HomeMy WebLinkAbout7/5/2017 - STAFF REPORTS - 1.G. CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
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MINUTES
WEDNESDAY, MAY 3, 2017
City Hall, Council Chamber
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
4:30 p.m. CLOSED SESSION
CALL TO ORDER (Council Chamber):
Mayor Moon called the meeting to order at 4:33 p.m.
All members of the City Council were present.
Douglas Holland, City Attorney, requested the City Council consider adding two items.
The information was received after the posting of the agenda.
EXISTING LITIGATION, G.C. 54956.9(a)
1. Protect Our Neighborhoods v. City of Palm Springs
Case No. RIC 1703102 Riverside Superior Court, Riverside Division
2. City of Palm Springs v. Luna Crest
Case No. RIC 1404912, Riverside Superior Court, Riverside 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 two (2) items pursuant to Cal. Gov. Code
Section 54956.9(e)(3) as shown below:
EXISTING LITIGATION, G.C. 54956.9(a)
a) Protect Our Neighborhoods v. City of Palm Springs
Case No. RIC 1703102 Riverside Superior Court, Riverside Division
b) City of Palm Springs v. Luna Crest
Case No. RIC 1404912, Riverside Superior Court, Riverside Division
PUBLIC COMMENT (Council Chamber):
No one came forth to address the Mayor and City Council.
RECESS TO CLOSED SESSION (Small Conference Room):
See Closed Session Agenda, Exhibit A.
ITEM NO. .3_.
City Council Minutes May 3, 2017 Page 2
The Mayor and City Council recessed to Closed Session in the small conference room
at 4:36 p.m.
It should be noted the following item was not discussed:
4348 Lockwood Ave., LLC, et al vs. The City of Palm Springs
Case No. RIC1704320, Riverside Superior Court, Riverside Division.
6:00 P.M. REGULAR CITY COUNCIL MEETING
CALL TO ORDER: Mayor Moon called the meeting to order at 6:04 p.m.
PLEDGE OF ALLEGIANCE: Mayor Moon led the salute to the flag.
ROLL CALL:
PRESENT: Councilmember Kors, Councilmember Mills, Councilmember Roberts,
Mayor Pro Tenn Foat, and Mayor Moon
ABSENT: None
ALSO PRESENT: City Manager Ready, Assistant City Manager Fuller, City Attorney
Holland, and Interim City Clerk Hart
PRESENTATIONS:
Mayor Moon and the City Council presented a proclamation to the employees'
associations recognizing their public service.
ACCEPTANCE OF THE AGENDA:
Councilmember Kors requested removal of Items 1A and IN from the Consent
Calendar.
Mayor Pro Tern Foat stated recusal on the Minutes of April 19, 2017, due to her
absence on April 19, 2017; recusal on Warrant No. 1091326, due to a conflict of
interest; and requested removal of Items 1 D and 1 N from the Consent Calendar.
Councilmember Mills stated recusal on the Minutes of April 19, 2017, due to his
absence on April 19, 2017; recusal on Item 1J due to a conflict of interest, his firm is
working on a project next to this project; and requested removal of Items 1 G, 1 H, 11, 1 K,
1 L, and 1 M from the Consent Calendar.
Councilmember Roberts requested removal of Item IN from the Consent Calendar.
ACTION: Approve the agenda as presented with the removal of Items 1A, 1 D, 1 G, 1 H,
11, 1 K, 1 L, 1 M, and 1 N from the Consent Calendar.
Motion by Councilmember Mills, seconded by Councilmember Kors, and
unanimously (5-0-0) carried on a roll call vote.
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City Council Minutes May 3, 2017 Page 3
City Manager Ready stated there will be a presentation by Tom Kirk, CVAG Executive
Director, with respect to the Community Choice Aggregation, and requested moving
Item 4A to follow the Consent Calendar.
ACTION: Approve moving Item 4A to follow the Consent Calendar.
Motion by Councilmember Mills, seconded by Councilmember Kors, and
unanimously (5-0-0) carried on a roll call vote.
