HomeMy WebLinkAbout1/18/2017 - STAFF REPORTS - 1.A. CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
QD
MINUTES
WEDNESDAY, DECEMBER 14, 2016
CITY HALL COUNCIL CHAMBER
CALL TO ORDER: Mayor Moon called the meeting to order at 5:06 p.m.
PLEDGE OF ALLEGIANCE: Mayor Moon led the Pledge.
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, City Clerk Thompson.
PRESENTATIONS: The Mayor and City Council presented City Clerk Thompson with a
proclamation and thanked him for his many years of outstanding service.
CITY MANAGER'S REPORT: None.
REPORT OF CLOSED SESSION:
The meeting was called to order at 3:45 p.m. and City Attorney Holland requested the
City Council consider adding one item, City of Palm Springs v. Kenneth Irwin Jr., Case
No. PSC1606276, Riverside Superior Court, Palm Springs Division, to the Closed
Session Agenda. The information was received after the posting of the agenda.
ACTION:
The City Council unanimously (5-0-0) approved 1) Finding information regarding
Existing Litigation was filed and received after the posting of the Agenda and
there is an immediate need to hear and/or take action; and 2) Added to the Closed
Session Agenda one item, City of Palm Springs v. Kenneth Irwin Jr., Case No.
PSC1606276, Riverside Superior Court, Palm Springs Division, pursuant to Cal.
Gov. Code. Section 54956.9(e)(3), to the Closed Session Agenda.
The City Council recessed to Closed Session at 3:49 p.m. to discuss items on the
Closed Session Agenda.
City Attorney Holland provided an update on the Robo Lights case (City of Palm Springs
v. Kenneth Irwin Jr.), and re-affirmed the City has received documentation evidencing
ITEM NO. 2• A-
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December 14, 2016
the installation of certain items at the property is not dangerous or hazardous, and does
not pose a threat to life safety. There are still complaints on this property; however, they
are code violations and enforcements will continue. Additionally, the City Council
provided direction to staff and there was no reportable action.
Councilmember Kors and Mayor Moon provided an update on the recruitment of the in-
house City Attorney.
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson requested the City Council consider adding one item to the
Adjourned Regular Meeting agenda, pursuant to Cal. Gov. Code Section 54954.2(b)
DELEGATE AUTHORITY TO THE CITY MANAGER TO MAKE DECISIONS
RELATING TO DISABILITY RETIREMENT OF LOCAL SAFETY MEMBERS and stated
information was received by the City after the posting the Agenda, and there is an
immediate need to hear and/or take action.
ACTION:
The City Council unanimously (5-0-0) approved on a roll call vote 1) Findings that
the information was received after the posting of the Agenda and there is an
immediate need to hear and/or take action on the Item; and 2) Added one Consent
Calendar item, Item 1.F., DELEGATE AUTHORITY TO THE CITY MANAGER TO
MAKE DECISIONS RELATING TO DISABILITY RETIREMENT OF LOCAL SAFETY
MEMBERS to the Adjourned Regular Meeting Agenda, pursuant to Cal. Gov. Code
Section 54954.2(b).
Councilmember Mills state he will abstain on Item I.A. due to a property ownership
conflict, and Item 1 .B. due to a business conflict.
ACTION:
The City Council unanimously (5-0-0) approved the agenda as presented with the
addition of Item 1.F.
PUBLIC TESTIMONY:
PHYLLIS BURGESS, spoke on the City Council meeting procedures.
SS. STUDY SESSION
SS1. CITY COUNCIL DISCUSSION AND DIRECTION ON THE PROPOSALS
AND ACTIONS OF THE ETHICS, TRANSPARENCY AND
GOVERNMENTAL REFORM TASK FORCE CREATED BY THE CITY
COUNCIL SUBCOMMITTEE (MAYOR MOON AND COUNCILMEMBER
KORS):
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December 14, 2016
Received Reports from the Chairs of the Ethics, Transparency and
Governmental Reform Task Force Working Committees.
Wallace Skok, Ethics Subcommittee, provided a report as outlined in the
final proposal.
David Freedman, Transparency Subcommittee, provided a report as
outlined in the final proposal.
Tobias Wolff, Election Reform Subcommittee, provided a report as
outlined in the final proposal.
Christopher Heritage, Campaign Finances Subcommittee, provided a
report as outlined in the final proposal.
Short Tomlin, Communications Subcommittee, provided a report as
outlined in the final proposal.
Jack Delaney, Grants Subcommittee, provided a report as outlined in the
final proposal.
Lisa Middleton, Diversity/Inclusiveness Subcommittee, provided a report
as outlined in the final proposal.
Councilmember Kors, provided a report on Orientation and Training, as
outlined in the final proposal.
PUBLIC TESTIMONY: (Agenda Items ONLY)
PAUL MERRITT, stated his concerns regarding the CEQA determination as it relates to
Ordinance No. 1907.
MARLA MALASPINA, spoke relating to vacation rentals and the complaints received,
and expressed opposition to certain aspects of the ordinance.
