HomeMy WebLinkAbout2016-07-06 CC MINUTES CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
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MEETING MINUTES
WEDNESDAY, JULY 6, 2016
CITY HALL COUNCIL CHAMBER
CALL TO ORDER: Mayor Moon called the meeting to order at 6:06 p.m.
PLEDGE OF ALLEGIANCE: Mayor Moon led the Pledge.
INVOCATION: Pastor Schezarone Carter, New Bethel Church of God in Christ, led the
Invocation.
ROLL CALL:
PRESENT: Councilmember Foat, Councilmember Kors, Councilmember
Roberts, Mayor Pro Tern Mills, and Mayor Moon.
ABSENT: None.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS:
Mayor Moon and the City Council presented a proclamation for Lee Bonno, Director of
Neighborhoods and wished her well in her retirement.
REPORT OF CLOSED SESSION:
The meeting was called to order at 4:00 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 titled Advocates for Better
Community Development v. City of Palm Springs, Case No. PSC 1405677, Riverside
Superior Court, Palm Springs Division, and Robles v. City of Palm Springs et al., Case
No. PSC 1600289, Riverside Superior Court, Palm Springs Division, and stated he
received information regarding the cases after the posting of the Agenda, and there is
an immediate need to hear and/or take action.
ACTION: 1) Find the matter 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; and 2) Add to the
Closed Session Agenda, pursuant to Cal. Gov. Code Section 54956.9(d)(1) two cases
of existing litigation titled Advocates for Better Community Development v. City of Palm
Springs, Case No. PSC 1405677, Riverside Superior Court, Palm Springs Division, and
City Council Minutes
July 6, 2016
Page 2
Robles v. City of Palm Springs et al., Case No. PSC 1600289, Riverside Superior Court,
Palm Springs Division. Motion Councilmember Foat, seconded by Mayor Pro Tern
Mills and unanimously carried (5-0).
City Attorney Holland stated the City Council recessed into Closed Session to discuss
items on the Closed Session Agenda and reported the City Council provided direction to
the City Attorney and City Staff, otherwise no reportable actions were taken.
ACCEPTANCE OF THE AGENDA:
City Attorney Holland requested Item 3.D. be pulled from the Agenda as the Ordinance
did not reflect all of the direction from the Subcommittee, and stated the extension of the
urgency will be on the July 13, 2016, City Council Agenda.
Councilmember Kors requested Items 2.1-1. and 2.N. be removed from the Consent
Calendar for separate discussion.
Mayor Pro Tern Mills requested Items 21. and 2.M. be removed from the Consent
Calendar for separate discussion.
Councilmember Foat requested Items 2.C. and 2.1. be removed from the Consent
Calendar for separate discussion, and stated she would abstain from the discussion and
the vote for Item 2.M. due to the location on the Agenda being described as on the
Mizell property, although the Mizell does not receive any direct funding with the Item.
Mayor Moon requested Item 2.J. be removed from the Consent Calendar for separate
discussion.
Councilmember Roberts requested Item 2.C. be removed from the Consent Calendar
for separate discussion.
ACTION: Accept the Agenda as amended. Motion Mayor Pro Tern Mills, seconded
by Councilmember Foat and unanimously carried on a roll call vote.
1. PUBLIC HEARINGS:
I.A. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS CITYWIDE
STREET LIGHTING, PARKWAY, AND LANDSCAPE MAINTENANCE
DISTRICTS, FISCAL YEAR 2016-17:
City Manager Ready provided background information as outlined in the
Staff Report dated July 6, 2016.
Mayor Moon opened the public hearing, and no speakers coming forward
the public hearing was closed.
City Council Minutes
July 6, 2016
Page 3
ACTION: Adopt Resolution No. 24056, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING THE ENGINEER'S REPORT AND ORDERING THE
CONTINUED OPERATION AND MAINTENANCE OF IMPROVEMENTS
FOR STREET LIGHTING MAINTENANCE DISTRICT NO. 3, AND
PARKWAY MAINTENANCE DISTRICT NOS. 6A, 6C, 7, 8, 9, AND 10
(ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO.
12, AND ORDERING THE LEVY AND COLLECTION OF ANNUAL
ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2016-17."
Motion Mayor Pro Tern Mills, seconded by Councilmember Roberts
and unanimously carried on a roll call vote.
