HomeMy WebLinkAbout5/3/2017 - STAFF REPORTS - 1.A. CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY
AND AS THE PALM SPRINGS FINANCING AUTHORITY
CITY OF PALM SPRINGS, CALIFORNIA
MINUTES
WEDNESDAY, April 19, 2017
City Hall, Council Chamber
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
CLOSED SESSION
5:00 p.m. CALL TO ORDER (Council Chamber):
Mayor Moon called the meeting to order at 5:02 p.m.
Councilmembers Kors, Roberts, and Mayor Moon were present. The absences of
Councilmember Mills and Mayor Pro Tern Foat were excused.
PUBLIC COMMENT (Council Chamber): None.
RECESS TO CLOSED SESSION (Small Conference Room):
See Closed.Session Agenda, Exhibit A.
At 5:03 p.m. Councilmembers Kors, Roberts, and Mayor Moon recessed to Closed
Session in the Small Conference Room.
REGULAR CITY COUNCIL MEETING
6:00 p.m. 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 Roberts, and Mayor Moon
ABSENT: Councilmember Mills and Mayor Pro Tern Foat
ALSO PRESENT: City Manager Ready, City Attorney Holland, and
Interim City Clerk Hart
PRESENTATIONS:
David Ready, City Manager, recognized Nancy Klukan, Assistant Finance Director, for
her 30 years of service with the City of Palm Springs, and introduced the new Deputy
City Treasurer, Thomas Hays.
ITEM N0. 't A.
City Council Minutes Page 2
April 19, 2017
Boris Stark and Suzanne Severin, Vacation Rental Compliance Officials, presented an
update on the vacation rental program.
ACCEPTANCE OF THE AGENDA:
ACTION: Approve the agenda as presented. Motion by Councilmember Kors,
seconded by Councilmember Roberts, and carried (3-0-2) on a roll call vote.
AYES: Councilmember Kors, Roberts, and Mayor Moon
NOES: None
ABSENT: Councilmember Mills and Mayor Pro Tem Foat
REPORT OF CLOSED SESSION:
Douglas Holland, City Attorney, reported the following:
1. City Council approved a settlement agreement with Ramon Park, LLC,
Case No. PSC 1602837, Riverside Superior Court, Palm Springs Division,
$6,703.22.
2. The City Council provided direction on the other items.
3. No other reportable action was taken.
PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY)
Mike Ziskind spoke opposing 3A.
CITY COUNCIL AND CITY MANAGER'S COMMENTS AND REPORT:
Councilmember Roberts requested adding an opportunity to vote on the CV Link in the
very near future. David Ready, City Manager, stated it will be added to the May 3, 2017,
City Council agenda.
Councilmember Kors requested that CVAG provide a presentation on Community
Choice Power at the May 3, 2017, meeting or later.
Mayor Moon stated he has concerns with respect to the fiscal impact, the operations
and security of the portion of the CV Link in the City of Palm Springs. He stated his
position on the project recommending the six (6) miles in the middle of the City, and
does not support the portions on the north and east portion of the City. Additionally, he
proposed placing the topic on the November 2017, ballot an advisory ballot measure the
citizens to decide.
Councilmember Kors stated the following:
1 . Desired to place the CV Link project on the May 3, 2017. agenda to enable
discussion on all facets of the project and allowing the Council to take action.
2. Requested Executive Directoer of CVG, Tom Kirk, to attend to enable dialog.
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April 19, 2017
Councilmember Roberts stated the CV Link project should be placed on the agenda to
allow full discussion and inquired if action may be taken.
David Ready, City Manager, stated the City Council will have the ability to provide
direction as appropriate to the Mayor staff.
CITY COUNCIL SUBCOMMITTEE REPORTS:
Mayor Moon reported he, Councilmember Mills, Dr. Ready, and staff met with the Agua
Caliente Band of Cahuilla Indians relating to the Master Plan EIR and provided a
summary of their meeting.
1. CONSENT CALENDAR:
ACTION: Approve the Consent Calendar as presented. Motion by
Councilmember Roberts, seconded by Councilmember Kors, and carried
3-0-2 on a roll call vote.
AYES: Councilmember Kors, Roberts, and Mayor Moon
NOES: None
ABSENT: Councilmember Mills and Mayor Pro Tern Foat
1.A. RATIFY AND APPOINT THE NOMINATION OF THE COUNTY OF
RIVERSIDE TO THE PALM SPRINGS INTERNATIONAL AIRPORT
COMMISSION FOR THE TERM ENDING JUNE 30, 2020:
ACTION: Reappoint Peter A. Freymuth, as the County of Riverside
representative, to the Palm Springs International Airport Commission for
the term ending June 30, 2020. Approved as part of the Consent
Calendar.
1.B. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR
THE MONTH OF MARCH 2O17:
ACTION: Receive and file the report of Staff Authorized Agreements and
Purchase Orders for the period of March 1 through March 31, 2017.
Approved as part of the Consent Calendar.
1.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION:
1) Adopt Resolution No. 24204, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1090460 THROUGH 1090571 IN THE AGGREGATE
AMOUNT OF $1 ,211,617.57, DRAWN ON BANK OF AMERICA."
2) Adopt Resolution No. 24205, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
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April 19, 2017
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1090572 THROUGH 1090669 IN THE AGGREGATE
AMOUNT OF $2,374,477.30, DRAWN ON BANK OF AMERICA."
3) Adopt Resolution No. 24206, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 02-25-2017 BY WARRANTS NUMBERED 419841 THROUGH
419857 TOTALING $27,097.98, LIABILITY CHECKS NUMBERED
1090670 THROUGH 1090690 TOTALING $84,136.75, FIVE WIRE
TRANSFERS FOR $57,937.17, AND THREE ELECTRONIC ACH
DEBITS OF $1,311,899.21 IN THE AGGREGATE AMOUNT OF
$1,481,071.11, DRAWN ON BANK OF AMERICA."
4) Adopt Resolution No. 24207, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1090691 THROUGH 1090836 IN THE AGGREGATE
AMOUNT OF $2,319,419.37, DRAWN ON BANK OF AMERICA."
5) Adopt Resolution No. 20208, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1090837 THROUGH 1090993 IN THE AGGREGATE
AMOUNT OF $1 ,162,563.05, DRAWN ON BANK OF AMERICA."
6) Adopt Resolution No. 20209, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 03-11-2017 BY WARRANTS NUMBERED 419858 THROUGH
419882 TOTALING $45,089.46, LIABILITY CHECKS NUMBERED
1090994 THROUGH 1091014 TOTALING $81,495.21, FIVE WIRE
TRANSFERS FOR $61,037.17, AND THREE ELECTRONIC ACH
DEBITS OF $1,286,701.60 IN THE AGGREGATE AMOUNT OF
$1,474,323.44, DRAWN ON BANK OF AMERICA."
7) Adopt Resolution No. 24210, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1091015 THROUGH 1091160 IN THE AGGREGATE
AMOUNT OF $1 ,684,426.03, DRAWN ON BANK OF AMERICA." 8)
Adopt Resolution No. 24211, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED
1091161 THROUGH 1091289 IN THE AGGREGATE AMOUNT OF
$2,212,627.02, DRAWN ON BANK OF AMERICA."
Approved as part of the Consent Calendar.
1.D. REQUEST FOR EARLY CONSTRUCTION START TIMES MONDAY
THRU FRIDAY FOR CONSTRUCTION ACTIVITIES FOR THE
WASTEWATER TREATMENT PLANT UPGRADE PROJECT, CP 15-14:
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April 19, 2017
ACTION: Approve the request from WM Lyles Co., to an early start
construction time of 4:00 a.m., for the Wastewater Treatment Plan
Upgrade,CP 15-14, subject to continuous monitoring of noise complaints
and impacts to adjacent residential properties and surrounding City
facilities. Approved as part of the Consent Calendar.
1.E. MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT
FOR CLASS 1 HISTORIC CONTRIBUTING STRUCTURE LOCATED AT
1809 SANDCLIFF ROAD, A CLASS 1 HISTORIC DISTRICT (HSPB
931HD 5):
ACTION:
1) Approve a Mills Act Historic Property Agreement with James D.
Benko, Paul Van Kampen, and Sandcliff Homeowners Association, for
1809 Sandcliff Road, a Class 1 Historic Site (HSPB 93/HD-5). A6966.
2) Authorize the City Manager to execute the Agreement.
3) Direct the City Clerk to record the Agreement.
Approved as part of the Consent Calendar.
1.F. MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT
FOR CLASS 1 HISTORIC SITE LOCATED AT 1824 SOUTH BARONA
ROAD, A CLASS 1 HISTORIC SITE (HSPB 931HD 5):
ACTION:
1) Approve a Mills Act Historic Property Agreement with
Quin A. Wright and Sandcliff Homeowners Association, for 1824 South
Barona Road, a Class 1 Historic Site (HSPB 93/HD-5). A6967.
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. MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT
FOR CLASS 1 HISTORIC SITE LOCATED AT 360 CABRILLO ROAD
UNITS 224-225 (RACQUET CLUB COTTAGES WEST HD-3, HSPB 88):
ACTION:
1) Approve a Mills Act Historic Property Preservation Agreement with
Michele and Martin Yeeles and the Racquet Club Garden Villas
Homeowners Association, for 360 Cabrillo Road, Units 224-225
(HSPB 88 / HD-3). A6968.
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.H. AIRPORT TAXIWAY J PAVEMENT REHABILITATION AND
ELECTRICAL SYSTEMS REPLACEMENT PROJECTS BID
SOLICITATION APPROVAL AND FAA GRANT FUNDING
ACCEPTANCE:
ACTION:
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April 19, 2017
1) Approve the plans and specifications for the Palm Springs
International Airport Taxiway J Pavement Rehabilitation and Electrical
Systems Replacement Projects.
2) Authorize the acceptance of FAA Grant AIP No. 55 in an amount of
up to $2,500,000 for the construction of both projects and the associated
construction management professional services.
3) Authorize the City Manager to advertise and solicit bids.
Approved as part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR: None.
2. PUBLIC HEARINGS:
2.A. CALLING AND CONDUCTING THE SPECIAL ELECTION AND
INTRODUCTION OF AN ORDINANCE AUTHORIZING THE LEVY OF
SPECIAL TAXES WITHIN ANNEXATION NO. 16 TO COMMUNITY
FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES):
Marcus Fuller, Assistant City Manager/City Engineer provided background
information as outlined in the staff report.
ACTION:
1) Adopt Resolution No. 24212, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING ANNEXATION NO. 16, MIRALON, TRACT MAP NO.
31848, INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1, (PUBLIC
SAFETY SERVICES), AUTHORIZING THE LEVY OF A SPECIAL TAX,
AND SUBMITTING THE LEVY OF A SPECIAL TAX TO QUALIFIED
ELECTORS."
Motion by Councilmember Roberts, seconded by Councilmember
Kors, and carried 3-0-2 (Foat and Mills absent) on a roll call vote.
AYES: Councilmembers Kors, Roberts, and Mayor Moon
NOES: None
ABSENT: Councilmember Mills and Mayor Pro Tern Foat
Kathleen Hart, Interim City Clerk, tallied the votes, reported the results,
and outlined the next step in this process would be as follows:
1. Adopt a resolution declaring the election results.
2. Introduce an ordinance authorizing the levy of special taxes
identified as Annexation 16, Miralon, Tract Map 31848.
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April 19, 2017
ACTION:
2) Adopt Resolution No. 24213, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING THE RESULTS OF A SPECIAL ANNEXATION
LANDOWNER ELECTION, DETERMINING VALIDITY OF PRIOR
PROCEEDINGS, AND DIRECTING THE RECORDING OF AN
AMENDMENT TO NOTICE OF SPECIAL TAX LIEN FOR ANNEXATION
NO. 16, MIRALON, TRACT MAP NO. 31848, INTO COMMUNITY
FACILITIES DISTRICT NO. 2005-1, (PUBLIC SAFETY SERVICES).
3) Waive the reading of the ordinance text in its entirety, read by title
only, and introduce on first reading 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).
Motion by Councilmembers Kors, seconded by Councilmember
Roberts, and carried 3-0-2 on a roll call vote.
AYES: Councilmembers Kors, Roberts, and Mayor Moon
NOES: None
ABSENT: Councilmember Mills and Mayor Pro Tern Foat
2.13. PROPOSED ORDINANCE FOR A ZONE TEXT AMENDMENT
RELATING TO THE CRITERIA AND PROCEDURES FOR THE REVIEW
OF EXTENSION OF TIME APPLICATIONS (CASE 5.1405 ZTA):
Flinn Fagg, Director of Planning Services, provided information as noted in
the Staff Report.
Councilmember Kors spoke of the following:
1) Requested clarification in Subsection 93.23.07(F)(1) with respect to
five years.
2) Requested adding to the ordinance language that the City Council will
be notified in writing of the Planning Commission's decision and the
Planning Commission's decision would be posted on the website.
3) Asked for clarification, if the Planning Commission approved the
changes with respect to Section 94.12.00, and if the Director of
Planning Services agrees with the suggested modifications. The
Director of Planning Services responded YES to both.
Councilmember Roberts requested clarification with respect to the
extension of time process.
> 7
City Council Minutes Page 8
April 19, 2017
At 6:57 p.m. Mayor Moon opened the Public Hearing, no one came forth
to address the City Council; therefore, at 6:57 p.m. Mayor Moon closed
the Public Hearing.
Councilmember Kors noted on Page 7 of the staff report under D.1., third
line down, the word should be 'they'not 'the'.
Councilmember Kors asked if it is possible to require a super majority of
both the Planning Commission and City Council to have the ability to
approve an extension of time. Further, he stated he understands there are
extenduating circumstances and situations beyond their control.
Councilmember Roberts voiced his concerns with respect to the following:
1. Market conditions, the economy often affects the developments, i.e.
economic downturn.
2. Understands the four-year time limit; however, has concern limiting it to
four (4) years.
3. How will it be determined if an economic downturn exists?
Councilmember Kors stated support for the projects and that they return
for approval, due to changes. Additionally, he spoke of the noticing
requirements, currently the property owners are notified. He
recommended notifying the tenants of the public hearings.
Mayor Moon stated the Planning Commission approved this 7-0.
ACTION: Waive the reading of the ordinance text in its entirety, read by
title only, and introduce on first reading Ordinance No. 1925, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADOPTING 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 following amendments:
1. Section 94.12.00, E. Amending the last paragraph to "The decision
of the planning commission is final on the 11th day after notice of
the decision is provided to the applicant and to city council and
posted on the City's website, unless appealed to the City Council in
the manner provided by Chapter 2.05 of the Palm Springs
Municipal Code.
2. Subsection 93.23.07(F)(1). Changing all references from five (5)
years to four (4) years.
Motion by Councilmember Kors, seconded by Councilmember
Roberts, and carried 3-0-2 on a roll call vote.
City Council Minutes Page 9
April 19, 2017
AYES: Councilmembers Kors, Roberts, and Mayor Moon
NOES: None
ABSENT: Councilmember Mills and Mayor Pro Tem Foat
3. LEGISLATIVE:
3.A. AMENDMENT TO THE PALM SPRINGS MUNICIPAL CODE RELATING
TO THE DEFINITION OF ESTATE HOMES AS VACATION RENTALS:
Douglas Holland, City Attorney, provided the background informtion as
outlined in the staff report.
Councilmembers Kors and Roberts provided additional information
regarding estate homes and lot sizes.
Councilmember Roberts spoke of the need to simplify the process, they,
the estate home renters, will be loudest by nature, will be interested in the
counts, had discussed parcel size, and they higher intensity use.
ACTION: Waive the reading of the ordinance text in its entirety, read by
title only, and introduce on first reading 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 Councilmember Kors, seconded by Councilmember
Roberts, and carried 3-0-2 on a roll call vote.
AYES: Councilmembers Kors, Roberts, and Mayor Moon
NOES: None
ABSENT: Councilmember Mills and Mayor Pro Tem Foat
4. UNFINISHED BUSINESS: None
5. NEW BUSINESS:
S.A. PRELIMINARY OVERVIEW OF THE FISCAL YEAR 2017-18
BUDGET:
David Ready, City Manager, presented the Fiscal Year 2017-18 Budget
overview.
Geoffrey Kiehl, Director of Finance and Treasurer, provided additional
details.
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April 19, 2017
Mayor Moon requested clarification with respect to the unfunded PERS
liability.
Mayor Moon requested information with respect to the Homelessness
issues.
5.13. JOINT ITEM OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS AND THE PALM SPRINGS FINANCING AUTHORITY.
APPROVAL OF REFINANCING OF 2007 LEASE REVENUE
REFUNDING BONDS:
David Ready, City Manager, and Suzanne Harrell, Financial Consultant,
provided a summary of the staff report presented, noting refinancing will
reduce costs approximately $109,000 per year without extending the life of
the loan.
ACTION:
[City Councii]
Adopt Resolution No. 24214, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING SITE
LEASE AGREEMENT IN CONNECTION WITH THE ISSUANCE CITY OF
PALM SPRINGS FINANCING AUTHORITY LEASE REVENUE
REFUNDING BONDS, 2017 SERIES A, APPROVING SALE OF SUCH
BONDS AND OFFICIAL STATEMENT AND PROVIDING OTHER
MATTERS PROPERLY RELATING THERETO."
(Financing Authority]
Adopt Resolution No. 42, "A RESOLUTION OF THE BOARD OF
DIRECTORS OF THE PALM SPRINGS FINANCING AUTHORITY, PALM
SPRINGS, CALIFORNIA, AUTHORIZING ISSUANCE OF CITY OF PALM
SPRINGS FINANCING AUTHORITY LEASE REVENUE REFUNDING
BONDS, 2017 SERIES A, APPROVING AND AUTHORIZING AND
DIRECTING EXECUTION OF INDENTURE OF TRUST AND OTHER
DOCUMENTS RELATING THERETO, AUTHORIZING SALE OF SUCH
BONDS, APPROVING OFFICIAL STATEMENT AND PROVIDING
OTHER MATTERS PROPERLY RELATING THERETO." Motion by
Councilmember Kors, seconded by Councilmember Roberts, and
carried 3-0-2 on a roll call vote.
AYES: Councilmembers Kors, Roberts, and Mayor Moon
NOES: None
ABSENT: Councilmember Mills and Mayor Pro Tern Foat
PUBLIC COMMENT: (Non-Agenda Items)
Sergio Garcia, Palm Springs, spoke on homelessness.
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April 19, 2017
David Feltman, Palm Springs, suggested moving the Buzz stop near SteinMart to
Morongo where there is a street light for safety reasons.
Thomas Kohn, Palm Springs, spoke in support of the CV Link.
Patrick Weiss, Palm Springs, spoke on an incident at Well in the Desert, stating there
were two City staff members at the site taking pictures during lunch. The pictures were
taken due to a Code violation. He felt pictures should not be taken without permission.
Richard Noble, Palm Springs, spoke about Earth Day.
COUNCILMEMBERS AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT:
Councilmember Kors requested placing homelessness on the May 3, 2017, agenda for
discussion.
ADJOURNMENT: The City Council adjourned at 8:25 p.m. to the next regular meeting
Wednesday, May 3, 2017, at 6:00 p.m. Council Chamber, City Hall, preceded by Closed
Session, Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm
Springs.
1 spectfully ubmitted,
KATHLEEN D. HART, MMC
Interim City Clerk
CERTIFICATION
STATEOFCALIFORNIA )
COUNTYOF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs,California, hereby certify that the April
19, 2017, MINUTES were approved by the City Council of the City of Palm Springs at a regular meeting held on
May 3,2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSAL:
KATHLEEN D. HART, MMC
Interim City Clerk
11
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, April 19, 2017 — 5:00 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)
City of Palm Springs as Successor Agency et al. v. Ana Matosantos et al
Case No. 34-2013-80001440, Sacramento Superior Court, Sacramento Division
Case No. RIC 1513477, Riverside Superior Court, Riverside Division
Ramon Park, LLC v. City of Palm Springs
Case No. PSC 1602837, Riverside Superior Court, Palm Springs Division
EXPOSURE TO LITIGATION G.C. 54956.9(b)
3 Cases
INITIATION OF LITIGATION G.C. 54956.9(c)
3 Cases
CONFERENCE WITH REAL PROPERTY NEGOTIATOR G.C. 54956.8
Property Address/Description: APN 504-260-004 and 504-260-005
at the intersection of Via Olivera and Zanjero
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: 7 In Olivera LLC
Under Negotiation: Price and Terms of Payment (Sale)
i�
CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY
REDEVELOPMENT AGENCY AND AS THE PALM SPRINGS FINANCING AUTHORITY
CITY OF PALM SPRINGS, CALIFORNIA
MINUTES
WEDNESDAY, April 5, 2017
City Hall, Council Chamber
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
CLOSED SESSION
4:30 p.m. CALL TO ORDER (Council Chamber):
Mayor Moon called the meeting to order at 4:34 p.m. All members of the City Council
were present.
Douglas Holland, City Attorney, requested the City Council consider adding three items.
The information was received after the posting of the agenda.
EXISTING LITIGATION, G.C. 54956.9(a)
1. Laura Walter et al. vs City of Palm Springs et al, Case No. INC 1302398,
Riverside Superior Court, Indio Division
2. Justin B. Ledesma and Kanima A. Beck vs. City of Palm Springs et al., Case No.
INC 1302238, Riverside Superior Court, Indio Division
3. City of Palm Springs v. O&M HR, Nexus Development Corporation et al, Case
No. PSC 1701804, Riverside Superior Court, Palm Springs Division
ACTION:
By a unanimous (5-0-0) vote of the City Council the following were approved:
1) Find information regarding the existing litigation was received after the posting of
the Agenda and there is an immediate need to hear and/or take action.
