HomeMy WebLinkAbout2016-03-02 CC MINUTES CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
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MEETING MINUTES
WEDNESDAY, MARCH 2, 2016
CITY HALL COUNCIL CHAMBER
CALL TO ORDER: Mayor Moon called the meeting to order at 6:07 p.m.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge.
INVOCATION: Rev. Kevin Johnson, Bloom of the Desert United Church of 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:
Councilmember Kors announced the Brightwood College Ribbon-Cutting.
Mayor Moon announced the Fine Arts Fair, Fallen Heroes Memorial Exhibit and the
Welwood Memorial Library 75th Anniversary.
Councilmember Mills provided an update on the Palm Springs Black History Month
Parade.
Councilmember Foat announced the PS Organica Ribbon-Cutting.
Mayor Moon announced the Bogert Trail Bridge Grand Opening.
Councilmember Kors announced the upcoming meeting of the Ethics, Transparency
and Governmental Reform Task Force and the Sustainability Commission Retreat.
Mayor Moon provided an update on the Palm Springs Chamber of Commerce
Luncheon regarding homelessness.
Councilmember Foat provided an update on pets for adoption at the Palm Springs
Animal Shelter.
City Council Minutes
March 2, 2016
Page 2
REPORT OF CLOSED SESSION:
The meeting was called to order at 4:30 p.m. and the following speakers addressed the
City Council regarding Closed Session items.
FRANK TYSEN, urged the City Council to resolve the Downtown matter to avoid
litigation.
DAVID ZIPPEL, commented on the Downtown Revitalization project.
JUDY DEERTRACK, submitted a demand letter, and requested the City Council
consider obtaining the services of the California Attorney General.
TIM ERKINS, commented on the Downtown Revitalization project.
STEVEN SIMS, commented on the Downtown Revitalization project.
LUCIE ARNAZ LUCKINBILL, stated the City is in violation of several planning and
conflict of interest laws, and threatened litigation.
LAWRENCE LUCKINBILL, commented on the Downtown Revitalization project.
JOHN NANOS, commented on the Downtown Revitalization project, and requested the
City Council wait until the FBI investigation is complete.
SAMMY RAFAEL. commented on the Downtown Revitalization project.
THOMAS WORTHY, commented on his claim against the City.
The City Council recessed into Closed Session to discuss items on the posted Closed
Session Agenda.
City Attorney Holland stated Councilmember Roberts did not participate in one Item of
Initiation of Litigation as it pertained to a property located in the vicinity of his residence.
City Attorney Holland reported 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 the City Council consider reopening the public hearing and
accept further public testimony for Public Hearing Item 1.C.
The City Council discussed and/or commented on the process and merits of re-opening
the public hearing.
City Council Minutes
March 2, 2016
Page 3
ACTION: Reopen the public hearing and accept further public testimony for Public
Hearing Item 1.C. for the Museum Market Plaza Specific Plan. Motion Mayor Moon,
seconded by Councilmember Kors and carried 4-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember Kors, Councilmember Roberts, and
Mayor Moon.
NOES: Mayor Pro Tern Mills.
Mayor Pro Tern Mills noted a business related abstention on Item 2.G. Tract Map
No. 33561.
Councilmember Foat requested Items 2.G., 2.H., and 2.J. be removed from the Consent
Calendar for separate discussion.
Councilmember Kors requested Item 2.1. be removed from the Consent Calendar for
separate discussion.
City Attorney Holland requested the City Council consider adding an Item to the Agenda
as Item S.D. titled DISCUSSION AND PROPOSED ACTION ON SB876 (LIU)
ENFORCEMENT OF ORDINANCES, and stated this item 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 Item.
ACTION: 1) Determine the Item 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 Item; and 2)
Add to the Agenda as Item 5.D. DISCUSSION AND PROPOSED ACTION ON SB876
(LIU) ENFORCEMENT OF ORDINANCES. Motion Councilmember Roberts,
seconded by Councilmember Kors and unanimously carried (5-0) on a roll call
vote.
ACTION: Accept the Agenda as amended. Motion Councilmember Roberts,
seconded by Councilmember Kors and unanimously carried on a roll call vote.
