HomeMy WebLinkAbout2016-05-04 CC MINUTES CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
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MEETING MINUTES
WEDNESDAY, MAY 4, 2016
CITY HALL COUNCIL CHAMBER
CALL TO ORDER: Mayor Moon called the meeting to order at 6:02 p.m.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge.
INVOCATION: Michale Cashe, Inner Faith Spiritual Center, led the Invocation.
ROLL CALL:
PRESENT: Councilmember Kors, Councilmember Roberts, Mayor Pro Tern
Mills, and Mayor Moon.
ABSENT: Councilmember Foat.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS:
Mayor Moon and the City Council proclaimed May 1 through 7, 2016, as Public Service
Employee Recognition Week in the City of Palm Springs.
Mayor Moon announced the Joint Meeting of the City Council and the Measure J
Oversight Commission, and the 2016 Mayor's State of the City Address at the Palm
Springs Convention Center.
The Palm Springs Animal Shelter volunteers provided an update and opportunities for
pet adoptions at the Palm Springs Animal Shelter.
REPORT OF CLOSED SESSION:
The meeting was called to order at 4:30 p.m. and the following speaker addressed the
City Council on Items on the Closed Session Agenda:
MARINA ROSSI, Palm Springs, commented on an item on the Closed Session Agenda
regarding the St. Baristo Project, Case No. 5.0977 PD288 TTM 31887.
NICK SABBOGH, Palm Springs, commented on an item on the Closed Session Agenda
regarding the St. Baristo Project, Case No. 5.0977 PD288 TTM 31887.
City Council Minutes
May 4, 2016
Page 2
The City Council recessed into Closed Session to discuss items on the posted Closed
Session Agenda.
City Attorney Holland reported the City Council continued one-item of Exposure to
Litigation pertaining to Baristo or the Lugo Lofts project, the City Council provided
direction to the City Attorney and City Staff, otherwise no reportable actions were taken.
ACCEPTANCE OF THE AGENDA:
Mayor Moon requested Items 2.J., 2.K., and 2.N. be removed from the Consent
Calendar for separate discussion.
Councilmember Kors requested Items 2.13. and 2.F. be removed from the Consent
Calendar for separate discussion.
Mayor Pro Tern Mills noted his abstention on Consent Calendar Item 2.N. and stated he
is working on a project adjacent to the site.
City Clerk Thompson stated Staff is requesting the City Council consider removing Item
2.N. from the Consent Calendar for a report and update, noted Councilmember Foat
requested the City Council table any discussion on Item 4.C. regarding the contract with
the Rod Pacheco law firm.
ACTION: Accept the Agenda as amended. Motion Councilmember Roberts,
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.
1. PUBLIC HEARINGS:
I.A. APPROVING NUISANCE ABATEMENT PROCEEDINGS AND
RESOLUTIONS FOR PUBLIC NUISANCE ABATEMENT LIENS FOR
SEVEN PROPERTIES:
Marcus Fuller, Assistant City Manager/City Engineer, provided
background information as outlined in the Staff Report dated May 4, 2016.
Mayor Moon opened the public hearing, and no speakers coming forward
the public hearing was closed.
ACTION: 1) Adopt Resolution No. 24011, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING
FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 110
RIDGE MOUNTAIN DRIVE;" 2) Adopt Resolution No. 24012, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
City Council Minutes
May 4, 2016
Page 3
SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF
PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE
ABATEMENT LIEN LOCATED AT 670 CALLE PALO FIERRO;" 3) Adopt
Resolution No. 24013, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE
REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC
NUISANCE ABATEMENT LIEN LOCATED AT 1073 NORTH SUNRISE
WAY;" 4) Adopt Resolution No. 24014, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING
FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 441
WEST PALM VISTA;" 5) Adopt Resolution No. 24015, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, CONFIRMING THE REPORT OF PROCEEDINGS AND
ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN
LOCATED AT 306 WEST SUNVIEW;" 6) Adopt Resolution No. 24016, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF
PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE
ABATEMENT LIEN LOCATED AT 414 SOUTH MONTE VISTA DRIVE;"
7) Adopt Resolution No. 24017, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING
FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 941
EAST ANZA DRIVE;" 8) Authorize the City Manager, or designee, to serve
notice of and record a lien against subject properties if fees are not paid
by the property owner. Motion Councilmember Roberts, seconded by
Mayor Pro Tem Mills 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.
