HomeMy WebLinkAbout2016-09-07 CC MINUTES CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
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MEETING MINUTES
WEDNESDAY, SEPTEMBER 7, 2016
CITY HALL COUNCIL CHAMBER
CALL TO ORDER: Mayor Moon called the meeting to order at 6:06 p.m.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge.
ROLL CALL:
PRESENT: Councilmember Foat, Councilmember Kors, Councilmember
Roberts, Mayor Pro Tem Mills, and Mayor Moon.
ABSENT: None.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS:
Mayor Moon provided an update on the activities of the Palm Springs Tram.
CITY MANAGER'S REPORT:
City Manager Ready provided an update on the West Elm grand opening, Blaze Pizza,
and Andaz Hotel, the LUK Palm Springs media coverage, and commented on the State
Controllers preliminary determination regarding the claw-back of the Convention Center
debt payments.
REPORT OF CLOSED SESSION:
The meeting was called to order at 3:00 p.m. and the City Council recessed into Closed
Session to discuss items on the posted Closed Session Agenda. City Attorney Holland
reported the City Council provided direction to City Staff and the City Attorney,
otherwise no reportable actions were taken.
ACCEPTANCE OF THE AGENDA:
Mayor Pro Tern Mills requested Items 1.C. and 11. be removed from the Consent
Calendar for separate discussion.
City Council Minutes
September 7, 2016
Page 2
Councilmember Foat noted her abstention on Consent Calendar Item I.C.
Councilmember Kors noted his abstention on Consent Calendar Item 1.C.
ACTION: Accept the Agenda as amended. Motion Councilmember Roberts,
seconded by Mayor Pro Tem Mills and unanimously carried on a roll call vote.
PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items)
CARRIE ALLEN, Palm Springs, commented on the posted agenda.
FATHER ANDREW GREEN, Palm Springs, commented on Item &A., and noted
support for the proposed firearm regulations.
ROBERT FINDLEY, Palm Springs, commented on Item &A., and noted support for the
proposed firearm regulations.
MICHAEL HARRINGTON, commented on Item 3.A., and noted opposition to the
proposed firearm regulations.
BRUCE TOMINELLO, Palm Springs, commented on Item &A., and noted opposition to
the proposed firearm regulations.
VAL OGBURN, Palm Springs, commented on Item &A., and noted opposition to the
proposed firearm regulations.
THOMAS GILL, Palm Desert, commented on Item 3.A., and noted opposition to the
proposed firearm regulations.
NANCY CARTER, Desert Hot Springs, commented on Item 3.A., and noted opposition
to the proposed firearm regulations.
PHYLLIS BURGESS, Palm Springs, commented on Item &A., and noted opposition to
the proposed firearm regulations.
KEN MILLER, Desert Hot Springs, commented on Item &A., and noted opposition to
the proposed firearm regulations.
BEN MORAN, Indio, commented on Item &A., and noted opposition to the proposed
firearm regulations.
ELISE RICHMOND, Palm Springs, commented on Item 3.A., and noted opposition to
the proposed firearm regulations.
MICHAEL HOWARD, Palm Springs, commented on Item &A., and noted support for the
proposed firearm regulations.
City Council Minutes
September 7, 2016
Page 3
RABBI DAVID LAZAR, Palm Springs, commented on Item 3.A., and noted support for
the proposed firearm regulations.
ANDREW HIRSCH, Palm Springs, commented on Item &A., and noted opposition to
the proposed firearm regulations.
RICHARD NOBLE, Palm Springs, commented on Item 3.A., and noted opposition to the
proposed firearm regulations.
BOB RICHMOND, Palm Springs, commented on Item 3.A., and noted opposition to the
proposed firearm regulations.
DENISE JANSSEN EAGER, Palm Springs, commented on Item 3.A., and noted support
to the proposed firearm regulations.
REV. CHUCK WILHELM, Rancho Mirage, commented on Item 3.A., and noted support
for the proposed firearm regulations.
DORI SMITH, Palm Desert, commented on Item 3.A., and noted support for the
proposed firearm regulations.
JIM STEWART, Palm Springs, commented on Item 3.A., and noted opposition to the
proposed firearm regulations.
DOUG WABISZEWSKI, Desert Hot Springs, commented on Item 3.A., and noted
opposition to the proposed firearm regulations.
LISA MIDDLETON, Palm Springs, commented on Item 3.A., and noted support for the
proposed firearm regulations.
CHARLES SACHS, Palm Springs, commented on Item &A., and noted opposition to
the proposed firearm regulations.
STEVE ROSENBERG, Palm Springs, commented on Item 3.B., and noted his
opposition to the proposed shopping cart regulations.
DAVID SHAHRIARI, Palm Springs, commented on Item 4.A., and noted his support for
the proposed creation of a Tourism Business Improvement District for small hotels.
DAN SMITH, Palm Springs, commented on Item 5.B., and noted support regarding the
proposed traffic calming measures for Racquet Club Road.
MAURICE WILSON, Palm Springs, commented on Item 5.B., and noted support
regarding the proposed traffic calming measures for Racquet Club Road.