1. PUBLIC HEARINGS:
I.A. ROBERT HERSCU OF SOUTH PALM CANYON, LLC, APPEALING
THE DECEMBER 9, 2015, DECISION OF THE PLANNING
COMMISSION TO DENY A REQUEST FOR A ONE-YEAR EXTENSION
OF TIME FOR A PREVIOUSLY APPROVED MIXED-USE PLANNED
DEVELOPMENT DISTRICT CONSISTING OF 125 CONDOMINIUM
UNITS AND APPROXIMATELY 39,000-SQUARE FEET OF
COMMERCIAL RETAIL SPACE ON A 2.67-ACRE SITE LOCATED AT
440-490 SOUTH PALM CANYON DRIVE (PDD 311):
Flinn Fagg, Director of Planning Services, provided background
information as outlined in the Staff Report dated March 2, 2016.
City Council Minutes
March 2, 2016
Page 4
Councilmember Roberts questioned if any new information has been
submitted by the applicant.
ACTION: 1) Public Testimony was closed on February 3, 2016;
2) Continue the hearing and City Council deliberations to April 6, 2016;
and 3) Direct the City Clerk to post a Notice of Continuance as required by
law. Motion Mayor Pro Tern Mills, seconded by Councilmember
Roberts and unanimously carried on a roll call vote.
1.13. HOTEL INCENTIVE PROGRAM, THE PALM GROVE GROUP (THE
ARRIVE HOTEL), 1551 NORTH PALM CANYON DRIVE:
Laurie Aylaian, Director of Community and Economic Development,
provided background information as outlined in the Staff Report dated
March 2, 2016.
Councilmember Kors requested the City Attorney address the project and
the public hearing requirements.
Mayor Moon questioned the estimated amount of the TOT incentive for
the applicant.
Mayor Moon opened the public hearing, and the following speakers
addressed the City Council.
CHRIS PARDO, Applicant, stated the incentive program was instrumental
in his decision to build the hotel in the City of Palm Springs and at the site
due to the allowable size.
JUDY DEERTRACK, stated she thought the Arrive had requested an
economic incentive grant in the past.
No further speakers coming forward, the public hearing was closed.
ACTION: 1) Approve a Hotel Operations Covenant Agreement with the
Palm Grove Group, LLC (Arrive Hotel) located at 1551 North 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 2) Authorize the City Manager to execute all necessary
documents. A6830. Motion Councilmember Roberts, seconded by
Councilmember Foat and unanimously carried on a roll call vote.
1I.C. CONSIDERATION OF AN AMENDMENT TO THE MUSEUM MARKET
PLAZA SPECIFIC PLAN AND ADDENDUM NO. 2 TO THE FINAL
ENVIRONMENTAL IMPACT REPORT (CASE NO. 5.1204 SP A-1):
City Council Minutes
March 2, 2016
Page 5
Flinn Fagg, Director of Planning Services, provided background
information as outlined in the Staff Report dated March 2, 2016.
Councilmember Kors questioned the setbacks on Block B and B1 and the
process of approval for the current project.
Mayor Moon questioned if the Specific Plan required the developer to
build a lot on Block K and questioned provisions for intermediate action on
the Town and Country Center.
Councilmember Roberts provided an update on the proposed
Development Agreement and questioned if the permit that was issued on
Block B was for the parking garage only.
Mayor Moon questioned the history of the proposed name change for the
plan.
Mayor Moon opened the public hearing, and the following speakers
addressed the City Council.
ROBERT JOHNSTON, Palm Springs, commented on bicycle lanes on
Palm Canyon and Indian Canyon near the project.
JUDY DEERTRACK, requested the City Council consider contacting the
California Attorney General for G.C. 1090 violations.
LISA MIDDLETON, requested the City Council consider if the Green
Building Codes will apply to the projects.
MICHAEL JOHNSTON, commented on the allowable setbacks for the
Virgin Hotel.
EMILY HEMPHILL, commented on the Applicant's relationship with the
Palm Springs Film Festival and the G.C. 1090 allegations, and stated this
City Council needs to decide to move forward for the benefit of the
community.
CHRIS PARDO, Representing Applicant, commented on setbacks on
Block B1.
No further speakers coming forward, the public hearing was closed.