2) Add to the Closed Session Agenda three (3) items pursuant to Cal. Gov. Code.
Section 54956.9(e)(3) as shown below:
EXISTING LITIGATION, G.C. 54956.9(a)
1. Laura Walter et al. vs City of Palm Springs et al
Case No. INC 1302398, Riverside Superior Court, Indio Division
2. Justin B. Ledesma and Kanima A. Beck vs. City of Palm Springs et al.
Case No. INC 1302238, Riverside Superior Court, Indio Division
3. City of Palm Springs v. O&M HR, Nexus Development Corporation et al, Case
No. PSC 1701804, Riverside Superior Court, Palm Springs Division
PUBLIC COMMENT (Council Chamber): None.
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City Council Minutes Page 2
April 5, 2017
RECESS TO CLOSED SESSION (Small Conference Room):
See Closed Session Agenda, Exhibit A.
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.
REGULAR CITY COUNCIL MEETING
6:00 p.m. CALL TO ORDER:
Mayor Moon called the meeting to order at 6:04 p.m.
PLEDGE OF ALLEGIANCE:
Palm Springs Air Force ROTC Junior Color Guard led the salute to the flag.
ROLL CALL:
PRESENT: Councilmember Kors, Councilmember Mills, Councilmember Roberts,
Mayor Pro Tern Foat, and Mayor Moon
ABSENT: None
ALSO PRESENT:City Manager Ready, City Attorney Holland, Interim City Clerk Hart
PRESENTATIONS: None.
ACCEPTANCE OF THE AGENDA:
Mayor Moon requested 1 D be removed from the Consent Calendar.
Mayor Pro Tern Foat requested moving 5F to be the first New Business item.
Councilmember Roberts requested removing 1 H from the Consent Calendar.
Councilmember Mills stated he will recuse from voting on 1 F (working on a project
adjacent to this project) and 1 B (not required to recuse from participation on 1 B but was
the architect and will be exercising caution), and requested removing 1G from the
Consent Calendar.
ACTION: Motion by Mayor Pro Tern Foat, seconded by Councilmember Roberts, and
unanimously (5-0-0) carried on a roll call vote, the agenda was approved as presented
with the following modifications:
1. Removing 1 D, 1 G, and 1 H from the Consent Calendar.
2. Move 5F to be the first New Business item.
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April 5, 2017
REPORT OF CLOSED SESSION:
Douglas Holland, City Attorney, reported as follows:
1. Three (3) items were added to the Closed Session Agenda, as previously noted
in the Minutes.
2. The City Council did not take any reportable actions.
3. The City Council requested the following be provided to the public; the City filed a
lawsuit against O&M HR LLC, Nexus Development Corporation, Richard Meaney
et al in order to assert and reclaim the Prairie Schooner property as a potential
violation pursuant to Government Code Section 1090.
PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY)
Shelley Somerville spoke in support of Item 1 D.
Frances Miller spoke in support of 1 D.
Brenda Adams spoke in support of 1 D.
Ann Leiboh spoke in support of 1 D.
Carmen Ginter spoke in support of 1 D.
Diane Fischer spoke in support of 1 D.
Bill McMillan spoke in support of 1 D.
Robert Doyle spoke in support of 1 D.
Joy Silver spoke in support of 1 D.
Beth Friedman spoke in support of 1 D.
Lynn O'Neal spoke in support of 1 D.
Carol Listenberger spoke in support of 1 D.
Edward Hotzhauer thanked Councilmember Kors, Mills, Roberts, and Mayor Pro Tern
Foat for supporting this item, and asked Mayor Moon to support Item 1 D.
Lisa Middleton spoke in support of 1 D.
Carlos Pineda spoke in support of 1 D.
Ruth Debra spoke in support of 1 D and
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April 5, 2017
Bob Terry spoke in support of 1 D.
Richard Noble spoke in support of 1 D, and asked Mayor Moon to support this
ordinance.
Rosie Puentes spoke in support of 1 D.
Lewis Stewart spoke in support of 1 D.
Joy Brown Meredith stated more information is needed from the Police Chief before she
is able to form an opinion on 3A.
Christy Holstege stated she supports of 1 D and does not support 3A as drafted.
Aftab Dada spoke in support of 5D.
Robert Stone spoke against 5D.
Robin Abrahams spoke in support of 5E.
Diana Grace lives at the Four Season Development and does not support 5F.
Willy Halle lives at the Four Season Development and does not support 5F.
Michael Solomon lives at the Four Season Development and does not support 5F and
requested that the City Council do not let them built it on top of the levy.
Ira Rosenthal lives at the Four Season Development and does not support 5F and
asked not let them built it on top of the levy.
Anita Kerezman lives at the Four Season Development and does not support 5F and do
not let them built it on top of the levy.
Patricia Breslin spoke regarding 3A, the "sit and lie" ordinance should not be
incorporated in the sign ordinance, and keep the "silent salesmen" (portable signs)
alive.
Karen Ellis spoke in support of 1 D.
CITY COUNCIL AND CITY MANAGER'S COMMENTS AND REPORTS:
David Ready, City Manager, reported the following:
1. Over half of the documents pertaining to the escrow fund on the Downtown
Project have been posted to the City's website. There are hundreds of pages and
staff will continue to post them to the City's website and anticipate completion in
the next couple of business days.
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April 5, 2017
2. An administrative policy was put in place several years ago to prohibit City travel
to North Carolina; adding, Councilmember Kors asked if this was still in effect
and stated this administrative policy is still in effect.
3. Announced Edward Kotkin is in the audience.
Mayor Moon commented about the annual Board and Commission and invited the
public to apply.
Mayor Pro Tern Foat reported the Riverside County Transportation Commission
recently approved two (2) projects, and thanked Marcus Fuller and asked him to provide
the details:
1. South Palm Canyon Bridge, total cost approximately $9 million, local funding
portion will be approximately $250,000.
2. East Palm Canyon Bridge, total cost approximately $8-9 million, funding
percentages will be same as for the South Palm Canyon Bridge.
Mayor Pro Tern Foat commented on the Desert Sun opinions article and stated the facts
in the article are incorrect.
CITY COUNCIL SUBCOMMITTEE REPORTS:
Councilmember Roberts stated he and Councilmember Mills has a report regarding the
Downtown Park, but will defer to later due to the fact the Downtown Project is on the
agenda.
1. CONSENT CALENDAR:
ACTION: Approve Items 1 A, 1 B, 1 C, 1 E, 1 F, 11, 1 J, and 1 K, noting the recusal of
Councilmember Mills on Items 1 B and 1 F.
Motion by Councilmember Roberts, seconded by Councilmember Kors,
and unanimously carried on a roll call vote.
1.A. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of March 22, 2017.
Approved as part of the Consent Calendar.
1.B. INDIAN CANYON DRIVE PEDESTRIAN BRIDGE REPAINTING:
ACTION: Authorize the issuance of a Purchase Order to Palm Springs
Action Painting, in the amount of $30,060 for the repainting of the Indian
Canyon Drive pedestrian bridge.
Approved as part of the Consent Calendar.
I.C. TREASURER'S INVESTMENT REPORT AS OF FEBRUARY 28, 2017:
ACTION: Receive and File the Treasurer's Investment Report as of
February 28, 2017. Approved as part of the Consent Calendar.
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April 5, 2017
I.E. APPROVAL OF PARCEL MAP 36958:
ACTION: Adopt Resolution No. 24199-1, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PARCEL MAP 36958 FOR PROPERTY LOCATED AT 2732
NORTH CARDILLO AVENUE, IN SECTION 3, TOWNSHIP 4 SOUTH,
RANGE 4 EAST."
Approved as part of the Consent Calendar.
1.F. FREEHOLD CAPITAL MANAGEMENT, LLC, REQUESTING A ONE-
YEAR EXTENSION OF TIME FOR PHASE 2 OF TENTATIVE TRACT
MAP 31848 FOR THE MIRALON DEVELOPMENT, A PREVIOUSLY
APPROVED SUBDIVISION FOR THE DEVELOPMENT OF 1,150
RESIDENTIAL UNITS LOCATED NORTH OF SAN RAFAEL ROAD,
EAST OF NORTH INDIAN CANYON DRIVE, SOUTH OF THE
WHITEWATER RIVER AND WEST OF SUNRISE WAY, (CASE 5.0982-
PD 2901 TTM 31848):
ACTION: Adopt Resolution No. 24200, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A REQUEST BY FREEHOLD CAPITAL MANAGEMENT,
LLC, FOR A ONE-YEAR EXTENSION OF TIME FROM MAY 5, 2017, TO
MAY 5, 2018, FOR TTM 31848, A PREVIOUSLY APPROVED
SUBDIVISION OF 309 ACRES TO CONSTRUCT 1,150 SINGLE-FAMILY,
MULTI-FAMILY RESIDENTIAL UNITS AND AN AMENITY CENTER
FACILITY LOCATED ALONG THE NORTH SIDE OF SAN RAFAEL
DRIVE, EAST OF INDIAN CANYON DRIVE, SOUTH OF WHITEWATER
RIVER AND WEST OF SUNRISE WAY; ZONE PD 290, SECTION 35."
Approved as part of the Consent Calendar.
I.J. APPROVAL OF THE FISCAL YEAR 2017-2018 CSA 152 SPECIAL
ASSESSMENT RATE:
ACTION: Adopt Resolution No. 24202, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING
FINDINGS AND REAFFIRMING THE ESTABLISHMENT AND SETTING
OF RATES FOR COUNTY SERVICE AREA 152 FOR FISCAL YEAR
2017-2018 TO FUND THE CITY'S NATIONAL POLLUTION DISCHARGE
ELIMINATION SYSTEM (NPDES) PERMIT IN ORDER TO OPERATE
AND MAINTAIN THE CITY'S DRAINAGE AND FLOOD CONTROL
SYSTEMS."
Approved as part of the Consent Calendar.
I.K. ACCEPT THE RESIGNATION OF COSIMO AIELLO FROM THE PARKS
AND RECREATION COMMISSION:
ACTION:
1) Accept with regret the resignation of Cosimo Aiello from the Parks and
Recreation Commission.
2) Direct the City Clerk to post a notice of vacancy for the term ending
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April 5, 2017
June 30, 2017.
Approved as part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
1.D. SECOND READING AND ADOPTION OF ORDINANCE NO. 1920, AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADDING CHAPTER 2.04.100 TO, AND AMENDING SECTIONS
2.45.005, 2.45.010, AND SECTION 7.010.040 OF, THE PALM SPRINGS
MUNICIPAL CODE REAFFIRMING THE CITY'S PROHIBITION OF
DISCRIMINATION IN THE CITY:
Mayor Moon stated the following:
1. He never spoke opposing people being in this country illegally.
2. Spoke in support of the Police Department's policy of not asking for
an individual's immigration status, which has been in effect since
1981.
3. Reiterated that he supports this ordinance, except he had concerns
relating to the term "national origin" as it related to employment and
contracting with respect to federal law.
4. He cannot support something that conflicts with federal law.
5. He researched the matter and discovered it does not conflict with
federal laws.
6. Due to the fact there is no conflict with the federal laws, he will be
supporting this ordinance.
Councilmember Kors stated he appreciates all the comments and thanked
Chief Reyes and the Police Department for making this practice as policy.
Councilmember Mills asked the City Attorney if this ordinance will classify
the City of Palm Springs as a sanctuary city. The City Attorney responded
that this ordinance does not classify the City of Palm Springs as a
sanctuary city. Councilmember Mills added many people referred to it,
therefore, he pointed this out for clarification. One very important point
noted in the City Attorney's Summary, "unless otherwise authorized in
Federal or State Law", is one of the reasons he supports this ordinance.
Councilmember Kors stated it was agreed at the last meeting to change
the word "authorized" to "required" in the City Attorney's Summary.
Kathleen Hart, Interim City Clerk, stated the edit will be made prior to
finalizing the document for signature.
Mayor Pro Tern Foat stated legally there is no such thing as a sanctuary
city. In her opinion the term "sanctuary city" is a place where people feel
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City Council Minutes Page 8
April 5, 2017
safe. She reiterated her support for this ordinance, stated she is glad
Mayor Moon reconsidered, and how proud she is of this City Council.
ACTION: Waive the second reading of the ordinance text in its entirety,
read by title only, and adopt Ordinance No. 1920, "AN ORDINANCE OF
THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER
2.04.100 TO, AND AMENDING SECTIONS 2.45.005, 2.45.010, AND
SECTION 7.010.040 OF, THE PALM SPRINGS MUNICIPAL CODE
REAFFIRMING THE CITY'S PROHIBITION OF DISCRIMINATION IN
THE CITY."
Motion by Mayor Moon, seconded by Councilmember Kors, and
unanimously carried on a roll call vote.
I.G. ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR THE
SOUTH PALM CANYON DRIVE BRIDGE REPLACEMENT OVER
TAHQUITZ CREEK CHANNEL FEDERAL AID PROJECT NO. BRLS-
5282(042), CP 12-02:
Councilmember Mills requested clarification.
ACTION: Adopt Resolution No. 24201, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
AND ORDERING THE FILING OF A MITIGATED NEGATIVE
DECLARATION FOR THE SOUTH PALM CANYON DRIVE BRIDGE
REPLACEMENT OVER TAHQUITZ CREEK CHANNEL FEDERAL AID
PROJECT NO. BRLS-5282(042), CP 12-02."
Motion by Mayor Pro Tern Foat, seconded by Councilmember Mills,
and unanimously carried on a roll call vote.
1.H. APPROVE A COOPERATIVE AGREEMENT WITH THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR A FUNDING
CONTRIBUTION OF $290,000, AND APPROVE A PURCHASE ORDER
IN THE AMOUNT OF $56,336 WITH ALBERT A. WEBB ASSOCIATES
FOR THE VISTA CHINO (STATE ROUTE 111) AT VIA MIRALESTE
TRAFFIC SIGNAL INSTALLATION, CP 17-03:
Councilmember Roberts and Councilmember Mills requested funding
clarification.
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 $290,000 for
the Vista Chino (State Route 111) at Via Miraleste Traffic Signal
Installation, CP 17-03. A6962.
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City Council Minutes Page 9
April 5, 2017
2) Approve a Purchase Order in the amount of $56,336 with Albert A.
Webb Associates for design services related to the Vista Chino (State
Route 111) at Via Miraleste Traffic Signal Installation, CP 17-03. A6443.
3) Authorize the City Manager to execute all necessary documents.
Motion by Mayor Pro Tern Foat, seconded by Councilmember
Roberts, and unanimously carried on a roll call vote.
2. PUBLIC HEARINGS: None.
3. LEGISLATIVE:
3.A. INITIATE AND REFER TO THE PLANNING COMMISSION AN
ORDINANCE RELATING TO THE CITY'S SIGN ORDINANCE AND
EXTEND INTERIM URGENCY ORDINANCES 1893 AND 1912
IMPOSING INTERIM REGULATIONS FOR THE INSTALLATION AND
MAINTENANCE OF TEMPORARY SIGNS IN THE CITY OF PALM
SPRINGS TO JULY 21, 2017:
Douglas Holland, City Attorney, provided the background information as
noted in the staff report.
Councilmember Mills requested clarification and modifications in the
following areas:
1. Portable signs in commercial zones.
2. Section 93.20.04, subsection 2, Sign on Public Property or Rights-
of-Way.
3. Section 93.20.05, subsection C, Portable Signs.
4. Portable signs complying with ADA requirements; does not feel 48"
is adequate and feels it should be at least 72" for ease of
movement.
5. Portable sign designs with respect to "design criteria established by
the Director of Planning Services.
Councilmember Roberts stated concerns and/or requested clarification on
the following:
1. Support of A-frame signs to be in compliance with ADA
requirements. Wanting the businesses to be successful.
2. The need for quality signs and the criteria be set by the Director of
Planning Services or a Planning Commission subcommittee.
3. Inquired about the City's liability, and the need for the business
owner to assume full responsibility.
4. Section 93.20.04, subsection 2, Sign on Public Property or Rights-
of-Way.
5. Section 93.20.05, subsection B, 2, Permitted signs - Commercial
and Industrial Business, Permitted signs - Secondary signs.
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April 5, 2017
6. The limit of signs on glazing to the first floor of the build.
7. Portable signs and the need for permits.
8. Human signage.
9. Temporary signs for an event, size, and duration.
10.Where will political signs be addressed?
Councilmember Kors spoke of concern, requested clarification, and
highlighted some key points:
1. Businesses with private patios. May they have a portable sign?
2. How will fines and multiple fines be handled?
3. Will their portable sign permit be revoked?
4. All commercial businesses throughout the City will be able to have
one portable sign, and not only within the Downtown and Uptown
areas.
5. Other opportunities have been provided i.e. blade signs, etc.
6. The need for permits prior to erecting signs.
Councilmember Kors asked the City Manager if it is possible to educate
the business owners of the current ADA laws with respect to portable
signs.
David Ready, City Manager, stated going forward staff will work with the
City's business partners i.e. Main Street etc. and will start an educational
program to educate prior to enforcement.
Mayor Pro Tern Foat stated there should be uniformity with respect to the
signs and the ordinance should include a "tacky clause".
Mayor Moon stated all the important points have been addressed and
looking forward to the comments from the Planning Commission.
Councilmember Mills stated though the ADA requires 48" sidewalk
clearance, it is his hope the Planning Commission will consider more than
48" for those with disabilities.
ACTION:
1) Initiate and refer to the Planning Commission for review and
comment, "AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 12.28.050, 14.16.010, 91.00.10,
AND 93.20.01 THROUGH 93.20.11 OF, AND REPEALING SECTION
12.12.055 OF, THE PALM SPRINGS MUNICIPAL CODE RELATING TO
THE CITY'S SIGN ORDINANCE."
2) Waive the reading of the text in its entirety, read by title only, and
adopt Urgency Ordinance No. 1922, "AN INTERIM URGENCY
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
EXTENDING INTERIM URGENCY ORDINANCE NOS. 1893 and 1912
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April 5, 2017
OF THE CITY OF PALM SPRINGS, CALIFORNIA, IMPOSING INTERIM
REGULATIONS FOR THE INSTALLATION AND MAINTENANCE OF
TEMPORARY SIGNS IN THE CITY OF PALM SPRINGS SUBJECT TO
CERTAIN EXCEPTIONS, AMENDING SECTION 93.20.09.B.5 OF, AND
SUSPENDING ENFORCEMENT OF SECTIONS 93.20.07, 93.20.08, AND
93.20.10.C.4 OF, THE PALM SPRINGS MUNICIPAL CODE, TO JULY 21,
2017." (4/5THS Vote Required)
Motion by Councilmember Roberts, seconded by Councilmember
Kors, and unanimously carried on a roll call vote.
3.B. INTERIM URGENCY ORDINANCE REQUIRING THE IMPOSITION OF
CERTAIN TENANT RELOCATION AND PROTECTION AS A
CONDITION OF APPROVAL OF DISCRETIONARY LAND USE
ENTITLEMENTS:
Douglas Holland, City Attorney, provided background information which
based on recent actions with respect to the Epic Hotel.
Mayor Pro Tern Foat provided additional background information and
some key points of the urgency ordinance as follows:
1. Provide 90-day notice to tenants with respect to eviction or rent
increase.
2. Take into consideration the length of time of residency at the
location.
Councilmember Kors provided comments relating to the conversion of
apartments to hotels or condos as follows:
1. Maintaining the City's affordable housing stock.
2. Provide a 90-day notice to tenants.
3. Provide a 180-day notice to seniors and tenants with disabilities,
plus free rent.
4. Three (3) months free rent plus an additional month for each year
of residency beyond three (3) years.
5.
Councilmember Mills stated this is the first time seeing it, and the public
has not had the opportunity to review and comment on this urgency
ordinance. Further, he stated he is not opposed to this urgency ordinance;
however, due to the fact the public has not had the opportunity to review it,
the urgency ordinance is not acceptable to him. He stated he will not
support this; however, he will support the urgency ordinance placed on the
next agenda.
Mayor Pro Tern Foat stated this is an urgency ordinance and cited the
example of the woman with children whose rent was increased over $150
per month, and the need to stop other incidents like this from taking place.
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City Council Minutes Page 12
April 5, 2017
Councilmember Roberts concurs with Councilmember Mills, and asked
the City Attorney for an alternative.
Douglas Holland, City Attorney, stated rather than allow the urgency
ordinance to be effective for almost a year, the City Council may make it
effective for a 45-day period and return the urgency ordinance to the City
Council for action, thus providing the public adequate time to review and
provide comments.
It was the consensus of the City Council to have it effective to the first May
meeting.
ACTION: Waive the reading of the text in its entirety, read by title only,
and adopt Urgency Ordinance No. 1923, "AN INTERIM URGENCY
ORDINANCE 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" (4/5THS Vote Required), and amending this urgency
ordinance with an expiration date of on May 3, 2017. Motion by
Councilmember Roberts, seconded by Councilmember Kors, and
carried 4-1-0 on a roll call vote.
