The URL can be used to link to this page

Home My WebLink About6/15/2016 - STAFF REPORTS - 2.B. CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA r9<IlORM�p• ^O'tt[Mt P P MEETING MINUTES WEDNESDAY, APRIL 6, 2016 CITY HALL COUNCIL CHAMBER CALL TO ORDER: Mayor Moon called the meeting to order at 6:15 p.m. PLEDGE OF ALLEGIANCE: Mayor Moon led the Pledge. INVOCATION: Dr. Sharon Stroud, Inner Faith Spiritual Center, 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 proclaimed April, 2016 as Historic Preservation Month in the City of Palm Springs. Mayor Moon announced and provided an update on the 2016 Green Citizen of the Year award, the George Zander Walk of Stars installation, the Palm Springs Police Department Dispatcher awards, the NCLR Garden Party, the VillageFest 25th Anniversary, OnePS Annual Picnic, the 2016 Run for Ike, and the Public Arts Education Program. Mayor Moon announced the upcoming Town Hall Budget meetings, the availability of Fiscal Year 2016-17 Sponsorship and Program Funding Application, the Palm Springs Woman's Club Luncheon and Fashion Show, and the Palm Springs Police and Fire Department Appreciation Luncheon. Councilmember Foat provided an update on pet adoptions available at the Palm Springs Animal Shelter. REPORT OF CLOSED SESSION: The meeting was called to order at 5:00 p.m. and City Attorney Holland requested the City Council consider adding two items to the Closed Session Agenda as follows: 1) pursuant to Cal. Gov. Code Section 54956.9(e)(3) Liability Claim received by Lee Brandenburg on April 5, 2016, City Claim No. 16-0541; and 2) pursuant to Cal. Gov. ITEM NO.- a= City Council Minutes April6, 2016 Page 2 Code Section 54956.9(d)(1) Existing Litigation, Advocates for Better Community Development v. City of Palm Springs, Case No. PSC 1405677, Riverside County Superior Court, Palm Springs Division; and noted the Claim was filed with the City Clerk and information was received regarding the litigation after the posting of the agenda, and there is an immediate need to hear and/or take action on the Items. ACTION: 1) Find the Claim and information regarding the Existing Litigation was filed and received after the posting of the Agenda and there is an immediate need to hear and/or take action on the Claim; and 2) Add to the Closed Session Agenda one Item pursuant to Cal. Gov. Code. Section 54956.9(e)(3) Liability Claim received by Lee Brandenburg on April 5, 2016, City Claim No. 16-0541; 3) Add to the Closed Session Agenda one Item pursuant to Cal. Gov. Code Section 54956.9(d)(1) Existing Litigation, Advocates for Better Community Development v. City of Palm Springs, Case No. PSC 1405677, Riverside County Superior Court, Palm Springs Division. Motion Councilmember Roberts, seconded by Mayor Pro Tom Mills and unanimously carried (5-0). The City Council recessed into Closed Session to discuss items on the Closed Session Agenda. City Attorney Holland reported the City Council provided direction to City Staff and the City Attorney, otherwise no reportable actions were taken. ACCEPTANCE OF THE AGENDA: Councilmember Kors requested Item 2.13. be removed from the Consent Calendar for separate discussion. Councilmember Roberts requested Item 2.13. be removed from the Consent Calendar for separate discussion. Councilmember Foat noted a business related abstention on Item 2.1-1. Warrant No. 1083971, and requested Item 21. be removed from the Consent Calendar for separate discussion. Mayor Pro Tem Mills noted his abstention on Item 2.B. for the Minutes of March 16, 2016, noted a business related abstention on Item 2.1. Warrant No. 1084230 and Warrant No. 1084400. Mayor Moon noted his abstention on Item 2.1-1. Warrant No. 1084169, and his property related abstention for Item 2.N. Councilmember Roberts noted his abstention on Item 2.1-1. Warrant No. 1084170. City Clerk Thompson requested Item 2.M. be removed from the Consent Calendar for an update and Staff Report. 02 City Council Minutes April6, 2016 Page 3 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: 1.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 April 6, 2016. Councilmember Foat questioned if the City had received an update from the Applicant. The City Council discussed and/or commented on the following with respect to the hearing and the continued public hearing: the continuance of the hearing, the closure of public testimony, the City Council intent and purpose for continuing the public hearing, the lack of an update provided by the Applicant, the height of the project, the lack of progress on the project, the viability of the project, and the amount of time since approval of the project. ACTION: Adopt Resolution No. 23991, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION DECISION 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, ZONE CBD (PDD 311)." Motion Councilmember Foat, seconded by Councilmember Roberts and carried 4-0 on a roll call vote. AYES: Councilmember Foat, Councilmember Kors, Councilmember Roberts, and Mayor Moon. NOES: None. ABSTAIN: Mayor Pro Tern Mills. Councilmember Foat stated she has a business related conflict of interest with respect to Item 1.13., would not participate in the discussion or the vote, and left Council Chamber. 03 City Council Minutes April 6, 2016 Page 4 Mayor Pro Tem Mills stated he is on the Board of Directors for the Boys and Girls Club and would abstain from that portion of the discussion/vote regarding the funding and agreement of the Boys and Girls Club. I.B. 42nd PROGRAM YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2016-17 ANNUAL ACTION PLAN AND CDBG BUDGET APPROVAL, AUTHORIZATION TO SUBMIT TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GRANT NO. B-16-MC-06-05610 IN THE AMOUNT OF $387,462, AND APPROVING SUBRECIPIENT AGREEMENTS: Dale Cook, Community Development Administrator, provided background information as outlined in the Staff Report dated April 6, 2016. Councilmember Kors questioned the reasons for the projects that were not recommended, requested the City Attorney address conflict of interest with respect to the committee members, the lack of funding for City projects, the lack of representation on the committee from the disabled community, and the use of the word "citizens" in the name of the committee. Mayor Moon commented on the number of applications, and the makeup of the committee with respect to any conflict of interest. Councilmember Roberts commented on the process of the selection of the committee members and any potential conflict of interest, and requested Staff address if the City Council could delay any action. Councilmember Kors compared the projects to the goals and objectives including services for the disabled community. Mayor Moon requested the City Council consider referring the process to the Ethics Task Force. Mayor Moon opened the public hearing, and the following speakers addressed the City Council. MAUREEN FORMAN, Jewish Family Services, outlined the programs and the need for the programs by Jewish Family Service, and requested the City Council consider approval of the funding. BRANDE ORR, Desert AIDS Project, outlined the Phase II emergency preparedness generator, the need for the capital improvement request, and requested the City Council approve the funding. LEE MC CLELLAN, Jewish Family Services of San Diego, commented on the request for the capital improvement project for the Nightengale Manor Center, and requested the City Council consider the grant funding. City Council Minutes April6, 2016 Page 5 ANDREA MADRIGAL, Boys and Girls Club of Palm Springs, commented on the programs offered by the Boys and Girls Club, the purpose of the capital improvement project, and requested the City Council approve the grant funding. TERRY TATUM, Boys and Girls Club of Palm Springs, commented on the programs offered by the Boys and Girls Club, the purpose of the capital improvement project, and requested the City Council approve the grant funding. JACK NEWBY, Mizell Senior Center, commented on the capital improvement project proposed for Mizell Senior Center, the need for the project, and requested the City Council approve the grant funding. BELINDA MARQUEZ, Catholic Charities, commented on the programs offered by Catholic Charities, the need for the programs, and requested the City Council approve the public service grant funds. JESSICA MEZA, Catholic Charities, commented on the programs offered by Catholic Charities, the need for the programs, and requested the City Council approve the public service grant funds. No further speakers coming forward, the public hearing was closed. Councilmember Kors requested Staff address the breakdown and allocation of the funding, commented on the funding and the correlation to the funding recommendations, and requested Staff address the effect of changes in