HomeMy WebLinkAbout7/1/2015 - STAFF REPORTS - 2.B. Fi _
CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
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MEETING MINUTES
WEDNESDAY, JUNE 3, 2015
CITY HALL COUNCIL CHAMBER
CALL TO ORDER: Mayor Pro Tern Lewin called the meeting to order at 6:15 p.m.
PLEDGE OF ALLEGIANCE: Girl Scout Troop 262, led the Pledge.
INVOCATION: Michale Cashe, Inner Faith Spiritual Center, led the Invocation.
ROLL CALL:
PRESENT: Councilmember Foat, Councilmember Hutcheson, Councilmember
Mills, and Mayor Pro Tern Lewin.
ABSENT: Mayor Pougnet.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS: Mayor Pro Tern Lewin provided an update on the Palm Springs
Chamber Awards and the Palm Springs Fire Department 2015 Annual Fish Fry.
Councilmember Foat provided an update on animal adoptions at the Palm Springs
Animal Shelter.
REPORT OF CLOSED SESSION: The meeting was called to order at 4:30 p.m. and
City Attorney Holland requested the City Council add one item to the Closed Agenda,
pursuant to Cal. Gov. Code. Section 54956.9(b) one case of Exposure to Litigation, and
stated the City received a threat of litigation after the posting of the Agenda.
ACTION: 1) Find the item came to the attention of the City after the posting of the
Agenda and there is an immediate need to hear and/or take action on the Item; and 2)
Add to the Closed Session Agenda one case of Exposure to Litigation, pursuant to Cal.
Gov. Code Section 54956.9(b). Motion Councilmember Mills, seconded by
Councilmember Hutcheson and unanimously carried (4-0) noting the absence of
Mayor Pougnet.
The City Council recessed into Closed Session to discuss items on the Closed Session
Agenda.
City Attorney Holland stated the City Council did not discuss the property matter related
to 128 South Palm Canyon. City Attorney Holland reported the City Council authoriz_e(�d,
ITEM NO.
City Council Minutes
June 3, 2015
Page 2
the payment of $7,800 to Villas De Las Flores for the Tort Claim, City Claim No. 12-
0348, provided direction to City Staff and the City Attorney otherwise no reportable
actions were taken.
ACCEPTANCE OF THE AGENDA:
Councilmember Foat requested Item 2.K. be removed from the Consent Calendar for
separate discussion.
City Clerk Thompson stated City Staff has requested Items 2.0. and 5.A. be withdrawn
from the Agenda.
ACTION: Accept the Agenda as amended. Motion Councilmember Hutcheson,
seconded by Councilmember Mills and unanimously carried 4-0 on a roll call
vote.
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills,
and Mayor Pro Tem Lewin.
NOES: None.
ABSENT: Mayor Pougnet.
1. PUBLIC HEARINGS:
1.A. PUBLIC HEARING ON THE FISCAL YEAR 2015-16 BUDGET,
ALLOCATED POSITIONS AND COMPENSATION PLAN, SUCCESSOR
AGENCY ADMINISTRATIVE BUDGET, HOUSING SUCCESSOR
AGENCY BUDGET, APPROPRIATIONS LIMIT, AND PRESENTATION
OF THE USER FEE STUDY / COST ALLOCATION PLAN, AND
COMPREHENSIVE FEE SCHEDULE:
Geoffrey Kiehl, Director of Finance, provided background information as
outlined in the Staff Report dated June 3, 2015.
Mayor Pro Tem Lewin opened the public hearing, and the following
speakers addressed the City Council.
DEBORAH McGARREY, commented on the proposed fees for
encroachments for Southern California Gas Company.
DINO ZONIC and JEFFREY GILSON, requested grant funding for the
proposed Palm Springs Orchestra.
Councilmember Foat requested Staff address the recommended positions
to be added to the Allocated Positions and Compensation Schedule, the
Appropriation Summary by Fund Type, stated the Planning Department is
understaffed for current work load and recommended the addition of a
Principal Planner.
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June 3, 2015
Page 3
Mayor Pro Tern Lewin requested the City Manager follow-up with the Gas
Company, submit fund balance information to the City Council, and
provide additional detail on potential positions that could be added
including a Principle Planner.
Councilmember Foat requested the City Council consider additional
funding for the Palm Springs Animal Shelter.
Councilmember Mills commented on the proposed fees and requested
City Staff explain the basis of the increased fees.
ACTION: 1) Continue the Public Hearing and the adoption of the Budget
and the Allocated Positions and Compensation Plan to the June 17, 2015,
City Council Meeting; 2) Direct the City Clerk to post a Notice of Continued
Public Hearing; and 3) Receive the User Fee Study and Cost Allocation
Plan, the draft Comprehensive Fee Schedule, and conduct a Public
Hearing at the June 17, 2015, City Council meeting. Motion
Councilmember Mills, seconded by Councilmember Hutcheson and
unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Hutcheson,
Councilmember Mills, and Mayor Pro Tern Lewin.
NOES: None.
ABSENT: Mayor Pougnet.
PUBLIC COMMENT:
ALLEN WORTHY, commented on recent claims filed with the City and the Palm Springs
Police Department.
CRAIG SCOTT, Palm Springs, commented on Item 3.A. regarding Medical Cannabis
cultivation, and requested the City Council consider allowing cultivation outdoors.
KAY BUTLER, Palm Springs, commented on tennis programs for youth and requested
the City Council consider a contribution of $5,000 for equipment.
ROBERT FINDLEY, Palm Springs, questioned what the City is doing for public safety
and beautification of South Palm Springs, requested the City Council demolish the
Magruder Chevrolet building.
JONATHAN FREEMAN, Palm Springs, requested the City Council demolish the
Magruder Chevrolet building.
PAUL MERRITT, commented on a recent incident with the Palm Springs Police
Department.
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June 3, 2015
Page 4
NIKOHL VANDEL, Palm Springs, commented on development, homeless, and tax
breaks.
RICK PANTELE, commented on Item 3.B. regarding Medical Cannabis, and requested
the closure of illegal collectives and mobile collectives.
ROBERT VAN ROO, commented on Item 3.B. regarding Medical Cannabis, stated
Palm Springs Safe Access is now open for business, commented on the services,
requested the City Council consider the economic benefits as a result of additional
collectives.
DIANE BLASDEL, commented on Item 3.A., regarding medical cannabis, stated they
are opposed to the number of permits, and stated support for cultivation.
JIM CAMPER, commented on Item 3.A., regarding medical cannabis, stated the new
opportunities for locations are unfair to the existing permitted collectives, requested the
City Council not approve two new permits.
TOM EVANSON, requested the City Council demolish the Magruder Chevrolet building.
JOY BROWN MEREDITH, requested the City Council consider funding public
restrooms in the Downtown area, and provided an update on the activities of
MainStreet.
WESLEY ROSS, commented on Item 5.A., and stated it is unfair for the City to bear the
full cost to benefit the property owners.
ANDREW MILKS, commented on Item 3.A., regarding medical cannabis, requested
Brown Dog Farms be considered for a new permit.
STEVE ROSENBERG, commented on Item 5.C. and the demolition of the former
Magruder Chevrolet site.
COUNCILMEMBER COMMENTS:
Councilmember Foat commented on the recent CVAG meeting regarding CVLink, and
requested the City Council consider forming a City Council Subcommittee regarding
CVLink.
Councilmember Mills requested a map be included with formation of assessment
districts.
CITY MANAGER'S REPORT: None.
