11 21 City Council Minutes June 7, 2017 Page 8 2) Approve Amendment No. 1 to Agreement No. A6531, a Reimbursement Agreement with the Coachella Valley Association of Governments, increasing funding to the Preliminary Engineering (PE) phase, includes funding commitments for the remaining phases (Right of Way and Construction) and establish associated time triggers for the East Palm Canyon Drive Bridge Rehabilitation over Palm Canyon Wash, Federal-Aid Project No. BRLS 5282(041) CP 12-04. 3) Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. 1.Q. APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NOS. F045 AND F046, WITH THE STATE OF CALIFORNIA FOR USE OF HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) FUNDS FOR TRAFFIC SIGNAL MODIFICATIONS, FEDERAL-AID PROJECT NO. HSIPLN-5282(047) AND INSTALLATION OF A FLASHING BEACON, FEDERAL-AID PROJECT NO. HSIPL-5282(048), CP 16-18: ACTION: Adopt Resolution No. 24234, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NOS. F045 AND F046 TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282F15 WITH THE STATE OF CALIFORNIA, IN THE AMOUNTS OF $479,700 AND $66,200, RESPECTIVELY, FOR USE OF HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) FUNDS FOR TRAFFIC SIGNAL MODIFICATIONS, FEDERAL-AID PROJECT NO. HSIPLN-5282(047) AND FOR INSTALLATION OF A FLASHING BEACON, FEDERAL-AID PROJECT NO. HSIPL-5282(048) AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENTS ON BEHALF OF THE CITY OF PALM SPRINGS, CP 16-18." A6986. Approved as part of the Consent Calendar. 1.R. AUTHORIZE APPROVAL OF A PURCHASE ORDER IN THE AMOUNT OF $55,500 TO INTERWEST CONSULTING GROUP, INC., FOR BUILDING INSPECTIONS REQUIRED FOR NEW COMMERCIAL BUILDINGS LOCATED IN THE DOWNTOWN PALM SPRINGS DEVELOPMENT PROJECT: ACTION: 1) Approve a Purchase Order in the amount of $55,500 to Interwest Consulting Group, Inc., in accordance with Agreement No. A6686, to coordinate and provide as-needed building inspections through Fiscal Year 2017-18 required for new commercial buildings being constructed within the Downtown Palm Springs development project. 2) Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. 22 City Council Minutes June 7, 2017 Page 9 I.S. ACCEPTANCE OF $38,628 IN GRANT FUNDING FROM THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) FOR AN ALCOHOL ENFORCEMENT AND AWARENESS PROJECT TO BE USED TO ENFORCE, EDUCATE, AND BRING AWARENESS TO THE PUBLIC: ACTION: 1) Adopt Resolution No. 24235, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING A GRANT FROM THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL IN THE AMOUNT OF $38,628 FOR ALCOHOL ENFORCEMENT." 2) Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. I.T. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID THE PALM SPRINGS ROOF REPAIR AND REPLACEMENT PROJECT, CP 16-05: ACTION: 1) Approve the plans, specifications, and estimate. 2) Authorize staff to advertise and solicit bids for the Palm Springs Roof Repair and Replacement Project, CP 16-05. Approved as part of the Consent Calendar. 1.U. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID THE PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR PROJECT, CP 16-06: ACTION: 1) Approve the plans, specifications, and estimate. 2) Authorize staff to advertise and solicit bids for the Palm Springs Swim Center Replaster and Pool Repair Project, CP 16-06. Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: None. DEFERRED ITEMS FROM A PREVIOUS MEETING: D.I. INTRODUCTION OF AN ORDINANCE ADDING TO AND AMENDING 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: City Attorney Kotkin presented the staff report. 