HomeMy WebLinkAbout10/7/2015 - STAFF REPORTS - 2.B.CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
MEETING MINUTES
WEDNESDAY, SEPTEMBER 2, 2015
CITY HALL COUNCIL CHAMBER
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:10 p.m.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge.
INVOCATION: Reverend Amanda Burr, United Methodist Church, led the Invocation
ROLL CALL:
PRESENT: Councilmember Foat, Councilmember Hutcheson, Councilmember
Mills, Mayor Pro Tern Lewin, and Mayor Pougnet.
ABSENT: None.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS:
Mayor Pougnet read a statement of recent events regarding Incentive Programs and the
sale of RDA properties.
Mayor Pougnet and Police Chief Franz announced that Officer Mathew Steed received
the lifesaving medal.
Councilmember Foat announced the grand opening ribbon cutting at 849 Restaurant in
the City of Palm Springs.
Mayor Pougnet provided an update on the City's Transient Occupancy Tax and the
progress of the Kimpton Hotel construction.
Mayor Pougnet announced JetBlue will be providing air service to Palm Springs
International Airport.
Councilmember Foat provided an update on animal adoptions at the Palm Springs
Animal Shelter.
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REPORT OF CLOSED SESSION:
The meeting was called to order at 4:30 p.m. and the City Council recessed into Closed
Session to discuss items on the posted Closed Session Agenda.
City Attorney Holland stated Mayor Pougnet did not participate in one matter regarding
Initiation of Litigation, and Councilmember Hutcheson did not participate in the
discussion regarding the Intervention911 Litigation.
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:
Mayor Pougnet abstained on Item 2.13. the approval of the July 15, 2015 Minutes.
Councilmember Mills noted a business related abstention on Item 2.C. Warrant
Nos. 1079451, 1079593, 1079710 and requested items 2.Q., 2.5., 2.V. and 2.W. be
removed from the Consent Calendar.
Mayor Pro Tern Lewin requested items 2.W. and 2.X. be removed from the Consent
Calendar.
Councilmember Foat noted a business related abstention on Item 2.C. Warrant Nos.
1079817 and 1080070, and requested items 2.V. and 2.Y. be removed from the
Consent Calendar.
ACTION: Accept the Agenda as amended. Motion Councilmember Hutcheson,
seconded by Councilmember Foat and unanimously carried on a roll call vote.
1. PUBLIC HEARINGS:
1.A. DEBBIE GORDON APPEALING THE JUNE 24, 2015, DECISION OF
THE PLANNING COMMISSION TO GRANT A VARIANCE
APPLICATION AND APPROVE MAJOR ARCHITECTURAL REQUEST
BY GANDO PROPERTIES FOR THE CONSTRUCTION OF AN
APPROXIMATE 96,445 SQ. FT. OFFICE SPACE, WAREHOUSE, AND
SELF STORAGE FACILITY ON AN APPROXIMATELY 4.5-ACRE
PARCEL AT THE SOUTHEAST CORNER OF GENE AUTRY TRAIL
AND TACHEVAH DRIVE:
Flinn Fagg, Director of Planning Services, provided background
information as outlined in the Staff Report dated September 2, 2015, and
recommended the City Council open the public hearing and take
testimony, but continue the public hearing to September 16, 2015, to
perfect noticing.
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Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
DAVID GANDOLFO, Applicant, commented on the letter of appeal and
stated there is a need in the City for additional public storage.
ACTION: 1) Continue the Public Hearing to September 16, 2015; and
2) Direct the City Clerk to post a Notice of Continued Public Hearing and
Notice the Appellant. Motion Councilmember Mills, seconded by
Mayor Pro Tern Lewin and unanimously carried on a roll call vote.
1.13. PALM SPRINGS MODERN COMMITTEE APPEALING THE JUNE 10,
2015, DECISION OF THE PLANNING COMMISSION TO APPROVE A
CONDITIONAL USE PERMIT TO EXPAND AND MODIFY FLOOR
SPACE AT AN EXISTING GAS STATION LOCATED AT 2796 NORTH
PALM CANYON DRIVE (CASE 5.0712 CUP):
Flinn Fagg, Director of Planning Services, provided background
information as outlined in the Staff Report dated September 2, 2015.
Councilmember Foat questioned if the Planning Commission received the
recommendations from the Historic Site Preservation Board.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
CHRIS MENRAD, Appellant, commented on the removal of a portion of
the building is being removed, and stated the Planning Commission did
not receive all the recommendations of the HSPB.
GERGIS YOUSEF, Applicant, commented on the condition and stated the
proposed work is being done to the interior of the building with minimal
exterior work.
GARY JOHNS, stated he attended both the HSPB and the Planning
Commission meeting, the information from the HSPB was not received by
the Planning Commission, and requested the project go to the AAC as
well.
STEVEN PRICE, commented on the history of the property and the
architect, and requested the City Council uphold the appeal.
ROBERT IMBER, commented on the significance of the Cody designed
gas station, and stated the Planning Commission did not receive the
information from the HSPB.
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STAN POLLAKUSKY, designed the project and commented on the
removal of an interior wall, stated the modifications are very minor, and
requested the City Council approve the project.
JIM CARVELL, requested the City Council allow the project to provide an
opportunity for the business to continue.
Applicant Rebuttal commented on the business model and the need to
allow for a convenience store to make the business viable.
No further speakers coming forward, the public hearing was closed.
Councilmember Mills requested City Staff clarify if the plans included an
addition and the removal of the interior wall, stated the structure is historic,
recommended the City Council review the previous conditions for the CUP
that have not been implemented regarding screening, permit for satellite
dish, and the screening of the mechanical equipment, recommend the City
enforce the conditions of the CUP, stated he is not supportive of the
addition, but he supports the interior modifications, and stated he would be
supportive of returning the Item to the Planning Commission,
recommended the Planning Commission also review the signage.
Councilmember Hutcheson commented on the amount of ancillary
business needed to operate, stated the City should find a balance to
preserve the building while providing an opportunity for the owner to
operate a viable business, and stated support for the removal of the
interior wall.
Councilmember Foat commented on the historic nature, expressed her
concern with the information to the Planning Commission and stated her
support for returning to the Planning Commission.
Mayor Pro Tern Lewin requested staff clarify if the modifications were part
of the Cody design, and expressed concerns for the business owner to
have a viable business.
ACTION: 1) Uphold the Appeal; and 2) Return the item to the Planning
Commission for expedited review. Motion Councilmember Foat,
seconded by Councilmember Mills and unanimously carried on a roll
call vote.
1.C. CROWN CASTLE (T-MOBILE WIRELESS) FOR AN AMENDMENT TO
AN EXISTING CONDITIONAL USE PERMIT ELIMINATING IMPOSED
TIME LIMITS, APPROVING THE ADDITION OF THREE NEW PANEL
ANTENNAS, AND APPROVING A CEQA CATEGORICAL EXEMPTION
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FOR AN EXISTING CELL TOWER MONOPOLE LOCATED AT 490
EAST SUNNY DUNES ROAD, ZONE C-M (CASE 5.0719 CUP):
Flinn Fagg, Director of Planning Services, provided background
information as outlined in the Staff Report dated September 2, 2015.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
MARISA KEBECK, stated the City needs a tower at the North end.
No further speakers coming forward, the public hearing was closed.
Mayor Pro Tern Lewin requested Staff address the previous five-year
requirement.
ACTION: Adopt Resolution No. 23864, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING AN AMENDMENT TO AN EXISTING CONDITIONAL USE
PERMIT ELIMINATING IMPOSED TIME LIMITS, APPROVING THE
ADDITION OF THREE NEW PANEL ANTENNAS, AND APPROVING A
CEQA CATEGORICAL EXEMPTION FOR AN EXISTING CELL TOWER
MONOPOLE AT 490 EAST SUNNY DUNES ROAD, ZONE C-M (CASE
NO. 5.0719 CUP)." Motion Councilmember Foat, seconded by
Councilmember Hutcheson and unanimously carried on a roll call
vote.
The City Council heard Items 1.D. and 1.E. concurrently as one public hearing.
1.D. CALLING AND CONDUCTING THE SPECIAL ELECTION, AND
INTRODUCTION OF AN ORDINANCE AUTHORIZING THE LEVY OF
SPECIAL TAXES WITHIN ANNEXATION NOS. 9 THROUGH NO. 12 TO
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY
SERVICES):
Marcus Fuller, Assistant City Manager, City Engineer, provided
background information as outlined in the Staff Report dated
September 2, 2015.
Mayor Pougnet opened the public hearing, and no speakers coming
forward the public hearing was closed.
ACTION: 1) Adopt Resolution No. 23865, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING ANNEXATION NO. 9, VIBRANTE, TRACT MAP NO.
32736, INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC
SAFETY SERVICES), AUTHORIZING THE LEVY OF A SPECIAL TAX,
AND SUBMITTING THE LEVY OF SPECIAL TAX TO QUALIFIED
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ELECTORS;" 2) Adopt Resolution No. 23866, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING ANNEXATION NO. 10, CAMERON, TRACT MAP NO.
33575, INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC
SAFETY SERVICES), AUTHORIZING THE LEVY OF A SPECIAL TAX,
AND SUBMITTING THE LEVY OF SPECIAL TAX TO QUALIFIED
ELECTORS;" 3) Adopt Resolution No. 23867, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING ANNEXATION NO. 11, PALM RIDGE, TRACT MAP NO.
36738, INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC
SAFETY SERVICES), AUTHORIZING THE LEVY OF A SPECIAL TAX,
AND SUBMITTING THE LEVY OF SPECIAL TAX TO QUALIFIED
ELECTORS;" 4) Adopt Resolution No. 23868, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING ANNEXATION NO. 12, VIA OLIVERA, TRACT MAP NO.
36737, INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC
SAFETY SERVICES), AUTHORIZING THE LEVY OF A SPECIAL TAX,
AND SUBMITTING THE LEVY OF SPECIAL TAX TO QUALIFIED
ELECTORS." Motion Councilmember Foat, seconded by
Councilmember Mills and unanimously carried on a roll call vote.
City Clerk Thompson stated a special landowner election was conducted,
and the results were as follows:
Annexation No.
9.