AYES: Councilmembers Kors, Roberts, Mayor Pro Tem Foat, and
Mayor Moon
NOES: Councilmember Mills
4. UNFINISHED BUSINESS: None
5. NEW BUSINESS:
S.F. CITY COUNCIL AD HOC SUBCOMMITTEE REPORT ON THE
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS' DRAFT
ENVIRONMENTAL IMPACT REPORT FOR THE CV LINK MULTI-
MODAL TRANSPORTATION PROJECT:
Mayor Pro Tem Foat and Councilmember Mills provided background
information as noted in the staff report.
Mayor Moon voiced the following concerns:
1. The cost to maintain the portion of the CV Link in Palm Springs will
be over$500,000 annually.
2. The need for additional public safety.
3. Consider placing it before the voters once the costs have been
determined.
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City Council Minutes Page 13
April 5, 2017
Councilmember Kors spoke in support of the project, and cited the many
positive comments received from the City's residents and the majority of
the project is in Palm Springs, supports Option 3 which addresses the
concerns the Four Seasons residents have voiced, the opportunity to be
outside and enjoy our beautiful city, adding this is a vision of the future.
Councilmember Roberts stated he understands Mayor Moons concerns,
concurs with the comments made by Councilmember Kors, mentioned
ways to obtain outside fund, and the need to solve some of the problems,
asked the subcommitte to come up with alternatives for maintenance and
funding, publicize these alternatives, and work with CVAG.
Mayor Pro Tern Foat stated her support for this project, adding some of
the points raised are the very reasons for her support.
Mayor Moon stated he is not opposed to the project as a whole. He
supports the Tahquitz Creek portion and not supportive of the north and
east portion of the CV Link; additionally, he noted the project will not go
through Rancho Mirage, and Indian Wells will be taking the project to the
voters to decide.
Councilmember Mills stated this has been part of the City's Master Plan
for a long time and stated his support.
No action was taken.
S.A. APPROVAL OF CITY ATTORNEY EMPLOYMENT AGREEMENT:
The Mayor and Council introduced Edward Z. Kotkin.
Mr. Kotkin provided background information on his experience, and stated
he looks forward to being the in-house attorney for the City of Palm
Springs.
Councilmember Kors ask Douglas Holland, City Attorney, to tell the public
of Mr. Kotkin's work while he was with his firm.
Mr. Holland stated he reviewed records back to January 2010, looking for
work Mr. Kotkin did for the City of Palm Springs and identified four (4)
cases for the City of Palm Springs as follows:
1. One Police Department case, approximately 1.6 hours.
2. Code Enforcement Cases, approximately 4.0 hours
Mr. Holland added Mr. Kotkin did not work on or assist with the Downtown
Project.
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City Council Minutes Page 14
April 5, 2017
The Mayor and City Council spoke in support of Mr. Kotkin and thanked
Douglas Holland, City Attorney, for his 12 plus years with the City of Palm
Springs.
ACTION:
1) Approve Employment Agreement with Edward Z. Kotkin for position
of City Attorney. A6963.
2) Authorize the City Manager to execute all necessary documents.
Motion by Mayor Pro Tern Foat, seconded by Councilmember Mills,
and unanimously carried on a roll call vote.
5.B. AWARD A CONSTRUCTION CONTRACT TO AUDIO ASSOCIATES IN
THE AMOUNT OF $1,288,256.93 FOR THE CITY COUNCIL CHAMBER
AUDIOVISUAL SYSTEM UPGRADE, CP 15-06:
Marcus Fuller, Assistant City Manager/City Engineer, provided the
background information as outline in the staff report.
ACTION:
1) Adopt Resolution No. 24203, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
THE BUDGET FOR FISCAL YEAR 2016-17, APPROPRIATING A TOTAL
OF $1,585,591, FOR THE CITY COUNCIL CHAMBER AUDIO / VISUAL
SYSTEM UPGRADE, CITY PROJECT NO. 15-06, OF WHICH $985,591
IS FROM THE ASSIGNED PEG FEE BALANCE IN THE GENERAL
FUND, AND $600,000 IS FROM THE UNRESTRICTED GENERAL FUND
RESERVES, AS AN INTERNAL LOAN TO BE REPAID FROM FUTURE
PAYMENTS RECEIVED FOR PUBLIC, EDUCATIONAL AND
GOVERNMENTAL (PEG) FEES."
2) Award to an agreement to Audio Associates in the amount of
$1,288,256.93, for the City Council Chamber Audio/Visual System
Upgrade, CP 15-06. A6964.
3) Authorize a Purchase Order to Interwest Consulting Group,
pursuant to On-Call Agreement, in the amount up to $50,000 for
construction management and inspection services for the City Council
Chamber Audio/Visual System Upgrade, CP 15-06. A6686.
4) Authorize the temporary relocation of all scheduled City Council,
Board and Commission meetings to the Convention Center or alternate
available location throughout the duration of construction.
5) Delegate authority to the City Manager to approve and execute
construction contract change orders up to the cumulative amount of
$128,826.
6) Authorize the City Manager to execute all necessary documents
Motion by Councilmember Roberts, seconded by Councilmember
Mills, and unanimously carried on a roll call vote.
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April 5, 2017
S.C. DISCUSSION OF PUBLIC PARKING OPTIONS FOR THE DREAM
HOTEL LOCATED AT THE NORTHEAST CORNER OF CALLE
ALVARADO AND AMADO ROAD:
David Ready, City Manager, provided a summary as outline in the staff
report.
Councilmember Roberts requested additional information with respect to
the amount of parking spaces available and required; additionally,
suggested setting money aside for future parking needs.
Councilmember Mills requested additional information with respect to the
site plan, and if it will go through all the normal approval processes.
ACTION: It was the consensus of the City Council to accept the lump sum
payment from the developer in the amount of $2,675,000 for future
parking needs.
5.11). AUTHORIZE THE PAYMENT OF COSTS INCURRED IN THE
CONSTRUCTION AND INSTALLATION OF PUBLIC IMPROVEMENTS
IN CONJUNCTION WITH THE DEVELOPMENT OF THE DOWNTOWN
PALM SPRINGS PROJECT; AUTHORIZE THE CONSTRUCTION,
INSTALLATION, AND PAYMENT OF ADDITIONAL PUBLIC
IMPROVEMENTS IN THE AMOUNT OF $3,060,582.40 IN
CONJUNCTION WITH THE DEVELOPMENT OF THE DOWNTOWN
PALM SPRINGS PROJECT; AND CONSENT TO A SUBORDINATION
OF THE CITY'S INTEREST IN THE PERFORMANCE TRUST DEED
FOR BLOCK F SOLELY FOR THE BENEFIT OF A CONSTRUCTION
LOAN ON BLOCK B:
Douglas Holland, City Attorney, and David Ready, City Manager, provided
the summary as outlined in the staff report.
Mr. Holland highlighted the following points:
1 . These are payment for public improvements, on land owned by the
City.
2. The payments will only be made as work is completed.
3. The need to provide additional security for the lender on Block B,
requesting the City subordinate the deed of trust for Block F, formerly
identified as the block Marriott Hotel site. The lender is requesting the
City subordinate this piece of property to the construction loan. City
will have the priority position once the construction loan has been
terminated. Additionally, the City still has priority on three (3) other
sites.
Dr. Ready highlighted the following points:
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April 5, 2017
1. Part of the escrow was to ensure additional checks, balances,
safeguards are in place, in the form of an Owners Representative. The
City has retained the services of an Owners Representative. He is on
site, works for the City, and is able to verify portions of the project have
been completed.
2. The Owners Representative is available for any questions.
3. The purpose of the action is to make sure the project can go forward
and the City received the items.
Councilmember Kors requested confirmation that these payments are
being made when the work is completed, checked, and pursuant to the
public financing agreement. David Ready, City Manager, confirmed the
payments are being made pursuant to the agreement.
Councilmember Kors requested clarification on the payment process of
the project, and if City Council approval was required.
David Ready, City Manager, stated in the spirit of transparency, out of an
abundance of caution due to the recent indictments, and at the advice of
Special Counsel, with expertise in this area, going forward staff will ensure
the City Council is aware of all expenditures relating to this project.
Councilmember Kors asked whether the 2014 change order was
"consistent with the Specific Plan" or "specified by the Specific Plan".
Mr. Holland explained that the change order was covered by the Specific
Plan which generally described the kinds of improvements necessary.
Councilmember Kors requested confirmation with respect to Items 1 and
2, that the request for City Council approval is only paying bills as they
were submitted for payment in accordance to the agreement. David
Ready, City Manager, confirmed staff is requesting approval to only
paying bills as they were submitted for payment in accordance to the
agreement, adding the monies were previously allocated, and the City
Council will not be allocating additional funds for the payment of these
bills.
Mayor Pro Tern Foat cautioned belief in all statements made under public
comment. She stated the matter was related to payment for work done on
property owned by the City. She discussed the checks and balances to
ensure invoices were accurate prior to payment. She expressed
appreciation for the information.
Councilmember Roberts requested an update on the work under the
specific payment requested. Michael Fontana, Owners Representative,
explained the public escrow account for improvements that the public
would own after the project was completed. He stated his role did not deal
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City Council Minutes Page 17
April 5, 2017
with the buildings. He stated his role included changes after the PAF was
done including the parking structure, park and street widening. He
invoices were submitted to him as work was completed and he verified
and made recommendations to the City for bill payment. Councilmember
Roberts confirmed that the money was not issued until Mr. Fontana
determined the work was completed.
City Manager Ready explained that Mr. Fontana would consult with the
agent if there were questions.
Councilmember Roberts stated a full audit would be completed at the end
of the project. He thanked Mr. Fontana for clarifying the checks and
balances.
City Manager Ready stated Mr. Fontana confirmed that the improvement
actually occurred by being onsite to verify.
ACTION:
1) Authorize the City Manager to release payments to Palm Springs
Promenade, LLC, through the public improvement escrow account, for
public improvements completed to the satisfaction of the City Engineer,
and upon independent third-party verification of the completion of the
public improvements, in accordance with the original Public Financing
Agreement approved on September 7, 2011.
2) Find and reaffirm as necessary and appropriate additional public
improvements consistent with the current, adopted Specific Plan and
authorize payment thereof in an amount not exceed $3,060,582.40 for
such improvements upon independent third-party verification of the
completion of all of such public improvements;
3) Authorize the City Manager to execute a Subordination Agreement
in a form approved by the City Attorney, allowing the City's priority interest
under the terms of the Performance Trust Deed to be subordinated in
favor of a construction loan on Block B. A
4) Authorize the City Manager to execute all necessary documents.
Motion by Councilmember Mills, seconded by Mayor Pro Tern Foat,
and unanimously carried on a roll call vote.
5.E. CITY COUNCIL AD HOC SUBCOMMITTEE REPORT ON THE
DOWNTOWN PALM SPRINGS PARK:
Councilmember Roberts provided summary as outlined in the staff report.
Councilmember Mills provided information on the process and the two
proposed community outreach workshops:
1. First public workshop. Mr. Rios will evaluate information from the
first public workshop, report back to the City Council subcommittee,
29
City Council Minutes Page 18
April 5, 2017
and later to the City Council as a whole during the conceptual
stage.
2. A hardline conceptual plan will be presented at the second public
workshop to receive additional input from the public.
3. Presentation of the hardline conceptual plan to the City Council as
a whole for approval prior to the preparation of the construction
documents.
Councilmember Roberts requested an estimated cost from Mr. Rios with
respect to the next step after the completion of the conceptual plan.
ACTION:
1) Waive all competitive requirements of Title 7 of the Palm Springs
Municipal Code finding that Rios Clementi Hale Studios has demonstrated
experience and expertise of providing the required landscape design
services through prior experience partnering with the City on the initial
development of conceptual designs for the Downtown Palm Springs Park,
and through a competitive qualifications based selection process
completed by the City of Santa Monica through its Request for Proposal
(RFP No. SP2422) for the Airport Park Expansion Project.
2) Approve an agreement with Rios Clementi Hale Studios, in the
amount of $38,000 for professional landscape architectural design
services. A6966.
Motion by Councilmember Mills, seconded by Councilmember Kors,
and unanimously carried on a roll call vote.
PUBLIC COMMENT: (Non-Agenda Items)
Kate Castle spoke in reference to the closure of the Well in the Desert, and the need for
both long term and short term solutions, suggesting allowing the use of the showers at
the Pavillion on a short term basis; and suggested a long term plan on a plot of land that
has a concrete pad.
Carrie Allen invited the City Council and the public to the Easter Sunrise Service at the
O'Donnell House, at 5 a.m. on April 16, 2017.
COUNCILMEMBER AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT:
Mayor Pro Tern Foat requested a City Council Annexations and Land Acquisitions ad
hoc subcommittee meeting (subcommittee members - Councilmember Roberts and
Mayor Pro Tern Foat).
Mayor Moon requested agendizing boarded and vacant building ordinance.
David Ready, City Manager, report on the placement of documents on the City's
website with respect to the Downtown Project.
� J
City Council Minutes Page 19
April 5, 2017
Mayor Moon reported the Downtown Project completion schedule has been placed on
the City's website.
Councilmember Kors requested the following:
1. Agendizing the definition of "estate homes" for the April 19, 2017, or
May 3, 2017, City Council meeting.
2. Agendizing the ethics and transparency item for May 17, 2017.
ADJOURNMENT:
The City Council adjourned at 10:41 p.m. to the next regular meeting Wednesday,
April 19, 2017, at 6:00 p.m. Council Chamber, City Hall, preceded by Closed Session,
Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.
Respectfully� yssubmitted,
4l 0
KATHLEEN D. HART, MMC
Interim City Clerk
CERTIFICATION
STATEOFCALIFORNIA )
COUNTY OFRIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, California,hereby certify that the April
5, 2017, MINUTES were approved by the City Council of the City of Palm Springs at a regular meeting held on the
May 3,2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSAL:
KATHLEEN D. HART, MMC
Interim City Clerk
31
EXHIBIT A
CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF THE PALM SPRINGS
„p1
CLOSED SESSION AGENDA
Wednesday, April 5, 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.
PUBLIC EMPLOYMENT APPOINTMENT G.C. 54957
Position: City Attorney
EXISTING LITIGATION G.C. 54956.9(a)
City of Palm Springs as Successor Agency et al. v. Ana Matosantos et al
Case No. 34-2013-80001440, Sacramento Superior Court, Sacramento Division
Case No. RIC 1513477, Riverside Superior Court, Riverside Division
Intervention911 vs. City of Palm Springs
Case No. EDCV1301117, United Stated District Court, Central District of Califomia
Protect Our Neighborhoods v. City of Palm Springs, City Council of Palm Springs
Case No. RIC1703102, Riverside Superior Court, Riverside Division
4348 Lockwood Ave., LLC, et al vs. The City of Palm Springs
Case No. RIC1704320, Riverside Superior Court, Riverside Division
EXPOSURE TO LITIGATION G.C. 54956.9(b)
3 Cases
INITIATION OF LITIGATION G.C. 54956.9(c)
3 Cases
3Z
Closed Session Agenda
April 5, 2017
Page 2
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 504-260-004 and 504-260-005
at the intersection of Via Olivera and Zanjero
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: 7 In Olivera LLC
Under Negotiation: Price and Terms of Payment (Sale)
33
Minutes for the March 15, 2017, City Council Meeting
to follow.
34
CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT
AGENCY AND AS THE PALM SPRINGS FINANCING AUTHORITY
CITY OF PALM SPRINGS, CALIFORNIA
MINUTES
WEDNESDAY, March 1, 2017
City Hall, Council Chamber
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
CLOSED SESSION
4:30 p.m. 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.
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.
The Mayor and City Council recessed to Closed Session in the small conference room
at 4:34 p.m.
REGULAR CITY COUNCIL MEETING
6:00 p.m. CALL TO ORDER:
Mayor Moon called the meeting to order at 6:04 p.m.
PLEDGE OF ALLEGIANCE:
Boy Scout Troop 262 led the Pledge of Allegiance.
ROLL CALL:
PRESENT: Councilmember Kors, Councilmember Mills, Councilmember Roberts,
Mayor Pro Tern Foat, and Mayor Moon
ABSENT: None
ALSO PRESENT: City Manager Ready, City Attorney Holland, Interim Chief Deputy City
Clerk Berardi
Assistant City Manager/City Engineer Fuller, Planning Director Fagg
PRESENTATIONS: None.
REPORT OF CLOSED SESSION:
35
City Council Minutes Page 2
March 1, 2017
Douglas Holland, City Attorney, reported on the Oswit Canyon initiative measure and
legal attempt to pre-empt the City's ability to move forward on the item. He discussed
the effect and relationship of the measure to the Agua Caliente Indian Reservation and
Sierra Club and, therefore,added language to the initiative proposed ordinance for
Council action.
This additional language was added for both actions:
1. Adopt as presented by the proponents of the initiative measure, or
2. Call a special election.
Additionally, Mr. Holland read for the record the language that was added:
"in the event any provision of this Ordinance changes, amends, or modifies the land use
designations or the land uses of any trust land within the Agua Caliente Indian
Reservation, such provision shall not become effective until the Tribal Council of the
Agua Caliente Band of Cahuilla Indians reviews and consults with the City as provided
under the 1977 Land Use Contract, as amended, between the Tribe and the City." "In
the event any provision of this Ordinance violates the provisions of the August 18, 1993
Stipulated Judgment entered by the Court in the case of Sierra Club, et al. v. All
Persons Interested in the Matter of the Redevelopment Plan for Canyon
Redevelopment Project (Riverside County Case No. 64725), such provision shall not be
enforced until the Court approves such provision as provided in Sections V or VI of the
Stipulated Judgment."
Mr. Holland noted the above would remain in effect whether there were changes made
by the voters or the City.
Mr. Holland noted a provision in the measure, recognizing a certain level of flexibility, for
a special policy area. This amends provisions adopted by the City Council Chino Cone
provisions. He read the proposed:
"Development densities in the Chino Cone and Oswit Cone are one dwelling unit per
forty acres (1 du/40 ac). Development applications in excess of this density may be
considered with the submittal of a Specific Plan and its associated environmental
documentation, which would by action, establish a general plan amendment. In all
cases, development within the Chino Cone and Oswit Cone Special Policy Area must
be consistent with the Environmentally Sensitive Development Areas Specific Plan
Ordinance (ESA-SP) in the Palm Springs Zoning Code. The Palm Hills Special Policy
Area allows residential and resort development at a maximum of 1 dwelling unit/hotel
unit per acre, not to exceed a total of 1,200 units. Any development proposed in the
Palm Hills area will require the preparation of a Specific Plan and a related
environmental impact report."
ACCEPTANCE OF THE AGENDA:
Councilmember Mills requested removing 1 K from the Consent Calendar for a separate
vote.
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City Council Minutes Page 3
March 1, 2017
Councilmember Kors requested removing 1A from the Consent Calendar for a separate
vote.
ACTION: Approve the agenda as presented with the following modifications:
Removing 1A and 1 K from the Consent Calendar.
Motion by Mayor Pro Tern Foat, seconded by Councilmember Roberts, and
unanimously (5-0-0) carried on a roll call vote
PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY)
Robert Findley voiced concerns regarding the language related to the location of
cannabis facilities in 1 D.
Mark Kendrick requested the Council adopt the Oswit Canyon initiative as is.
Ed Dube, representing himself and many of his part time neighbors, spoke in support of
the Oswit Canyon initiative and requested the Council adopt the proposed ordinance as
presented by the proponents.
David Lahti stated the Agua Caliente Band of Cahuilla Indians supported the initiative
due to the fact it did not affect Tribal lands. He encouraged the Council to visit the
natural land.
Charlie LaMorte spoke in support of 3A and urged the Council to not be swayed by the
threat of litigation, and requested the Council vote to rezone Oswit Canyon rather than
holding a special election.
Allen Worthy spoke in support of Oswit Canyon.
Jane Garrison spoke in support of the Oswit Canyon Initiative and adoption of the
proposed ordinance as presented.
Andy Gibbs spoke in support of the Oswit Canyon Initiative. He discussed the visitors
hiking in Oswit Canyon.
Les Barclay spoke in support of Oswit Canyon without going to a vote of the people.
Christopher Meyers agreed that the Council should vote to rezone Oswit Canyon and
he encouraged the Council to represent the vision of the community.
Elise Kern, attorney representing the property owner in the Oswit Canyon area,
discussed the validation judgment and indicated objection to adoption of the proposed
ordinance as presented by the proponents.
Victoria Shaver requested those in support of Oswit Canyon stand. She discussed the
initiative and urged the Council to rezone the property.
37
City Council Minutes Page 4
March 1, 2017
Steve Rosenberg discussed the potential regulatory taking of land in Oswit Canyon and
suggested it be put to a vote of the people.
Judy Deertrack spoke in support of saving Oswit Canyon and voiced concerns relating
to Planned Development Districts.
Max Groso indicated support of Oswit Canyon and commented on 1 D requesting the
distance be kept at 200 feet, as opposed to 500 feet, as recommended by the Planning
Commission.
Kerry Pucket spoke in support of Oswit Canyon and retaining open space.
Randy Jespersen discussed the non-permanent residents that support Oswit Canyon
and he urged the Council to rezone the property.
Mindy Reed discussed 5B and requested allowance of A-frame signs.
Kathy Weremiuk spoke on 5B and the potentially unconstitutional sign ordinance.
Aftab Dada spoke on 5C and requested the matter be tabled to allow continued
negotiations.
Joy Brown Meredith spoke on behalf of Crystal Fantasy and Main Street Palm Springs
regarding the sign ordinance in 5B. She requested additional time for business owners
to review and comment.