23 City Council Minutes June 7, 2017 Page 10 ACTION: Direct Staff to return the item with an alternative to banning all leaf blowers including language regarding use of leaf blowers on streets and hours of use. Approved by a majority (4-0-1, Councilmember Mills absent) roll call vote. D.2. REPORT BY AD HOC CITY COUNCIL SUBCOMMITTEE ON ETHICS, TRANSPARENCY AND GOVERNMENT REFORM: (Councilmember Kors and Mayor Moon) City Attorney Kotkin presented the staff report. City Council discussion ensued. ACTION: By consensus, the Council received and filed the report. 2. PUBLIC HEARINGS: 2.A. SELENE PALM SPRINGS, LLC, FOR AN AMENDMENT TO A PREVIOUSLY APPROVED FINAL PLANNED DEVELOPMENT DISTRICT 333 (PDD 333) AND TENTATIVE TRACT MAP 35236 FOR THE DEVELOPMENT OF A 171-ROOM HOTEL, 34 RESIDENTIAL UNITS, AND ASSOCIATED PARKING LOCATED AT THE NORTHWEST CORNER OF AVENIDA CABALLEROS AND AMADO ROAD, (CASE NOS. 5.1132-PDD 333 AMND & TTM 35236): Planning Director Fagg presented the staff report including a video presentation outlining the project. Mayor Moon opened the public hearing. Lauri Kibby, applicant, explained the design and modifications to address Planning concerns. David Powell stated the shift of the building created new issues. He thanked the developer for offering new windows and the green wall to mitigate noise. He expressed concern with construction noise. He stated the mitigated negative declaration was flawed and he wanted to ensure the residents were not negatively impacted. Mark Marshall indicated support for the project and urged Council approval. Ms. Kibby discussed the large expense to move the hotel and impact on the number of units. She discussed sound mitigation, underground parking, and replacement of window for adjacent residents. 24 City Council Minutes June 7, 2017 Page 11 No others came forth to address the City Council; therefore, Mayor Moon closed the public hearing. ACTION: Adopt Resolution No. 24236, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A SUBSEQUENT MITIGATED NEGATIVE DECLARATION AND THEREBY APPROVING A PROPOSED AMENDMENT TO PLANNED DEVELOPMENT DISTRICT 333 AND TENTATIVE TRACT MAP 35236, AS PROPOSED BY SELENE PALM SPRINGS, LLC, TO DEVELOP A 171-ROOM HOTEL, 34 RESIDENTIAL UNITS, AND ASSOCIATED PARKING ON 7.8 ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF AVENIDA CABALLEROS AND AMADO ROAD." Approved by a majority (4-0-1, Councilmember Mills absent) roll call vote. 2.13. CALLING AND CONDUCTING A SPECIAL ELECTION AND INTRODUCING AN ORDINANCE AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 17 TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES): Mayor Moon opened the public hearing and adjourned the matter to September 6, 2017. ACTION: 1) Continue the public hearing to September 6, 2017. 2) Direct the City Clerk to post a notice of continuance. Approved by a majority (4-0-1, Councilmember Mills absent) roll call vote. 2.C. 750 LOFTS DEVELOPMENT, PLANNED DEVELOPMENT DISTRICT 374, GENERAL PLAN AMENDMENT/CONDITIONAL USE PERMIT, MAJOR ARCHITECTURAL APPLICATION 3.3795, CASE 5.1350, LOCATED AT 750 NORTH PALM CANYON DRIVE: Mayor Moon opened the public hearing and adjourned the matter to June 21, 2017. ACTION: 1) Continue the public hearing to June 21, 2017, at 6:00 p.m. 2) Direct the City Clerk to post a notice of continuance. Approved by a majority (4-0-1, Councilmember Mills absent) roll call vote. 25 City Council Minutes June 7, 2017 Page 12 2.13. PUBLIC HEARING AND ADOPTION OF THE FISCAL YEAR 2017-18 BUDGET, ALLOCATED POSITIONS AND COMPENSATION PLAN, SUCCESSOR AGENCY ADMINISTRATIVE BUDGET, HOUSING SUCCESSOR AGENCY BUDGET, APPROPRIATIONS LIMIT, AND INVESTMENT POLICY: City Manager Ready presented the staff report. Mayor Moon opened the public hearing. Joe Cook spoke of the need for additional police officers in the Downtown Area and urged the Council to come on a ride-along in order to make an educated decision. Gretchen