City Council Minutes
September 7, 2016
Page 4
1. CONSENT CALENDAR:
ACTION: Approve Items 1.A., 1 .B., 1.D., 1.E., 1.F., 1.G., 1.H., 1.1., 1.J., 1.K.,
1 .M., 1.N., 1.0., 1.P., and I.Q. Motion Councilmember Foat, seconded by
Councilmember Kors and unanimously carried on a roll call vote.
1.A. REPORT ON THE POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the
September 7, 2016, City Council Agenda. Approved as part of the
Consent Calendar.
I.B. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of August 3, 2016, and
June 23, 2016. Approved as part of the Consent Calendar.
1.D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR
THE MONTH OF JULY 2016:
ACTION: Receive and file the report of Staff Authorized Agreements and
Purchase Orders for the period of July 1 through July 31, 2016. Approved
as part of the Consent Calendar.
1.E. APPROVAL OF A FREEWAY MAINTENANCE AGREEMENT WITH THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR
INTERCHANGES ON STATE HIGHWAY ROUTE 10 (INTERSTATE 10)
AT INDIAN CANYON DRIVE AND GENE AUTRY TRAIL/PALM DRIVE:
ACTION: Adopt Resolution No. 24069, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A FREEWAY MAINTENANCE AGREEMENT WITH THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE
INTERCHANGES ON STATE HIGHWAY ROUTE 10 (INTERSTATE 10)
AT INDIAN CANYON DRIVE AND GENE AUTRY TRAIL/PALM DRIVE,
AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CITY OF PALM SPRINGS." A6912.
Approved as part of the Consent Calendar,
I.F. RATIFICATION AND AUTHORIZATION OF PURCHASES FOR THE
2016 AIRPORT MECHANICAL ROOM FIRE:
ACTION: 1) Ratify the actions taken by the City Manager, for the public
health and safety, and agreements for emergency response and
restoration with Daniel's DKI Restoration Services and Titan Power in
response to the 2016 Airport Equipment Room fire; and 2) Authorize the
City Manager to take other such actions as deemed appropriate and
necessary for the response and restoration after the incident. Approved
as part of the Consent Calendar.
City Council Minutes
September 7, 2016
Page 5
1.G. AUTHORIZE AN INCREASE OF $22,098.66 TO PURCHASE ORDER
NO. 15-1066 WITH TRANE RENTAL SERVICES FOR EXTENDED
RENTAL OF A 250 TON CHILLER FOR THE AIRPORT:
ACTION: 1) Authorize an increase in the amount of $22,098.66 to
Purchase Order No. 15-1066 with Trane Rental Services for an extension
of the rental term for a temporary air conditioning chiller at the Airport; and
2) Authorize the City Manager to execute all necessary documents.
Approved as part of the Consent Calendar.
I.H. APPROVAL OF A CONTRACT CHANGE ORDER IN THE AMOUNT OF
$303,055 WITH MATICH CORPORATION FOR THE 2016 PAVEMENT
REHABILITATION, AND AUTHORIZATION TO ENTER INTO A
REIMBURSEMENT AGREEMENT WITH THE COACHELLA VALLEY
ASSOCIATION OF GOVERNMENTS, RELATED TO THE NORTH
INDIAN CANYON DRIVE WIDENING PROJECT (CP 16-01):
ACTION: 1) Authorize the City Manager to execute a Contract Change
Order in the amount of $303,055 to construction contract A6878 with
Matich Corporation for the 2016 Pavement Rehabilitation to include
reconstruction of North Indian Canyon Drive from 19th Avenue to 18th
Avenue to be considered as Phase 1 of the North Indian Canyon Drive
Widening Project (CP 16-01); 2) Authorize the City Manager to enter into a
Reimbursement Agreement with the Coachella Valley Association of
Governments related to the North Indian Canyon Drive Widening Project,
subject to terms and conditions reflecting a credit of the $303,055 cost for
reconstruction of North Indian Canyon Drive from 19th Avenue to 18th
Avenue to the City of Palm Springs' local share and as eligible Regional
Measure A costs; and 3) Authorize the City Manager to execute all
necessary documents. A6878. Approved as part of the Consent
Calendar.
I.I. ACCEPTANCE OF FIRE STATION NO. 4 REHABILITATION
(DEMOLITION & ABATEMENT) PROJECT (CP 15-25):
ACTION: 1) Accept the public works improvement identified as Fire
Station No. 4 Rehabilitation (Demolition & Abatement) as completed in
accordance with the plans and specifications (CP 15-25); and 2) Authorize
the City Engineer to execute and file for recordation with the Riverside
County Recorder a Notice of Completion for Fire Station No. 4
Rehabilitation (Demolition & Abatement) (CP 15-25). A6847. Approved
as part of the Consent Calendar.
1.J. ACCEPTANCE OF THE RAMON ROAD PAVEMENT REHABILITATON
PROJECT FEDERAL AID PROJECT NO. STPLN-5282 (043)
(CP 14-02):
ACTION: 1) Accept the public works improvement identified as the Ramon
Road Pavement Rehabilitation, (CP 14-02) Federal Aid Project No.
