HomeMy WebLinkAbout2/15/2017 - STAFF REPORTS - 1.A. CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
MINUTES
WEDNESDAY, JANUARY 25, 2017
City Hall, Council Chamber
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
CLOSED SESSION MEETING
CALL TO ORDER (Council Chamber):
Mayor Moon called the meeting to order at 5:02 p.m.
Douglas Holland, City Attorney reported three (3) items came before the City after the
posting of the agenda, there is an immediate need to hear and/or take action, and
requested the following be added to the Closed Session agenda:
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)
PUBLIC EMPLOYMENT APPOINTMENT G.C. 54957
Position: City Attorney
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
The City Council unanimously approved(5-0-0) 1) Finding information was received
after the posting of the Agenda and there is an immediate need to hear and/or take
action and 2) three (3) items were added to the Closed Session agenda pursuant to
G.C. 54954.2(b), as follows:
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)
PUBLIC EMPLOYMENT APPOINTMENT G.C. 54957
Position: City Attorney
ITEM NO. I• A
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January 25, 2017
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
PUBLIC COMMENT (Council Chamber):
No one came forth to address the City Council.
RECESS TO CLOSED SESSION (Small Conference Room):
See Closed Session Agenda, attached as Exhibit A.
The City Council, City Manager, Assistant City Manager, and City Attorney recessed to
Closed Session in the Small Conference Room at 5:04 p.m.
David Ready, City Manager, stated he has a conflict of interest, did not participate in the
discussion, and exited the Small Conference Room at 5:30 p.m. relating to the
following:
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)
STUDY SESSION AND ADJOURNED REGULAR MEETING
CALL TO ORDER:
Mayor Moon called the meeting to order at 6:08 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Moon led the flag salute.
ROLL CALL:
PRESENT: Councilmembers Kors, Mills, Roberts, Mayor Pro Tern Foat, and
Mayor Moon
ABSENT: None
ALSO PRESENT: City Manager Ready, City Attorney Holland, and Interim City Clerk
Hart
REPORT OF CLOSED SESSION:
Douglas Holland, City Attorney, stated the City Council unanimously approved (5-0-0)
1) Finding information was received after the posting of the Agenda and there is an
immediate need to hear and/or take action and 2) three (3) items were added to the
Closed Session agenda pursuant to G.C. 54954.2(b), as follows:
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January 25, 2017
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)
PUBLIC EMPLOYMENT APPOINTMENT G.C. 54957
Position: City Attorney
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
Additionally, City Attorney Holland reported no reportable action was taken.
PUBLIC TESTIMONY: (Study Session Item ONLY)
CHRIS STEINMAN, Palm Springs, spoke on the Downtown Park.
JEB BONNER, Palm Springs, spoke on the Downtown Park.
DONNA MAC MILLAN, Indian Wells, spoke on the Downtown Park.
KATHY WEREMIUK, Palm Springs, provided some historical information and spoke in
support of the Downtown Park.
SS. STUDY SESSION:
SS1. REVIEW OF THE CONCEPTUAL DESIGN FOR THE DOWNTOWN
PARK:
David Ready, City Manager, provided background information as provided
in the staff report and requested direction.
The following was the consensus of the City Council:
1 . Direct the subcommittee and staff to have conceptual design
prepared by Mark Rios, if he is available. Some of the items to be
included in the conceptual design shall be as follows:
a. Alluminaire House
b. Potential for temporary fencing
c. Restrooms
d. Ability to have two (2) future event stages
e. Location for the Forever Marilyn sculpture
f. Shading
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January 25, 2017
g. Security Plan
h. Ability to recognize and honor the "Desert Inn"
2. Hold a joint meeting at the Convention Center with the Planning
Commission, Public Arts Commission, Architectural Advisory
Committee, Parks and Recreation Commission, and Measure J
Oversight Commission.
PUBLIC TESTIMONY: (Adjourned Meeting Item ONLY)
No one came forth to address the City Council.
1. ADJOURNED MEETING:
I.A. APPOINT TWO (2) MEMBERS OF THE CITY COUNCIL TO THE ANDAZ
HOTEL DEVELOPMENT AD HOC SUBCOMMITTEE WITH THE
SUNSET DATE OF DECEMBER 31, 2017:
ACTION: Appoint Councilmembers Mills and Roberts to the Andaz Hotel
Development Ad hoc Subcommittee with respect to development matters
with the sunset date of December 31, 2017.