Total Eligible Votes 8.
Total YES Votes 8. Total NO Votes 0
Annexation No.
10.
Total Eligible Votes 12.
Total YES Votes 12. Total NO Votes 0.
Annexation No.
11.
Total Eligible Votes 20.
Total YES Votes 20. Total NO Votes 0.
Annexation No.
12.
Total Eligible Votes 1.
Total YES Votes 1. Total NO Votes 0.
ACTION: 5) Adopt Resolution No. 23869, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING THE RESULTS OF A SPECIAL ANNEXATION
LANDOWNER ELECTION, DETERMINING VALIDITY OF PRIOR
PROCEEDINGS, AND DIRECTING THE RECORDING OF AN
AMENDMENT TO NOTICE OF SPECIAL TAX LIEN FOR ANNEXATION
NO. 9, VIBRANTE, TRACT MAP NO. 32736, INTO COMMUNITY
FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES);" 6)
Adopt Resolution No. 23870, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE
RESULTS OF A SPECIAL ANNEXATION LANDOWNER ELECTION,
DETERMINING VALIDITY OF PRIOR PROCEEDINGS, AND DIRECTING
THE RECORDING OF AN AMENDMENT TO NOTICE OF SPECIAL TAX
LIEN FOR ANNEXATION NO. 10, CAMERON, TRACT MAP NO. 33575,
INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC
SAFETY SERVICES);" 7) Adopt Resolution No. 23871, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
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CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL
ANNEXATION LANDOWNER ELECTION, DETERMINING VALIDITY OF
PRIOR PROCEEDINGS, AND DIRECTING THE RECORDING OF AN
AMENDMENT TO NOTICE OF SPECIAL TAX LIEN FOR ANNEXATION
NO. 11, PALM RIDGE, TRACT MAP NO. 36738, INTO COMMUNITY
FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES);" 8)
Adopt Resolution No. 23872, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE
RESULTS OF A SPECIAL ANNEXATION LANDOWNER ELECTION,
DETERMINING VALIDITY OF PRIOR PROCEEDINGS, AND DIRECTING
THE RECORDING OF AN AMENDMENT TO NOTICE OF SPECIAL TAX
LIEN FOR ANNEXATION NO. 12, VIA OLIVERA, TRACT MAP NO.
36737, INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC
SAFETY SERVICES); 9) Waive the reading of the ordinance text in its
entirety and read by title only, Ordinance No. 1880, "AN ORDINANCE OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE
LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT,
INCLUDING CERTAIN ANNEXATION TERRITORY IDENTIFIED AS
ANNEXATION NO. 9, VIBRANTE, TRACT MAP NO. 32736, INTO
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY
SERVICES);" 10) Waive the reading of the ordinance text in its entirety
and read by title only, Ordinance No. 1881, "AN ORDINANCE OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF
SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT,
INCLUDING CERTAIN ANNEXATION TERRITORY IDENTIFIED AS
ANNEXATION NO. 10, CAMERON, TRACT MAP NO. 33575, INTO
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY
SERVICES);" 11) Waive the reading of the ordinance text in its entirety
and read by title only, Ordinance No. 1882, "AN ORDINANCE OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF
SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT,
INCLUDING CERTAIN ANNEXATION TERRITORY IDENTIFIED AS
ANNEXATION NO. 11, PALM RIDGE, TRACT MAP NO. 36738, INTO
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY
SERVICES);" and 12) Waive the reading of the ordinance text in its
entirety and read by title only, Ordinance No. 1883, "AN ORDINANCE OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE
LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT,
INCLUDING CERTAIN ANNEXATION TERRITORY IDENTIFIED AS
ANNEXATION NO. 12, VIA OLIVERA, TRACT MAP NO. 36737, INTO
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY
SERVICES)." Motion Mayor Pro Tern Lewin, seconded by
Councilmember Hutcheson and unanimously carried on a roll call
vote.
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I.E. CALLING AND CONDUCTING THE SPECIAL ELECTION, AND
INTRODUCTION OF AN ORDINANCE AUTHORIZING THE LEVY OF
SPECIAL TAXES WITHIN ANNEXATIONS NO. 1 AND NO. 2 TO
COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY
SERVICES)
ACTION: Take no action on Annexation No. 1; and 2) Adopt Resolution
No. 23873, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AUTHORIZING ANNEXATION NO. 2,18
@ TWIN PALMS, TRACT MAP NO. 36651, INTO COMMUNITY
FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES),
AUTHORIZING THE LEVY OF A SPECIAL TAX, AND SUBMITTING THE
LEVY OF SPECIAL TAX TO QUALIFIED ELECTORS." Motion
Councilmember Foat, seconded by Councilmember Mills and
unanimously carried on a roll call vote.
City Clerk Thompson stated a special landowner election was conducted,
and the results were as follows:
Annexation No. 2. Total Eligible Votes 3. Total YES Votes 3. Total NO Votes 0.
ACTION: 1) Adopt Resolution No. 23874, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING THE RESULTS OF A SPECIAL ANNEXATION
LANDOWNER ELECTION, DETERMINING VALIDITY OF PRIOR
PROCEEDINGS, AND DIRECTING THE RECORDING OF AN
AMENDMENT TO NOTICE OF SPECIAL TAX LIEN FOR ANNEXATION
NO. 2,18 @ TWIN PALMS, TRACT MAP NO. 36651, INTO COMMUNITY
FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES);" and
2) Waive the reading of the ordinance text in its entirety and read by title
only, Ordinance No. 1884, "AN ORDINANCE OF CITY OF PALM
SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL
TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING
CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION
NO. 2,18 @ TWIN PALMS, TRACT MAP NO. 36651, INTO COMMUNITY
FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES)."
Motion Mayor Pro Tern Lewin, seconded by Councilmember
Hutcheson and unanimously carried on a roll call vote.
PUBLIC COMMENT:
LISA MIDDLETON, commented on the recent events at Palm Springs City Hall and
thanked City staff.
MICHAEL HARRINGTON, commented on recent events at City Hall and recommended
a high standard of conduct for City Officials and Staff.
City Council Minutes
September 2, 2015
Page 9
RONALD S. LEVEY, M.D., requested the City Council repeal the current tobacco
ordinance to increase the age to 21 to purchase tobacco products.
ROBERT MOON, commented on Item S.B., noted the changes to the project including
the addition of a third hotel, requested a model of the project, requested a town hall, and
a comprehensive financial accounting of City funds.
WESLEY ROSS, commented on the newly formed committee to address homelessness
in the City of Palm Springs.
BOB WEINSTEIN, stated he is running for Mayor and stated his concern regarding the
image of the City based on the recent events and allegations.
DAN ROBBINS, commented on allowing an additional permit for medical cannabis in
the City.
JOHN STROBEL, stated his concerns have been previously addressed.
NIKOHL VANDEL, Palm Springs, commented on the condition of the water.
DELMAR AITKEN, M.D., commented on the benefits of medical cannabis.
CHEREE AITKEN, Palm Springs, commented on medical cannabis.
JAMES KAO, commented on medical cannabis and requested he be considered for a
medical cannabis permit.
PAT NIXON, commented on medical cannabis and requested he be considered for a
medical cannabis permit.
DARYL TERRELL, Moreno Valley, commented on recent activities at City Hall.
KATE CASTLE, commented on recent activities at City Hall.
MARK MARSHALL, Palm Springs, commented on recent activities at City Hall.
JIM KING, commented on Item 2.CC. regarding the proposed name change of Crossley
Road and Golf Club Drive to Lawrence Crossley Road.
NOE PENA, commented on medical cannabis.
DAVID BARON, commented on successes of the current City Council and the recent
activities at City Hall.
GINO DELIO, commented on medical cannabis.
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SUZANNE SEVERIN, commented on Item 2.CC. regarding the proposed name change
of Crossley Road and Golf Club Drive to Lawrence Crossley Road.
JOY BROWN MEREDITH, commented on the current success of the City, the recent
events at City Hall, commented on Item 5.13. and the potential addition of a third hotel.
KRISTIN BLOOMER, commented on the current success of the City and the recent
events at City Hall.
MICHAEL GAMEZ, commented on medical cannabis.
SHIRI HARRIS, commented on medical cannabis.
STEVE ROSENBERG, commented on the recent activities at City Hall.
DAVID DEADER, commented on medical cannabis.
LIANI JOHNSON, commented on medical cannabis.
AFTAB DADA, commented on the recent increase in Transient Occupancy Taxes and
the recent activities at City Hall.
TONI RINGLEIN, commented on a new ruling by HUD regarding zoning ordinances.
IAN ARMSTRONG, commented on medical cannabis.
TRAE DANIEL, Palm Springs, commented on Item 2.CC. regarding the proposed name
change of Crossley Road and Golf Club Drive to Lawrence Crossley Road.
JESSE DANNER, commented on the location of construction equipment at the
Downtown Revitalization Project, the street reconstruction and undergrounding utility
poles.
JUDITH EAGAN, commented on medical cannabis.
RON MATLIN, Palm Springs, commented on the BUZZ operating in a residential
neighborhood.
BILL COOK, commented on Item 2.CC. regarding the proposed name change of
Crossley Road and Golf Club Drive to Lawrence Crossley Road.
GEORGE ZANDER, Palm Springs, commented on the implementation of the
Homelessness Task Force.
STEVE NICHOLS, commented on Item 2.Y. and access to trails and the Chino Canyon
Preserve.
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PETE DANGERMOND, Sacramento, commented on Item 2.Y. and access to trails and
the Chino Canyon Preserve.
TOM ADAMO, Palm Springs, commented on the success of the City Council and
homeless youths in the City of Palm Springs.
COUNCILMEMBER COMMENTS:
Mayor Pro Tern Lewin thanked the citizens of the City of Palm Springs for taking the
time to speak at the City Council meeting.
Councilmember Foat commented on recent events in City Hall and the positive reaction
by the residents of the City of Palm Springs, and requested City Staff draft an ordinance
prohibiting the sale of animals.
CITY MANAGER'S REPORT: None.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., .2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.1., 2.J.,
2.K., 2.L., 2.M., 2.N., 2.0., 2.P., 2.R., 2.T., 2.U., 2.Z., 2.AA., 2.13B., 2.CC., 2.DD.