I.B. CONSIDERATION OF THE VACATION OF PORTIONS OF CALLE
ENCILIA RIGHT-OF-WAY BETWEEN AMADO ROAD AND TAHQUITZ
CANYON WAY, AND A PORTION OF ANDREAS ROAD RIGHT-OF-
WAY BETWEEN CALLE ENCILIA AND CALLE EL SEGUNDO, IN
SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST (FILE R 15-12)
AND CEQA DETERMINATION:
Marcus Fuller, Assistant City Manager/City Engineer, provided
background information as outlined in the Staff Report dated May 4, 2016.
Mayor Moon opened the public hearing, and the following speakers
addressed the City Council
City Council Minutes
May 4, 2016
Page 4
MARGARET PARK, Agua Caliente Band of Cahuilla Indians, presented a
PowerPoint presentation and provided an overview of the need to vacate
the right-of-way.
TOM DAVIS, Agua Caliente Band of Cahuilla Indians, thanked Staff for
the comprehensive Staff Report, and commented on the history of the
Development Agreement and environmental work.
Councilmember Roberts requested the Tribe address the planned
development proposed for the site.
Mayor Pro Tern Mills commented on the 1994 land use plan and
questioned any effects of waiting for the right-of-way vacation until a site
and use plan is submitted.
Mayor Moon questioned further City Council input for the future
development plan for the vacated streets, questioned the vacation of
streets for the Downtown Revitalization Project.
Councilmember Roberts stated he does not see any significant impact to
traffic or surrounding businesses, commented on the lack of a project, and
questioned the applicant for access points and any effects on Tahquitz
Canyon and Indian Canyon.
Councilmember Kors commented on this type of process setting a
precedent for other right-of-way vacation requests.
Mayor Pro Tern Mills questioned City approval of the project on the
property, the status of the DDA, commented on new setbacks, and stated
he prefers to see a project site plan, and questioned if the vacation could
be subject to conditions.
Councilmember Roberts questioned if a delay would be a problem with the
Tribe, and commented on the connection to the Downtown Project.
Mayor Moon commented on the history of the project and commented on
the benefits to the City, and stated his support to vote for the vacation in
support of the City/Tribal partnership.
MOTION: Adopt Resolution "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, VACATING AND
ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN
PORTIONS OF THE PUBLIC RIGHT-OF-WAY DEDICATED FOR CALLE
ENCILIA BETWEEN AMADO ROAD AND TAHQUITZ CANYON WAY,
AND PORTIONS OF THE PUBLIC RIGHT-OF-WAY DEDICATED FOR
ANDREAS ROAD BETWEEN CALLE ENCILIA AND CALLE EL
SEGUNDO, IN SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST,
City Council Minutes
May 4, 2016
Page 5
FILE R15-12, AND APPROVING A DETERMINATION THAT THE
MITIGATED NEGATIVE DECLARATION PREVIOUSLY APPROVED
AND CERTIFIED BY RESOLUTION NO. 18461 REMAINS VALID AND
THAT NO FURTHER ENVIRONMENTAL REVIEW PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) IS REQUIRED."
Motion Mayor Moon failed for a lack of a second.
ACTION: 1) Continue the Public Hearing to May 18, 2016 at the request
of the Applicant; and 2) Direct the City Clerk to post a Notice of Continued
Public Hearing as required by law. Motion Mayor Pro Tem Mills,
seconded by Councilmember Roberts and carried 3-1 on a roll call
vote.
AYES: Councilmember Kors, Councilmember Roberts, and Mayor
Pro Tern Mills.
NOES: Mayor Moon.
ABSENT: Councilmember Foat.
I.C. GOVERNMENT CODE SECTION 53083 PUBLIC HEARING TO
APPROVE AN AMENDED AND RESTATED HOTEL OPERATIONS
COVENANT WITH PALM SPRINGS PROMENADE, LLC,
TRANSFERRING SAID COVENANT FROM BLOCK "F" (THE
SOUTHWEST CORNER OF "MAIN STREET" AND BELARDO ROAD)
TO BLOCK "13-1" (THE NORTHEAST CORNER OF "MAIN STREET"
AND BELARDO ROAD) OF THE DOWNTOWN PALM SPRINGS
SPECIFIC PLAN FOR THE CONSTRUCTION OF A 142-ROOM VIRGIN
HOTEL IN LIEU OF A 135-ROOM AC MARRIOTT HOTEL PURSUANT
TO THE CITY'S HOTEL OPERATIONS INCENTIVE PROGRAM:
Lauri Aylaian, Director of Community and Economic Development,
provided background information as outlined in the Staff Report dated
May 4, 2016.
Councilmember Kors questioned the effective start date for the incentive,
requested Staff clarify the process and the findings, and requested the
City Attorney address the proposed changes to the agreement.
Mayor Moon questioned if the agreement required a Virgin Hotel on the
property for the duration of the agreement, the consequences of not
approving the agreement, questioned the start date and the parking for the
hotel.