Motion by Councilmember Kors, seconded by Mayor Pro Tem Foat,
and unanimously carried (5-0-0) on a roll call vote.
PUBLIC COMMENT: (Non-Agenda Items)
DARYL TERRELL, Moreno Valley, spoke of the new administration in Washington D.C.
ROBERT FINLEY, Palm Springs, commented on the Downtown Park, and stated this
meeting was very informative.
DAVID VOGEL, Measure J Commission Chair, stated support of this project.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Mayor Pro Tern Foat requested placing on the next City Council agenda to form an
Oswit Canyon Ad hoc subcommittee.
Mayor Moon requested updates on the Agua Caliente Band of Cahuilla Indians'
Conformity Report in the downtown area, and the tentative joint meeting with the
Planning Commission to discuss the Planned Development Districts.
David Ready, City Manager, and Flinn Fagg, Director of Planning Services, reported the
comments on the Conformity Report are due March 15, 2017, and recommended
placing this item on the March 1, 2017, City Council agenda.
David Ready, City Manager, and Flinn Fagg, Director of Planning Services, reported the
Planning Commission Ad hoc Subcommittee is currently reviewing the proposed
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January 25, 2017
amendments to the Planned Development District ordinance after which it shall be
reviewed by the entire Planning Commission; therefore, it was recommended that the
joint meeting be postponed from February, 2017, to the Spring of 2017.
Councilmember Kors provided a report on the Homeless Count which took place on
January 24, 2017, and stated staff will be working on it the remainder of this week.
Additionally, he stated he and Mayor Pro Tern Foat spoke to many of the homeless, age
ranging from possibly 15 years old through 83 years old, and the importance of
programs for the homeless.
Mayor Pro Tern Foat, recited some of her conversations with the homeless, and
provided a summary of some of those conversations; additionally, she added she never
felt unsafe, and the public often has the misconception that homelessness and crime
are typically associated. She also commented on the need for programs for the
homeless.
Councilmember Kors provided additional comments regarding the homeless with
respect to employment, insurance, health care, the need to continue programs, for the
homeless, and requested a meeting with the City Manager and the subcommittee.
Mayor Pro Tern Foat spoke of the Riverside County Transportation Commission's
(RCTC) retreat on January 26 and 27, 2017, at the Hyatt in Palm Springs, stated it is an
open meeting, and invited the public to attend. Adding, she serves on a RCTC
subcommittee, and they are in the planning stages of extending rail service to Indio.
Councilmember Kors requested a subcommittee meeting to discuss CDBG.
ADJOURNMENT:
At 8:14 p.m., the City Council adjourned to the next regular meeting, Wednesday,
February 1 , 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.
APPROVED BY A MOTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS ON FEBRUARY 15, 2017.
ATTEST:
ROBERT MOON
Mayor
KATHLEEN D. HART, MMC
Interim City Clerk
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January 25, 2017
CITY COUNCIL EXHIBIT A
AND AS SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF THE PALM SPRINGS
CITY OF PALM SPRINGS, CALIFORNIA
V„o.M`P
CLOSED SESSION AGENDA
Wednesday, January 25, 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.
EXPOSURE TO LITIGATION G.C. 54956.9(b)
4 Case(s).
INITIATION OF LITIGATION G.C. 54956.9(c)
3 Case(s).
06
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 18, 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 4:37 p.m.
PUBLIC COMMENT (Council Chamber):
No one came forth to address the City Council.
RECESS TO CLOSED SESSION (Small Conference Room):
See Closed Session Agenda, attached as Exhibit A.
The City Council, City Manager, Assistant City Manager, and City Attorney recessed to
Closed Session in the Small Conference Room at 4:37 p.m.
REGULAR MEETING
CALL TO ORDER:
Mayor Moon called the meeting to order at 6:06 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Moon led the flag salute.
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, and Interim
City Clerk Hart
PRESENTATIONS: None
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January 18, 2017
CITY MANAGER'S REPORT:
David Ready, City Manager, introduced a new staff member, Arron Brown, Director of
Information Technology.
Chief Reyes reported on the Police Department's policy concerning immigration cases.