REPORT OF CLOSED SESSION:
City Attorney Holland reported that the Council authorized a settlement agreement in
the case Amy Marschak v. City of Palm Springs; Erik Larson et al. The settlement
agreement was approved 4-1-0, Councilmember Roberts dissenting. A6976.
Additionally, City Attorney Holland reported 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)
Judy Deertrack, Palm Springs, expressed confusion on the process of Item 1 N.
Vic Yepello, Palm Springs, spoke in support of the CV Link and the need for the link in
the north end of Palm Springs.
Bob Terry, Desert Hot Springs, expressed concern with the CV Link application.
Tim Erkins, Palm Springs, recommended reconsideration by the Planning Commission
and Historic Site Preservation Board of the 750 Lofts project. He suggested the CV
Link be reconsidered by the voters.
John Nanos, Palm Springs, requested 750 Lofts be returned to the Planning
Commission due to the proposed heights and parking.
Emily Hemphill, land use counsel for 750 Lofts LLP, discussed litigation, indicated
support for removal of the event area, and requested approval of Item 1 N.
Nancy Ferguson, Palm Springs, provided a historical perspective on biking in Palm
Springs.
Randy Roberts, Palm Desert, spoke in opposition to the CV Link.
Jeri Barry, Palm Springs, spoke in support of the CV Link.
Robert Stone, Palm Springs, spoke in support of the CV Link.
John Martin, Palm Springs, spoke in opposition to the CV Link.
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City Council Minutes May 3, 2017 Page 4
Anita Kerezman, Palm Springs, stated her concerns with respect to security, safety, and
the cost of the CV Link.
Gary Lueders, Rancho Mirage, President of Friends of CV Link, spoke in support of the
CV Link.
Thomas Kohn, Palm Springs, spoke in support of the CV Link.
Diana Grace, Palm Springs, expressed concern with maintenance and operation costs
of the CV Link.
Lew Stewart, Palm Springs, suggested putting the CV link before the voters.
Rick Berg, Palm Springs, indicated support for the CV Link.
Mary Settle, La Quinta, spoke in support of CV Link.
John Siegel, Palm Springs, spoke in support of CV Link.
Michael Dees, Palm Springs, indicated support of the CV Link to Palm Springs but
questioned the northern route.
Margaret Myers, Palm Springs, spoke in opposition to the CV Link.
Randy Goldberg, Palm Springs, spoke in opposition to the CV Link.
Paul Hinrichsen, San Rafael Neighborhood, Co-Chair for One PS Neighborhood, Palm
Springs, spoke in support of the CV Link.
Robert Heinbaugh, Palm Springs, indicated support for the CV Link.
Christian Jelmberg, Homeless Outreach, Coachella Valley, addressed the Council
regarding the impact on the homeless by the CV Link.
Nancy Brown, Palm Springs, spoke in opposition to the CV Link.
Steven Sims, Go Bike USA, Palm Springs, suggested alternate routes for biking.
Mindy Reed, Palm Springs, spoke in support of additional Police presence in the
Downtown area and indicated support for the CV Link.
Anna Nevenic, Palm Springs, indicated opposition to the CV Link and suggested the
matter be placed on the ballot.
Joe Parker, San Diego, counsel for the lessee on Item 5B, stated he and Jennifer
Jackson were available to respond to questions.
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City Council Minutes May 3, 2017 Page 5
Robert Alexander, Palm Springs, spoke in support of Item 5C.
Patricia Breslin, Palm Springs, Historic Tennis Club, spoke with respect to Item 5D and
suggested the entire Council review all applicants for boards and commissions.
Debby Alexander, Palm Springs, owner of Peabody's, requested police presence in the
downtown area and approval of the transport officers in the budget.
Frank Tysen, Palm Springs, spoke opposing Item IN.
Felipe Castaneda spoke opposing Item 1 N.
Tony Aguilar, Palm Springs, spoke in support of Item 5C and requested the Council
take action on replacement of the stars.
CITY COUNCIL AND CITY MANAGER'S COMMENTS AND REPORTS:
City Manager Ready introduced the new City Engineer, Tom Garcia.