Councilmember Roberts questioned if this was a one-time transfer, and
requested a provision that this is a one-time transfer, that the City would
not issue or grant a building permit for another hotel or another hotel
permit until the Virgin Hotel is opened and operational, and has a
Certificate of Occupancy.
City Council Minutes
May 4, 2016
Page 6
Councilmember Kors requested amendments to the nondiscrimination
clause to include Disability, Gender Identity, and Gender Expression,
requested Section 7.3 titled Amendments to include any amendment shall
be approved by City Council, and requested Section 7.9 and 7/12 include
"first class Virgin Brand Hotel."
Mayor Moon opened the public hearing, and the following speakers
addressed the City Council.
MICHAEL BRAUN, Applicant, stated he has no objections to the proposed
changes as long as it stays a Virgin Hotel brand, commented on the
construction costs of the development and the need for the subsidy.
No further speakers coming forward, the public hearing was closed.
ACTION: Approve an Amended and Restated Operations Covenant, as
amended, transferring Operations Covenant A6641 recorded as DOC
#2015-0000803 in the Official Records of the County of Riverside from
Block F to Block B-1 of the Downtown Palm Springs Specific Plan; and
3) Authorize the City Manager to execute all documents required to
effectuate the transferred covenant, subject to review and approval by the
City Attorney, amending the agreement to provide a start date of
December 2017, include a provision that this is a one-time transfer,
include a provision the City shall not issue or grant a building permit or
another hotel incentive permit, at the site including Block K, until the Virgin
Hotel is opened and operational with a Certificate of Occupancy, amended
the nondiscrimination clause to include Disability, Gender identity, and
Gender Expression, amend Section 7.12 to include first class Virgin
Hotel," and require any other amendment shall be approved by the City
Council . A6641. Motion Councilmember Roberts, seconded by Mayor
Pro Tern Mills 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.
1.D. APPEAL BY MICHAEL BECKMAN, OWNER OF THE TRUSS & TWINE
BAR & RESTAURANT, OF THE HISTORIC SITE PRESERVATION
BOARD ACTION OF MARCH 8, 2016 DENYING A CERTIFICATE OF
APPROVAL FOR EXTERIOR ALTERATIONS TO THE EL PASEO
BUILDING, A CLASS 1 HISTORIC SITE AND CONTRIBUTING
STRUCTURE WITHIN THE LAS PALMAS BUSINESS HISTORIC
City Council Minutes
May 4, 2016
Page 7
DISTRICT; LOCATED AT 800 NORTH PALM CANYON DRIVE, ZONE
C-1 (CASE 3.1198 MAA 1 HSPB #27):
Flinn Fagg, Director of Planning Services, provided background
information as outlined in the Staff Report dated May 4, 2016.
Councilmember Roberts questioned the extent of the change to the
building including the reduction to the opening.
Councilmember Kors questioned if the requested changes affected any
portion or contributing factor of the historic designation.
Mayor Moon commented on the historic photographs of the building and
questioned the finish of the new materials.
Mayor Moon opened the public hearing, and the following speakers
addressed the City Council.
MICHAEL BECKMAN, Applicant, commented on the extent of the
renovation and the materials.
GARY JOHNS, commented on the approval of the HSPB on Certificate of
Approvals, specifically on the El Paseo building, and the effects of the
remodel on the historic aspects of the building.
JONA PLOSS, read a statement by Roxann Ploss, noting the prior
requests for Certificate of Approval to remodel the historic site and
building.
No further speakers coming forward, the public hearing was closed.
The City Council discussed and/or commented on the following with
respect to the appeal and the condition of the building: the prior approvals
for changes to the building, future potential outdoor dining at the location,
the attempt to bring the building back to the original, working within the
existing opening, matching existing materials, and the small curb removal.
ACTION: Adopt Resolution No. 24018, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
UPHOLDING THE APPEAL OF MICHAEL BECKMAN, REVERSING THE
MARCH 8, 2016, DECISION OF THE HISTORIC SITE PRESERVATION
BOARD, AND GRANTING A CERTIFICATE OF APPROVAL FOR A NEW
FOLDING GLASS STOREFRONT SYSTEM AT THE TRUSS & TWINE
BAR AND RESTAURANT, LOCATED AT 800 NORTH PALM CANYON
DRIVE; CLASS 1 HISTORIC SITE #27, LAS PALMAS BUSINESS
HISTORIC DISTRICT," amending the Conditions of Approval to include
the following: i) working within the existing opening, ii) matching the
existing glass and materials, and iii) removal of the small six-inch curb.