He stated the staff does not inquire about the immigration status, unless there is
potential terrorist or criminal activity(ies), in such circumstances, it is referred to Police
Management. Additionally, the Truth Act (AB 2792) became effective 01-01-2017, with
additional safeguards; therefore, the Department is currently analyzing it and will be
adding it to the department's policy.
Chief Reyes provided a report on the traffic safety policy, programs, grants received,
and a summary of the Department's traffic activities.
Mayor Pro Tern Foat spoke of the PS Cares upcoming event dedicating safety vests
(including dog vests). The event will be held on Wednesday, January 25th, at the corner
of Sunrise Way and Ramon Road with a reception to follow at the Mizell Senior Center.
REPORT OF CLOSED SESSION:
Douglas Holland, City Attorney, stated the City Council recessed into Closed Session to
discuss items on the Closed Session Agenda, attached as Exhibit A. The City Council
unanimously authorized the City Attorney to settle the Valentino Bocanegra v. City of
Palm Springs, Case No. INC 1204308, Riverside Superior Court, Indio Division, a copy
of the settlement agreement will be on file in the Office of the City Clerk. A6945.
ACCEPTANCE OF THE AGENDA:
Councilmember Kors requested pulling Item 1 C from the Consent Calendar, and stated
he will be abstaining from Item 1 F due to the fact he serves as an Alternate
Boardmember on the Sunline Transit Board.
Councilmember Mills stated he will be abstaining from the Miraleste portion of Item 1J
due to a property related conflict of interest.
Mayor Pro Tern Foat requested pulling Items 1 E, 1 G, 1 L, and 1 M from the Consent
Calendar, and stated she will be abstaining from Item 1 F due to the fact she serves as a
Boardmember on the Sunline Transit Board.
ACTION: Approve the agenda as amended, removing Consent Calendar Items 1 C, 1 E,
1G, 1L, and 1M for discussion, Mayor Pro Tern Foat and Councilmember Kors will be
abstaining from Item 1 F due to serving on the Sunline Transit Board as a Boardmember
and Alternate Boardmember, and Councilmember Mills will be abstaining from the
Miraleste portion of Item 1 J due to a property related conflict of interest.
Motion by Councilmember Kors, seconded by Councilmember Roberts, and
unanimously carried (5-0-0) on a roll call vote.
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January 18, 2017
PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY)
LARRY JOHNSON, commented in support of Item 5A, and requested consideration to
adding a community bulletin board and seating areas.
ROBERT STONE, commented on Item 5D and voiced his concerns.
JUDY DEERTRACK, commented on Item 5D and voiced her concerns.
JOHN PAVELAK, Palm Springs commented on Item 5E.
NICK MOSICH, commented on Item 5E.
1. CONSENT CALENDAR:
ACTION: Approve Consent Calendar Items 1 A, 1 B, 1 D, 1 F, 1 H, 11, 1 J, 1 K, 1 N,
and 10 noting the abstentions of Mayor Pro Tem Foat and Councilmember Kors
due to serving on the Sunline Transit Board as a Boardmember and Alternate
Boardmember on Item 1 F, and Councilmember Mills from the Miraleste portion of
Item 1 J due to a property related conflict of interest.
Motion by Mayor Pro Tern Foat, seconded by Councilmember Roberts, and
unanimously carried (5-0-0) on a roll call vote noting the abstentions of
Councilmember Kors, Councilmember Mills, and Mayor Pro Tern Foat as
noted above.
1.A. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of December 14, 2016.
Approved as part of the Consent Calendar.
1.13. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION:
1) Adopt Resolution No. 24151, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 11-19-2016 BY WARRANTS NUMBERED 419730 THROUGH
419749 TOTALING $40,384.99, LIABILITY CHECKS NUMBERED
1088995 THROUGH 1089017 TOTALING $88,170.43, FIVE WIRE
TRANSFERS FOR $58,575.66 AND THREE ELECTRONIC ACH DEBITS
OF $1,282,955.97 IN THE AGGREGATE AMOUNT OF $1,470,087.05,
DRAWN ON BANK OF AMERICA."
2) Adopt Resolution No. 24152, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1089018 THROUGH 1089188 IN THE AGGREGATE
AMOUNT OF $2,570,165.29, DRAWN ON BANK OF AMERICA."