City Manager Ready introduced Tom Kirk, CVAG Executive Director, who provided a
presentation on Community Choice Aggregation.
At 7:43 p.m. Mayor Moon recessed the meeting.
At 8:01 p.m. Mayor Moon reconvened the meeting.
CITY COUNCIL SUBCOMMITTEE REPORTS:
None.
1. CONSENT CALENDAR:
ACTION: Approve Items 1 B, 1 C, 1 E, 1 F, and 1 J, noting the recusal of Mayor Pro
Tem Foat on Warrant No. 1091328 and the recusal of Councilmember Mills on
Item 1 J.
Motion by Councilmember Mills, seconded by Mayor Pro Tem Foat, and
unanimously (5-0-0) carried on a roll call vote.
I.B. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
RECOMMENDATION:
1) Adopt Resolution No. 24215, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 03-25-2017 BY WARRANTS NUMBERED 419883 THROUGH
419896 TOTALING $25,015.16, LIABILITY CHECKS NUMBERED
1091290 THROUGH 1091293 TOTALING $1,439.79, FIVE WIRE
TRANSFERS FOR $2,585.53, AND THREE ELECTRONIC ACH DEBITS
OF $1,427,045.98 IN THE AGGREGATE AMOUNT OF $1,456,086.46,
DRAWN ON BANK OF AMERICA."
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City Council Minutes May 3, 2017 Page 6
2) Adopt Resolution No. 24216, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1091294 THROUGH 1091391 IN THE AGGREGATE
AMOUNT OF $3,459,955.81, DRAWN ON BANK OF AMERICA."
3) Adopt Resolution No. 24217, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1091392 THROUGH 1091536 IN THE AGGREGATE
AMOUNT OF $1,717,531.46, DRAWN ON BANK OF AMERICA."
Approved as part of the Consent Calendar, noting the recusal pf
Mayor Pro Tern Foat on Warrant No. 1091326.
1.C. TREASURER'S INVESTMENT REPORT AS OF MARCH 31, 2017:
RECOMMENDATION: Receive and File the Treasurer's Investment
Report as of March 31, 2017,
Approved as part of the Consent Calendar.
1I.E. APPROVE AN AGREEMENT WITH R&R JANITORIAL IN THE
AMOUNT OF $373,520.88, FOR JANITORIAL SERVICES AT VARIOUS
CITY FACILITIES, REQUEST FOR PROPOSALS NO. 02-17:
RECOMMENDATION:
1) Award an initial three (3) year contract services agreement for
janitorial services for various city facilities to R&R Janitorial, in the amount
of $373,520.88, with fixed pricing valid through June 30, 2020, with two (2)
additional one-year extensions through June 30, 2022, with fixed pricing
subject to an annual CPI adjustment. A6973.
2) Authorize the City Manager to approve and execute Contract
Change Orders up to an additional cumulative amount of$50,000 annually
during the term of the agreement for additional / optional janitorial services
in accordance with the fixed pricing identified in Schedule II — Options
Pricing Sheet.Approved as part of the Consent Calendar.
1.F. INITIATION OF ANNEXATION NO. 17 TO COMMUNITY FACILITIES
DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES):
RECOMMENDATION: Adopt Resolution No. 24218, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY
INTO A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE
LEVY OF SPECIAL TAXES FOR CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1, (PUBLIC SAFETY
SERVICES), ANNEXATION NO. 17, 64 @ THE RIV, TRACT MAP NO.
37210." Approved as part of the Consent Calendar.
1.J. SECOND READING AND ADOPTION OF ORDINANCE NO. 1924,
AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY
FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION
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City Council Minutes May 3, 2017 Page 7
TERRITORY IDENTIFIED AS ANNEXATION NO. 16, MIRALON, TRACT
MAP NO. 31848 INTO 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. 1924, "AN
ORDINANCE OF THE CITY COUNCIL 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. 16, MIRALON, TRACT MAP NO. 31848 INTO COMMUNITY
FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES)."
Approved as part of the Consent Calendar, noting the recusal of
Councilmember Mills.
