HomeMy WebLinkAbout3/1/2017 - 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, FEBRUARY 15, 2017
City Hall, Council Chamber
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
CLOSED SESSION
CALL TO ORDER (Council Chamber):
At 4:32 p.m. Mayor Moon called the meeting to order.
Douglas Holland, City Attorney, requested the City Council consider adding an item.
The information was received after the posting of the agenda.
EXISTING LITIGATION, G.C. 54956.9(a)
Dennis A. Cunningham and Andrea C. Cunningham individually, and in their capacities
as Trustees of the Cunningham Family Trust Dated 1211412000 v. City of Palm Springs
et. al.
Case No. PSC1606147, Riverside Superior Court, Palm Springs Division
ACTION:
By a majority vote of the City Council the following was 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 the following item pursuant to Cal. Gov. Code.
Section 54956.9(e)(3):
EXISTING LITIGATION, G.C. 54956.9(a)
Dennis A. Cunningham and Andrea C. Cunningham individually, and in their capacities
as Trustees of the Cunningham Family Trust Dated 1211412000 v. City of Palm Springs
at. al.
Case No. PSC1606147, Riverside Superior Court, Palm Springs Division
PUBLIC COMMENT (Council Chamber): None
RECESS TO CLOSED SESSION (Small Conference Room):
See Closed Session Agenda, attached as Exhibit A.
At 4:35 p.m. the Mayor and Councilmembers recessed to closed session.
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, FEBRUARY 15, 2017
City Hall, Council Chamber
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
CLOSED SESSION
CALL TO ORDER (Council Chamber):
At 4:32 p.m. Mayor Moon called the meeting to order.
Douglas Holland, City Attorney, requested the City Council consider adding an item.
The information was received after the posting of the agenda.
EXISTING LITIGATION, G.C. 54956.9(a)
Dennis A. Cunningham and Andrea C. Cunningham individually, and in their capacities
as Trustees of the Cunningham Family Trust Dated 1211412000 v. City of Palm Springs
et. al.
Case No. PSC1606147, Riverside Superior Court, Palm Springs Division
ACTION:
By a majority vote of the City Council the following was 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 the following item pursuant to Cal. Gov. Code.
Section 54956.9(e)(3):
EXISTING LITIGATION, G.C. 54956.9(a)
Dennis A. Cunningham and Andrea C. Cunningham individually, and in their capacities
as Trustees of the Cunningham Family Trust Dated 1211412000 v. City of Palm Springs
at. al.
Case No. PSC1606147, Riverside Superior Court, Palm Springs Division
PUBLIC COMMENT (Council Chamber): None
RECESS TO CLOSED SESSION (Small Conference Room):
See Closed Session Agenda, attached as Exhibit A.
At 4:35 p.m. the Mayor and Councilmembers recessed to closed session.
ITEM NO.
City Council Minutes Page 2
February 15, 2017
It should be noted, property negotiations at APN 513-460-033 (Right-of-Way) with 4348
Lockwood Avenue, LLC. was not discussed.
REGULAR MEETING
CALL TO ORDER: At 6:07 p.m., Mayor Moon called meeting to order.
PLEDGE OF ALLEGIANCE: Mayor Moon led the flag salute.
ROLL CALL:
PRESENT: Councilmember Kors, Councilmember Mills, Councilmember Roberts,
Mayor Pro Tem Foat , and Mayor Moon
ABSENT: None
ALSO PRESENT: City Manager Ready, City Attorney Holland, Interim City Clerk Hart
PRESENTATIONS: David Ready, City Manager, and Geoffrey Kiehl, Director of
Finance and Treasurer, introduced Bryan Gruber to present the Fiscal Year 2015-16
Financial Audit by Lance Soll and Lunghard LLP, the City's independent auditors.
CITY MANAGER'S REPORT: None
REPORT OF CLOSED SESSION: Douglas Holland, City Attorney, reported the
following:
• The City Council approved by a majority vote (4-1-0, Mills voting NO) a settlement
with respect to Elliott Forte v. City of Palm Springs et. al., Case No. PSC1404656,
Riverside Superior Court, Palm Springs Division.
• The City Council provided direction on the proposed settlement with respect to
Advocates for Better Community Development v. City of Palm Springs, Case No.
R1C1615018, Riverside Superior Court, Riverside Division.
• Requested continuance of Closed Session to 9:30 a.m., Thursday,
February 16, 2017, to continue discussion of EXPOSURE TO LITIGATION, G.C.
54956.9(b).
ACCEPTANCE OF THE AGENDA:
Councilmember Roberts requested pulling Consent Calendar Item 1 L for separate
discussion.
Councilmember Mills stated his recusal on Item 1 C, Warrant 1089338, for a business
related conflict of interest and Item 1 H with respect to the portion relating to the
intersection of Ramon and Thornhill due to a conflict of interest.
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February 15, 2017
ACTION: Accept the agenda as presented with the removal of Item 1 L from the
Consent Calendar for discussion, and noting the recusal of Councilmember Mills with
respect to Item 1C, Warrant 1089338 for a business related conflict of interest and Item
1 H with respect to the portion relating to the intersection of Ramon and Thornhill due to
a conflict of interest.
Motion by Councilmember Roberts, seconded by Councilmember Kors, and
unanimously carried (5-0-0) on a roll call vote.
PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY)
Ron Siegal, spoke opposing Item 3B and in support of banning gasoline powered leaf
blowers and completely banning leaf blowers to eliminate the dust and particles being
blown into the environment.
Brian Yaklick, spoke of his concerns relating to Item 3B.
Bruce Cronander, stated is opposition to Item 3B.
Adam Teixeira spoke requested more information relating to policies and guidelines
concerning vacation rentals.
Lucio Bernal provided his comments with respect to vacation rentals.
Lisa Middleton, spoke on behalf of One PS, thanking the subcommittee,
Councilmembers Kors and Roberts, for addressing the many concerns brought forth by
One PS.
Judy Deertrack provided comments with respect to Items 3A and 3B.
Robert Stone provided comments with respect to Item 3B.
James Murphy provided comments with respect to Item 3A.
Stephen Rose, requested submitting Ordinance 1907 to the voters.
Michael Valeo, thanked the Council and subcommittee, Councilmembers Kors and
Roberts and spoke in support of Item 3B.
Chris Bale, stated his concurrance with the majority of Michael Valeo's comments and
spoke of compromise and balance.
Jerry Keller provided comments with respect to Item 36, adding nobody likes the
proposed ordinance (Item 3B) which equates to it being a perfect ordinance.
Roy Clark, a member of the Sustainability Commission, provided comments from the
Sustainability Commission's recommendation with respect to phasing out gasoline
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February 15, 2017
powered leaf blowers, ultimately banning them, entertaining the use of battery powered
units, providing training, and desertscape, etc.