Approved as part of the Consent Calendar.
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January 18, 2017
I.D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR
THE MONTH OF DECEMBER 2016:
ACTION: Receive and file the report of Staff Authorized Agreements and
Purchase Orders for the period of December 1 through
December31, 2016.
Approved as part of the Consent Calendar.
1.F. APPROVE AMENDMENT NO. 4 TO AGREEMENT NO. A1281,
SUNLINE JOINT POWERS TRANSPORTATION AGENCY
AGREEMENT:
ACTION:
1) Approve Amendment No. 4 to Agreement No. A1281 for the
SunLine Joint Powers Transportation Agency Agreement.
2) Authorize the City Manager to execute Amendment No. 4. A1281
Approved as part of the Consent Calendar, noting the abstentions of
Councilmember Kors and Mayor Pro Tern Foat.
1.1-1. APPROVAL AND TRANSMITTAL OF RECOGNIZED OBLIGATIONS
PAYMENT SCHEDULE (ROPS 17-18A AND 17-1813) FOR THE PERIOD
OF JULY 1, 2017, THROUGH JUNE 30, 2018, PURSUANT TO
CALIFORNIA HEALTH & SAFETY CODE SECTION 34169(G)(1):
ACTION: [Successor Agency Board] Adopt Resolution No. 24154, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS CAPACITY AS
SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY
REDEVELOPMENT AGENCY, APPROVING THE RECOGNIZED
OBLIGATIONS PAYMENT SCHEDULE (ROPS 17-18A & B) FOR THE
PERIOD OF JULY 1, 2017, THROUGH JUNE 30, 2018, PURSUANT TO
THE CALIFORNIA HEALTH & SAFETY CODE SECTION 34169(G)(1)."
Approved as part of the Consent Calendar.
1.1. APPROVAL OF COACHELLA VALLEY AIR QUALITY ENHANCEMENT
GRANT AGREEMENT IN THE AMOUNT OF $25,000 WITH RIVERSIDE
COUNTY FOR PURCHASE OF AN ELECTRIC VEHICLE AND
AUTHORIZATION TO PURCHASE AN ELECTRIC VEHICLE:
ACTION:
1) Approve a Grant Award and Authorization Agreement, with the County
of Riverside in the amount of $25,000 through the Coachella Valley Air
Quality Enhancement Trust Fund for the Plugin Electric Vehicle Purchase
Project.
2) Authorize Procurement to conduct the appropriate bid processes, or
utilize cooperative purchase contracts if available, in accordance with the
Procurement Ordinance, including a purchase order as necessary to
acquire a new Toyota Prius or alternative electric vehicle in an amount not
to exceed $40,000. A6940.
3) Authorize the City Manager to execute all necessary documents.
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January 18, 2017
Approved as part of the Consent Calendar.
I.J. ACCEPTANCE OF THE SAFE ROUTES TO SCHOOL PROJECT,
FEDERAL AID PROJECT NO. SRTS-5282 (039), CP 08-10:
ACTION:
1) Accept the public works improvement identified as the Safe Routes to
School Project, CP 08-10, Federal Aid Project No. SRTS-5282 (039), as
completed in accordance with the plans and specifications.
2) Authorize the City Engineer to execute and file for recordation with the
Riverside County Recorder a Notice of Completion for the Safe Routes to
School Project, CP 08-10. A6825.
Approved as part of the Consent Calendar, noting the abstention of
Councilmember Mills regarding the Miraleste portion of the project.
1.K. REQUEST BY PALM GROVE GROUP, LLC, OWNER OF PALM
SPRINGS FAN CLUB, FOR A RESOLUTION OF PUBLIC
CONVENIENCE OR NECESSITY (PCN) TO SELL BEER, WINE AND
DISTILLED SPIRITS FOR ON-SITE CONSUMPTION (TYPE 48 — ON
SALE GENERAL — PUBLIC PREMISES) FOR A COCKTAIL LOUNGE
LOCATED AT 1539 AND 1541 NORTH PALM CANYON DRIVE (CASE
5.1402 PCN):
ACTION: Adopt Resolution No. 24155, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DETERMINING THAT PUBLIC CONVENIENCE WOULD BE SERVED
BY THE ISSUANCE OF ALCOHOLIC BEVERAGE CONTROL LICENSE
TYPE 48 (ON SALE GENERAL — PUBLIC PREMISES) FOR PALM
SPRINGS FAN CLUB AT 1539 AND 1541 NORTH PALM CANYON
DRIVE WITHIN CENSUS TRACT NO. 446.06, ZONE C-1 (CASE 5.1402
PCN)."