EXCLUDED CONSENT CALENDAR:
1.A. APPROVAL OF MINUTES:
Councilmember Kors requested continuing the March 15, 2017, Minutes.
He requested the following changes to the April 19, 2017, and
April 5, 2017, Minutes:
• April 19, 2017, Minutes, Page 8, third paragraph, support for "proposal"
rather than "projects"
• April 5, 2017, Minutes, Page 7, (Page 19 of the Staff Report) third
sentence up from bottom, add "and the ordinance."
• April 5, 2017, Minutes, Page 11, (Page 23 of the Staff Report) half way
down, comments relating to conversion, number 4 should be three
months' rent, delete "Free"; add "For relocation" and Delete number 5.
Councilmember Roberts requested the following changes to the
April 19, 2017, and the March 1, 2017, Minutes:
• April 19, 2017, Minutes, Page 2, halfway down, change to
"Councilmember Roberts requested adding an opportunity for the City
Council to vote on this issue and give direction to our CVAG
representative."
• April 19, 2017, Minutes, Page 9, middle of page, strike statement by
Councilmember Roberts.
• March 1, 2017, Minutes, Page 18, (Page 52 of the Staff Report) upper
third, in Councilmember Roberts statement strike "and the difficult
consideration."
ACTION: Approve the City Council Minutes of April 19, 2017,
April 5, 2017, March 1, 2017, February 27, 2017, January 19, 2017, and
January 4, 2017 with amendments requested by Councilmembers Kors
and Roberts and noting the recusal of Councilmember Mills and Mayor
Pro Tern Foat on the Minutes of April 19, 2017.
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City Council Minutes May 3, 2017 Page 8
Motion by Councilmember Kors, seconded by Councilmember
Roberts, and unanimously (5-0-0) carried on a roll call vote.
1.D. ACCEPTANCE OF GRANT FROM THE CALIFORNIA BOARD OF
STATE AND COMMUNITY CORRECTIONS (BSCC) IN THE AMOUNT
OF $69,197:
ACTION:
1) Approve the acceptance of a grant award from the California Board
of State and Community Corrections (BSCC) in the amount of $69,197.
A6972.
2) Authorize the City Manager to execute all necessary documents.
Motion by Councilmember Mills, seconded by Councilmember
Roberts, and unanimously carried on a roll call vote.
I.G. ACCEPTANCE OF THE PALM SPRINGS LIBRARY SHADE
STRUCTURE, CP 15-27:
Councilmember Mills stated he pulled the item because the product was
not the product that he envisioned.
ACTION:
1) Accept the public works improvement identified as the Palm
Springs Library Shade Structure, as completed in accordance with the
plans and specifications, CP 15-27. A6865.
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 Shade Structure, CP 15-27.
Motion by Mayor Pro Tem Foat, seconded by Mayor Moon, and
carried 4-1-0 (Mills NO) on a roll call vote.
AYES: Councilmembers Kors, Roberts, Mayor Pro Tern Foat, and
Mayor Moon
NOES: Councilmember Mills
ABSENT: None
ABSTAIN: None
RECUSED: None
1.H. APPROVAL OF RIGHT OF WAY ACQUISITION AGREEMENTS WITH
GRANITE CONSTRUCTION COMPANY FOR ASSESSORS PARCEL
NUMBER (APN) 669-100-001 FOR THE INDIAN CANYON DRIVE
WIDENING & BRIDGE REPLACEMENT, FEDERAL AID PROJECT NO.
BRLO 5282 (017) CP 01-11:
Councilmember Mills voiced his frustration with continual issues on the
site and stated the City should not have to pay for it but he would support
the item due to necessity.
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City Council Minutes May 3, 2017 Page 9
ACTION:
1) Approve a Right-of-Way Agreement for acquisition of real property
interest and escrow instructions with Granite Construction Company, in
the amount of $23,258, for acquisition of 1,633 square feet of right-of-way
and 21,595 square feet of slope easement across the property identified
as APN 669-100-001. A6974.
2) Approve a Temporary Construction Easement Agreement with
Granite Construction Company, in the amount of $44,960.40, for rental for
a period of five (5) years, of 59,947 square feet of a portion of the property
identified as APN 669-100-001. A6974.
