HomeMy WebLinkAbout10/19/2016 - STAFF REPORTS - 1.A. CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
a
MEETING MINUTES
WEDNESDAY, OCTOBER 5, 2016
CITY HALL COUNCIL CHAMBER
CALL TO ORDER: Mayor Moon called the meeting to order at 6:04 p.m.
PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard, led the
Pledge.
ROLL CALL:
PRESENT: Councilmember Foat, Councilmember Kors, Councilmember
Roberts, and Mayor Moon.
ABSENT: Mayor Pro Tern Mills.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS: None.
CITY MANAGER'S REPORT:
City Manager Ready provided an update on the Fiscal Year 2015-16 operating surplus
and Police Chief Reyes provided an update on the improved 2016 crime statistics for
the City of Palm Springs.
ACCEPTANCE OF THE AGENDA:
Councilmember Foat requested Item 1.K. be removed from the Consent Calendar for
separate discussion, and noted a business related abstention on Item I .F. Warrant No.
1087805.
Councilmember Roberts requested Item 1.P. be removed from the Consent Calendar
for separate discussion.
Councilmember Kors requested Items 1.B., 11. and 1.M. be removed from the Consent
Calendar for separate discussion.
Mayor Moon noted his abstention on Item 1.F. Warrant Nos. 1087706 and 1087707 as
reimbursement checks.
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ACTION: Accept the Agenda as amended. Motion Councilmember Foat, seconded
by Councilmember Kors and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Kors, Councilmember Roberts, and
Mayor Moon.
NOES: None.
ABSENT: Mayor Pro Tern Mills.
REPORT OF CLOSED SESSION:
The meeting was called to order at 4: 30 p.m. and City Attorney Holland requested the
City Council consider adding two items to the Closed Session agenda, pursuant to Cal.
Gov. Code Section 54956.9(d)(1) Existing Litigation: 1) Tore Anderson v. County of
Riverside, Palm Springs Police Department, et al., United States District Court, Central
District, Eastern Division, Case No. EDCV-15-01053-PSG; 2) Advocates for Better
Community Development v. City of Palm Springs, Case No. PSC 1405677, Riverside
Superior Court, Palm Springs Division, and stated the City received information after the
posting of the Agenda and there is an immediate need to hear and/or take action on the
items.
ACTION: 1) Find the Items came to the attention of the City after the posting of the
Agenda and there is an immediate need to hear and/or take action on the items; and
2) Add to the Closed Session Agenda pursuant to Cal. Gov. Code Section
54956.9(d)(1) Existing Litigation two items: i) Tore Anderson v. County of Riverside,
Palm Springs Police Department, et al., United States District Court, Central District,
Eastern Division, Case No. EDCV-15-01053-PSG; and ii) Advocates for Better
Community Development v. City of Palm Springs, Case No. PSC 1405677, Riverside
Superior Court, Palm Springs Division. Motion Councilmember Roberts, seconded
by Councilmember Kors and unanimously carried (4-0) noting the absence of
Mayor Pro Tem Mills.
City Attorney Holland stated the City Council recessed into Closed Session to discuss
items on the Closed Session Agenda and reported the Tort Claim on the Agenda will be
discussed at the next meeting, stated the Advocates for Better Community
Development v. City of Palm Springs litigation was dismissed by the Petitioner, and
stated the City Council provided the City Attorney and City Staff direction, otherwise no
reportable actions were taken.
PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY)
FRED JANDT, Palm Springs, commented on Item 1.M. and requested the City Council
support Measure "CC."
JOEL KINNAMON, Palm Springs, commented on Item I .M. and requested the City
Council support Measure "CC."
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MICHAEL BRAUN, Palm Springs, commented on Item 1.0. and requested the City
Council consider a rehearing for the Crescendo Project.
ROBERT FINDLEY commented on Item 1.0, spoke in opposition to a rehearing for the
Crescendo, and also in opposition to Items 3.A. and 3.B. regarding pedicabs and
Vacation Rentals.