Motion Councilmember Hutcheson, seconded by Mayor Pro Tem Lewin 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
September 2, 2015, City Council Agenda. Approved as part of the
Consent Calendar.
2.B. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of July 15, 2015. Approved
as part of the Consent Calendar, noting the abstention of
Mayor Pougnet.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 23875, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1078995 THROUGH 1079114 IN THE AGGREGATE
AMOUNT OF $1,198,783.43, DRAWN ON BANK OF AMERICA;" 2) Adopt
Resolution No. 23876, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF PAYROLL WARRANTS FOR THE PERIOD ENDED 06-06-2015 BY
WARRANTS NUMBERED 419157 THROUGH 419171 TOTALING
$29,506.68, LIABILITY CHECKS NUMBERED 1079115 THROUGH
1079135 TOTALING $108,689.51, FIVE WIRE TRANSFERS FOR
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$56,635.81, AND THREE ELECTRONIC ACH DEBITS OF $1,161,167.87
IN THE AGGREGATE AMOUNT OF $1,355,999.87, DRAWN ON BANK
OF AMERICA;" 3) Adopt Resolution No. 23877, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1079136 THROUGH 1079282 IN THE AGGREGATE
AMOUNT OF $1,680,514.20, DRAWN ON BANK OF AMERICA;" 4) Adopt
Resolution No. 23878, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1079283
THROUGH 1079415 IN THE AGGREGATE AMOUNT OF $1,382,764.11,
DRAWN ON BANK OF AMERICA.;" 5) Adopt Resolution No. 23879, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL
WARRANTS FOR THE PERIOD ENDED 06-20-2015 BY WARRANTS
NUMBERED 419172 THROUGH 419185 TOTALING $28,695.80,
LIABILITY CHECKS NUMBERED 1079416 THROUGH 1079436
TOTALING $106,982.70, FIVE WIRE TRANSFERS FOR $60,743.51,
AND THREE ELECTRONIC ACH DEBITS OF $1,187,961.68 IN THE
AGGREGATE AMOUNT OF $1,384,383.69, DRAWN ON BANK OF
AMERICA;" 6) Adopt Resolution No. 23880, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1079437 THROUGH 1079577 IN THE AGGREGATE
AMOUNT OF $1,516,520.65, DRAWN ON BANK OF AMERICA;" 7) Adopt
Resolution No. 23881, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1079578
THROUGH 1079643 IN THE AGGREGATE AMOUNT OF $742,883.00,
DRAWN ON BANK OF AMERICA;" 8) Adopt Resolution No. 23882, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL
WARRANTS FOR THE PERIOD ENDED 07-04-2015 BY WARRANTS
NUMBERED 419186 THROUGH 419199 TOTALING $26,005.01,
LIABILITY CHECKS NUMBERED 1079644 THROUGH 1079664
TOTALING $105,322.97, FIVE WIRE TRANSFERS FOR $64,031.01,
AND THREE ELECTRONIC ACH DEBITS OF $1,247,887.39 IN THE
AGGREGATE AMOUNT OF $1,443,246.38, DRAWN ON BANK OF
AMERICA;" 9) Adopt Resolution No. 23883, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1079665 THROUGH 1079849 IN THE AGGREGATE
AMOUNT OF $2,907,362.18, DRAWN ON BANK OF AMERICA;"
10) Adopt Resolution No. 23884, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
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September 2, 2015
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NUMBERED 1079850 THROUGH 1079986 IN THE AGGREGATE
AMOUNT OF $2,123,026.48, DRAWN ON BANK OF AMERICA;"
11) Adopt Resolution No. 23885, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 07-18-2015 BY WARRANTS NUMBERED 419200 THROUGH
419216 TOTALING $38,223.33, LIABILITY CHECKS NUMBERED
1079987 THROUGH 1080006 TOTALING $105,272.67, FIVE WIRE
TRANSFERS FOR $88,368.06, AND THREE ELECTRONIC ACH
DEBITS OF $1,487,459.47 IN THE AGGREGATE AMOUNT OF
$1,719,323.53, DRAWN ON BANK OF AMERICA;" and 12) Adopt
Resolution No. 23886, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1080007
THROUGH 1080084 IN THE AGGREGATE AMOUNT OF $1,287,669.53,
DRAWN ON BANK OF AMERICA." Approved as pan`, of the Consent
Calendar, noting the business related abstention/absence of
Councilmember Mills on Warrant Nos. 1079451, 1079593, and
1079710 and the business related abstention/absence of
Councilmember Foat on Warrant Nos. 1079817 and 1080070.
2.1). STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR
THE MONTH OF JULY 2015:
ACTION: Receive and file the report of Staff Authorized Agreements and
Purchase Orders for the period of July 1 through July 31, 2015. Approved
as part of the Consent Calendar.
2.E. ADOPT RESOLUTIONS AUTHORIZING THE EXECUTION OF
CERTAIN DOCUMENTS WITH THE CALIFORNIA STATE BOARD OF
EQUALIZATION PURSUANT TO AB 1717 TO ENSURE COLLECTION
OF THE CITY'S UTILITY USERS TAX AND 911 EMERGENCY ACCESS
LINE TAX ON PREPAID WIRELESS SERVICE:
ACTION: 1) Adopt Resolution No. 23887, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH THE STATE BOARD OF EQUALIZATION FOR
IMPLEMENTATION OF THE LOCAL PREPAID MOBILE TELEPHONE
SERVICES COLLECTION ACT;" 2) Adopt Resolution No. 23888, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AUTHORIZING THE EXAMINATION OF
PREPAID MOBILE TELEPHONE SERVICES SURCHARGE AND LOCAL
CHARGE RECORDS;" and 3) Authorize the City Manager and City
Attorney to execute all necessary documents. A6740. Approved as part
of the Consent Calendar.
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2.F. AGREEMENT WITH PALM SPRINGS UNIFIED SCHOOL DISTRICT TO
PROVIDE A FULL TIME POLICE OFFICER AT THE PALM SPRINGS
HIGH SCHOOL CAMPUS:
ACTION: 1) Approve an agreement with the Palm Springs Unified School
District to provide a full time police officer at the high school campus
including the Ramon Academy, for one year expiring at the end of the
school year; and 2) Authorize the City Manager to execute all necessary
documents. A5553. Approved as part of the Consent Calendar.
2.G. ACCEPTANCE OF $151,422 IN GRANT FUNDING FROM THE
CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) FOR A SELECTIVE
TRAFFIC ENFORCEMENT PROGRAM TO BE USED TO ENFORCE,
EDUCATE, AND BRING AWARENESS TO THE PUBLIC:
ACTION: 1) Accept $151,422 in grant funding from the California Office of
Traffic Safety for a Selective Traffic Enforcement Program for 2015-16;
and 2) Authorize the City Manager to execute all necessary documents.
A5734. Approved as part of the Consent Calendar.
2.1-1. APPROVE RENEWAL OF LETTER OF CREDIT FOR THE 2002
CERTIFICATES OF PARTICIPATION ISSUED TO FINANCE THE
DOWNTOWN PARKING STRUCTURE:
ACTION: 1) Approve Amendment No. 1 to Reimbursement Agreement for
the 2002 Certificates of Participation issued for the Downtown Parking
Structure; 2) Approve the Fee Agreement with MUFG Union Bank; and
3) Authorize the City Manager to execute all necessary documents.
A6741. Approved as part of the Consent Calendar.
2.1. AGREEMENT WITH HCI ENVIRONMENTAL AND ENGINEERING FOR
THE COLLECTION, TRANSPORTATION, AND DISPOSAL OF WASTE
MATERIALS:
ACTION: 1) Approve a fixed unit price Agreement with HCI Environmental
and Engineering for the proper collection, transportation, disposal and/or
destruction of waste materials at the Airport, Fleet Operations, and
Facilities Maintenance divisions for an initial term of three (3) years with
two (2) one year options that are subject to a CPI cost increase; and
3) Authorize the City Manager to execute all necessary documents.
A6742. Approved as part of the Consent Calendar.
2.J. TREASURER'S INVESTMENT REPORT AS OF JULY 31, 2015:
ACTION: Receive and File the Treasurer's Investment Report as of
July 31, 2015. Approved as part of the Consent Calendar.
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2.K. ACCEPT THE RESIGNATION OF MICHAEL BIRNBERG FROM THE
SUSTAINABILITY COMMISSION:
ACTION: Accept with regret the resignation of Michael Birnberg; and 2)
Direct the City Clerk to post a notice of vacancy for the unexpired term
ending June 30, 2018. Approved as part of the Consent Calendar.
21. ACCEPT THE DECISION OF SHARON LOCK NOT TO SEEK
REAPPOINTMENT AS THE CITY'S REPRESENTATIVE TO THE
MOSQUITO AND VECTOR CONTROL DISTRICT:
ACTION: 1) Accept with regret the decision of Sharon Lock not to seek
reappointment as the City's representative to the Mosquito and Vector
Control District for a term commencing January 1, 2016; and 2) Direct the
City Clerk to solicit applicants for the two year term which will commence
on January 1, 2016. Approved as part of the Consent Calendar.
2.M. ACCEPTANCE OF THE PALM SPRINGS UNIFIED SCHOOL
DISTRICT'S DESIGNATION OF A NON -VOTING MEMBER OF THE
PARKS AND RECREATION COMMISSION WITH NO TERM ENDING:
ACTION: Receive and file the Palm Springs Unified School District's
selection of Ellen Goodman as a non -voting member of the Parks and
Recreation Commission with no term ending date. Approved as part of
the Consent Calendar.
2.N. APPROVAL OF FINAL TRACT MAP 36738 AND A SUBDIVISION
IMPROVEMENT AGREEMENT WITH PALM RIDGE HOUSING, LLC
LOCATED AT 665 WEST RAMON ROAD:
ACTION: 1) Adopt Resolution No. 23889, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING FINAL TRACT MAP 36738 AND AN ASSOCIATED
SUBDIVISION IMPROVEMENT AGREEMENT WITH PALM RIDGE
HOUSING, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR
PROPERTY LOCATED AT 665 WEST RAMON ROAD, IN SECTION 22,
TOWNSHIP 4 SOUTH, RANGE 4 EAST." A6743. Approved as part of
the Consent Calendar.