Councilmember Roberts requested the City Council consider increasing
the setbacks on Block B and Block B1, eliminate three rooms at the
proposed Virgin Hotel, commented on comparison of height of Block C to
the Annex, requested the City Council consider restriction of Block F to
City Council Minutes
March 2, 2016
Page 6
residential use only above the first floor, requested the City Council
consider green building methods, require 24 hour security on the Town
and Country Center, requested a committee to address the restoration of
the Town and Country, and commented on the proposed National
Register Listing for the Town and Country Center.
Councilmember Kors requested Staff outline the setbacks on Main Street,
questioned if Block G was to be commercial with residential above the
ground floor, requested the word "should" be changed to "shall' in several
places throughout the Plan, commented on the requirements for a green
building program, the height for Block B1, requested "all gender" single
restrooms, and commented on the National Register Listing.
Councilmember Foat requested a maximum of 10-years in the
Development Agreement, commented on the setbacks on Block B, the
ability to close Main Street for events, and commented on the setbacks for
Block B and Block B1 on Main Street.
Mayor Pro Tern Mills commented on the setbacks for Block B and Block
B1 on Main Street, stated his support of Block B1 for the Virgin Hotel
brand added to the Specific Plan, green building code requirements,
adding the distance between Block C and Block C1 in the Specific Plan,
proposed changes to footnote 19, the use on Block D, the parking
requirements for Blocks D, F, and G, clearance for emergency vehicles
and deliveries, and substitute conception plan for the Event Space.
Councilmember Kors requested Staff address the impact of moving
setbacks on Block B and Block B1, the setbacks on Block F, and
requested the Applicant address the sightlines.
Councilmember Roberts commented on the impacts of an increased
setback for Block B and Block B1 on Main Street, and requested an
aesthetic plan for the stair tower on Block C1.
Councilmember Foat questioned the pedestrian route to the parking
garage.
Mayor Moon requested 24-hour security and the need to take immediate
remedial action for the Town and Country Center, stated his support of the
reduction of the Annex, commented on the setbacks on Block B and Block
B1.
Mayor Pro Tern Mills commented on the height of the Annex, and
suggested a required stepping of maximum height up to 40 feet and
reducing to 28 feet on Palm Canyon, expressed concern for imposing
City Council Minutes
March 2, 2016
Page 7
requirements on the entitled Kimpton stairwell structure, and commented
on access to parking.
Councilmember Kors commented on the proposed amendment for
stepping of the Annex building, and the setbacks for Block B and
Block B1.
ACTION: Increase the set-back on Block B and B1 by six-feet on the
south side of the buildings. Motion Councilmember Roberts, seconded
by Councilmember Foat and carried 3-2 on a roll call vote.
AYES: Councilmember Foat, Councilmember Roberts, and Mayor
Moon.
NOES: Councilmember Kors and Mayor Pro Tern Mills.
MOTION: Reduce the height for the Annex to 28 feet in height on Block C.
Motion Councilmember Roberts, failed for lack of a second.
ACTION: Limit the Annex height on Block C not higher than 28 feet along
Palm Canyon and Main Street and the height may step up to 40 feet
toward Block C. Motion Councilmember Foat, seconded by
Councilmember Kors and carried 3-2 on a roll call vote.
AYES: Councilmember Foat, Councilmember Kors, and Mayor
Moon.
NOES: Councilmember Roberts, and Mayor Pro Tern Mills.
ACTION: Create a Committee consisting of Councilmember Roberts and
Councilmember Foat, and representatives from the Planning Commission,
HSPB, ModCom and the Applicant to further study Block K and the Town
and Country. Motion Councilmember Roberts, seconded by
Councilmember Foat and carried 4-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember Kors, Councilmember
Roberts, and Mayor Moon.
NOES: Mayor Pro Tern Mills.
ACTION: Require future buildings be subject to Green Building "tree" level
guidelines at the time a building permit is issued. Motion Councilmember
Kors, seconded by Councilmember Foat and carried 4-1 on a roll call
vote.
AYES: Councilmember Foat, Councilmember Kors, Councilmember
Roberts, and Mayor Moon.
NOES: Mayor Pro Tem Mills.
City Council Minutes
March 2, 2016
Page 8
MOTION: Eliminate/reduce the three hotel rooms on the southwest corner
of Block B1. Motion Councilmember Roberts, failed for lack of a
second.
ACTION: Require Virgin Hotel "brand" for Block B1. Motion
Councilmember Kors, seconded by Mayor Pro Tern Mills and
unanimously carried on a roll call vote.