funding for curb ramps. Councilmember Roberts stated his support for approval subject to future amendment if needed. Mayor Moon requested the City Council consider an ad hoc committee to review the process and the procedures for next years process, and requested the City Council be informed of the Advisory Committee public hearing. Mayor Pro Tern Mills commented on the process, and the community need for all the applications received. ACTION: Adopt Resolution No. 23992, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE 2015-2019 CONSOLIDATED PLAN STRATEGIC GOALS AND THE 2016-2017 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET FOR FISCAL 05 City Council Minutes April 6, 2016 Page 6 YEAR 2016-2017, AUTHORIZING THE SUBMITTAL OF THE PLANS AND BUDGET TO THE UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD), AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE APPROVAUAGREEMENT (GRANT NO. B-16-MC-06-05610) WITH HUD IN THE AMOUNT OF $387,462 AND TO EXECUTE ALL SUBRECIPIENT AGREEMENTS." A5814. Boys & Girls Club of Palm Springs A6508 Gymnasium Interior Renovation $47,650 Mizell Senior Center A6392 Energy-Saving Patio Enclosure $47,650 Refuge Community Development Corporation A6836 Refuge House $80,000 Desert AIDS Project A6507 Emergency Preparedness Generator $47,651 Jewish Family Services of San Diego A6255-1 Nightengale Manor Expansion $58,900 Fair Housing Council of Riverside, Inc. A6510 Fair Housing Services $30,000 DIGICOM Film Festival A6837 Help for Your Family $21,000 Catholic Charities San Bernardino & Riverside Counties A6838 In-Home Casework $15,000 Jewish Family Services of the Desert A6512 Senior Care Emergency Assistance $15,000 Motion Councilmember Roberts, seconded by Councilmember Kors and unanimously carried 4-0 on a roll call vote, noting the abstention of Mayor Pro Tem Mills on the funding approval for the Boys and Girls Club of Palm Springs Gym Revitalization funding. AYES: Councilmember Kors, Councilmember Roberts, Mayor Pro Tern Mills, and Mayor Moon. NOES: None. ABSENT: Councilmember Foat. ABSTAIN: Mayor Pro Tern Mills on Boys and Girls Club. Councilmember Foat returned to the dais. 06 City Council Minutes April 6, 2016 Page 7 I.C. APPEAL BY DAN DORADO OF THE PLANNING COMMISSION DECISION TO DENY A LAND USE PERMIT FOR TEMPORARY AUTOMOBILE SALES IN AN EXISTING RETAIL PARKING LOT (WALMART) AT 5601 (EAST RAMON ROAD (CASE LUP 16-016): Flinn Fagg, Director of Planning Services, provided background information as outlined in the Staff Report dated April 6, 2016. Councilmember Roberts questioned the process of approving Land Use Permit, and the reason the permit was forwarded to the Planning Commission. Councilmember Kors questioned the deliberations at the Planning Commission. The City Council requested the City Attorney address the ambiguity of the code, allowing an event at this site, but not citywide, and if direction could be given to clarify the code. Mayor Moon opened the public hearing, and the following speakers addressed the City Council. DAN DORADO, Applicant, commented on similar events in the Coachella Valley, outlined the activities of the event, and his planning attorney commented on the code provisions for land use permits. ALLEN WORTHY, requested the City Council approve the permit. No further speakers coming forward, the public hearing was closed. Councilmember Roberts questioned the Applicants experience with promotion of these types of events, stated his support to overturn the Planning Commission decision. Mayor Pro Tem Mills requested the Applicant address the preparation of the site, ancillary advertising on the site, and commented on previous approval for this type of events for RV sales, and commented on the difference between the CUP and the LUP. Councilmember Foat commented on the taxation, the business license, and reiterated her request that the approval is for only the specific location. Mayor Moon stated his support for the Land Use Permit and requested clarification of the code. ACTION: Overturn the decision of the Planning Commission, and Approve a Land Use Permit to allow temporary Automobile Sales in an existing 07 City Council Minutes April 6. 2016 Page 8 retail parking lot at 5601 EAST Ramon Road, ZONE M-1. 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 Tem Mills. PUBLIC COMMENT: VIC YEPELLO, commented on Item 55. regarding the Road Diet traffic striping on Murray Canyon, and requested the City Council support the modifications. SAMMY RAFAEL, commented on Item 4.B., consideration of the Museum Market Plaza Specific Plan. JUDITH DINGLE, commented on Item 4.B., consideration of the Museum Market Plaza Specific Plan. PAMELA STEELE, commented on the closure and potential relocations of the Plaza Racquet Club. KURT HAGGSTROM, commented on the closure and potential relocations of the Plaza Racquet Club. SAM HOLSTROP, commented on the closure and potential relocations of the Plaza Racquet Club. DICK DERBY, commented on the closure and potential relocations of the Plaza Racquet Club. GORDON MEHUS, commented on the closure and potential relocations of the Plaza Racquet Club. PATTY SERVICE DELGADO, commented on the closure and potential relocations of the Plaza Racquet Club. STEFFEN NYE, commented on the closure and potential relocations of the Plaza Racquet Club. BRIAN WACHS, commented on the closure and potential relocations of the Plaza Racquet Club. DARIYL PONICSAN, commented on the use of gas powered leaf blowers. RICHARD NOBLE, commented on the Equality Act and requested the City Council support a Resolution in support of the Equality Act. 08 City Council Minutes April 6, 2016 Page 9 ELLEN LOCKERT, Palm Springs, commented on climate change and greenhouse gases. JUDY DEERTRACK, commented on the City hiring of attorney Rod Pacheco to advise the City Council. THOMI CLINTON, commented on Item 5.D. regarding gender neutral restrooms. CANDICE MARIE SWEET, commented on Item 5.D. regarding gender neutral restrooms. ALLEN WORTHY, commented on his claims against the City. JIM HAMILTON, commented on the closure and potential relocations of the Plaza Racquet Club. SHELLEY SOMERVILLE, commented on Item 5.D. regarding gender neutral restrooms, and outlined other services needed by transgendered. ROBERT STONE, commented on the City hiring of attorney Rod Pacheco to advise the City Council. ROGER TANSEY, commented on the City hiring of attorney Rod Pacheco to advise the City Council. EMILY HEMPHILL, commented on Item 4.B., regarding the Museum Market Plaza Specific Plan and commented on the City's conditions. MINDY REED, commented on Item 5.F., and requested the City Council approve the bike lanes on Murray Canyon. JOHN McCOY, Palm Springs, commented on Item S.F., and requested the City Council not approve the traffic striping on Murray Canyon. JOY BROWN MEREDITH, commented on the recent VillageFest Board meeting, and recognized the Special Events staff. BARBARA BEATY, commented on the City hiring of attorney Rod Pacheco to advise the City Council. ROBERT BRUGEMAN, Palm Springs, commented on Item 4.B., stated his support for the City Council Subcommittee recommendations on the Museum Market Plaza Specific Plan, and in support of Item S.F. regarding bike lanes on Murray Canyon. 09 City Council Minutes April 6, 2016 Page 10 DAVID FREEDMAN, Indian Canyons Neighborhood Organization, commented on Item 5.F., and stated the Neighborhood Organization is in support of the bike lanes on Murray Canyon. The City Council recessed at 9:47 p.m. The City Council reconvened at 9:58 p.m. CITY COUNCIL SUB-COMMITTEE REPORTS AND UPDATES: Mayor Moon and Mayor Pro Tem Mills provided an update on the City Council Subcommittee for the Plaza Racquet Club. Councilmember Roberts provided an update on the Downtown Development Subcommittee. Councilmember Kors provided an update on the Ethics, Transparency, and Government Reform Task Force, commented on City Council Standing Committees and requested the City Attorney and City Staff review ad hoc and standing subcommittees. COUNCILMEMBER COMMENTS: Councilmember Foat requested the City Attorney address Closed Session meetings, and commented on the retention of Rod Pacheco. Councilmember Kors questioned and commented on the retention of Rod Pacheco. Councilmember Roberts commented on the retention of Rod Pacheco, requested the City Manager provide a community update on the law enforcement raid at City Hall, and requested City Staff review the procedures for the conduct of City Council meetings. Mayor Moon requested the City Manager investigate costs for portable restrooms for the Downtown area, commented on Mayor-City Manager form of government, and requested a Special Closed Session meeting for three personnel meeting items: 1) the retention of Rod Pacheco, discussion of retention of the City Attorney, and potential transition of City Manager. Councilmember Kors requested Staff address the recruitment of Commission and Boards, and requested an update on the temporary sign ordinance. Councilmember Foat requested an update on gas leaf blowers, requested the Sustainability, Commission revisit the use of gas leaf blowers, and questioned City Staff on the Green for Life Program. Councilmember Kors requested a joint meeting with the City Council and the Sustainability Commission. io City Council Minutes April 6, 2016 Page 11 CITY MANAGER'S REPORT: City Manager Ready commented on the retention of Rod Pacheco. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.1., 2.J., 2.K., 2.N., 2.0., and 2.P. Motion Councilmember Roberts, seconded by Councilmember Kors 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 April 6, 2016, City Council Agenda. Approved as part of the Consent Calendar. 2.C. ORDINANCE AMENDING CHAPTER 8.60 OF THE PALM SPRINGS MUNICIPAL CODE (PSMC) RELATING TO WATER EFFICIENT LANDSCAPE REGULATIONS: ACTION: Waive the reading of the ordinance text in its entirety and adopt Ordinance No. 1890, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 8.60 OF THE PALM SPRINGS MUNICIPAL CODE (PSMC) RELATING TO WATER EFFICIENT LANDSCAPE REGULATIONS." Approved as part of the Consent Calendar. 2.1). ACCEPT THE RESIGNATION OF DEE DEE WILSON BARTON FROM THE HUMAN RIGHTS COMMISSION: ACTION: 1) Accept with regret the resignation of Dee Dee Wilson Barton from the Human Rights Commission; and 2) Direct the City Clerk to post a Notice of Vacancy for the term ending June 30, 2018. Approved as part of the Consent Calendar. 2.E. REALLOCATE JUDICIAL RESOURCES TO ENSURE EQUAL ACCESS TO JUSTICE FOR ALL CALIFORNIANS: ACTION: Adopt Resolution No. 23994, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, URGING THE GOVERNOR, LEGISLATURE, AND JUDICIAL COUNCIL TO WORK TOGETHER TO REALLOCATE JUDICIAL RESOURCES TO ENSURE EQUAL ACCESS TO JUSTICE FOR ALL CALIFORNIANS." Approved as part of the Consent Calendar. 2.F. ACCEPT THE RESIGNATION OF MARK POLISCHAK FROM THE SUSTAINABILITY COMMISSION: ACTION: 1) Accept with regret the resignation of Mark Polischak from the Sustainability Commission; and 2) Direct the City Clerk to post a Notice of Vacancy for the term ending June 30, 2017. Approved as part of the Consent Calendar. 31 City Council Minutes April 6, 2016 Page 12 2.G. TREASURER'S INVESTMENT REPORT AS OF FEBRUARY 29, 2016: ACTION: Receive and File the Treasurer's Investment Report as of February 29, 2016. Approved as part of the Consent Calendar. 2.1-1. APPROVAL OF CLAIMS AND DEMANDS: ACTION: Adopt Resolution No. 23995, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1083971, 1084169, AND 1084170 IN THE AGGREGATE AMOUNT OF $6,092.38, DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar, noting the abstention of Councilmember Foat on Warrant No. 1083971, the abstention of Councilmember Roberts on Warrant No. 1084170, and the abstention of Mayor Moon on Warrant No. 1084169. 2.1. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 23996, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 02-27-2016 BY WARRANTS NUMBERED 419465 THROUGH 419477 TOTALING $21,502.71, LIABILITY CHECKS NUMBERED 1084193 THROUGH 1084211 TOTALING $90,923.31, FIVE WIRE TRANSFERS FOR $57,225.01, AND THREE ELECTRONIC ACH DEBITS OF $1,236,771.92 IN THE AGGREGATE AMOUNT OF $1,406,422.95, DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution No. 23997, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1084212 THROUGH 1084377 IN THE AGGREGATE AMOUNT OF $2,600,171.13, DRAWN ON BANK OF AMERICA;" 3) Adopt Resolution No. 23998, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIM AND DEMAND BY WARRANT NUMBERED 1084378 IN THE AMOUNT OF $2,260.25, DRAWN ON BANK OF AMERICA;" 4) Adopt Resolution No. 23999, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1084379 THROUGH 1084491 IN THE AGGREGATE AMOUNT OF $1,515,055.36, DRAWN ON BANK OF AMERICA;" and 5) Adopt Resolution No. 24000, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 03-12-2016 BY WARRANTS NUMBERED 419478 THROUGH 419487 TOTALING $17,310.16, LIABILITY CHECKS NUMBERED 1084492 THROUGH 1084510 TOTALING $91,236.73, FIVE WIRE TRANSFERS FOR $57,675.01, AND THREE ELECTRONIC ACH DEBITS OF $1,211,879.89 IN THE 32 City Council Minutes April 6, 2016 Page 13 AGGREGATE AMOUNT OF $1,378,101.79, DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar, noting the abstention of Mayor Pro Tern Mills on Warrant No. 1084230 and Warrant No. 1084400. 2.J. ACCEPTANCE OF AIRPORT TSA SECURITY DOOR PROJECT (CP 15-24): ACTION: 1) Accept the public works improvement identified as Airport TSA Security Door Project (CP 15-24) 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 Airport TSA Security Door Project (CP 15-24). A6801. Approved as part of the Consent Calendar. 2.K. APPROVAL OF RIGHT OF WAY ACQUISITION AGREEMENTS FOR THE SOUTH PALM CANYON DRIVE LOW WATER CROSSING BRIDGE REPLACEMENT AT ARENAS CANYON SOUTH (CP 06-18) FEDERAL AID PROJECT NO. BR-NBIL (502): ACTION: 1) Approve a Right-of-Way Agreement for Acquisition of Flood Control and Drainage Easement in the amount of Zero Dollars ($0) with 4348 Lockwood Avenue, LLC as to an undivided twenty-six percent (26%) interest, Michael L. Cole and Janet K. Cole, husband and wife as joint tenants, as to an undivided four percent (4%) interest, and Jogesh Kumar Vashisht and Sunita Kumar Vashisht, Trustees for the Vashisht Family Revocable Trust dated May 2, 2001, and Restated May 4, 2010, as to an undivided seventy percent (70%) interest, all as tenants in common; 2) Approve a Temporary Construction Easement Agreement in the amount of$29,000 with 4348 Lockwood Avenue, LLC as to an undivided twenty-six percent (26%) interest, Michael L. Cole and Janet K. Cole, husband and wife as joint tenants, as to an undivided four percent (4%) interest, and Jogesh Kumar Vashisht and Sunita Kumar Vashisht, Trustees for the Vashisht Family Revocable Trust dated May 2, 2001, and Restated May 4, 2010, as to an undivided seventy percent (70%) interest, all as tenants in common; 3) Approve an Assignment of Easement Agreement in the amount of Zero Dollars ($0) with 4348 Lockwood Avenue, LLC as to an undivided twenty-six percent (26%) interest, Michael L. Cole and Janet K. Cole, husband and wife as joint tenants, as to an undivided four percent (4%) interest, and Jogesh Kumar Vashisht and Sunita Kumar Vashisht, Trustees for the Vashisht Family Revocable Trust Dated May 2, 2001, and Restated May 4, 2010, as to an undivided seventy percent (70%) interest, all as tenants in common; and 4) Authorize the Assistant City Manager to execute all necessary documents, open escrow, and pay for associated escrow and title costs associated with the right-of-way acquisitions. A6839. A6840. A6841. Approved as part of the Consent Calendar. 13 City Council Minutes April 6, 2016 Page 14 2.N. MILLS ACT HISTORIC SITE CONTRACT FOR THE PROPERTY LOCATED AT 1197 ABRIGO ROAD (THE THEODORE AND CLAIR MORSE RESIDENCE) CLASS 1 HISTORIC SITE (HSPB 94): ACTION: 1) Approve a Mills Act Historic Property Agreement with Joan and Gary Gand, owners of "The Theodore and Clair Morse Residence" located at 1197 Abrigo Road, a Class 1 Historic Site (HSPB 94); 2) Authorize the City Manager to execute the Agreement; and 3) Direct the City Clerk to record the Agreement. A6842. Approved as part of the Consent Calendar, noting the property related abstention of Mayor Moon. 2.0. MILLS ACT HISTORIC SITE CONTRACT FOR THE PROPERTY LOCATED AT 175 SOUTH CAHUILLA ROAD (CASA CODY INN) CLASS 1 HISTORIC SITE (HSPB 59): ACTION: 1) Approve a Mills Act Historic Property Agreement with Frank Tysen and Therese Hayes, owners of "Casa Cody Inn" located at 175 South Cahuilla Road, a Class 1 Historic Site (HSPB 59); 2) Authorize the City Manager to execute the Agreement; and 3) Direct the City Clerk to record the Agreement. A6843. Approved as part of the Consent Calendar. 2.P. APPOINT THE MAYOR TO THE CITY'S INVESTMENT COMMITTEE: ACTION: Appoint the Mayor to the City's Investment Committee in accordance with Section 17.0 of the City of Palm Springs Investment Policy adopted by Resolution No. 23539. Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: 2.13. APPROVAL OF MINUTES: Councilmember Kors requested the minutes of February 3, 2016, be amended to include on Page 2, the City Attorney stated he did not have a legal conflict of interest on the discussion in Closed Session regarding the Plaza Racquet Club School District property, that he chose to abstain from the discussion to avoid an appearance of a conflict, but there was no legal conflict of interest. Councilmember Roberts requested the minutes of February 3, 2016 be amended on Page 7 to include in public comments of Robert Stone to insert the word "not" be bookend with a hotel. ACTION: Approve the City Council Minutes of February 3, 2016, as amended, and the City Council Minutes of March 16, 2016. Motion Councilmember Roberts, seconded by Mayor Pro Tern Mills and unanimously carried on a roll call vote, noting the abstention of Councilmember Kors and Mayor Pro Tern Mills on the March 16, 2016 minutes. 