2.0. AUTHORIZE A PURCHASE ORDER IN THE AMOUNT OF $127,900
WITH MSA CONSULTING TO PROCEED WITH THE ENGINEERING
DESIGN PHASE OF THE SAN RAFAEL DRIVE WIDENING PROJECT
(CP 15-17):
ACTION: 1 ) Authorize the issuance of a Purchase Order in the amount of
$127,900 with the City's "on -call" civil engineering firm, MSA Consulting,
pursuant to Agreement No. A6445, to initiate the civil engineering design
phase for the San Rafael Drive Widening Project (CP 15-17); and
2) Authorize the City Manager to execute all necessary documents.
A6445. Approved as part of the Consent Calendar.
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2.P. PROPOSED RESOLUTION AUTHORIZING THE CITY OF PALM
SPRINGS TO APPLY FOR CALRECYCLE GRANTS FOR A FIVE YEAR
PERIOD:
ACTION: Adopt Resolution No. 23890, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
SUPPORTING AND AUTHORIZING SUBMITTAL OF APPLICATIONS
FOR ALL CALRECYCLE GRANTS FOR WHICH THE CITY OF PALM
SPRINGS IS ELIGIBLE AND AUTHORIZING THE CITY MANAGER OR
DESIGNEE TO EXECUTE ALL SUCH APPLICATIONS AND
AGREEMENTS." Approved as part of the Consent Calendar.
2.R. ACCEPT THE RESIGNATION OF CLAIRE ZIMMER FROM THE
VILLAGEFEST BOARD:
ACTION: 1) Accept with regret the resignation of Claire Zimmer from the
Villagefest Board; and 2) Direct the City Clerk to post a notice of vacancy
for the unexpired term ending June 30, 2018. Approved as part of the
Consent Calendar.
2.T. ACCEPTANCE OF THE TRICKLING ARM REPLACEMENT PROJECT
AT THE WASTEWATER TREATMENT PLANT (CP 14-12):
ACTION: 1) Accept the public works improvement identified as the
Trickling Filters Arm Replacement Project as completed (CP14-12); and
2) Authorize the City Engineer to execute and file for recordation with the
Riverside County Recorder a Notice of Completion for the Trickling Filters
Arm Replacement Project (CP 14-12). Approved as part of the Consent
Calendar.
2.U. AUTHORIZE APPROVAL OF A NON -BINDING LETTER OF INTEREST
WITH VEOLIA NORTH AMERICA FOR DEVELOPMENT OF A BIOGAS-
TO-ENERGY PROJECT AT THE WASTEWATER TREATMENT PLANT:
ACTION: 1) Authorize approval of a non -binding Letter of Interest with
Veolia North America in the development of a biogas-to-energy project
located at the City's Wastewater Treatment Plant; and 2) Authorize the
City Manager to execute all necessary documents. A4123. Approved as
part of the Consent Calendar.
22. AS THE CITY COUNCIL AND SUCCESSOR AGENCY, APPROVAL OF
AN AGREEMENT REGARDING EXPENDITURE OF EXCESS BOND
PROCEEDS BETWEEN THE PALM SPRINGS SUCCESSOR AGENCY
AND THE CITY OF PALM SPRINGS:
ACTION: 1) Successor Agency. Adopt Resolution No. 23892, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS CAPACITY AS THE
SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY
REDEVELOPMENT AGENCY, APPROVING A BOND EXPENDITURE
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AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE PALM
SPRINGS COMMUNITY REDEVELOPMENT AGENCY AND THE CITY
OF PALM SPRINGS;" and 2) City Council. Adopt Resolution No. 23893,
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING A BOND EXPENDITURE
AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE PALM
SPRINGS COMMUNITY REDEVELOPMENT AGENCY AND THE CITY
OF PALM SPRINGS." A6747. Approved as part of the Consent
Calendar.
2.AA. AS THE SUCCESSOR AGENCY, APPROVAL AND TRANSMITTAL OF
RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (ROPS 15-16B)
FOR THE PERIOD OF JANUARY 1, 2016, THROUGH JUNE 30, 2016,
PURSUANT TO SECTION 34169(G)(1) OF CALIFORNIA HEALTH AND
SAFETY CODE:
ACTION: Adopt Resolution No. 23894, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING
SOLELY IN ITS CAPACITY AS SUCCESSOR AGENCY TO THE PALM
SPRINGS COMMUNITY REDEVELOPMENT AGENCY APPROVING
THE RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE
(ROPS 15-16B) FOR THE PERIOD OF JANUARY 1, 2016, THROUGH
JUNE 30, 2016, PURSUANT TO SECTION 34169(g)(1) OF CALIFORNIA
HEALTH AND SAFETY CODE." Approved as part of the Consent
Calendar.
2.66. PROPOSED RESOLUTION APPROVING THE APPLICATION FOR
STATE OF CALIFORNIA DEPARTMENT OF PARKS AND
RECREATION GRANT FUNDING FOR THE TAHQUITZ CREEK
MASTER PLAN:
ACTION: Adopt Resolution No. 23895, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING THE APPLICATION FOR THE STATE DEPARTMENT OF
PARKS AND RECREATION RECREATIONAL TRAILS PROGRAM FOR
THE TAHQUITZ CREEK MASTER PLAN." Approved as part of the
Consent Calendar.
2.CC. REPORT ON THE PLANNING COMMISSION'S RECOMMENDATION
FOR APPROVAL OF A STREET NAME CHANGE APPLICATION FROM
CROSSLEY ROAD AND GOLF CLUB DRIVE TO LAWRENCE
CROSSLEY ROAD BETWEEN EAST RAMON ROAD AND EAST PALM
CANYON DRIVE (CASE 5.1376 SNC):
ACTION: 1) Receive and file the report on the Planning Commission's
recommendation for approval on a street name change of Crossley Road
and Golf Club Drive to Lawrence Crossley Road (from Ramon Road to
East Palm Canyon Drive), (Case No. 5.1376 SNC). Approved as part of
the Consent Calendar.
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2.DD. APPROVE AN INTERIOR REMODEL GRANT AGREEMENT WITH
WILLIAM J. SANDERSON FOR PROPERTY LOCATED AT 650 E.
SUNNY DUNES IN THE AMOUNT OF $25,000:
ACTION: 1) Approve an interior remodel agreement with William J.
Sanderson for property located at 650 E. Sunny Dunes in the amount of
$25,000; and 2) Authorize the City Manager to execute all necessary
documents. A6748. Approved as part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2.Q. APPROVAL OF FACADE IMPROVEMENT GRANT AGREEMENTS WITH
ELENA BULATOVA FINE ART, LLC IN THE AMOUNT OF $4,232 FOR THE
PROPERTY LOCATED AT 232 N. PALM CANYON DRIVE, AND WITH
DANIEL VILLANUEVA, JR. IN THE AMOUNT OF $5,000 FOR THE
PROPERTY LOCATED AT 145 N. GENE AUTRY TRAIL:
Councilmember Mills requested a verification or a condition of approval that the
sign and its lighting have been approved and brought up to current standards.
ACTION: 1) Approve a Facade Grant Agreement with Elena Bulatova Fine Art,
LLC for the property located at 232 North Palm Canyon in the amount of $4,232
conditioning the grant to ensure the sign and lighting meet the current code
requirements; 2) Approve a Facade Grant Agreement with Daniel Villanueva, Jr.
for the property located at 145 N. Gene Autry Trail in the amount of $5,000; and
3) Authorize the City Manager to execute all necessary documents. A6744.
A6745. Motion Councilmember Hutcheson, seconded by Councilmember
Mills and unanimously carried on a roll call vote.
2.S. AMENDMENT NO. 3 TO AGREEMENT NO. A5580 WITH DOKKEN
ENGINEERING FOR ADDITIONAL CONSTRUCTION SUPPORT SERVICES IN
THE AMOUNT OF $120,000 FOR THE BOGERT TRAIL BRIDGE
REHABILITATION PROJECT:
Councilmember Mills commented on the scope of services and questioned
whether the services were included in the original contract.
ACTION: 1) Approve Amendment No. 3 to Agreement No. A5580 with Dokken
Engineering, in the amount of $120,000, for a total contract amount of $838,985
for the Bogert Trail Bridge Rehabilitation Project, Federal Aid Project BHLS 5282
(026) (CP 07-03); an 2) Authorize the City Manager to execute all necessary
documents. A5580. Motion Councilmember Foat, seconded by
Councilmember Mills and unanimously carried on a roll call vote.
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2.V. REJECT ALL BIDS RECEIVED FOR THE PALM CANYON DRIVE
ELECTRICAL SYSTEM REPLACEMENT (CP 14-20), AND PALM CANYON
DRIVE IRRIGATION SYSTEM IMPROVEMENTS (CP 14-21):
Councilmember Mills questioned if the City could receive a significant decrease
in cost with the value engineering.
Councilmember Foat requested Staff address the delay due to having to rebid
and commented on the current conditions of the infrastructure.
ACTION: 1) Reject the bids received on June 25, 2015, from ACS Engineering,
Inc., Golden Valley Construction and Fata Construction & Development for the
Palm Canyon Drive Electrical System Replacement Project (CP 14-20), and
Palm Canyon Drive Irrigation System Improvements Project (CP 14-21); and 2)
Authorize re -bidding the Palm Canyon Drive Electrical System Replacement
Project (CP 14-20), and Palm Canyon Drive Irrigation System Improvements
Project (CP 14-21). Motion Councilmember Mills, seconded by Mayor Pro
Tern Lewin and unanimously carried on a roll call vote.
2.W. AWARD A CONSTRUCTION CONTRACT TO GOLDEN VALLEY
CONSTRUCTION, FOR THE FIRE STATION NO. 2, 911 MEMORIAL
IMPROVEMENTS, IN THE AMOUNT OF $32,826 (CP 15-13):
Mayor Pro Tern Lewin commented on the funds raised to proceed with this
project, and recommended the City fund the project.
Councilmember Mills requested design drawings.