ACTION: 1) Adopt Resolution No. 23977, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING ADDENDUM NO. 2 TO THE PREVIOUSLY-CERTIFIED
ENVIRONMENTAL IMPACT REPORT FOR, AND AMENDING THE
MUSEUM MARKET PLAZA SPECIFIC PLAN, REDESIGNATED AS THE
DOWNTOWN PALM SPRINGS SPECIFIC PLAN;" 2) Waive the reading
of the ordinance text in its entirety and introduce for first reading
Ordinance No. 1889, "AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING THE MUSEUM MARKET PLAZA
SPECIFIC PLAN, AND REDESIGNATING IT AS THE DOWNTOWN
PALM SPRINGS SPECIFIC PLAN," as amended by the previous
approved motions and minor verbiage changes; and 3) Direct the City
Council Subcommittee to coordinate with staff and Palm Springs
Promenade, LLC, to discuss the terms and conditions of a draft
Development Agreement related to the timely construction of public and
private improvements, and vesting of certain entitlements pursuant to the
scope of final changes to the Museum Market Plaza Specific Plan. Motion
Councilmember Roberts, seconded by Councilmember Kors and
unanimously carried on a roll call vote.
The City Council recessed at 9:18 p.m.
The City Council reconvened at 9:32 p.m. and Councilmember Roberts left the meeting.
PUBLIC COMMENT:
RICK PANTELE, commented on the medical cannabis ordinance, and requested the
City Council consider the plan he submitted.
STEVE ROSENBERG, commented on the medical cannabis ordinance, and requested
the City Council consider the plan he submitted.
NANCY FERGUSON, commented on Item 2.1., regarding bike lanes in the Downtown
loop, and requested the City Council approve Item 2.1.
SID CRAIG, requested the City Council consider renaming Sunrise Park as Lawrence
Crossley Park, and consider naming a building in the City in tribute to George Zander.
City Council Minutes
March 2, 2016
Page 9
CITY COUNCIL SUBCOMMITTEE REPORTS AND UPDATES:
Councilmember Kors and Councilmember Foat provided an update on the activities of
the Homelessness Subcommittee.
Mayor Moon provided an update on the Dog Park Subcommittee and the Plaza Racquet
Club Subcommittee.
Councilmember Foat requested the creation of a City Council ad hoc subcommittee to
further study Cannabis.
COUNCILMEMBER COMMENTS:
Councilmember Kors commented on Vacation Rentals, and requested Staff review
illegal vacation rentals and changes to the ordinance to increase penalties for non-
compliance and increased enforcement, and requested Staff to place on the
April 6, 2016 meeting agenda, a discussion on gender neutral restrooms.
Mayor Pro Tern Mills requested Staff address the landscaping in the medians including
the median and right-of-way at Mountain Gate and other areas in the City.
CITY MANAGER'S REPORT: None.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.6., 2.C., 2.D., 2.E., 2.F., 2.K., 21., and 2.M.
Motion Councilmember Kors, seconded by Mayor Pro Tem Mills and
unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Kors, Mayor Pro Tern Mills,
and Mayor Moon.
NOES: None.
ABSENT: Councilmember Roberts.
2.A. REPORT ON THE POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the March 2, 2016,
City Council Agenda. Approved as part of the Consent Calendar.
2.B. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of February 17, 2016, and
February 24, 2016. Approved as part of the Consent Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 23978, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
City Council Minutes
March 2, 2016
Page 10
NUMBERED 1083529 THROUGH 1083637 IN THE AGGREGATE
AMOUNT OF $1,266,428.60, DRAWN ON BANK OF AMERICA;" 2) Adopt
Resolution No. 23979, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF PAYROLL WARRANTS FOR THE PERIOD ENDED 01-30-2016 BY
WARRANTS NUMBERED 419436 THROUGH 419451 TOTALING
$28,423.53, LIABILITY CHECKS NUMBERED 1083638 THROUGH
1083656 TOTALING $89,019.35, FIVE WIRE TRANSFERS FOR
$55,939.10, AND THREE ELECTRONIC ACH DEBITS OF $1,252,896.23
IN THE AGGREGATE AMOUNT OF $1,426,278.21, DRAWN ON BANK
OF AMERICA;" and 3) Adopt Resolution No. 23980, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1083657 THROUGH 1083769 IN THE AGGREGATE
AMOUNT OF $945,189.59, DRAWN ON BANK OF AMERICA."