3) 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.
Motion by Councilmember Mills, seconded by Councilmember Kors,
and unanimously (5-0-0) carried on a roll call vote.
1.1. AUTHORIZATION OF PAYMENT TO SOUTHERN CALIFORNIA
EDISON IN AN AMOUNT NOT TO EXCEED $75,000 FOR UTILITY
UPGRADES AT THE ANIMAL SHELTER ASSOCIATED WITH THE
SOLAR PHOTOVOLTAIC SYSTEM:
Councilmember Mills requested clarification.
ACTION: Authorize payment to Southern California Edison in an amount
not to exceed $75,000 to upgrade the existing SCE transformer serving
the City's Animal Shelter.
Motion by Councilmember Mills, seconded by Councilmember Kors,
and unanimously (5-0-0) carried on a roll call vote.
1.K. SECOND READING AND ADOPTION OF ORDINANCE NO. 1925,
AMENDING THE PALM SPRINGS ZONING CODE (PSZC) RELATING
TO THE CRITERIA AND PROCEDURES FOR THE REVIEW OF
EXTENSION OF TIME (EOT) APPLICATIONS:
Councilmember Mills suggested "use shall mean the beginning of
substantial construction or beginning of use that is authorized" on Page 8.
Councilmember Mills suggested "commenced" rather than "commends" in
Section 4, Subsection 93.23.07(G)(4).
City Attorney Holland stated Ordinance No. 1925 may be adopted with the
above mentioned administrative modifications.
ACTION: Waive the second reading of the ordinance text in its entirety,
read by title only, and adopt Ordinance No. 1925, "AN ORDINANCE OF
THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
City Council Minutes May 3, 2017 Page 10
AMENDMENTS TO CHAPTER 94.00 OF THE PALM SPRINGS ZONING
CODE (PSZC) RELATING TO THE CRITERIA AND PROCEDURES FOR
THE REVIEW OF EXTENSION OF TIME (EOT) APPLICATIONS" with the
administrative modifications as follows:
a) Section 3, 1. The last sentence shall read, The term "use" shall
mean the beginning of substantial construction or beginning of use
that is authorized, which construction must thereafter be pursued
diligently to completion.
b) Section 4, Subsection 93.23.07(G)(4). If the time limits .... has not
seamended commenced, or use permitted .... permit shall be
considered void.
Motion by Councilmember Roberts, seconded by Councilmember
Mills, and unanimously (5-0-0) carried on a roll call vote.
1.L. SECOND READING AND ADOPTION OF ORDINANCE NO. 1926,
AMENDING THE DEFINITION OF "ESTATE HOME" IN SECTION
5.25.030 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO
ESTATE HOMES AS VACATION RENTALS:
ACTION: Waive the second reading of the ordinance text in its entirety,
read by title only, and adopt Ordinance No. 1926, "AN ORDINANCE OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE
DEFINITION OF "ESTATE HOME" IN SECTION 5.25.030 OF THE PALM
SPRINGS MUNICIPAL CODE RELATING TO ESTATE HOMES AS
VACATION RENTALS."
Motion by Mayor Pro Tem Foat, seconded by Councilmember Kors,
and approved on a roll call vote (4-0-1) noting the recusal of
Councilmember Mills due to a conflict of interest.
AYES: Councilmembers Kors, Roberts, Mayor Pro Tern Foat, and
Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None
RECUSED: Councilmember Mills
1.M. REJECT ALL BIDS RECEIVED FOR THE POLICE DEPARTMENT
REMODEL, CP 15-05:
ACTION:
1) Reject the bids received on April 4, 2017, from Doug Wall
Construction Inc., and Future DB International Inc., for the Police
Department Remodel, CP 15-05.
2) Authorize re-bidding the Police Department Remodel, CP 15-05.
Motion by Councilmember Mills, seconded by Mayor Pro Tern Foat,
and unanimously (5-0-0) carried on a roll call vote.