City Council Minutes
May 4, 2016
Page 8
Motion Councilmember Roberts, seconded by Mayor Pro Tem Mills
and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Kors, Councilmember Roberts, Mayor Pro
Tem Mills, and Mayor Moon.
NOES: None.
ABSENT: Councilmember Foat.
I.E. PROPOSED DESIGNATION OF 1164 NORTH CALLE ROLPH THE BEL
VISTA RESIDENCE AS A CLASS 1 HISTORIC SITE AND NOTICE OF
EXEMPTION FROM CEQA (CASE HSPB #100):
ACTION: 1) Continue the Public Hearing to May 18, 2016, at the request
of the Applicant; and 2) Direct the City Clerk to post a Notice of Continued
Public Hearing as required by law. Motion Mayor Pro Tem Mills,
seconded by Councilmember Kors and unanimously carried 4-0 on a
roll call vote.
AYES: Councilmember Kors, Councilmember Roberts, Mayor Pro
Tem Mills, and Mayor Moon.
NOES: None.
ABSENT: Councilmember Foat.
PUBLIC COMMENT:
ROBERT HUNT, commented on the budget for the Palm Springs Bureau of Tourism,
and requested full funding for the Bureau of Tourism.
ALLEN WORTHY, commented on civil rights in the City of Palm Springs, and retaining
the City Attorney.
MARLA MALASPINA, commented on the impact of short-term vacation rentals on City
of Palm Springs residents, and requested the City Council consider the
recommendations by Protect our Neighborhoods.
RON deHART, commented on the Palm Springs Pride event.
STEVEN NASH, commented on the Desert X art work event.
ROBERT FINDLEY, commented on the services provided by the City Attorney and
various outside legal service contracts.
DAVID FREEDMAN, commented on the services provided by the City Attorney and
various outside legal service contracts.
RICHARD NOBLE, commented on his proposed rainbow crosswalks, and his proposal
for Indigenous Peoples' Day, and requested the City Council support the National
Equality Act.
City Council Minutes
May 4, 2016
Page 9
JIM STUART, commented on Fire Department inspection fees, funding of the Palm
Springs Bureau of Tourism, and the operation of bike lanes in the City of Palm Springs.
NANCY STUART, provided an update on the activities of the Palm Springs Tram and
the relationship with the Palm Springs Bureau of Tourism.
ROBERT JULIAN, commented on the relationship with the Palm Springs Police
Department and Rob Pacheco, and the current contract with Rob Pacheco.
ROGER TANSEY, commented on the current contract with Rob Pacheco and
requested the City Council cease and desist any Brown Act Violations.
RON MATLIN, thanked the City Council and Staff and commented on the current
responsiveness of the City.
PATRICIA BRESLIN, commented on the BUZZ and the route thru the historic Tennis
Club neighborhood.
NATE OTTO, commented on the activities of tourism and sustainability, and requested
the City Council write letters in support of sustainable activities.
JOY BROWN MEREDITH, stated her support for Item 5.B. and affordable housing
activities in the City of Palm Springs.
The City Council recessed at 8:46 p.m.
The City Council reconvened at 8:56 p.m.
CITY COUNCIL SUB-COMMITTEE REPORTS AND UPDATES:
Councilmember Roberts provided an update on the Downtown Revitalization
Subcommittee.
Councilmember Kors provided an update on the Sustainability City Council
Subcommittee and requested an item on the May 18, 2016, Agenda regarding the
Eagle Mountain Development and land for the Joshua Tree National Park considering a
letter of support and a full Environmental Impact Report be performed, and provided an
update on the Ethics, Transparency, and Governmental Reform Task Force, and the
Business Retention City Council Subcommittee.
Mayor Moon provided an update on the Dog Park Subcommittee and the Plaza Racquet
Club Subcommittee.
COUNCILMEMBER COMMENTS:
Councilmember Roberts stated he would like to be appointed to the City Council Indian
Canyon Subcommittee, and requested a meeting of the Subcommittee.
City Council Minutes
May 4, 2016
Page 10
Councilmember Kors requested on the May 18, 2016, Agenda a discussion on City
Attorney services, a separate item regarding the legal services of Rod Pacheco, a
discussion item to develop a policy on retaining, releasing and discussion regarding
outside legal counsel, discussion on expanding non-smoking ordinance for outdoor
restaurants and bars, temporary rules for campaign and other signs, a discussion on
drafting a prevailing wage policy for when the City provides grants, a resolution on the
Equality Act, and discussion on Vacation Rental regulations.
Mayor Moon requested Staff comment on the removal of the crosswalk south of the
Hyatt, requested City Staff place an item on the agenda to discuss allowing alcoholic
beverages on social cycles, portable restrooms, a discussion on the noise ordinance for
the Downtown Revitalization Project, shopping cart ordinance, and a staff report on Fire
Inspections.