Approved as part of the Consent Calendar.
1.N. APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG)
REGARDING STREET SWEEPING ON STATE HIGHWAY 111:
ACTION:
1) Approve a Memorandum of Understanding, Reimbursement for Street
Sweeping of State Highways with the Coachella Valley Association of
Governments. A6941.
2) Authorize the City Manager to execute all necessary documents.
Approved as part of the Consent Calendar.
1.0. AMEND EXISTING UTILITY USERS TAX AUDIT CONTRACT WITH
MUNISERVICES, LLC.:
ACTION:
1) Examine the collection of prepaid wireless surcharge by the BOE, using
confidential information gained from the process only for the purpose
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January 18, 2017
related to collection, only disclosing information to an employee
authorized by the resolution to examine the confidential information.
2) MuniServices will not consult nor conduct business on behalf of a
prepaid wireless "seller."
3) MuniServices will not retain any records or information related to the
collection of the prepaid wireless surcharge after the contract has expired.
4) All services performed by MuniServices relating to prepaid mobile
telephone services surcharge. A5768.
Approved as part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
I.C. APPROVE EXTENSION TO THE RECRUITMENT BONUS PROGRAM
FOR HIRING LATERAL POLICE OFFICERS:
Councilmember Kors requested information regarding future hires by the
Police Department.
ACTION:
1) Adopt Resolution No. 24153, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING AN EXTENSION TO THE RECRUITMENT BONUS
PROGRAM FOR HIRING LATERAL POLICE OFFICERS."
2) Authorize the City Manager to execute all necessary documents.
Motion by Councilmember Mills, seconded by Mayor Moon, and
unanimously carried (5-0-0) on a roll call vote.
1.E. ACCEPTANCE OF THE PALM SPRINGS DOG PARK RENOVATIONS,
CP 16-03:
Mayor Pro Tern Foat requested a report regarding the grass at the Dog
Park.
ACTION:
1) Accept the public work improvements, identified as the Palm
Springs Dog Park Renovations CP 16-03, as completed in accordance
with the plans and specifications.
2) Authorize the City Engineer to execute and file for recordation with
the Riverside County Recorder a Notice of Completion for the Palm
Springs Dog Park Renovations, CP 16-03. A6874.
Motion by Councilmember Mills, seconded by Mayor Pro Tern Foat,
and unanimously (5-0-0) carried on a roll call vote.
1.G. CONSIDERATION OF ACQUISITION OF COUNTY SURPLUS
PROPERTY LOCATED AT 63775 DILLON ROAD, APN 666-140-024:
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January 18, 2017
Mayor Pro Tem Foat requested the City Council have the opportunity to
visit the site for possible future City use, and requested this item be placed
on a future agenda.
ACTION: Direct staff to place this item on a future agenda.
Motion Mayor Pro Tem Foat, seconded by Councilmember Kors, and
unanimously carried (5-0-0) on a roll call vote.
1.L. APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE
GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU
FOR PROFESSIONAL AIR SERVICE DEVELOPMENT COST
SHARING:
Mayor Pro Tem Foat requested clarification on cost sharing.
ACTION:
1) Approve an Air Service Memorandum of Understanding with the
Greater Palm Springs Convention and Visitors Bureau in an amount not to
exceed $32,500. A6768.
2) Authorize the City Manager to execute all necessary documents.
Motion Councilmember Mills, seconded by Mayor Moon, and
unanimously carried (5-0-0) on a roll call vote.
1.M. VILLAGEFEST RULES & REGULATIONS:
Mayor Pro Tem Foat requested clarification.
ACTION: Motion by Councilmember Roberts, seconded by Mayor Pro
Tem Foat, and unanimously carried (5-0-0) on a roll call vote the
Villagefest Rules & Regulations was tabled, and staff was directed to
agendize for action at a future City Council meeting.