Gutierrez, CEO of Desert Valley Builders Association, addressed the Council regarding the comprehensive fee schedule and late notification. Aftab Dada, General Manager of the Hilton, recommended reducing the hours of operation of the Buzz Trolley. Jeff Kelsheimer, President of Palm Springs Professional Fire Fighters, indicated support for the Fire Chiefs budget requests. Josh Morgerman presented data on ridership of the Buzz Trolley, routes, marketing, and revenue opportunities. No others came forth to address the Mayor and City Council; therefore, Mayor Moon closed the public hearing. At 8:51 p.m. Mayor Moon recessed the meeting. At 9:05 p.m. Mayor Moon reconvened the meeting. ACTION: Approve the recommended budget with the following conditions: • Council agrees to commit to finding $6.5 million towards unfunded pension liability, half from General Fund Reserve to a newly created PERS fund and commit to finding another $3.25 million by October 31, 2017, through cuts and/or revenue. • Remove 5% increase from Vacation Rentals Permit Fees since they were just established. 1) Adopt Resolution No. 24237, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2017-18." co,6 City Council Minutes June 7, 2017 Page 13 2) Adopt Resolution No. 24238, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE BUDGET FOR FISCAL YEAR 2017-18 AND OTHER SUCH MATTERS AS REQUIRED." 3) Adopt Resolution No. 24239, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS CAPACITY AS THE SUCCESSOR AGENCY TO THE CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY, AND IN ITS CAPACITY AS THE HOUSING SUCCESSOR AGENCY TO THE CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY, APPROVING THE SUCCESSOR AGENCY AND HOUSING SUCCESSOR AGENCY BUDGETS FOR FISCAL YEAR 2017-18, AND OTHER SUCH MATTERS AS REQUIRED." 4) Adopt Resolution No. 24240, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN APPROPRIATIONS LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2018." 5) Adopt Resolution No. 24241, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN INVESTMENT POLICY GOVERNING THE INVESTMENT OF CITY FUNDS AND SUPERCEEDING RESOLUTION NO. 24070." 6) Direct the City Manager and Director of Finance and Treasurer to make the appropriate modifications to the Fiscal Year 2017-18 Budget and prepare the final budget document. Approved by a majority (4-0-1, Councilmember Mills absent) roll call vote. Councilmember Roberts stated it was past 10:00 p.m. and the tentatively scheduled adjournment time is 11:00 p.m., and recommended proceeding through the agenda. The consensus of the City Council was to proceed with the agenda. 3. LEGISLATIVE: None. 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: 5.A. TRIO RESTAURANT, FOR AN ART MURAL APPLICATION ON A COMMERCIAL RESTAURANT BUILDING LOCATED AT 707 NORTH PALM CANYON DRIVE (CASE 17-001 MUR): Planning Director Fagg presented the staff report. In response to Councilmember Roberts, Planning Director Fagg stated the $1,500 permit fee was paid after the mural was installed. Councilmember Roberts suggested staff bring back an ordinance shortening the process 27 City Council Minutes June 7, 2017 Page 14 and adding a penalty for those applicants that come through the process backwards. ACTION: Adopt Resolution No. 24242, "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." Approved by a majority (4-0-1, Councilmember Mills absent) roll call vote. 5.13. APPROVAL OF A LEASE AGREEMENT WITH RIVERSIDE COUNTY FOR PROPERTY LOCATED AT 63775 DILLON ROAD: City Manager Ready presented the staff report. ACTION: 1) Approve a Revenue Lease Agreement with the County of Riverside for use of the property located at 63775 Dillon Road identified by Assessor's Parcel Number 666-140-024, through June 30, 2020. A6987. 