ACTION: 1) Award a construction contract to Golden Valley Construction in the
amount of $32,826 for the Base Bid Schedule only, for the Fire Station No. 2, 911
Memorial Improvements (CP 15-13); 2) Authorize the use and transfer of funds to
the capital improvement project and award Additive Bid No. 1 and the Art
Piece/Sculpture Fabrication in an amount not to exceed $40,000; 3) Subject to
Councilmember Mills reviewing the design of the project; and 4) Authorize the
City Manager to execute all necessary documents. A6746. Motion Mayor Pro
Tern Lewin, seconded by Councilmember Foat and unanimously carried on
a roll call vote.
2.X. PROPOSED RESOLUTION IN SUPPORT OF ASSEMBLY BILL 150 THAT
MAKES BUYING OR RECEIVING A STOLEN FIREARM VALUED AT $950 OR
LESS A FELONY:
Mayor Pro Tern Lewin commented on the positive discussion regarding this bill at
CVAG meetings.
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Page 20
ACTION: Adopt Resolution No. 23891, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN SUPPORT OF
AB150 (MELENDEZ AND GRAY) THAT WOULD MAKE BUYING OR
RECEIVING A STOLEN FIREARM VALUED AT $950 OR LESS A FELONY."
Motion Mayor Pro Tern Lewin, seconded by Councilmember Mills and
unanimously carried on a roll call vote.
2.Y. ACCEPT DRAFT PUBLIC ACCESS PLANNING REPORT FOR THE CHINO
CANYON PRESERVE AND AUTHORIZE THE FRIENDS OF THE PALM
SPRINGS MOUNTAINS TO SUBMIT THE REPORT AND PROPOSED TRAILS
TO HABITAT AGENCIES FOR ENDORSEMENT AND SUPPORT FOR
AMENDMENT OF THE COACHELLA VALLEY MULTI -SPECIES HABITAT
CONSERVATION PLAN:
Councilmember Foat commented on the success of the Friends of the Palm
Springs Mountains, and the history of the proposed development on the Chino
Cone.
Councilmember Mills stated after the property is acquired the City and the Tribe
partner in fundraising for the construction of the trails.
ACTION: Accept the Public Access Planning Report and authorize the Friends of
the Palm Springs Mountains to (1) submit the report to the Coachella Valley
Mountains Conservancy, Wildlife Conservation Board/California Department of
Fish and Wildlife, and the United States Fish and Wildlife Service for
endorsement and support of the Public Access Planning Report as a conceptual
trails plan for the Chino Cone and (2) commence application for amendments to
the Coachella Valley Multi -Species Habitat Conservation Plan Trails Plan to
accommodate trails identified in the Report. Motion Councilmember Foat,
seconded by Mayor Pro Tern Lewin and unanimously carried on a roll call
vote.
3. LEGISLATIVE:
3.A. PROPOSED ORDINANCE PROVIDING FOR AN EXPEDITED,
STREAMLINED PERMITTING PROCESS FOR SMALL RESIDENTIAL
ROOFTOP SOLAR ENERGY SYSTEMS PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 65850.5:
Marcus Fuller, Assistant City Manager/City Engineer, provided
background information as outlined in the Staff Report dated
September 2, 2015.
ACTION: 1) Waive the reading of the ordinance text in its entirety and
read by title only; and 2) Introduce on first reading Ordinance No. 1885,
"AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADDING CHAPTER 8.100 TO TITLE 8 OF THE PALM SPRINGS
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MUNICIPAL CODE TO PROVIDE AN EXPEDITED, STREAMLINED
PERMITTING PROCESS FOR SMALL RESIDENTIAL ROOFTOP
SOLAR ENERGY SYSTEMS." Motion Councilmember Foat, seconded
by Mayor Pro Tern Lewin and unanimously carried on a roll call vote.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
S.A. REPORT ON THE FINAL SELECTION OF SOLAR FIRMS,
AUTHORIZATION TO PROCEED WITH FINAL CONTRACT
NEGOTIATIONS, AND APPROVAL OF AMENDMENT NO. 3 TO
CONSULTING SERVICES AGREEMENT NO. A6401 WITH
NEWCOMB/ANDERSON/MCCORMICK, INC. FOR THE CITYWIDE
SOLAR PROJECT IN THE AMOUNT OF $30,625 (CP 15-03):
Marcus Fuller, Assistant City Manager/City Engineer, provided
background information as outlined in the Staff Report dated
September 2, 2015.
ACTION: 1) Authorize staff to proceed with final contract negotiations with
SunEdison and SolarCity for design -build services for solar photovoltaic
systems at various City facilities; 2) Approve Amendment No. 3 to
Agreement No. A6401, increasing the contract amount by $30,625, for a
total amount not to exceed $176,563, with
Newcomb/Anderson/McCormick, Inc., for contract negotiation and
coordination services; and 3) Authorize the City Manager to execute all
necessary documents. A6401. Motion Councilmember Mills, seconded
by Mayor Pro Tern Lewin and unanimously carried on a roll call vote.
S.B. INITIATE AN AMENDMENT TO THE MUSEUM MARKET PLAZA
SPECIFIC PLAN AND APPROVAL OF A PURCHASE ORDER IN THE
AMOUNT OF $111,410 TO TERRA NOVA PLANNING & RESEARCH,
INC., FOR ENVIRONMENTAL ASSESSMENT (CEQA) SERVICES
(CASE NO. 5.1204):
Flinn Fagg, Director of Planning Services, provided background
information as outlined in the Staff Report dated September 2, 2015.
Councilmember Foat commented on the cost allocation for the fees, and
stated the majority of the fees are for the City's property and event space,
and stated this is not the approval of a third hotel.
Mayor Pougnet commented on the evolution of the project and the
reduction in the size of the Kimpton Hotel.
Mayor Pro Tern Lewin clarified the City is only studying potential impacts
and not approving a third hotel.
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ACTION: 1) Direct staff to initiate a formal amendment to the Museum
Market Plaza Specific Plan; 2) Approve a Purchase Order in the amount of
$111,410 to Terra Nova Planning & Research, Inc., in accordance with
Agreement No. A6559, to provide environmental assessment (CEQA)
services associated with the Downtown Revitalization Plan ("Downtown
Palm Springs"); and 3) Authorize the City Manager to execute all
necessary documents. A6559. Motion Councilmember Mills, seconded
by Councilmember Hutcheson and unanimously carried on a roll call
vote.
5.C. APPROVE CLASS 2 BIKE LANES AND ELIMINATE ALL ON -STREET
PARKING ON EL CIELO ROAD, BETWEEN RAMON ROAD AND
TAHQUITZ CANYON WAY FOR THE BICYCLE CORRIDORS, PHASE 1
(CP 13-32):
Marcus Fuller, Assistant City Manager/City Engineer, provided
background information as outlined in the Staff Report dated
September 2, 2015.
Councilmember Mills requested Staff address green boxes and the
double -hatch stripping.
Councilmember Foat commented on the jury parking for the court building
and the potential for additional jury parking.
Mayor Pro Tern Lewin thanked City Staff for the creative approach.
ACTION: Approve Class 2 bike lanes and eliminate on -street parking on
El Cielo Road, between Ramon Road and Tahquitz Canyon Way for the
Bicycle Corridors, Phase 1 (CP 13-32). Motion Mayor Pro Tern Lewin,
seconded by Councilmember Mills and unanimously carried on a roll
call vote.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Mills requested Staff address the lack of landscaping in the tree wells in
the Springs Project, and the landscape at the Solar Project at Granite before the City
provides final approval on the project.
Mayor Pro Tern Lewin requested Staff address the enforcement of unlicensed medical
cannabis collectives.
Councilmember Foat provided an update on the homelessness committee in the City of
Palm Springs.
ADJOURNMENT: The City Council adjourned at 10:08 P.M. to Wednesday,
September 16, 2015, at 6:00 P.M. Council Chamber, City Hall, preceded by Closed
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Page 23
Session, Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm
Springs.
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS
7T" DAY OF OCTOBER, 2015.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
23
CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
a
MEETING MINUTES
WEDNESDAY, SEPTEMBER 16, 2015
CITY HALL COUNCIL CHAMBER
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:12 p.m.
PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard, led the
Pledge.
INVOCATION: David Sanger, Our Savior's Community Center, led the Invocation.
ROLL CALL:
PRESENT: Councilmember Foat, Councilmember Mills, Mayor Pro Tern Lewin,
and Mayor Pougnet.
ABSENT: Councilmember Hutcheson.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS:
Mayor Pougnet and the City Council proclaimed September 23, 2015, as Fall
Prevention Awareness Day in the City of Palm Springs.
Mayor Pougnet introduced J. Kevin Nalder as the new Fire Chief, and City Clerk
Thompson administered the oath of office.
Mayor Pougnet and Police Chief Franz announced the recent promotions in the Palm
Springs Police Department.
Mayor Pougnet provided an update on the Downtown Kimpton Hotel construction, the
VotePalmSprings.com website, and announced the upcoming Airport Master Plan
public meetings.
Mayor Pougnet and Jeannie Kays, Director of Library Services, provided an update on
the Accessing the Past project and the receipt of additional grant funds.
Councilmember Foat provided an update on animal adoptions at the Palm Springs
Animal Shelter.
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Page 2
REPORT OF CLOSED SESSION:
The meeting was called to order at 4:30 p.m. and the City Council recessed into Closed
Session to discuss items on the posted Closed Session Agenda.
City Attorney Holland stated Mayor Pougnet did not participate in one Item of Initiation
of Litigation, and stated the City Council will recess into Closed Session after the
Regular Meeting. 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 Foat requested Item 2.J. be removed from the Consent Calendar for
separate discussion, and stated she has a property ownership conflict of interest with
respect to Item 1.C., and would not participate in the discussion or the vote.
City Clerk Thompson stated Staff is requesting that Item 5.C. be withdrawn from the
agenda and tabled.
ACTION: Accept the Agenda as amended. Motion Mayor Pro Tern Lewin, seconded
by Councilmember Mills and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern Lewin, and
Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Hutcheson.