1.13. WOODBRIDGE PACIFIC GROUP ON BEHALF OF PALM CANYON 65,
LLC. FOR A PLANNED DEVELOPMENT IN LIEU OF ZONE CHANGE,
TENTATIVE TRACT MAP AND MAJOR ARCHITECTURAL
APPLICATION TO CONSTRUCT A RESIDENTIAL PROJECT
CONSISTING OF 57 SINGLE-FAMILY RESIDENCES AND 25 MULTI-
FAMILY RESIDENTIAL CONDOMINIUMS ON A 12.38-ACRE SITE
LOCATED AT 777 SOUTH PALM CANYON DRIVE, ZONE C-1 & R-3
(CASE NOS. 5.1378 PD-379 ZC, 3.3876 MAJ AND TTM 36914):
Flinn Fagg, Director of Planning Services, provided background
information as outlined in the Staff Report dated July 6, 2016.
The City Council discussed and/or commented on the following: requested
Staff address the density without a PDD application, rock crushing, the
public benefit, the number of trips to move the rocks, the side yard set-
back, and the allowable use along Palm Canyon Drive.
Mayor Moon opened the public hearing, and the following speakers
addressed the City Council.
TODD CUNNINGHAM, Applicant, outlined the process thru the AAC and
the Planning Commission, noted changes to the project through the
process, requested relief for the removal of the unit for the park, requested
the City Council maintain the project as a gated project, commented on
the set-back, the proposed dog park, the elimination of units for the
creation of open space, and the proposed rock crushing technology and
location.
DR. JONATHAN FREEMAN, commented on the installation of gates and
the requirement for a public park as it may affect the surrounding
neighborhood.
ROBERT FAY, stated the project only has one-gate, commented on the
lot size, setbacks, and other variations from the zoning code, the location
of the one community pool and the dog park.
City Council Minutes
July 6, 2016
Page 4
TIM ERKINS, stated he is opposed to the installation of gates, commented
on the height of the structure and the height of the pad, density, and the
location of the paths behind the units.
RANDY BLANCHARD, stated the project is a good project, commented on
the price point, and requested the City Council address the Planning
Commission requirement for the installation of the park, and requested the
City Council eliminate the park requirement.
JUDY DEERTRACK, commented on the lack of compliance with the
General Plan and State law, the lack of commercial mix, the small lot size,
the reduced set-backs, the size of interior street, and the public benefit.
ALLEN WORTHY, commented on the architecture and commented on the
requirement to remove the gate.
FRANK TYSEN, commented on the use of PDD and the deviation from
the City's development standards.
RICHARD SAMUELS, commented on the history of the lot and current
problems with the vacant lot, stated his support for the development of the
site, and his support for a gated community.
TODD CUNNINGHAM, Applicant Rebuttal, commented on individual
pools, the grading of the site, the view corridor from Belardo, and the lot
sizes.
No further speakers coming forward, the public hearing was closed.
The City Council discussed and/or commented on the following: the
General Plan requirements for non-gated communities, questioned the
Applicant on pedestrian gates and public open space, street width and
street parking, the rocking technology and if not successful a requirement
to remove rocks with trucks, the General Plan requirement for non-gated
communities, the lack of pedestrian connection, the lack of open space,
the public benefit, the lighting of the Palm Trees, truck delivery hours, the
landscaping plan, the tree selection and conformity with the Tahquitz
Creek Master Plan, the repeating feature in the landscape along Palm
Canyon, the view corridors along Palm Canyon, the site plan, parking, the
street width, the grading plan and retaining wall, the lack of overhang and
shading, maintenance requirement and costs for the park, the lot size, the
public benefit, changes needed and the process for the return of the
project to the City Council.
City Council Minutes
July 6, 2016
Page 5
ACTION: Appoint Councilmember Roberts and Mayor Pro Tern Mills to a
City Council ad hoc Subcommittee to further incorporate the City Council
discussion and concepts and return to the City Council. Motion
Councilmember Foat, seconded by Councilmember Roberts and
unanimously carried on a roll call vote.
1.C. HOTEL INCENTIVE PROGRAM, COLT'S LODGE, LLC (COLT'S
LODGE) LOCATED AT 1586 EAST PALM CANYON DRIVE:
Lauri Aylaian, Director of Community and Economic Development
provided background information as outlined in the Staff Report dated
July 6, 2016.
The City Council questioned if the application was timely submitted,
prevailing wage requirements, indemnification of prevailing wage.
Mayor Moon opened the public hearing, and the following speakers
addressed the City Council.
JEANIE HUGHES, Applicant, provided a history of the development and
the site, and requested the City Council approve the agreement.