STPLN-5282 (043), as completed in accordance with the plans and
City Council Minutes
September 7, 2016
Page 6
specifications; and 2) Authorize the City Engineer to execute and file for
recordation with the Riverside County Recorder a Notice of Completion for
the Ramon Road Rehabilitation (CP 14-02). A6808. Approved as part of
the Consent Calendar.
1.K. ACCEPTANCE OF THE BICYCLE CORRIDORS, PHASE 1 (CP 13-32):
ACTION: 1) Accept the public works improvement identified as the Bicycle
Corridors, Phase 1 as completed in accordance with the plans and
specifications (CP 13-32); and 2) Authorize the City Engineer to execute
and file for recordation with the Riverside County Recorder a Notice of
Completion for the Bicycle Corridors, Phase 1 (CP 13-32). A6674
Approved as part of the Consent Calendar.
1.M. ADOPT THE CITY'S INVESTMENT POLICY GOVERNING THE
INVESTMENT OF CITY FUNDS:
ACTION: Adopt Resolution No. 24070, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
AN INVESTMENT POLICY GOVERNING THE INVESTMENT OF CITY
FUNDS SUPERSEDING RESOLUTION NO. 23529." Approved as part
of the Consent Calendar.
1.N. REQUEST FOR APPROVAL OF MILLS ACT HISTORIC PROPERTY
PRESERVATION AGREEMENTS FOR CLASS 1 HISTORIC SITES
LOCATED AT 928 NORTH AVENIDA PALMAS (THE CARY GRANT
RESIDENCE, HSPB 75), 360 CABRILLO ROAD UNIT 202 (RACQUET
CLUB COTTAGES WEST, HSPB 88/HD 3), 370 WEST ARENAS ROAD
(THE HIDEAWAY HOTEL, HSPB 90), AND 562 WEST ARENAS ROAD
(THE ORBIT IN, HSPB 95):
ACTION: 1) Approve a Mills Act Historic Property Preservation Agreement
with Las Palomas Property Trust for the Class 1 Historic Site located at
928 N. Avenida Palmas (HSPB 75); 2) Approve a Mills Act Historic
Property Preservation Agreement with Giancarlo Montanari for the Class 1
Historic Site located at 360 Cabrillo Road Unit 202 (HSPB 88/1-111D 3); 3)
Approve a Mills Act Historic Property Preservation Agreement with Kevin
Miller and Jin Suk Park for the Class 1 Historic Site located at 370 W.
Arenas Road (HSPB 90); 4) Approve a Mills Act Historic Property
Preservation Agreement with Kevin Miller and Jin Sulk Park for the Class 1
Historic Site located at 562 W. Arenas Road (HSPB 95); 5) Authorize the
City Manager to execute the agreements; and 6) Direct the City Clerk to
record the Agreements. A6903. A6904. A6905. A6906. Approved as part
of the Consent Calendar.
1.0. TREASURER'S INVESTMENT REPORT AS OF JULY 31, 2016:
ACTION: Receive and File the Treasurer's Investment Report as of
July 31, 2016. Approved as part of the Consent Calendar.
City Council Minutes
September 7, 2016
Page 7
1.P. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 24071, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 06-18-2016 BY WARRANTS NUMBERED 419579 THROUGH
419592 TOTALING $23,874.15, LIABILITY CHECKS NUMBERED
1086263 THROUGH 1086280 TOTALING $88,787.86, FIVE WIRE
TRANSFERS FOR $59,473.54, AND THREE ELECTRONIC ACH
DEBITS OF $1,220,717.50 IN THE AGGREGATE AMOUNT OF
$1,392,853.05, DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution
No. 24072, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS
AND DEMANDS BY WARRANTS NUMBERED 1086281 THROUGH
1086400 IN THE AGGREGATE AMOUNT OF $1,784,375.33, DRAWN
ON BANK OF AMERICA;" 3) Adopt Resolution No. 24073, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND
DEMANDS BY WARRANTS NUMBERED 1086401 THROUGH 1086403,
AND W062716 IN THE AGGREGATE AMOUNT OF $172,064.49,
DRAWN ON BANK OF AMERICA;" 4) Adopt Resolution No. 24074, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND
DEMANDS BY WARRANTS NUMBERED 1086404 THROUGH 1086565
IN THE AGGREGATE AMOUNT OF $1,644,141.37, DRAWN ON BANK
OF AMERICA;" 5) Adopt Resolution No. 24075, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1086566 THROUGH 1086572 IN THE AGGREGATE
AMOUNT OF $765,732.31, DRAWN ON BANK OF AMERICA;" 6) Adopt
Resolution No. 24076, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF PAYROLL WARRANTS FOR THE PERIOD ENDED 07-02-2016 BY
WARRANTS NUMBERED 419593 THROUGH 419607 TOTALING
$37,048.73, LIABILITY CHECKS NUMBERED 1086573 THROUGH
1086590 TOTALING $89,040.84, FIVE WIRE TRANSFERS FOR