1. PUBLIC HEARINGS:
1.A. DEBBIE GORDON APPEALING THE JUNE 24, 2015, DECISION OF
THE PLANNING COMMISSION TO GRANT A VARIANCE
APPLICATION AND APPROVE MAJOR ARCHITECTURAL
APPLICATION BY GANDO PROPERTIES FOR THE CONSTRUCTION
OF AN APPROXIMATE 96,445 SQ. FT. OFFICE SPACE, WAREHOUSE,
AND SELF STORAGE FACILITY ON AN APPROXIMATE 4.5-ACRE
PARCEL AT THE SOUTHEAST CORNER OF GENE AUTRY TRAIL
AND TACHEVAH DRIVE:
Flinn Fagg, Director of Planning Services, provided background
information as outlined in the Staff Report dated September 16, 2015.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
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Page 3
LJ EDGECOMB, Newport Beach, commented on the elimination of the
required set -back adjacent to the Escena project, and the conflict with
property development standards as proposed.
No further speakers coming forward, the public hearing was closed.
Councilmember Mills requested Staff address the required set -back on
Gene Autry and screening, landscaping, lack of trash areas designated on
the plan and buffering.
ACTION: Adopt Resolution No. 23896, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
UPHOLDING THE PLANNING COMMISSION DECISION TO GRANT A
VARIANCE REQUEST FOR REQUIRED REAR AND SIDE YARD
SETBACK REDUCTIONS AND APPROVAL OF A MAJOR
ARCHITECTURAL APPLICATION FOR THE CONSTRUCTION OF AN
APPROXIMATE 96,445 SQ. FT. OFFICE SPACE, WAREHOUSE, AND
SELF STORAGE FACILITY ON AN APPROXIMATE 4.5-ACRE PARCEL
LOCATED AT THE SOUTHEAST CORNER OF GENE AUTRY TRAIL
AND TACHEVAH DRIVE (CASE 3.3830-MAJ AND 6.542-VAR),"
amending the Conditions of Approval to provide additional landscaping,
buffering, screening of the retention area, and addressing location,
screening and operation of trash areas. Motion Mayor Pro Tom Lewin,
seconded by Councilmember Foat and unanimously carried 4-0 on a
roll call vote.
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tom
Lewin, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Hutcheson.
1.13. TWIN PALMS NEIGHBORHOOD ORGANIZATION REQUESTING A
STREET NAME CHANGE OF ARQUILLA ROAD SOUTH OF EAST
PALM CANYON DRIVE AND NORTH OF EAST TWIN PALMS DRIVE
TO WILLIAM KRISEL WAY AND APPROVING A CEQA CATEGORICAL
EXEMPTION (CASE 5.1380 SNC):
Flinn Fagg, Director of Planning Services, provided background
information as outlined in the Staff Report dated September 16, 2015.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
ERIC CHIEL, Chair Twin Palms Neighborhood Organization, provided
background information on William Krisel, and requested the City Council
approve the street name change.
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No further speakers coming forward, the public hearing was closed.
Councilmember Mills requested Staff address the history and background
of the current street name.
ACTION: Adopt Resolution No. 23897, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A REQUEST TO CHANGE THE STREET NAME OF
ARQUILLA ROAD SOUTH OF EAST PALM CANYON DRIVE AND
NORTH OF EAST TWIN PALMS DRIVE TO WILLIAM KRISEL WAY AND
APPROVING A CEQA CATEGORICAL EXEMPTION." Motion
Councilmember Foat, seconded by Councilmember Mills and
unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern
Lewin, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Hutcheson.
Councilmember Foat stated she has a property ownership related conflict of
interest with respect to Item 1.C., would not participate in the discussion or the
vote, and left Council Chamber.
I.C. 750 LOFTS, LLC, FOR THE DEVELOPMENT OF A 39-UNIT HOTEL
WITH ACCESSORY USES ON A 1.13-ACRE PARCEL LOCATED AT
750 NORTH PALM CANYON DRIVE AND ADOPTING A MITIGATED
NEGATIVE DECLARATION UNDER CEQA, ZONE C-1/R-3/PDD
104/RESORT COMBINING ZONE/LAS PALMAS BUSINESS HISTORIC
DISTRICT HD-1 (CASE 5.1350 PDD 374/GPA/CUP/3.3795 MAJ):
Flinn Fagg, Director of Planning Services, provided background
information as outlined in the Staff Report dated September 16, 2015.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
JIM CIOFFI, Representing Applicant, outlined the features of the
development, and introduced the development team who provided in
detail the proposed development, and requested relief from Planning
Conditions Nos. 20 and 26.
DOUG JONES, spoke in support of the project, commented on the
beautiful design and construction.
CLAIRE BEST HAWLEY, requested the City Council consider the long
term ramifications on the spot zoning of allowing a high-rise hotel on the
site.
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JORDAN HAWLEY, commented on the positive aspects of Palm Springs
and stated the project is not consistent with the City as a premier
destination.
PATRICK HARBINSON, appreciated the effort the Developer has done to
address the concerns of the community, but spoke in opposition to the
project.
ROBERT FEY, stated the property is functionally obsolete, stated the
project will attract tourists worldwide.
FRANK TYSEN, stated they are fighting with the City and Developers
working together and trying to accommodate the Developer, spoke in
opposition to the project, and strongly against the zoning modification to
the Central Business District.
SERGIO ESPERICUETA, Cathedral City, read comments by the Planning
Commission, commented on the lack of parking, the height of the building,
and spoke in opposition to the project.
JIM STUART, stated the project will be good for business in the
Community, and commented on the variety of the types of buildings in the
business district.
NIKOHL VANDEL, Palm Springs, commented on the Environmental
Impact Report.
EMILY HEMPHILL, Applicant Rebuttal, commented on the use of variance
and the use of Planned Development District as allowed in the Zoning
Code, commented on the parking in the area, the use of a mitigated
negative declaration rather than an EIR, and the length of time of review
by City officials and commissions.
No further speakers coming forward, the public hearing was closed.
Councilmember Mills commented on the use of a PD, stated the zoning
changed only for this project, noted this is a preliminary PD that will be
further reviewed, stated he was in support of including Condition No.
PLN 20 and requested the City Council consider the replacing "may" with
"shall" and PLN 26, commented on Condition No. PLN 8 and the lack of
detail on the plans, Condition No. PLN 21 should be revised to submit a
study on how trash will be accommodated in the project, commented on
Condition No. 28 and the requirement for shading devices and requested
a shading study shall be submitted with the final PD, noted that Condition
No. ENG 22 was duplicative with Condition No. ENG 28, and requested
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Page 6
the City Council consider including another condition that prohibits the
conversion of units to condominiums.
Mayor Pro Tem Lewin complimented the Architect and the Developer,
stated it is a creative and wonderful project, and the project was amended
as comments were received by the community.
ACTION: 1) Adopt Resolution No. 23898, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
A MITIGATED NEGATIVE DECLARATION FOR A PROPOSED
GENERAL PLAN AMENDMENT, PRELIMINARY PLANNED
DEVELOPMENT IN LIEU OF A CHANGE OF ZONE, A CONDITIONAL
USE PERMIT, AND A MAJOR ARCHITECTURAL APPLICATION FOR A
39-ROOM HOTEL WITH ACCESSORY SPA, RESTAURANT AND
COCKTAIL LOUNGE/BAR USES ON A 1.13-ACRE PARCEL LOCATED
AT 750 NORTH PALM CANYON DRIVE (CASE 5.1350 PDD
374/GPA/CUP/3.3795 MAJ);" 2) Adopt Resolution No. 23899, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING A MAJOR ARCHITECTURAL
APPLICATION FOR A 39-ROOM HOTEL, A CONDITIONAL USE
PERMIT FOR A HIGH-RISE BUILDING, AND A CONDITIONAL USE
PERMIT FOR ACCESSORY SPA, COCKTAIL LOUNGE/BAR USES,
AND HOTEL UNITS WHERE MORE THAN 10% OF THE UNITS HAVE
KITCHEN FACILITIES ON A 1.13-ACRE PARCEL LOCATED AT 750
NORTH PALM CANYON DRIVE (CASE 5.1350 PDD
374/GPA/CUP/3.3795 MAJ);" 3) Adopt Resolution No. 23900, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING AN AMENDMENT TO THE 2007
PALM SPRINGS GENERAL PLAN ADOPTED BY RESOLUTION NO.
22077, MODIFYING THE LAND USE DESIGNATION FROM "NCC"
(NEIGHBORHOOD COMMUNITY COMMERCIAL) TO "CBD" (CENTRAL
BUSINESS DISTRICT) FOR A 39-ROOM HOTEL DEVELOPMENT WITH
ACCESSORY USES ON A 1.13 ACRE PARCEL LOCATED AT 750
NORTH PALM CANYON DRIVE;" and 4) Waive the reading of the
ordinance text in its entirety and introduce Ordinance No. 1886, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PRELIMINARY PLANNED DEVELOPMENT DISTRICT 374
IN LIEU OF A CHANGE OF ZONE FOR A 39-ROOM HOTEL
DEVELOPMENT WITH ACCESSORY USES ON A 1.13-ACRE PARCEL
LOCATED AT 750 NORTH PALM CANYON DRIVE (CASE 5.1350 PDD
374/GPA/CUP/3.3795 MAJ)" amending the Conditions of Approval as
follows: (i) retain Condition No. PLN 20 to delete the outdoor drapes,
(ii) require the submission of Plans to screen the mechanical equipment
and approved at the time of final, (iii) Condition No. 21 to provide a detail
study on how the trash will function to be approved at the time of final,
(iv) Condition No. PLN 28 to provide a study for shading to be approved at
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September 16, 2015
Page 7
the time of final and prohibit reflective glazing, (v) add a condition that
prohibits the conversion for condo purposes, and (vi) eliminate Condition
No. PLN 26. Motion Councilmember Mills, seconded by Mayor Pro
Tem Lewin and unanimously carried 3-0 on a roll call vote.
AYES: Councilmember Mills, Mayor Pro Tern Lewin, and
Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Foat and Councilmember Hutcheson.
Councilmember Foat returned to the dais.
Councilmember Mills stated to avoid the appearance of a business related
conflict of interest, he would not participate in the discussion or vote on Item 1.D.,
and left Council Chamber.