SID CRAIG, commented on the facility.
FRANK TYSEN, requested the City Council approve the incentive grant
and was in support for smaller boutique hotels.
No further speakers coming forward, the public hearing was closed.
ACTION: Approve a Hotel Operations Covenant Agreement with Colt's
Lodge, LLC (Colt's Lodge) located at 1586 East Palm Canyon Drive,
pursuant to provisions of Chapter 5.26 of the Municipal Code, placing
restrictions upon the use and operation of the Hotel for a 10-year period
and 50% share of the new transient occupancy tax collected; and 3)
Authorize the City Manager to execute all necessary documents. A6872.
Motion Councilmember Roberts, seconded by Councilmember Foat
and unanimously carried on a roll call vote.
The City Council recessed at 8:45 p.m.
The City Council reconvened at 8:56 p.m.
PUBLIC COMMENT:
ALLEN WORTHY, commented on his ongoing issues with the Palm Springs Police
Department, and requested the City Council fund the renovation of the Cornelia White
House.
City Council Minutes
July 6, 2016
Page 6
SHELLY SAUNDERS, commented on the homeless problems in the City and
encouraged the City Council to prioritize homeless issues.
MICHAEL HARRINGTON, commented on Item S.F. and suggested the City Council
defer to recent State law regarding gun control.
BOB RICHMOND, commented on Item 5.F. regarding gun control, commented on
automatic weapon and semi-automatic weapons.
JIM STUART, commented on Item 5.F. regarding gun control, and recommended the
City Council consider a committee to work with stakeholders and the Police Department
to review any regulations.
LOUIS SAPIENZA, commented on Item 5.D. regarding alcohol beverage on pedicabs
and social cycles, and requested the City Council allow alcohol beverages on-board.
RICK PANTELE, commented on Item 4.B. and requested the City Council not reduce
the public comment time at City Council meetings, and commented on gun control.
JULIE BORNSTEIN, commented on affordable housing and recommended the City
consider a partnership with Coyote Run Affordable Housing for the installation of a park,
and requested the City Council consider re-designation of their grant application.
STEVE ROSENBERG, commented on Item 4.13. regarding the conduct of City Council
meetings, and recommended the City Council meet on a weekly basis.
JACK NEWBY, commented on fatal traffic accidents in the City of Palm Springs, traffic
signal timing and protected left turns.
RON deHART, commented on Items 3.B. and 3.C. regarding non-discrimination and all-
gender restrooms, and requested the City Council approve both ordinances.
PATRICIA BRESLIN, requested Item 2.F. regarding Buzz Trolley adverting be removed
from the Consent Calendar, and spoke against the Buzz Trolley in the Historic Tennis
Club Neighborhood.
MICHAEL MCCULLOCH, commented on Item S.F. regarding firearm safety, and stated
the proposed ordinance is over reaching.
TOBIAS WOLFF, commented on Items 3.13. and S.F. regarding non-discrimination and
gun control, and requested the City Council support the proposed ordinances, and
commented on homelessness issues.
JIM WEBB, commented on vacation rental regulations and the impact to the real estate
industry.
City Council Minutes
July 6, 2016
Page 7
GRETCHEN GUTIERREZ, commented on vacation rental regulations and thanked the
City Council for withdrawing the moratorium on new vacation rentals.
LISA MIDDLETON, commented on Item 5.F. regarding gun control, and requested the
City Council adopt gun safety regulations.
CITY COUNCIL SUB-COMMITTEE REPORTS AND UPDATES:
Councilmember Foat and Councilmember Kors provided an update on the Homeless
Task Force.
COUNCILMEMBER COMMENTS: None.
CITY MANAGER'S REPORT: None.
2. CONSENT CALENDAR:
Mayor Pro Tern Mills requested Item 21. be returned to the Consent Calendar
for approval.
ACTION: Approve Items 2.A., 2.B., 2.D., 2.E., 2.F., 2.G., 2.K., 2.L., and 2.0.
Motion Councilmember Roberts, seconded by Councilmember Foat and
unanimously carried on a roll call vote.
2.A. REPORT ON THE POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the July 6, 2016, City
Council Agenda. Approved as part of the Consent Calendar.
2.B. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of June 23, 2016. Approved
as part of the Consent Calendar.
2.11). TREASURER'S INVESTMENT REPORT AS OF MAY 31, 2016:
ACTION: Receive and File the Treasurer's Investment Report as of
May 31, 2016. Approved as part of the Consent Calendar.