Marla Malaspina spoke opposing Item 3B.
Lisa Riding spoke in opposition to the proposed urgency ordinance, Item 3B.
Steve Rosenberg spoke against the vacation rental ordinance.
Frank Tysen, Palm Springs, spoke spoke in opposition of Item 3B. .
Jeremy Ogul, a representative from Home Away, spoke on Item 3B relating to the
ordinance language and spoke of the need for clarity.
Doug Huth spoke in support of Item 56.
Niki Vandel spoke on Items 1 C, 1 F, 1 L, and 3B.
Jim Madaffer, Citizens for a Better Palm Springs, spoke opposing Item 3B.
1. CONSENT CALENDAR:
ACTION:
Approve Items 1A, 1B, 1C, 1D, 1E, 1F, 1G, 1H, 11, 1J, and 1K; furthmore, noting
the recusal of Councilmember Mills on Item 1C, Warrant 1089338 for a business
related conflict of interest and Item 1 H, due to a conflict of interest, with respect
to the portion relating to the intersection of Ramon and Thornhill.
Motion by Mayor Pro Tem Foat, seconded by Councilmember Mills, and
unanimously carried (5-0-0) on a roll call vote.
1I.A. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of January 25, 2017, and
January 18, 2017.
Approved as part of the Consent Calendar.
I.B. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR
THE MONTH OF JANUARY 2017:
ACTION: Receive and file the report of Staff Authorized Agreements and
Purchase Orders for the period of January 1 through January 31, 2017.
Approved as part of the Consent Calendar.
1.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION:
1) Adopt Resolution No. 24166, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 12-03-2016 BY WARRANTS NUMBERED 419750 THROUGH
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February 15, 2017
419764 TOTALING $40,144.58, LIABILITY CHECKS NUMBERED
1089189 THROUGH 1089209 TOTALING $85,087.89, FIVE WIRE
TRANSFERS FOR $82,056.87, AND THREE ELECTRONIC ACH
DEBITS OF $1,747,598.30 IN THE AGGREGATE AMOUNT OF
$1,954,887.64, DRAWN ON BANK OF AMERICA."
2) Adopt Resolution No. 24167, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1089210 THROUGH 1089310 IN THE AGGREGATE
AMOUNT OF $898,601.90, DRAWN ON BANK OF AMERICA."
3) Adopt Resolution No. 24168, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1089311 THROUGH 1089476 IN THE AGGREGATE
AMOUNT OF $2,189,266.00, DRAWN ON BANK OF AMERICA."
4) Adopt Resolution No. 24169, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 12-17-2016 BY WARRANTS NUMBERED 419765 THROUGH
419780 TOTALING $22,862.98, LIABILITY CHECKS NUMBERED
1089477 THROUGH 1089497 TOTALING $84,683.29, FIVE WIRE
TRANSFERS FOR $85,312.93, AND THREE ELECTRONIC ACH
DEBITS OF $1,439,738.84 IN THE AGGREGATE AMOUNT OF
$1,632,598.04, DRAWN ON BANK OF AMERICA."
5) Adopt Resolution No. 24170, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1089498 THROUGH 1089650 IN THE AGGREGATE
AMOUNT OF $3,081,014.68, DRAWN ON BANK OF AMERICA."
6) Adopt Resolution No. 24171, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1089651 THROUGH 1089742 IN THE AGGREGATE
AMOUNT OF $1,299,165.26, DRAWN ON BANK OF AMERICA."
Approved as part of the Consent Calendar.
1.D. TREASURER'S INVESTMENT REPORT AS OF DECEMBER 31, 2016:
ACTION: Receive and File the Treasurer's Investment Report as of
December 31, 2016.
Approved as part of the Consent Calendar, and noting the recusal of
Councilmember Mills on Item 1C, Warrant 1089338 for a business
related conflict of interest
I.E. RATIFICATION OF THE ANNUAL ADJUSTMENT OF THE ACCESS
LINE RATE APPROVED BY THE VOTERS BY MEASURE "G"
PURSUANT TO PALM SPRINGS MUNICIPAL CODE § 3.39.050:
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February 15, 2017
ACTION: Adopt Resolution No. 24172, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RATIFYING
THE ANNUAL ADJUSTMENT OF THE ACCESS LINE RATE PURSUANT
TO PALM SPRINGS MUNICIPAL CODE § 3.39.050 APPROVED BY THE
VOTERS BY MEASURE "G."
Approved as part of the Consent Calendar.
1.F. ACCEPTANCE OF THE JAMES O. JESSIE DESERT HIGHLAND
UNITY CENTER OUTDOOR PERFORMANCE STAGE AND OUTDOOR
BALL FIELD LIGHTING PROJECT, CP 14-18:
ACTION:
1) Accept the public works improvement identified as the James 0. Jessie
Desert Highland Unity Center Outdoor Performance Stage and Outdoor
Ball Field Lighting Project as completed in accordance with the plans and
specifications, CP 14-18.
2) Authorize the City Engineer to execute and file for recordation with the
Riverside County Recorder a Notice of Completion for the James 0.
Jessie Desert Highland Unity Center Outdoor Performance Stage and
Outdoor Ball Field Lighting Project.
Approved as part of the Consent Calendar.
1.G. PALM SPRINGS INNOVATION HUB AND ACCELERATOR CAMPUS
QUARTERLY REPORT:
ACTION: Receive and file the second quarterly report from Coachella
Valley Economic Partnership (CVEP) for the Palm Springs Innovation Hub
(iHub) for the period of October 1 through December 31, 2016.
Approved as part of the Consent Calendar.
I.H. AWARD A CONSTRUCTION CONTRACT TO RUIZ CONCRETE &
PAVING, INC. IN THE AMOUNT OF $122,452.80 FOR THE ADA CURB
RAMPS PROJECT, CP 16-09:
ACTION:
1) Award a construction contract to Ruiz Concrete & Paving, Inc., in the
amount of $122,452.80 for the ADA Curb Ramps Project, CP 16-09.
A6951.
2) Authorize the City Manager to execute all necessary documents.
Approved as part of the Consent Calendar and noting the recusal of
Councilmember Mills on Item 1H, due to a conflict of interest, with
respect to the portion relating to the intersection of Ramon and
Thornhill.
I.I. MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT
FOR CLASS 1 HISTORIC SITE LOCATED AT 360 CABRILLO ROAD
UNIT: 232-233 (RACQUET CLUB COTTAGES WEST HD-3, HSPB 88):
ACTION:
1) Approve a Mills Act Historic Property Preservation Agreement with
Aaron Winer, Kimberly Pape and the Racquet Club Garden Villas
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February 15, 2017
Homeowners Association for 360 Cabrillo Road Units 232-233
(RSPB 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.J. REPORT OF EMERGENCY ROAD CLEANUP AND REPAIRS DUE TO
JANUARY 2017 FLOODING PURSUANT TO PALM SPRINGS
MUNICIPAL CODE SECTION 7.04.040.:
ACTION:
1) Receive and file the report on emergency road cleanup and repairs.