Will Stiles encouraged the Council to take risks and lead by example.
Tanya Petrovna spoke in support of 3A and requested the Council adopt the proposed
ordinance as presented by the proponents.
1. CONSENT CALENDAR:
Councilmember Kors requested 1 D be removed from the Consent Calendar.
ACTION: Approve Items 1 B, 1 C, 1 E, 1 F, 1 G 1 H, 11 and 1 J.
Motion by Councilmember Roberts, seconded by Councilmember Mills, and
unanimously carried on a roll call vote.
1.6. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION:
1) Adopt Resolution No. 24180, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE
1
City Council Minutes Page 5
March 1, 2017
PERIOD ENDED 12-31-2016 BY WARRANTS NUMBERED 419781
THROUGH 419793 TOTALING $22,018.02, LIABILITY CHECKS
NUMBERED 1089743 THROUGH 1089763 TOTALING $84,660.64,
FIVE WIRE TRANSFERS FOR $105,222.67 AND THREE
ELECTRONIC ACH DEBITS OF $1,351,810.40 IN THE AGGREGATE
AMOUNT OF $1,563,711.73, DRAWN ON BANK OF AMERICA."
2) Adopt Resolution No. 24181, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY
WARRANTS NUMBERED 1089764 THROUGH 1089771 IN THE
AGGREGATE AMOUNT OF $579,378.50, DRAWN ON BANK OF
AMERICA."
3) Adopt Resolution No. 24182, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY
WARRANTS NUMBERED 1089772 THROUGH 1089936 IN THE
AGGREGATE AMOUNT OF $2,457,327.90, DRAWN ON BANK OF
AMERICA."
4) Adopt Resolution No. 24183, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE
PERIOD ENDED 01-14-2017 BY WARRANTS NUMBERED 419794
THROUGH 419812 TOTALING $33,579.78, LIABILITY CHECKS
NUMBERED 1089937 THROUGH 1089957 TOTALING $81,377.48,
FIVE WIRE TRANSFERS FOR $57,819.74 AND THREE
ELECTRONIC ACH DEBITS OF $1,242,460.72 IN THE AGGREGATE
AMOUNT OF $1,415,237.72, DRAWN ON BANK OF AMERICA."
5) Adopt Resolution No. 24184, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY
WARRANTS NUMBERED 1089958 THROUGH 1090046 IN THE
AGGREGATE AMOUNT OF $1,541,559.56, DRAWN ON BANK OF
AMERICA."
6) Adopt Resolution No. 24185, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY
WARRANTS NUMBERED 1090047 THROUGH 1090176 IN THE
AGGREGATE AMOUNT OF $1,586,114.24, DRAWN ON BANK OF
AMERICA."
Approved as part of the Consent Calendar.
1.C. SECOND READING AND ADOPTION OF ORDINANCE NO. 1915,
ADOPTING A NEGATIVE DECLARATION (ND) AND APPROVING A
CHANGE OF ZONE FROM HC (HIGHWAY COMMERCIAL) TO M-2
(MANUFACTURING) AT 19345-19465 NORTH INDIAN CANYON
33
City Council Minutes Page 6
March 1, 2017
DRIVE:
ACTION: Waive the second reading of the ordinance text in its entirety,
read by title only, and adopt Ordinance No. 1915, "AN ORDINANCE OF
THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A NEGATIVE
DECLARATION (ND) AND APPROVING A CHANGE OF ZONE FROM
HC (HIGHWAY COMMERCIAL) TO M-2 (MANUFACTURING) FOR AN
EXISTING LIGHT INDUSTRIAL DEVELOPMENT LOCATED AT 19345-
19465 NORTH INDIAN CANYON DRIVE, SECTION 15 (CASE 5.1401-
ZCy,
Approved as part of the Consent Calendar.
1.E. ACCEPTANCE OF THE CALLE PALO FIERRO SEWER LINE
REPLACEMENT, CP 16-14:
ACTION:
1) Accept the public works improvement identified as the Calle Palo
Fierro Sewer Line Replacement as completed in accordance with the
plans and specifications, CP 16-14.
2) Authorize the City Engineer to execute and file for recordation with the
Riverside County Recorder a Notice of Completion for Calle Palo
Fierro Sewer Line Replacement.
Approved as part of the Consent Calendar.
1.F. APPROVE AMENDMENT NO. 5 TO AGREEMENT NO. A5580 WITH
DOKKEN ENGINEERING IN THE AMOUNT OF $67,000 FOR POST
CONSTRUCTION ENVIRONMENTAL MITIGATION SERVICES FOR
THE BOGERT TRAIL BRIDGE REHABILITATION PROJECT, FEDERAL
AID PROJECT NO. BHLS 5282 (026), CP 07-03:
ACTION:
1) Approve Amendment No. 5 to Agreement No. A5580 with Dokken
Engineering in the amount of $67,000, for a total contract amount of
$940,985, for the Bogert Trail Bridge Rehabilitation Project, Federal
Aid Project No. BHLS 5282 (026), CP 07-03.
2) Authorize the City Manager to execute all necessary documents.
Approved as part of the Consent Calendar.
1.G. AUTHORIZE AN INCREASE IN THE AMOUNT OF $19,780 TO
PURCHASE ORDER 17-0727 ISSUED TO HARRIS & ASSOCIATES
FOR THE SOUTH PALM CANYON DRIVE AT LA PLAZA SAFETY
BOLLARD INSTALLATIONS, CP 15-29:
ACTION:
1) Authorize an increase in the amount of $19,780 to Purchase Order
17-0727 with Harris & Associates for a revised total amount of $35,700
for the S. Palm Canyon Drive at La Plaza Safety Bollard Installations,
City Project No. 15-29. A6444.
2) Authorize the City Manager to execute all necessary documents.
Approved as part of the Consent Calendar.
40
City Council Minutes Page 7
March 1, 2017
1.H. MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT
FOR CLASS 1 HISTORIC SITE LOCATED AT 360 CABRILLO ROAD
UNIT 114 -115 (RACQUET CLUB COTTAGES WEST HD-3):
ACTION:
1) Approve a Mills Act Historic Property Preservation Agreement between
the City of Palm Springs, Timothy Vogel and Nancy Vogel and the
Racquet Club Garden Villas Homeowners Association, for 360 Cabrillo
Road Unit 114-115 (HSPB 88 / HD-3). A6952.
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.
1.1. MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT
FOR CLASS 1 HISTORIC SITE LOCATED AT 1746 S. PALM CANYON
DRIVE (ROYAL HAWAIIAN ESTATES HD 2):
ACTION:
1) Approve a Mills Act Historic Property Preservation Agreement with Erin
A. Nestor and Rebecca J. Denk and the Royal Hawaiian Estates
Homeowners Association, for 1746 S. Palm Canyon Drive
(HSPB 73 HD- 2). A6953.
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.J. APPROVAL OF A SEWER CONNECTION EXEMPTION FOR THE
PROPERTY LOCATED AT 2225 LEONARD ROAD IN ACCORDANCE
WITH TITLE 15 OF THE PALM SPRINGS MUNICIPAL CODE:
ACTION: Approve an exemption to the requirement to connect to the
public sewer system for the property located at 2225 Leonard Road, in
accordance with Chapter 15.14.010 of the Palm Springs Municipal Code,
and Resolution No. 20650 — subject to a requirement to execute a Sewer
Covenant obligating connection to the public sewer when available in the
future.
Approved as part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
1.A. APPROVAL OF MINUTES:
Councilmember Kors stated he would like the Minutes to reflect he
appreciates the design and relative affordability, and opposed the
proposed gates on Minutes of February 15, 2017, Page 8, Public
Hearing Item 2A, 64@RIV.
41
City Council Minutes Page 8
March 1, 2017
ACTION: Approve the City Council Minutes of February 15, 2017,
February 13, 2017, and February 1, 2017, with the modification to the
February 15, 2017, Minutes as noted by Councilmember Kors.
The City Council unanimously approved the City Council Minutes of
February 15, 2017, February 13, 2017, and February 1, 2017, with the
modification to the February 15, 2017, Minutes as noted by
Councilmember Kors.
1.D. SECOND READING AND ADOPTION OF ORDINANCE NO. 1916,
AMENDING THE PALM SPRINGS ZONING CODE (PSZC) RELATING
TO SEPARATION DISTANCE REQUIREMENTS FOR MEDICAL
CANNABIS COOPERATIVES OR COLLECTIVES AND MEDICAL
CANNABIS DISPENSARIES:
Councilmember Kors stated the Palm Springs Unified School District
requested a 500 foot distance from the schools, and requested
clarification with respect to additional dispensaries.
Mayor Pro Tem Foat commented on the Council's consideration of the
Planning Commission's recommendation for radius requirements.
In response to Councilmember Mills, City Attorney Holland explained use
of property for cannabis facilities and schools.
ACTION: Waive the second reading of the ordinance text in its entirety,
read by title only, and adopt Ordinance No. 1916, "AN ORDINANCE OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
SUBSECTION C OF SECTION 93.23.15 OF THE PALM SPRINGS
ZONING CODE (PSZC) RELATING TO LOCATIONAL REQUIREMENTS
FOR MEDICAL CANNABIS DISPENSARIES IN THE CITY."
Motion by Councilmember Mills, seconded by Mayor Pro Tem Foat,
and unanimously carried on a roll call vote.
1.K. ACCEPTANCE OF THE PALM SPRINGS ENTRY SIGNS, CITY
PROJECT NO. 13-31:
ACTION:
1) Accept the public works improvement identified as the Palm Springs
Entry Signs as completed in accordance with the plans and
specifications, CP 13-31.
2) Authorize the City Engineer to execute and file for recordation with the
Riverside County Recorder a Notice of Completion for the Palm Springs
Entry Signs, CP 13-31. A6796. Approved as part of the Consent
Calendar.
42
City Council Minutes Page 9
March 1, 2017
Councilmember Mills stated the Council was accepting construction of the
signs and there may need to be consideration of future modifications to
improve traffic.
Assistant City Manager/City Engineer Fuller responded to Councilmember
Roberts indicating the former signs were retained.
In response to Mayor Pro Tern Foat, Assistant City Manager/City Engineer
Fuller stated the boulders had been relocated.
In response to Mayor Moon, Assistant City Manager/City Engineer Fuller
explained the location of the sign due to Caltrans not allowing construction
in its right of way. He discussed theft of some of the LED lights.
ACTION: 1) Accept the public works improvement identified as the Palm
Springs Entry Signs as completed in accordance with the plans and
specifications, CP 13-31. 2) Authorize the City Engineer to execute and file
for recordation with the Riverside County Recorder a Notice of Completion
for the Palm Springs Entry Signs, CP 13-31. A6796.
Motion by Councilmember Mills, seconded by Mayor Pro Tern Foat,
and unanimously carried on a roll call vote.
2. PUBLIC HEARINGS:
2.A. APPEAL BY SUMMIT LAND PARTNERS, LLC, OF THE PLANNING
COMMISSION ACTION TO DENY A PLANNED DEVELOPMENT
DISTRICT APPLICATION, VESTING TENTATIVE TRACT MAP
APPLICATION, AND A MAJOR ARCHITECTURAL APPLICATION FOR
THE DEVELOPMENT OF A 90-LOT SINGLE-FAMILY SUBDIVISION ON
A 13.28 ACRE PARCEL AT THE SOUTHWEST CORNER OF EAST
PALM CANYON DRIVE AND MATTHEW DRIVE, ZONE R-3 (CASE NO.
5.1384-PD 381/VTTM 36969/MAJ 3.3902):
Flinn Fagg, Director of Planning Services, provided background
information as outlined in the staff report dated March 1, 2017.
After brief Council discussion, the public hearing was not opened based
on the fact that the matter was being returned to the Planning Commission
for reconsideration.
ACTION: Take no action on the appeal and return the applications to the
Planning Commission to reconsider at a public hearing and provide a
resolution supporting their findings.
Motion by Mayor Pro Tem Foat, seconded by Councilmember
Roberts, and unanimously carried on a roll call vote.
43
City Council Minutes Page 10
March 1, 2017
2.B. CORTEL INC. (VERIZON WIRELESS) FOR A CONDITIONAL USE
PERMIT TO CONSTRUCT A FORTY-FIVE FOOT TALL MONOPALM
STRUCTURE WITH ASSOCIATED EQUIPMENT SHELTER,
INCLUDING A CEQA DETERMINATION OF CATEGORICAL
EXEMPTION, AT THE METHODIST CHURCH OF PALM SPRINGS
LOCATED AT 1555 EAST ALEJO ROAD, ZONE MBR
(CASE NO. 5.1387 CUP):
Flinn Fagg, Director of Planning Services, provided background
information as outlined in the staff report dated March 1, 2017.
Mayor Pro Tern Foat requested the addition of conditions to improve
the existing cell tower.
Councilmember Roberts expressed concern regarding maintenance of
the monopalms. Director Fagg explained maintenance review is
included in the conditional use permit. Councilmember Roberts
suggested periodic review be included in the zoning ordinance.
Andrea Urbas, Applicant, discussed efforts to determine the best
design solution and location.
Ahmad Smith, Verizon Wireless, expressed willingness to maintain the
facility and indicated he was available to respond to questions.
Marjorie Conley Aikens spoke in support of the cell tower.
Maureen Brealey spoke in support of the cell tower.
Jim McInerney spoke in support of the cell tower.
Elizabeth Bidwell spoke in support of the cell tower.
Councilmember Mills suggested requiring three palms in varying
heights and submittal of a complete landscaping plan.
ACTION: Adopt Resolution No. 24186, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A CONDITIONAL USE PERMIT FOR THE
INSTALLATION OF A FORTY-FIVE FOOT TALL MONOPALM
COMMERCIAL COMMUNICATION ANTENNA STRUCTURE WITH
ASSOCIATED EQUIPMENT SHELTER AT THE METHODIST
CHURCH OF PALM SPRINGS LOCATED AT 1555 EAST ALEJO
ROAD, ZONE MBR, SECTION 14, INCLUDING A CATEGORICAL
EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA
44
City Council Minutes Page 11
March 1, 2017
ENVIRONMENTAL QUALITY ACT, (CASE NO. 5.1387 CUP)", as
amended.
Motion by Councilmember Mills, seconded by Councilmember
Roberts, and unanimously carried on a roll call vote.
2.C. SUNLIGHT PEAK LLC (DBA: "EPIC HOTEL"), FOR A CONDITIONAL
USE PERMIT TO ALLOW AN EIGHT (8) UNIT BOUTIQUE HOTEL TO
CONTAIN KITCHENS, LOCATED AT 275 EAST TAMARISK ROAD,
ZONE R-3 (CASE 5.1404 CUP):
Flinn Fagg, Director of Planning Services, provided background
information as outlined in the staff report dated March 1, 2017.
In response to Councilmember Roberts, Director Fagg explained the
requirements to convert to a hotel.
Councilmember Kors expressed concern about the loss of rental
apartment units and the conversion to a hotel. He asked what assistance
would be provided to the existing tenants. Director Fagg discussed
noticing requirements and tenant assistance payments. He discussed
front desk staffing, management and housekeeping services.
In response to Mayor Pro Tern Foat, Director Fagg explained that the
kitchens removed the need for a restaurant.
Mayor Moon opened the public hearing.
Kevin Stachel, applicant, discussed his experience in rehabilitation of
apartment buildings.
James Cioffi addressed the Council regarding neighborhood meetings and
endorsement of the project. He stated the property would be a hotel, not a
vacation rental. He stated the existing property was a market rate rental
apartment building.
Hal Hall stated the existing tenants were not long term tenants. He
indicated support for improvements to the building.
Kathy Weremiuk, Planning Commissioner, thanked Councilmember Kors
for calling the matter up and she requested guidance on the matter.
Mr. Stachel questioned the relocation service requirements.
No others came forth to address the City Council; therefore, Mayor Moon
closed the public hearing.
45
City Council Minutes Page 12
March 1, 2017
Mayor Moon stated he was impressed by the architecture. He stated he
visited two units and the rooms were small and the property was blighted.
He indicated support for the proposed project.
Councilmember Roberts indicated support for the proposed boutique
hotel. He suggested policy discussion regarding loss of rental properties
and evictions due to conversions. In response to Councilmember
Roberts, Mr. Stachel stated the tenants all had month to month leases.
Mayor Pro Tern Foat expressed concern about relocating the tenants and
requested a list of lease holders. City Attorney Holland stated short term
tenants were not typically eligible for relocation assistance. Mayor Pro
Tern Foat indicated support for the project because property was blighted.
She discussed the need to consider affordable housing options.
Councilmember Kors concurred with the other Councilmember. He
suggested reviewing affordable housing and apartment conversion
policies. He requested adding conditions that the property operate as a
hotel.
Councilmember Mills suggested revisiting existing policies. He indicated
support for the project.
ACTION: Approve Case 5.1404 with the conditions imposed by the
Planning Commission, 1) Property owner to provide a 60 day notice of
intent to convert apartment complex to hotel for all current building tenants
with proof of notification submitted to the Planning Services Department,
2) Property owner to provide tenant assistance to occupants as stipulated
in the Palm Springs Municipal Code, and the requirement by the City
Council that the property shall be operated as a typical full-service hotel.
Motion by Councilmember Mills, seconded by Mayor Pro Tern Foat,
and unanimously carried on a roll call vote.
2.D. ADMINISTRATIVE REVIEW AND CONFORMITY REPORT FOR THE
VISION AGUA CALIENTE MASTER PLAN, TO ALLOW FOR THE
EXPANSION OF THE EXISTING SPA RESORT CASINO, 350 HOTEL
ROOMS, MEETING ROOMS, RETAIL/CULTURAL SPACE, A
SPA/FITNESS CENTER, AND A PARKING STRUCTURE ON AN 18-
ACRE CONSOLIDATED SITE LOCATED AT THE NORTHEAST
CORNER OF INDIAN CANYON DRIVE AND TAHQUITZ CANYON
WAY, ZONE RA ("RESORT ATTRACTION"), SECTION 14 (CASE
5.1410):
Flinn Fagg, Director of Planning Services, provided background
information as outlined in the staff report dated March 1, 2017.
4Q
City Council Minutes Page 13
March 1, 2017
Mayor Moon called a recess at 8:13 p.m.
Mayor Moon reconvened the meeting reconvened at 8:21 p.m.
Margaret Parks, Director of Planning and Natural Resources, Agua
Caliente Band of Cahuilla Indians, explained the government land use
agreement, draft Tribal Environmental Impact Report (EIR) which was out
for public review and the State Game Compact process.
Donna Florence discussed the City's authority and responsibility in
reviewing the application.
Robert Stone complimented staff on the content of staff report. He
expressed concern about the height of the proposed building and
questioned the conclusions in the EIR.
AI Silverstein indicated opposition to the project due to the height. He
urged the Council to not approve the project and discuss the project with
the Tribe.
Judy Deertrack disagreed with staffs interpretation on the City's
involvement in project approval. She discussed the State Game Compact
and the City's opportunity for negotiation and arbitration.
Frank Tysen stated the draft EIR was faulty in its claim that the height of
the building had no environmental impact. He expressed disappointment
with the entrance being replaced by a four-story garage. He stated the
City gave power away by giving street rights of way.
Brian Yaklich stated he was disheartened by the project due to its height,
and impact to existing hotels and businesses. He stated it was necessary
to reach commonalities with the Tribe.
Councilmember Roberts stated he understood the Tribe's business of
gaming. He stated it was necessary to allow development of scale and
harmony. He stated the proposed project was too tall and out of scale
with the remainder of the City. He expressed grave concern with the lack
of open space and parking. He expressed hope that the City could work
with the Tribe to mitigate the issues.
Mayor Pro Tern Foat stated she shared the concerns of Councilmember
Roberts. She expressed concern regarding understaffing in the Fire
Department and Police Department. She stated 175 feet was too tall. She
questioned whether the City could negotiate with the Tribe. She
discussed the need for traffic mitigation. She stated there were too many
unanswered questions. Director Fagg stated the Council was asked to
review and comment on the Master Plan and the City would not be
47
City Council Minutes Page 14
March 1, 2017
granting entitlements. He stated the City would provide its concerns with
issues in the EIR. David Ready, City Manager, recommended an ad hoc
committee of staff to work with Tribal staff to discuss the City's concerns.
Mayor Pro Tern Foat stated it appeared premature to be brought before
the Council. City Manager Ready stated approval of the conformity report
and indicated there were unaddressed issues. Mayor Pro Tern Foat
suggested negotiating prior to approving the report. City Manager Ready
stated staff was seeking Council direction for negotiations with the Tribe.
Mayor Moon stated the Council was providing direction to the staff for
discussions with the Tribe prior to the final design. He suggested
negotiating with the Tribe for two shorter hotels under 100 feet, parking
plan including City needs, and public safety needs.
Councilmember Mills explained the block diagram for specific uses and
immediate negative reactions. He stated the Tribe was proposing a
minimum of 40% open space. He complimented staff on its analysis of
impacts to the City. He discussed the complimentary relationship between
the City and the Tribe. He discussed his hesitation in approving the City's
abandonment of streets in the area and the need to trust the Tribe. He
stated the "casino entrance" was always intended as the back door. He
expressed apprehension but looked forward to site plan review. He
suggested appointing an ad hoc committee to work through the City's
proposed conditions and work with the Tribe.