14 City Council Minutes April 6, 2016 Page 15 2.L. REASSIGNMENT TO THE HISTORIC PLAZA THEATER CITY COUNCIL AD HOC SUBCOMMITTEE: Councilmember Foat requested Mayor Pro Tern Mills remain on the City Council Subcommittee. Mayor Pro Tern Mills commented on the history of the theatre, and stated he would remain on the Subcommittee if the City Council so desired. No action taken. 2.M. AUTHORIZE THE PURCHASE OF 20 NEW REPLACEMENT VEHICLES AND EQUIPMENT IN AN AMOUNT NOT TO EXCEED $1,000,000: City Manager Ready provided background information as outlined in the Staff Report dated April 6, 2016. ACTION: 1) Authorize the purchase of 1 new Ford or Chevrolet 15 passenger van (CNG) for the Parks & Recreation Department to replace Unit 070602; 2) Authorize the purchase of 1 new Chevrolet Volt (Hybrid) vehicle for the Building & Safety Department to replace Unit 090702; 3) Authorize the purchase of 3 new Ford F-150 trucks, or equivalent sport utility vehicle model, (conventional gasoline [non-CNG] vehicles), including required outfitting, for the Fire Department to replace Units 1 P5101, 1 P5206, and 1 P5306; 4) Authorize the purchase of 2 new Chevrolet CNG trucks for the Public Works & Engineering Department (Engineering Division) to replace Units 320103 and 320605; 5) Authorize the purchase of 2 new battery powered arrow boards for the Public Works & Engineering Department (Street Maintenance Division) to replace Units 3T1691 and 3T1791; 6) Authorize the purchase of 2 new Chevrolet CNG trucks for the Public Works & Engineering Department (Street Maintenance Division) to replace Units 301099 and 306501; 7) Authorize the purchase of 1 new Ford F- 550 CNG dump truck for the Public Works & Engineering Department (Street Maintenance Division) to replace Unit 306601; 8) Authorize the purchase of 1 new Chevrolet CNG truck for the Facilities & Maintenance Department to replace Unit 500196; 9) Authorize the purchase of 2 new pressure washers (conventional gasolineldiesel powered) for the Facilities & Maintenance Department to replace Units 504005 and 504110; 10) Authorize the purchase of 2 new Kawasaki Mule all-purpose utility vehicles (conventional gasoline/diesel powered) for the Airport to replace Units 800908 and 801308; 11) Authorize the purchase of 1 new paint striping machine (conventional gasoline/diesel powered) for the Airport to replace Unit 803207; 12) Authorize the purchase of 1 new Ford or Chevrolet 15 passenger van (CNG) for the Public Works & Engineering Department (Fleet Maintenance Division) to replace existing van, Unit 990103; 13) Authorize the purchase of 1 new Chevrolet CNG truck for the Public Works & Engineering Department (Fleet Maintenance Division) to replace Unit 990103; 14) Authorize staff to conduct the appropriate bid processes, or utilize cooperative purchase contracts if available, in accordance with Procurement procedures; and Authorize the City Manager to execute all necessary documents, including Purchase Orders for the new replacement vehicles and equipment, in a total cumulative 15 City Council Minutes April 6, 2016 Page 16 amount not to exceed $1,000,000. Motion Councilmember Roberts, seconded by Mayor Pro Tern Mills and unanimously carried on a roll call vote. 3. LEGISLATIVE: None. 4. UNFINISHED BUSINESS: City Attorney Holland stated he has a business related conflict of interest with respect to Item 4.A., would not participate in the discussion, and left Council Chamber. 4.A. CONTINUED CITY COUNCIL DISCUSSION ON CITY ATTORNEY SERVICES: The City Council discussed and/or commented on the following with respect to in-house v. contract legal counsel: the cost differences, the use of specialty attorneys at Woodruff, Spradlin & Smart, the need for an in- house attorney to oversee the use of outside legal firms, the history of in- house legal counsel, the cost and on-going cost of PERS benefits for in- house city attorney and staff, the inclusion of costs for police and fire services, the range of talent when using a contract city attorney, the billing rate of Woodruff, Spradlin & Smart v. what the City may have to pay with other firms, responsibility of hiring the attorney and the support staff, the duties of an in-house attorney and getting involved in the day to day activities and administration, the amount of time, putting out an RFP and seeking an in-house city attorney, requested Staff gather any additional information for the City Council to discuss at a future meeting. ACTION: Calendar further discussion at a future meeting. By consensus of the City Council. City Attorney Holland returned to Council Chamber. 4.13. CONSIDERATION OF AN AMENDMENT TO THE MUSEUM MARKET PLAZA SPECIFIC PLAN: Flinn Fagg, Director of Planning Services, provided background information as outlined in the Staff Report dated April 6, 2016. Councilmember Roberts and Mayor Pro Tern Mills provided background information on the City Council Subcommittee recommendations for further amendments to the Specific Plan and other alternatives, along with the process going forward with individual building approvals. The City Council discussed the proposed amendments to the specific plan as recommended by the City Council Subcommittee. 16 City Council Minutes April 6, 2016 Page 17 ACTION: 1) Waive the reading of the ordinance text in its entirety and reintroduce 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 recommended by the City Council Subcommittee further amending modulation along Main Street from 19 feet up to 34 feet stepping up to the Kimpton; and 2) Reaffirm Resolution No. 23977, as the modifications to the Amendment to the Museum Market Plaza Specific Plan will not result in a new significant impact not previously analyzed in Addendum No. 2 to the previously-certified Environmental Impact Report. Motion Mayor Pro Tern Mills, seconded by Councilmember Roberts and unanimously carried on a roll call vote. 5. NEW BUSINESS: S.A. APPOINT TWO MEMBERS OF THE CITY COUNCIL TO THE CITY COUNCIL MEDICAL CANNABIS AD HOC SUBCOMMITTEE: ACTION: Appoint Councilmember Foat and Councilmember Kors to the City Council Medical Cannabis Ad Hoc Subcommittee. Motion Mayor Pro Tern Mills, seconded by Councilmember Foat and unanimously carried on a roll call vote. S.B. APPOINT TWO MEMBERS OF THE CITY COUNCIL TO THE CITY COUNCIL TRAILS AD HOC SUBCOMMITTEE: ACTION: Appoint Councilmember Roberts and Councilmember Kors to the City Council Trails Ad Hoc Subcommittee. Motion Councilmember Roberts, seconded by Councilmember Kors and unanimously carried on a roll call vote. 5.C. APPROVAL OF A CONFORMITY REPORT FOR A PROPOSED PARKING STRUCTURE ON TRIBAL TRUST LAND CONSISTING OF A FOUR-LEVEL 850-SPACE PARKING STRUCTURE ON A 2.8 ACRE PARCEL LOCATED AT THE SOUTHEAST CORNER OF CALLE ENCILIA AND AMADO ROAD, (CASE 5.1390): Flinn Fagg, Director of Planning Services, provided background information as outlined in the Staff Report dated April 6, 2016. The City Council discussed and commented on the conformity report and the parking structure. ACTION: Adopt Resolution No. 23993, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONFORMITY REPORT FOR A PROPOSED PARKING STRUCTURE ON TRIBAL TRUST LAND AT THE SOUTHEAST CORNER OF CALLE ENCILIA AND AMADO ROAD, DIRECTING STAFF TO TRANSMIT SAID REPORT TO THE TRIBAL COUNCIL OF THE City Council Minutes April 6, 2016 Page 18 AGUA CALIENTE BAND OF CAHUILLA INDIANS, AND WAIVING THE JOINT MEETING BETWEEN THE CITY COUNCIL AND TRIBAL COUNCIL, ZONE RA (RESORT ATTRACTION), SECTION 14 SPECIFIC PLAN (CASE 5.1390)." Motion Councilmember Foat, seconded by Councilmember Kors and unanimously carried on a roll call vote. 5.D. DISCUSSION ON REQUIREMENTS FOR GENDER NEUTRAL RESTROOMS: Councilmember Kors provided background information on the development of gender neutral restrooms. ACTION: Continue to April 20, 2016. Motion Councilmember Roberts, seconded by Mayor Pro Tern Mills and unanimously carried on a roll call vote. 5.E. SELECTION OF PROPOSER WITH WHOM TO NEGOTIATE A PURCHASE AND SALE AGREEMENT FOR THE SALE OF THE PROPERTY TO REDEVELOP THE SUCCESSOR AGENCY-OWNED PROPERTY AT 342-344 NORTH PALM CANYON DRIVE (APN 513-081- 017): Lauri Aylaian, Director of Community and Economic Development, provided background information as outlined in the Staff Report dated April 6, 2016. ACTION: 1) Select Atelier Zinque as the top-ranked respondent received in response to a Request for Proposals (RFP) to purchase the Successor Agency-owned property at 342-344 North Palm Canyon Drive (Cork n Bottle) and; and 2) Direct staff to negotiate a purchase and sale agreement for disposition of the Successor Agency-owned property at 342-344 North Palm Canyon Drive. A6844. Motion Councilmember Foat, seconded by Councilmember Roberts and unanimously carried on a roll call vote. City Clerk Thompson stated City Manager Ready has a property related conflict of interest with respect to Item S.F., did not participate in the staff report or the placement on the agenda, would not participate in the discussion, and left Council Chamber. 