2) Adopt Resolution No. 24173, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
THE BUDGET FOR FISCAL YEAR 2016-17, FOR EMERGENCY ROAD
CLEANUP AND REPAIRS."
Approved as part of the Consent Calendar.
I.K. AUTHORIZE AN INCREASE IN THE AMOUNT OF $26,422 TO
PURCHASE ORDER 17-0728 ISSUED TO WILLDAN ENGINEERING
FOR THE FIRE STATION NO. 4 REHABILITATION, CP 15-25:
ACTION:
1) Authorize an increase in the amount of $26,422 to Purchase Order
17-0728 with Willdan Engineering for a revised total amount of $34,662 for
the Fire Station No. 4 Rehabilitation, CP 15-25.
2) Authorize the City Manager to execute all necessary documents.
Approved as part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
11. CASA VERONA, LLC, REQUEST FOR A ONE-YEAR EXTENSION OF
TIME FOR TENTATIVE TRACT MAP 33282; A PREVIOUSLY
APPROVED SUBDIVISION OF A 6.1-ACRE PARCEL OF 25 SINGLE-
FAMILY RESIDENTIAL LOTS LOCATED ALONG THE NORTH SIDE
OF EAST VERONA ROAD AND WEST OF WHITEWATER RIVER:
Councilmember Roberts requested language be included that the
extension is only for a one-year period.
Councilmember Kors stated he concurs with Councilmember Roberts, and
reiterated this is the first extension.
ACTION: Adopt Resolution No. 24174, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A ONE-YEAR EXTENSION OF TIME REQUEST FOR
TENTATIVE TRACT MAP 33282; A PREVIOUSLY APPROVED 25-LOT
SINGLE-FAMILY RESIDENTIAL SUBDIVISION ON A 6.1-ACRE PARCEL
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February 15, 2017
LOCATED ALONG THE NORTH SIDE OF E. VERONA ROAD AND
WEST OF THE WHITEWATER RIVER, ZONED R-1-D, SECTION 6
(CASE 5.1035 / TTM 33282)."
Motion Councilmember Mills, seconded by Mayor Pro Tern Foat, and
unanimously carried (5-0-0) on a roll call vote.
2. PUBLIC HEARINGS:
2.A. PALM SPRINGS MODERN CONSTRUCTION, FOR A PRELIMINARY
AND FINAL PLANNED DEVELOPMENT DISTRICT 5.1395-PDD 383 /
MAJOR ARCHITECTURAL APPLICATION 3.3963 MAJ / TENTATIVE
TRACT MAP 37210 FOR THE CONSTRUCTION OF A 64 UNIT
CONDOMINIUM PROJECT NAMED 64@RIV LOCATED AT 2000
NORTH INDIAN CANYON DRIVE, AND IN ACCORDANCE TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) ADOPTING A
MITIGATED NEGATIVE DECLARATION:
Flinn Fagg, Director of Planning Services, provided background
information as outlined in the staff report.
Councilmember Roberts inquired about the conditions as requested by the
Planning Commission and requested additional information regarding to
the Planned Development District.
Mayor Pro Tern Foat requested additional information relating to open
space.
Mayor Moon opened the public hearing at 7:16 p.m. The following
addressed the Mayor and Council:
Dennis Cunningham provided information relating to the project and
requested approval.
Christopher Brodwell, representing the Riviera Gardens HOA, requested
an easement between Riviera Gardens and 64@Riv, adding the Riviera
Gardens HOA supports this project.
Scott Lyle spoke in support of the project.
At 7:22 p.m., no others came forth to address the Mayor and Council, and
Mayor Moon closed the public hearing.
Councilmember Roberts requested additional information, provided
comments on the project, and stated support.
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February 15, 2017
Councilmember Mills requested additional information and clarification
relating to the project.
Mayor Pro Tern Foat stated disappointment in the lack of garages,
supports Mr. Cunningham's comments relating to the ficus, and inquired
about carports and solar panels.
The developer stated in order to keep the price point at low-to-mid
$300,000 it's not possible to include solar for each unit and garages;
however, all units will be solar ready in the event the owner chooses to
have solar installed at a later date.
Mayor Moon stated the Architectural Advisory Committee and Planning
Commission unanimously approved this project. He supports the design
layout and the gates on this project, and inquired when the project will
start.
Councilmember Mills requested clarification relating to the landscape and
streetscape.
ACTION:
1) Adopt Resolution No. 24175, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
A MITIGATED NEGATIVE DECLARATION FOR A PLANNED
DEVELOPMENT DISTRICT, A MAJOR ARCHITECTURAL
APPLICATION, AND A TENTATIVE TRACT MAP FOR A 64 UNIT
CONDOMINIUM PROJECT NAMED 64@RIV LOCATED AT 2000
NORTH INDIAN CANYON DRIVE (CASES 5.1395 PDD-383/ 3.3963 MAJ
/TTM 37210 /ZONE R-3)."
2) Adopt Resolution No. 24176, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PRELIMINARY AND FINAL PLANNED DEVELOPMENT
DISTRICT (PDD-383) AS REQUIRED BY THE GENERAL PLAN LAND
USE DESIGNATION OF TOURIST RESORT COMMERCIAL FOR A 64
UNIT CONDOMINIUM PROJECT NAMED 64@RIV LOCATED AT 2000
NORTH INDIAN CANYON DRIVE",
3) Adopt Resolution No. 24177, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A MAJOR ARCHITECTURAL APPLICATION FOR A 64
UNIT CONDOMINIUM PROJECT NAMED 64@RIV LOCATED AT 2000
NORTH INDIAN CANYON DRIVE."
4) Adopt Resolution No. 24178, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A TENTATIVE TRACT MAP (TTM 37210) FOR A 64 UNIT
CONDOMINIUM PROJECT NAMED 64@RIV LOCATED AT 2000
NORTH INDIAN CANYON DRIVE."
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February 15, 2017
5) Adding the following conditions:
• Palm Springs Modern Homes as the owner/developer of 64@Riv and
the Riviera Gardens Homeowners Association to grant each other
easements necessary for construction, maintenance, and repair of
existing masonry wall and wrought-iron fence between both properties.
• Easements to be shown on Tentative Tract Map 37210.
• Palm Springs Modern Homes to repair existing masonry wall
separating the 64@Riv property and the Riviera Gardens property to
be completed before a Certificate of Occupancy can be granted for
Building #4.
• The applicant shall be required to design and construct a bus shelter
for the current bus stop location adjacent to the development on N.