ERICK REDDER, Palm Springs, spoke regarding vacation rental permitting.
PHYLLIS BURGESS, spoke regarding vacation rentals relating to good behavior
rewards.
DAVID BELL, Palm Springs, spoke relating to the cannabis cultivation and requested
the setback be modified.
STEPHEN MUELLER, Palm Springs, spoke regarding Prop 64 and cannabis.
RICK PANTELLE, spoke relating to medical cannabis.
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December 14, 2016
RONALD IAMELE, Palm Springs, spoke regarding the BUZZ operating in residential
neighborhoods.
1. CONSENT CALENDAR:
ACTION:
Approve Consent Calendar Items 1.A., 1.B., 1.C., 1.D., 1.E., and 1.F.
On motion by Councilmember Roberts, seconded by Mayor Pro Tern Foat,
and carried unanimously (5-0-0) on a roll call vote Consent Calendar Items
1.A., 1.B., 1.C., 1.D., 1.E., and I.F. were approved, noting the abstentions of
Councilmember Mills on Items I.A. due to a property ownership conflict
and 1.13. due to a business conflict.
1.A. SECOND READING AND ADOPTION OF ORDINANCE NO. 1907
AMENDING AND RESTATING CHAPTER 5.25 OF THE PALM
SPRINGS MUNICIPAL CODE RELATING TO VACATION RENTALS
AND CEQA DETERMINATION:
ACTION: Waive the second reading of the ordinance text in its entirety
and adopt Ordinance No. 1907, "AN ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING
CHAPTER 5.25 OF THE PALM SPRINGS MUNICIPAL CODE RELATING
TO VACATION RENTALS." Approved as part of the Consent Calendar
and noting the abstention of Councilmember Mills.
I.B. SECOND READING AND ADOPTION OF ORDINANCE NOS. 1908 AND
1909 AMENDING THE PALM SPRINGS MUNICIPAL CODE RELATING
TO MEDICAL CANNABIS REGARDING THE DEVELOPMENT
STANDARDS FOR MEDICAL CANNABIS FACILITIES IN VARIOUS
ZONING DISTRICTS, AND MEDICAL CANNABIS BUSINESSES IN THE
CITY:
ACTION:
1) Waive the second reading of the ordinance text in its entirety and
adopt Ordinance No. 1908, "AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING SECTIONS 93.23.15, 92.17.2.00,
AND SUBSECTION F OF SECTION 92.17.2.03 OF THE PALM SPRINGS
MUNICIPAL CODE RELATING TO MEDICAL CANNABIS FACILITIES;
AMENDING SECTIONS 92.15.01.C, 92.16.01.C, 92.17.01.C, 92.17.1.02,
92,17.2.00, AND 92.17.2.01.0 RELATING TO MEDICAL CANNABIS
MANUFACTURING AND MEDICAL CANNABIS TESTING FACILITIES IN
THE C-M, M-1-P, M-1, M-2, AND E-1 ZONES OF THE CITY; AND
AMENDING SECTIONS 92.14.01.A, 92.14.1.01.A, 92.15.01.A,
92.16.01.A, 92.17.01 .A, AND 92.18.01.A RELATING TO MEDICAL
CANNABIS DISPENSARY FACILITIES IN THE C-2, H-C, C-M, M-1-P, M-
1, M-2, AND A ZONES OF THE CITY."
2) Waive the second reading of the ordinance text in its entirety and
adopt Ordinance No. 1909, "AN ORDINANCE OF THE CITY OF PALM
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December 14, 2016
SPRINGS, CALIFORNIA, ADDING CHAPTER 5.45 TO, AND AMENDING
SECTION 5.35.100 OF, THE PALM SPRINGS MUNICIPAL CODE,
RELATING TO MEDICAL CANNABIS BUSINESSES IN THE CITY OF
PALM SPRINGS." Approved as part of the Consent Calendar and
noting the abstention of Councilmember Mills.
1.C. SECOND READING AND ADOPTION OF ORDINANCE NO. 1910
AMENDING THE PALM SPRINGS MUNICIPAL CODE TO
INCORPORATE EDUCATION REQUIREMENTS ASSOCIATED WITH
WATER EFFICIENT LANDSCAPING FOR LANDSCAPE RELATED
BUSINESSES AS A PREREQUISITE TO OBTAINING A BUSINESS
LICENSE:
ACTION: Waive the second reading of the ordinance text in its entirety
and adopt Ordinance No. 1910, "AN ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING SECTION 5.78.030 OF THE
PALM SPRINGS MUNICIPAL CODE 'OVERSEEDING EDUCATION
REQUIREMENT' TO INCORPORATE REQUIREMENTS FOR
EDUCATION RELATED TO LANDSCAPING WATER EFFICIENCY."
Approved as part of the Consent Calendar.
1.D. ACCEPT THE RESIGNATION OF JOSHUA EDMUNDSON FROM THE
PUBLIC ARTS COMMISSION:
ACTION:
1) Accept with regret the resignation of Joshua Edmundson from the
Public Arts Commission.