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June 3, 2015
Page 5
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.L.,
2.M., 2.N., 2.P., and 2.Q. Motion Councilmember Hutcheson, seconded by
Councilmember Foat and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember
Mills, and Mayor Pro Tern Lewin.
NOES: None.
ABSENT: Mayor Pougnet.
2.A. REPORT ON THE POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the June 3, 2015, City
Council Agenda. Approved as part of the Consent Calendar.
2.13. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of May 20, 2015. Approved
as part of the Consent Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 23826, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 04-25-2015 BY WARRANTS NUMBERED 419107 THROUGH
419123 TOTALING $29,775.04 LIABILITY CHECKS NUMBERED
1078241 THROUGH 1078261 TOTALING $106,969.54, FIVE WIRE
TRANSFERS FOR $55,729.56, AND THREE ELECTRONIC ACH
DEBITS OF $1,282,040.19 IN THE AGGREGATE AMOUNT OF
$1,474,514.33, DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution
No. 23827, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS
AND DEMANDS BY WARRANTS NUMBERED 1078262 THROUGH
1078389 IN THE AGGREGATE AMOUNT OF $1,280,220.12, DRAWN
ON BANK OF AMERICA;" and 3) Adopt Resolution No. 23828, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND
DEMANDS BY WARRANTS NUMBERED 1078390 THROUGH 1078578
IN THE AGGREGATE AMOUNT OF $2,560,927.96, DRAWN ON BANK
OF AMERICA." Approved as part of the Consent Calendar.
2.1). STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR
THE MONTH OF APRIL 2015:
ACTION: Receive and file the report of Staff Authorized Agreements and
Purchase Orders for the period of April 1 through April 30, 2015.
Approved as part of the Consent Calendar.
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2.E. ACCEPT THE RESIGNATION OF KEVIN TOWNER FROM THE
MEASURE J COMMISSION:
ACTION: 1) Accept the resignation of Kevin Towner from the Measure J
Commission; and 2) Direct the City Clerk to post a notice of vacancy for
the unexpired term ending June 30, 2015. Approved as part of the
Consent Calendar.
2.F. PROPOSED RESOLUTIONS CALLING THE NOVEMBER 3, 2015,
GENERAL MUNICIPAL ELECTION, ORDERING SERVICES, AND
ADOPTING REGULATIONS FOR CANDIDATE STATEMENTS:
ACTION: 1) Adopt Resolution No. 23829, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING
AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 3, 2015, FOR THE ELECTION
OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE
LAWS OF THE STATE OF CALIFORNIA AND CITY CHARTER;" 2) Adopt
Resolution No. 23830, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, REQUESTING THE
BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO
RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE
CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 3, 2015;" and 3) Adopt Resolution No. 23831, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES STATEMENTS/PROFILES FOR ELECTIVE OFFICE
PERTAINING TO CANDIDATE STATEMENTS/PROFILES SUBMITTED
TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 3, 2015." Approved as part of the Consent
Calendar.
2.G. CITY TREASURER'S INVESTMENT REPORT AS OF APRIL 30, 2015:
ACTION: Receive and File the City Treasurer's Investment Report as of
April 30, 2015. Approved as part of the Consent Calendar.
2.H. DONATION OF TWO (2) HURST JL-150 CUTTERS, ONE (1) X-
TRACTOR CUTTER, ONE (1) MAVERICK COMBI, AND TWO (2)
HYDRAULIC POWER UNITS TO THE COLLEGE OF THE DESERT
REGIONAL PUBLIC SAFETY FIRE ACADEMY:
ACTION: 1) Waive the Public Auction requirement in Section 7.07.020 (3)
of the Palm Springs Municipal Code for Disposition of Surplus Property
and authorize the donation of two (2) JL-150 cutters, one (1) X-tractor
cutter, one (1) Maverick Combi, and two (2) power units to the Public
Safety Academy at College of the Desert; and 2) Authorize the City
Manager to execute all necessary documents. Approved as part of the
Consent Calendar.
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2.1. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF INDIAN
WELLS TO THE PALM SPRINGS INTERNATIONAL AIRPORT
COMMISSION FOR THE TERM ENDING JUNE 30, 2017:
ACTION: Appoint Robert Berriman, as the City of Indian Wells
representative, to the Palm Springs International Airport Commission for
the term ending June 30, 2017. Approved as part of the Consent
Calendar.
2.L. ACCEPT FROM THE AGUA CALIENTE BAND OF CAHUILLA INDIANS
A GRANT IN THE AMOUNT OF $25,000 AND AUTHORIZE THE
PURCHASE OF A LASER SCANNING SYSTEM FOR THE PALM
SPRINGS POLICE DEPARTMENT:
ACTION: 1) Accept a grant from the Agua Caliente Band of Cahuilla
Indians in the amount of $25,000; 2) Authorize the purchase of a Focus3D
X130 Laser Scanning System, including applicable sales tax, licensing,
software, training and accessories, utilizing Federal GSA Schedule 66,
#GS24F0044M, cooperative purchase pricing, from FARO Technologies
Inc. in an amount not to exceed $76,913.19; and 3) Authorize the City
Manager to execute all necessary documents. Approved as part of the
Consent Calendar.
2.M. NATHAN AND GINA OTTO ART MURAL APPLICATION FOR AN
EXISTING ART MURAL ON THE COMMERCIAL BUILDING AT 810
NORTH FARRELL DRIVE (CASE 15-001 MUR):
ACTION: Adopt Resolution No. 23832, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING CASE NO. 15-001-MUR FOR AN ART MURAL ON THE
COMMERCIAL BUILDING AT 810 N. FARRELL DRIVE, ZONE M-1-P."
Approved as part of the Consent Calendar.
2.N. AMENDMENT NO. 5 TO AGREEMENT NO. A5862 FOR LOSS
CONTROL AND REGULATORY SERVICES WITH KEENAN &
ASSOCIATES:
ACTION: 1) Approve Amendment No. 5 to consulting services agreement
for Loss Control and Regulatory Services with Keenan & Associates, in
the amount of $65,000; and 2) Authorize the City Manager to execute all
necessary documents. A5862 Approved as part of the Consent
Calendar.
2.P. APPROVE ANNUAL INSURANCE POLICY RENEWALS FOR THE
CITY'S INSURANCE PORTFOLIO FOR FISCAL YEAR 2015-16:
ACTION: Adopt Resolution No. 23833, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING KEENAN & ASSOCIATES AS THE CITY'S BROKER OF
RECORD, TO PURCHASE PROPERTY LIABILITY, EXCESS
EARTHQUAKE/FLOOD LIABILITY (DIFFERENCE IN CONDITION),
EXCESS LIABILITY, EXCESS WORKERS COMPENSATION, AIRPORT
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OWNERS AND OPERATORS LIABILITY, VILLAGEFEST LIABILITY,
MULTI MEDIA LIABILITY, AIRCRAFT HULL LIABILITY, CRIME/FIDELITY
LIABILITY, AND CYBER LIABILITY INSURANCE POLICIES FROM
VARIOUS CARRIERS FOR POLICY YEAR 2015-2016, EFFECTIVE
JULY 1, 2015." Approved as part of the Consent Calendar.
2.Q. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS CITYWIDE
STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS,
FISCAL YEAR 2016-16:
ACTION: 1) Adopt Resolution No. 23834, "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 NOS. 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 2015-16;" and 2) Adopt
Resolution No. 23835, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS
INTENTION TO CONDUCT A PUBLIC HEARING ON JULY 1, 2015,
REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 3,
AND PARKWAY MAINTENANCE DISTRICTS NOS. 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 2015-16." Approved as part
of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2.J. APPROVE RESOLUTIONS OF INTENTION AND PROPOSED BOUNDARY
MAPS TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO.