2. PUBLIC HEARINGS:
2.A. CALLING AND CONDUCTING THE SPECIAL ELECTION AND
INTRODUCTION OF ORDINANCES AUTHORIZING THE LEVY OF
SPECIAL TAXES WITHIN ANNEXATION NO. 14 AND ANNEXATION
NO. 15 TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC
SAFETY SERVICES):
Marcus Fuller, Assistant City Manager/City Engineer, provided the
background information as stated in the staff report.
Mayor Moon opened the public hearing, no one came forth to address the
City Council, and Mayor Moon closed the public hearing.
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January 18, 2017
ACTION:
1) Adopt Resolution No. 24156, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING ANNEXATION NO. 14, ICON, TRACT MAP NO. 36725,
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."
2) Adopt Resolution No. 24157, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING ANNEXATION NO. 15, SUNIA, TRACT MAP NO. 37143,
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
Mills, and unanimously carried (5-0-0) on a roll call vote.
At 6:55 p.m. Mayor Moon called for a brief recess to provide the Interim
City Clerk time to canvass the ballots.
At 7:01 p.m. Mayor Moon reconvened the meeting.
Kathleen Hart, Interim City Clerk, stated special landowner election was
conducted, and the results were as follows:
Annexation No. 14. Total Eligible Votes 6. Total YES Votes 6. Total NO Votes 0.
Annexation No. 15. Total Eligible Votes 5. Total YES Votes 5. Total NO Votes 0.
ACTION:
3) Adopt Resolution No. 24158, "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
PROCEEDING, AND DIRECTING THE RECORDING OF AN
AMENDMENT TO NOTICE OF SPECIAL TAX LIEN FOR ANNEXATION
NO. 14, ICON, TRACT MAP NO. 36725, INTO COMMUNITY FACILITIES
DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES)."
4) Adopt Resolution No. 24159, "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
PROCEEDING, AND DIRECTING THE RECORDING OF AN
AMENDMENT TO NOTICE OF SPECIAL TAX LIEN FOR ANNEXATION
NO. 15, SUNIA, TRACT MAP NO. 37143, INTO COMMUNITY
FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES)."
5) Waive reading of the full text in its entirety and introduce on first
reading by title only, Ordinance No. 1913, "AN ORDINANCE OF THE
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January 18, 2017
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)."
6) Waive reading of the full text in its entirety and introduce on first
reading by title only, 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)."
Motion by Councilmember Mills, seconded by Councilmember
Roberts, and unanimously carried (5-0-0)on a roll call vote.
2.B. HOTEL OPERATIONS INCENTIVE PROGRAM, ALCAZAR PALM
SPRINGS, LLC (ALCAZAR PALM SPRINGS HOTEL), LOCATED AT
622 NORTH PALM CANYON DRIVE, AND DETERMINATION OF A
CEQA CATEGORICAL EXEMPTION:
Mayor Pro Tem Foat stated she has a property related conflict relating
with Item 2B, will not participate in the discussion or vote, and exited the
Council Chamber.
Marcus Fuller, Assistant City Manager/City Engineer, provided the
background information as outlined in the staff report.
Mayor Moon opened the public hearing.
MARCO ROSSETTI, spoke requesting support and approval.
No others came forth to address the City Council and Mayor Moon closed
the public hearing.
ACTION:
1) Approve a Hotel Operations Covenant Agreement with Alcazar
Palm Springs, LLC (Alcazar Palm Springs Hotel) located at 622 North
Palm Canyon Drive. A6942.
2) Authorize the City Manager to execute all necessary documents.
Motion by Councilmember Roberts, seconded by Councilmember
Kors, and carried (4-0-1, Mayor Pro Tem Foat absent) on a roll call
vote.
AYES: Councilmembers Kors, Mills , Roberts, and Mayor Moon
15
City Council Minutes Page 10
January 18, 2017
NOES: None
ABSENT: Mayor Pro Tern Foat
Mayor Pro Tern Foat returned to the dais.
4. UNFINISHED BUSINESS: None
5. NEW BUSINESS:
S.A. APPROVAL OF SCHEMATIC DESIGN FOR FIRE STATION NO. 4 AND
AUTHORIZATION TO PROCEED WITH THE DESIGN DEVELOPMENT
PHASE OF THE FIRE STATION NO. 4 REHABILITATION CP 15-25:
Marcus Fuller, Assistant City Manager/City Engineer, provided the
background information as noted in the staff report.