5.F. APPROVE TRAFFIC STRIPING TO IMPLEMENT A "ROAD DIET" CONVERSION ON MURRAY CANYON DRIVE AS PART OF THE 2015 CITYWIDE ANNUAL SLURRY SEAL (CP 15-02): Marcus Fuller, Assistant City Manager/City Engineer, provided background information as outlined in the Staff Report dated April 6, 2016. ACTION: Approve the implementation of a "road diet" on Murray Canyon Drive between S. Palm Canyon Drive and Toledo Avenue, to convert the 18 City Council Minutes April 6, 2016 Page 19 existing 4-lane roadway to a 2-lane divided roadway with parking and buffered bicycle lanes, as part of the 2015 Citywide Annual Slurry Seal (CP 15-02). Motion Mayor Pro Tem Mills, seconded by Councilmember Kors and unanimously carried on a roll call vote. City Manager Ready returned to Council Chamber. COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: Mayor Moon suggested ad hoc subcommittee to review naming of streets in the Downtown Revitalization Project and other street naming requests, or if it could become part of the Downtown Revitalization subcommittee. ADJOURNMENT: The City Council adjourned at 12:41 a.m. on Thursday, April 7, 2016, to the next regular meeting Wednesday, April 20, 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: JAMES THOMPSON, CITY CLERK 19 CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA -PL t/.LM t�P 2 P �n Wn`� •C9llIPlP�t• 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. 20 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 Tem Mills, and Mayor Moon. NOES: None. ABSENT: Councilmember Foat. 1. PUBLIC HEARINGS: 1I.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 21 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 Tern 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. 1.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. 122 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, 23 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 Tern 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. 24 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 7112 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 25 City Council Minutes May 4, 2016 Page 7 DISTRICT; LOCATED AT 800 NORTH PALM CANYON DRIVE, ZONE C-1 (CASE 3.1198 MAA / 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. 26 City Council Minutes May 4, 2016 Page 8 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 Tem Mills, and Mayor Moon. NOES: None. ABSENT: Councilmember Foat. 1.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 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. 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. 27 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 5.13. 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. 28 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 29 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. 30 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. 2.L. 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. 31 City Council Minutes May 4, 2016 Page 13 AYES: Councilmember Kors, Councilmember Roberts, Mayor Pro Tem 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 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. 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 Tem 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 32 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 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. 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 290 / 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. 33 City Council Minutes May 4, 2016 Page 15 AYES: Councilmember Kors, Councilmember Roberts, and Mayor Moon. NOES: None. ABSENT: Councilmember Foat and Mayor Pro Tern Mills. Mayor Pro Tern 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 Tern 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.B. 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. 34 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 Tern 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 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. 35 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 Tom 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 Tom Mills, seconded by Mayor Moon and unanimously carried 4-0 on a roll call vote. 36 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 1STH DAY OF JUNE, 2016. ROBERT MOON, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK 37 CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA ;O'tI.LMJ 1 P �g4JoaP e• MEETING MINUTES WEDNESDAY, JUNE 1, 2016 CITY HALL COUNCIL CHAMBER CALL TO ORDER: Mayor Moon called the meeting to order at 6:04 p.m. PLEDGE OF ALLEGIANCE: Girl Scout Troop 1257, led the Pledge. INVOCATION: Rev. Andrew Green, The Church of St. Paul in the Desert, led the Invocation. ROLL CALL: PRESENT: Councilmember Foat, Councilmember Kors, Councilmember Roberts, Mayor Pro Tem Mills, and Mayor Moon ABSENT: None. ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson PRESENTATIONS: The City Council received a presentation from Dr. Joel Kinnamon and Lisa Howell regarding the proposed College of the Desert West Valley Campus. Councilmember Foat provided an update on the animal adoption opportunities at the Palm Springs Animal Shelter. REPORT OF CLOSED SESSION: The meeting was called to order and the City Council recessed into Closed Session to discuss Items on the posted Closed Session Agenda. City Attorney Holland reported the City Council provided direction to the City Attorney and City Staff, otherwise no reportable actions were taken. ACCEPTANCE OF THE AGENDA: Councilmember Roberts requested Item 2.J. be removed from the Consent Calendar for separate discussion. Mayor Pro Tern Mills noted a business related abstention on Item 2.C. Warrant No. 1085629 and requested Items 2.S. and 23 be removed from the Consent Calendar for separate discussion. 38 City Council Minutes June 1, 2016 Page 2 Mayor Moon requested Item 2.1. be removed for the Consent Calendar for separate discussion. ACTION: Accept the Agenda as amended. Motion Mayor Pro Tem Mills, seconded by Councilmember Roberts and unanimously carried on a roll call vote. 1. PUBLIC HEARINGS: I.A. CONSIDERATION OF THE VACATION OF A PORTION OF CAHUILLA ROAD RIGHT-OF-WAY BETWEEN BARISTO ROAD AND RAMON ROAD LOCATED IN SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST AND CEQA DETERMINATION (FILE R 15-07): Marcus Fuller, Assistant City Manager/City Engineer, provided background information as outlined in the Staff Report dated June 1, 2016. Mayor Moon opened the public hearing, and no speakers coming forward the public hearing was closed. ACTION: Adopt Resolution No. 24032, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE, AND INTEREST IN A PORTION OF THE PUBLIC RIGHT-OF-WAY DEDICATED FOR CAHUILLA ROAD LOCATED BETWEEN BARISTO ROAD AND RAMON ROAD LOCATED IN SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A DETERMINATION THAT THE ACTION IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (FILE R 15-07)." Motion Councilmember Roberts, seconded by Mayor Pro Tem Mills and unanimously carried on a roll call vote. 1.113. PUBLIC HEARING ON THE FISCAL YEAR 2016-17 BUDGET, ALLOCATED POSITIONS AND COMPENSATION PLAN, SUCCESSOR AGENCY ADMINISTRATIVE BUDGET, HOUSING SUCCESSOR AGENCY BUDGET, APPROPRIATIONS LIMIT AND APPROVE ANNUAL INSURANCE POLICY RENEWALS FOR THE CITY'S INSURANCE PORTFOLIO FOR FISCAL YEAR 2016-17: City Manager Ready provided background information on the Fiscal Year 2016-17 Budget and Allocated Positions and Compensation Plan and discussed the Staff recommendations. Mayor Moon opened the public hearing, and the following speakers addressed the City Council. LINDA FUTTERER, requested the City Council consider funding Phase 1 of the Palm Springs Library Renovation Project. 