Councilmember Roberts disagreed that the City had done all it could. He
respected the Tribe but he could not have a leap of faith and approve the
Conformity Report. He stated he considered the proposal a specific plan
and could not support 175-foot height. He indicated support for creating
an ad hoc committee.
Councilmember Kors commended staff on the staff report. He discussed
the process for providing conditions and negotiations. City Manager
Ready explained the 1998 agreement and process. Councilmember Kors
asked for information on mitigation funds. City Manager Ready stated the
new compact would be triggered once the casino was expanded.
Tom Davis, Chief Planning and Development Officer for Agua Caliente
Band of Cahuilla Indians, explained the 2006 compact revision placing
funds in the State general fund rather than a special distribution fund. He
explained that safety services would be included in the Intergovernmental
Agreement. He stated the process had worked for the original casino and
parking structure.
Councilmember Mills stated the Council could approve the report voicing
its concerns.
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City Council Minutes Page 15
March 1, 2017
Mayor Moon explained that the Council was endorsing the
recommendations made by City staff in the report. He requested adding a
suggestion of two buildings rather than one. He stated the compact
allowed contribution to public safety.
City Manager Ready explained the next steps.
Mayor Pro Tern Foat stated she would support the motion in order to have
the opportunity to provide input.
Councilmember Kors requested information with respect to the compact
that was put in place.
Councilmember Mills stated support.
Mayor Moon stated support.
ACTION:
1) Adopt Resolution No. 24187, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A CONFORMITY REPORT FOR THE VISION AGUA
CALIENTE MASTER PLAN ON AN 18-ACRE CONSOLIDATED SITE
LOCATED AT THE NORTHEAST CORNER OF INDIAN CANYON DRIVE
AND TAHQUITZ CANYON WAY IN SECTION 14" and amending
Condition No. 3, limiting the height to 100 feet, changing it from one
building to two buildings with 350 hotel rooms.
2) Schedule a joint meeting with the Tribal Council pursuant to Section
5 of Agreement No. A1324 to discuss issues relative to the Vision Agua
Caliente Master Plan, or as an alternative, appoint Mayor Moon and
Councilmember Mills to the City Council ad hoc subcommittee, with a
sunset date of December 31, 2017, to work with City staff and Tribal staff
in resolving any issues related to the Master Plan.
Motion by Councilmember Mills, seconded by Mayor Moon, and
unanimously carried on a roll call vote.
3. LEGISLATIVE:
3.A. PROPOSED ACTIONS REGARDING AN INITIATIVE MEASURE
AMENDING THE PALM SPRINGS ZONING CODE, CANYON SOUTH
SPECIFIC PLAN AND GENERAL PLAN, TO DESIGNATE OSWIT
CONE AS AN AREA SUBJECT TO THE ENVIRONMENTALLY
SENSITIVE AREA REGULATIONS FILED FOR CONSIDERATION OR
CALLING A SPECIAL ELECTION AND OTHER MATTERS AS
REQUIRED BY LAW:
4
City Council Minutes Page 16
March 1, 2017
City Manager Ready stated he has a conflict of interest and exited Council
Chamber.
Kathleen Hart and Douglas Holland, Interim City Clerk and City Attorney
respectively, provided the background information as outlined in the staff
report.
Marcus Fuller, Assistant City Manager/City Engineer, provided
background on the effect of the initiative on existing projects and
properties.
Councilmember Roberts stated it was necessary to consider the potential
of a taking. He stated the initiative allowed the developer to come back
with a specific plan with higher housing density. City Attorney Holland
stated the measure helped ensure that thr developer exhausted all
remedies.
Councilmember Kors thanked staff for their hard work. He stated he and
Mayor Pro Tem Foat, the subcommittee, recommended the Council adopt
the initiative.
Mayor Pro Tem Foat stated the Council was considering whether to hold a
special election or not.
Councilmember Kors summarized the responses to the Subcommittee's
questions of the California Department of Fish and Game.
Mayor Pro Tem Foat discussed the complicated process and stated it
would be a long battle.
Mayor Moon indicated support and agreed that it was the first step in the
process. He stated there was plenty of existing disturbed land to develop.
Councilmember Mills stated his support and requested the record reflect
that he was voting for it because he wanted to save the City $80,000 for a
special election. He stated there were recitals in the initiative that he did
not agree with and he did not support "zoning by emotion". He discussed
the potential for litigation.
Mayor Pro Tem Foat reminded the community that the property was
owned by someone else and she suggested raising money to buy the
property.
Councilmember Kors stated the Subcommittee could assist the community
with potential purchase of the property.
0
City Council Minutes Page 17
March 1, 2017
ACTION: Receive and File the Certificate of Sufficiency as prepared and
executed by the City Clerk; and 2) Waive the reading of the text in its
entirety, read by title only, and Adopt Ordinance No. 1919, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE PALM SPRINGS ZONING CODE, CANYON SOUTH
SPECIFIC PLAN, AND GENERAL PLAN TO DESIGNATE OSWIT CONE
AS AN AREA SUBJECT TO THE ENVIRONMENTALLY SENSITIVE
AREA REGULATIONS."
Motion by Councilmember Roberts, seconded by Councilmember
Kors, and unanimously carried on a roll call vote.
City Manager Ready returned to the Council Chamber.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
5.A. APPROVAL OF TIME EXTENSIONS OF SUBDIVISION
IMPROVEMENT AGREEMENTS FOR VARIOUS PROJECTS:
Marcus Fuller, Assistant City Manager/City Engineer, provided
background information as outlined in the staff report.
ACTION: Adopt Resolution No. 24188, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING TIME EXTENSIONS OF VARIOUS SUBDIVISION
IMPROVEMENT AGREEMENTS.
Motion by Councilmember Roberts, seconded by Mayor Pro Tern
Foat, and unanimously carried on a roll call vote.
S.B. COUNCIL SUBCOMMITTEE REPORT REGARDING TEMPORARY,
PORTABLE SIGNS ON PUBLIC SIDEWALKS AND THE PUBLIC
RIGHT OF WAY; REQUEST FOR COUNCIL DIRECTION:
Douglas Holland, City Attorney, provided a staff report summary.
Councilmember Kors, Subcommittee Member, provided background on
the subcommittee and community discussions. He stated the goal was to
obtain Council direction for portable signs on public property. He stated, if
allowed, the laws needed to be enforced and needed to be consistent. He
discussed realtor signs, particularly open house signs. He stated the
focus was on content, Americans with Disabilities Act requirements (ADA)
and safety restrictions.
J1
City Council Minutes Page 18
March 1, 2017
Councilmember Mills requested Council input on A-signs. He discussed
the idea of a directory type sign where there was no other way to identify a
business.
Councilmember Kors added that they were looking at other options like
allowing more signs in place of A-frames. He explained the idea of sign
districts.
Councilmember Mills discussed his desire to promote more directory type
signs.
In response to Mayor Pro Tern Foat, Councilmember Mills discussed
issues with signage in the City's right of ways and the inability to control
content.
Councilmember Roberts thanked the Subcommittee for its work including
consideration of Federal law and the difficult situation. He stated he was
not receiving complaints and did not anticipate issues. He stated sign
districts was an interesting concept but would be difficult to administer and
enforce. He suggested no signs in streets or medians, and establishing
material quality and size standards. He suggested allowing options where
A-frames were not feasible. He stated well designed A-frames brought
back the village feel.
Mayor Pro Tern Foat endorsed Councilmember Roberts' comments. She
discussed enforcement of signs on Sunny Dunes impacting businesses.
She agreed with controlling the look of the signs and consistency
throughout the City.
Mayor Moon agreed with Councilmember Roberts.
The Council discussed businesses with low visibility and the possibility of
creating clutter.
Mayor Moon agreed that district signage would be difficult to enforce. He
indicated support for A-frame signs. He stated Main Street needed the
signs.
Councilmember Mills stated businesses used signage as an excuse for
business difficulties. He discussed businesses that paid less rent due to
less visibility. City Attorney Holland confirmed that the City could dictate
where signs were allowed.
Councilmember Kors stated business owner should be given one choice
of signage and permits and indemnity should be required. He stated it
52
City Council Minutes Page 19
March 1, 2017
was necessary to enforce the City's laws and educate the business
owners.
5.C. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. A6187 WITH PS
RESORTS, EXTENDING THE AGREEMENT FOR AN ADDITIONAL
THREE (3) YEARS.
David Ready, City Manager, requested the item be brought back to the
City Council in two weeks.
ACTION: 1) To table the item for two weeks.
Motion by Councilmember Kors, seconded by Councilmember
Roberts, and unanimously carried on a roll call vote.
5.D. PROPOSED RESOLUTION MODIFYING THE CITY COUNCIL RULES
OF PROCEDURE AND CONDUCT OF CITY COUNCIL MEETINGS:
Councilmember Kors provided an overview of the staff report.
Mayor Moon requested reintroduction of invocations. He stated he was
opposed to changing Section 5.4.2 and he did not want to prevent citizens
from addressing the Council.
Councilmember Kors explained that the entire Council should determine
whether to limit speakers.
Mayor Pro Tern Foat indicated support for Section 5.4.2.
Mayor Moon asked if the Council could tailor speakers at the time of the
item. City Attorney stated the Council could make the decision at the time
of the meeting. Mayor Moon suggested making the decision on a case by
case basis.
Councilmember Roberts stated the Council should have the ability to limit
speakers.
Councilmember Kors suggested moving Subcommittee reports earlier in
the meeting.
Councilmember Roberts requested Council input on invocations.
Councilmember Kors stated invocations must be open to anyone.
Councilmember Mills suggested an invocation on a monthly basis. Mayor
Pro Tern Foat expressed concern about alienating religious people, but
could support once per month randomly select inspirational speakers.
City Attorney Holland discussed potential challenges with limiting the
53
City Council Minutes Page 20
March 1, 2017
group. He stated it would be most appropriate to allow non-secular,
inspirational comments.
In response to Councilmember Mills, City Attorney Holland discussed
Section 4.7 regarding Conflicts of Interest and indicated he would return
with additional clarification. Councilmember Mills suggested striking
Section 5.1. He asked if it was legal to prohibit the public from chastising
staff. City Attorney Holland stated the restriction was appropriate in order
to maintain decorum in the Chambers. Councilmember Mills suggested
indicating motions and seconds should occur prior to discussion. In
response to Councilmember Mills, City Attorney Holland explained Section
7.4 regarding Councilmembers not voting on items was guidance.
ACTION: Adopt Resolution No. 24189, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
CITY COUNCIL RULES OF PROCEDURE AND SUPERSEDING
RESOLUTION NO. 24059" only amending the order of business.
5.E. MID-YEAR BUDGET REVIEW PRESENTATION FOR FY 2016-17:
ACTION: To table the item to March 15, 2017.
It was the consensus of the City Council to table this item to
March 15, 2017.
PUBLIC COMMENT: (Non-Agenda Items)
Daryl Terrel discussed events of February 16 and encouraged the Council to seize the
moment.
James Hayton commended staff and elected officials on their commitment to the City.
He took exception to Mayor Pro Tem Foat commenting that President Trump was a
Nazi.
COUNCILMEMBER COMMENTS, REQUESTS, REPORTS, AND UPCOMING
AGENDA DEVELOPMENT:
Councilmember Mills spoke about cell towers and their vicinities were not being well
maintained.
In response to Mayor Moon, Councilmember Kors stated vacation rentals would be
discussed with the Council on March 15, 2017. City Manager Ready explained that
there would be a special meeting of Planning Commission on March 15, 2017, at
1:30 p.m. and will be heard by Council that evening.
Mayor Moon requested a status update on the Cornelia White House. Councilmember
Roberts stated the contractor was doing the work pro-bono and the only cost to the Ciyt
54
City Council Minutes Page 21
March 1, 2017
would be materials. He stated the contractor was currently reviewing the engineering
and would be starting the project soon. City Manager Ready stated any costs over
$25,000 would have to be approved by the City Council.
Councilmember Roberts provided an update on the Plaza Theatre and indicated interest
from HSPB on assisting. He stated he and Councilmember Mills would be meeting to
discuss next steps.
In response to Councilmember Roberts, Assistant City Attorney Fuller stated he would
provide an update on the Indian Canyon 2-way conversion at the next meeting.
Councilmember Kors requested a meeting be scheduled of the ad hoc Subcommittee
on Affordable Housing. He requested consideration of a TNT permit for Uber/Lyft
drivers.
Mayor Pro Tern Foat requested a report from the Downtown Subcommittee on the plan
for the Town & Country. Councilmember Roberts stated the developer had no plans for
development and the property was not for sale. City Manager Ready provided
background on applicability of the vacant building ordinance on the Town & Country
property. Mayor Pro Tern Foat expressed concern about blighted properties and vacant
buildings. She discussed plastic signs on old hotels and the need for code
enforcement. She requested scheduling the Subcommittee on annexations, an update
on the County property, old fire station, and an agenda item regarding the closing of
Roy's.
Councilmember Kors requested a quarterly review of the subcommittees.
ADJOURNMENT: The City Council adjourned at 11:10 p.m. to the next regular meeting
Wednesday, March 15, 2017, at 6:00 p.m. Council Chamber, City Hall, preceded by
Closed Session at 4:30 p.m., Small Conference Room, City Hall, 3200 East Tahquitz
Canyon Way, Palm Springs.
Respectfully submitted,
�a�
CYNTHIA A. BERARDI, CIVIC
Interim Chief Deputy City Clerk
55
EXHIBIT A
CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF THE PALM SPRINGS
`o:a'
CLOSED SESSION AGENDA
Wednesday, March .15, 2017 — 3:30 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.
PUBLIC EMPLOYMENT APPOINTMENT G.C. 54957
Position: City Attorney
EXISTING LITIGATION G.C. 54956.9(a)
People for Proper Planning v. City of Palm Springs
Case No. PSC 1301691 , Riverside Superior Court, Palm Springs Division
EXPOSURE TO LITIGATION G.C. 54956.9(b)
3 Cases
INITIATION OF LITIGATION G.C. 54956.9(c)
3 Cases
CONFERENCE WITH REAL PROPERTY NEGOTIATOR G.C. 54956.8
Property Address/Description: APN 669-330-029
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: Desert Community College District
Under Negotiation: Price and Terms of Payment
Property Address/Description: APN 513-460-033 (Right-of-Way)
Agency: City of Palm Springs
City Negotiator: Marcus L. Fuller, Assistant City Manager or Designee
Negotiating Parties: 4348 Lockwood Avenue, LLC
Under Negotiation: Price and Terms of Payment (Easement)
5G
CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF THE PALM SPRINGS
(a
CLOSED SESSION AGENDA
Wednesday, March 1, 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)
Lockwood Ave LLC et at v. City of Palm Springs
Case No. RIC1703102, Riverside Superior Court, Riverside Division
EXPOSURE TO LITIGATION G.C. 54956.9(b)
3 Case(s).
INITIATION OF LITIGATION G.C. 54956.9(c)
3 Case(s).
CONFERENCE WITH REAL PROPERTY NEGOTIATOR G.C. 54956.8
Property Address/Description: APN 669-330-029
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: Desert Community College District
Under Negotiation: Price and Terms of Payment
Property Address/Description: APN 513-460-033 (Right-of-Way)
Agency: City of Palm Springs
City Negotiator: Marcus L. Fuller, Assistant City Manager or Designee
Negotiating Parties: 4348 Lockwood Avenue, LLC
Under Negotiation: Price and Terms of Payment (Easement)
N
CITY COUNCIL
AND AS SUCCESSOR AGENCY TO
THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
MINUTES
MONDAY, FEBRUARY 27, 2017
Palm Springs Convention Center, Oasis 3A
277 N. Avenida Caballeros, Palm Springs, CA 92262
CLOSED SESSION
5:00 p.m. CALL TO ORDER (Oasis 3A):
Mayor Moon called the meeting to order at 5:01 p.m.
All members of the City Council were present.
PUBLIC COMMENT (Oasis 3A): None.
RECESS TO CLOSED SESSION (Smoketree C):
See Closed Session Agenda, Exhibit A.
The Mayor and City Council recessed to Closed Session in Smoketree C at 5:02 p.m.
SPECIAL STUDY SESSION MEETING
6:00 p.m. CALL TO ORDER:
Mayor Moon called the meeting to order at 6:09 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Moon led the salute to the flag.
ROLL CALL:
PRESENT: Councilmember Kors, Councilmember Mills, Councilmember Roberts,
Mayor Pro Tern Foat, and Mayor Moon
ABSENT: None
ALSO PRESENT: City Manager Ready, City Attorney Holland, Special Counsel Gary
Schons, Assistant City Manager/City Engineer Fuller, Finance
Director Kiehl, Planning Director Fagg, and Interim City Clerk Hart
ACCEPTANCE OF THE AGENDA:
ACTION: Motion by Mayor Pro Tern Foat, seconded by Councilmember Roberts, and
unanimously (5-0-0) carried on a roll call vote, the agenda was approved as presented.
57
City Council Minutes Page 2
February 27, 2017
REPORT OF CLOSED SESSION:
Douglas Holland, City Attorney, reported as follows:
1. The Council provided instructions in regard to Julie K. Nelson v. City of Palm
Springs, State of California, Caltrans, et al, Case No. PSC1401755, Riverside
Superior Court, Palm Springs Division.
2. The City Council directed the City Attorney to file an amicus brief in the case of
Gavin Grim v. Gloucester County School Board by a vote of 4-1 , with
Councilmember Mills dissenting.
Councilmember Kors explained the amicus brief with respect to a case of a transgender
teenage boy in Virginia was denied the use of the boys restroom by the school board.
DISCUSSION OF MOVING FORWARD PALM SPRINGS DEVELOPMENT
PROJECTS, INCLUDING DOWNTOWN REVITALIZATION:
RECOMMENDATION:
1. Receive presentation
2. Public Comments
3. Councilmember Comments and Discussio.
4. Provide direction to staff as appropriate
Mayor Moon explained the purpose and format of the meeting.
City Manager Ready provided an overview of the Downtown Revitalization and purpose
of the City's partnership with the developer. He discussed the protections for the City
were included in the developer agreement. He explained the project timeline and
impact by litigation. He discussed efforts to ensure the public's trust and intention to
make documents and information accessible to the public.
City Attorney Holland stated staff was in the process of putting together a timeline,
although there was one case of pending litigation. He discussed the $25 million deed of
trust and release as projects were completed.
Emily Hemphill, attorney representing Palm Springs Promenade, indicated they were
prepared to move forward and complete the project with the City. She discussed the
retirement of Mr. Wessman and new management plan for the project. She stated the
lenders were behind the project as long as the City was still behind the project. She
stated their belief that the entitlements for the project were still in effect.
Michael Harrington expressed concern with the negative impression by the public of
moving forward with the Desert Plaza project. He questioned the release of funds to
Wessman entities.
Mayor Moon discussed the 14-page indictment and indicated the process must proceed
until a verdict was reached.
58
City Council Minutes Page 3
February 27, 2017
City Attorney Holland stated the District Attorney was reviewing eight (8) different
properties for potential issues and staff was working to identify possible options to be
presented to the Council.
Lisa Middleton stated the Council needed to act with patience and measured resolve.
She suggested weighing all legal implications before taking action. She encouraged the
City to engage and rely on outside counsel and advisors with specific area of expertise.
She stated the Downtown must not be left in a state of suspended animation pending
the conclusion of criminal trials and appeals. She suggested the timeline for completion
be provided to the public and 24-hour security for the Town and Country Center.
Michael Hyman, discussed his experience with visitors and their concern with the
Downtown development. He suggested consideration of potential alternatives to reduce
the scale and height of the buildings. He stated there would be no jobs when the
attraction of Palm Springs was diminished.
Councilmember Roberts discussed the Council's modifications to the Downtown
Specific Plan reducing the scale and height.
Allen Worthy questioned why City Attorney Holland was still at the table and he
discussed the lack of disclosure.
Bill Shean discussed the lack of trust for the project and Wessman Development. He
stated the scope of the project was disheartening and asked the possibility of utilizing a
different developer.
City Attorney Holland stated there had been indictments but no convictions. He
explained that staff was looking at alternatives to deal with all eight (8) properties that
were called into question by the District Attorney.
Stephanie Austin stated visitors questioned the huge buildings in the Downtown. She
urged the Council to stop the project, bring in a new developer and redesign the project.
She questioned how Wessman could be awarded for the mess he created.
Mayor Pro Tern Foat reminded the community that the property was owned by John
Wessman; therefore, the City could not obtain a different developer and it was moving
along with the plan for Downtown. She stated the buildings would not be torn down and
the City was determining its legal rights.
David Feldman, Co-Chair of the Transparency Committee, discussed the need to
distinguish between standing and ad hoc committees. He urged the Council to
establish the Downtown Subcommittee as a standing committee subject to the Brown
Act.
Lauri Kibby indicated support for the Council in its efforts to moderate those in favor and
opposed to the project. She urged the community to pull together to resolve concerns.
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City Council Minutes Page 4
February 27, 2017
Julie Montante commended the new Council's efforts for transparency and follow
through. She urged the people to come together.
Simon Sarkisian expressed appreciation for the Council's work and urged completion of
the Downtown.
Robert Brugeman stated the buildings would not be torn down and the stores would be
in operation while the trail was underway. He stated the point of the project was to bring
people to the center of the City and people were excited about the amenities and retail
products. He congratulated the Council for completing the Specific Plan.
Michael Braun stated retail destinations needed to create an experience. He discussed
transition plans and project schedules.