DARYL JAMES, Palm Springs, commented on the renovations of Fire Station No. 4.
LAURA ROVICK, commented on Item 3.A. and stated support for the proposed
regulations for pedicabs.
PATRICIA BRESLIN, Palm Springs, commented on Item 3.A. and the proposed
regulations for pedicabs.
SHANNON MILLER, Palm Springs, commented on Item 3.A. and stated support for the
proposed regulations for pedicabs.
MARLA MALASPINA, Palm Springs, commented on Item 3.B. requested the City
Council support the ordinance and adopt a moratorium on single-family residences.
DIANE BLASDEL, commented on Item 3.B., regarding vacation rentals, and noted her
clients' concerns regarding the proposed ordinance for vacation rentals.
LISA MIDDLETON, Palm Springs, commented on Item 3.13. and requested the City
Council support the proposed ordinance.
JIM FRANKLIN, Palm Springs, commented on Item 3.13. and recommended the City
Council consider amending the ordinance to define an apartment as 5 or more units.
JAIME KOWAL, Palm Springs, commented on Item 3.B. and noted concerns regarding
the proposed ordinance for vacation rentals.
MIKE ZISKIND, Palm Springs, commented on Item 3.13. and requested the City Council
support the ordinance and adopt a moratorium on single-family residences.
STEVE ROSE, Palm Springs, commented on Item 3.B., requested the City Council
support the ordinance and adopt a moratorium on single-family residences.
JOHN-MICHAEL COOPER, Palm Springs, commented on Item 3.B. and noted
concerns regarding the proposed ordinance for vacation rentals.
ERIC JASPER, Palm Springs, commented on Item 3.13. regarding vacation rentals and
requested the City Council consider data rather than emotion.
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MARK HODGIN, Cathedral City, commented on Item 3.13. and noted concerns
regarding the proposed ordinance for vacation rentals.
DEE DEE McCHARLES, Palm Springs, commented on Item 3.B. and noted concerns
regarding the proposed ordinance for vacation rentals.
1. CONSENT CALENDAR:
ACTION: Approve Items 1.A., 1.C., 1.D., 1.E., 1.F., 1.G., 1.H., 1.1., 1.J., 1.N., and
1.0. Motion Councilmember Foat, seconded by Councilmember Roberts
and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Kors, Councilmember
Roberts, and Mayor Moon.
NOES: None.
ABSENT: Mayor Pro Tern Mills.
1.A. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of September 22, 2016.
Approved as part of the Consent Calendar.
I.C. SECOND READING AND ADOPTION OF ORDINANCE NO. 1901
AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY
FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION
TERRITORY IDENTIFIED AS ANNEXATION NO. 13, BOULDERS
TRACT MAP 31095 AND CRESCENDO, TRACT MAP NO. 31766, INTO
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY
SERVICES):
ACTION: Waive the second reading of the ordinance text in its entirety
and adopt Ordinance No. 1901, "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. 13, BOULDERS TRACT MAP 31095 AND CRESCENDO, TRACT
MAP NO. 31766, INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)." Approved as part of the Consent
Calendar.
I.D. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF DESERT
HOT SPRINGS TO THE PALM SPRINGS INTERNATIONAL AIRPORT
COMMISSION FOR THE TERM ENDING DECEMBER 31, 2017:
ACTION: Appoint Russell Betts, as the City of Desert Hot Springs
representative, to the Palm Springs International Airport Commission for
the term ending December 31, 2017. Approved as part of the Consent
Calendar.