Councilmember Roberts requested an update on the City Council Strategic Planning
session, and the potential signal at Via Escuela and Palm Canyon.
CITY MANAGER'S REPORT: None.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.C., 2.D., 2.E., 2.G., 2.H., 2.1., 21., and 2.M.
Motion Councilmember Roberts, seconded by Mayor Pro Tern Mills 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.
2.A. REPORT ON THE POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the May 4, 2016, City
Council Agenda. Approved as part of the Consent Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION:1) Adopt Resolution No. 24019, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1084937 THROUGH 1085086 IN THE AGGREGATE
AMOUNT OF $2,242,598.35, DRAWN ON BANK OF AMERICA;" 2) Adopt
Resolution No. 24020, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF PAYROLL WARRANTS FOR THE PERIOD ENDED 04-09-2016 BY
WARRANTS NUMBERED 419500 THROUGH 419514 TOTALING
$20,963.17, LIABILITY CHECKS NUMBERED 1085087 THROUGH
1085105 TOTALING $90,754.78, FIVE WIRE TRANSFERS FOR
$58,075.01, AND THREE ELECTRONIC ACH DEBITS OF $1,219,240.66
City Council Minutes
May 4, 2016
Page 11
IN THE AGGREGATE AMOUNT OF $1,389,033.62, DRAWN ON BANK
OF AMERICA;" 3) Adopt Resolution No. 24021, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1085106 THROUGH 1085236 IN THE AGGREGATE
AMOUNT OF $1,694,903.30, DRAWN ON BANK OF AMERICA;" and
4) Adopt Resolution No. 24022, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1085237 THROUGH 1085369 IN THE AGGREGATE
AMOUNT OF $2,014,985.14, DRAWN ON BANK OF AMERICA."
Approved as part of the Consent Calendar.
2.D. TREASURER'S INVESTMENT REPORT AS OF MARCH 31, 2016:
ACTION: Receive and File the Treasurer's Investment Report as of
March 31, 2016. Approved as part of the Consent Calendar.
2.E. PROPOSED RESOLUTION AUTHORIZING THE CITY OF PALM
SPRINGS TO APPLY FOR CALRECYCLE PAYMENT PROGRAMS:
ACTION: Adopt Resolution No. 24024, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING SUBMITTAL TO THE DEPARTMENT OF RESOURCES,
RECYCLING, AND RECOVERY (CALRECYCLE) APPLICATION FOR
PAYMENT PROGRAMS AND RELATED AUTHORIZATIONS." Approved
as part of the Consent Calendar.
2.G. APPROVE A MILLS ACT HISTORIC SITE CONTRACT WITH VINCENT
MARSH AND THE RACQUET CLUB GARDEN VILLAS HOMEOWNERS
ASSOCIATION, FOR 360 CABRILLO ROAD UNIT 211-212
(HSPB #88/HD-3):
ACTION: 1) Approve a Mills Act Historic Property Agreement with Vincent
Marsh and the Racquet Club Garden Villas Homeowners Association, for
360 Cabrillo Road, Unit 211-212, a Class 1 Historic Site; 2) Authorize the
City Manager to execute the Agreement; and 3) Direct the City Clerk to
record the Agreement. A6849. Approved as part of the Consent
Calendar.
2.H. ART MURAL APPLICATION FOR AN EXISTING MURAL ON THE
COMMERCIAL BUILDING AT 2481-2483 NORTH PALM CANYON
DRIVE FROM OWNER DIANE STEWART (CASE 15-003 MUR):
ACTION: Adopt Resolution No. 24025, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING AN ART MURAL ON THE COMMERCIAL BUILDING
LOCATED AT 2481-2483 NORTH PALM CANYON DRIVE, ZONE C-1,
SECTION 3." Approved as part of the Consent Calendar.
City Council Minutes
May 4, 2016
Page 12
2.1. APPROVE A MILLS ACT HISTORIC SITE CONTRACT WITH PATRICK
OBERLY AND THE RACQUET CLUB GARDEN VILLAS
HOMEOWNERS ASSOCIATION, FOR 360 CABRILLO ROAD UNIT 122
(HSPB #881HD-3):
ACTION: 1) Approve a Mills Act Historic Property Agreement with Patrick
Oberly and the Racquet Club Garden Villas Homeowners Association, for
360 Cabrillo Road, Unit 122, a Class 1 Historic Site; 2) Authorize the City
Manager to execute the Agreement; and 3) Direct the City Clerk to record
the Agreement. A6850. Approved as part of the Consent Calendar.