2005-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 9, ANNEXATION
NO. 10, ANNEXATION NO. 11, AND ANNEXATION NO. 12:
The City Council approved Item 2.J. as part of the Consent Calendar and Staff
requested they rescind that action and table the Item.
ACTION: Rescind the approval of Item 2.J. adopting Resolutions of Intention and
proposed boundary maps to Annex Territory to Community Facilities District.
Motion Mayor Pro Tern Lewin, seconded by Councilmember Mills and
unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember
Mills, and Mayor Pro Tern Lewin.
NOES: None.
ABSENT: Mayor Pougnet.
City Council Minutes
June 3, 2015
Page 9
2.K. APPROVE RESOLUTIONS OF INTENTION AND PROPOSED BOUNDARY
MAPS TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO.
2007-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 1 AND
ANNEXATION NO. 2:
City Clerk Thompson requested the City Council table Item 2.K.
ACTION: Table the item. By unanimous consent of the City Council (4-0),
noting the absence of Mayor Pougnet.
2.0. APPROVE EASEMENT AGREEMENT AND COVENANT WITH VILLAS DE
LAS FLORES ASSOCIATION FOR THE MAINTENANCE OF CITY TREES
ADJACENT TO VILLAS DE LAS FLORES CONDOMINIUM DEVELOPMENT:
Withdrawn from the Agenda at the request of Staff.
The City Council recessed at 7:51 .m.
The City Council reconvened at 7:55 p.m.
3. LEGISLATIVE:
3.A. AN ORDINANCE AMENDING SECTIONS 5.35.110 AND 5.35.120 OF,
AND ADDING SUBSECTION C TO SECTION 5.35.340 OF, THE PALM
SPRINGS MUNICIPAL CODE RELATING TO MEDICAL CANNABIS
CULTIVATION AND INCREASING THE NUMBER OF PERMITTED
MEDICAL CANNABIS COOPERATIVES OR COLLECTIVES FROM
FOUR (4) TO SIX (6):
City Attorney Holland provided background information as outlined in the
Staff Report dated June 3, 2015.
Councilmember Foat requested Staff address if the ordinance applies to
permitted facilities in other cities and home grown medical cannabis.
Councilmember Hutcheson requested City Staff clarify if the City Council
is required to use the existing list, stated his preference is to limit two
permits to the existing applicants, and stated his support for two additional
permits.
Councilmember Mills requested the City Council Subcommittee address
the recommendation for two additional permits, stated he would not
support the ordinance, requested the Subcommittee address outdoor
cultivation, commented on the number of collectives needed to supply the
City of Palm Springs.
Councilmember Foat commented on the public comments regarding the
effects that two additional permits will have on the four permits issued, and
stated her support for limiting consideration to applicants in the last
process.
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Mayor Pro Tern Lewin requested City Staff explain Section 5.35.040(C)(1),
requested Staff affirm cultivation is limited to Palm Springs collectives, and
questioned enforcement.
Councilmember Mills commented on the business licensing process for
medical cannabis.
ACTION: 1) Waive the reading of the ordinance text in its entirety and
introduce Ordinance No. 1879, "AN ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 5.35.110 AND
5.35.120 OF, AND ADDING SUBSECTION C TO SECTION 5.35.340 OF,
THE PALM SPRINGS MUNICIPAL CODE RELATING TO MEDICAL
CANNABIS CULTIVATION AND INCREASING THE NUMBER OF
PERMITTED MEDICAL CANNABIS COOPERATIVES OR
COLLECTIVES FROM FOUR (4) TO SIX (6);" amending the second
sentence of Section 5.35.340(c)(1) to read "Nothing in this Section shall
prohibit two or more permitted MCCCs from operating or maintain such
MCCF, and Section 5.35.340(c)(2) to read "one hundred percent (100%)
of all cannabis or marijuana cultivated at MCCF shall be distributed solely
to one or more MCCFs permitted pursuant to the provisions of this
Chapter,- and 2) Direct Staff regarding the City Council preference to limit
consideration to the applicants in the last process. Motion
Councilmember Foat, seconded by Councilmember Hutcheson and
carried 3-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember Hutcheson, and
Mayor Pro Tem Lewin.
NOES: Councilmember Mills.
ABSENT: Mayor Pougnet.
4. UNFINISHED BUSINESS: None.
S. NEW BUSINESS:
S.A. CITY HALL LANDSCAPE CONVERSION PROJECT (CP 15-04):
Tabled at the request of Staff.
S.B. CITY COUNCIL DIRECTED DISCUSSION FOR REVIEW OF POLICY,
PROCEDURES, REGULATIONS, AND PRACTICES FOR THE
TRANSFER ANDIOR SALE OF CITY AND SUCCESSOR AGENCY
OWNED REAL PROPERTY, AND ESTABLISHED AND APPROVED
ECONOMIC DEVELOPMENT INCENTIVE PROGRAMS:
City Manager Ready provided background information as outlined in a
PowerPoint presentation regarding RDA real property and incentive
programs.
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ACTION: Authorize the City Manager to enter into and execute a
professional services agreement with the law firm of Kane, Ballmer and
Berkman, of Los Angeles, California, to review the Property Disposition
Plan and Redevelopment property transactions. A6715. Motion Mayor
Pro Tem Lewin, seconded by Councilmember Hutcheson and
unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Hutcheson,
Councilmember Mills, and Mayor Pro Tem Lewin.
NOES: None.
ABSENT: Mayor Pougnet.
ACTION: Authorize the City Manager to enter into and execute a
professional services agreement with an appropriate accounting and
auditing firm to audit the Incentive Grant Programs. A6712. Motion
Mayor Pro Tem Lewin, seconded by Councilmember Mills and
unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Hutcheson,
Councilmember Mills, and Mayor Pro Tem Lewin.
NOES: None.
ABSENT: Mayor Pougnet.
S.C. DISCUSSION ON POTENTIAL COSTS AND ALTERNATIVES FOR THE
DEMOLITION OF THE FORMER MAC MAGRUDER CHEVROLET SITE
LOCATED AT 999 SOUTH PALM CANYON DRIVE (ASSESSOR'S
PARCEL NUMBER 513-250-014):
Marcus Fuller, Assistant City Manager/City Engineer, provided
background information as outlined in the Staff Report dated
June 3, 2015.
Mayor Pro Tem Lewin requested Staff address the difficulties with this
property.
Councilmember Hutcheson requested Staff comment on the Security
provided by the City, and the demands of the property owner.
Councilmember Mills requested the City Attorney address any possibility
of the City placing a lien on the property, other legal actions the City could
take, other reports and costs needed for demolition, questioned if the City
could condition any future lessee for the costs.
Councilmember Foat requested Staff address the dust control issues that
may arise if the pad is removed, and questioned if the City has talked
directly to the Tribe.
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Mayor Pro Tern Lewin commented on the differences between the Tribe
and the allottees, stated his support for going out to bid and further dialog
with the Tribe.
Councilmember Mills commented on the stabilization of the distributed soil
when completed, and recommended the allottee will allow the City to
repair any soil stabilization if necessary.