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1.E. AWARD A SERVICE CONTRACT TO LLOYD PEST CONTROL FOR
PEST EXTERMINATION AND CONTROL SERVICES FOR ALL CITY-
OWNED BUILDINGS AND FACILITIES INCLUDING THE AIRPORT:
ACTION: 1) Award a contract services agreement for Bid (IFB) 17-01,
Pest Extermination and Control Services, for all City-owned buildings and
facilities including the Airport to Lloyd Pest Control for an initial three-year
term at the fixed cost of $14,520.00 annually (total contract amount of
$43,560.00), with two one-year renewal options subject to a CPI increase,
at the mutual consent of the City and contractor; and 2) Authorize the City
Manager to execute all necessary documents. A6910. Approved as part
of the Consent Calendar.
1.F. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 24105, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 08-27-2016 BY WARRANTS NUMBERED 419653 THROUGH
419668 TOTALING $31,608.35 LIABILITY CHECKS NUMBERED
1087494 THROUGH 1087511 TOTALING $85,950.92, FIVE WIRE
TRANSFERS FOR $58,502.07, AND THREE ELECTRONIC ACH
DEBITS OF $1,303,234.46 IN THE AGGREGATE AMOUNT OF
$1,479,295.80, DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution
No. 24106, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS
AND DEMANDS BY WARRANTS NUMBERED 1087512 THROUGH
1087598 IN THE AGGREGATE AMOUNT OF $626,768.66, DRAWN ON
BANK OF AMERICA;" 3) Adopt Resolution No. 24107, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY
WARRANTS NUMBERED 1087599 THROUGH 1087736 IN THE
AGGREGATE AMOUNT OF $1,467,006.65, DRAWN ON BANK OF
AMERICA;" 4) Adopt Resolution No. 24108, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 09-10-2016 BY WARRANTS NUMBERED 419669 THROUGH
419681 TOTALING $24,693.68, LIABILITY CHECKS NUMBERED
1087737 THROUGH 1087754 TOTALING $85,855.49, FIVE WIRE
TRANSFERS FOR $64,204.23, AND THREE ELECTRONIC ACH
DEBITS OF $1,287,104.33 IN THE AGGREGATE AMOUNT OF
$1,461,857.73, DRAWN ON BANK OF AMERICA;" and 5) Adopt
Resolution No. 24109, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1087755
THROUGH 1087865 OF $1,911,999.04, DRAWN ON BANK OF
AMERICA;" Approved as part of the Consent Calendar, noting the
abstention of Mayor Moon on Warrant Nos. 1087706 and 1087707 as
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reimbursement checks, and the business related abstention of
Councilmember Foat on Warrant No. 1087805.
I.G. TREASURER'S INVESTMENT REPORT AS OF AUGUST 31, 2016:
ACTION: Receive and File the Treasurer's Investment Report as of
August 31, 2016. Approved as part of the Consent Calendar.
1.H. APPROVAL OF A NOTICE TO PROCEED TO VEOLIA WATER WEST
OPERATING SERVICES, INC., IN THE AMOUNT OF $90,568 FOR THE
CALLE PALO FIERRO SEWER LINE REPLACEMENT (CP 16-14):
ACTION: Authorize the City Engineer to issue a Notice to Proceed to
Veolia Water West Operating Services, Inc., in the amount of $90,568 for
the construction of the Calle Palo Fierro Sewer Line Replacement (CP 16-
14). Approved as part of the Consent Calendar.
I.I. APPROVAL TO TRANSFER A FLOOD CONTROL AND DRAINAGE
EASEMENT TO THE ALTA NEIGHBORHOOD ASSOCIATION:
ACTION: Authorize the City Manager to execute a Quitclaim Deed
transferring an existing flood control and drainage easement over that
certain parcel of land identified by Assessor's Parcel Number 512-290-041
to the ALTA Neighborhood Association. Approved as part of the
Consent Calendar.