1.1). AMENDMENT TO THE DESERT PALISADES SPECIFIC PLAN TO
ALLOW RESIDENT ACCESS TO TRAM WAY AND TO DESIGNATE A
5-ACRE PARCEL TO THE PLAN AREA AS PERMANENT OPEN
SPACE (CASE 5.1154-A SP):
Flinn Fagg, Director of Planning Services, provided background
information as outlined in the Staff Report dated September 16, 2015.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
MARVIN ROOS, representing Applicant, provided a status report of the
project, requested the City Council approve the amendment and the use
of Tram Way to remove boulders and to place the boulders on the
remainder parcel to reduce impact and trips to the surrounding
neighborhood.
BRADLEY KAIN, stated the project has been a construction site for the
last year, commented on the other projects and the stress to the
neighborhood due to the projects, and requested the construction trucks
be moved to Tram Way and requested the City Council approve the
access.
SCOTT BRIDGEMAN, stated there is a lack of communication, and
requested the City Council approve the amendment to move construction
trucks to Tram Way.
NANCY STUART, Palm Springs, stated the Winter Park Authority Board
voted 5-0 to deny an access easement onto Tram Way, and commented
on the placement of boulders.
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MIKE McCULLOCH, stated the Tram Board approved emergency access,
and no residential access on Tram Way, and the EIR should be re-
evaluated for the moving of the boulders rather than re -placement, and
requested the City Council deny the request.
EMILY HEMPHILL, Applicant Rebuttal, commented on the letter submitted
by Department of Fish and Wildlife, and noted the reasons for the
addendum, and stated an EIR is not required.
No further speakers coming forward, the public hearing was closed.
Councilmember Foat requested Staff address the zoning on the remainder
parcel, and requested the developer address the moving of the boulders
across Tram Way.
Mayor Pro Tenn Lewin stated he is not in support of the amendment and
the Developer could use Tram Way to remove the boulders, and stated he
is not in support of the acceptance of land due to future liability issues.
Mayor Pougnet stated the project is a good project, the goal would be to
eliminate the trucks on Racquet Club, commented on the position and
perspective from the Winter Park Authority Board, stated his support to
eliminate resident access, commented on the lack of a plan for boulder
placement, and stated the neighborhood cannot be subject to 3,500 trips
from trucks moving boulders on Racquet Club.
ACTION: Withdraw the Specific Plan Amendment from further
consideration and eliminate the resident access to Tram Way and the
placement of boulders on the 5-acre parcel; and 2) Direct Staff to forward
the request to the Mt. San Jacinto Winter Park Authority Board to allow the
removal of boulders using the right-of-way on Tram Way. Motion
Councilmember Foat, seconded by Mayor Pro Tern Lewin and
unanimously carried 3-0 on a roll call vote.
AYES: Councilmember Foat, Mayor Pro Tern Lewin, and
Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Hutcheson and Councilmember Mills.
Councilmember Mills return to the dais.
I.E. ZONE TEXT AMENDMENT TO AMEND THE PALM SPRINGS ZONING
CODE (PSZC) CHAPTERS 92 AND 93 TO MODIFY THE SETBACK
REQUIREMENTS AND AESTHETIC STANDARDS FOR NEW
CARPORT STRUCTURES IN THE R-2 (LIMITED MULTIFAMILY
RESIDENTIAL) AND R-3 (MULTIPLE -FAMILY RESIDENTIAL AND
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Page 9
HOTEL) ZONING DISTRICTS AND APPROVAL OF AN ASSOCIATED
NOTICE OF EXEMPTION PURSUANT TO CEQA (CASE 5.1368 ZTA):
ACTION: 1) Table the public hearing with no public testimony at this time;
and 2) Withdraw Case 5.1368 ZTA. Motion Mayor Pro Tem Lewin,
seconded by Councilmember Foat and unanimously carried 4-0 on a
roll call vote.
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern
Lewin, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Hutcheson.
PUBLIC COMMENT:
BOB KURKJIAN, commented on the USO located in the Palm Springs International
Airport.
SAM DUREAS, commented on Item 3.A., and requested the City Council consider the
prohibition on the sale of dogs and cats.
MICHAEL HARRINGTON, commented on recent conflicts of interest and lack of
transparency.
SERGIO ESPERICUETA, Cathedral City, commented on the lack of sidewalks in the
Dream Homes community.
DR. LORI KIRSHNER, commented on Item 3.A., and requested the City Council
consider the prohibition on the sale of dogs and cats.
ALICIA BAILEY, commented on Item 3.A., and requested the City Council consider the
prohibition on the sale of dogs and cats.
BILL RUTTAN, commented on Item 3.A., and requested the City Council consider the
prohibition on the sale of dogs and cats.
STEPHEN BOYD, commented on Item 3.A., and requested the City Council consider
the prohibition on the sale of dogs and cats.
KATIE BURD, commented on Item 3.A., and requested the City Council consider the
prohibition on the sale of dogs and cats.
BRANDON TUCKER, commented on medical cannabis and unpermitted collectives.
GERALD GAMANCHE, commented on medical cannabis and stated his support for the
Desert Water Collective.
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SHELLIE JOHNSON, commented on medical cannabis and stated his support for the
Desert Water Collective.
NICOLE BURKE, commented on medical cannabis and stated his support for the
Desert Water Collective.
IAN ARMSTRONG, commented on medical cannabis and regulations
ISAIAH COATNEY, commented on medical cannabis and regulations
STEVEN COOLEY, Palm Springs, commented on medical cannabis and regulations.
WILLIAM HAND, thanked the City Council and City Staff.
PAULA WALTERS, commented on Item 3.A., and requested the City Council consider
the prohibition on the sale of dogs and cats.
JUDITH BRUNO, commented on Item 3.A., and requested the City Council consider the
prohibition on the sale of dogs and cats.
DR. SHAYDA AH-KAMI, commented on Item 3.A., and requested the City Council
consider the prohibition on the sale of dogs and cats.
NEERAJA LOCKART, commented on Item 3.A., and requested the City Council
consider the prohibition on the sale of dogs and cats.
RON MATLIN, Palm Springs, commented on the Buzz Trolley operating in a residential
neighborhood.
PATRICIA BRESLIN, commented on the Buzz Trolley operating in a residential
neighborhood.
PATTY SHENKER, commented on Item 3.A., and requested the City Council consider
the prohibition on the sale of dogs and cats.
TANYA PETROVNA, commented on Item 3.A., and requested the City Council consider
the prohibition on the sale of dogs and cats.
RICK PANTELE, commented on the attitudes toward the City of Palm Springs and City
Officials.
COUNCILMEMBER COMMENTS:
Mayor Pougnet commented on medical cannabis regulations
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September 16, 2015
Page 11
Councilmember Foat commented on the incorrect reporting of grants by local media,
her filed Form 700, and medical cannabis.
The City Council recessed at 9:54 p.m.
The City Council reconvened at 10:00 p.m.
ACTION: Continue past the 10:00 p.m. tentative adjourned time. Motion Mayor Pro
Tom Lewin, seconded by Councilmember Mills and unanimously carried (4-0)
noting the absence of Councilmember Hutcheson.
CITY MANAGER'S REPORT:
City Manager Ready provided an update on the numerous street repairs throughout the
City.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.1., 2.K.,
and 21. Motion Mayor Pro Tom Lewin, seconded by Councilmember Foat
and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tem Lewin,
and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Hutcheson.
2.A. REPORT ON THE POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the September 16,
2015, City Council Agenda. Approved as part of the Consent Calendar.
2.13. APPOINT A MEMBER TO THE ADMINISTRATIVE APPEALS BOARD
FOR THE TERM ENDING JUNE 30, 2018:
ACTION: Appoint Jerry Howard to the Administrative Appeals Board for
the term ending June 30, 2018. Approved as part of the Consent
Calendar.
2.C. SECOND READING AND ADOPTION OF ORDINANCE NOS. 1880,
1881, 1882, AND 1883, AUTHORIZING THE LEVY OF SPECIAL TAXES
IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN
ANNEXATION TERRITORIES:
ACTION: 1) Waive the reading of the ordinance text in its entirety and
adopt Ordinance No. 1880, "AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL
TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING
CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION
NO. 9, VIBRANTE, TRACT MAP NO. 32736, INTO COMMUNITY
FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES);"
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City Council Minutes
September 16, 2015
Page 12
2) Waive the reading of the ordinance text in its entirety and adopt
Ordinance No. 1881, "AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL
TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING
CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION
NO. 10, CAMERON, TRACT MAP NO. 33575, INTO COMMUNITY
FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES);"
3) Waive the reading of the ordinance text in its entirety and adopt
Ordinance No. 1882, "AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL
TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING
CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION
NO. 11, PALM RIDGE, TRACT MAP NO. 36738, INTO COMMUNITY
FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES);" and
4) Waive the reading of the ordinance text in its entirety and adopt
Ordinance No. 1883, "AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL
TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING
CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION
NO. 12, VIA OLIVERA, TRACT MAP NO. 36737, INTO COMMUNITY
FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES)."
Approved as part of the Consent Calendar.
2.D. SECOND READING AND ADOPTION OF ORDINANCE NO. 1884
AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY
FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION
TERRITORY:
ACTION: Waive the reading of the ordinance text in its entirety and adopt
Ordinance No. 1884, "AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL
TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING
CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION
NO. 2,18 @ TWIN PALMS, TRACT MAP NO. 36651, INTO COMMUNITY
FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES)."
Approved as part of the Consent Calendar.
2.E. TREASURER'S INVESTMENT REPORT AS OF JUNE 30, 2015:
ACTION: Receive and File the Treasurer's Investment Report as of
June 30, 2015. Approved as part of the Consent Calendar.
2.F. PURCHASE ONE (1) X-SERIES ADVANCED LIFE SUPPORT (ACLS)
MONITOR/DEFIBRILLATOR, WARRANTY AND RELATED
EQUIPMENT FROM ZOLL MEDICAL CORPORATION:
ACTION: 1) Purchase one (1) new ZOLL X-Series advanced life support
(ACLS) Manual Monitor/Defibrillator, related equipment and One (1)-year
EMS warranty utilizing Riverside contract discount pricing in the amount of
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September 16, 2015
Page 13
$25,694.41 from ZOLL Medical Corporation; and 2) Authorize the City
Manager to execute all necessary documents. Approved as part of the
Consent Calendar.