Councilmember Roberts inquired about implementing community bulletin
boards, voiced concerns regarding the funding, and supports moving
forward with this project.
Mayor Pro Tern Foat requested streamlining and expediting this project
quickly.
Councilmember Mills requested additional details.
ACTION:
1) Approve the final schematic design to remodel and expand Fire
Station No. 4.
2) Authorize initiation of the design development phase and
architectural review for the Fire Station No. 4 Rehabilitation, CP 15-25.
Motion by Councilmember Roberts, seconded by Mayor Pro Tern
Foat, and unanimously carried (5-0-0) on a roll call vote.
S.B. RE-ESTABLISH LOANS FROM FORMER REDEVELOPMENT AGENCY:
David Ready, City Manager, provided the background information as
outlined in the staff report.
ACTION:
[City Council] Adopt Resolution No. 24160, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING AN AGREEMENT TO RE-ESTABLISH LOANS PURSUANT
TO SECTION 34191.4 BY AND BETWEEN THE CITY OF PALM
SPRINGS AND THE SUCCESSOR AGENCY TO THE PALM SPRINGS
COMMUNITY REDEVELOPMENT AGENCY."
[Successor Agency Board] Adopt Resolution No. 24161, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
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City Council Minutes Page 11
January 18, 2017
SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS CAPACITY AS THE
SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY
REDEVELOPMENT AGENCY, APPROVING AN AGREEMENT TO RE-
ESTABLISH LOAN PURSUANT TO SECTION 34191.4 BY AND
BETWEEN THE CITY OF PALM SPRINGS AND THE SUCCESSOR
AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT
AGENCY." A6944.
Motion by Mayor Pro Tern Foat, seconded by Councilmember Mills,
and unanimously carried (5-0-0) on a roll call vote.
5.C. APPROVE REVISED FEE RELATING TO HOMESHARING
REGISTRATION, REVIEW THE VACATION RENTAL
ADMINISTRATIVE REGULATIONS RELATING TO HOMESHARING
PROPERTIES, AND APPROVE AMENDMENT TO THE
COMPREHENSIVE FEE SCHEDULE:
David Ready, City Manager provided the background information as
outlined in the staff report.
Councilmember Mills stated he has a property related conflict; therefore,
will not participate in the discussion or vote of this item and exited the
Council Chamber.
ACTION:
1) Review the Administrative Regulation recognizing Homesharing as
a specific category of vacation rental property and establishing
administrative procedures and practices for Homesharing in the city.
2) Adopt Resolution No. 24162, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
MODIFYING USER FEES FOR HOMESHARING REGISTRATION AND
RENEWAL FEES AND ESTABLISHING CIVIL FINES AND PENALTIES
FOR FALSIFICATION OF APPLICATIONS AND AMENDING THE
COMPREHENSIVE FEE SCHEDULE ADOPTED BY RESOLUTION NO.
23854."
Motion by Councilmember Kors, seconded by Councilmember
Roberts, and carried (4-0-1, Councilmember Mills absent) 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.
S.D. APPROVAL OF AN AGREEMENT WITH CROWELL MORING TO
PROVIDE SUPPLEMENTAL LEGAL SERVICES FOR THE CITY:
17
City Council Minutes Page 12
January 18, 2017
Douglas Holland, City Attorney, provided the background information as
outlined in the staff report, and recommended one change to paragraph 4
of the letter agreement.
From: Also, it is our understanding that in the future the City may ask .....
To: Also, it is our understanding that in the future the City Council may
ask .....
Mayor Pro Tern Foat reiterated the facts relating to this action, and the
need for outside counsel with expertise in connection to the current
investigations and inquiries.
Councilmember Kors spoke of his support for an outside attorney with an
expertise in this area, and stated concerns with the last two sentences,
"Also, it is our understanding that in the future.... and execute a new
engagement letter with each new employee."
ACTION:
1) Approve an agreement with the law firm of Crowell Moring to
provide legal services for the City in an amount not to exceed $60,000,
deleting the last two sentences in paragraph 4, "Also, it is our
understanding that in the future the City may ask Crowell Moring to
represent one or more employees of the City in connection with the matter
that is the subject of this letter. In such an event we will need to screen for
client conflicts and execute a new engagement letter with each employee."