1.J. APPROVE MASTER AGREEMENT, ADMINISTERING AGENCY-STATE
AGREEMENT FOR FEDERAL-AID PROJECTS, WITH THE STATE OF
CALIFORNIA, STATE AGREEMENT NO. 08-5282F15 AND PROGRAM
SUPPLEMENT AGREEMENT NO. F044, WITH THE STATE OF
CALIFORNIA FOR USE OF HIGHWAY SAFETY IMPROVEMENT
PROGRAM (HSIP) FEDERAL-AID FUNDS FOR TRAFFIC SIGNAL
MODIFICATIONS (CP 15-32) FEDERAL-AID PROJECT NO. HSIPL-
5282 (046):
ACTION: Adopt Resolution No. 24110, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING THE MASTER AGREEMENT, ADMINISTERING AGENCY—
STATE AGREEMENT FOR FEDERAL-AID PROJECTS, STATE
AGREEMENT NO. 08-5282F15, APPROVING PROGRAM
SUPPLEMENT AGREEMENT NO. F044 TO ADMINISTERING AGENCY-
STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282F15
WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $295,000
FOR USE OF HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP)
FEDERAL-AID FUNDS FOR TRAFFIC SIGNAL MODIFICATIONS,
FEDERAL-AID PROJECT NO. HSIPL-5282 (046); AND AUTHORIZING
THE CITY MANAGER TO EXECUTE THE AGREEMENTS ON BEHALF
OF THE CITY OF PALM SPRINGS (CP 15-32)." A6911. Approved as
part of the Consent Calendar.
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1.N. DECLARE RENT REVIEW COMMISSION APPOINTIVE POSITION AS
VACANT PURSUANT TO CHARTER SECTION 605(f):
ACTION: 1) Declare the Rent Review Commission appointive office held
by Elijah Stiny vacant; and 2) Direct the City Clerk to post a Notice of
Vacancy. Approved as part of the Consent Calendar.
1.0. CONSIDERATION OF A REQUEST FOR A REHEARING OF THE CITY
COUNCIL'S DENIAL OF AN APPEAL FOR AN EXTENSION OF TIME
REQUEST FOR THE CRESCENDO PLANNED DEVELOPMENT
DISTRICT (PDD 294); A PREVIOUSLY APPROVED PROJECT
CONSISTING OF A TENTATIVE TRACT MAP (TTM 31766), AND
PLANNED DEVELOPMENT DISTRICT 294 FOR THE CONSTRUCTION
OF 79 HOMES LOCATED AT W. RACQUET CLUB ROAD AND VISTA
GRANDE AVENUE; (CASE 5.0996/PDD 294/TTM 31766):
ACTION: No action taken.
EXCLUDED CONSENT CALENDAR:
I.B. SECOND READING AND ADOPTION OF ORDINANCE NO. 1900
APPROVING PLANNED DEVELOPMENT 379 IN LIEU OF A CHANGE OF
ZONE FOR A 12.38-ACRE SITE ADDRESSED AT 777 SOUTH PALM
CANYON DRIVE AND BOUNDED BY PALM CANYON DRIVE TO THE EAST,
TAHQUITZ CREEK (WASH) TO THE NORTH, BELARDO ROAD TO THE
WEST AND PRIVATE PROPERTY TO THE SOUTH:
Councilmember Kors stated he will be voting against the ordinance and
explained the reasons.
ACTION: Waive the second reading of the ordinance text in its entirety and adopt
Ordinance No. 1900, "AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING PLANNED DEVELOPMENT 379 IN LIEU OF A
CHANGE OF ZONE FOR A 12.38-ACRE SITE ADDRESSED AT 777 SOUTH
PALM CANYON DRIVE AND BOUNDED BY PALM CANYON DRIVE TO THE
EAST, TAHQUITZ CREEK (WASH) TO THE NORTH, BELARDO ROAD TO
THE WEST AND PRIVATE PROPERTY TO THE SOUTH." Motion
Councilmember Roberts, seconded by Councilmember Foat and carried 3-1
on a roll call vote.
AYES: Councilmember Foat, Councilmember Roberts, and Mayor Moon.