Indian Canyon Drive. The shelter shall incorporate materials and
details similar to the design of the condominium buildings, and shall be
reviewed by the Architectural Advisory Committee prior to issuance of
permits for the shelter. Construction of the shelter shall be completed
prior to the issuance of a Certificate of Occupancy for the first
residential building of the development.
Motion by Councilmember Roberts, seconded by Mayor Moon, and
unanimously carried (5-0-0) on a roll call vote.
2.6. WLA INVESTMENTS, INC. REQUESTING A CHANGE OF ZONE FOR
AN EXISTING DEVELOPMENT KNOWN AS THE NORTH VILLAGE
CENTER LOCATED AT 19345-19465 NORTH INDIAN CANYON DRIVE,
AND IN ACCORDANCE TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) ADOPTING A NEGATIVE DECLARATION,
ZONE HC, SECTION 15:
Councilmember Kors and Mayor Pro Tern Foat requested information with
respect to who is the owner(s) of WLA Investments, Inc.
Flinn Fagg, Director of Planning Services, provided background
information as outlined in the staff report.
At 8:07 p.m. Mayor Moon opened the public hearing.
Noel Ramos, spoke on behalf of WLA Investments, Inc., providing
additional information with respect to the project, and requested approval.
At 8:09 p.m. no others came forth to address the Mayor and Council;
therefore, Mayor Moon closed the public hearing.
Mayor Pro Tem Foat requested additional information.
ACTION: Waive the reading of the text in its entirety and introduce on first
reading Ordinance No. 1915, "AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION (ND)
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February 15, 2017
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-ZC)."
Motion by Councilmember Mills, seconded by Councilmember Kors,
and unanimously carried (5-0-0) on a roll call vote.
2.C. PROPOSED ORDINANCE TO AMEND THE PALM SPRINGS ZONING
CODE (PSZC) RELATING TO SEPARATION DISTANCE
REQUIREMENTS FOR MEDICAL CANNABIS COOPERATIVES OR
COLLECTIVES AND MEDICAL CANNABIS DISPENSARIES (CASE
5.1218-E ZTA):
Douglas Holland, City Attorney, provided background information as
outlined in the staff report.
Councilmember Kors requested additional information relating to the
distance.
Mayor Pro Tern Foat requested clarification.
Mayor Moon stated concurrence with Mayor Pro Tern Foat's comments
and requested additional information.
Councilmember Kors inquired if this has been discussed with the Palm
Springs Unified School District.
At 8:20 p.m., Mayor Moon opened the public hearing.
Robert Van Roo provided comments relating to an unlicensed
dispensary/cooperative/collective.
Stephen Mueller spoke in support of this item.
Joy Meredith spoke in support of this item and provided comments relating
to an unlicensed dispensary/cooperative/collective.
Steve Rosenberg provided comments on this item and voiced concerns.
At 8:27 p.m., no others came forth to address the Mayor and Council;
therefore, Mayor Moon closed the public hearing.
Councilmember Kors requested additional information relating to the
noticing process for Planning Commission meetings and requested
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February 15, 2017
additional information from the Palm Springs Unified School District before
voting.
ACTION: Waive the reading of the text and introduce for first reading
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 Roberts, seconded by Mayor Pro Tern
Foat, and unanimously carried (5-0-0) on a roll call vote.
At 8:36 p.m. Mayor Moon called for a recess.
At 8:47 p.m. Mayor Moon reconvened the meeting.
3. LEGISLATIVE:
At 8:48 p.m. Councilmember Mills stated he will not participate nor vote on Items 3A
and 3B due to a personal property conflict of interest, and exited the Council Chamber.
3.A. ORDINANCE NO. 1907 REFERENDUM PETITION RELATING TO
VACATION RENTALS:
Kathleen Hart, Interim City Clerk, provided the background information as
provided in the staff report.
ACTION:
1) Receive and file the attached Certificate of Sufficiency for a petition
titled 'Referendum Against an Ordinance Passed by the City Council -
Ordinance No. 1907."
2) Direct staff to prepare necessary documents for further consideration of
the City Council.
Motion Councilmember Kors, seconded by Councilmember Roberts
and unanimously carried 4-0 on a roll call vote.
AYES: Councilmembers Kors, Roberts, Mayor Pro Tem Foat, and
Mayor Moon
NOES: None
ABSENT: Councilmember Mills
3.B. RESCIND ORDINANCE NO. 1907, ADOPT INTERIM URGENCY
ORDINANCE RELATING TO VACATION RENTALS (4l5THS VOTE
REQUIRED), AND INTRODUCE AN ORDINANCE RELATING TO
VACATION RENTALS:
Douglas Holland, City Attorney, provided background information as
outlined in the staff report.
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February 15, 2017
After discussion, the consensus of the City Council was to vote on each
item separately.
ACTION: Waive the reading of the text in its entirety and adopt Ordinance
No. 1917, "AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, RESCINDING ORDINANCE NO. 1907."
Motion by Mayor Pro Tem Foat, seconded by Councilmember Kors,
and carried by a majority (3-1-1, NO-Mayor Moon, ABSENT-Mills) on a
roll call vote.
AYES: Councilmembers Kors, Roberts, and Mayor Pro Tern Foat
NOES: Mayor Moon
ABSENT: Councilmember Mills
ACTION: Waive the reading of the text and adopt Urgency Ordinance No.
..AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.25
OF, AND ADDING SECTION 93.23.16 TO, THE PALM SPRINGS
MUNICIPAL CODE RELATING TO VACATION RENTALS (4/5ths Vote
Required)."
Motion by Councilmember Roberts, seconded by Mayor Pro Tern
Foat, and motion FAILED (3-1-1, NO-Mayor Moon, ABSENT-Mills) on
a roll call vote.
AYES: Councilmembers Kors, Roberts, and Mayor Pro Tern Foat
NOES: Mayor Moon
ABSENT: Councilmember Mills
ACTION: Waive the reading of the text in its entirety and introduce and
refer to the Planning Commission for review and comment, Ordinance
No. 1918, "AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.25 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 on a.majority (4-0-1, ABSENT-Mills) on a roll call vote.
AYES: Councilmembers Kors, Roberts, Mayor Pro Tern Foat, and
Mayor Moon
NOES: None
ABSENT: Councilmember Mills
Councilmember Mills returned to the dais.
4. UNFINISHED BUSINESS: None
13
City Council Minutes Page 14
February 15, 2017
5. NEW BUSINESS:
S.A. FISCAL YEAR 2015-16 AUDIT REPORTS BY THE CITY'S
INDEPENDENT AUDITORS:
David Ready, City Manager, provided background information as provided
in the staff report.
ACTION: Receive and file the Fiscal Year 2015-16 Audit Reports
prepared by the City's independent auditors.