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1.N. A RESOLUTION REQUIRING ELIMINATION OF THE EVENT AREA
FROM PLANNED DEVELOPMENT DISTRICT PDD-374, THE "750
LOFTS" PROJECT, CONFIRMING CONFORMITY WITH THE CITY'S
MUNICIPAL CODE WITH REGARD TO PARKING, AND OTHERWISE
AFFIRMING APPROVAL OF PDD-374:
City Attorney Holland stated he would like to change staff's
recommendation and explained that the Court ordered the City to revisit
the parking analysis, and evaluate the concept of the event space and the
effect of event parking on the project. He recommended the Council
rescind Ordinance No. 1886 approving PDD-374, rescind Resolution
No. 23899 approving the major architectural application for the project,
and schedule the matter for a public hearing at the May 17, 2017, City
Council meeting.
ACTION:
1) Rescind Ordinance No 1886, "AN ORDINANCE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PRELIMINARY PLANNED
DEVELOPMENT DISTRICT 374 IN LIEU OF A CHANGE OF ZONE FOR
A 39-ROOM HOTEL DEVELOPMENT WITH ACCESSORY USES ON A
1.13-ACRE PARCEL LOCATED AT 750 NORTH PALM CANYON DRIVE
(CASE 5.1350 PDD 374/GPA/CUP/3.3795 MAJ)."
2) Rescind Resolution No. 23899, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A MAJOR ARCHITECTURAL APPLICATION FOR A 39-
ROOM HOTEL, A CONDITIONAL USE PERMIT FOR A HIGH-RISE
BUILDING, AND A CONDITIONAL USE PERMIT FOR ACCESSORY
SPA, COCKTAIL LOUNGE/BAR USES, AND HOTEL UNITS WHERE
MORE THAN 10% OF THE UNITS HAVE KITCHEN FACILITIES ON A
1.13-ACRE PARCEL LOCATED AT 750 NORTH PALM CANYON DRIVE
(CASE 5.1350 PDD 374/GPA/CUP/3.3795 MAJ."
3) Direct staff to schedule a public hearing for May 17, 2017, with
respect to Case 5.1350 PDD 374/GPA/CUP/3.3795 MAJ.
Motion by Councilmember Mills, seconded by Councilmember Kors,
and unanimously carried on a roll call vote.
4. UNFINISHED BUSINESS:
4.A. DISCUSSION ON THE CV LINK AND DIRECTION ON THE DRAFT
ENVIRONMENTAL IMPACT REPORT:
Assistant City Manager Fuller provided a presentation summarizing the
project.
Mayor Moon presented his alternate proposed route.
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City Council Minutes May 3, 2017 Page 12
ACTION:
Direct Mayor Moon, as the City's representative to the CVAG Executive
Committee, to cast a vote in favor of participation by the City of Palm
Springs in the CV Link at the Special CVAG meeting on May 15, 2017, as
outlined in the CV Link DEIR, consistent with the following:
• City will participate as outlined in the CV Link DEIR with the
recommendations as follows:
• Preferred Alternative No. 3, use of a bridge over Palm Canyon near
the Visitors Center, noting it will be over Highway 111, which will
include CalTrans involvement and project may state the use of East
side and will work towards the Bridge later.
• Stay in the wash side of the levy.
• The Bridge over the lake at the 17th hole, at the Tahquitz Creek
Resort Golf Course (the pond south of Wet n' Wild, east of Gene
Autry Trail).
Motion by Mayor Pro Tern Foat, seconded by Councilmember
Roberts, and unanimously (5-0-0) carried on a roll call vote.
2. PUBLIC HEARINGS:
2.A. INTERIM URGENCY ORDINANCE (EXTENDING INTERIM URGENCY
ORDINANCE NO. 1923) REQUIRING THE IMPOSITION OF CERTAIN
TENANT RELOCATION AND PROTECTION AS A CONDITION OF
APPROVAL OF DISCRETIONARY LAND USE ENTITLEMENTS BY
THE CITY OF PALM SPRINGS TO APRIL 5, 2018, AND MAKING
APPROPRIATE FINDINGS UNDER CEQA (4/5THS Vote Required):
City Attorney Holland provided a summary of the ordinance.