ACTION: Direct Staff to proceed with bidding of the demolition at an
estimated cost of $300,000 with the approval of the City Council pursuant
to Section 7.03.040(2)(a) of the Palm Springs Municipal Code, requiring
the City Council approval and authorization to bid; and 2) Adopt
Resolution No. 23836, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE
BUDGET FOR FISCAL YEAR 2014-15 TO PROVIDE INITIAL FUNDING
FOR THE DEMOLITION OF MAGRUDER CHEVROLET BUILDING (CITY
PROJECT NO. 15-19). Motion Councilmember Foat, seconded by
Mayor Pro Tem Lewin and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Hutcheson,
Councilmember Mills, and Mayor Pro Tern Lewin.
NOES: None.
ABSENT: Mayor Pougnet.
S.D. APPOINTMENT OF VARIOUS COMMISSIONERS AND BOARD
MEMBERS AS PART OF THE 2015 ANNUAL RECRUITMENT
PROCESS:
ACTION: 1) Reappoint Dee Dee Barton to the Human Rights Commission
for the term ending June 30, 2018; 2) Appoint Eduardo Carriazo and
Denise Chappell to the Human Rights Commission for the term ending
June 30, 2018; 3) Appoint Thomas Yanni to the Public Arts Commission
for the term ending June 30, 2018; 4) Reappoint Joseph Jackson and
Michael Birnberg to the Sustainability Commission for the term ending
June 30, 2018; 5) Appoint Nancy Ferguson to the Sustainability
Commission for the term ending June 30, 2018; 6) Appoint David
Freedman to the Sustainability Commission for the term ending
June 30, 2017; 7) Reappoint Claire Zimmer and Michael Ziskind to the
VillageFest Board for the term ending June 30, 2018; 8) Reappoint Glen
Perry to the Administrative Appeals Board for the term ending
June 30, 2018; and 9) Appoint William Johnson to the Board of Appeals
with no term limits. Motion Councilmember Mills, seconded by
Councilmember Hutcheson and unanimously carried 4-0 on a roll call
vote.
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Page 13
AYES: Councilmember Foat, Councilmember Hutcheson,
Councilmember Mills, and Mayor Pro Tern Lewin.
NOES: None.
ABSENT: Mayor Pougnet.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Mills requested Staff address the landscape for the Solar project at
North Indian near the UPRR.
Councilmember Foat requested the landscape architect review the condition of the
landscape at the Palm Springs Animal Shelter.
ADJOURNMENT: The City Council adjourned at 9:58 p.m. to Thursday, June 4, 2015,
at 9:00 a.m. West 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 JULY, 2015.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
13
CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
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SPECIAL MEETING MINUTES
TUESDAY, JUNE 16, 2015
CITY HALL WEST CONFERENCE ROOM
CALL TO ORDER: Mayor Pougnet called the meeting to order at 5:07 p.m.
ROLL CALL:
PRESENT: Councilmember Foat, Councilmember Hutcheson, Councilmember
Mills, Mayor Pro Tern Lewin, and Mayor Pougnet.
ABSENT: None.
ALSO PRESENT: City Clerk Thompson.
PUBLIC COMMENT: None..
INTERVIEW AND APPOINT APPLICANTS TO THE PLANNING COMMISSION AS
PART OF THE 2015 ANNUAL RECRUITMENT:
The City Council interviewed applicants for appointment to the Planning Commission.
ACTION: 1) Reappoint Lyndon Calerdine and Kathleen Weremiuk to the Planning
Commission Commission for the term ending June 30, 2018; and 2) Appoint Douglas
Donenfeld to the Planning Commission for the term ending June 30, 2018. Motion
Councilmember Foat, seconded by Mayor Pro Tom Lewin, and unanimously
carried (5-0).
ADJOURNMENT: The City Council adjourned at 6:50 p.m. to the Regular Meeting on
Wednesday, June 17, 2015, at 6:00 P.M. Council Chamber, 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 JULY, 2015.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
? 4
CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
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MEETING MINUTES
WEDNESDAY, JUNE 17, 2015
CITY HALL COUNCIL CHAMBER
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:11 p.m.
PLEDGE OF ALLEGIANCE: Councilmember Mills led the Pledge.
INVOCATION: Pastor Schezarone Carter, New Bethel Church of God in Christ, 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 provided an update on the Downtown Revitalization Project, the Buzz at
Los Angeles Pride, Cooling Centers in the City of Palm Springs, requested Harold
Matzner provide an update on the Palm Springs International Film Festival, and
requested Josh Morgerman provide an update on the Buzz.
Councilmember Foat provided an update on animal adoptions at the Palm Springs
Animal Shelter.
REPORT OF CLOSED SESSION:
The meeting was called to order at 4:30 p.m., and City Attorney Holland requested the
City Council consider adding one item to the Closed Session Agenda, pursuant to Cal.
Gov. Code Section 54956.9(a) Existing Litigation titled City of Palm Springs as
Successor Agency et al. v Ana Matosantos at al., Case No. 34-2013-80001440,
Sacramento Superior Court, Sacramento Division, and stated he has received
information regarding the case after the posting of the Agenda, and there is an
immediate need to hear and/or take action.
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ACTION: 1) Find the matter came to the attention of the City after the posting of the
agenda and there is an immediate need to hear and/or take action; and 2) Add to the
Closed Session Agenda, pursuant to Cal. Gov. Code Section 54956.9(a) one case of
existing litigation titled City of Palm Springs as Successor Agency et al. v Ana
Matosantos et al., Case No. 34-2013-80001440, Sacramento Superior Court,
Sacramento Division. Motion Councilmember Foat, seconded by Mayor Pro Tern
Lewin and unanimously carried (5-0).
The City Council recessed into Closed Session to discuss items on the Closed Session
Agenda. City Attorney Holland stated the City Council did not discuss the two property
items on the Closed Session Agenda, and reported the City Council provided direction
to Staff and the City Attorney, otherwise no reportable actions were taken.
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson requested the City Council consider adding an Item to the
Consent Calendar as Item 2.S. titled APPROVAL OF TRACT MAP 36723 AND A
SUBDIVISION IMPROVEMENT AGREEMENT WITH ALTA VERDE HOMES, LLC, and
stated the City received information regarding the imposed taxes after the posting of the
agenda and there is an immediate need to hear and/or take action on the item as to not
impose undue delay of the project.
Councilmember Mills stated he has a business related conflict of interest with respect to
the proposed Item being considered, would not participate in the discussion and/or vote,
stated if the Item is added to the Consent Calendar his business related
absence/abstention, and left Council Chamber.
ACTION: 1) Find information regarding the Item was received after the posting of the
agenda and there is an immediate need to hear and/or take action on the Item; and 2)
Add to the Consent Calendar as Item 2.S. one item titled APPROVAL OF TRACT MAP
36723 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH ALTA VERDE
HOMES, LLC. Motion Mayor Pougnet, seconded by Mayor Pro Tern Lewin and
unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Hutcheson, Mayor Pro Tern Lewin,
and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Mills.
Councilmember Mills returned to the dais.
Councilmember Foat requested Items 2.F., 2.H., and 2.Q. be removed from the
Consent Calendar for separate discussion.
Councilmember Hutcheson requested Items 2.H., and 2.0. be removed from the
Consent Calendar for separate discussion.
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Councilmember Mills requested Items 2.M. be removed from the Consent Calendar for
separate vote.
Mayor Pougnet noted his abstention on Item 2.B. for meeting minutes.
ACTION: Accept the Agenda as amended. Motion Councilmember Hutcheson,
seconded by Councilmember Mills and unanimously carried on a roll call vote.