NOES: Councilmember Kors.
ABSENT: Mayor Pro Tern Mills.
1.K. APPROVAL OF AMENDMENT NO. 2 IN THE AMOUNT OF $70,000 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH ARCHITECTURAL
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RESOURCES GROUP, INC. FOR THE CORNELIA WHITE HOUSE EXTERIOR
REPAIRS (CP 15-16):
Marcus Fuller, Assistant City Manager/City Engineer, provided background
information as outlined in the Staff Report dated October 5, 2016.
The City Council discussed the contract scope of work and cost, and the overall
cost for the complete renovation of the historic site.
ACTION: 1) Appoint Councilmember Roberts as the City Council project liaison;
2) Direct Staff to research available grants; and 3) Table the Item. Motion
Councilmember Foat, seconded by Councilmember Roberts and
unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Kors, Councilmember
Roberts, and Mayor Moon.
NOES: None.
ABSENT: Mayor Pro Tem Mills.
1.L. PROPOSED RESOLUTION IN SUPPORT OF PALM SPRINGS UNIFIED
SCHOOL DISTRICT'S BALLOT MEASURE "I" ADDRESSING SCHOOL
INFRASTRUCTURE IMPROVEMENTS AND UPGRADES THROUGHOUT THE
DISTRICT:
ACTION: Adopt Resolution No. 24111, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN SUPPORT OF
THE PALM SPRINGS UNIFIED SCHOOL DISTRICT'S MEASURE "I" ON THE
NOVEMBER 2016, GENERAL ELECTION BALLOT ADDRESSING SCHOOL
INFRASTRUCTURE IMPROVEMENTS AND UPGRADES THROUGHOUT THE
DISTRICT." Motion Councilmember Kors, seconded by Councilmember
Roberts and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Kors, Councilmember
Roberts, and Mayor Moon.
NOES: None.
ABSENT: Mayor Pro Tem Mills.
1.M. PROPOSED RESOLUTION IN SUPPORT OF COLLEGE OF THE DESERT'S
BALLOT MEASURE "CC" APPROVING A GENERAL OBLIGATION BOND
ON THE NOVEMBER 8, 2016, BALLOT:
ACTION: Adopt Resolution No. 24112, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN SUPPORT OF
THE COLLEGE OF THE DESERT'S MEASURE "CC" GENERAL OBLIGATION
BOND ON THE NOVEMBER 2016, GENERAL ELECTION BALLOT
ADDRESSING THE LONG-TERM NEEDS OF THE COLLEGE AND THE
LOCAL COMMUNITY." Motion Councilmember Kors, seconded by
Councilmember Foat and unanimously carried 4-0 on a roll call vote.
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AYES: Councilmember Foat, Councilmember Kors, Councilmember
Roberts, and Mayor Moon.
NOES: None.
ABSENT: Mayor Pro Tem Mills.
1.P. APPROVE A PURCHASE FROM OUTDOOR CREATIONS FOR
REPLACEMENT BENCHES FOR DOWNTOWN, UPTOWN, AND INDIAN
CANYON:
The City Council discussed the proposed benches, potential AAC Subcommittee
to review the bench selection, and the process to move forward.
ACTION: 1) Table the Item; 2) City Staff, Councilmember Roberts, Downtown
and Uptown Business Representatives to narrow the selection of potential
benches; and 3) Send the selections to a committee of the AAC to also include
Doug Hudson. Motion Councilmember Roberts, seconded by
Councilmember Kors and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Kors, Councilmember
Roberts, and Mayor Moon.
NOES: None.
ABSENT: Mayor Pro Tern Mills.