Approved as part of the Consent Calendar.
2.D. TREASURER'S INVESTMENT REPORT AS OF JANUARY 31, 2016:
ACTION: Receive and File the Treasurer's Investment Report as of
January 31, 2016. Approved as part of the Consent Calendar.
2.E. APPOINTMENT TO THE PERSONNEL BOARD TO FILL AN
UNEXPIRED TERM:
ACTION: Appoint Eugenio (Geno) Ochoa Sexton to the Personnel Board
for the term ending June 30, 2017. Approved as part of the Consent
Calendar.
2.F. AMENDMENT NO. 5 IN THE AMOUNT OF $97,185 TO CONSULTING
SERVICES AGREEMENT NO. A6401 FOR THE CITYWIDE SOLAR
PROJECT WITH NEWCOMB/ANDERSON/MCCORMICK, INC.
(CP 15-03):
ACTION: 1) Approve Amendment No. 5 to Agreement No. A6401,
increasing the contract amount by $97,185, for a total not to exceed
$343,398, with Newcomb/Anderson/McCormick, Inc., for construction
inspection and management services; and 2) Authorize the City Manager
to execute all necessary documents. A6401. Approved as part of the
Consent Calendar.
2.K. AUTHORIZE THE PURCHASE OF 15 NEW REPLACEMENT VEHICLES
FOR THE POLICE DEPARTMENT IN AN AMOUNT NOT TO EXCEED
$800,000:
ACTION: 1) Authorize the purchase of 15 new replacement vehicles for
the Police Department (conventional gasoline [non-CNG] vehicles),
including required outfitting, to replace Units 200506, 201706, 202206,
203107, 204207, 204407, 204807, 205806, 207007, 207808, 209406,
2D0707, 2D0907, 2D1708, and 2D4907, in an amount not to exceed
City Council Minutes
March 2, 2016
Page 11
$800,000; and 2) Authorize staff to conduct the appropriate bid processes,
or utilize cooperative purchase contracts if available, in accordance with
Procurement procedures; and 3) Authorize the City Manager to execute all
necessary documents, including Purchase Orders for the new
replacement vehicles, in a total cumulative amount not to exceed
$800,000. Approved as part of the Consent Calendar.
2.L. CHANGE ORDER NO. 1 TO AGREEMENT NO. A6796 IN THE AMOUNT
OF $135,398 WITH ATOM ENGINEERING CONSTRUCTION INC. FOR
THE PALM SPRINGS ENTRY SIGNS (CP 13-31):
ACTION: 1) Authorize an additional appropriation from Measure J
Unscheduled Capital Projects in the amount of $130,000 for the Palm
Springs Entry Signs; 2) Approve Contract Change Order No. 1 in the
amount of $135,398 with AToM Engineering Construction Inc. for a
revised total contract amount of $498,398 for the Palm Springs Entry
Signs (CP 13-31); and 3) Authorize the City Manager to execute all
necessary documents. A6796. Approved as part of the Consent
Calendar.
2.M. AWARD A CONSTRUCTION CONTRACT TO M. BREY ELECTRIC, INC.
IN THE AMOUNT OF $399,000 FOR THE JAMES O. JESSIE DESERT
HIGHLAND UNITY CENTER OUTDOOR PERFORMANCE STAGE AND
OUTDOOR BALL FIELD LIGHTING PROJECT (CP 14-18):
ACTION: 1) Authorize an additional appropriation from Measure J Capital
Project Fund reserve in the amount of $170,000; 2) Waive any informality
(non-responsiveness), and award a construction contract to M. Brey
Electric, Inc., in the amount of $399,000 for the James O. Jessie Desert
Highland Unity Center Outdoor Performance Stage and Outdoor Ball Field
Lighting Project (CP 14-18); 3) Authorize the City Manager to approve and
execute construction contract change orders up to an additional amount of
$40,000; and 4) Authorize the City Manager to execute all necessary
documents. A6832. Approved as part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
Mayor Pro Tern Mills stated he has a business related conflict of interest with respect to
the Palmero project on Item 2.G., would not participate in the discussion or the vote,
and left Council Chamber.