2.G. AGREEMENT WITH AON FIRE PROTECTION ENGINEERING
CORPORATION FOR ON -CALL FIRE PROTECTION ENGINEER
DESIGN SERVICES:
ACTION: 1) Approve an agreement with Aon Fire Protection Engineering
Corporation, for on -call fire protection engineer design services for an
initial term of three years, subject to two additional one year extensions
approved at the discretion of the City Manager; and 2) Authorize the City
Manager to execute all necessary documents. A6750. Approved as part
of the Consent Calendar.
2.H. REQUEST BY DEAD OR ALIVE LLC ON BEHALF OF FELIPE
CASTANEDA FOR A RESOLUTION OF PUBLIC CONVENIENCE OR
NECESSITY (PCN) TO SELL BEER AND WINE (TYPE 42 ALCOHOLIC
BEVERAGE CONTROL LICENSE) AT A PROPOSED BEER AND WINE
LOUNGE LOCATED AT 150 EAST PALM CANYON DRIVE
(CASE 5.1381 PCN):
ACTION: Adopt Resolution No. 23901, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC
CONVENIENCE IN ORDER TO SELL BEER AND WINE (TYPE 42
STATE ALCOHOLIC BEVERAGE CONTROL LICENSE) FOR THE
PROPERTY AT 150 EAST PALM CANYON DRIVE, WITHIN CENSUS
TRACT 0448.05 (CASE 5.1381 PCN)." Approved as part of the
Consent Calendar.
2.1. ACCEPT A FISCAL YEAR 2016 ACCESSING THE PAST GRANT
FROM FEDERAL LIBRARY SERVICES AND TECHNOLOGY ACT
(LSTA) FUNDS IN THE AMOUNT OF $54,000 AND AUTHORIZE THE
DIGITIZATION OF THE DESERT SUN NEWSPAPER MICROFILM:
ACTION: 1) Accept the Fiscal Year 2016 Accessing the Past Grant from
the California State Library in the amount of $54,000; 2) Approve the
issuance of a purchase order to University of California -Regents in the
amount of $40,000 for digitization of "The Desert Sun" newspaper
microfilm; and 3) Authorize the City Manager to execute all necessary
documents, including the purchase order. Approved as part of the
Consent Calendar.
2.K. APPROVE A CONTRACT SERVICES AGREEMENT FOR CLAIMS
ADJUSTMENT AND ADMINISTRATIVE SERVICES WITH CARL
WARREN & COMPANY THROUGH JUNE 30, 2018:
ACTION: 1) Approve an agreement with Carl Warren & Company, for
claims adjustment and administrative services through June 30, 2018; and
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City Council Minutes
September 16, 2015
Page 14
2) Authorize the City Manager to execute the Agreement. A5322.
Approved as part of the Consent Calendar.
2.L. AMENDMENT NO. 1 TO THE LEASE AGREEMENT WITH THE AGUA
CALIENTE CULTURAL MUSEUM FOR THE USE OF CITY OWNED
PROPERTY AT 219 SOUTH PALM CANYON DRIVE FOR THE
PURPOSE OF CULTURAL EXHIBITS AND EDUCATION:
ACTION: 1) Approve Amendment No. 1 to Agreement No. A5961 with
Agua Caliente Cultural Museum in the amount of $680 per month, for non-
exclusive use of the City owned property at 219 South Palm Canyon Drive
for the purpose of promoting cultural education, for three (3) years and an
option to extend for two years at the mutual consent of both parties; and
2) Authorize the City Manager to execute all the necessary documents,
subject to review and approval of the City Attorney. A5961. Approved as
part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2.J. AUTHORIZE THE PURCHASE OF A NEW REPLACEMENT VEHICLE FOR
THE POLICE DEPARTMENT IN AN AMOUNT NOT TO EXCEED $70,000:
Councilmember Foat commented on prisoner transport for the Police
Department.
Councilmember Mills stated his support for the vehicle, but requested a CNG
vehicle.
Mayor Pro Tern Lewin stated this is a matter of public safety and is in support of
the purchase.
ACTION: 1) Authorize the purchase of one new jail transport van (conventional
gasoline [non-CNG] vehicle) to replace Unit #209098 (1998 Ford E-350 CNG
Van) in an amount not to exceed $70,000; and 2) Authorize staff to conduct the
appropriate bid processes, or utilize cooperative purchase contracts if available,
in accordance with Procurement procedures; and 3) Authorize the City Manager
to execute all necessary documents, including a Purchase Order for the new van,
in an amount not to exceed $70,000. Motion Councilmember Foat, seconded
by Mayor Pro Tom Lewin and carried 3-1 on a roll call vote.
AYES: Councilmember Foat, Mayor Pro Tern Lewin, and Mayor Pougnet.
NOES: Councilmember Mills.
ABSENT: Councilmember Hutcheson.
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Page 15
3. LEGISLATIVE:
3.A. URGENCY ORDINANCE AND A NON -URGENCY ORDINANCE OF THE
ADDING SECTION 10.24.021 TO THE PALM SPRINGS MUNICIPAL
CODE, PROHIBITING THE RETAIL SALE OF DOGS AND CATS
WITHIN THE CITY OF PALM SPRINGS AND CEQA EXEMPTION:
City Attorney Holland provided background information as outlined in the
Staff Report dated September 16, 2015.
ACTION: 1) Waive the reading of the ordinance text in its entirety and
read by title only and adopt Ordinance No. 1887, "AN URGENCY
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING
SECTION 10.24.021 TO THE PALM SPRINGS MUNICIPAL CODE,
PROHIBITING THE RETAIL SALE OF DOGS AND CATS WITHIN THE
CITY OF PALM SPRINGS, SUBJECT TO CERTAIN EXCEPTIONS;" and
2) Introduce on first reading Ordinance No. 1888, "AN ORDINANCE OF
THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION
10.24.021 TO THE PALM SPRINGS MUNICIPAL CODE, PROHIBITING
THE RETAIL SALE OF DOGS AND CATS WITHIN THE CITY OF PALM
SPRINGS, SUBJECT TO CERTAIN EXCEPTIONS." Motion
Councilmember Foat, seconded by Mayor Pro Tern Lewin and
unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tem
Lewin, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Hutcheson.
4. UNFINISHED BUSINESS:
4.A. DEFERRAL OF ANNUAL TURF OVER -SEEDING AND
CONSIDERATION OF A DROUGHT RESPONSE PLAN AT CITY
PARKS:
Marcus Fuller, Assistant City Manager/City Engineer, provided
background information as outlined in the Staff Report dated September
16, 2015.
Councilmember Foat commented on parks near major streets, and the
use of areas that were converted to non -turf.
Mayor Pro Tern Lewin commented on the state of trees in the City Parks,
and spoke in support of taking actions to save trees.
Councilmember Mills questioned if the summer grass needs watering
during the winter and recommends the City seek an expert in turf, stated
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City Council Minutes
September 16, 2015
Page 16
his support for the over seeding policy with the exception of the need to
over seed the practice field.
ACTION: 1) Authorize the deferral of rye-grass over -seeding at: Baristo
Park, City Hall/Civic Center Campus, Dog Park, Desert Highland Park,
Ruth Hardy Park, Sunrise Park (with the exception of Palm Springs
Stadium baseball field), and Victoria Park; 2) Authorize rye-grass over -
seeding at: Demuth Park (irrigated with reclaimed water), the Palm
Springs Stadium baseball field at Sunrise Park and practice field, and
Village Green; 3) Approve a $30,000 appropriation from General Fund
balance to commence Phase 1 modifications to existing irrigation systems;
and 4) Authorize the City Council Subcommittee and City Staff to present
alternative plans to DWA to overseed and water the Airport or portions of
the Airport and Frances Stevens Park. Motion Mayor Pro Tern Lewin,
seconded by Councilmember Mills and unanimously carried 4-0 on a
roll call vote.
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern
Lewin, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Hutcheson.
5. NEW BUSINESS:
S.A. APPROVE AN AIR SERVICE INCENTIVE PROGRAM FUNDING
AWARD TO JETBLUE AIRWAYS:
Tom Nolan, Director of Aviation, provided background information as
outlined in the Staff Report dated September 16, 2015.
ACTION: 1) Approve Air Service Incentive funding for JetBlue Airways in
an amount not to exceed $50,000; and 2) Authorize City Manager to
execute all necessary documents, subject to review and approval by the
City Attorney. A6751. Motion Councilmember Foat, seconded by
Councilmember Mills and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern
Lewin, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Hutcheson.
S.B. APPROVE AN AIR SERVICE INCENTIVE PROGRAM FUNDING
AWARD TO WESTJET AIRLINES:
ACTION: 1) Approve Air Service Incentive funding for WestJet Airlines in
an amount not to exceed $60,000; and 2) Authorize City Manager to
execute all necessary documents, subject to review and approval by the
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City Council Minutes
September 16, 2015
Page 17
City Attorney. A6752. Motion Councilmember Foat, seconded by
Councilmember Mills and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern
Lewin, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Hutcheson.
S.C. AS SUCCESSOR AGENCY APPROVING THE SALE OF THE
HISTORIC PLAZA THEATRE TO THE CITY OF PALM SPRINGS IN
THE AMOUNT OF $1.00, AND AS THE CITY COUNCIL APPROVING
THE LEASE OF THE PLAZA THEATRE TO THE PALM SPRINGS
INTERNATIONAL FILM FESTIVAL LOCATED AT 128 SOUTH PALM
CANYON DRIVE:
Withdrawn from the Agenda.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Mills requested City Staff investigate and start proceedings on the
historical status of the Historic Tennis Center on Baristo.
The City Council recessed at 10:51 p.m. to Closed Session.
The City Council reconvened at 11:16 p.m.
REPORT OF CLOSED SESSION:
City Attorney Holland stated the City Council recessed into Closed Session to continue
discussion on Items on the posted Closed Session Agenda, and stated Councilmember
Mills was not present and did not participate in one item of Exposure to Litigation and
the Tort claim of Flavio Semas. City Attorney Holland reported the City Council
provided the City Attorney with direction, otherwise no reportable actions were taken.
ADJOURNMENT: The City Council adjourned at 11:17 p.m. to Wednesday,
October 7, 2015, 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
7T" DAY OF OCTOBER, 2015.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
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