$75,971.04, AND THREE ELECTRONIC ACH DEBITS OF $1,267,085.16
IN THE AGGREGATE AMOUNT OF $1,469,145.77, DRAWN ON BANK
OF AMERICA;" 7) Adopt Resolution No. 24077, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1086591 THROUGH 1086672 IN THE AGGREGATE
AMOUNT OF $1 ,234,606.50, DRAWN ON BANK OF AMERICA;" 8) Adopt
Resolution No. 24078, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1086673
City Council Minutes
September 7, 2016
Page 8
THROUGH 1086772 IN THE AGGREGATE AMOUNT OF $2,586,777.57,
DRAWN ON BANK OF AMERICA;" 9) Adopt Resolution No. 24079, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL
WARRANTS FOR THE PERIOD ENDED 07-16-2016 BY WARRANTS
NUMBERED 419608 THROUGH 419626 TOTALING $43,568.12,
LIABILITY CHECKS NUMBERED 1086773 THROUGH 1086790
TOTALING $85,763.41, FIVE WIRE TRANSFERS FOR $98,419.95, AND
THREE ELECTRONIC ACH DEBITS OF $1 ,724,243.21 IN THE
AGGREGATE AMOUNT OF $1,951,994.69, DRAWN ON BANK OF
AMERICA;" 10) Adopt Resolution No. 24080, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1086791 THROUGH 1086857 IN THE AGGREGATE
AMOUNT OF $1,233,708.54, DRAWN ON BANK OF AMERICA;" and 11)
Adopt Resolution No. 24081 , "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED
1086858 THROUGH 1086977 IN THE AGGREGATE AMOUNT OF
$3,025,781.03, DRAWN ON BANK OF AMERICA." Approved as part of
the Consent Calendar.
1.0. APPROVE AMENDMENT NO. 3 TO THE AGREEMENT WITH
ADVANCED, INC. DBA PROGREEN BUILDING, INC. FOR
ADDITIONAL JANITORIAL SERVICES REQUIRED FOR THE PALM
SPRINGS ANIMAL SHELTER:
ACTION: 1) Approve Amendment No. 3 to Agreement No. A5728 with
Advanced, Inc., dba Progreen Building, Inc., increasing the janitorial
services in the amount of $7,800.00, for an amended total amount of
$334,648.92 per year; and 2) Authorize the City Manager to execute all
necessary documents. A5728. Approved as part of the Consent
Calendar.
EXCLUDED CONSENT CALENDAR:
Councilmember Foat and Councilmember Kors stated as the City Council delegate and
alternate, they may have an income related conflict of interest with respect to Item 1.C.,
would not participate in the discussion or the vote, and left Council Chamber.
1.C. AMENDMENT TO SUNLINE JOINT-POWERS TRANSPORTATION AGENCY
AGREEMENT:
City Clerk Thompson provided background information as outlined in the Staff
Report dated September 7, 2016.
Mayor Pro Tern Mills noted his opposition to the proposed amendment to the
Sunline Joint-Powers Agreement.
City Council Minutes
September 7, 2016
Page 9
MOTION: Reject Amendment No. 4 to the Joint Powers Agreement. Motion
Mayor Pro Tern Mills, failed for lack of a second.
MOTION: 1) Approve Amendment No. 4 to Agreement No. A1281 for the
SunLine Joint-Powers Transportation Agreement; 2) Authorize the City Manager
to execute Amendment No. 4; and 3) Adopt FPPC Form 806, authorize the City
Manager to prepare and execute FPPC Form 806 Public Official Appointments,
and direct the City Clerk to post on the City's website, if SunLine approves the
payment of a stipend. A1281. Motion Councilmember Roberts, seconded by
Mayor Moon and failed 1-2 on a roll call vote.
AYES: Councilmember Roberts.
NOES: Mayor Pro Tem Mills and Mayor Moon.
ABSENT: Councilmember Foat and Councilmember Kors.
Councilmember Foat and Councilmember Kors returned to the dais.
Later in the meeting the City Council reconsidered this item and approved Item
1.C. (Please see Reconsideration immediately following Public Hearings.)
1.L. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID THE DEMUTH PARK ADA ACCESS
IMPROVEMENTS (CP 15-15):
Mayor Pro Tern Mills requested City Staff address the design of the pathway to
eliminate the installation of rails and parking stops.
ACTION: 1) Approve the plans, specifications and estimate, amending the plans
for rails and parking stops, subject to review and approval by Mayor Pro Tern
Mills; and 2) Authorize staff to advertise and solicit bids for the Demuth Park ADA
Access Improvements (CP 15-15). Motion Mayor Pro Tern Mills, seconded by
Councilmember Foat and unanimously carried on a roll call vote.