Motion by Councilmember Kors, seconded by Councilmember
Roberts, and unanimously carried (5-0-0) on a roll call vote.
5.B. CONSIDERATION OF REGULATIONS LIMITING THE USE OF
GASOLINE POWERED LEAF BLOWERS:
David Ready, City Manager, provided background information as provided
in the staff report.
Councilmember Kors commended the commission for their hard work, and
requested additional information.
Councilmember Roberts requested additional information, and asked if it
was possible to eliminate the usage of leaf blowers.
After City Council discussion, staff was directed to draft an ordinance
consistent with the Sustainability Commission's recommendation including
phasing out gas powered leaf blowers in favor of the electric leaf blowers,
requiring water saving landscaping classes, and researching grant funds
to help offset the costs including possible monies from the City's Recycling
Fund.
S.C. ADMINISTRATIVE ANALYSIS AND CONFORMITY REPORT FOR A
PROPOSED 3.0 MEGAWATT WIND ENERGY CONVERSION SYSTEM
("WECS") ON TRIBAL TRUST LAND LOCATED SOUTHEAST OF THE
INTERSECTION OF HIGHWAY 111 AND THE 1-10 FREEWAY, 0-5
(OPEN LAND) ZONE:
Flinn Fagg, Director of Planning Services, provided background
information as outlined in the staff report.
ACTION: Adopt Resolution No. 24179, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A CONFORMITY REPORT FOR A PROPOSED 3.0
MEGAWATT WIND ENERGY CONVERSION SYSTEM ("WECS") ON
TRIBAL TRUST LAND LOCATED TO THE SOUTHEAST OF THE
14
City Council Minutes Page 15
February 15, 2017
INTERSECTION OF HIGHWAY 111 AND THE 1-10 FREEWAY (CASE
5.1406)."
Motion by Councilmember Roberts, seconded by Councilmember
Kors, and unanimously carried (5-0-0) on a roll call vote.
PUBLIC COMMENT: (Non-Agenda Items)
Bill McMillan requested the city become a sanctuary city.
Edward Holchauer requested the city become a sanctuary city.
Carlos Pineda requested the city become a sanctuary city.
Ruth Debra requested the city become a sanctuary city.
Patty Lasky requested the city become a sanctuary city.
Brenda Adams requested the city become a sanctuary city.
David Remington requested the city become a sanctuary city.
Chris Paddock requested the city become a sanctuary city.
Phyllis Burgess requested adding the invocation back on the agenda.
Frank Tysen provided comments on the work by the Vacation Rental ad hoc
Subcommittee, Councilmembers Kors and Roberts.
Rick Pantele requested the city become a sanctuary city.
John Rivett requested the city become a sanctuary city.
Mark Matthews stated he is a resident of the Pinnacle Development, owned by Skyline
Development LLC, a California limited liability corporation with the owner in Vancouver.
He requested the following three (3) items be completed by the developer:
1. Completion of the roadways.
2. Completion of the sewer system, including the manholes to be at street level.
3. Placement of the monuments in accordance to the Subdivision Map Act.
COUNCILMEMBER COMMENTS, REQUESTS, REPORTS, AND UPCOMING
AGENDA DEVELOPMENT:
Councilmember Kors stated since the 1980's the City and Police Department have had
policies in place that citizens are not questioned about their immigration status; adding,
he had previously requested an ordinance be placed on the agenda in March which will
broaden the anti-discrimination practices covering many categories, including
15
City Council Minutes Page 16
February 15, 2017
prohibiting officials from requesting information with respect to one's immigration status,
religion, sexual orientation, prohibits profiling based on those categories.
Councilmember Kors requested the following be placed on the March 1, 2017, agenda,
if possible:
1. Apartment Conversions. Recently an ordinance was adopted addressing the
relocation expenses due to the conversion of apartments to hotels and condominiums,
and would like to expand it to address all apartment conversions.
2. Discussion of the Sign Ordinance, the immediate need is to address portable signs.
Councilmember Kors commented on the portable signs on private/public
properties/sidewalks on Palm Canyon. The need for enforcement to ensure ADA
compliance with respect to portable signs. There are some signs placed in the middle of
the sidewalk that does not allow ample space for a wheelchair to turn around.
Councilmember Mills stated the visitors center has approximately 335,000 visitors
annually, and some of the space is leased to others i.e. the Monument, Tribe, and
others. Requested placing on the next agenda consideration of the adjacent property for
potential use by the Tram and Tribe, adding both the Tram and Tribe have made formal
decisions to explore possibilities.
Councilmember Mills stated Mr. Matthews' request is viable, and requested
enforcement and resolution.
Mayor Pro Tem Foat stated the CV Link ad hoc Subcommittee recently held a public
meeting, and another Public Meeting will be held once the EIR Comment Period is
closed.
Mayor Pro Tern Foat stated she and Councilmember Kors had another Homeless Task
Force meeting and will provide a report at the next meeting.
At 11:01 p.m., Mayor Moon recessed the meeting in honor of Vyola Ortner to 9:30 a.m.,
Thursday, February 16, 2017, to continue discussion of EXPOSURE TO LITIGATION,
G.C. 54956.9(b) as posted on the Closed Session agenda; additionally he noted the
next regular meeting will be Wednesday, March 1, 2017, at 6:00 p.m. in the Council
Chamber, City Hall, preceded by Closed Session, in Small Conference Room, City Hall,
3200 East Tahquitz Canyon Way, Palm Springs.
February 16, 2017
At 9:30 a.m., Mayor Moon reconvened the Closed Session meeting in the Small
Conference Room to continue discussion of EXPOSURE TO LITIGATION,
G.C. 54956.9(b) as posted on the Closed Session agenda. Councilmembers Kors, Mills,
Roberts, Mayor Pro Tern Foat, and Mayor Moon were present.
REPORT OF CLOSED SESSION: (Council Chamber) At 11:46 a.m., Douglas Holland,
16
City Council Minutes Page 17
February 15, 2017
City Attorney, reported direction was provided and no reportable action was taken.
ADJOURNMENT: At 11:47 a.m., on Thursday, February 16, 2017, Mayor Moon
adjourned the meeting to the next regular meeting Wednesday, March 1, 2017, at
6:00 p.m. in Council Chamber, City Hall, preceded by Closed Session, Small
Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.
Respectfully submitted,
KATHLEEN D. HART, MMC
Interim City Clerk
CERTIFICATION
STATE OFCALIFORNIA )
COUNTYOF RIVERSIDE
CITY OF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, California, hereby certify that the
February 15, 2017, MINUTES were approved by the City Council of the City of Palm Springs at a regular meeting
held on March 1,2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSAL:
KATHLEEN D. HART, MMC
Interim City Clerk
17
City Council Minutes Page 18
February 15, 2017
CITY COUNCIL Exhibit
AND AS SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF THE PALM SPRINGS
CITY OF PALM SPRINGS, CALIFORNIA
(a
CLOSED SESSION AGENDA
Wednesday, February 15, 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)
Advocates for Better Community Development v. City of Palm Springs
Case No. RIC1615018, Riverside Superior Court, Riverside Division
Advocates for Better Community Development v. City of Palm Springs, Palm Springs
Case No. RIC1512884, Riverside Superior Court, Riverside Division
Elliott Forte v. City of Palm Springs et. a/.