1. PUBLIC HEARINGS:
1.A. PUBLIC HEARING ON THE ADOPTION OF THE FISCAL YEAR
2015-16 BUDGET, ALLOCATED POSITIONS AND COMPENSATION
PLAN, SUCCESSOR AGENCY ADMINISTRATIVE BUDGET, HOUSING
SUCCESSOR AGENCY BUDGET, APPROPRIATIONS LIMIT, AND
COMPREHENSIVE FEE SCHEDULE:
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
MARVIN ROOS, commented on the Comprehensive Fee Schedule and
stated the documents should be designed in a way that is public friendly.
ERICA HARNIK and CLINT LORIMORE commented on the
Comprehensive Fee Schedule and requested the City Council take no
action on fees.
DEBORAH McCARREY, Palm Springs, Southern California Gas Co.,
commented on the Comprehensive Fee Schedule, and requested City
Staff provide information to assist public utilities to pay the correct fee.
FRED BELL, commented on the Comprehensive Fee Schedule, and
stated the materials are not easily comprehensible in the current format.
JOY BROWN MEREDITH, requested additional time for the citizens to
review the budget in future years.
GRETCHEN GUTIERREZ, commented on the Comprehensive Fee
schedule, and requested the City Council not take action on fees.
No further speakers coming forward, the public hearing was closed.
Mayor Pougnet requested City Staff address the timing and process for an
increase in fees, and requested Staff address the amount of time the
public had to review the fees.
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Councilmember Foat commented on the preparation of the budget and the
process, and recommend the City Council postpone action on the fee
schedule.
Councilmember Hutcheson questioned the discretion of the City Council to
set fees.
Councilmember Mills stated his support for the adoption of the fee
schedule until further review by the industry, commented on the
preparation of the Comprehensive Fee Schedule document, and
requested Staff address discounted fees for multiple applications.
Mayor Pro Tem Lewin stated his support to move forward with fees, but
review with the industry, and any amendments that may need addressing
before the fees go into effect.
Mayor Pougnet requested Staff address if the City fees would be
comparable to other Coachella Valley cities.
Councilmember Mills commented on the last time the City raised fees.
Councilmember Foat requested the City Manager provide additional
information on positions, and stated her support for the Planning position.
Councilmember Mills commented on the long range planning position and
stated his support for a consultant, and stated his support for an additional
Code Enforcement Officer.
Councilmember Hutcheson stated his support for long range planning
consultant, the Code Enforcement Officer and the Police Department
Records Clerk, but delay new positions until later in the fiscal year.
Mayor Pro Tem Lewin questioned the increases in Staff as a result of the
fees increases, and stated his support for delaying new positions for 90-
days.
Councilmember Foat requested Staff address the current Planning
Department staffing levels.
The City Council discussed funding of sponsorships and contributions.
Mayor Pougnet stated he has a business related conflict of interest with
respect to funding the Palm Springs International Film Festival, would not
participate in the discussion or the vote, and left Council Chamber.
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ACTION: Fund the Palm Springs International Film Festival in the amount
of $350,000 for Fiscal Year 2015-16. Motion Councilmember Foat,
seconded by Councilmember Hutcheson and unanimously carried
4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Hutcheson,
Councilmember Mills, and Mayor Pro Tern Lewin.
NOES: None.
ABSENT: Mayor Pougnet.
Mayor Pougnet returned to the dais.
Councilmember Foat stated she has a business related conflict of interest
with respect to funding the Mizell Senior Center, would not participate in
the discussion or the vote, and left Council Chamber.
ACTION: Fund the Mizell Senior Center in the amount of $60,000 for
Fiscal Year 2015-16. Motion Mayor Pro Tom Lewin, seconded by
Councilmember Hutcheson and unanimously carried 4-0 on a roll call
vote.
AYES: Councilmember Hutcheson, Councilmember Mills, Mayor
Pro Tern Lewin, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Foat.
Councilmember Foat returned to the dais.
ACTION: 1) Fund the Boys and Girls Club in the amount of $10,000; 2)
Fund Black History Month events in the amount of $16,600; 3) Fund the
4th of July Event in the amount of $30,000; 4) Fund the Festival of Lights
Parade in the amount of $30,000; 5) Fund the Palm Springs High School
Homecoming Parade in the amount of $3,000; 6) Fund the Veteran's Day
Parade in the amount $15,000; and 7) Fund the Mayor's Race and
Wellness Festival in the amount of $50,000. Motion Mayor Pro Tom
Lewin, seconded by Councilmember Hutcheson and unanimously
carried on a roll call vote, noting the abstention of Councilmember
Mills on the Boys and Girls Club funding.
ACTION: Fund the Well in the Desert in the amount of $24,000 for Fiscal
Year 2015-16. Motion Mayor Pro Tom Lewin, seconded by Mayor
Pougnet and unanimously carried on a roll call vote.
The City Council discussed the funding of Bike Weekend, and determined
to continue the discussion of funding until additional information from Staff
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June 17, 2015
Page 6
was received regarding the recent events concerning similar events in
other cities.
ACTION: Fund Modernism Week in the amount of$35,000 for Fiscal Year
2015-16. Motion Mayor Pougnet, seconded by Mayor Pro Tern Lewin
and carried 4-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern
Lewin, and Mayor Pougnet.
NOES: Councilmember Hutcheson.
ACTION: Fund Opera in the Park in the amount of $6,000 for Fiscal Year
2015-16. Motion Councilmember Mills, seconded by Mayor Pro Tem
Lewin and unanimously carried on a roll call vote.
ACTION: Fund the Palm Springs Pride Parade and Festival in the amount
of $50,000 for Fiscal Year 2015-16. Motion Mayor Pougnet, seconded
by Councilmember Foat and carried 3-2 on a roll call vote.
AYES: Councilmember Foat, Councilmember Mills, and
Mayor Pougnet.
NOES: Councilmember Hutcheson and Mayor Pro Tern Lewin.
ACTION: Fund the Tour de Palm Springs in the amount of $25,000 for
Fiscal Year 2015-16. Motion Councilmember Mills, seconded by
Mayor Pougnet and carried 4-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern
Lewin, and Mayor Pougnet.
NOES: Councilmember Hutcheson.
ACTION: 1) Fund the Arthur Lyons Film Noir Festival in the amount of
$5,000; 2) Fund Cinema Diverse in the amount of $5,000; 3) Fund the
American Documentary Film Festival in the amount of $5,000; 4) Fund the
Run for Ike event in the amount of $3,000; 5) Fund Coyote Stageworks in
the amount of $5,000; 6) Fund the LGBT Center Fundraiser Gala in the
amount of $5,000; 7) Fund the Shelter from the Storm Gala in the amount
of $5,000; 8) Fund the AIDS Assistance Under the Stars in the amount of
$5,000; 9) Fund the Desert AIDS Steve Chase Gala in the amount of
$5,000; 10) Fund the Agua Caliente Canyons Event in the amount of
$5,000; and 11) Fund the Well in the Desert Christmas Dinner in the
amount of $3,500. Motion Mayor Pro Tern Lewin, seconded by Mayor
Pougnet and unanimously carried on a roll call vote.
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ACTION: Fund Holiday Decor activities in the amount of $25,000 for
Fiscal Year 2015-16. Motion Councilmember Hutcheson, seconded by
Councilmember Foat and unanimously carried on a roll call vote.
ACTION: Fund the Agua Caliente Band of Cahuilla Indians, Richard
Milanovich Hike for Human Rights Event, in the amount of $5,000 for
Fiscal Year 2015-16. Motion Mayor Pougnet, seconded by Mayor Pro
Tom Lewin and carried 4-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern
Lewin, and Mayor Pougnet.