39 City Council Minutes June 1, 2016 Page 3 BORIS STARK, requested the City Council support the proposed Vacation Rental Compliance position and additional funding for vacation rental enforcement services. KIRK MCLAUGHLIN, requested the City Council support the proposed Vacation Rental Compliance position and additional funding for vacation rental enforcement services. JOY BROWN MEREDITH, requested the City Council support the proposed Vacation Rental Compliance position and additional funding for vacation rental enforcement services. AFTAB DADA, requested the City Council support funding the agreement with PS Resorts, and requested the City Council consider extending the current agreement for three-years with the same terms and conditions. Councilmember Kors requested Staff potential for a State claw back of prior Redevelopment Funds, commented on the potential impact to reserves, and requested Staff address Fire Department response time. The City Council discussed Fire Department operations, the cost of reopening Station No. 5, effects due to the renovation of Station No. 4, the increase in call volume requesting Fire Department assistance, and potential options for the rapid response paramedic unit. Mayor Moon commented on transferring the General Fund budget for street repairs to Measure J and using the Measure J reserve, to leave the $1 million in the General Fund reserves. Councilmember Roberts stated the City should increase reserves rather than decrease them, commented on the potential State claw back, suggested the reserves remain in case State action, and commented on the capital projects funding including the Downtown Park. Mayor Pro Tern Mills commented on the potential reserve policy, the timing and funding for the Downtown Park, the effect and timing of a recession, and stated some modifications need to be made but stated a reserve of 10% to 15% is adequate. Councilmember Kors requested the City Council consider an increase in fee to offset the additional costs of vacation rental enforcement, raising fees for the golf course, the swim center and other recreational programs, increase fines for code enforcement, requested Staff address funding for additional historic sites. 40 City Council Minutes June 1, 2016 Page 4 Councilmember Foat commented on private fundraising for large capital expenditures, commented on the reserve, and stated her support for the 10% to 15% reserve to include the potential State claw back. Councilmember Roberts commented on raising fees, commented on the reserve policy, and stated his opposition to a 10% reserve. Mayor Moon commented on the City Manager recommended budget, stated his support for the Fire Department service increase, and commented on the reserve policy. Councilmember Foat commented on the reserves during the economic discussion. ACTION: Approve the City Manager recommendations for the Fiscal Year 2016-17 Budget and Allocated Positions and Compensation Plan as follows: 1) adding two Airport Maintenance Supervisor and deleting the Airport Maintenance Superintendent; 2) adding Building Permit Center Technician, Vacation Rental Compliance Official, City Clerk, Director of Information Technology, three Firefighter/Paramedic, three Fire Engineer, three Fire Captain, Police Officer, two 1/2 FTE Lifeguards; 3) funding the Vacation Rental Dispatch and Security Services $155,000, Graffiti and Transient Services $159,000, Citywide Communications Services $75,000, Fire Truck Annual Lease Payment (Station No. 5) $65,000, and Landscaping Contract increase $290,000; and 4) Direct Staff to bring forward fee increases to offset the cost of the Vacation Rental Compliance Official and the Vacation Rental Dispatch and Security Services. Motion Councilmember Roberts, seconded by Councilmember Kors and unanimously carried on a roll call vote. ACTION: Fund Palm Springs Resorts in an additional amount of$310,000 to fund the entire Fiscal Year 2016-17. Motion Mayor Pro Tern Mills, seconded by Councilmember Kors and unanimously carried on a roll call vote. ACTION: 1) Shift $1,000,000 of General Fund Street Repair Improvement Projects to the Measure J Street Repair Improvement Projects; and 2) Fund the City Council/City Attorney Office Space Capital Improvement Project from the General Fund, Motion Councilmember Foat, seconded by Councilmember Roberts and unanimously carried on a roll call vote. ACTION: Fund an additional $30,000 in the Planning Department for Historic Preservation Class 1 Designations. Motion Councilmember Roberts, seconded by Councilmember Kors and unanimously carried on a roll call vote. 41 City Council Minutes June 1, 2016 Page 5 ACTION: 1) Adopt Resolution No. 24033, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2016-17;" 2) Adopt Resolution No. 24034, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE BUDGET FOR FISCAL YEAR 2016-17 AND SUCH OTHER MATTERS AS REQUIRED;" 3) Adopt Resolution No. 24035, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS CAPACITY AS THE SUCCESSOR AGENCY TO THE CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY, AND IN ITS CAPACITY AS THE HOUSING SUCCESSOR AGENCY TO THE CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY, APPROVING THE SUCCESSOR AGENCY AND HOUSING SUCCESSOR AGENCY BUDGETS FOR FISCAL YEAR 2016-17, AND OTHER SUCH MATTERS AS REQUIRED;" 4) Adopt Resolution No. 24036, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN APPROPRIATIONS LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2017;" and 5) Direct the City Manager and Director of Finance and Treasurer to make the appropriate modifications to the Budget and prepare the final budget document for Fiscal Year 2016-17," i) amending the Fiscal Year 2016-17 Budget and the Allocated Positions and Compensation Plan by the previous four actions, ii) all Measure J Capital budget shall be unallocated to be discussed by the City Council at the June 15, 2016, meeting, and iii) Approving the allocations for Insurance Renewal, the approval of insurance policies to be on the June 15, 2016, meeting. Motion Mayor Pro Tern Mills, seconded by Councilmember Kors and unanimously carried on a roll call vote. The City Council recessed at 8:22 p.m. The City Council reconvened at 8:31 p.m. PUBLIC COMMENT: DAVID FREEDMAN, commented on Item 5.F. regarding the appointment of ad hoc and standing City Council Subcommittees. CAROL NELSON, Palm Springs, commented on the Downtown Revitalization Project. ROBERT VAN ROO, commented on Item 2.J., spoke in support of extending the hours, and requested the City Council reconsider the cultivation amendments. ALLEN WORTHY, commented on the condition of the Cornella While House and his complaints with the Palm Springs Police Department. 42 City Council Minutes June 1, 2016 Page 6 PATRICIA BRESLIN, commented on the Greater Palm Springs Restaurants and Bar Association. JOY BROWN MEREDITH, commented on Item 2.J., spoke in support of extending the hours, stated her support for the cultivation amendments, and requested the collective operators meet with the City Council Subcommittee regarding amendments. JULIE MONTANTE, commented on Item 2.J., stated her support for additional hours and the cultivation amendments. CITY COUNCIL SUB-COMMITTEE REPORTS AND UPDATES: Councilmember Foat requested an update regarding the Greater Palm Springs Tourism Bureau. Councilmember Kors announced the next meeting of the Governmental Reform, Ethics and Transparency Subcommittee. Councilmember Roberts provided an update on the Rules of Procedure Subcommittee. Councilmember Foat provided an update on the Affordable Housing Subcommittee. COUNCILMEMBER COMMENTS: None. CITY MANAGER'S REPORT: City Manager Ready provided an update on the 2016 Strategic Planning and Goals. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.K., 21., 2.M., 2.N., 2.0., 2.P., 2.Q., 2.R., and 2.U. Motion Councilmember Roberts, seconded by Mayor Pro Tem Mills 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 June 1, 2016, City Council Agenda. Approved as part of the Consent Calendar. 2.B. APPROVAL OF MINUTES: ACTION: Approve the City Council Minutes of May 18, 2016, and May 11, 2016. Approved as part of the Consent Calendar. 2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 24038, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 04-23-2016 BY WARRANTS NUMBERED 419515 THROUGH 43 City Council Minutes June 1, 2016 Page 7 419531 TOTALING $28,922.85, LIABILITY CHECKS NUMBERED 1085370 THROUGH 1085372 TOTALING $2,092.27, FIVE WIRE TRANSFERS FOR $386.76, AND THREE ELECTRONIC ACH DEBITS OF $1,441,776.57 IN THE AGGREGATE AMOUNT OF $1,473,178.45, DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution No. 24039, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1085373 THROUGH 1085475 IN THE AGGREGATE AMOUNT OF $1,199,984.80, DRAWN ON BANK OF AMERICA;" 3) Adopt Resolution No. 24040, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY TWO WIRE TRANSFERS IN THE AGGREGATE AMOUNT OF $254,121.39, DRAWN ON BANK OF AMERICA;" 4) Adopt Resolution No. 24041, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1085476 THROUGH 1085591 IN THE AGGREGATE AMOUNT OF $1,990,157.40, DRAWN ON BANK OF AMERICA;" 5) Adopt Resolution No. 24042, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 05-07-2016 BY WARRANTS NUMBERED 419532 THROUGH 419549 TOTALING $34,136.79, LIABILITY CHECKS NUMBERED 1085592 THROUGH 1085609 TOTALING $88,601.35, FIVE WIRE TRANSFERS FOR $58,889.04, AND THREE ELECTRONIC ACH DEBITS OF $1,265,507.19 IN THE AGGREGATE AMOUNT OF $1,447,134.37, DRAWN ON BANK OF AMERICA;" and 6) Adopt Resolution No. 24043, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1085610 THROUGH 1085711 IN THE AGGREGATE AMOUNT OF $2,002,892.80, DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar, noting the business related abstention of Mayor Pro Tern Mills on Warrant No. 1085629. 