Case No. PSC1404656, Riverside Superior Court, Palm Springs Division
Amy Marschak v. City of Palm Springs; Erik Larson at al
Case 5:17-CV-00055, United States Court, Central District of California
PUBLIC EMPLOYMENT APPOINTMENT G.C. 54957
Position: City Attorney
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
18
City Council Minutes Page 19
February 15, 2017
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)
4 Case(s)
INITIATION OF LITIGATION G.C. 54956.9(c)
3 Case(s)
19
CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
MINUTES
SPECIAL MEETING
10:45 a.m., Monday, February 13, 2017
Palm Springs Convention Center
277 N Avenida Caballeros, Smoketree E, Palm Springs, CA 92262
CALL TO ORDER (Smoketree E):
Mayor Moon called the meeting to order at 10:52 a.m.
Councilmember Mills, Mayor Pro Tem Foat, and Mayor Moon were present.
PUBLIC COMMENT (Smoketree E): None.
RECESS TO CLOSED SESSION (Agua Caliente Boardroom, A/B)
At 10:53 a.m. Councilmember Mills, Mayor Pro Tern Foat, and Mayor Moon recessed to
Closed Session.
At 10:56 a.m. Councilmember Kors arrived.
At 10:57 a.m. Councilmember Roberts arrived.
PUBLIC EMPLOYMENT APPOINTMENT G.C. 54957
Position: City Attorney
REPORT OF CLOSED SESSION (Smoketree E):
At 2:21 p.m. David Ready, City Manager, reported the Mayor and City Council did not take any
reportable action.
ADJOURNMENT (Smoketree E):
At 2:22 p.m. the City Council adjourned to a Regular Meeting, Wednesday,
February 15, 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,
KATHLEEN D. HART, MMC
Interim City Clerk 20
CERTIFICATION
STATEOFCALIFORNIA
COUNTY OF RIVERSIDE J ss.
CITY OF PALM SPRINGS
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, California, hereby certify that the
February 13,2017, MINUTES were approved by the City Council of the City of Palm Springs at a regular meeting held on the
March 1, 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSAL:
KATHLEEN D. HART, MMC
Interim City Clerk
21
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, FEBRUARY 1, 2017
City Hall, Council Chamber
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
CLOSED SESSION
CALL TO ORDER (Council Chamber):
Mayor Moon called the meeting to order at 5:04 p.m.
All Councilmembers were present.
Douglas Holland, City Attorney, requested the City Council consider adding two items.
The information was received after the posting of the agenda.
EXISTING LITIGATION, G.C. 54956.9(a)
Julie K. Nelson v. City of Palm Springs, State of California, Caltrans, at at
Case No. PSC1401755, Riverside Superior Court, Palm Springs Division
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)
ACTION:
1) Find information regarding the existing litigation and real property negotiations
was received after the posting of the Agenda and there is an immediate need to hear
and/or take action.
2) Add to the Closed Session Agenda two (2) items pursuant to Cal. Gov. Code.
Section 54956.9(e)(3) the following item:
EXISTING LITIGATION, G.C. 54956.9(a)
Julie K. Nelson v. City of Palm Springs, State of California, Caltrans, at al
Case No. PSC1401755, Riverside Superior Court, Palm Springs Division
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
%z V
City Council Minutes Page 2
February 1, 2017
Negotiating Parties: Riverside County Economic Development Agency
Under Negotiation: Price and Terms of Payment (Acquisition)
By a unanimous vote (5-0-0) the City Council approved the following:
1) Find information regarding the existing litigation and real property negotiations
was received after the posting of the Agenda and there is an immediate need to hear
and/or take action.
2) Add to the Closed Session Agenda two (2) items pursuant to Cal. Gov. Code.
Section 54956.9(e)(3) the following item:
EXISTING LITIGATION, G.C. 54956.9(a)
Julie K. Nelson v. City of Palm Springs, State of California, Caltrans, et al
Case No. PSC1401755, Riverside Superior Court, Palm Springs Division
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
PUBLIC COMMENT (Council Chamber): None.
RECESS TO CLOSED SESSION (Small Conference Room):
See February 1, 2017, Closed Session Agenda, attached as Exhibit A.
At 5:06 p.m. the Mayor, City Council, City Manager, and City Attorney recessed to
Closed Session.
At 5:35 p.m. David Ready, City Manager, stated he has a conflict of interest and will 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 MEETING
CALL TO ORDER:
Mayor Moon called the meeting to order at 6:09 p.m.
PLEDGE OF ALLEGIANCE:
Girl Scout Troop 579 presented the colors and led the flag salute.
ROLL CALL:
PRESENT: Councilmember Kors, Councilmember Mills, Councilmember Roberts,
Mayor Pro Tem Foat , and Mayor Moon
ABSENT: None
ALSO PRESENT: City Manager Ready, City Attorney Holland, Interim City Clerk Hart
23
City Council Minutes Page 3
February 1, 2017
PRESENTATIONS: None.
CITY MANAGER'S REPORT:
David Ready, City Manager, reported many City staff members will be out of the office
the week of February 6-9, 2017, to attend Emergency Operations/Management Center
training with key staff members of the Agua Caliente Band of Cahuilla Indians.
REPORT OF CLOSED SESSION:
Douglas Holland, City Attorney, reported the judge, in a personal injury matter, Julie
Nelson v. City of Palm Springs, granted a non-suit, the judge found the plaintiff failed to
establish liability. No reportable action was taken.
ACCEPTANCE OF THE AGENDA:
Councilmember Mills stated he will abstain from Item 1C for a business related conflict
of interest.
Councilmember Roberts requested Item 1 C be pulled for separate discussion.
1
ACTION:
Accept the agenda as posted, noting the abstention of Councilmember Mills on Item IC
due to a business related conflict of interest, and removing Item 1C from the Consent
Calendar for discussion.
Motion by Mayor Pro Tem Foat, seconded by Councilmember Mills, and
unanimously carried (5-0-0) on a roll call vote.
PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY)
HENRY HAMPTON, spoke in support of 5A.
MARK TEMPLE, Palm Springs, requested approval for a one-year extension of time for
TTM 33282, Item 5B.
PATRICK WEISS, Palm Springs, spoke opposing 5A.
HAROLD MATZNER, spoke in support of 5A.