2.E. REAL PROPERTY ACQUISITION AGREEMENT WITH AENEAS
VALLEY RANCH, LLC TO ACCEPT DONATED PROPERTY
IDENTIFIED BY ASSESSORS PARCEL NUMBER (APN) 635-060-011
FOR THE PROPOSITION 1 GRANT PROGRAM — REMEDIATION OF
THE DUNN ROAD SITE:
ACTION: 1) Adopt Resolution No. 24057, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ACCEPTING THE DONATION OF 40 ACRES OF VACANT REAL
PROPERTY FROM AENEAS VALLEY RANCH, LLC, A WASHINGTON
LIMITED LIABILITY COMPANY, FOR THE PROPERTY IDENTIFIED BY
City Council Minutes
July 6, 2016
Page 8
ASSESSOR PARCEL NUMBER (APN) 635-060-011"; 2) Approve a Real
Property Acquisition Agreement with Aeneas Valley Ranch, LLC in the
amount of $0 to accept the conveyance of donated property identified by
APN 635-060-011; 3) Authorize a Purchase Order in the amount of
$65,390 with the City's "on-call' environmental assessment (CEQA)
services firm, Terra Nova Planning and Research, Inc. pursuant to
Agreement No. A6559, for preparation of environmental and remediation
documentation for the "Dunn Road Project"; and 4) Authorize the City
Manager to execute all necessary documents, open escrow, and pay for
associated escrow and title costs associated with the acceptance of the
donated real property. A6873. A6559. Approved as part of the Consent
Calendar.
2.F. AMENDMENT NO. 4 TO CONSULTING SERVICES AGREEMENT NO.
A6552 WITH SYMBLAZE INC. TO PROVIDE ONGOING SUPPORT AND
MARKETING SERVICES FOR THE PALM SPRINGS BUZZ TROLLEY
SERVICE PROGRAM OVER THE NEXT TWELVE MONTHS IN THE
AMOUNT OF $3,784 PER MONTH INCREASING THE CONTRACT BY
$45,408 WITH A TOTAL CONTRACT AMOUNT NOT TO EXCEED
$184,365:
ACTION: 1) Approve Amendment No. 4 to Agreement No. A6552 with
Symblaze, Inc. for twelve additional months of ongoing support services at
an amount of$45,408 for a revised total contract amount of$184,365; and
2) Authorize the City Manager to execute all necessary documents.
A6552. Approved as part of the Consent Calendar.
2.G. AMENDMENT NO. 2 TO AGREEMENT A6288 WITH NBS
GOVERNMENT FINANCE GROUP FOR ASSESSMENT DISTRICTS,
LIGHTING & LANDSCAPE MAINTENANCE DISTRICTS, COMMUNITY
FACILITIES DISTRICTS, AND COUNTY SERVICE AREA AUDIT AND
ADMINISTRATION SERVICES:
ACTION: 1) Approve Amendment No. 2 to Agreement No. A6288 with
NBS Government Finance Group, for County Service Area audit and
administration services for the remainder of the current contract term
through June 30, 2017; and 2) Authorize the City Manager to execute all
necessary documents. A6288. Approved as part of the Consent
Calendar.
2.K. AUTHORIZE THE ISSUANCE OF A PURCHASE ORDER TO CARRIER
CORPORATION IN THE AMOUNT OF $68,935 FOR EQUIPMENT
REPAIRS RELATED TO AN AIR CONDITIONING CHILLER AT THE
PALM SPRINGS INTERNATIONAL AIRPORT:
ACTION: 1) Approve a Purchase Order in the amount of $68,935 to
Carrier Corporation in accordance with Proposal No. LS2016-0044A dated
June 8, 2016, for repair of the motor on the Trane chiller Model CVHE260,
Serial L91K08700, at the Palm Springs International Airport, inclusive of
City Council Minutes
July 6, 2016
Page 9
bearing replacement of the compressor; and 2) Authorize the City
Manager to execute all necessary documents. Approved as part of the
Consent Calendar.
2.L. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E)
AND AUTHORIZATION TO BID THE PALM SPRINGS LIBRARY LED
INFORMATION SIGN (CP 15-28):
ACTION: 1) Approve the plans, specifications, and estimate; and 2)
Authorize staff to advertise and solicit bids for the Palm Springs Library
LED Information Sign Project (CP 15-28). Approved as part of the
Consent Calendar.