2. PUBLIC HEARINGS:
2.A. CALLING AND CONDUCTING THE SPECIAL ELECTION AND
INTRODUCTION OF AN ORDINANCE AUTHORIZING THE LEVY OF
SPECIAL TAXES WITHIN ANNEXATION NO. 13 TO COMMUNITY
FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES):
ACTION: 1) Table the public hearing with no public testimony at this time;
2) Continue the public hearing to September 21, 2016; and 3) Direct the
City Clerk to post a Notice of Continued Public Hearing pursuant to law.
Motion Councilmember Kors, seconded by Councilmember Foat and
unanimously carried on a roll call vote.
City Council Minutes
September 7, 2016
Page 10
2.B. APPEAL BY DENLAR LLC OF THE PLANNING COMMISSION ACTION
TO DENY AN AMENDMENT TO AN APPROVED MAJOR
ARCHITECTURAL APPLICATION FOR A REDUCTION IN THE SIDE
YARD SETBACK OF A NEW HILLSIDE SINGLE-FAMILY RESIDENCE
LOCATED AT 2110 NORTH LEONARD ROAD (CASE 3.3817 MAJ):
Flinn Fagg, Director of Planning Services, provided background
information as outlined in the Staff Report dated September 7, 2016.
Mayor Moon opened the public hearing, and the following speakers
addressed the City Council.
DENNIS FREEMAN, Applicant, noted his developments in the City of
Palm Springs, noted the proposed structure does not impact the
neighbor's solar installation, apologized for his mistake on the building
footprint, commented on his discussions with Staff regarding potential
change, and noted potential changes that could be made to the project for
compliance with the code.
DAVID BARON, Palm Springs, Representing Applicant, apologized for the
errors during the building of the development, and commented on
potential penalty or resolution.
ROBERT DOREN, Palm Springs, stated the developers actions were
inappropriate and undermine the laws and zoning of the City.
DENNIS FREEMAN, Rebuttal, commented on the impact to the neighbor
and indicated he reached out to the neighbor to resolve the error.
No further speakers coming forward, the public hearing was closed.
Councilmember Roberts questioned the process by inspectors on-site,
commented on the Applicant's actions, and requested City Staff to
strengthen the ordinance and to provide for greater penalties.
Mayor Pro Tern Mills commented on the reputation of the developer, noted
the discussion with City Staff, the comparison of hillside development
standards and flat lot standards, stated the development does not impact
any neighbor, and stated the Planning Commission should have reviewed
this as a stand-alone new application and its merits of the project.
Councilmember Foat requested Staff address the standards for a hillside
lot, questioned if the house could be built on the lot, the approval process
by Staff, commented on potential errors by City Staff, and noted a fine
should be imposed and commented on potential impact to the neighbor's
solar installation.
City Council Minutes
September 7, 2016
Page 11
Councilmember Roberts stated this was a not a mistake, but a decision to
build something different than the project approved by the Planning
Commission, but stated the house should not be torn down, but a
substantial fine should be paid.
Mayor Moon stated this was carelessness and a fine should be paid,
stated the house should not be torn down, but a fine should be imposed if
the City has the authority and the structure.
Councilmember Kors questioned the percentage of the house built, stated
the house should not be torn down, and a fine should be negotiated and
returned to the City Council as a condition of approval.
Mayor Pro Tern Mills reiterated the City Council should review the project
as a new application, and if it meets all the qualifications, the project
should be approved.
Councilmember Foat stated the City Council is not considering a new
application, but rather the Planning Commission denial of the project.
Councilmember Kors questioned the options before the Planning
Commission, and stated the City Council has additional options not
available to the Planning Commission.
ACTION: Direct Staff to prepare a resolution to overturn the Planning
Commission decision, grant the appeal, require a certification from the
adjoining property owner regarding solar installation, require an
Administrative Minor Modification to address structure height, and
negotiate a fine as a condition of approval. Motion Councilmember Foat,
seconded by Councilmember Kors and unanimously carried on a roll
call vote.
The City Council recessed at 8:47 p.m.
The City Council reconvened at 8:57 p.m.
2.C. SERENA PARK — PALM SPRINGS COUNTRY CLUB, LLC, FOR A
GENERAL PLAN AMENDMENT, PLANNED DEVELOPMENT DISTRICT
IN LIEU OF ZONE CHANGE, MAJOR ARCHITECTURAL
APPLICATION, DEVELOPMENT AGREEMENT, AND TENTATIVE
TRACT MAP FOR THE REDEVELOPMENT OF THE PALM SPRINGS
COUNTRY CLUB AND APPROXIMATELY 126-ACRES OF
PREVIOUSLY DISTURBED LAND FOR 137 ATTACHED RESIDENCES,
292 DETACHED RESIDENCES, STREETS, PRIVATE OPEN SPACE,
AND PUBLIC PARK LOCATED NORTH OF VERONA ROAD, EAST OF
SUNRISE WAY, AND SOUTHWEST OF THE WHITEWATER RIVER
WASH (CASE NOS. 5.1327 PD-366, ZC, DA, MAJ, AND TTM 36691):
City Council Minutes
September 7, 2016
Page 12
Flinn Fagg, Director of Planning Services, provided background
information as outlined in the Staff Report dated September 7, 2016.