2) Authorize the City Manager to execute the agreement on behalf of
the City. A6943.
Motion by Mayor Pro Tern Foat, seconded by Councilmember Kors,
and unanimously (5-0-0) carried on a roll call vote.
5.E. CONSIDERATION OF A POLICY ON SCIP PUBLIC FINANCING FOR
RESIDENTIAL DEVELOPMENT PROJECTS:
Councilmember Mills stated he has a business related conflict and exited
the Council Chamber.
David Ready, City Manager, provided background information as outlined
in the staff report.
Councilmember Roberts asked for additional details.
Mayor Moon requested additional information, and inquired about the
liability of a Mello-Roos to the City.
Mayor Pro Tern Foat requested additional information with respect to the
rates and amounts.
18
City Council Minutes Page 13
January 18. 2017
Councilmember Kors requested information relating to the number of cities
in Southern California, specifically the Coachella Valley, that allow Mello-
Roos Districts, their impact, and home pricing.
Councilmember Roberts stated his concerns relating to Mello-Roos
Districts.
Mayor Moon stated he is not supportive of this concept without additional
information.
It was the consensus of the City Council to table Item 5E and return with
additional information at a future meeting.
PUBLIC COMMENT: (Non-Agenda Items)
JOY SILVER, requested the city adopt a resolution as a sanctuary city.
LYNN O'NEIL, requested the city adopt a resolution as a sanctuary city.
DAVID CARDEN, spoke of the PS Care for public safety, and the upcoming event.
SHELLY SAUNDERS, spoke of PS Cares and commented on pet safety and the
upcoming fundraising event, January 25, 2017.
PHYLLIS BURGESS, Palm Springs, commented on vacation rentals and requested the
Invocation be added back onto the agenda.
DOTTIE WILDER, provided comments on vacation rentals.
UPCOMING AGENDA DEVELOPMENT:
Councilmember Kors requested 1) City Council Rules and Procedures be placed on a
future agenda, 2) Discussion with respect to an initiative or an ordinance relating to
public safety concerns regarding vacation rentals, and 3) placing on a future agenda a
program for TNC drivers willing to comply with the City's TNC ordinance requiring
random drug and alcohol testing, thus enabling them to pick up at, and deliver to, the
Palm Springs International Airport.
The City Council provided direction to staff and scheduled a Study Session Meeting on
Wednesday, March 8, 2017, to discuss the Agua Caliente Band of Cahuilla Indians' EIR
on the downtown project.
Councilmember Mills commented on the Library renovation, and requested placing the
project on a future agenda for action.
19
City Council Minutes Page 14
January 18, 2017
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Roberts provided a summary of the referendum process.
Mayor Pro Tern Foat requested scheduling an Adhoc Subcommittee meeting for the
renaming of Crossley Road, and an Annexations and Land Acquisitions Subcommittee
meeting.
Councilmember Kors requested scheduling a Sign Ordinance Revision Adhoc
Subcommittee meeting and the stakeholders meeting.
ADJOURNMENT: At 8:31 p.m. the City Council adjourned to a Study Session on
Wednesday, January 25, 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.
APPROVED BY A MOTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS THIS 15th DAY OF FEBRUARY, 2017.
ATTEST:
ROBERT MOON
Mayor
KATHLEEN D. HART, MMC
Interim City Clerk
20
EXHIBUT A
CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF THE PALM SPRINGS
CITY OF PALM SPRINGS, CALIFORNIA
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CLOSED SESSION AGENDA
Wednesday, January 18, 2017 — 4:30 p.m.
City Hall, Small Conference Room
3200 East Tahquitz Canyon Way, Palm Springs
CONFERENCE WITH LEGAL COUNSEL. The City Council finds, based on advice from the
City Attorney, that discussion in open session of the following described matter(s) will prejudice
the position of the City in existing and anticipated litigation.
EXISTING LITIGATION G.C. 54956.9(a)
1. City of Palm Springs as Successor Agency et al. v. Ana Matosantos et al.
Case No. 34-2013-80001440, Sacramento Superior Court, Sacramento Division.
2. Valentino Bocanegra v. City of Palm Springs
Case No. INC 1204308, Riverside Superior Court, Indio 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 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)
21