2.G. APPROVAL OF TIME EXTENSIONS OF SUBDIVISION IMPROVEMENT
AGREEMENTS FOR VARIOUS PROJECTS:
Councilmember Foat requested Staff address the condition of the construction
fences at the Palermo Development.
City Council Minutes
March 2, 2016
Page 12
ACTION: Adopt Resolution No. 23981, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING
TIME EXTENSION FOR A SUBDIVISION IMPROVEMENT AGREEMENT."
Agreement No. A5246, Tract Map 33561, extended to April 2, 2018. Motion
Councilmember Foat, seconded by Councilmember Kors and unanimously
carried 3-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Kors, and Mayor Moon.
NOES: None.
ABSENT: Councilmember Roberts, and Mayor Pro Tern Mills.
Mayor Pro Tern Mills returned to the dais.
ACTION: Adopt Resolution No. 23982, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING
TIME EXTENSIONS OF VARIOUS SUBDIVISION IMPROVEMENT
AGREEMENTS." Agreement No. A5086, Tract Map 32233-1, extended to
April 2, 2017, Agreement No. A5089, Tract Map 32233-4, extended to
April 2, 2017, Agreement No. A6476, Tract Map 32233-5, extended to
August 10, 2018, Agreement No. A6626, Tract Map 36548, extended to
November 4, 2017. Motion Mayor Pro Tern Mills, seconded by
Councilmember Kors and unanimously carried 4-0 on a roll call vote;
excluding Tract Map 28966.
AYES: Councilmember Foat, Councilmember Kors, Mayor Pro Tern Mills,
and Mayor Moon.
NOES: None.
ABSENT: Councilmember Roberts.
2.H. APPROVAL OF AN ENCROACHMENT LICENSE AGREEMENT ISSUED BY
THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT FOR THE TAHQUITZ CREEK TRIANGLE GATEWAY (CP 14-16):
Councilmember Foat commented on the length of time to complete small capital
projects.
ACTION: 1) Approve an Encroachment License Agreement issued by the
Riverside County Flood Control and Water Conservation District for the
construction, operation, and maintenance of public trail improvements for
recreational purposes for the Tahquitz Creek Triangle Gateway (CP 14-16); and
2) Authorize the City Manager to execute all necessary documents. A6831.
Motion Councilmember Foat, seconded by Mayor Pro Tern Mills and
unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Kors, Mayor Pro Tem Mills,
and Mayor Moon.
NOES: None.
ABSENT: Councilmember Roberts.
City Council Minutes
March 2, 2016
Page 13
2.1. APPROVE A "DOWNTOWN' CLASS 3 BICYCLE ROUTE LOOP ALONG
PALM CANYON DRIVE AND INDIAN CANYON DRIVE BETWEEN ALEJO
ROAD AND RAMON ROAD:
Councilmember Kors requested Staff address the installation of sharrows.
ACTION: Approve establishment of a "Downtown" Class 3 bicycle route loop
along Palm Canyon Drive and Indian Canyon Drive between Alejo Road and
Ramon Road, including installation of appropriate signage and painting of
greenback "sharrow" markings as required by the City Engineer. Motion Mayor
Pro Tern Mills, seconded by Councilmember Kors and unanimously carried
4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Kors, Mayor Pro Tern Mills,
and Mayor Moon.
NOES: None.
ABSENT: Councilmember Roberts.
2.J. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID THE TAHQUITZ CANYON WAY AND CIVIC DRIVE
TRAFFIC SIGNAL INSTALLATION (CP 15-21):
Councilmember Foat requested Staff address the reasons for the installation.
MOTION: 1) Approve the plans, specifications, and estimate; and 2) Authorize
staff to advertise and solicit bids for the Tahquitz Canyon Way and Civic Drive
Traffic Signal Installation (CP 15-21). Motion Mayor Pro Tom Mills, failed for a
lack of a second.
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS:
City Attorney Holland stated he has a business related conflict of interest with
respect to Item 5.A., would not participate in the discussion or the vote, and left
Council Chamber.
4.A. DISCUSSION ON CITY ATTORNEY SERVICES:
ACTION: Table to April 6, 2016. Motion Mayor Pro Tom Mills, seconded by
Councilmember Kors and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Kors, Mayor Pro Tom Mills,
and Mayor Moon.
NOES: None.
ABSENT: Councilmember Roberts.
City Attorney Holland returned to the dais.