Mayor Moon opened the public hearing, and the following speakers
addressed the City Council.
ERIC TAYLOR, Applicant, addressed the park ownership, stated
amenities will be included in the project, and stated they are in agreement
with the changes that will be made to the project.
GARY FRIEDLE, commented on the Francis Drive access point and
requested an alternative be found.
RENEE SAUNDERS, Palm Springs, stated the development is too big and
dense in relation to the surrounding existing fairway homes.
JEFFREY D'AVANZO, Palm Springs, commented on the Francis Drive
access point and requested an alternative be found.
DENISE JANSEN EAGER, Palm Springs, commented on the Planning
Commission recommendation to use the existing entrance to the
Whitewater Country Club, and the opening of the existing East Gate.
JIM RUSH, Palm Springs, commented on the dedication from Golden
Sand to the City and the ownership of the park.
MARVIN ROOS, Palm Springs, requested clarification on Planning
Commission Condition No. 5.
ERIC TAYLOR, Applicant Rebuttal, commented on the Whitewater
Country Club gate and stated that it up to the homeowners.
The City Council discussed and/or commented on the following with
respect to the project: the use and permission of Golden Sands approval,
the ownership of the proposed park and park fees, the proposed park as a
public benefit for the PDD, the third access point, the impact to Francis
Drive if it is determined to be the third access point, pedestrian access for
Francis Drive, the CVlink access and requiring the segment as a Condition
of Approval, and the cleanup of the current blighted site.
ACTION: 1) Adopt Resolution No. 24082, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
CERTIFYING AN ENVIRONMENTAL IMPACT REPORT FOR A
PROPOSED GENERAL PLAN AMENDMENT, A PLANNED
DEVELOPMENT DISTRICT IN LIEU OF A CHANGE OF ZONE, A
MAJOR ARCHITECTURAL APPLICATION, AND A TENTATIVE MAP
City Council Minutes
September 7, 2016
Page 13
FOR A 386-UNIT RESIDENTIAL DEVELOPMENT ON A 156-ACRE SITE
FORMERLY KNOWN AS THE PALM SPRINGS COUNTRY CLUB GOLF
COURSE, GENERALLY LOCATED NORTH OF VERONA ROAD, EAST
OF SUNRISE WAY AND SOUTHWEST OF THE WHITEWATER RIVER
WASH;" 2) Adopt Resolution No. 24083, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING AN AMENDMENT TO THE 2007 PALM SPRINGS
GENERAL PLAN ADOPTED BY RESOLUTION NO. 22077, MODIFYING
THE LAND USE DESIGNATION FROM "OPEN SPACE —
PARKS/RECREATION" TO "VERY LOW DENSITY RESIDENTIAL" ON A
126-ACRE PROJECT SITE FOR A 386-UNIT RESIDENTIAL
DEVELOPMENT GENERALLY LOCATED NORTH OF VERONA ROAD,
EAST OF SUNRISE WAY AND SOUTHWEST OF THE WHITEWATER
RIVER WASH;" 3) Waive the reading of the ordinance text in its entirety
and introduce for first reading Ordinance No. 1898, "AN ORDINANCE OF
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
PLANNED DEVELOPMENT DISTRICT (PD-366) IN LIEU OF A CHANGE
OF ZONE FOR A ROUGHLY 126-ACRE SITE FORMERLY KNOWN AS
THE PALM SPRINGS COUNTRY CLUB GOLF COURSE GENERALLY
LOCATED NORTH OF VERONA ROAD, EAST OF SUNRISE WAY AND
SOUTHWEST OF THE WHITEWATER RIVER WASH;" 4) Adopt
Resolution No. 24084, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MAJOR
ARCHITECTURAL APPLICATION FOR A 386-UNIT RESIDENTIAL
DEVELOPMENT ON A 126-ACRE DEVELOPMENT PARCEL
GENERALLY LOCATED NORTH OF VERONA ROAD, EAST OF
SUNRISE WAY AND SOUTHWEST OF THE WHITEWATER RIVER
WASH (CASE 5.1327 PD-366/MAJ)," including all Conditions of Approval
by City Staff and the Planning Commission and amending the Conditions
of Approval as follows: (a) Staff to determine if the third access point at
Francis Drive is to be public or emergency vehicles only and pedestrian
access should be maintained, (b) prohibit gates for the development,
(c) The proposed park in the retention basin shall be owned and
maintained by the HOAldevelopment with public access allowed, (d)
adding a condition to require coordinationlresponsibility for the portion of
the CVLink within the project, 5) Adopt Resolution No. 24085, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 36691
FOR THE SUBDIVISION OF 156.18 GROSS ACRES INTO 386
RESIDENTIAL LOTS, PUBLIC AND PRIVATE STREETS, A PARK,
PRESERVED OPEN SPACE, AND PRIVATE OPEN SPACE,
GENERALLY LOCATED NORTH OF VERONA ROAD, EAST OF
SUNRISE WAY, AND SOUTHWEST OF THE WHITEWATER RIVER
City Council Minutes
September 7, 2016
Page 14
WASH (TTM 36691);" and 6) Defer consideration of the Development
Agreement. Motion Councilmember Roberts, seconded by Mayor
Moon and unanimously carried on a roll call vote.