Mayor Moon invited Chief Reyes to speak of the crime rate in the City of Palm Springs.
Chief Reyes provided a brief report with respect to crimes in Palm Springs.
24
City Council Minutes Page 4
February 1, 2017
1. CONSENT CALENDAR:
ACTION: Approve Items 1A, 1 B, and 1 D.
Motion Councilmember Kors, seconded by Councilmember Roberts
and unanimously (5-0-0) carried on a roll call vote.
1.A. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of January 18, 2017,
Approved as part of the Consent Calendar.
1.1113. SECOND READING AND ADOPTION OF ORDINANCE NOS. 1913 AND
1914, AUTHORIZING THE LEVY OF SPECIAL TAXES IN A
COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN
ANNEXATION TERRITORIES:
ACTION:
1) Waive the reading of the ordinance text in its entirety and adopt
Ordinance No. 1913, "AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL
TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING
CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION
NO. 14, ICON, TRACT MAP NO. 36725, INTO COMMUNITY FACILITIES
DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES)."
2) Waive the reading of the ordinance text in its entirety and adopt
Ordinance No. 1914, "AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL
TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING
CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION
NO. 15, SUNIA, TRACT MAP NO. 37143, INTO COMMUNITY
FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES)."
Approved as part of the Consent Calendar.
I.D. APPROVAL OF A PRELIMINARY ENGINEERING AGREEMENT WITH
SOUTHERN CALIFORNIA EDISON FOR PAYMENT IN THE AMOUNT
OF $75,000 FOR ENGINEERING SERVICES ASSOCIATED WITH THE
RELOCATION OF UTILITY FACILITIES FOR THE RAMON ROAD
BRIDGE WIDENING OVER THE WHITEWATER RIVER, CP 08-25,
FEDERAL-AID PROJECT NO. BHLS-5282 (040):
ACTION:
1) Approve Preliminary Engineering Agreement with Southern California
Edison in the amount of $75,000 to prepare preliminary design plans for
the relocation of a 66kV Overhead (OH) transmission power line along
Landau Boulevard at Ramon Road, EA 08-925238, Federal Aid Project
No. BHLS-5282(040). A6947. (SCE Preliminary Engineering Agreement
No. 1).
2) Authorize the City Manager to execute all necessary documents.
Approved as part of the Consent Calendar.
25
City Council Minutes Page 5
February 1, 2017
EXCLUDED CONSENT CALENDAR:
I.C. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION
TO RELEASE SUBDIVISION IMPROVEMENT SECURITIES FOR THE
"LINEA" DEVELOPMENT, TRACT MAP 36723:
Councilmember Mills previously declared a conflict of interest and exited the
Council Chamber.
Councilmember Kors requested the names of the individuals of the LLC.
Councilmember Roberts requested additional information with release of
securities.
ACTION: Adopt Resolution No. 24163, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING ACCEPTANCE OF THE SUBDIVISION
IMPROVEMENTS ASSOCIATED WITH TRACT MAP 36723 AND
AUTHORIZING RELEASE OF SECURITIES REQUIRED BY THE
SUBDIVISION IMPROVEMENT AGREEMENT WITH ALTA VERDE
HOMES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FOR
PROPERTY LOCATED AT 1000 BOGERT TRAIL, IN SECTION 35,
TOWNSHIP 4 SOUTH, RANGE 4 EAST."
Motion by Councilmember Roberts, seconded by Councilmember
Kors, and carried by a majority (4-0-1) on a roll call vote.
AYES: Councilmembers Kors, Roberts, Mayor Pro Tem Foat , and
Mayor Moon
NOES: None
ABSENT: Councilmember Mills
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 381NTTM 369691MAJ 3.3902):
Flinn Fagg, Director of Planning Services, provided background
information as provided in the staff report.
ACTION:
1) Table the public hearing with no public testimony at this time.
26
City Council Minutes Page 6
February 1, 2017
2) Continue the Public Hearing to March 1, 2017.
3) Direct the City Clerk to post a Notice of Continued Public Hearing
pursuant to law.
Motion Councilmember Mills, seconded by Councilmember Kors,
and unanimously carried (5-0-0) on a roll call vote.
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
S.A. ACCEPT A $266,800 DONATION FROM HAROLD MATZNER TOWARD
THE PURCHASE OF A BALLISTIC ENGINEERED ARMORED
RESPONSE (B.E.A.R.) TACTICAL SWAT VEHICLE FROM LENCO
ARMORED VEHICLES, INC. FOR THE PALM SPRINGS POLICE
DEPARTMENT AND APPROVE CITY. MATCHING FUNDS TO
ACQUIRE THE VEHICLE:
David Ready, City Manager, provided background information as outlined
in the staff report.
Mayor Pro Tern Foat requested clarification for funding.
Mayor Pro Tern Foat requested additional information with respect to the
other tactical vehicles in the valley.
Councilmember Kors requested clarification on the competitive bidding
process.
Councilmember Mills requested clarification relating to this particular
vehicle, will it be staying in Palm Springs.
ACTION:
1) Accept a $256,800 donation from Harold Matzner toward the purchase
of a Lenco B.E.A.R. Tactical Vehicle.
2) Authorize the matching funds of $256,800, for a total expenditure of
$513,600 - to purchase a new Lenco B.E.A.R. tactical vehicle utilizing
Cooperative Contract GS-07F-169DA from Lenco Armored Vehicles, Inc.
3) Adopt Resolution No. 24164, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
THE BUDGET FOR FISCAL YEAR 2016-17 FOR THE PURCHASE OF A
BALLISTIC ENGINEERED ARMORED RESPONSE (B.E.A.R.)
TACTICAL SWAT VEHICLE."
4) Authorize the City Manager to execute all necessary documents.
Motion by Councilmember Mills, seconded by Councilmember
Roberts, and unanimously carried (5-0-0) on a roll call vote.
27
City Council Minutes Page 7
February 1, 2017
Councilmember Roberts stated his support for this item, the ability to
provide our police officers with additional safety; additionally, he stated
this is one of the best and most important expenditures approved by this
City Council.
5.13. CASA VERONA, LLC, REQUEST FOR A ONE-YEAR EXTENSION OF
TIME FOR TENTATIVE TRACT MAP 33282, A PREVIOUSLY
APPROVED SUBDIVISION OF A 6.1 ACRE PARCEL OF 25 SINGLE-
FAMILY RESIDENTIAL LOTS LOCATED ALONG THE NORTH SIDE
OF E. VERONA ROAD AND WEST OF WHITEWATER RIVER (CASE
5.1035 / TTM 33282):
Flinn Fagg, Director of Planning Services, provided background
information as outlined in the staff report.
ACTION: Direct staff to revise the resolution to approve the request for a
one year extension and present the revised resolution to the City Council
for adoption at a future City Council meeting.