City Council Minutes
March 2, 2016
Page 14
5. NEW BUSINESS:
S.A. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E)
AND AUTHORIZATION TO BID THE CITY COUNCIL CHAMBER
AUDIOVISUAL SYSTEM UPGRADE (CP 15-06):
Marcus Fuller, provided background information as outlined in the Staff
Report dated March 2, 2016.
Mayor Pro Tern Mills requested Staff address the cabinet in the Large
Conference Room, and requested the City Council appoint an ad hoc
subcommittee.
ACTION: Appoint Mayor Pro Tern Mills and Councilmember Roberts to an
ad hoc City Council Subcommittee to further make recommendations for
the Council Chamber upgrade project. By unanimous consensus of the
City Council (4-0), noting the absence of Councilmember Roberts.
S.B. RESCIND APPROVAL OF CONSTRUCTION CONTRACT CHANGE
ORDER AUTHORITY OF $2,500,000 FOR CERTAIN ADDITIONAL
STREETS TO BE INCLUDED IN THE 2015 PAVEMENT
REHABILITATION PROJECT (CP 15-01), AND AUTHORIZE BIDDING
OF THE ADDITIONAL STREETS AS A NEW CAPITAL IMPROVEMENT
PROJECT, THE 2016 PAVEMENT REHABILITATION PROJECT
(CP 16-01):
Marcus Fuller, provided background information as outlined in the Staff
Report dated March 2, 2016.
Mayor Pro Tem Mills questioned if the bid was for unit pricing, the
potential for further reductions by rebidding, and requested the City
Attorney review any potential conflicts of interest with regard to City wide
street paving repair projects.
ACTION: 1) Rescind the authority granted by the City Council on
May 20, 2015, to the City Manager to approve a Construction Contract
Change Order in an amount not to exceed $2,500,000 to include various
additional streets as part of the scope of the 2015 Pavement
Rehabilitation Project (CP 15-01); and 2) Approve the plans,
specifications, and estimate; and 3) Authorize staff to advertise and solicit
bids for the 2016 Pavement Rehabilitation Project (CP 16-01). Motion
Mayor Pro Tern Mills, seconded by Councilmember Kors and
unanimously carried 4-0 on a roll call vote.
City Council Minutes
March 2, 2016
Page 15
AYES: Councilmember Foat, Councilmember Kors, Mayor Pro Tem
Mills, and Mayor Moon.
NOES: None.
ABSENT: Councilmember Roberts.
S.C. PRELIMINARY OVERVIEW OF THE FISCAL YEAR 2016-17 GENERAL
FUND BUDGET:
City Manager Ready provided background information as outlined in the
Staff Report dated March 2, 2016.
Councilmember Kors announced the Town Hall Budget meetings, the City
Council Study Session, and stated the City Council Subcommittee has
directed City Staff to develop an application for Sponsorship and Program
funding.
Mayor Moon commented on the Town Hall meetings and other meetings,
and recommended the City Council consider a joint meeting with the
Measure J Commission to discuss Measure J funding.
Councilmember Foat questioned the budget process and how to prioritize
the requests, commented on special funds and agency funding.
Mayor Pro Tern Mills questioned if the process was going to be similar to
Block Grant funding.
No action taken.
S.D. ADDED ITEM DISCUSSION AND PROPOSED ACTION ON SB876 (LIU)
ENFORCEMENT OF ORDINANCES:
City Attorney Holland provided background information as outlined in the
Staff Report dated March 2, 2016.
ACTION: Direct the City Council Homelessness Subcommittee and the
Mayor to execute and send opposition to SB876 as drafted in its current
form. Motion Councilmember Foat, seconded by Mayor Moon and
unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Kors, Mayor Pro Tern
Mills, and Mayor Moon.
NOES: None.
ABSENT: Councilmember Roberts.
City Council Minutes
March 2, 2016
Page 16
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Mayor Moon requested an item be placed on the April 6, 2016, agenda for the City
Council to appoint a City Council ad hoc Subcommittee to further study opportunities for
Trails with the Tribe and the Palm Springs Tram.
ADJOURNMENT: The City Council adjourned at 11:13 p.m. to the next regular meeting
Wednesday, March 16, 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
16th DAY OF MARCH, 2016.
ROBERT MOON, MAYOR
ATTEST:
AMES THOMPSON, CITY CLERK