21. ACCEPTANCE OF THE VISTA CHINO AT FARRELL DRIVE STREET
IMPROVEMENTS, FEDERAL AID PROJECT NUMBER CML 5282 (037)
(CITY PROJECT NO. 09-11):
ACTION: 1) Accept the public works improvement identified as the Vista
Chino at Farrell Drive Street Improvements, Federal Aid Project No. CML
5282 (037), City Project No. 09-11, as completed in accordance with the
plans and specifications; and 2) Authorize the City Engineer to execute
and file for recordation with the Riverside County Recorder a Notice of
Completion for the Vista Chino at Farrell Drive Street Improvements,
Federal Aid Project No. CML 5282 (037), City Project No. 09-11. A6593.
Approved as part of the Consent Calendar.
2.M. ACCEPTANCE OF THE BOGERT TRAIL BRIDGE REHABILITATION
PROJECT, CITY PROJECT NO. 07-03, FEDERAL AID PROJECT NO.
BHLS 5282 (026):
ACTION: Accept the public works improvement identified as the Bogert
Trail Bridge Rehabilitation at Palm Canyon Wash, Federal Aid Project
No. BHLS 5282 (026), City Project No. 07-03, as completed in accordance
with the plans and specifications; and 2) Authorize the City Engineer to
execute and file for recordation with the Riverside County Recorder a
Notice of Completion for the Bogert Trail Bridge Rehabilitation Project,
City Project No. 07-03. A6657. Approved as part of the Consent
Calendar.
EXCLUDED CONSENT CALENDAR:
2.13. APPROVAL OF MINUTES:
Councilmember Kors requested a correction to the April 20, 2016, minutes on
Page 10 regarding his comments on whether the City should continue the
services of Rod Pacheco.
ACTION: Approve the City Council Minutes of April 20, 2016, as amended.
Motion Councilmember Roberts, seconded by Mayor Pro Tem Mills and
unanimously carried 4-0 on a roll call vote.
City Council Minutes
May 4, 2016
Page 13
AYES: Councilmember Kors, Councilmember Roberts, Mayor Pro Tern
Mills, and Mayor Moon.
NOES: None.
ABSENT: Councilmember Foat.
2.F. AUTHORIZATION AND CONSENT FOR ALL PROPERTIES WITHIN PALM
SPRINGS TO PARTICIPATE IN THE CALIFORNIA FIRST PACE PROGRAM
TO FINANCE RENEWABLE ENERGY, ENERGY AND WATER EFFICIENCY
IMPROVEMENTS AND AUTHORIZING RELATED ACTIONS:
ACTION: Adopt Resolution No. 24023, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONSENTING TO
THE INCLUSION OF PROPERTIES WITHIN THE TERRITORY OF THE CITY
IN THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT
AUTHORITY (CSCDA) OPEN PACE PROGRAMS, AUTHORIZING THE CSCDA
TO ACCEPT APPLICATIONS FROM PROPERTY OWNERS, CONDUCT
CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY CONTRACTUAL
ASSESSMENTS WITHIN THE TERRITORY OF THE CITY, AND
AUTHORIZING RELATED ACTIONS." Motion Mayor Pro Tom Mills, seconded
by Councilmember Roberts 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.
2.J. AUTHORIZE PURCHASE ORDER IN THE AMOUNT OF $187,900 WITH
ALBERT A. WEBB & ASSOCIATES FOR ENGINEERING DESIGN SERVICES
FOR THE MEASURE J COMMUNITY HOT SPOTS PROJECTS (CITY
PROJECT NO. 15-31):
ACTION: 1) Authorize a Purchase Order in the amount of $187,900 with the
City's "on-call" engineering firm, Albert A. Webb & Associates, pursuant to
Agreement No. 6443, for civil and traffic engineering design services associated
with the Measure J Community Hot Spots Project (City Project No. 15-31); and
2) Authorize the City Manager to execute all necessary documents. A6443.
Motion Mayor Pro Tom Mills, seconded by Mayor Moon and unanimously
carried 4-0 on a roll call vote.
AYES: Councilmember Kors, Councilmember Roberts, Mayor Pro Tem
Mills, and Mayor Moon.
NOES: None.
ABSENT: Councilmember Foat.
2.K. APPROVE A CONSENT TO EASEMENT AS THE HOLDER OF A
PERFORMANCE DEED OF TRUST THAT BURDENS BLOCK A-1 IN THE
City Council Minutes
May 4, 2016
Page 14
DOWNTOWN PALM SPRINGS PROJECT FOR A SIDEWALK IMMEDIATELY
SOUTH OF THE HYATT HOTEL FOR THE BENEFIT OF THE HYATT HOTEL:
City Attorney Holland provided background information as outlined in the Staff
Report dated May 4, 2016.