Jeffrey Bernstein stated his business depended on the Downtown being completed and
requested it be completed as soon as possible.
Kathy Weremink, Planning Commissioner, expressed embarrassment about the
accusations in the indictment. She stated it was necessary to move forward with the
approved projects. She discussed the modified Downtown Specific Plan.
Judy Deertrack discussed the Public Corruption Task Force and violations of
Government Code Section 1090. She discussed her appearances on the proposed
projects at which she expressed concern about the irregularities in the permits and
violations of the City's policies, procedures, and General Plan.
Mitch Blumberg recommended continuing the project.
Stephen Rose recalled Stephen Philip Pougnet's statements to take on John Wessman
to complete the Downtown Revitalization. He stated the City should not continue to
work with the Wessman Company. He stated the indictment had to run the course and
the City should call in professionals.
Robert Stone discussed his prior testimony alleging violations of Government Code
Section 1090. He expressed concern about the faith and credit of the City of Palm
Springs. He suggested the City hire a forensic auditor to determine whether Palm
Springs Promenade LLC had the funds to complete the project, to have no
communications with Michael Braun unless in writing, and to proceed slowly.
Doug Huth commended the current City Council for its actions on the project and
encouraged continuation of correcting missteps.
Aftab Dada representing the hospitality and hotel associations, indicated support of the
hotel and Blocks B and C. He offered to assist with completion of the project.
60
City Council Minutes Page 5
February 27, 2017
David Vogel Chairman of Measure J Commission, thanked the Council for the revisions.
He suggested focusing on the future of the economy and tourists to the City.
David Zippel on behalf of himself and Michael Johnston, encouraged the Council to find
out what prosecution of Government Code Section 1090 meant for the City. He
suggested consideration of taking back the public right of way on Palm Canyon, not
finishing Block B to continue the open space, try to recover the $5.3 million paid for the
parks, and utilizing an alternative developer to complete the Town and Country.
Jim Stuart urged the Council to keep moving forward.
Frank Tysen discussed the election of Mayor Moon. He questioned the need for the
development due to existing vacant buildings. He expressed appreciation for the
reduction of the project but stated additional reductions were necessary. He suggested
waiting to complete the project and placing an advisory vote on the ballot in June.
Brian Yaklich discussed the accusations against Mr. Wessman and Mr. Braun. He
suggested an impartial citizen panel to review the process.
Henry Hampton stated he was running for City Council. He discussed the need to plan
for contingencies with immediate and transparent action. He discussed a similar
situation in Florida. He urged the Council to assume the process as expeditiously as
possible.
Michael McWhirter requested the residents applaud the police officers. He offered to
pay back what Wessman owed the City or the $350 million to turn the situation around.
Barbara Marshall discussed her interaction with visitors and their inquiries about what
was going on in Downtown. She stated the City should not allow a project built on
corruption to continue.
Edward Connolly discussed his experience staying in local hotels and questioned what
was happening Downtown. He discussed the principle of form follows function and
questioned how the project was approved.
Tal Mirza requested the Council move forward with the development as soon as
possible.
Ed Dube expressed concern about the indictments and court actions and urged the
Council to continue with the project.
Joy Brown Meredith urged the community to work together. She stated she would like
to see the completion of the hotel and Blocks B and C. She suggested the Town and
Country Center refurbishment be moved up in the process.
61
City Council Minutes Page 6
February 27, 2017
Mayor Pro Tern Foat stated the Town and Country was not part of the Downtown
Specific Plan, the City had no input on the project, and it is a historical property.
Councilmember Roberts stated the Town and Country was preserved and protected as
historic property, and it is privately owned.
Mindy Reed thanked the Council and staff for listening to the citizens. She stated the
project needed to be completed due to the impacts to surrounding businesses. She
suggested Marilyn Monroe be moved back to Palm Canyon Drive.
Dan Hughett discussed former Mayor Pougnet's statements regarding eminent domain
which changed to gifting Mr. Wessman. He stated it was necessary to keep the village
of Palm Springs in mind. He discussed removal of the sign at Indian Avenue and
Desert Highland.
Jeff Nichols asked how the project would proceed rather than remain blighted. He
asked if the incumbents would be running for reelection and how the new Council would
create a prosperous Downtown.
Councilmember Roberts thanked the community for its comments and questions. He
stated he did not want another dead project in the middle of Downtown. He stated the
project might not be perfect but the goal was to get rid of the old Downtown mall. He
stated he asked himself what was best for Palm Springs now, in five years, and in 20-
years. He anticipated the project would be successful and needed to be completed. He
discussed the review process of the project and urged the City to look forward and finish
the project.
Councilmember Kors agreed that Palm Canyon needed to be completed. He stated the
City had brought in additional legal counsel. He stated the City was not giving up its
legal rights and remedies and was exploring all available options. He stated the City
would continue to communicate opening and quickly with the residents. He expressed
his appreciation for those providing input.
Mayor Pro Tern Foat concurred with Councilmember Roberts and Kors. She reiterated
that the City had retained a legal expert on Government Code Section 1090. She
discussed the difficult situation but stated the City was well protected. She reminded
the residents that the property was not owned by the City of Palm Springs. She
discussed project delays due to litigation. She expressed pride in the Council working
together for the best interests of the City.
Councilmember Mills discussed the Council's commitment to the Downtown. He
reminded the residents of the process to revitalize the Downtown. He discussed
pending litigation, the developer building at his own risk and the City's safeguards. He
stated the project would be the future of the City and he encouraged the community
work together.
City Council Minutes Page 7
February 27, 2017
Mayor Moon expressed appreciation for the community input. He stated the current
Council had reduced the Downtown project by 50%, saved the Town and Country
Center, listened to the Planning Commission, and denied projects. He discussed the
delicate balance between controlling growth and earning enough revenue. He thanked
the public for attending the meeting.
ACTION: No action was taken.
COUNCILMEMBER COMMENTS:
Mayor Moon thanked the Palm Springs Convention Center.
ADJOURNMENT:
The City Council adjourned at 8:07 p.m. to the next regular meeting Wednesday,
March 1, 2017, at 6:00 p.m. Council Chamber, City Hall, preceded by Closed Session,
Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.
Respectfully submitted,
V
KATHLEEN D. HART, MMC
Interim City Clerk
CERTIFICATION
STATEOFCALIFORNIA )
COUNTY OF RIVERSIDE
CITY OF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, California, hereby certify that the
February 27, 2017, MINUTES were approved by the City Council of the City of Palm Springs at a regular meeting
held on the May 3,2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSAL
KATHLEEN D. HART, MMC
Interim City Clerk
63
EXHIBIT A
CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF THE PALM SPRINGS
CITY OF PALM SPRINGS, CALIFORNIA
,,oM1
a.M`e
CLOSED SESSION AGENDA
Wednesday, February 27, 2017 — 5:00 p.m.
Palm Springs Convention Center
Smoketree C
277 N Avenida Caballeros
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.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR G.C. 54956.8
Property Address/Description: APN 513-460-033 (Right-of-Way)
Agency: City of Palm Springs
City Negotiator: Marcus L. Fuller, Assistant City Manager or Designee
Negotiating Parties: 4348 Lockwood Avenue, LLC
Under Negotiation: Price and Terms of Payment (Easement)
EXPOSURE TO LITIGATION G.C. 54956.9(b)
3 Case(s)
INITIATION OF LITIGATION G.C. 54956.9(c)
3 Case(s)
64
CALL AND NOTICE OF SPECIAL MEETING
MINUTES
CITY COUNCIL
CITY OF PALM SPRINGS
9:00 a.m., January 19, 2017
CALL TO ORDER (Smoketree D):
Mayor Moon called the meeting to order at 9:02 a.m.
PRESENT: Councilmember Kors, Mills, Roberts, Mayor Pro Tern Foat, and
Mayor Moon
ABSENT: None
ALSO PRESENT: City Manager Ready, and Interim City Clerk Hart
PUBLIC COMMENT (Smoketree D):
No one came forth to address the Mayor and City Council.
RECESS TO CLOSED SESSION (Agua Callente Boardroom, A/B)
PUBLIC EMPLOYMENT APPOINTMENT G.C. 54957
Position: City Attorney
At 9:03 a.m. the Mayor and City Council recessed to Closed Session.'
At 2:18 p.m. the Mayor and City Council returned to open session.
REPORT OF CLOSED SESSION (Smoketree D):
ACTION: David Ready, City Manager, report no reportable action was taken.
ADJOURNMENT (Smoketree D):
ACTION: At 2:20 p.m. the City Council adjourned to a Study Session Meeting,
Wednesday, January 25, 2017, at 6:00 p.m. Council Chamber, preceded by Closed
Session, Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm
Springs.
Respectfully submitted,
044. -
Kathleen D. Hart, MMC
Interim City Clerk
65
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 January 19, 2017, MINUTES were approved by the City Council
of the City of Palm Springs at a regular meeting held on May 3, 2017, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSAL:
KATHLEEN D. HART, MMC
Interim City Clerk
66
CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY
AND AS THE PALM SPRINGS FINANCING AUTHORITY
CITY OF PALM SPRINGS, CALIFORNIA
MINUTES
WEDNESDAY, JANUARY 4, 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.
The Mayor and all Councilmembers were present.
PUBLIC COMMENT (Council Chamber): None.
RECESS TO CLOSED SESSION (Small Conference Room):
See Closed Session Agenda, Exhibit A.
At 4:34 p.m. the Mayor and City Council recessed to the Small Conference Room.
6:00 P.M. REGULAR CITY COUNCIL MEETING
CALL TO ORDER:
Mayor Moon called the meeting to order at 6:05 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Moon led the salute to the flag.
ROLL CALL:
PRESENT: Councilmembers Kors, Mills, Roberts, Mayor Pro Tern Foat, and
Mayor Moon
ABSENT: None
ALSO PRESENT: City Manager Ready, City Attorney Holland, Interim City Clerk Hart
PRESENTATIONS: None.
CITY MANAGER'S REPORT:
David Ready, City Manager, reported on the following:
1. On January 24, 2017, Riverside County will be conducting a Homeless Point-In-
Time Count and are seeking volunteers. Training will be provided to volunteers
and those wishing to volunteer may obtain additional information on the County
of Riverside website. Councilmember Kors and Mayor Pro Tern Foat added
additional information.
67
City Council Minutes Page 2
January 4, 2017
2. Provided an update with respect to the Andaz Project, and at the next City
Council meeting an item will be on the agenda for the appointment of an ad hoc
subcommittee for this project.
3. Reported the annual audit has been completed, timely filed, and available on the
City's website, and the audit will be presented to the City Council in February.
4. Reported the solar project at the Wastewater Treatment Plant has been
completed, and asked Marcus Fuller, Assistant City Manager/City Engineer, to
provide the report.
REPORT OF CLOSED SESSION:
Douglas Holland, City Attorney, reported the the following:
1. City Council denied (4-1-0, Mills NO) with respect to the following case:
Wessman Holdings, LLC V. City of Palm Springs
Case No. PSC1606436, Riverside Superior Court, Palm Springs Division
2. Provided direction.
3. No other reportable action.
ACCEPTANCE OF THE AGENDA:
David Ready, City Manager, requested 1 M be withdrawn from the agenda.
Mayor Pro Tern Foat request removal of 1 N from the Consent Calendar.
ACTION: Approve the Agenda with modifications as follows: 1) withdrawal of Item 1M
from the agenda, and 2) Removal of 1 N from the Consent Calendar.
Motion by Councilmember Roberts, seconded by Councilmember Kors, and
unanimously carried on a roll call vote.
PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY)
Joy Meredith, spoke in support of the signs.
1. CONSENT CALENDAR:
ACTION: Approved 1.A., 1 B., 1 C., 1 D., 1 E., 1 F., 1 G., 1 H., 1 I., 1 J., 1 K., and 1 L.
Motion by Mayor Pro Tem Foat, seconded by Councilmember Roberts, and
unanimously carried on a roll call vote.
I.A. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of December 7, 2016,
November 30, 2016, November 16, 2016, and October 26, 2016.
Approved as part of the Consent Calendar.
1.13. TREASURER'S INVESTMENT REPORT AS OF NOVEMBER 30, 2016:
ACTION: Receive and File the Treasurer's Investment Report as of
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City Council Minutes Page 3
January 4, 2017
November 30, 2016. Approved as part of the Consent Calendar.
1.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION:
1) Adopt Resolution No. 24148, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY
WARRANTS NUMBERED 1088834 THROUGH 1088991 IN THE
AGGREGATE AMOUNT OF $3,987,635.73, DRAWN ON BANK OF
AMERICA."
2) Adopt Resolution No. 24149, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY
WARRANTS NUMBERED 1088992 THROUGH 1088994 IN THE
AGGREGATE AMOUNT OF $8,355.94, DRAWN ON BANK OF
AMERICA."
Approved as part of the Consent Calendar.
1.D. RECEIVE GIFT FOR LIBRARY TRUST FUND FROM THE ALEXANDER
JABLOW AND GRACE JABLOW INTER VIVOS REVOCABLE TRUST:
ACTION: Adopt Resolution No. 24150, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ACCEPTING A GIFT FROM THE ALEXANDER JABLOW AND GRACE
JABLOW INTER VIVOS REVOCABLE TRUST FOR THE LIBRARY
TRUST FUND." Approved as part of the Consent Calendar.
1.E. AIR SERVICE MARKETING INCENTIVE FUNDING AWARD TO AIR
CANADA:
ACTION:
1) Approve Air Service Incentive funding for Air Canada Rouge in an
amount not to exceed $50,000. A6916.
2) Authorize the City Manager to execute all necessary documents.
Approved as part of the Consent Calendar.
1.F. SECOND READING AND ADOPTION OF ORDINANCE NO. 1911
EXPANDING THE PARKS AND RECREATION COMMISSION FROM
NINE TO ELEVEN MEMBERS AND AMENDING THE QUORUM
REQUIREMENT FOR THE SUSTAINABILITY COMMISSION:
ACTION: Waive the second reading of the ordinance text in its entirety
and adopt Ordinance No. 1911, "AN ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING SECTION 2.18.010, AND
SECTION 2.28.020(b) OF THE PALM SPRINGS MUNICIPAL CODE
RELATING TO BOARDS AND COMMISSIONS." Approved as part of
the Consent Calendar.
I.G. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF
COACHELLA TO THE PALM SPRINGS INTERNATIONAL AIRPORT
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City Council Minutes Page 4
January 4, 2017
COMMISSION FOR THE TERM ENDING DECEMBER 31, 2017:
ACTION: Appoint Bill Pattison, as the City of Coachella representative, to
the Palm Springs International Airport Commission for the term ending
December 31, 2017. Approved as part of the Consent Calendar.
I.H. APPOINTMENT TO THE BOARD OF LIBRARY TRUSTEES FOR THE
TERM ENDING JUNE 30, 2019:
ACTION: Appoint George McBride to the Board of Library Trustees for the
term ending June 30, 2019. Approved as part of the Consent Calendar.
I.I. ACCEPT THE RESIGNATION OF NANCY FERGUSON FROM THE
SUSTAINABILITY COMMISSION:
ACTION:
1) Accept with regret the resignation of Nancy Ferguson from the
Sustainability Commission.
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.J. MILLS ACT HISTORIC SITE AGREEMENT WITH CHRISTOPHER
SMITH AND THE SANDCLIFF HOMEOWNERS ASSOCIATION FOR
THE PROPERTY LOCATED AT 1817 SANDCLIFF ROAD, A CLASS 1
HISTORIC SITE (RSPB 93/HD-5):
ACTION:
1) Approve a Mills Act Historic Property Agreement with Christopher
Smith and the Sandcliff Homeowners Association for property located
at 1817 Sandcliff Road, a Class 1 Historic Site (HSPB 93/HD-5).
2) Authorize the City Manager to execute the Agreement.
3) Direct the City Clerk to record the Agreement. A6917.
Approved as part of the Consent Calendar.
I.K. ACCEPTANCE OF THE SUPPLEMENTAL LAW ENFORCEMENT
SERVICES ACCOUNT (SLESA) GRANT FROM THE STATE OF
CALIFORNIA, APPROVING AN EXPENDITURE PLAN AND
APPROPRIATION:
ACTION:
1) Accept the State of California Supplemental Enforcement Services
Account Grant (SLESA) and Expenditure Plan. A5765.
2) Direct the Director of Finance/City Treasurer to fund the appropriation.
3) Authorize the City Manager to execute all necessary documents.
Approved as part of the Consent Calendar.
1.L. ACCEPT THE COMMUNITY FACILITIES DISTRICT ANNUAL
ACCOUNTABILITY REPORT:
ACTION:
1) Accept the Community Facilities District No. 2005-1 (Public Safety
70
City Council Minutes Page 5
January 4, 2017
Services) and Community Facilities District No. 2007-1 (Tribal Land)
Special Tax and Bond Accountability Reports for Fiscal Year 2015-16.
2) Authorize the City Manager to execute all necessary documents.
Approved as part of the Consent Calendar.
1.M. APPROVE A SPONSORSHIP FUNDING AGREEMENT IN THE
AMOUNT OF $25,000 WITH DESERT BIENNIAL FOR THE 2017
"DESERT X - EXHIBITION OF ART:"
ACTION:
This item was removed from the agenda.
No action was taken.
EXCLUDED CONSENT CALENDAR:
I.N. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL
BAKER INTERNATIONAL, INC., FOR THE HIGHWAY SAFETY
IMPROVEMENT PROGRAM (HSIP) CYCLE 7 TRAFFIC SIGNAL
MODIFICATIONS, CP 15-32, FEDERAL-AID PROJECT NO. HSIPL-5282
(046):
Mayor Pro Tern Foat requested additional information with respect to the
funding and inquired about the possibility of adding a lit crosswalk at the
intersection of Vista Chino and Via Miraleste.
Marcus Fuller reported CalTrans has completed an analysis and has
authorized a traffic signal at Vista Chino and Via Miraleste, adding 50
percent will be funded by CalTrans and 50% will be funded by the City.
ACTION:
1. Approve an agreement with Michael Baker International, Inc., in the
amount of $373,683 for environmental and engineering design
services for the Highway Safety Improvement Program (HSIP) Cycle 7
Traffic Signal Modifications, CP 15-32, Federal-Aid Project No. HSIPL-
5282 (046). A6940.
2. Authorize the City Manager to execute all necessary documents.
Motion by Mayor Pro Tern Foat, seconded by Councilmember Mills,
and unanimously carried on a roll call vote.
2. PUBLIC HEARINGS:
2.A. CLASS 1 HISTORIC DESIGNATION OF "THE TRAM WAY SHELL GAS
STATION" LOCATED AT 2796 NORTH PALM CANYON DRIVE AND
CEQA DETERMINATION (HSPB 99):
Flinn Fagg, Director of Planning Services, provided background
information as outline in the staff report dated January 4, 2017.
71
City Council Minutes Page 6
January 4, 2017
Councilmember Kors requested additional information with respect to the
recent Historical Resources Survey.
Mayor Moon opened the public hearing.
Barbara Marshall, a member of the Palm Springs Preservation
Foundation, spoke in support of 2A.
Jade Nelson, a member of the Palm Springs Modernism Committee,
spoke in support of 2A.
Sobhy Yousef, Palm Springs, owner of the gas station, provided the
following:
1. Does not oppose the designation as a Class 1 Historic Site.
2. Would like the ability to modernize his property.
3. Would like the ability to make the gas station look modern.
4. Need to be able to build up his business and be competitive.
No others came forth to address the Mayor and City Council; therefore,
Mayor Moon closed the public hearing.
Mayor Pro Tern Foat asked Mr. Yousef if plans have been submitted and if
he has spoken to Mr. Fagg, Director of Planning Services, to inquire if his
plan is compatible under the Historical Preservation designation.
Mayor Pro Tern Foat stated she is not comfortable moving forward if Mr.
Yousef is not fully vetted in this application.
Mr. Fagg stated Ken Lyon, Planning staff, has discussed with Mr. Yousef
what is permissible and not permissible with a Class 1 Historic Site
designation, and provided additional information with respect to the
applicant's application to expand the convenience store in 2015. Planning
staff will be happy to work with him to achieve his goal to expand his
convenience store.
Mayor Pro Tern Foat asked if Mr. Yousef will be able to achieve his goal
under the Historic Site designation based on the discussion with Mr. Lyon
and his plans brought forward.
Councilmember Mills requested clarification with respect to the June 1996,
Planning Commission action regarding the facia, as noted on Page 2 of
the staff report.
Mario Berardi, on behalf of Mr. Yousef, provided the information requested
by Councilmember Mills.
!2
City Council Minutes Page 7
January 4, 2017
ACTION:
1) Open the public hearing and receive public testimony.
2) Adopt Resolution No. 24151, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DESIGNATING THE PROPERTY LOCATED AT 2796 NORTH PALM
CANYON DRIVE, "THE TRAM WAY SHELL GAS STATION," A
CLASS 1 HISTORIC SITE, AND DETERMINE THE PROJECT AS
EXEMPT FROM CEQA (HSPB 99) (ZONE C-1 / RGA-6 / RESORT
COMBINING ZONE) (APN 504-091-001)."
Motion by Councilmember Roberts, seconded by Councilmember
Mills, and unanimously carried on a roll call vote.