Mayor Moon opened the public hearing, no citizens came forth to address
the City Council, and Mayor Moon closed the public hearing.
Councilmember Mills requested adding "often" to Section 4, Finding B.
ACTION:
Waive the reading of the text in its entirety, read by title only, and adopt
Interim Urgency Ordinance No. 1927, "AN INTERIM URGENCY
ORDINANCE (EXTENDING INTERIM ORDINANCE NO. 1923) OF THE
CITY OF PALM SPRINGS, CALIFORNIA, REQUIRING THE IMPOSITION
OF CERTAIN TENANT RELOCATION AND PROTECTION AS A
CONDITION OF APPROVAL OF DISCRETIONARY LAND USE
ENTITLEMENTS BY THE CITY OF PALM SPRINGS TO APRIL 5, 2018,
AND MAKING APPROPRIATE FINDINGS UNDER CEQA" (4/5THS Vote
Required) with an amendment to Section 4. Findings. B. First Sentence to
read, 'Apartments are often multi-family residential ... affordable housing
for residents."
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City Council Minutes May 3, 2017 Page 13
Motion by Mayor Pro Tern Foat, seconded by Councilmember
Roberts, and unanimously (5-0-0) carried on a roll call vote.
Councilmember Roberts stated it is approaching 10:00 p.m., the tentatively
scheduled 11:00 p.m. adjournment time, and recommended continuing
Item SE. The consensus of the City Council was to continue the meeting with
Item SE, discussion and direction on Fiscal Year 2017-18 Budget, continued to
Tuesday, May 9, 2017.
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS:
4.A. DISCUSSION ON THE CV LINK AND DIRECTION ON THE DRAFT
ENVIRONMENTAL IMPACT REPORT:
(VOTE: This item was moved to follow the Consent Calendar.
5. NEW BUSINESS:
5.A. AIRPORT TERMINAL TICKETING WING RENOVATION SCHEMATIC
DRAWINGS REVIEW:
City Manager Ready provided background information as outlined in the
staff report.
ACTION:
1) Approve acceptance of the Airport Terminal Ticketing Schematic
Design.
2) Authorize proceeding with the Design Development phase.
3) Authorize proceeding with the bid on the Terminal Phase 1
Enabling Project estimated to cost approximately $1,300,000.
Motion by Councilmember Kors, seconded by Councilmember Mills,
and unanimously (5-0-0) carried on a roll call vote.
S.B. APPROVAL OF AN AMENDED AND RESTATED WIRELESS
COMMUNICATIONS SITE LEASE AGREEMENT WITH STC ONE, LLC
FOR NON-EXCLUSIVE USE AT 3111 TAHQUITZ CANYON WAY:
City Manager Ready provided a presentation summarizing the project.
ACTION:
1) Approve an Amended and Restated Wireless Communications
Facilities Site Lease by and between STC One, LLC, for lease of tower
and ground space at an existing City owned wireless communication
tower located at 3111 Tahquitz Canyon Way, for a period of 15 years
(inclusive of an initial term of five (5) years and two optional five (5) year
extensions). A4161.
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City Council Minutes May 3, 2017 Page 14
2) Approve a Memorandum of Amended and Restated Wireless
Communications Facilities Site Lease, and authorize the City Clerk to
record with the Riverside County Recorder's Office.
3) Authorize the City Manager to execute all necessary documents.
Motion by Councilmember Mills, seconded by Mayor Pro Tern Foat,
and unanimously (5-0-0) carried on a roll call vote.
S.C. CITY COUNCIL AD HOC SUBCOMMITTEE UPDATE, DISCUSSION,
AND REVIEW OF THE PALM SPRINGS WALK OF STARS
AGREEMENT:
ACTION:
By consensus, the Council continued the item to May 17, 2017.
S.D. APPOINTMENT OF CITY COUNCIL SUBCOMMITTEES TO SCREEN
COMMISSION AND BOARD APPLICATIONS, TO DETERMINE
QUALIFIED APPLICANTS TO FILL VACANCIES ON CITY BOARDS
AND COMMISSIONS:
Interim City Clerk Hart presented the staff report.