2) Authorize the City Manager to execute all necessary documents. Approved by a majority (4-0-1, Councilmember Mills absent) roll call vote. 5.C. APPROVE ANNUAL INSURANCE POLICY RENEWALS FOR THE CITY'S INSURANCE PORTFOLIO FOR FISCAL YEAR 2017-18: City Manager Ready presented the staff report. City Attorney Kotkin explained that the JPA had not adopted any resolutions or taken any actions. He stated the City could pull out of the JPA and did not limit the Council's discretion. City Manager Ready suggested insurance as a possible area for budget reduction. ACTION: 1) Adopt Resolution No. 24243, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING KEENAN & ASSOCIATES AS THE CITY'S BROKER OF RECORD, TO PURCHASE PROPERTY LIABILITY, EXCESS EARTHQUAKE/FLOOD LIABILITY (DIFFERENCE IN CONDITION), EXCESS LIABILITY, EXCESS WORKERS COMPENSATION, AIRPORT OWNERS AND OPERATORS LIABILITY, VILLAGEFEST LIABILITY, MULTI MEDIA LIABILITY, AIRCRAFT HULL LIABILITY, CRIME/FIDELITY LIABILITY, AND CYBER LIABILITY INSURANCE POLICIES FROM VARIOUS CARRIERS FOR POLICY YEAR 2017-18, EFFECTIVE JULY 1, 2017." 28 City Council Minutes June 7, 2017 Page 15 2) Adopt Resolution No. 24244, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS MEMBERSHIP IN THE MUNICIPAL INSURANCE COOPERATIVE JOINT POWERS AUTHORITY AND INSTRUCTING ITS DULY AUTHORIZED AGENT TO EXECUTE ON BEHALF OF THE CITY THE ATTACHED JOINT POWERS AGREEMENT AND APPOINTS THE CITY MANAGER, DAVID READY, AS ITS OFFICIAL REPRESENTATIVE TO THE MUNICIPAL INSURANCE COOPERATIVE JPA." Approved by a majority (4-0-1, Councilmember Mills absent) roll call vote. PUBLIC COMMENT: (Non-Agenda Items) Dean Maggioni announced that a grant had been awarded to fund the pickle ball program and upcoming pickle ball BBQ at Desert Highlands. He stated the Travel Channel would be showing the filming of pickle ball on September 26, 2017. Henry Hampton commended staff for obtaining pedestrian safety grant money awarded by CVAG. COUNCILMEMBER AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT: Councilmember Kors requested the following be added to upcoming items: 1) Discussion of City Manger's review in Closed Session; 2) Creation of an ad hoc committee on homelessness related funding; and 3) Consideration of a letter to honor the goals of the Paris Climate Treaty. Mayor Moon appointed Councilmember Kors and Mayor Pro Tern Foat to the Homelessness Funding Ad Hoc Committee. City Attorney Kotkin discussed the anticipated ballot measure on cannabis uses. ADJOURNMENT: The City Council adjourned, in honor of William Krisel, at 11:07 p.m. to the next regular meeting Wednesday, June 21, 2017, at 6:00 p.m., preceded by Closed Session at the Palm Springs Convention Center, Primrose B, at 277 North Avenida Caballeros, Palm Springs. Respectfully submitted, � KATHLEEN D. HART, MMC Interim City Clerk 29 City Council Minutes June 7, 2017 Page 16 CERTIFICATION STATE OF CALIFORNIA ) 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 June 7, 2017, MINUTES were approved by the City Council of the City of Palm Springs at an adjourned regular meeting held on the September 26, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSAL: KATHLEEN D. HART, MMC Interim City Clerk 30 EXHIBIT A CITY COUNCIL AND AS SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF THE PALM SPRINGS +OJ�PLM J../ O Y.....r •C�1/IOIO`' CLOSED SESSION AGENDA Wednesday, June 7, 2017 — 5:00 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) Intervention911 vs. City of Palm Springs Case No. EDCV1301117, United Stated District Court, Central District of California Thomas Alan Grossman vs. City of Palm Springs et al Case No. PSC1406472, Riverside Superior Court, Palm Springs Division INITIATION OF LITIGATION G.C. 54956.9(d)(4) One Case 31