Motion Councilmember Mills, seconded by Mayor Pro Tem Foat and
unanimously carried on a roll call vote.
S.C. AWARD A CONSTRUCTION CONTRACT TO TRI-STAR
CONTRACTING II, INC. IN THE AMOUNT OF $558,994.20 FOR THE
DEMUTH PARK ADA ACCESS IMPROVEMENTS, CP 15-15:
Marcus Fuller, Assistant City Manager/City Engineer, provided
background information as outlined in the staff report.
Councilmember Kors asked the City Attorney for clarification with respect
to rejecting the lowest bidder as being not a responsible bidder.
Councilmember Mills requested additional information relating to the
freestanding bumpers, and the existing restrooms.
ACTION:
1) Reject the lowest bid received from Aghapy Group, Inc., on the basis
that Aghapy Group, Inc., is not a responsible bidder.
2) Award a construction contract to Tri-Star Contracting ll, Inc., in the
amount of $521,098.30 for the Demuth Park ADA Access Improvements,
CP 15-15. A6948.
3) Approve Change Order No. 1 in the amount of $29,091.30 replacing the
proposed decomposed granite walkways with Portland cement concrete
walkways for an increased total contract amount of $550,189.60.
28
City Council Minutes Page 8
February 1, 2017
4) Delegate authority to the City Manager to approve and execute
construction contract change orders up to the cumulative amount of
$50,000.
5) Authorize the City Manager to execute all necessary documents.
Motion Councilmember Roberts, seconded by Mayor Pro Tern Foat,
and unanimously carried (5-0-0) on a roll call vote.
S.D. FISCAL YEAR 2016-17 ALLOCATED POSITIONS AND
COMPENSATION PLAN AMENDMENT NO. 2 ADDING ONE (1) GRANT
AND DONATION OFFICER:
David Ready, City Manager, provided background information as provided
in the staff report.
ACTION:
1) Approve the position Fund Development Director, salary set at
EX2, 59.
2) Adopt Resolution No. 24166, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING AMENDMENT NO. 2 TO THE ALLOCATED POSITIONS
AND COMPENSATION PLAN FOR FISCAL YEAR 2016-17, ADOPTED
BY RESOLUTION NO. 24033."
3) Authorize the City Manager to execute all necessary documents.
Motion Councilmember Roberts, seconded by Councilmember Kors,
and unanimously carried (5-0-0) on a roll call vote.
5.E. DESIGNATION OF A DELEGATE REPRESENTATIVE AND
ALTERNATE REPRESENTATIVE FOR THE 2017 SOUTHERN
CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) GENERAL
ASSEMBLY ON MAY 4, 2017:
ACTION: Appoint Mayor Moon as the Delegate Representative and
appoint Councilmember Mills as the Alternate Delegate Representative for
the 2017 SCAG General Assembly in Palm Desert, California, on
May 4, 2017.
Motion by Mayor Pro Tern Foat, seconded by Councilmember Mills,
and unanimously carried (5-0-0) on a roll call vote.
S.F. APPOINTMENTS TO THE SUSTAINABILITY COMMISSION FOR THE
UNEXPIRED TERMS ENDING JUNE 30, 2017, JUNE 30, 2018, AND
JUNE 30, 2019:
Kathleen Hart, Interim City Clerk, presented the background information
as provided in the staff report.
Councilmember Kors commented on the many qualified candidates.
29
City Council Minutes Page 9
February 1, 2017
ACTION: Appoint Greg Gauthier and Lauri Kibby to the unexpired terms
ending June 30, 2017, Michael Wangler to the unexpired term ending
June 30, 2018, and John Goins to the unexpired term ending June 30,
2019.
Motion Councilmember Kors, seconded by Councilmember Roberts
and unanimously carried on a roll call vote.
David Ready, City Manager, stated he has a conflict of interest and will not be
participating with respect to Item 5G and exited the Council Chamber.
5.G. APPOINT TWO (2) MEMBERS OF THE CITY COUNCIL TO THE OSWIT
CANYON AD HOC SUBCOMMITTEE WITH THE SUNSET DATE OF
DECEMBER 31, 2017:
Marcus Fuller, Assistant City Manager/City Engineer, provided
background information as outlined in the staff report.
ACTION: Appoint Councilmember Kors and Mayor Pro Tern Foat of the
City Council to the Oswit Canyon ad hoc Subcommittee with the sunset
date of December 31, 2017.
Motion Councilmember Mills, seconded by Councilmember Roberts,
and unanimously carried (5-0-0) on a roll call vote.
PUBLIC COMMENT: (Non-Agenda Items)
HENRY HAMPTON, Palm Springs, commented on fatal car accidents.
PHYLLIS CLAIRE BURGESS, Palm Springs, thanked the City Council for their efforts
and requested modification to the conduct of City Council meetings.
COUNCILMEMBER COMMENTS, REQUESTS, REPORTS, AND UPCOMING
AGENDA DEVELOPMENT:
Councilmember Kors reported 1) he and Councilmember Mills have been working on
the sign ordinance and the ad hoc Subcommittee will be meeting with the stakeholders,
and the proposed ordinance will be on the City Council agenda for action in the near
future; 2) announced the next Homelessness Task Force meeting and invited the public
to attend; 3) requested placing on the agenda in March a broad based and proactive
non-discrimination ordinance; further noting the importance of having an ordinance in
place to support current practices.
Mayor Pro Tern Foat stated her support of the comments made by Councilmember Kors
and thanked him for his work.
ADJOURNMENT: At 7:58 p.m. the City Council adjourned to the next Regular Meeting
on Wednesday, February 15, 2017, at 6:00 p.m. Council Chamber, City Hall, preceded
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City Council Minutes Page 10
February 1, 2017
by Closed Session, Small Conference Room, City Hall, 3200 East Tahquitz Canyon
Way, Palm Springs.
Respectfully submitted,
KATHLEEN D. HART, MMC
Interim City Clerk
CERTIFICATION
STATEOFCALIFORNIA )
COUNTYOF RIVERSIDE
CITY OF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, California, hereby certify that the
February 1,2017, MINUTES were approved by the City Council of the City of Palm Springs at a regular meeting held
on the March 1, 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
CITY OF PALM SPRINGS, CALIFORNIA
UE
CLOSED SESSION AGENDA
Wednesday, February 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)
Amy Marschak v. City of Palm Springs; Erik Larson et al
Case 5:17-CV-00055, United States Court, Central District of California
Dennis A. Cunningham and Andrea C. Cunningham individually, and in their capacities
as Trustees of the Cunningham Family Trust Dated 1211412000 v. City of Palm Springs
et. at..
Case No. PSC1606147, Riverside Superior Court, Palm Springs Division
EXPOSURE TO LITIGATION G.C. 54956.9(b}
4 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)
32