Mayor Pro Tern Mills stated he supported the project but stated his
opposition to the requirement for the public park in the retention basin
owned and maintained by the HOA.
RECONSIDERATION:
Mayor Pro Tem Mills stated he received information regarding Item 1.C., regarding the
agreement with Sunline Transit Agency, and requested the City Council reconsider the
Item.
Councilmember Foat and Councilmember Kors left Council Chamber.
ACTION: Reconsider Item 1.C. regarding Amendment to the Joint Powers Agreement
with Sunline. Motion Mayor Pro Tern Mills, seconded by Mayor Moon and
unanimously carried 3-0 on a roll call vote.
AYES: Councilmember Roberts, Mayor Pro Tern Mills, and Mayor Moon.
NOES: None.
ABSENT: Councilmember Foat and Councilmember Kors.
I.C. AMENDMENT TO SUNLINE JOINT-POWERS TRANSPORTATION AGENCY
AGREEMENT:
Mayor Pro Tern Mills stated he received information that Sunline Board Members
already receive a stipend.
ACTION: 1) Approve Amendment No. 4 to Agreement No. A1281 for the Sunline
Joint-Powers Transportation Agreement; 2) Authorize the City Manager to
execute Amendment No. 4; and 3) Adopt FPPC Form 806, authorize the City
Manager to prepare and execute FPPC Form 806 Public Official Appointments,
and direct the City Clerk to post on the City's website, if Sunline approves the
payment of a stipend. A1281. Motion Mayor Pro Tern Mills, seconded by
Councilmember Roberts and unanimously carried 3-0 on a roll call vote.
AYES: Councilmember Roberts, Mayor Pro Tern Mills, and Mayor Moon.
NOES: None.
ABSENT: Councilmember Foat and Councilmember Kors.
Councilmember Foat and Councilmember Kors returned to the dais.
City Council Minutes
September 7, 2016
Page 15
3. LEGISLATIVE:
3.A. PROPOSED ORDINANCE AMENDING CHAPTER 11.16 OF THE PALM
SPRINGS MUNICIPAL CODE RELATING TO FIREARMS AND
FIREARM SAFETY REGULATIONS:
City Attorney Holland and Councilmember Kors provided background
information as outlined in the Staff Report dated September 7, 2016.
The City Council discussed and/or commented on the following with
respect to the gun safety ordinance: the intended purpose of the
ordinance as gun safety issues, commented on statistical information
regarding children that are victims of unsecured firearms, the meaning of
immediate control and possession, the amount of penalty, options for the
Police Department when receiving information of lost or stolen guns,
potential for government interference in private matters, legislating for
responsibility, enforcement of the ordinance, and enactment of firearm
laws by the State.
ACTION: 1) Waive the reading of the ordinance text in its entirety and
read by title only; and 2) Introduce on first reading Ordinance No. 1899,
"AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING CHAPTER 11.16 OF THE PALM SPRINGS MUNICIPAL
CODE, RELATING TO FIREARMS," amending the ordinance by deleting
the comma in Section 11.16.045 after the word container, appending
Section 11.16.050 with "or trunk,"and removing the phrase "and each day
or portion thereof' in Section 11.16.060(a)(2). Motion Councilmember
Kors, seconded by Councilmember Roberts and carried 3-2 on a roll
call vote.
AYES: Councilmember Kors, Councilmember Roberts, and
Mayor Moon.
NOES: Councilmember Foat and Mayor Pro Tern Mills.
3.B. PROPOSED ORDINANCE AMENDING PALM SPRINGS MUNICIPAL
CODE CHAPTER 11.100, ABATEMENT OF ABANDONED SHOPPING
CARTS, TO FURTHER REDUCE THE NUMBER OF SUCH CARTS
LITTERING PRIVATE PROPERTIES AND THE PUBLIC RIGHTS-OF-
WAY:
Tabled to the next regular meeting.
4. UNFINISHED BUSINESS:
4.A. PROPOSED RESOLUTION INITIATING PROCEEDINGS FOR THE
CREATION OF A TOURISM BUSINESS IMPROVEMENT DISTRICT
FOR SMALL HOTELS:
City Council Minutes
September 7, 2016
Page 16
City Manager Ready provided background information as outlined in the
Staff Report dated September 7, 2016.
ACTION: 1) Adopt Resolution No. 24086, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, INITIATING
PROCEEDINGS TO ESTABLISH A PALM SPRINGS SMALL HOTEL
BUSINESS IMPROVEMENT DISTRICT PURSUANT TO THE PARKING
AND IMPROVEMENT LAW OF 1989;" and 2) Direct Staff as to the City
Council preference to the membership of small hotel TBID Advisory
Board. Motion Councilmember Foat, seconded by Mayor Pro Tem
Mills and unanimously carried on a roll call vote.