NOES: Councilmember Hutcheson.
ACTION: Fund the Santa Paws, Race for Guide Dogs of the Desert Event
(request to waive fees) in the amount of $2,900 for Fiscal Year 2015-16.
Motion Councilmember Mills, seconded by Councilmember Foot and
carried 4-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember Hutcheson,
Councilmember Mills, and Mayor Pougnet.
NOES: Mayor Pro Tern Lewin.
Mayor Pougnet stated he has a business related conflict of interest with
respect to funding the Palm Springs International Film Festival Red Carpet
Run, would not participate in the discussion or the vote and left Council
Chamber.
ACTION: Fund the Palm Springs International Film Festival Red Carpet
Run Event in the amount of $3,500 for Fiscal Year 2015-16. Motion
Councilmember Foat, seconded by Councilmember Mills and carried
3-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember Mills, and Mayor Pro
Tem Lewin.
NOES: Councilmember Hutcheson.
ABSENT: Mayor Pougnet.
Mayor Pougnet returned to the dais.
MOTION: 1) Fund the Friends of the Palm Springs Animal Shelter
Overnight Staffing Program in the amount of $91,000; and 2) Direct Staff
to return with a contract services agreement. Motion Councilmember
Foat, seconded by Mayor Pougnet and failed 2-3 on a roll call vote.
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AYES: Councilmember Foat and Mayor Pougnet.
NOES: Councilmember Hutcheson, Councilmember Mills, and
Mayor Pro Tem Lewin.
ACTION: 1) Adopt Resolution No. 23837, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR
FISCAL YEAR 2015-16," and authorize the City Manager to commence
recruitment of the additional positions; 2) Adopt Resolution No. 23838, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING THE BUDGET FOR FISCAL
YEAR 2015-16 AND SUCH OTHER MATTERS AS REQUIRED;" 3) Adopt
Resolution No. 23839, "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 2015-16, AND
OTHER SUCH MATTERS AS REQUIRED;" 4) Adopt Resolution No.
23840, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING AN APPROPRIATIONS
LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2016;" 5) Continue the
Public Hearing for adoption of the Comprehensive Fee Schedule to the
July 15, 2015, City Council meeting and direct the City Clerk to post a
Notice of Continued Public Hearing as required by law; and 6) 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 2015-16. Motion Councilmember Foat,
seconded by Mayor Pro Tern Lewin and unanimously carried on a
roll call vote.
PUBLIC COMMENT:
MATT ROBINSON, Palm Springs, requested the City Council consider ad sales and A-
Frame signs.
WESLEY ROSS, commented on potential ramifications if the City pays for the
demolition of the Magruder building and services at the Palm Springs Animal Shelter.
TOM ADAMO, Palm Springs, stated the lack of public restrooms in Downtown Palm
Springs, and requested the Event Center include public restrooms.
DR. SHAYDA AHKAMI, commented on services at the Palm Springs Animal Shelter.
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SETH SHTEIR, commented on Item 2.H. and requested the City Council endorse the
California Desert Conservation and Recreation Act.
DON BENWAY, commented on the service provided by Sunline and the Plaza Theatre.
ELIZABETH ARMSTRONG, commented on the proposed Downtown Event Space.
HAROLD MATZNER, commented on the proposed Downtown Event Space.
MATI JATOUSKY, commented on Item 2.H. and requested the City Council endorse the
California Desert Conservation and Recreation Act.
STEVE ROSENBERG, commented on Item 2.0., regarding the tree inventory report,
and commented on the proposed Downtown Event Space.
GARY JOHNS, commented on the proposed Downtown Event Space.
RICK PANTELE, commented on medical cannabis and the issuance of two additional
permits.
GEORGE ZANDER, Palm Springs, commented on the activities of Equality California.
JOY BROWN MEREDITH, commented on the lack of restrooms in the Downtown area,
lack of cooling centers in the City of Palm Springs, and the proposed Downtown Event
Space.
COUNCILMEMBER COMMENTS:
Councilmember Foat commented on no-kill shelters, the issuance of cannabis permits,
and homeless issues.
Mayor Pougnet commented on the Downtown Revitalization project.
CITY MANAGER'S REPORT: None.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.G., 2.1., 2.J., 2.K., 2.L.,
2.N., 2.P., 2.R., and added item 2.S. Motion Councilmember Hutcheson,
seconded by Councilmember Foat and unanimously carried on a roll call
vote.
2.A. REPORT ON THE POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the June 17, 2015,
City Council Agenda. Approved as part of the Consent Calendar.
City Council Minutes
June 17, 2015
Page 10
2.B. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of June 3, 2015, Special
Meeting, and June 4, 2015, Special Meeting. 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. 23841, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 05-09-2015 BY WARRANTS NUMBERED 419124 THROUGH
419139 TOTALING $28,409.90, LIABILITY CHECKS NUMBERED
1078579 THROUGH 1078599 TOTALING $106,274.20, FIVE WIRE
TRANSFERS FOR $55,985.81, AND THREE ELECTRONIC ACH
DEBITS OF $1,122,824.15 IN THE AGGREGATE AMOUNT OF
$1,313,494.06, DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution
No. 23842, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS
AND DEMANDS BY WARRANTS NUMBERED 1078600 THROUGH
1078680 IN THE AGGREGATE AMOUNT OF $1,070,458.32, DRAWN
ON BANK OF AMERICA;" and 3) Adopt Resolution No. 23843, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND
DEMANDS BY WARRANTS NUMBERED 1078681 THROUGH 1078847
IN THE AGGREGATE AMOUNT OF $2,893,837.13, DRAWN ON BANK
OF AMERICA." Approved as part of the Consent Calendar.
2.11). STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR
THE MONTH OF MAY 2015:
ACTION: Receive and file the report of Staff Authorized Agreements and
Purchase Orders for the period of May 1 through May 31, 2015.
Approved as part of the Consent Calendar.
2.E. ACCEPT THE RESIGNATION OF PENNIE FEEHAN FROM THE
BOARD OF APPEALS:
ACTION: 1) Accept with regret the resignation of Pennie Feehan from the
Board of Appeals; and 2) Direct the City Clerk to post a notice of vacancy.
Approved as part of the Consent Calendar.
2.G. APPROVE AN AGREEMENT WITH FIRE RECOVERY USA TO
PROVIDE THIRD PARTY BILLING SERVICES FOR FIRE
DEPARTMENT INSPECTION FEES LISTED IN THE CITY'S
COMPREHENSIVE FEE SCHEDULE:
ACTION: 1) Approve an agreement with Fire Recovery USA for five (5)
years to conduct fire department billing services for specific fire
department fees approved in the July 1, 2015, Master Fee Schedule, on a
per transaction flat rate; and 2) Authorize the City Manager to execute all
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June 17, 2015
Page 11
necessary documents. A6717. Approved as part of the Consent
Calendar.
2.1. REAFFIRM THE CITY'S INVESTMENT POLICY GOVERNING THE
INVESTMENT OF CITY FUNDS:
ACTION: Reaffirm the City's Investment Policy governing the investment
of City funds, as adopted by Resolution No. 23539, dated May 7, 2014.
Approved as part of the Consent Calendar.