ACTION:
1) Consider waiving the procedures in Resolution No. 18804
Section 7(b), to allow for the City Council as a whole, to participate in the
screening and interview of applicants for the Historic Site Preservation
Board, Measure "J" Oversight Commission and the Planning Commission.
2) Waive the procedures in Resolution No. 18804 Section 7(b), that
provides for the Mayor to select and participate in all subcommittees.
3) Appoint two-member ad hoc City Council Subcommittees to screen
and interview applicants for the following Commissions and Boards:
Administrative Appeals Board Mills and Roberts
Airport Commission Mills and Moon
Board of Appeals Foat and Moon
Board of Library Trustees Mills and Moon
Human Rights Commission Foat and Kors
Parks and Recreation Commission Foat and Mills
Personnel Board Kors and Moon
Public Arts Commission Roberts and Moon
Rent Review Commission Foat and Mills
Sustainability Commission Kors and Roberts
VillageFest Board Kors and Moon
4) Direct the Interim City Clerk to continue the recruitment and accept
applications for all Board and Commission positions.
14
City Council Minutes May 3, 2017 Page 15
Motion by Councilmember Roberts, seconded by Councilmember
Mills, and unanimously (5-0-0) carried on a roll call vote.
S.E. CONTINUED DISCUSSION AND DIRECTION ON THE FISCAL YEAR
2017-18 BUDGET:
ACTION:
By consensus, the Council continued the item to the May 9, 2017, Joint
Budget meeting with the Measure J Commission.
PUBLIC COMMENT: (Non-Agenda Items)
Colton Murrell requested the Council attend Trini Lopez' 80/80 Celebration on
May 14, 2017, and contribute $4500.
Tiffani Lo Bue, Palm Springs, requested the Council consider a backyard breeding ban
of animals in the City of Palm Springs.
COUNCILMEMBER AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT:
Councilmember Kors requested the following upcoming items:
1) Discussion and direction with respect to Governmental Reform, Ethics, and
Transparency;
2) Discussion and direction with respect to homelessness; and
3) Creation of an ad hoc subcommittee on communications
Mayor Pro Tern Foat inquired about tamarisk trees.
Mayor Moon thanked City Attorney Holland for his service to the City on behalf of the
City Council.
ADJOURNMENT:
The City Council adjourned, in honor of Jim Casey, at 10:32 p.m. to a Town Hall
Meeting and Study Session with Measure J Commission meeting Tuesday,
May 9, 2017, at 6:00 p.m., in Smoketree A-E, Palm Springs Convention Center at
277 North Avenida Caballeros, Palm Springs.
(Respectfully submitted,
1"ac&
KATHLEEN D. HART, MMC
Interim City Clerk
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City Council Minutes May 3, 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 May 3, 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
�5
Exhibit A
CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF THE PALM SPRINGS
•�o
CLOSED SESSION AGENDA
Wednesday, May 3, 2017 —4:30 p.m.
City Hall, Small Conference Room
3200 East Tahquitz Canyon Way, Palm Springs
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)
1. Dennis A. Cunningham and Andrea C. Cunningham individually, and in their
capacities as Trustees of the Cunningham Family Trust Dated 12/14/2000 v. City of
Palm Springs et. al.
Case No. PSC1606147, Riverside Superior Court, Palm Springs Division
2. Amy Marschak v. City of Palm Springs; Erik Larson et al
Case 5:17-CV-00055, United States Court, Central District of California
3. Menocal v. City of Palm Springs
Case No. PSC160100, Riverside Superior Court, Palm Springs Division
4, Thomas Alan Grossman vs. City of Palm Springs et al
Case No, PSC1406472, Riverside Superior Court, Palm Springs Division
5. Advocates for Better Community Development vs. City of Palm Springs
Case No. RIC 1512884, Riverside Superior Court, Riverside Division
EXPOSURE TO LITIGATION G.C. 54956.9(b)
3 Case(s)
INITIATION OF LITIGATION G.C. 54956.9(c)
2 Case(s)
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)
17