2.0. COOPERATIVE AGREEMENT WITH RIVERSIDE COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT AND RREF II —
DC CAMERON, LLC, RELATED TO CONSTRUCTION OF PALM
SPRINGS MASTER DRAINAGE PLAN (MDP) LINE 29 ASSOCIATED
WITH TRACT MAP 33575 (THE "CAMERON PROJECT"):
ACTION: 1) Approve a Cooperative Agreement with the Riverside County
Flood Control and Water Conservation District and RREF II — DC
Cameron, LLC, associated with the construction, operation, and
maintenance of flood control improvements identified as Palm Springs
Master Drainage Plan (MDP) Line 29, associated with Tract Map 33575;
and 2) Authorize the City Manager to execute all necessary documents.
A6877. Approved as part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2.C. APPROVAL OF VARIOUS ACTIONS RELATED TO THE TAHQUITZ CREEK
TRIANGLE GATEWAY (CP 14-16):
ACTION: 1) Approve the transfer of $37,982 in Measure J Capital Fund available
budget from the Demuth Park and Ruth Hardy Park Security Path Lighting
Improvements, City Project No. 14-19, to the Tahquitz Creek Triangle Gateway,
City Project No. 14-16; 2) Delegate authority to the City Manager to approve and
execute construction contract change orders up to a cumulative amount of
$50,000; and 3) Authorize the City Manager to execute all necessary documents.
Motion Mayor Pro Tern Mills, seconded by Councilmember Kors and
unanimously carried on a roll call vote.
2.H. AWARD A CONSTRUCTION CONTRACT TO PRINCIPLES CONTRACTING,
INC. IN THE AMOUNT OF $329,867.60 FOR THE PALM SPRINGS DOG PARK
RENOVATIONS (CP 16-03):
ACTION: 1) Reject the lowest bid received from G & M Construction as non-
responsive; 2) Award a construction contract to Principles Contracting Inc. in the
amount of $329,867.60 for Bid Schedule A only, for the Palm Springs Dog Park
Renovations, City Project No. 16-03; and 3) Authorize the City Manager to
execute all necessary documents. A6874. Motion Councilmember Foat,
City Council Minutes
July 6, 2016
Page 10
seconded by Mayor Pro Tem Mills and unanimously carried on a roll call
vote.
2.1. CONSULTING SERVICES WITH THE COACHELLA VALLEY ECONOMIC
PARTNERSHIP FOR ADMINISTRATIVE AND MANAGEMENT SERVICES OF
THE PALM SPRINGS INNOVATION HUB AND ACCELERATOR CAMPUS:
ACTION: 1) Approve the consulting services agreement with the Coachella
Valley Economic Partnership; and 2) Authorize the City Manager to execute all
necessary documents. A6875. Motion Councilmember Foat, seconded by
Councilmember Kors and unanimously carried on a roll call vote.
2.J. APPROVAL OF A PURCHASE ORDER IN THE AMOUNT OF $166,400 TO
INTERWEST CONSULTING GROUP, INC., FOR BUILDING INSPECTIONS
REQUIRED FOR NEW COMMERCIAL BUILDINGS LOCATED IN THE
DOWNTOWN PALM SPRINGS DEVELOPMENT PROJECT:
ACTION: 1) Approve a Purchase Order in the amount of $166,400 to Interwest
Consulting Group, Inc., in accordance with Agreement No. A6686, to coordinate
and provide as-needed building inspections through Fiscal Year 2016-17
required for new commercial buildings being constructed within the Downtown
Palm Springs development project; and 2) Authorize the City Manager to execute
all necessary documents. A6686. Motion Mayor Pro Tern Mills, seconded by
Councilmember Roberts and unanimously carried on a roll call vote.
Councilmember Foat stated she would abstain from the discussion and the vote for Item
2.M. due to the location on the Agenda being described as on the Mizell property,
although the Mizell does not receive any direct funding with the Item, and left Council
Chamber.
2.M. AWARD A CONSTRUCTION CONTRACT TO NR DEVELOPMENT, INC. IN
THE AMOUNT OF $39,500 FOR THE MIZELL SENIOR CENTER SHADE
CANOPY PROJECT (CP 15-12):
ACTION: 1) Appropriate $25,000 from the remaining balance of the Measure J
Fund contingency for the Mizell Senior Center Shade Canopy Project
(CP 15-12); 2) Award a construction contract to NR Development, Inc. in the
amount of $39,500 for the Rebid Mizell Senior Center Shade Canopy Project
(CP 15-12); and 3) Authorize the City Manager to execute all necessary
documents. A6876. Motion Mayor Pro Tern Mills, seconded by
Councilmember Kors and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Kors, Councilmember Roberts, Mayor Pro Tern
Mills, and Mayor Moon.