2.J. PALM SPRINGS UNIFIED SCHOOL DISTRICT ANNUAL REPORT FOR
THE MEASURE J PALM SPRINGS HIGH SCHOOL
AUDITORIUMITHEATER EQUIPMENT REPLACEMENT PROJECT AND
AUTHORIZE PAYMENT OF FISCAL YEAR 2014-15 PROJECT
FUNDING:
ACTION: 1) Receive and file the PSUSD's Measure J Palm Springs High
School Auditorium/Theater Equipment Replacement Annual Report, dated
June 2015; and 2) Authorize the release of Fiscal Year 2014-15 funding in
the amount of $291,000. A6432. Approved as part of the Consent
Calendar.
2.K. RENEW A FACILITIES USE AGREEMENT WITH THE STATE OF
CALIFORNIA, DEPARTMENT OF CORRECTIONS, TO USE THE PALM
SPRINGS POLICE DEPARTMENT'S FIREARM RANGE:
ACTION: 1) Approve a Facilities Use Agreement with the State of
California, Department of Corrections, to use the Palm Springs Police
Department's Firearm Range, in the amount of $9,960, revenue to the
City, from July 1, 2015, through June 30, 2017, in a form approved by the
City Attorney; and 2) Authorize the City Manager to execute all necessary
documents. A6199. Approved as part of the Consent Calendar.
2.L. ACCEPTANCE OF $64,000 IN GRANT FUNDING FROM THE
CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
(ABC) FOR AN ALCOHOL ENFORCEMENT AND AWARENESS
PROJECT TO BE USED TO ENFORCE, EDUCATE, AND BRING
AWARENESS TO THE PUBLIC:
ACTION: 1) Adopt Resolution No. 23844, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ACCEPTING A GRANT FROM THE CALIFORNIA DEPARTMENT OF
ALCOHOLIC BEVERAGE CONTROL IN THE AMOUNT OF $64,000 FOR
ALCOHOL ENFORCEMENT;" and 2) Authorize the City Manager to
execute all necessary documents. A6126. Approved as part of the
Consent Calendar.
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2.N. AMENDMENT NO. 3 TO AGREEMENT NO. A5960 WITH LANCE, SOLL
& LUNGHARD LLP TO ADD SERVICES FOR GASB 68 FOR THE
FISCAL YEAR 2014-15 AUDIT:
ACTION: 1) Approve Amendment No. 3 to Agreement No. A5960 with
Lance, Soll, and Lunghard, LLP in the amount $12,000 for the Fiscal Year
2014-15 Financial Audit to add additional services required pursuant to
GASB 68, in a form approved by the City Attorney; and 2) Authorize the
City Manager to execute all necessary documents. A5960. Approved as
part of the Consent Calendar.
2.P. AMENDMENT NO. 2 TO AGREEMENT NO. A6557 WITH DESERT
SECURITY SERVICES FOR UNARMED SECURITY SERVICES AT
CITY-OWNED FACILITIES:
ACTION: 1) Approve Amendment No. 2 to Agreement No. A6557 with
Desert Security Services, Inc. for Unarmed Security Services at City-
owned facilities, to expand the ability to increase or decrease security
services based on need insofar as budgeted in the fiscal year budget; and
2) Authorize the City Manager to execute all necessary documents.
A6557. Approved as part of the Consent Calendar.
2.R. APPROVAL OF AN AB 2766/MSRC LOCAL GOVERNMENT MATCH
PROGRAM CONTRACT NO. ML14011, AS AMENDED, IN THE
AMOUNT OF $158,000 WITH SOUTH COAST AIR QUALITY
MANAGEMENT DISTRICT FOR INSTALLATION OF BICYCLE RACKS
AND IMPLEMENTATION OF A BICYCLE OUTREACH AND
EDUCATION PROGRAM:
ACTION: 1) Ratify approval of an AB2766/MSRC Local Government
Match Program Contract No. ML14011 with South Coast Air Quality
Management District, as amended, in the amount of $158,000 ($79,000
AQMD Grant / $79,000 Local Funding) for installation of bicycle racks and
implementation of a bicycle outreach and education program; 2) Ratify
expenditure of local matching funds in the amount of $79,000 from
previously budgeted funds appropriated in the Sustainability Fund (Fund
138); and 3) Authorize the City Manager to execute all necessary
documents. A6718. Approved as part of the Consent Calendar.
2.S. ADDED ITEM APPROVAL OF TRACT MAP 36723 LOCATED AT 1000
BOGERT TRAIL AND A SUBDIVISION IMPROVEMENT AGREEMENT
WITH ALTA VERDE HOMES, LLC:
ACTION: Adopt Resolution No. 23845, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING TRACT MAP 36723 AND AN ASSOCIATED SUBDIVISION
IMPROVEMENT AGREEMENT WITH ALTA VERDE HOMES, LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY, FOR PROPERTY
LOCATED AT 1000 BOGERT TRAIL, SECTION 35, TOWNSHIP 4
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June 17, 2015
Page 13
SOUTH, RANGE 4 EAST." A6719. Approved as part of the Consent
Calendar, noting the absence/abstention of Councilmember Mills.
The City Council recessed at 9:23 p.m.
The City Council reconvened at 9:28 p.m.
EXCLUDED CONSENT CALENDAR:
2.F. PROFESSIONAL SERVICES AGREEMENT WITH ESGIL CORPORATION
FOR "ON CALL" BUILDING PLAN CHECK SERVICES AND APPROVAL OF
AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH RKA CONSULTING, INC. FOR "ON CALL" BUILDING PLAN CHECK
SERVICES:
Withdrawn from the Agenda.
2.1-1. CALIFORNIA DESERT CONSERVATION AND RECREATION ACT 2015 (U.S.
SENATE BILL 414):
Councilmember Foat commented on the importance of the Item and requested a
resolution to endorse the legislation at the next meeting.
ACTION: Direct Staff to place a resolution to endorse on the July 1, 2015,
agenda. By unanimous consent of the City Council. (5-0).
2.M. SECOND READING AND ADOPTION OF ORDINANCE NO. 1879 RELATING
TO MEDICAL CANNABIS CULTIVATION AND INCREASING THE NUMBER
OF PERMITTED MEDICAL CANNABIS COOPERATIVES OR COLLECTIVES
FROM FOUR (4) TO SIX (6):
Mayor Pougnet questioned opening the applications to new establishments.
ACTION: Waive the reading of the ordinance text in its entirety and adopt
Ordinance No. 1879, "AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 5.35.110 AND 5.35.120 OF, AND
ADDING SUBSECTION C TO SECTION 5.35.340 OF, THE PALM SPRINGS
MUNICIPAL CODE RELATING TO MEDICAL CANNABIS CULTIVATION AND
INCREASING THE NUMBER OF PERMITTED MEDICAL CANNABIS
COOPERATIVES OR COLLECTIVES FROM FOUR (4) TO SIX (6)." Motion
Councilmember Foat, seconded by Councilmember Hutcheson and carried
3-2 on a roll call vote.
AYES: Councilmember Foat, Councilmember Hutcheson, and Mayor Pro
Tern Lewin.
NOES: Councilmember Mills and Mayor Pougnet.
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2.0. CITY OF PALM SPRINGS TREE INVENTORY AND URBAN FOREST
MANAGEMENT REPORT:
Councilmember Hutcheson requested an action plan on the report be returned to
the City Council.
Councilmember Mills questioned some of the statements in the report that
discusses immediate threat to the City.
ACTION: Receive and file. Motion Councilmember Hutcheson, seconded by
Mayor Pro Tom Lewin and unanimously carried on a roll call vote.