2. PUBLIC HEARINGS:
2.A. PALM SPRINGS PRESERVATION FOUNDATION (PSPF) ON BEHALF
OF THE DESERT STAR HOMEOWNERS ASSOCIATION (OWNERS)
FOR CLASS 1 HISTORIC DESIGNATION OF 1611 SOUTH CALLE
PALO FIERRO "THE DESERT STAR APARTMENTS" ZONE R-2 AND
CEQA DETERMINATION (MASTER APN 508-353-002) (HSPB 102):
Flinn Fagg, Director of Planning Services, provided background
information as outlined in the Staff Report dated October 5, 2016.
Mayor Moon opened the public hearing, and the following speakers
addressed the City Council.
BARBARA MARSHALL, provided background information on the historic
site, the preparation of the report and requested the City Council support
the designation.
No further speakers coming forward, the public hearing was closed.
ACTION: Adopt Resolution No. 24113, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DESIGNATING 1611 SOUTH CALLE PALO FIERRO THE DESERT
STAR APARTMENT AS CLASS 1 HISTORIC SITE SUBJECT TO
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CONDITIONS AND APPROVING A DETERMINATION THAT THE
ACTION IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) (HSPB 102)." Motion
Councilmember Roberts, seconded by Councilmember Kors and
unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Kors, Councilmember
Roberts, and Mayor Moon.
NOES: None.
ABSENT: Mayor Pro Tem Mills.
2.113. PETER DIXON ON BEHALF OF THE PARK IMPERIAL SOUTH HOA
REQUESTING HISTORIC DISTRICT DESIGNATION FOR THE PARK
IMPERIAL SOUTH CONDOMINIUMS LOCATED AT 1750 TO 1844
SOUTH ARABY DRIVE, ZONE R-3 CEQA DETERMINATION
(HSPB 103/HD 6):
Flinn Fagg, Director of Planning Services, provided background
information as outlined in the Staff Report dated October 5, 2016.
Mayor Moon opened the public hearing, and the following speakers
addressed the City Council.
RON MARSHALL, provided background information on the historic district,
the preparation of the report and requested the City Council support the
historic district designation.
No further speakers coming forward, the public hearing was closed.
ACTION: Adopt Resolution No. 24114, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DESIGNATING THE PARK IMPERIAL SOUTH CONDOMINIUM
COMPLEX LOCATED AT 1750 — 1844 SOUTH ARABY DRIVE AS
HISTORIC DISTRICT 6 (COMMON AREA APN 510-070-031) AND
APPROVING A DETERMINATION THAT THE ACTION IS
CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)(HSPB 103/HD 6)." Motion
Councilmember Roberts, seconded by Councilmember Kors and
unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Kors, Councilmember
Roberts, and Mayor Moon.
NOES: None.
ABSENT: Mayor Pro Tem Mills.
2.C. PUBLIC MEETING AND ADOPTION OF A RESOLUTION OF
INTENTION TO ESTABLISH THE PALM SPRINGS SMALL HOTEL
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TOURISM BUSINESS IMPROVEMENT DISTRICT AND SETTING THE
PUBLIC HEARING FOR NOVEMBER 2, 2016:
City Clerk Thompson provided background information as outlined in the
Staff Report dated October 5, 2016.
Mayor Moon opened the public hearing, and no speakers coming forward
the public hearing was closed.
ACTION: 1) Adopt Resolution No. 24115, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING ITS INTENTION TO ESTABLISH THE PALM SPRINGS
SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT TO
LEVY ASSESSMENTS WITHIN THE DISTRICT AND SETTING A TIME
AND PLACE FOR HEARING OBJECTIONS THERETO;" 2) Direct the City
Clerk to prepare notice and mail the resolution of intention to all small
hotels within the District and publish the resolution of intention as required
by law; and 3) Appoint the President and three members of the Small
Hotels of Palm Springs, the President and three members of Desert Gay
Tourism Guild, as the Palm Springs Small Hotel Tourism Business
Improvement District Advisory Board and order the Advisory Board Report
on the proposed assessment and proposed activities for the first year, for
review by the City Council at the November 2, 2016, Public Hearing.