NOES: None.
ABSENT: Councilmember Foat.
Councilmember Foat returned to the dais.
City Council Minutes
July 6, 2016
Page 11
2.N. AMENDMENT NO. 1 TO AGREEMENT NO. A6683 WITH SO CAL LAND
MAINTENANCE, INC. FOR ROADSIDE MAINTENANCE SERVICES IN THE
AMOUNT OF $93,705:
ACTION: 1) Approve Amendment No. 1 to Agreement No. A6683 in the amount
of $93,705 for a total annual amount of $174,725 with So Cal Land Maintenance,
Inc. for Roadside Maintenance Services; and 2) Authorize the City Manager to
execute all necessary documents. A6683. Motion Mayor Pro Tern Mills,
seconded by Mayor Moon and unanimously carried on a roll call vote.
3. LEGISLATIVE:
Mayor Pro Tern Mills stated Desert Regional Medical Center is a client that may
be a permittee under a revised ordinance, due to the appearance of a conflict of
interest he would not participate in the discussion and the vote, and left Council
Chamber.
3.A. PROPOSED ORDINANCE AMENDING THE PALM SPRINGS
MUNICIPAL CODE RELATING TO ACCEPTANCE OF INDUSTRIAL
COOLING WATER OR UNPOLLUTED PROCESS WATER INTO THE
CITY'S SANITARY SEWER SYSTEM FOR TREATMENT:
Marcus Fuller, Assistant City Manager/City Engineer, provided
background information as outlined in the Staff Report dated July 6, 2016.
The City Council questioned safety and concern with content and
questioned the discharge of pool water.
ACTION: Waive the reading of the ordinance text in its entirety and
introduce by title only for first reading Ordinance No. 1894, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING CHAPTER 15.28 'WATER AND SEWERS' OF THE CITY OF
PALM SPRINGS MUNICIPAL CODE TO CAPTURE INDUSTRIAL
COOLING WATER OR UNPOLLUTED PROCESS WATER IN CITY
SEWERS FOR TREATMENT." Motion Councilmember Foat, seconded
by Councilmember Roberts.
Mayor Pro Tern Mills returned to the dais.
3.113. PROPOSED ORDINANCE AMENDING THE PALM SPRINGS
MUNICIPAL CODE, RELATING TO NON-DISCRIMINATION IN CITY
CONTRACTING:
City Attorney Holland and Councilmember Kors provided background
information as outlined in the Staff Report dated July 6, 2016.
ACTION: Continue to the July 13, 2016, City Council meeting. Motion
Councilmember Roberts, seconded by Councilmember Kors and
unanimously carried on a roll call vote.
City Council Minutes
July 6, 2016
Page 12
ACTION: Continue past the 10:00 p.m. tentative adjournment time. Motion
Councilmember Foat, seconded by Councilmember Kors and unanimously
carried (5-0).
3.C. PROPOSED ORDINANCE RELATING TO ALL-GENDER RESTROOMS
IN BUSINESSES AND PUBLIC ACCOMMODATIONS:
ACTION: Waive the reading of the ordinance text in its entirety and
introduce by title only for first reading Ordinance No. 1895, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING
ARTICLE IX TO CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL
CODE, RELATING TO ALL-GENDER RESTROOMS IN BUSINESSES
AND PUBLIC ACCOMMODATIONS." Motion Councilmember Roberts,
seconded by Mayor Pro Tem Mills and unanimously carried on a roll
call vote.
3.D. PROPOSED URGENCY ORDINANCE IMPOSING A MORATORIUM ON
THE ISSUANCE OF VACATION RENTAL CERTIFICATES AND THE
IMPOSITION OF FINES AND PENALTIES FOR VIOLATIONS AND/OR
CONTINUING URGENCY ORDINANCE NO. 1891:
Withdrawn from the Agenda at the request of Staff.
4. UNFINISHED BUSINESS:
4.A. CONSIDERATION ON THE INITIATION OF AN AMENDMENT TO THE
CITY OF PALM SPRINGS GENERAL PLAN TO REVISE THE
CIRCULATION ELEMENT AND BIKEWAYS MAP:
Marcus Fuller, Assistant City Manager/City Engineer, provided
background information as outlined in the Staff Report dated July 6, 2016.