2.0. APPROVE ACTIONS RELATED TO THE SUBDIVISION IMPROVEMENT
AGREEMENT FOR TRACT MAP NO. 31848-1 (AVALON):
The City Council discussed the processes of calling the bonds and adding a
maintenance requirement.
ACTION: 1) Rescind approval of the First Amendment to a Subdivision
Improvement Agreement for Tract Map 31848-1 ("Avalon"), A5393, between LV
Palm Springs Village, LLC, and the City of Palm Springs, approved
February 18, 2015; 2) Approve a First Amendment to the Subdivision
Improvement Agreement for Tract Map 31848-1 ("Avalon"), A5393, between LV
Palm Springs Village, LLC, and the City of Palm Springs, amending the
agreement to require routine and proper maintenance of the improvements
installed; and 3) Authorize the City Manager to execute all necessary documents.
A5393. Motion Councilmember Foat, seconded by Councilmember Mills
and unanimously carried on a roll call vote.
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
S.A. CITY COUNCIL DISCUSSION REGARDING THE PUBLIC UTILITY
COMMISSION'S PENDING RESIDENTIAL RATE REFORMS
APPLICABLE TO INVESTOR OWNED UTILITIES, INCLUDING
SOUTHERN CALIFORNIA EDISON:
City Manager Ready provided background information.
ACTION: Authorize the submission of a letter to the Public Utility
Commission opposing the proposed residential rate reforms. By
unanimous consent of the City Council (5-0).
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ACTION: Continue past the tentative 10:00 p.m. adjournment time.
Motion Councilmember Mills, seconded by Councilmember Foat and
unanimously carried (5-0).
5.13. APPROVAL OF THE CONCEPTUAL DESIGN FOR THE EVENT
CENTER WITHIN BLOCK E OF THE DOWNTOWN REVITALIZATION
PLAN ("DOWNTOWN PALM SPRINGS"), AND AUTHORIZATION TO
PROCEED WITH DESIGN DEVELOPMENT, PREPARATION OF
CONSTRUCTION DOCUMENTS, BIDDING SERVICES, AND
CONSTRUCTION ADMINISTRATION (CP 15-07):
City Manager Ready and Marcus Fuller, Assistant City Manager, provided
background information as outlined in the Staff Report dated
June 17, 2015.
The City Council Subcommittee provided further information on the
process, the completion schedule, the ad hoc committee, stated public
hearings will be conducted for the design, the need to continue progress
on the site, and recommended the Subcommittee be further defined as
follows: two-members from the AAC, two-members from the Planning
Commission, two-members from the City Council Subcommittee
(Pougnet/Mills), two-members from the Art Museum and one-member
from the Public Arts Commission.
The City Council discussed and/or commented on the following with
respect to the project: substantial agreement this was a good starting
point, that many public hearings will be scheduled throughout the process,
the incorporation of public art, fencing or non-fencing the site, providing
shade at the site, the view corridor to the Museum, progress with obtaining
a Marilyn sculpture, the qualification of the firms selected, approval of the
contract, the terms of the contracts including the phasing provisions, the
make-up of the Subcommittee, and providing routine updates at City
Council meetings.
ACTION: 1) Approve the conceptual design for the Event Center space
located in Block E of the Downtown Revitalization Plan ("Downtown Palm
Springs"); 2) Approve a Professional Services Agreement with the City's
"On-Call" Architect, Urrutia A.I.A. and Associates, Inc., dba Urrutia
Architects, in the amount of $396,575 for architectural design services for
the Downtown Event Center, City Project No. 15-07; 3) Approve a
Professional Services Agreement with the City's "On-Call" Civil Engineer,
MSA Consulting, Inc., in the amount of $170,700 for civil engineering
design services for the Downtown Event Center, City Project No. 15-07;
4) In accordance with Section 7.04.030 of the Palm Springs Municipal
Code, determine that RGA Landscape Architects, Inc., and MRC
Engineering, Inc., due to their experience demonstrated in prior contracts
with the City, are uniquely qualified to provide landscape architectural
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June 17, 2015
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design services and electrical engineering design services for the
Downtown Event Center, City Project No. 15-07; 5) Approve a
Professional Services Agreement with RGA Landscape Architects, Inc., in
the amount of $86,800 for landscape architectural design services for the
Downtown Event Center, City Project No. 15-07; 6) Approve a
Professional Services Agreement with MRC Engineering, Inc., in the
amount of $30,000 for electrical engineering design services for the
Downtown Event Center, City Project No. 15-07; 7) Request an Ad-Hoc
Committee consisting of two-members from the Architectural Advisory
Committee, two-members from the Planning Commission, two-members
from the Palm Springs Art Museum, one-member from the Public Arts
Commission, and the City Council Sub-Committee (Pougnet/Mills) to
participate as an Architectural Review Committee for the Downtown Event
Center, City Project No. 15-07; and 8) Authorize the City Manager to
execute all necessary documents. A6720. A6721. A6722. A6723. Motion
Councilmember Mills, seconded by Mayor Pougnet and carried 4-1
on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Mills, Mayor
Pro Tern Lewin, and Mayor Pougnet.
NOES: Councilmember Foat.
S.C. PROPOSED RESOLUTION ACTING SOLELY IN ITS CAPACITY AS
HOUSING SUCCESSOR AGENCY, APPROVING REPAYMENTS TO
THE GENERAL FUND TOWARD A LOAN MADE BY THE CITY OF
PALM SPRINGS IN THE AMOUNT OF $1,500,000:
City Manager Ready and City Attorney Holland provided background
information as outlined in the Staff Report dated June 17, 2015.
ACTION: Adopt Resolution No. 23846, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING
SOLELY IN ITS CAPACITY AS HOUSING SUCCESSOR AGENCY,
APPROVING REPAYMENTS TOWARD A LOAN MADE BY THE CITY
OF PALM SPRINGS IN THE AMOUNT OF $1,500,000." Motion
Councilmember Hutcheson, seconded by Councilmember Mills and
unanimously carried on a roll call vote.
S.D. APPOINTMENT OF VARIOUS COMMISSIONERS AND BOARD
MEMBERS AS PART OF THE 2015 ANNUAL RECRUITMENT
PROCESS:
ACTION: 1) Reappoint Brian Wachs and Bruce Bushore to the Palm
Springs International Airport Commission for the term ending
June 30, 2018; 2) Appoint Allison Jones and W. Henry Hampton to the
Palm Springs International Airport Commission for the term ending
June 30, 2018; 3) Reappoint Linda Futterer and Ron Willison to the Board
of Library Trustees for the term ending June 30, 2018; 4) Reappoint
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Nancy Stuart and Jerry Ogburn to the Mt. San Jacinto Winter Park
Authority for the term ending September 19, 2019; 5) Appoint Mara
Gladstone to the Public Arts Commission for the term ending
June 30, 2018; 6) Reappoint Dave Darrin, Carol Davis and Jeff Conwell to
the Parks and Recreation Commission for the term ending June 30, 2018;
and 7) Appoint Alison Elsner to the Parks and Recreation Commission for
the term ending June 30, 2017. Motion Mayor Pro Tem Lewin,
seconded by Councilmember Hutcheson and unanimously carried
on a roll call vote.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Lewin commented on the passing of the budget, and thanked all the
Commissioners and Boardmembers for all the volunteer service they provide to the City
Council and the citizens of the City of Palm Springs.
Mayor Pougnet commented on the scheduling of the 2016 Mayor's Race and Wellness
Festival.
ADJOURNMENT: The City Council adjourned at 11:00 p.m. to Wednesday,
July 1, 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
1ST DAY OF JULY, 2015.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
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