ACTION: Authorize the City Manager to execute the Consent To Easement on
behalf of the City of Palm Springs as the beneficiary of the Performance Deed of
Trust. A6144. Motion Mayor Pro Tern Mills, seconded by Councilmember
Roberts 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.
Mayor Pro Tem Mills stated he has a business related conflict of interest with respect to
Item 2.N., is working on a project near the property, would not participate in the
discussion or the vote, and left Council Chamber.
2.N. FREEHOLD CAPITAL MANAGEMENT (FCM), LLC, REQUESTING A ONE-
YEAR EXTENSION OF TIME FOR PHASE 2 (A PORTION) OF TENTATIVE
TRACT MAP 31848, A PREVIOUSLY APPROVED SUBDIVISION FOR THE
DEVELOPMENT OF 1,150 SINGLE-FAMILY AND MULTI-FAMILY
RESIDENTIAL UNITS, 18-HOLE GOLF COURSE, CLUBHOUSE, POOL, SPA,
TENNIS COURTS, AND A PARK LOCATED ALONG THE NORTH SIDE OF
SAN RAFAEL DRIVE, EAST OF NORTH INDIAN CANYON DRIVE, SOUTH OF
THE WHITEWATER RIVER AND WEST OF SUNRISE WAY, (CASE 5.0982 PD
2901 TTM 31848):
Flinn Fagg, Director of Planning Services, provided background information as
outlined in the Staff Report dated May 4, 2016.
The City Council discussed and/or commented on the following: the Planning
Commission discussion regarding a Condition of Approval as part of the
extension, questioned the environmental analysis, the construction of interior
roads, and the consequences of not approving the extension.
ACTION: Adopt Resolution No. 24026, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A
ONE-YEAR EXTENSION OF TIME FROM MAY 5, 2016, TO MAY 5, 2017, FOR
TTM 31848, A PREVIOUSLY APPROVED SUBDIVISION OF 309 ACRES TO
CONSTRUCT 1,150 SINGLE-FAMILY AND MULTI-FAMILY UNITS, GOLF
COURSE, A CLUBHOUSE, POOL, SPA, TENNIS COURTS, AND A PARK
LOCATED ALONG THE NORTH SIDE OF SAN RAFAEL DRIVE, EAST OF
INDIAN CANYON DRIVE, SOUTH OF THE WHITEWATER RIVER AND WEST
OF SUNRISE WAY; ZONE PD 290, SECTION 35." Motion Councilmember
Roberts, seconded by Councilmember Kors and unanimously carried 3-0
on a roll call vote.
City Council Minutes
May 4, 2016
Page 15
AYES: Councilmember Kors, Councilmember Roberts, and Mayor Moon,
NOES: None.
ABSENT: Councilmember Foat and Mayor Pro Tem Mills.
Mayor Pro Tem Mills returned to the dais.
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS:
4.A. REPORT ON THE PROPOSED SECURITY PLAN FOR THE TOWN &
COUNTRY CENTER, LOCATED AT 146-174 NORTH PALM CANYON
DRIVE AND 167-171 NORTH INDIAN CANYON DRIVE (HSPB #51):
Flinn Fagg, Director of Planning Services, provided background
information as outlined in the Staff Report dated May 4, 2016.
The City Council discussed and/or commented on the following:
continuing the item for more information, plan to be submitted to the
Subcommittee, the status of possible upstairs tenants, and the exterior
cleanup.
ACTION: Tabled for additional information. Motion Councilmember
Roberts, seconded by Mayor Pro Tem Mills and unanimously carried
4-0 on a roll call vote.
AYES: Councilmember Kors, Councilmember Roberts, Mayor Pro
Tem Mills, and Mayor Moon.
NOES: None.
ABSENT: Councilmember Foat.
4.13. PRELIMINARY OVERVIEW OF THE FISCAL YEAR 2016-17 BUDGET:
City Manager Ready provided background information as outlined in the
Staff Report dated May 4, 2016.
The City Council discussed and/or commented on the following: the
discussion of a reserve policy, the preparation of a list and costs of
optional programs, the full costs of programs and events, a discussion on
the total amount the City Council will want to allocate for sponsorships and
grants, possible options for costs to reopen Fire Station No. 5, and
additional methods to curb program costs.
No action taken.
City Attorney Holland stated he may have a business related conflict of interest
with respect to Item 4.C., would not participate in the discussion or the vote, and
left Council Chamber.
City Council Minutes
May 4, 2016
Page 16
4.C. CONTINUED DISCUSSION ON CITY ATTORNEY SERVICES AND
OUTSIDE LEGAL SERVICES CONTRACTS:
City Clerk Thompson provided background information as outlined in the
Staff Report dated May 4, 2016.