Motion Councilmember Foat, seconded by Councilmember Kors and
unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Kors, Councilmember
Roberts, and Mayor Moon.
NOES: None.
ABSENT: Mayor Pro Tern Mills.
2.D. DEVELOP GOOD, LLC FOR A MAJOR ARCHITECTURAL
APPLICATION AND PLANNED DEVELOPMENT DISTRICT
AMENDMENT TO CONSTRUCT A 66-ROOM, THREE-STORY HOTEL
BUILDING WITHIN THE PLAZA DEL SOL SHOPPING COMPLEX
LOCATED AT 1555 SOUTH PALM CANYON DRIVE (CASE 3.3937 MAJ
AND 5.0177 PD-131 AMEND):
Flinn Fagg, Director of Planning Services, provided background
information as outlined in the Staff Report dated October 5, 2016.
Mayor Moon opened the public hearing, and the following speakers
addressed the City Council.
CHRIS PARDO, Applicant, commented on the background for submission
of the project to the AAC and the Planning Commission, the size of the
restaurant, the building height, moving density from the pool area, and the
overall benefits of the project.
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ROBERT FINDLEY, Palm Springs, commented on noise and stated his
support for the project.
CHRIS PARDO, Applicant Rebuttal, commented on the public benefit as
required by the PDD process.
No further speakers coming forward, the public hearing was closed.
The City Council discussed and/or commented on the following:
community and neighborhood support of the project, the benefit of the
model of the project, no request for TOT incentive agreement, the public
benefit and the Planning Commission discussion of the public benefit, and
the Developer obligation by assuming the prior incentive grant..
ACTION: Adopt Resolution No. 24116, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
A NEGATIVE DECLARATION AND APPROVING THE CONSTRUCTION
OF A 66-ROOM HOTEL WITHIN THE EXISTING PLAZA DEL SOL
SHOPPING CENTER LOCATED AT 1555 SOUTH PALM CANYON
DRIVE (CASE 3.3937 MAJ AND 5.0177 PD-131 AMEND)." Motion
Councilmember Roberts, seconded by Mayor Moon and unanimously
carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Kors, Councilmember
Roberts, and Mayor Moon.
NOES: None.
ABSENT: Mayor Pro Tern Mills.
The City Council recessed at 8:10 p.m.
The City Council reconvened at 8:19 p.m.
3. LEGISLATIVE:
3.A. PROPOSED ORDINANCE RELATING TO THE REGULATION OF
PEDICABS ON CITY STREETS:
City Attorney Holland provided background information as outlined in the
Staff Report dated October 5, 2016.
The City Council discussed and/or commented on the following: the
contents of the sunset provision, other cities that have adopted similar
ordinances, background and drug checks, drivers as independent
contractors and insurance requirements, the requirements of the safety
monitor, the provisions for alcohol storage and handling, street limitations,
provisions for the disposal of alcohol, amount of insurance, questioned
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impact on Police Department resources, city liability and hold harmless
agreements, and determined further amendments are needed for the City
Council to consider the ordinance.
ACTION: Table the item. Motion Councilmember Kors, seconded by
Councilmember Roberts and unanimously carried 4-0 on a roll call
vote.
AYES: Councilmember Foat, Councilmember Kors, Councilmember
Roberts, and Mayor Moon.
NOES: None.
ABSENT: Mayor Pro Tern Mills.
3.13. PROPOSED ORDINANCE PROHIBITING THE RENTAL OF
APARTMENTS AS VACATION RENTALS AND AMENDING THE PALM
SPRINGS MUNICIPAL CODE:
City Clerk Thompson provided background information as outlined in the
Staff Report dated October 5, 2016, and the City Council Subcommittee
provided update and report.
The City Council discussed and/or commented on the following: the use of
casitas as vacation rentals, the Subcommittee goals and objectives on
existing apartments, health and safety regulations for existing apartments
used as short-term rentals, the reasons for the prohibition of future units,
comparison of regulations for small hotels, the number of units in the
definition of apartment, the date of the sunset provision, and increasing
the fines for non-permitted vacation rentals and violations of the
ordinance.