2.D. TREASURER'S INVESTMENT REPORT AS OF APRIL 30, 2016: ACTION: Receive and File the Treasurer's Investment Report as of April 30, 2016. Approved as part of the Consent Calendar. 2.E. 2016 BIENNIAL NOTICE FOR CITY STAFF TO REVIEW THE CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT: ACTION: Adopt Resolution No. 24044, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REQUIRING CITY STAFF TO REVIEW THE CONFLICT OF INTEREST CODE AND SUBMIT THE 2016 BIENNIAL NOTICE AS REQUIRED 44 City Council Minutes June 1, 2016 Page 8 UNDER THE POLITICAL REFORM ACT." Approved as part of the Consent Calendar. 2.F. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID THE MESQUITE AVENUE STREET IMPROVEMENTS (CITY PROJECT NO. 12-01): ACTION: 1) Approve the plans, specifications and estimate and 2) Authorize staff to advertise and solicit bids for Mesquite Avenue Street Improvements project (City Project No. 12-01). Approved as part of the Consent Calendar. 2.G. APPOINTMENT OF THE CITY OF PALM SPRINGS REPRESENTATIVE TO THE COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT BOARD OF TRUSTEES: ACTION: Appoint Dr. W. Douglas Kunz as the City of Palm Springs Representative to the Coachella Valley Mosquito and Vector Control Board of Trustees for the term ending December 31, 2017. Approved as part of the Consent Calendar. 2.H. APPROVAL OF A SEWER CONNECTION EXEMPTION FOR THE PROPERTY LOCATED AT 2379 LEONARD ROAD IN ACCORDANCE WITH TITLE 15 OF THE PALM SPRINGS MUNICIPAL CODE: ACTION: Approve an exemption to the requirement to connect to the public sewer system for the property located at 2379 Leonard Road, in accordance with Chapter 15.14.010 of the Palm Springs Municipal Code, and Resolution No. 20650, subject to a requirement to execute a Sewer Covenant obligating connection to the public sewer when available in the future. Approved as part of the Consent Calendar. 2.K. APPROVE ONE (1) ADDITIONAL YEAR TO ANNUAL SOFTWARE MAINTENANCE AGREEMENT FOR WEB BASED REGISTRATION FOR PROGRAMS AND FACILITY RENTALS: ACTION: 1) Approve a software maintenance and usage agreement in a form acceptable to the City Attorney for a one (1) year term with The Active Network, LLC for their web based registration, facility rentals, etc. proprietary system. 2) Authorize the City Manager to execute all necessary documents. A6001. Approved as part of the Consent Calendar. 2.L. APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC., FOR ON-CALL ENGINEERING PLAN CHECK SERVICES: ACTION: 1) Approve a Professional Services Agreement with Engineering Resources of Southern California, Inc., a California corporation, for "on- call" engineering plan check services for an initial three (3) year term, subject to two (2) additional one (1) year extensions; 2) Authorize the issuance of Purchase Orders in amounts sufficient to cover the cost of 45 City Council Minutes June 1, 2016 Page 9 required services pursuant to the Agreement on a "pass-through" basis, with plan check fees collected by the City from a developer received as payment for requested plan check services; and 3) Authorize the City Manager to execute all necessary documents. A6857. Approved as part of the Consent Calendar. 2.M. APPROVE A CONTRACT SERVICES AGREEMENT WITH ST. FRANCIS ELECTRIC, LLC, FOR ON-CALL TRAFFIC SIGNAL MAINTENANCE SERVICES: ACTION: 1) Approve a Contract Services Agreement for "On-Call" Traffic Signal Maintenance Services to St. Francis Electric, LLC, a California limited liability company, at an annual maximum contract amount of $380,000 for an initial three (3) year term, subject to two (2) additional one (1) year extensions; 2) Approve a 90-day extension of Agreement No. 5793 with Siemens Industry, Inc. (formerly known as Republic ITS), effective July 1, 2016, and authorize issuance of a Purchase Order in an amount not to exceed $50,000 for completion of previously approved traffic signal maintenance work orders with Siemens Industry, Inc.; and 3) Authorize the City Manager to execute all necessary documents. A6858. A5793. Approved as part of the Consent Calendar. 2.N. PROPOSED RESOLUTION SETTING THE PUBLIC HEARING FOR THE ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS CITYWIDE STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS, FISCAL YEAR 2016-17 AND ENGINEER'S REPORT: ACTION: 1) Adopt Resolution No. 24045, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE PREPARATION OF AND GIVING PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 3, AND PARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 (ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12, TO ESTABLISH ANNUAL ASSESSMENTS AND THE LEVY AND COLLECTION RELATED THERETO FOR FISCAL YEAR 2016-17;" and 2) Adopt Resolution No. 24046, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON JULY 6, 2016, REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 3, AND PARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 (ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12, AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2016-17." Approved as part of the Consent Calendar. 2.0. APPROVE AMENDMENT NO. 3 IN THE AMOUNT OF $16,500 TO THE CONSULTING SERVICES AGREEMENT WITH INTERACTIVE DESIGN CORPORATION FOR THE JAMES O. JESSIE DESERT HIGHLAND 46 City Council Minutes June 1, 2016 Page 10 UNITY CENTER OUTDOOR PERFORMANCE STAGE AND OUTDOOR BALL FIELD LIGHTING PROJECT (CITY PROJECT NO. 14-18): ACTION: 1) Approve Amendment No. 3 in the amount of $16,500 to the Consulting Services Agreement (A6697) with Interactive Design Corporation for revised total contract amount of $62,400 for the James O. Jessie Desert Highland Unity Center Outdoor Performance Stage and Outdoor Ball Field Lighting Project, City Project No. 14-18; and 2) Authorize the City Manager to execute all necessary documents. A6697. Approved as part of the Consent Calendar. 2.P. APPROVE AMENDMENT NO. 4 IN THE AMOUNT OF $9,050 TO THE CONSULTING SERVICES AGREEMENT WITH URRUTIA ARCHITECTS (A6465) FOR THE POLICE DEPARTMENT REMODEL (CITY PROJECT NO. 15-05): ACTION: 1) Approve Amendment No. 4 in the amount of $9,050 to the Consulting Services Agreement with Urrutia Architects for a revised total contract amount of $193,430 for the Police Department Remodel, City Project No. 15-05; and 2) Authorize the City Manager to execute all necessary documents. A6465. Approved as part of the Consent Calendar. 2.Q. APPROVE AMENDMENT NO. 5 IN THE AMOUNT OF $165,900 TO THE PROFESSIONAL SERVICES AGREEMENT NO. 4461 WITH DOKKEN ENGINEERING FOR ADDITIONAL DESIGN SERVICES FOR THE INDIAN CANYON DRIVE WIDENING & BRIDGE REPLACEMENT, CITY PROJECT NO. 01-11, FEDERAL AID PROJECT NO. BRLO 5282 (017): ACTION: 1) Approve Amendment No. 5 in the amount of $165,900 to Professional Services Agreement No. 4461 with Dokken Engineering for a revised total contract amount of $1,390,600 for additional design services; and 2) Authorize the City Manager to execute all necessary documents. A4461. Approved as part of the Consent Calendar. 2.R. APPROVAL OF PARCEL MAP 35507 FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF RAMON ROAD AND GENE AUTRY TRAIL, IN SECTION 20, TOWNSHIP 4 SOUTH, RANGE 5 EAST: ACTION: Adopt Resolution No. 24037, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PARCEL MAP 35507 FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF RAMON ROAD AND GENE AUTRY TRAIL, IN SECTION 20, TOWNSHIP 4 SOUTH, RANGE 5 EAST." Approved as part of the Consent Calendar. 2.U. APPROVAL OF CONTRACT CHANGE ORDER NO. 2 IN THE AMOUNT OF $25,259.92 WITH CCS CONTRACTORS, INC. FOR THE FIRE 47 City Council Minutes June 1, 2016 Page 11 STATION NO. 2 CHILLER REPLACEMENT (CITY PROJECT NO. 14-17): ACTION: 1) Approve Contract Change Order No. 2 in the amount of $25,259.92 to the construction contract with CCS Contractors, Inc. for a revised total contract amount of $204,094.22 for the Fire Station No. 2 Chiller Replacement, City Project No. 14-17; and 2) Authorize the City Manager to execute all necessary documents. A6769. Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: 2.1. APPROVE THE PURCHASE OF TACTICAL PATROL VESTS FROM MIDWEST ARMOR UTILIZING FUNDS DONATED BY THE AGUA CALIENTE BAND OF CAHUILLA INDIANS: The City Council thanked the Agua Caliente Band of Cahuilla Indians for their donation. ACTION: 1) Approve a purchase order to Midwest Armor and Strategic Solutions, in the amount of $27,277.25, for the purchase of 65 new tactical patrol vests; and 2) Authorize the City Manager to execute any necessary documents to effectuate the purchase. Motion Mayor Moon, seconded by Councilmember Foat and unanimously carried on a roll call vote. 2.J. ORDINANCE NO. 1892 RELATING TO HOURS OF OPERATION AND MEDICAL CANNABIS CULTIVATION FACILITIES FOR PERMITTED MEDICAL CANNABIS COLLECTIVES AND COOPERATIVES: The City Council discussed and/or commented on the following with respect to medical cannabis: the process with the collectives and the City Council Subcommittee, the current modifications being proposed, the fairness of the regulations, the enforcement of legal collectives, and the enforcement of unpermitted collectives. ACTION: Waive the reading of the ordinance text in its entirety and reintroduce Ordinance No. 1892, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 5.35.210.D.2, 5.35.340.C.1, AND CHAPTER 3.35 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO HOURS OF OPERATION AND MEDICAL CANNABIS CULTIVATION FACILITIES FOR PERMITTED MEDICAL CANNABIS COLLECTIVES AND COOPERATIVES," amending Section 2 of the Ordinance to read, "Each permitted MCCC may operate and maintain one (1) MCCF at its location, subject to the requirements of the City's Zoning Code. Each MCCC may operate and maintain two (2) additional MCCFs as allowed under this Subsection C. Nothing in this Section shall prohibit two or more permitted MCCCs from operating or d8 City Council Minutes June 1, 2016 Page 12 maintaining an MCCF. Motion Councilmember Roberts, seconded by Councilmember Kors and carried 3-2 on a roll call vote. AYES: Councilmember Foat, Councilmember Kors, and Councilmember Roberts. NOES: Mayor Pro Tem Mills and Mayor Moon. 2.S. APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH CASC ENGINEERING AND CONSULTING, INC., FOR ON-CALL NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM CONSULTING SERVICES: Mayor Pro Tern Mills commented on the local business preference statements in the Staff Report, and requested City Staff prepare a report on local preference and place a discussion item on a future agenda. ACTION: 1) Approve a Professional Services Agreement with CASC Engineering and Consulting, Inc., a California corporation, for "on-call' National Pollutant Discharge Elimination System (NPDES) program consulting services for an initial three (3) year term, subject to two (2) additional one (1) year extensions; 2) Authorize a purchase order in the amount of $200,000 to CASC Engineering and Consulting, Inc. for annual NPDES program consulting services for Fiscal Year 2016-17 and subsequent fiscal years during the term of the Agreement; and; 3) Authorize the City Manager to execute all necessary documents. A6859. Motion Mayor Pro Tern Mills, seconded by Councilmember Kors and unanimously carried on a roll call vote. 2.T. UPDATE AND STATUS REPORT REGARDING THE 2016 STRATEGIC PLANNING GOALS AND OBJECTIVES: The City Council discussed and/or commented on the process of developing the strategic planning goals and the planning session. ACTION: Receive and File. Motion Councilmember Kors, seconded by Councilmember Roberts and unanimously carried on a roll call vote. 3. LEGISLATIVE: None. 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: S.A. CITY COUNCIL AD HOC SUBCOMMITTEE REPORT REGARDING CITY COUNCIL RULES OF PROCEDURE AND THE CONDUCT OF CITY COUNCIL MEETINGS: The City Council discussed and/or commented on the following with respect to the Rules of Procedure: the length of time for public hearing, 49 City Council Minutes June 1, 2016 Page 13 moving public comment on agenda items and consent calendar, submission of written public comment, redesigning public speaker cards, eliminating duplication of public comment, the elimination of invited guests for the Pledge, the reduction but not the elimination of presentations, the elimination of the invocation, the adjournment time would be approximate to complete necessary business, City Council limitations, Rosenberg Rules of Order, and limited to two presentation and time limits on the presentations. ACTION: Direct Staff to modify the City Council Rules of Procedure for adoption by the City Council. By unanimous consent of the City Council. ACTION: Continue past the 10:00 p.m. tentative adjournment time. Motion Councilmember Kors, seconded by Councilmember Foat and unanimously carried. S.B. APPOINTMENT OF VARIOUS COMMISSIONERS AND BOARD MEMBERS AS PART OF THE 2016 ANNUAL RECRUITMENT PROCESS: ACTION: 1) Appoint Richmond Curtiss to the Rent Review Commission for the term ending June 30, 2019; 2) Reappoint Marlyn Manley and Joy Brown Meredith to the VillageFest Board for the term ending June 30, 2019; and 3) Appoint John Kearns and James Reed to the Administrative Appeals Board for the term ending June 30, 2019. Motion Councilmember Kors, seconded by Mayor Pro Tern Mills and unanimously carried on a roll call vote. The City Council heard Item 5.C. and 5.D. concurrently. 5.C. REPORT ON BUILDING OFFICIAL APPROVAL OF A REQUEST FOR EARLY CONSTRUCTION START TIME OF 5:00 A.M. FROM MONDAY THRU THURSDAY FOR CERTAIN WORK ACTIVITIES AT THE KIMPTON HOTEL CONSTRUCTION SITE FROM JUNE 15, 2016, THROUGH OCTOBER 15, 2016: Marcus Fuller, Assistant City Manager/City Engineer, provided background information as outlined in the Staff Report dated June 1, 2016. The City Council discussed and/or commented on the following: providing public notice, ramifications for complaints, the extraordinary hours being requested, the impact to the residential neighbors, the route of the concrete trucks, truck back-up warnings, lighting of the site, changing of the schedule, and requiring on-site cell number. 50 City Council Minutes June 1, 2016 Page 14 ACTION: 1) Receive and File the request from Kimpton; and 2) Table the Andaz request for two-weeks and provide public notice. By unanimous consent of the City Council. S.D. REPORT ON BUILDING OFFICIAL APPROVAL OF A REQUEST FOR EARLY CONSTRUCTION START TIME OF 12:00 A.M. TO 7:00 A.M. FROM MONDAY THRU FRIDAY FOR CERTAIN WORK ACTIVITIES AT THE ANDAZ HOTEL CONSTRUCTION SITE FROM JUNE 2, 2016, THROUGH NOVEMBER 3, 2016: Tabled to June 15, 2016. S.E. AWARD A CONSTRUCTION CONTRACT TO MARIPOSA LANDSCAPES, INC. IN THE AMOUNT OF $1,494,970.76 FOR LANDSCAPE AND GROUNDS MAINTENANCE SERVICES (INVITATION FOR BIDS NO. 16-02): Marcus Fuller, Assistant City Manager/City Engineer, provided background information as outlined in the Staff Report dated June 1, 2016. The City Council discussed and/or commented on the following: responsibility of current vendor for plant material that is damaged, the purpose of complete tree removal, the inclusion of replacement of trees that are removed, the removal of the ficus trees at the swim center, the inclusion of an arborist when trimming trees, the landscaping at the Animal Shelter. ACTION: 1) Award a Contract Services Agreement for Landscape and Grounds Maintenance Services to Mariposa Landscapes, Inc. in the amount of $1,494,970.76 for the services identified in Bid Schedules A through F, inclusive, (excluding the full amount of $929,480 for Bid Schedule G for annual tree trimming services); 2) Authorize a Contract Change Order and issuance of an additional Purchase Order in the amount of $339,880 in accordance with the unit prices identified in Bid Schedule G for annual tree trimming services; 3) Authorize the City Manager to approve and execute Contract Change Orders up to an additional cumulative amount of $100,000 for additional or emergency landscape, grounds maintenance or tree trimming services; and 4) Authorize the City Manager to execute all necessary documents. A6860. Motion Councilmember Roberts, seconded by Mayor Pro Tern Mills and unanimously carried on a roll call vote. S.F. REVIEW AND APPOINT AD HOC AND STANDING CITY COUNCIL SUBCOMMITTEES: ACTION: 1) Replace Councilmember Foat with Councilmember Roberts on the Vacation Rental Subcommittee; 2) Replace Councilmember Foat with Councilmember Kors on the Sign Subcommittee; 3) Appoint Councilmember Kors as a City Council Liaison to PS Resorts and appoint 51 City Council Minutes June 1, 2016 Page 15 Mayor Moon as the Alternate Liaison to PS Resorts; and 4) Continue all other discussion and appointments to the June 15, 2016, meeting. By unanimous consent of the City Council. COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: Councilmember Kors requested the City Manager performance evaluation be placed on the June 15, 2016, closed session agenda. Mayor Moon requested a Joint Meeting of the City Council and the Planning Commission be scheduled in September, 2016. ADJOURNMENT: The City Council adjourned at 11:13 p.m. to the next regular meeting Wednesday, June 15, 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: JAMES THOMPSON, CITY CLERK 52