The City Council discussed and/or commented on the following with
respect to City Attorney services: salary comparison, hiring one in-house
City Attorney and initially continue the contract with WSS,
ACTION: Table the Item to May 18, 2016. Motion Councilmember
Roberts, seconded by Mayor Pro Tem Mills and unanimously carried
4-0 on a roll call vote.
AYES: Councilmember Kors, Councilmember Roberts, Mayor Pro
Tem Mills, and Mayor Moon.
NOES: None.
ABSENT: Councilmember Foat.
Councilmember Kors requested the City Council consider a policy
adopting regulations for outside legal counsel, "Closed Session may not
be held to consider qualifications or engagement of an independent
contract attorney or law firm for litigation services or otherwise unless
discussion in open session concerning those matters would likely
prejudice the position of the city in litigation."
City Attorney Holland returned to Council Chamber.
5. NEW BUSINESS:
5.A. APPOINTMENT OF AN AD HOC CITY COUNCIL SUBCOMMITTEE
REGARDING THE CITY COUNCIL RULES OF PROCEDURE AND THE
CONDUCT OF CITY COUNCIL MEETINGS:
ACTION: Appoint Councilmember Roberts and Councilmember Kors to an
ad hoc subcommittee to further study and make recommendations to the
City Council Rules of Procedure and the conduct of City Council meetings.
Motion Mayor Pro Tem Mills, seconded by Councilmember Roberts
and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Kors, Councilmember Roberts, Mayor Pro
Tem Mills, and Mayor Moon.
NOES: None.
ABSENT: Councilmember Foat.
City Council Minutes
May 4, 2016
Page 17
S.B. APPOINTMENT OF A CITY COUNCIL AD HOC SUBCOMMITTEE FOR
AFFORDABLE HOUSING:
ACTION:Table to the meeting of May 18, 2015. Motion Councilmember
Roberts, seconded by Mayor Pro Tern Mills 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.
5.C. APPROVAL OF VARIOUS ACTIONS RELATED TO THE CITY OF
PALM SPRINGS WASTEWATER TREATMENT PLANT UPGRADE
(CITY PROJECT NO. 15-14):
Marcus Fuller, Assistant City Manager/City Engineer, provided
background information as outlined in the Staff Report dated May 4, 2016.
The City Council discussed and/or commented on the following: the
purpose of the project, the time frame a contractor must hold a bid, the
status of State funding, obtaining and budgeting for an Owner's
Representative, and the timeliness of the plant upgrades.
ACTION: 1) Approve Amendment No. 1 to Agreement No. 6691 with
Veolia Water West Operating Services, Inc., in the amount of $213,531 for
a revised total contract amount of $2,919,027 for professional engineering
and construction management services associated with the construction
phase of the City of Palm Springs Wastewater Treatment Plant Upgrade,
City Project No. 15-14; 2) Approve the list of pre-qualified general
contractors for the City of Palm Springs Wastewater Treatment Plant
Upgrade, City Project No. 15-14, to include: a) Cushman Contracting -
Goleta, CA b) C.W. Roen Construction - Danville, CA c) GSE Construction
- Livermore, CA d) J.F. Shea Construction - Walnut, CA e) J.R. Filanc
Construction - Escondido, CA f) Pascal & Ludwig Constructors - Ontario,
CA g) PCL Construction - Corona, CA h) Shimmick Construction - Irvine,
CA i) SSC Construction - Corona, CA j) Stanek Constructors - Escondido,
CA k) W.M. Lyles Co. - Temecula, CA 3) Reconfirm approval of the plans,
specifications, and working details for the City of Palm Springs
Wastewater Treatment Plant Upgrade, City Project No. 15-14, inclusive of
the design-build of new potable water and fire line system improvements,
4) Authorize staff to advertise for bids with pre-qualified contractors; and
5) Authorize the City Manager to execute all necessary documents.
A6691. Motion Mayor Pro Tern Mills, seconded by Mayor Moon and
unanimously carried 4-0 on a roll call vote.
City Council Minutes
May 4, 2016
Page 18
AYES: Councilmember Kors, Councilmember Roberts, Mayor Pro
Tem Mills, and Mayor Moon.
NOES: None.
ABSENT: Councilmember Foat.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: None.
ADJOURNMENT: The City Council adjourned at 10:34 p.m. to an Adjourned Regular
Meeting, Wednesday, May 11, 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
1ST" DAY OF JUNE, 2016.
ROBERT MOON, MAYOR
ATTEST:
MES THOMPSON, CITY CLERK