ACTION: 1) Find the following 4-lane roadways should be reclassified as
"Minor Mobility Corridors" as part of an Amendment to the General Plan to
revise the Circulation Element and Bikeway Map: a. Camino Real (E.
Palm Canyon Dr. to La Verne Way). b. Crossley Road (Ramon Road to
34th Avenue). c. Farrell Drive (Ramon Road to E. Palm Canyon Dr.). d. La
Verne Way (S. Palm Canyon Dr. to Twin Palms Dr.). e. Mesquite Avenue
(Sunrise Way to Compadre Road). f. San Rafael Drive (N. Palm Canyon
Dr. to Sunrise Way). 2) Direct staff to initiate an amendment to the 2007
Palm Springs General Plan to revise the Circulation Element and
Bikeways Map, and proceed with further public review in accordance with
state law, including review by the Palm Springs Planning Commission and
subsequent approval by the City Council. 3) Find the following roadways
should be reclassified: Camino Real, Crossley Road, La Verne Way,
Mesquite Avenue, and San Rafael Drive to a "Minor Mobility Corridor' to
accommodate proposed Class II bike lanes and preserve on-street
parking, authorize issuance of a Purchase Order in an amount not to
exceed $100,000 with the City's "on-call" engineering firm,
City Council Minutes
July 6, 2016
Page 13
Albert A. Webb & Associates, pursuant to Agreement No. A6443, for civil
and traffic engineering services associated with the CMAC/CVAG Bicycle
Lane Project, City Project No. 14-14. 4) Approve the implementation of a
..road diet" for that portion of Farrell Drive between Ramon Road and E.
Palm Canyon Drive to convert the existing 4-lane roadway to a "Minor
Mobility Corridor" as part of the 2015 Citywide Annual Slurry Seal, City
Project No. 15-02. 5) Authorize the City Manager to approve Construction
Contract Change Orders up to an additional amount not to exceed of
$250,000 with Intermountain Slurry Seal, Inc., to accommodate revised
traffic striping to implement proposed Class II bike lanes and other
associated work as part of the 2015 Citywide Annual Slurry Seal (CP 15-
02). 6) Authorize the City Manager to execute all necessary documents.
A6774. Motion Councilmember Kors, seconded by Councilmember
Roberts and unanimously carried on a roll call vote.
4.B. PROPOSED RESOLUTION MODIFYING THE CITY COUNCIL RULES
OF PROCEDURE AND THE CONDUCT OF CITY COUNCIL MEETINGS:
Councilmember Roberts and Councilmember Kors, City Council ad hoc
subcommittee provided background information as outlined in the
proposed Rules of Procedure.
ACTION: Adopt Resolution No. 24058, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
CITY COUNCIL RULES OF PROCEDURE AND SUPERSEDING
RESOLUTION NO. 21201," amending Section 2.1 of the rules to read
"Invitees to lead the Pledge of Allegiance will be limited to the first regular
meeting of the month, and only if a school or youth group requests to lead
the Pledge," and deleting Section 5.4.5. Motion Councilmember Kors,
seconded by Councilmember Roberts and carried 4-1 on a roll call
vote.
AYES: Councilmember Foat, Councilmember Kors, Councilmember
Roberts, and Mayor Moon.
NOES: Mayor Pro Tern Mills.
Mayor Moon noted his support for trying the proposed modifications to the
Rules of Procedure, but did not support the elimination of the Invocation.
5. NEW BUSINESS:
S.A. DESIGNATION OF A VOTING DELEGATE AND ALTERNATE FOR THE
LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE
OCTOBER 5-7, 2016:
ACTION: Appoint Mayor Moon as the Voting Delegate, and appoint
Councilmember Foat as the Alternate Voting Delegate for the 2016
League of California Cities Annual Conference in Long Beach, California,
City Council Minutes
July 6, 2016
Page 14
October 5-7, 2016. Motion Mayor Pro Tern Mills, seconded by
Councilmember Kors and unanimously carried on a roll call vote.
S.B. APPOINTMENT OF VARIOUS COMMISSIONERS AND BOARD
MEMBERS AS PART OF THE 2016 ANNUAL RECRUITMENT
PROCESS:
ACTION: 1) Reappoint Sid Craig and Alan Bowley to the Parks and
Recreation Commission for the term ending June 30, 2019; 2) Appoint
Travis Armstrong to the Parks and Recreation Commission for the term
ending June 30, 2019; 3) Reappoint Ann Sheffer to the Public Arts
Commission for the term ending June 30, 2019; and 4) Appoint Melanie
Brenner to the Public Arts Commission for the term ending June 30, 2019.