5. NEW BUSINESS:
S.A. APPROVE AN AGREEMENT WITH CATHEDRAL CITY FOR THE
CONSTRUCTION AND MAINTENANCE OF THE CATHEDRAL CITY
WHITEWATER BIKE TRAIL:
Marcus Fuller, Assistant City Manager/City Engineer, provided
background information as outlined in the Staff Report dated
September 7, 2016.
Mayor Pro Tern Mills questioned the shade structure and landscaping, and
requested the project go through the normal review and engineering
process.
ACTION: 1) Approve an agreement with the City of Cathedral City
associated with the Whitewater Bike Trail; and 2) Authorize the City
Manager to execute all necessary documents. A6907. Motion
Councilmember Roberts, seconded by .Councilmember Kors and
unanimously carried on a roll call vote.
S.B. APPROVAL OF SPEED CUSHIONS AT TWO LOCATIONS ON WEST
RACQUET CLUB ROAD:
Marcus Fuller, Assistant City Manager/City Engineer, provided
background information as outlined in the Staff Report dated
September 7, 2016.
The City Council discussed the following: questioned if the speed
cushions will hold-up to the heavy construction trucks and the potential to
install other traffic calming devices such as a traffic circle.
ACTION: Authorize the installation of rubberized speed cushions at two
locations on W. Racquet Club Road as requested and approved by the
Little Tuscany Neighborhood in accordance with the City of Palm Springs
Traffic Calming Program at a cost not to exceed $30,000. Motion
City Council Minutes
September 7, 2016
Page 17
Councilmember Roberts, seconded by Mayor Pro Tern Mills and
unanimously carried on a roll call vote.
5.C. PROPOSED MODIFICATIONS TO THE FESTIVAL OF LIGHTS
PARADE ENTRY FEES AND AMENDING THE COMPREHENSIVE FEE
SCHEDULE:
City Clerk Thompson provided background information as outlined in the
Staff Report dated September 7, 2016.
ACTION: Adopt Resolution No. 24087, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
MODIFYING USER FEES FOR THE FESTIVAL OF LIGHTS PARADE
ENTRY FEES AND AMENDING THE COMPREHENSIVE FEE
SCHEDULE ADOPTED BY RESOLUTION NO. 23854," amending the fee
for local businesses to $150 and adding a provision to provide the City
Manager, or designee, discretion to reduce the fee to as low as $25.00 for
a nonprofit for minors marching entry fee based on ability to pay. Motion
Councilmember Roberts, seconded by Councilmember Kors and
carried 4-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember Kors, Councilmember
Roberts, and Mayor Moon.
NOES: Mayor Pro Tern Mills.
5.D. APPOINT TWO MEMBERS OF THE CITY COUNCIL TO THE CITY
COUNCIL DOWNTOWN PUBLIC RESTROOMS, SOLID WASTE, AND
WELWOOD AD HOC SUBCOMMITTEES:
ACTION: 1) Appoint Mayor Moon as a City Council liaison for the
Downtown Public Restroom program; 2) Appoint Mayor Moon and Mayor
Pro Tern Mills to a City Council ad hoc subcommittee for the Welwood
outdoor landscaping project; 3) Appoint Councilmember Kors and
Councilmember Roberts to a City Council standing subcommittee for Solid
Waste. Motion Mayor Pro Tem Mills, seconded by Mayor Moon and
unanimously carried on a roll call vote.
S.E. APPROVE 15 GRANT APPLICATIONS OF UP TO $5,000 EACH IN
ACCORDANCE WITH THE FISCAL YEAR 2014-15 FACADE
IMPROVEMENT PROGRAM GUIDELINES:
Tabled to the next regular meeting.
PUBLIC COMMENT: (Non-Agenda Items)
PHYLLIS BURGESS, Palm Springs, requested the City Council consider adding the
Invocation at City Council meetings.
City Council Minutes
September 7, 2016
Page 18
TIMOTHY SIGLE, Palm Springs, requested the City Council reconsider marketing tools
for small businesses such as A-Frame signs.
CARRIE ALLAN, Palm Springs, requested the City Council consider adding the
Invocation at City Council meetings.
BOB RICHMOND, commented on gun control.
UPCOMING AGENDA DEVELOPMENT:
The City Council discussed the upcoming Special and Joint meeting requests.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS
Councilmember Roberts provided updates for the City Council Plaza Theatre
Subcommittee, and the Vacation Rental Subcommittee, the City Council Office
Subcommittee, the Fundraising Subcommittee, and the Street Naming Subcommittee.
Councilmember Kors requested information on Vacation Rentals on the first meeting in
October and to place a resolution of support of Native American Day on an upcoming
agenda.
ADJOURNMENT: The City Council adjourned at 11:20 p.m. to the next regular meeting
Wednesday, September 21, 2016, 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 PALM PRINGS CITY COUNCIL THIS
2ND DAY OF NOVEMBER, 2016.
ROBERT MOON, MAYOR
ATTEST:
MES THOMPSON, CITY CLERK