2.13. APPEAL BY SUMMIT LAND PARTNERS, LLC OF THE PLANNING
COMMISSION ACTION TO DENY A PLANNED DEVELOPMENT
DISTRICT APPLICATION, VESTING TENTATIVE TRACT MAP
APPLICATION, AND A MAJOR ARCHITECTURAL APPLICATION FOR
THE DEVELOPMENT OF A 90-LOT SINGLE-FAMILY SUBDIVISION ON
A 13.28 ACRE PARCEL AT THE SOUTHWEST CORNER OF EAST
PALM CANYON DRIVE AND MATTHEW DRIVE:
Flinn Fagg, Director of Planning Services, provided background
information as outlined in the staff report dated January 4, 2017.
ACTION:
1) Take no public testimony at this time.
2) Continue the Public Hearing to February 1, 2017.
3) Direct the City Clerk to post a Notice of Continued Public Hearing
pursuant to law.
Motion by Councilmember Mills, seconded by Councilmember
Roberts, and unanimously carried on a roll call vote.
3. LEGISLATIVE:
3.A. EXTENSION OF INTERIM URGENCY ORDINANCE NO. 1893
IMPOSING INTERIM REGULATIONS FOR THE INSTALLATION AND
MAINTENANCE OF TEMPORARY SIGNS IN THE CITY OF PALM
SPRINGS TO MAY 5, 2017: (4/5ths Vote Required)
Douglas Holland, City Attorney, provided background information as
outlined in the staff report.
Councilmember Kors provided a summary of the timeline and next steps
in the process.
Mayor Pro Tern Foat inquired if the Sunny Dunes area was included and
the possibility of including it.
73
City Council Minutes Page 8
January 4, 2017
Councilmember Roberts stated he concurred with Mayor Pro Tern Foat's
comments.
Councilmember Mills summarized some of the challenges in crafting this
ordinance.
Councilmember Kors provided additional information with respect to the
challenges the subcommittee is facing and the need to comply with a
recent Supreme Court decision; therefore, they are reaching out to the
stakeholders for review and input.
ACTION: Waive the reading of the text in its entirety, read by title only,
and adopt Urgency Ordinance No. 1912, "AN INTERIM URGENCY
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
EXTENDING INTERIM URGENCY ORDINANCE NO. 1893 OF THE CITY
OF PALM SPRINGS, CALIFORNIA, IMPOSING INTERIM
REGULATIONS FOR THE INSTALLATION AND MAINTENANCE OF
TEMPORARY SIGNS IN THE CITY OF PALM SPRINGS SUBJECT TO
CERTAIN EXCEPTIONS, AMENDING SECTION 93.20.09.B.5 OF, AND
SUSPENDING ENFORCEMENT OF SECTIONS 93.20.07, 93.20.08, AND
93.20.10.C.4 OF, THE PALM SPRINGS MUNICIPAL CODE, TO MAY 5,
2017. (4/5ths Vote Required).
Motion by Councilmember Mills, seconded by Councilmember Kors,
and unanimously carried on a roll call vote.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
S.A. APPROVE PARTIAL RELEASE OF THE PERFORMANCE DEED OF
TRUST FOR BLOCK B-1 IN LIEU OF BLOCK A-1 OF THE
DOWNTOWN PALM SPRINGS PROJECT:
Douglas Holland, City Attorney, provided the background information as
outlined in the staff report.
ACTION:
1) Rescind the City Council's action on December 14, 2016, authorizing
the City Manager to execute a Substitution of Trustee and Deed of
Partial Reconveyance by and between the City of Palm Springs
(Beneficiary) and Palm Springs Promenade, LLC, (Trustor) for
Block A-1.
2) Authorize the City Manager to execute a Substitution of Trustee and
Deed of Partial Reconveyance by and between the City of Palm
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City Council Minutes Page 9
January 4, 2017
Springs (Beneficiary) and Palm Springs Promenade, LLC, (Trustor) for
Block B-1. A6144.
Motion by Councilmember Mills, seconded by Councilmember
Roberts, and unanimously carried on a roll call vote.
S.B. APPOINT TWO MEMBERS OF THE CITY COUNCIL TO AN AD HOC
SUBCOMMITTEE TO REVIEW APPLICATIONS FOR THE
ADMINISTRATIVE POSITION FOR THE CITY COUNCIL:
David Ready, City Manager, reported approximately 70 applications were
received during the recruitment for the Executive Administrative position to
the Mayor and City Council. Due to the fact this position will primarily be
providing assistance to the City Council, staff is requested the formation of
an ad hoc subcommittee to participate in the reviewing process.
ACTION: Appoint Mayor Moon and Councilmember Roberts to the City
Council Administrative Position ad hoc subcommittee to review
applications for the administrative position for the City Council with a
sunset date of March 31, 2017.
Motion by Mayor Moon, seconded by Councilmember Mills, and
unanimously carried on a roll call vote.
PUBLIC COMMENT: (Non-Agenda Items)
Ron Marshall, a member of the Palm Springs Preservation Foundation, spoke of
designating "historically tribal properties" as Class 1 Historic Sites.
Henry Hampton, Palm Springs, spoke relating to pedestrian safety.
Richard Noble, spoke of the humanity act, and his desire for all hotel employees to
receive mandatory training for the administration of Narcan nasal spray.
UPCOMING AGENDA DEVELOPMENT:
David Ready, City Manager, provided a report on upcoming meeting items.
Councilmember Roberts stated his desire to agendize the possibility of the City of Palm
Springs becoming a sanctuary City.
Councilmember Kors requested Chief Reyes report on pedestrian safety issues,
reported $3 million was allocated from Measure J funds for traffic and pedestrian safety
hot spots, a committee was formed to assist with the prioritization, and their work is
ongoing.
Mayor Pro Tern Foat requested a public meeting with respect to the CV Link Project,
and requested CVAG to provide a presentation to the City Council's Coachella Valley
75
City Council Minutes Page 10
January 4, 2017
CV Link ad hoc subcommittee's public meeting (subcommittee members
Councilmember Mills and Mayor Pro Tern Foat).
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: None.
ADJOURNMENT:
The City Council adjourned to a Study Session on Wednesday, January 11, 2017, at
6:00 p.m. Council Chamber, City Hall, preceded by Closed Session, Small Conference
Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.
NOTE ONLY:
The January 11, 2017, Study Session was cancelled, and was rescheduled to January 25, 2017.
Respectfully submitted,
KATHLEEN D. HART, MMC
Interim City Clerk
CERTIFICATION
STATEOFCALIFORNIA )
COUNTYOF RIVERSIDE ) S.S.
CITYOF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, California, hereby certify that the
January 4, 2017, MINUTES were approved by the City Council of the City of Palm Springs at a regular meeting held
on the May 3, 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSAL:
KATHLEEN D. HART, MMC
Interim City Clerk
! 6
EXHIBIT A
CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
AND AS SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY
a
CLOSED SESSION AGENDA
Wednesday, January 4, 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(d)(1)
1. Intervention911 v. City of Palm Springs
Case No. ED CV 13-01117, United States District Court, Central District
2. Wessman Holdings, LLC v. City of Palm Springs
Case No. PSC1606436, Riverside Superior Court, Palm Springs Division
3. Lee H. Brandenburg and Diane M. Brandenburg, Individually and as Trustees of
the Brandenburg Revocable Trust v. City of Palm Springs et al.
Case No. PSC1606147, Riverside Superior Court, Palm Springs Division
4. Julie K. Nelson v. City of Palm Springs, State of California, Caltrans, et al
Case No. PSC1401755, Riverside Superior Court, Palm Springs Division
EXPOSURE TO LITIGATION G.C. 54956.9(d)(2)
Four Case(s)
INITIATION OF LITIGATION G.C. 54956.9(d)(4)
Three Case(s)
CC
CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY
CITY OF PALM SPRINGS, CALIFORNIA
MINUTES
WEDNESDAY, March 15, 2017
City Hall, Council Chamber
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
CLOSED SESSION
4:00 p.m. CALL TO ORDER (Council Chamber):
Mayor Moon called the meeting to order at 4:02 p.m.
All present.
PUBLIC COMMENT (Council Chamber): None.
RECESS TO CLOSED SESSION (Small Conference Room):
See Closed Session Agenda, Exhibit A.
At 4:03 p.m. the Mayor and City Council recessed to Closed Session in the Small
Conference Room.
At 5:38 p.m., David Ready, City Manager, stated he had a conflict of interest, he would
not participate with respect to the property negotiations at APN 513-460-033 (Right-of-
Way) with 4348 Lockwood Avenue, LLC, and exited the Small Conference Room.
REGULAR CITY COUNCIL MEETING
6:00 p.m. CALL TO ORDER:
Mayor Moon called the meeting to order at 6:03 p.m.
ROLL CALL: (Council Chamber):
PRESENT: Councilmember Kors, Councilmember Mills, Councilmember Roberts,
Mayor Pro Tern Foat, and Mayor Moon
ABSENT: None
ALSO PRESENT:City Manager Ready, City Attorney Holland, Assistant City
Manager/City Engineer Fuller, Director of Finance and Treasurer
Kiehl, Director of Planning Services Fagg, Community Development
Administrator Cook, Director of Information Technology Brown, and
Interim Chief Deputy City Clerk Berardi
PLEDGE OF ALLEGIANCE:
Mayor Moon led the flag salute.
PRESENTATIONS: None.
City Council Minutes Page 2
March 15, 2017
ACCEPTANCE OF THE AGENDA:
Mayor Pro Tern Foat requested removing 1 D and 1 G from the Consent Calendar for a
separate vote and indicated recusal on 2A.
Councilmember Mills indicated an abstention on 16, Warrant No. 1090308.
Councilmember Kors requested removing 1J and 1N from the Consent Calendar for a
separate vote.
ACTION: Motion by Councilmember Mills, seconded by Councilmember Kors, and
unanimously (5-0-0) carried on a roll call vote, the agenda was approved as presented
with the following modifications:
1. Removing 1 D, 1 G, and 1 J and 1 N from the Consent Calendar.
2. Noting the recusal of Mayor Pro Tern Foat on Item 2A due to her employment at
the Mizell Senior Center, and the recusal of Councilmember Mills on Item 1B
Warrant No. 1090308 due to serving on the Board of Directors of the Boys and
Girls Club
REPORT OF CLOSED SESSION:
Douglas Holland, City Attorney, stated the City Council recessed into Closed Session to
discuss items on the Closed Session Agenda and no reportable actions were taken.
PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY)
Jim Stuart spoke in support of 1 D due to the need for sewers for development.
Rick Pantele spoke in support of 1D.
Mery Kirschner spoke in support of 1D based on revenue and job generation.
John Soulliere, on behalf of Mission Springs Water District, provided history regarding
water service to the area, community surveys, and recent meetings with City staff
related to Item 1 D.
Robert Findley spoke in support of 1 F, and thanked the City Council, staff, and ONE-PS
for their involvement.
Mackinley Cross read a statement from Chad Austin in opposition to 1 G.
Natalie Austin spoke in opposition of 1 G due to removal from her home.
Marla Malaspina spoke in opposition to 1G.
Scott Harlow read a statement from Matthew Mitchell in opposition to 1G.
City Council Minutes Page 3
March 15, 2017
Aftab Dada, representing PS Resorts, spoke in support of 4A.
Paul Onufer, Arroyo Vista Partners, spoke in support of 5E.
John Pavelak, Watermark Homes, spoke in support of Item 5E.
CITY COUNCIL AND CITY MANAGER'S COMMENTS AND REPORTS:
Mayor Moon requested the City Manager provide an update on the Vacant Building
Ordinance at a future meeting.
Councilmember Roberts concurred with Mayor Moon on the need for an update on the
Vacant Building Ordinance and briefly discussed the recent strategic planning meeting,
indicating the results would be available on the City's website.
David Ready, City Manager, outlined the upcoming budget update, Budget Finance
Committee requests, and the placing the Downtown project expenditures on the City's
website by next week.
Mayor Pro Tern Foat announced the need for spaying/neutering of stray kittens,
provided an update on available pet adoptions at the animal shelter, and announced
dates for upcoming spay/neuter clinics.
CITY COUNCIL SUBCOMMITTEE REPORTS:
Councilmember Roberts requested a subcommittee meeting regarding Walk of Star
dedications including the approval criteria.
Mayor Pro Tem Foat commented that most Walk of Stars names were unrecognizable
which she felt cheapened the value of the program.
Councilmember Kors reported on the March 14, 2017, City Council Homelessness
Standing Subcommittee meeting.
Mayor Pro Tern Foat discussed the task force's request for consideration of the
$103,000 previously given to Roy's Desert Resource Center. She expressed concern
regarding shelters in Indio being at capacity and questioned what would happen when
Roy's closed. She discussed the status of the CORE program.
Councilmember Kors requested discussion regarding the Ethics, Transparency and
Government Reform Task Force recommendations, and to receive Council direction.
1. CONSENT CALENDAR:
ACTION: Approve Items 1A, 1 B, 1 C, 1 E, 11F, 1 H, 11, 1 K, IL and 11M, noting the
recusal of Councilmember Mills on Items 1 B, warrant number 1090308.
City Council Minutes Page 4
March 15, 2017
Motion by Councilmember Roberts, seconded by Councilmember Mills, and
unanimously carried on a roll call vote, noting the recusal of
Councilmember Mills on Warrant No. 1090308.
1.A. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR
THE MONTH OF FEBRUARY 2017:
ACTION: Receive and file the report of Staff Authorized Agreements and
Purchase Orders for the period of February 1 through February 28, 2017.
Approved as part of the Consent Calendar.
I.B. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION:
1. Adopt Resolution No. 24189-1, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE
PERIOD ENDED 01-28-2017 BY WARRANTS NUMBERED 419813
THROUGH 419827 TOTALING $26,826.98, LIABILITY CHECKS
NUMBERED 1090177 THROUGH 1090197 TOTALING $83,217.02,
FIVE WIRE TRANSFERS FOR $57,699.67 AND THREE
ELECTRONIC ACH DEBITS OF $1,331,287.93 IN THE AGGREGATE
AMOUNT OF $1,499,031.60, DRAWN ON BANK OF AMERICA."
2. Adopt Resolution No. 24190, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY
WARRANTS NUMBERED 1090198 THROUGH 1090295 IN THE
AGGREGATE AMOUNT OF $841,059.31, DRAWN ON BANK OF
AMERICA."
3. Adopt Resolution No. 24191, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY
WARRANTS NUMBERED 1090296 THROUGH 1090437 IN THE
AGGREGATE AMOUNT OF $2,077,316.08, DRAWN ON BANK OF
AMERICA."
4. Adopt Resolution No. 24192, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE
PERIOD ENDED 02-11-2017 BY WARRANTS NUMBERED 419828
THROUGH 419840 TOTALING $19,746.01, LIABILITY CHECKS
NUMBERED 1090438 THROUGH 1090459 TOTALING $83,414.26,
FIVE WIRE TRANSFERS FOR $57,824.67, AND THREE
ELECTRONIC ACH DEBITS OF $1,304,689.54 IN THE AGGREGATE
AMOUNT OF $1,465,674.48, DRAWN ON BANK OF AMERICA."
Approved as part of the Consent Calendar, noting the recusal of
Councilmember Mills on Warrant No. 1090308.
1.C. TREASURER'S INVESTMENT REPORT AS OF JANUARY 31, 2017:
City Council Minutes Page 5
March 15, 2017
ACTION: Receive and File the Treasurer's Investment Report as of
January 31, 2017.
Approved as part of the Consent Calendar.
1.E. MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT
FOR CLASS 1 HISTORIC SITE LOCATED AT 360 CABRILLO ROAD
UNIT 125-126 (RACQUET CLUB COTTAGES WEST HD-3):
ACTION:
1. Approve a Mills Act Historic Property Preservation Agreement with
Helen du Toit and the Racquet Club Garden Villas Homeowners
Association, for 360 Cabrillo Road Unit 125-126 (HSPB 88 / HD-3).
A6954.
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,
I.F. ACCEPTANCE OF MESQUITE AVENUE STREET IMPROVEMENTS,
CP 12-01:
ACTION:
1. Accept the public works improvements identified as the Mesquite
Avenue Street Improvements as completed in accordance with the
plans and specifications, CP 12-01.
2. Authorize the City Engineer to execute and file for recordation with the
Riverside County Recorder a Notice of Completion for the Mesquite
Avenue Street Improvements, CP 12-01. A6888.
Approved as part of the Consent Calendar.
1.1-1. APPROVE ISSUANCE OF AN ENCROACHMENT LICENSE FOR
INSTALLATION AND MAINTENANCE OF A GREASE INTERCEPTOR
LOCATED AT 1551 N. PALM CANYON DR., ENGINEERING FILE NO.
EL 16-03:
ACTION:
1. Approve issuance of an Encroachment License to Palm Grove Group,
LLC for the installation and maintenance of a grease interceptor and
sample box to serve the Arrive Hotel located within City right-of-way at
1551 N. Palm Canyon Drive. A6955.
2. Authorize the City Manager to execute all necessary documents.
Approved as part of the Consent Calendar.
1.1. APPROVAL OF THE INCLUSION OF PROPERTIES WITHIN THE CITY
OF PALM SPRINGS IN THE CALIFORNIA MUNICIPAL FINANCE
AUTHORITY (CMFA) OPEN PROPERTY ASSESSED CLEAN ENERGY
(PACE) PROGRAM:
ACTION: Adopt Resolution No. 24194, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE
City Council Minutes Page 6
March 15, 2017
TERRITORY OF THE CITY OF PALM SPRINGS IN THE CALIFORNIA
MUNICIPAL FINANCE AUTHORITY OPEN PACE PROGRAMS;
AUTHORIZING THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY
TO ACCEPT APPLICATIONS FROM PROPERTY OWNERS, CONDUCT
CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY
CONTRACTUAL ASSESSMENTS WITHIN THE TERRITORY OF THE
CITY OF PALM SPRINGS; AND AUTHORIZING RELATED ACTIONS."
Approved as part of the Consent Calendar.
I.K. APPROVE AMENDMENT NO. 4 TO AGREEMENT NO. A5728 WITH
ADVANCED, INC. DBA PROGREEN BUILDING MAINTENANCE FOR A
FIVE (5) MONTH CONTRACT SERVICE EXTENSION FOR JANITORIAL
SERVICES AT VARIOUS CITY FACILITIES:
ACTION:
1) Approve Amendment No. 4 to Agreement No. A5728 with Advanced
Inc. DBA PROgreen Building Maintenance for janitorial services at
various city owned facilities, for an additional five (5) month term
extension not to exceed $108,949.64. A5728.
2) Authorize the City Manager to extend the current agreement for
janitorial services for a period not to exceed 5 months, under the same
terms and conditions, during the interim period.
3) Authorize the City Manager to execute all necessary documents.
Approved as part of the Consent Calendar.
11. ACCEPT THE RESIGNATION OF BONNIE RUTTAN FROM THE
PUBLIC ARTS COMMISSION:
ACTION:
1) Accept with regret the resignation of Bonnie Ruttan from the Public
Arts Commission.
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.
I.M. APPROVE ADDITIONAL FUNDING FOR COUNSELING AND CRISIS
INTERVENTION SERVICES WITH THE COUNSELING TEAM
INTERNATIONAL FOR CRITICAL INCIDENTS:
ACTION:
1) Approve an additional amount of $30,000 to provide ongoing
professional crisis intervention services and aftercare counseling with
The Counseling Team International.
2) Authorize the City Manager to execute all necessary documents.
Approved as part of the Consent Calendar.
City Council Minutes Page 7
March 15, 2017
EXCLUDED CONSENT CALENDAR:
I.D. LETTER FROM MISSION SPRINGS WATER DISTRICT (MSWD)
REGARDING THE CONSTRUCTION OF WASTEWATER FACILITIES
AND DEVELOPMENT OF COLLECTION FACILITIES IN THE
I-1011NDIAN CANYON BUSINESS CORRIDOR:
Mayor Pro Tern Foat requested a staff report.
David Ready, City Manager, provided background information and stated
the item was presented for receipt and filing.
ACTION: Receive and file the letter from Mission Springs Water District
(MSWD).
Motion by Councilmember Kors, seconded by Mayor Pro Tern Foat,
and unanimously carried on a roll call vote.
1.G. SUNLIGHT PEAK LLC (DBA: "EPIC HOTEL"), FOR A CONDITIONAL
USE PERMIT TO ALLOW AN EIGHT (8) UNIT BOUTIQUE HOTEL TO
CONTAIN KITCHENS, LOCATED AT 275 EAST TAMARISK ROAD,
ZONE R-3 (CASE 5.1404 CUP):
Mayor Pro Tern Foat stated the Subcommittee met and expressed
concern that the Council was misled.
Councilmember Kors and Mayor Pro Tern Foat outlined their concerns.
ACTION: Adopt Resolution No.24193, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING CASE 5.1404 CUP, A CONDITIONAL USE PERMIT (CUP)
TO ALLOW AN EIGHT (8) UNIT BOUTIQUE HOTEL TO CONTAIN
KITCHENS, LOCATED AT 275 EAST TAMARISK ROAD"
with the following conditions added and made available to every tenant,
from the date the application was proposed to convert to a hotel, who has
left or leaves due to action by the landlord:
1) Three month's rent minimum, plus one additional month for every
year they were there in excess of three years.
2) 90-day notice of eviction, rent increase by no more than the cost of
living, or non-renewal of their rental agreement.
3) The owner will provide the City with a list of all tenants and their
address as of the date they applied for a permit within 15 days.
4) The owner will notify the City within 15 days of providing notice of
eviction or non-renewal to the tenant.