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. 1902,
"AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTIONS 5.25.020 AND 5.25.030 OF, AND ADDING
SECTION 5.25.075 TO, THE PALM SPRINGS MUNICIPAL CODE
PROHIBITING THE RENTAL OF APARTMENTS AS VACATION
RENTALS," amending the ordinance as follows: a) modify "affordable
housing" to "housing that is affordable," b) amending the definition of
apartment to allow the rental of a duplex insofar as the owner resides in
the duplex, c) adding a Section to the ordinance regarding life safety
requirements for existing properties; and d) amending the sunset date to
January 1, 2019. Motion Councilmember Kors, seconded by
Councilmember Roberts and unanimously carried 4-0 on a roll call
vote.
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October 5, 2016
Page 14
AYES: Councilmember Foat, Councilmember Kors, Councilmember
Roberts, and Mayor Moon.
NOES: None.
ABSENT: Mayor Pro Tern Mills.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
S.A. APPROVAL OF SCHEMATIC DESIGN FOR FIRE STATION NO. 4, AND
APPROVAL OF AMENDMENT NO. 3 IN THE AMOUNT OF $335,000 TO
CONSULTING SERVICES AGREEMENT NO. A6757 WITH
INTERACTIVE DESIGN CORPORATION FOR THE FIRE STATION
NO. 4 REHABILITATION (CP 15-25):
Marcus Fuller, Assistant City Manager/City Engineer, provided
background information as outlined in the Staff Report dated
October 5, 2016.
ACTION: 1) Approve the programming and schematic design for Fire
Station No. 4 to remodel and expand the existing building by
approximately 2,600 square feet to address separation of sleeping
quarters, decontamination areas, restrooms, and general ADA compliance
issues for the Fire Station No. 4 Rehabilitation Project (CP 15-25); 2)
Approve Amendment No. 3 to Agreement No. A6757 in the amount of
$335,000 for a total amount of $421,300 with Interactive Design
Corporation for the Fire Station No. 4 Rehabilitation Project (CP 15-25);
and 3) Authorize the City Manager to execute all necessary documents.
A6757. Motion Councilmember Foat, seconded by Mayor Moon and
unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Kors, Councilmember
Roberts, and Mayor Moon.
NOES: None.
ABSENT: Mayor Pro Tem Mills.
PUBLIC COMMENT: (Non-Agenda Items)
PHYLLIS BURGESS, Palm Springs, commented on the invocation at City Council
meetings.
MICHAEL HARRINGTON, commented on crime in the City of Palm Springs and
regional solutions.
FRANK TYSEN, Palm Springs, commented on Vacation Rentals.
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City Council Minutes
October 5, 2016
Page 15
MARLA MALASPINA, Palm Springs, commented on Vacation Rentals.
MIKE ZISKIND, Palm Springs, commented on Vacation Rentals.
STEVE ROSE, Palm Springs, commented on Vacation Rentals.
UPCOMING AGENDA DEVELOPMENT:
City Manager Ready commented on the upcoming Study Session on Vacation Rentals.
Special Meeting be scheduled for November 30, 2016, to further discuss and adopt a
Vacation Rental Ordinance.
Place on the next agenda Downtown Street Naming.
Place on the next agenda Cannabis Grow Regulations.
Prioritize the sign ordinance revisions.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Kors provided an update on the Homeless Task Force programs and
requested the City Manager report on Homelessness at a November meeting.
Mayor Moon requested Staff address the timeline and opening of the Dog Park.
ADJOURNMENT: The City Council adjourned at 10:18 p.m. to the next regular meeting
Wednesday, October 19, 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 SPRINGS CITY COUNCIL THIS
19T" DAY OF OCTOBER, 2016.
ROBERT MOON, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
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