Motion Mayor Pro Tern Mills, seconded by Councilmember Foat and
unanimously carried on a roll call vote.
S.C. AWARD A CONSTRUCTION CONTRACT TO MATICH CORPORATION
IN THE AMOUNT OF $5,328,933; APPROVE A PURCHASE ORDER IN
AN AMOUNT NOT TO EXCEED $250,000 TO WILLDAN ENGINEERING
FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES;
AND APPROVE AMENDMENT NO 1. TO A MEMORANDUM OF
UNDERSTANDING WITH THE AGUA CALIENTE BAND OF CAHUILLA
INDIANS FOR THE 2016 PAVEMENT REHABILITATION PROJECT,
CITY PROJECT NO 16-01:
Marcus Fuller, Assistant City Manager/City Engineer, provided
background information as outlined in the Staff Report dated July 6, 2016.
ACTION: 1) Waive any informality (non-responsiveness) and award a
construction contract to Matich Corporation in the amount of $5,328,933
for Bid Schedules A through D, inclusive, for the 2016 Pavement
Rehabilitation Project, City Project No. 16-01; 2) Allocate $1,000,000 for
additional streets based on street classification (prioritizing based on
classification and secondarily by PCI value), and authorize the City
Manager to approve a Construction Contract Change Order in an amount
not to exceed $1,000,000; 3) Authorize a Purchase Order to Willdan
Engineering, pursuant to On-Call Agreement No. A6688 in an amount not
to exceed of $250,000 for construction management and inspection
services for the 2016 Pavement Rehabilitation Project, City Project No.
16-01; 4) Approve Amendment No. 1 to the Intergovernmental
Memorandum of Understanding with the Agua Caliente Band of Cahuilla
Indians regarding Tribal Transportation Program Funding for the Section
14 Roadway Improvements Project; and 5) Authorize the City Manager to
execute all necessary documents. A6878. A6688. A6540. Motion
Councilmember Foat, seconded by Mayor Pro Tern Mills and
unanimously carried on a roll call vote.
City Council Minutes
July 6, 2016
Page 15
S.D. ALCOHOLIC BEVERAGES ON BOARD PEDICABS AS DEFINED BY
SENATE BILL 530:
Lauri Aylaian, Community and Economic Development Director, provided
background information as outlined in the Staff Report dated July 6, 2016,
ACTION: Direct Staff to return with a draft Ordinance within 90-days.
Motion Mayor Moon, seconded by Mayor Pro Tem Mills and
unanimously carried on a roll call vote.
S.E. PROVIDE STAFF DIRECTION REGARDING POTENTIAL DAY
PROGRAM AT ROY'S DESERT RESOURCE CENTER AND FOR
OPERATION OF THE PROGRAM FOR A FOUR-MONTH PERIOD:
City Manager Ready and Lauri Aylaian, Director of Community and
Economic Development, provided background information as outlined in
the Staff Report dated July 6, 2016.
ACTION: Direct Staff to prepare contract and program documents for
approval by the City Council. By unanimous consent of the City
Council.
S.F. DISCUSSION REGARDING FIREARMS SAFETY REGULATIONS:
City Attorney Holland provided background information as outlined in the
Staff Report dated July 6, 2016.
ACTION: Direct Staff to prepare a draft ordinance for consideration by the
City Council on August 3, 2016. By unanimous consent of the City
Council.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Kors requested Staff consider the evections in single family homes for
vacation rentals.
Mayor Pro Tern Mills requested a City Staff comment on the status of the proposed
Spencers turn-around for the Buzz.
Councilmember Roberts commented on the installation of the all-inclusive play
equipment installed in Sunrise Park, and stated the City will be hosting an event to
celebrate the new equipment that can be used by all children including those with
disabilities.
ADJOURNMENT: The City Council adjourned at 12:12 a.m. on Thursday, July 7, 2016,
to an adjourned regular meeting at 5:00 p.m., Tuesday, July 12, 2016, Large
Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.
City Council Minutes
July 6, 2016
Page 16
There will be an adjourned regular meeting at 6:00 p.m., Wednesday, July 13, 2016,
Council Chamber, City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. There will
not be a meeting held on Wednesday, July 20, 2016.
The next regular City Council meeting will be held Wednesday, August 3, 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
3RD DAY OF AUGUST, 2016.
c
ROBERT MOON, MAYOR
ATTEST:
i
MES THOMPSON, CITY CLERK