5) A letter will be sent by the applicant or the City to the tenant, as
determined by the City Manager, outlining the process and their
rights to notice and relocation expenses.
City Council Minutes Page 8
March 15, 2017
Motion by Councilmember Kors, seconded by Mayor Pro Tern Foat,
and unanimously carried on a roll call vote.
I.J. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF INDIO TO
THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR
THE TERM ENDING MARCH 19, 2020:
ACTION: Appoint Jhan Schmitz, as the City of Indio representative, to the
Palm Springs International Airport Commission for the term ending
March 19, 2020.
Motion by Councilmember Mills, seconded by Councilmember
Roberts, and unanimously carried on a roll call vote.
I.N. REPEALING AND SETTING ASIDE APPROVAL OF RESOLUTION NO.
23415 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, RELATING TO AN AMENDMENT TO
THE 2007 PALM SPRINGS GENERAL PLAN MODIFYING THE
GENERAL PLAN'S TREATMENT OF RESIDENTIAL LAND USE
DENSITIES:
Councilmember Kors stated his question on the item had been answered.
ACTION: Adopt Resolution No. 24195, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
RESCINDING AND OTHERWISE SETTING ASIDE APPROVAL OF
RESOLUTION NO. 23415 RELATING TO AN AMENDMENT TO THE
2007 PALM SPRINGS GENERAL PLAN REVISING RESIDENTIAL LAND
USE CATEGORIES BY ELIMINATING CLOSED RANGES."
Motion by Councilmember Mills, seconded by Councilmember Kors,
and unanimously carried on a roll call vote.
2. PUBLIC HEARING:
Mayor Pro Tem Foat left the dais as she has a conflict on 2A.
2.A. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2017-2018
ANNUAL ACTION PLAN AND CDBG BUDGET ADOPTION; AND
AUTHORIZATION FOR SUBMISSION TO THE UNITED STATES
DEPARTMENT OF HOUSING & URBAN DEVELOPMENT, FOR THE
FISCAL YEAR 2017-2018 COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM, 43rd PROGRAM YEAR; AND AUTHORIZING THE
CITY MANAGER TO EXECUTE ALL SUBRECIPIENT AGREEMENTS:
Dale Cook, Community Development Administrator, provided a staff report
on Item 2A.
City Council Minutes Page 9
March 15, 2017
Councilmember Mills questioned the specific locations for curb ramp
improvements on Item 4. Administrator Cook stated CDBG funds would
be used for the eligible census track. Councilmember Mills asked for
reasons of potential conflict. Administrator Cook identified potential
locations.
Councilmember Mills stated he had a potential conflict near the Sunrise Way and
Ramon Road location, therefore he exited the Council Chamber.
Mayor Moon opened the public hearing.
Jack Newby, Director of Development for Mizell Senior Center, thanked
staff and Council. He discussed the proposal as the second phase of the
proposal funded last year.
Chris O'Hanlon, Founder and Executive Director of Senior Advocates of
the Desert, listed services offered and challenges faced by the
organization in assisting Coachella Valley seniors.
Brande Orr, Desert Aids Project, thanked the City Council for prior
assistance with phase 2 of the project and requested assistance with
phase 3. She discussed the services offered by Desert Aids Project.
No others came forth to address the City Council; therefore, Mayor Moon
closed the public hearing.
ACTION:
Adopt Resolution No. 24196, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE
2017-2018 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
ANNUAL ACTION PLAN; APPROVING THE COMMUNITY
DEVELOPMENT BLOCK GRANT BUDGET FOR FISCAL YEAR 2017-
2018; AUTHORIZING THE SUBMITTAL OF THE PLAN AND BUDGET
TO THE UNITED STATES DEPARTMENT OF HOUSING & URBAN
DEVELOPMENT (HUD); AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE APPROVAL/AGREEMENT (GRANT # B-17-MC-06-0561)
WITH HUD - IN THE AMOUNT OF $387,462 AND TO EXECUTE ALL
SUBRECIPIENT AGREEMENTS."
Desert AIDS Project— A6507
Emergency Preparedness Generator $77,000
Mizell Senior Center— A6392
Energy-Saving Patio Enclosure $52,350
City of Palm Springs Department of Public Works & Engineering—
Citywide ADA Curb Ramp and Sidewalk $88,983
City Council Minutes Page 10
March 15, 2017
City of Palm Springs Department of Public Works & Engineering—
Main Library Sidewalk $34,000
Fair Housing Council of Riverside, Inc. — A6510
Fair Housing Services $42,637
Senior Advocates of the Desert— A6667
Senior Emergency Assistance $15,000
Motion by Councilmember Roberts, seconded by Mayor Moon, and
carried 3-0-2 (Foat and Mills absent) on a roll call vote.
AYES: Councilmember Kors, Councilmember Roberts, and
Mayor Moon
NOES: None.
ABSENT: Councilmember Mills and Mayor Pro Tem Foat
Mayor Pro Tem Foat and Councilmember Mills returned to the dais.
2.6. CLASS 1 HISTORIC DESIGNATION FOR "THE ALBERT FREY BEL
VISTA HOME," LOCATED AT 1520 EAST TACHEVAH DRIVE AND
CEQA DETERMINATION, HSPB 105 (ZONE R-1-C):
Flinn Fagg, Director of Planning Services, provided background
information as outlined in the staff report dated March 15, 2017.
Mayor Moon opened the public hearing.
Todd Hays, applicant, provided background on the property indicating it
was the only tract in the City by Albert Frey. He requested the Council
approve the designation.
No other came forth to address the City Council; therefore, Mayor Moon
closed the public hearing.
Mayor Moon stated he visited the property and indicated support for the
application.
ACTION:
Adopt Resolution No. 24197, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE
RESIDENCE AT 1520 EAST TACHEVAH DRIVE (APN 507-124-008),
"THE ALBERT FREY BEL VISTA HOME," A CLASS 1 HISTORIC SITE,
AND DETERMINE THE PROJECT AS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), HSPB 105
(ZONE R-1-C)."
City Council Minutes Page 11
March 15, 2017
Motion by Councilmember Roberts, seconded by Councilmember
Kors, and unanimously carried on a roll call vote.
2.C. SECOND READING AND ADOPTION OF ORDINANCE NO, 1918
AMENDING AND RESTATING OF THE PALM SPRINGS MUNICIPAL
CODE RELATING TO VACATION RENTALS:
Councilmember Mills stated he had a conflict due to his wife's property
ownership and left the Chamber.
Flinn Fagg, Director of Planning Services, provided background
information as outlined in the staff report dated March 15, 2017, and
discussed the Planning Commission's concerns and recommendations.
Mayor Moon opened the public hearing.
Marla Malaspina, representing Protect Our Neighborhoods (PON), spoke
on behalf of Linda Buchanan, indicating she was selling her home due to
the impact from vacation rentals and indicating opposition to short term
rentals (STR). She requested all STRs be treated like commercial
business, impact on neighboring homes assessed and pass all business
requirements.
Mike Siskan read Ted Luciani's written comments in opposition to STRs.
David Feltman discussed the Planning Commission's thoughtful
deliberation over STRs. He encouraged the Council to allow the existing
process to work.
Bruce Mink spoke in support of vacation rentals and encouraged adoption
of the ordinance.
Michael Valeo, Altamira Vacation Rentals, indicated support for the
ordinance as a good compromise.
Thomas Salinas, Oranj Palm Vacation Homes, discussed detriment that
would be caused by shutting down the industry. He urged the Council to
adopt the ordinance.
Rodolfo Castillo, Turn Key Rentals, spoke in support of vacation rentals.
He discussed the requirement for in person meetings and Turn Key
Rentals' use of technology to convey information to guests and requested
use for video conference calls to reduce disturbances to the neighbors.
Frank Tysen, Board of SHOPS, discouraged adoption of the new
ordinance until PON and SHOPS could provide input.
City Council Minutes Page 12
March 15, 2017
Steve Rose asked for clarification on the five additional people allowed
and whether those were included in the 36 contracts.
No others came forth to address the City Council; therefore, Mayor Moon
closed the public hearing.
ACTION:
1) Waive the second reading of the ordinance text in its entirety and read
by title only.
2) Adopt Ordinance No. 1918, "AN ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING
CHAPTER 525 OF, AND ADDING SECTION 93.23.16 TO, THE
PALM SPRINGS MUNICIPAL CODE RELATING TO VACATION
RENTALS."
Motion by Councilmember Kors, seconded by Mayor Pro Tern Foat,
and carried 3-1-1 (Moon NO and Mills ABSENT) on a roll call vote.
AYES: Councilmember Kors, Councilmember Roberts, and
Mayor Pro Tern Foat
NOES: Mayor Moon
ABSENT: Councilmember Mills
Councilmember Mills returned to the dais.
3. LEGISLATIVE:
3.A. PROPOSED ORDINANCE AMENDING THE PALM SPRINGS
MUNICIPAL CODE (PSMC) REAFFIRMING THE CITY'S PROHIBITION
OF DISCRIMINATION IN THE CITY:
City Attorney Holland requested pulling the item to allow consideration of
the Police Department's concern.
ACTION: Take no action and place item on a future City Council agenda.
Motion by Councilmember Mills, seconded by Councilmember
Roberts, and unanimously carried on a roll call vote.
Mayor Moon called for a ten (10) minute recess.
Mayor Moon reconvened the meeting.
ACTION: Placing 3.A. back on the March 15, 2017, agenda for action.
Motion by Councilmember Kors, seconded by Mayor Pro Tern Foat,
and unanimously carried on a roll call vote.
City Council Minutes Page 13
March 15, 2017
City Attorney Holland summarized the report and requested addition of
"age" to the list of discriminate classes and modification to read "Section
1.01.140 shall not be applicable to this ordinance".
ACTION: Waive the reading of the ordinance text in its entirety, read by
title only, and introduce for first reading Ordinance No. 1920, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING
CHAPTER 2.04.100 TO, AND AMENDING SECTIONS 2.45.005,
2.45.010, AND SECTION 7.010.040 OF, THE PALM SPRINGS
MUNICIPAL CODE REAFFIRMING THE CITY'S PROHIBITION OF
DISCRIMINATION IN THE CITY" amended as follows:
a. City Attorney's Summary, third sentence, the word "authorized" shall
be replaced with the word "required": "This Ordinance also includes
unless otherwise required under Federal or State Law."
b. SECTION 1. (c): The word "age" shall be added to the list and the
word "authorized" shall be replaced with the word "required": "The
City and its employees, officials, agents, and contractors .... perceived
race, color, religion, ancestry, national origin, disability, medical
condition, age, marital status, domestic partner status, .... otherwise
required under Federal or State Law."
c. SECTION 5. The following sentence shall be added as the last
sentence in this section, "The provisions of Section 1.01.140 shall
not apply."
Motion by Councilmember Kors, seconded by Councilmember
Roberts, and carried 4-1-0 (Moon NO) on a roll call vote.
AYES: Councilmember Kors, Councilmember Mills, Councilmember
Roberts, and Mayor Pro Tern Foat
NOES: Mayor Moon
4. UNFINISHED BUSINESS:
4.A. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. A6187 WITH
PS RESORTS, EXTENDING THE AGREEMENT FOR AN ADDITIONAL
THREE YEARS:
City Manager Ready provided the background information as outlined in
the staff report.
ACTION:
1) Approve Amendment No. 2 to Agreement No. A6187 with PS Resorts
for a three year term commencing December 1, 2016, through
November 30, 2019.
2) Authorize the City Manager to execute all necessary documents.
Motion by Mayor Pro Tern Foat, seconded by Councilmember Mills,
and unanimously carried on a roll call vote.
City Council Minutes Page 14
March 15, 2017
4.13. APPROVAL OF AMENDMENT NO. 3 TO AGREEMENT NO. A6132
WITH MICHAEL FONTANA AND ASSOCIATES IN THE AMOUNT OF
$50,000 FOR ON-CALL FACILITY CONSTRUCTION OWNER
REPRESENTATIVE SERVICES:
Councilmember Mills recused himself due to a business related conflict and he
left the Chamber.
City Manager Ready provided the background information as outlined in
the staff report.
ACTION:
1) Approve Amendment No. 3 to Agreement No. A6132 increasing the
contract amount by $50,000, for a total not to exceed $175,000, with
Michael Fontana and Associates for On-Call Facility Construction
Owner Representative Services.
2) Authorize the City Manager to execute all necessary documents.
Motion by Mayor Pro Tern Foat, seconded by Councilmember Kors,
and carried 4-0-1 (Mills ABSENT) on a roll call vote.
AYES: Councilmember Kors, Councilmember Roberts, Mayor Pro
Tern Foat, and Mayor Moon
NOES: None.
ABSENT: Councilmember Mills
Councilmember Mills returned to the dais.
5. NEW BUSINESS:
S.A. MID-YEAR BUDGET REVIEW PRESENTATION FOR FY 2016-17:
Geoffrey Kiehl, Director of Finance and Treasurer, presented the mid-year
budget review.
No action was taken.
S.B. APPROVAL OF A PUBLIC HIGHWAY OVERPASS CROSSING
AGREEMENT WITH THE UNION PACIFIC RAILROAD (UPRR)
COMPANY FOR THE INDIAN CANYON DRIVE WIDENING & BRIDGE
REPLACEMENT, CP 01-11, FEDERAL AID PROJECT NO.
BRLO 5282 (017), UPRR FOLDER NO. 2816-73:
Marcus Fuller, Assistant City Manager/City Engineer, provided
background information as outlined in the staff report.
City Council Minutes Page 15
March 15, 2017
ACTION:
1) Adopt Resolution No. 24198, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A PUBLIC HIGHWAY OVERPASS AGREEMENT WITH
THE UNION PACIFIC RAILROAD COMPANY FOR THE INDIAN
CANYON DRIVE WIDENING AND BRIDGE REPLACEMENT, CITY
PROJECT NO. 01-11, FEDERAL AID PROJECT NO. BRLO 5282
(017), UPRR FOLDER NO. 2816-73.
2) Approve a Public Highway Overpass Crossing Agreement with Union
Pacific Railroad Company in the amount of $72,600 for slope, footing,
and temporary construction easements and the right to construct,
reconstruct, maintain, and repair improvements associated with APN
No. 669-070-007 and APN No. 669-100-006. A6956.
3) Authorize reimbursements to Union Pacific Railroad Company for an
estimated amount of $850,000 for work associated with the Project as
per the Public Highway Overpass Crossing Agreement.
4) Authorize the City Manager to execute all necessary documents.
Motion by Councilmember Roberts, seconded by Councilmember
Mills, and unanimously carried on a roll call vote.
5.C. PURCHASE OF INTERNET FIREWALL SYSTEMS AND SECURITY
EQUIPMENT:
Aaron Brown, Director of Information Technology, provided background
information as outlined in the staff report.
ACTION:
1) Approve the purchase of the Fortinet internet firewall systems and
security equipment from CDW-G utilizing the National IPA Technology
Solutions Cooperative Contract No. 130733 in the amount of$29,989.
2) Authorize the City Manager to execute all necessary documents.
Motion by Mayor Pro Tem Foat, seconded by Councilmember Mills,
and unanimously carried on a roll call vote.
5.D. INITIATION OF ANNEXATION NO. 16 TO COMMUNITY FACILITIES
DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES):
Councilmember Mills recused himself from Item 5D and 5E and left the Chamber.
Marcus Fuller, Assistant City Manager/City Engineer, provided
background information as outlined in the staff report dated
March 15, 2017.
ACTION: Adopt Resolution No. 24199 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING ITS INTENTION TO ANNEX TERRITORY INTO A
City Council Minutes Page 16
March 15, 2017
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. 16, MIRALON, TRACT MAP NO. 31848."
Motion by Councilmember Roberts, seconded by Councilmember
Kors, and carried 4-0-1 (Mills ABSENT) on a roll call vote.
AYES: Councilmember Kors, Councilmember Roberts,
Mayor Pro Tern Foat, and Mayor Moon
NOES: None
ABSENT: Councilmember Mills
S.E. DISCUSSION OF SCIP PUBLIC FINANCING FOR RESIDENTIAL
DEVELOPMENTS:
City Manager Ready provided the background information as outlined in
the staff report.
City Manager Ready summarized the Council's direction to come back
with a policy for residential SCIP use based on benefit to the City. He
suggested the Council approve all requests.
Mayor Pro Tern Foat suggested a policy allowing flexibility.
No action was taken.
Councilmember Mills returned to the dais.
S.F. APPROVAL OF AN AGREEMENT WITH GARY SCHONS TO PROVIDE
SUPPLEMENTAL LEGAL SERVICES FOR THE CITY:
Douglas Holland, City Attorney, provided the background information as
outlined in the staff report.
Councilmember Kors noted the qualifications of Gary Schons particularly
related to ethics. He assured the community that no decisions had been
made regarding the project. He stated the hope was to receive
recommendations on the options.
ACTION:
1) Approve an Agreement with the law firm of Best, Best and Krieger to
provide legal services for the City in an amount not to exceed
$100,000. A6957.
2) Authorize the City Manager to execute all necessary documents.
Motion by Councilmember Mills, seconded by Councilmember Kors,
and unanimously carried on a roll call vote.
City Council Minutes Page 17
March 15, 2017
PUBLIC COMMENT: (Non-Agenda Items)
Steven Keylon, Palm Springs Preservation Foundation, urged the Council to
initiate eminent domain on the Town & Country Center.
Barbara Marshall, Preservation Foundation, discussed the events offered during
Modernism Week. She presented Architecture 100, highlighting developmentss
in Palm Springs, and discussed locations where the public could obtain a copy.
Richard Noble addressed the Council regarding the Orlando Pulse Nightclub
shooting and requested the City send a floral display on the one year
anniversary. He announced the March for Science on April 22, 2017 and
requested the City offer an in kind donation for use of the stage at Sunrise Park.
Patrick Weiss thanked the Subcommittee for work on the Homeless Task Force.
He discussed the CORE program and transportation of participants to Indio via a
bus pass. He encouraged affordable housing.
Steven Price, PSPF, urged initiation of eminent domain of the Town & Country
Center.
Michael Stearns, Executive Director of Coachella Valley Spin Inc., commended
City employees (Jasmine Waits, Michele Cirone Collier, Mike Villegas, Rande
Ferguson, Faith Roche, Valerie Wagner and her crew, and others) involved in the
Tour de Palm Springs event.
Marla Malaspina discussed PON's work on the vacation rental ordinance.
COUNCILMEMBER AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT:
Councilmember Kors asked when Ethics, Transparency Subcommittee report would be
on the agenda.
Councilmember Roberts announced the live interview on the Downtown project on
March 22, 2017, 6:30 and 7:00 p.m. on KMIR.
Mayor Moon questioned whether eminent domain could be used on the Town & Country
Center. City Attorney Holland stated the City could only use eminent domain to acquire
property for a public use.
Mayor Pro Tern Foat discussed complaints regarding air traffic and requested City
Manager Ready provide information. She discussed the Planning Commission meeting
minutes and requested responses to questions be provided. She questioned the
ridership on BUZZ and suggested additional advertising.
City Council Minutes Page 18
March 15, 2017
Councilmember Mills requested the Council allow him to serve as the official liaison to
the Visitor's Center Re-Visioning Committee.
Councilmember Roberts discussed confusion over use of eminent domain and efforts to
preserve the Town & Country Center. Mayor Pro Tern Foat encouraged residents to
purchase the Town & Country Center.
Councilmember Kors asked about advertising on BUZZ to off-set costs.
ADJOURNMENT:
The City Council adjourned at 10:29 p.m. to the next regular meeting Wednesday,
April 5, 2017, at 6:00 p.m. Council Chamber, City Hall, preceded by Closed Session,
Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.
Respectfully submitted,
CYNTHIA A. BERARDI, CMC
Interim Chief Deputy City Clerk
CERTIFICATION
STATEOFCALIFORNIA )
COUNTYOF RIVERSIDE ) ss.
CITY OF PALMSPRINGS )
I, CYNTHIA A. BERARDI, Interim Chief Deputy City Clerk of the City of Palm Springs, California, hereby
certify that the March 15, 2017, MINUTES were approved by the City Council of the City of Palm Springs at a
regular meeting held on the May 3,2017,by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSAL:
CYNTHIA A. BERARDI,CIVIC
Interim Chief Deputy City Clerk
EXHIBIT A
CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF THE PALM SPRINGS
� P�M I.'
OP
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CLOSED SESSION AGENDA
Wednesday, March 15, 2017 — 3:30 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.
PUBLIC EMPLOYMENT APPOINTMENT G.C. 54957
Position: City Attorney
EXISTING LITIGATION G.C. 54956.9(a)
People for Proper Planning v. City of Palm Springs
Case No. PSC 1301691, Riverside Superior Court, Palm Springs Division
EXPOSURE TO LITIGATION G.C. 54956.9(b)
3 Cases
INITIATION OF LITIGATION G.C. 54956.9(c)
3 Cases
CONFERENCE WITH REAL PROPERTY NEGOTIATOR G.C. 54956.8
Property Address/Description: APN 669-330-029
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: Desert Community College District
Under Negotiation: Price and Terms of Payment
Property Address/Description: APN 513-460-033 (Right-of-Way)
Agency: City of Palm Springs
City Negotiator: Marcus L. Fuller, Assistant City Manager or Designee
Negotiating Parties: 4348 Lockwood Avenue, LLC
Under Negotiation: Price and Terms of Payment (Easement)