2) Direct the City Clerk to post a notice of vacancy for the term ending
June 30, 2017.
Approved as part of the Consent Calendar.
I.E. ACCEPT THE RESIGNATION OF SUZANNE SEVERIN FROM THE
HUMAN RIGHTS COMMISSION:
ACTION:
1) Accept with regret the resignation of Suzanne Severin from the
Human Rights Commission.
2) Direct the City Clerk to post a notice of vacancy for the term ending
June 30, 2017.
Approved as part of the Consent Calendar.
I.F. DELEGATE AUTHORITY TO THE CITY MANAGER TO MAKE
DECISIONS RELATING TO DISABILITY RETIREMENT OF LOCAL
SAFETY MEMBERS:
ACTION:
1) Adopt Resolution No. 24147, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DELEGATING THE CITY MANAGER AUTHORITY TO MAKE CERTAIN
DETERMINATIONS, CERTIFICATIONS, APPLICATIONS AND REQUESTS
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December 14, 2016
RELATING TO DISABILITY RETIREMENT OF LOCAL SAFETY
MEMBERS." A0037.
2) Authorize the Mayor to sign the resolution.
Approved as part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR: None.
2. PUBLIC HEARINGS: None.
3. LEGISLATIVE:
3.A. PROPOSED ORDINANCE EXPANDING THE PARKS AND
RECREATION COMMISSION FROM NINE TO ELEVEN MEMBERS,
APPOINT TWO MEMBERS TO THE COMMISSION, AND AMENDING
THE QUORUM REQUIREMENT FOR THE SUSTAINABILITY
COMMISSION:
ACTION:
1) Waive the reading of the text and introduce by title for first reading
Ordinance No. 1911, "AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING SECTION 2.18.010, AND
SECTION 2.28.020(b) OF THE PALM SPRINGS MUNICIPAL CODE
RELATING TO BOARDS AND COMMISSIONS.
2) Appoint Ellen Goodman to the Parks and Recreation Commission
for the term ending June 30, 2019, and appoint Mark Acker to the Parks
and Recreation Commission for the term ending June 30, 2018, upon the
effective date of Ordinance No. 1911.
On motion by Mayor Pro Tern Foat, seconded by Councilmember
Kors, and carried unanimously (5-0-0) on a roll call vote.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
S.A. APPROVAL OF A PARTIAL RELEASE OF THE PERFORMANCE DEED
OF TRUST FOR BLOCK A-1, BLOCK B, AND BLOCK C OF THE
DOWNTOWN PALM SPRINGS PROJECT:
ACTION: Authorize the City Manager to execute a Substitution of Trustee
and Deed of Partial Reconveyance by and between the City of Palm
Springs (Beneficiary) and Palm Springs Promenade, LLC, (Trustor) for
Block A-1 , Block B, and Block C. A6144.
On motion by Councilmember Mills, seconded by Mayor Pro Tern
Foat, and carried unanimously (5-0-0) on a roll call vote.
S.B. APPOINTMENT OF A CITY COUNCIL STANDING SUBCOMMITTEE
FOR THE BUZZ TROLLEY:
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December 14, 2016
ACTION: Appoint Mayor Moon and Councilmember Mills to a BUZZ
Trolley City Council Standing Subcommittee.
On motion by Councilmember Roberts, seconded by Councilmember
Kors, and carried unanimously (5-0-0) on a roll call vote.
PUBLIC COMMENT: (Non-Agenda Items)
Phyllis Burgess, spoke requesting the invocation be considered at the City Council
meetings.
UPCOMING AGENDA DEVELOPMENT:
City Manager Ready noted the City Council will be holding a Study Session relating to
the Downtown Park at 6:00 p.m. on January 11, 2017, and a joint meeting with the
Planning Commission on February 8, 2017.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Mayor Pro Tern Foat questioned the material received from Ms. Malaspina regarding
vacation rentals, and requested staff to review the statistics provided in her report.
Councilmember Mills thanked the Planning Department, specifically, Glenn Walker,
Associate Planner, for his prompt response to his inquiry relating to the landscaping at
Palm Springs Village, and requested staff to review the landscaping at the Extended
Stay on East Tahquitz Canyon Way between Sunrise and Hermosa which does not
appear to be maintained.
Councilmember Roberts commented on the maintenance of the trees and landscaping
surrounding the new downtown revitalization.
Mayor Pro Tern Foat commented about the Dog Park, and inquired about the College of
the Desert adhoc Subcommittee.
Councilmember Kors provided an update on the Sign Ordinance Subcommittee
meetings and requested an update on the Walk of the Stars.
ADJOURNMENT: The City Council adjourned at 9:17 p.m. to the next regular meeting,
Wednesday, January 4, 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.
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December 14, 2016
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS
18T" DAY OF JANUARY, 2017.
ATTEST:
ROBERT MOON
Mayor
KATHLEEN D. HART, MMC
Interim City Clerk
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