HomeMy WebLinkAbout6/3/2015 - STAFF REPORTS - 2.B. CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
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MEETING MINUTES
WEDNESDAY, MAY 20, 2015
CITY HALL COUNCIL CHAMBER
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:10 p.m.
PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard, led the
Pledge.
INVOCATION: Rev. Kevin Johnson, Bloom of the Desert United Church of 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 Louis Vuitton event held in the City of Palm
Springs and the Palm Springs Fire Department 2015 Annual Fish Fry event.
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 Eloy Jacobo v. City of Palm
Springs, Case No. INC 1302171, Riverside Superior Court Case, Indio 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.
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 Eloy Jacobo v. City of Palm Springs, Case No. INC 1302171,
ITEM NO.A
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Page 2
Riverside Superior Court Case, Indio Division. Motion Mayor Pro Tern Lewin,
seconded by Mayor Pougnet and unanimously carried (5-0).
City Attorney Holland stated the City Council did not discuss property items on the
Closed Session Agenda regarding Kibby and Wessman, stated Mayor Pougnet did not
participate in the Item for 128 North Palm Canyon as a potential conflict of interest, and
reported the City Council provided City Staff and the City Attorney direction, otherwise
no reportable actions were taken.
ACCEPTANCE OF THE AGENDA:
Councilmember Foat noted a business related abstention on Item 2.N.
Mayor Pro Tern Lewin requested Item 2.Q. be removed from the Consent Calendar for
separate discussion.
Councilmember Mills noted his abstention on Item 2.B., as he was not present at the
meeting, noted a business related abstention on Item 2.C. Warrant No. 1077854, and
requested Items 2.E., 2.H., 2.K., and 2.N. be removed from the Consent Calendar for
separate discussion.
ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded
by Councilmember Hutcheson and unanimously carried on a roll call vote.
1. PUBLIC HEARINGS:
1.A. PROPOSED RESOLUTION TO PLACE DELINQUENT WASTE
DISPOSAL CHARGES ON THE RIVERSIDE COUNTY TAX ROLLS FOR
COLLECTION:
Marcus Fuller, Assistant City Manager/City Engineer, provided
background information as outlined in the Staff Report dated
May 20, 2015.
Mayor Pougnet opened the public hearing, and no speakers coming
forward the public hearing was closed.
ACTION: Adopt Resolution No. 23810, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DETERMINING CERTAIN WASTE DISPOSAL ACCOUNTS TO BE
DELINQUENT AND DIRECTING THE PLACEMENT OF THESE
ACCOUNTS ON THE COUNTY PROPERTY TAX ROLLS FOR
COLLECTION." Motion Councilmember Mills, seconded by Mayor
Pro Tern Lewin and unanimously carried on a roll call vote.
1.B. PROPOSED RESOLUTIONS CONFIRMING THE REPORT OF
PROCEEDINGS AND ACCOUNTING, APPROVING AND ORDERING
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THE FILING OF NUISANCE ABATEMENT LIENS ON THE RIVERSIDE
COUNTY TAX ROLLS:
Marcus Fuller, Assistant City Manager/City Engineer, provided
background information as outlined in the Staff Report dated
May 20, 2015.
Mayor Pougnet opened the public hearing, and no speakers coming
forward the public hearing was closed.
ACTION: 1) Adopt Resolution No. 23811, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING
FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 1080
EAST SIERRA WAY;" 2) Adopt Resolution No. 23812, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, CONFIRMING THE REPORT OF PROCEEDINGS AND
ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN
LOCATED AT 941 EAST ANZA DRIVE;" 3) Adopt Resolution No. 23813,
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF
PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE
ABATEMENT LIEN LOCATED AT 941 EAST ANZA DRIVE;" 4) Adopt
Resolution No. 23814, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE
REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC
NUISANCE ABATEMENT LIEN LOCATED AT 941 ANZA DRIVE;"
5) Adopt Resolution No. 23815, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING
FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 332
WEST SUNVIEW AVENUE;" 6) Adopt Resolution No. 23816, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF
PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE
ABATEMENT LIEN LOCATED AT 414 SOUTH MONTE VISTA DRIVE;"
and 7) Adopt Resolution No. 23817, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING
FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 414
SOUTH MONTE VISTA DRIVE." Motion Councilmember Foat,
seconded by Councilmember Mills and unanimously carried on a roll
call vote.
I.C. SPECTRUM SERVICES (VERIZON WIRELESS) CONDITIONAL USE
PERMIT TO CONSTRUCT A FIFTY-FIVE FOOT TALL MONOPALM
WITH ASSOCIATED EQUIPMENT SHELTER, CEQA DETERMINATION
OF CATEGORICAL EXEMPTION AS NEW CONSTRUCTION OF
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SMALL STRUCTURES, AND VARIANCE TO EXCEED THE MAXIMUM
ANTENNA HEIGHT PERMITTED, AT A DESERT WATER AGENCY
SITE ON SAN JOAQUIN DRIVE, ZONE M-1-P (CASE NOS. 5.1315
CUP AND 6.531 VAR):
Flinn Fagg, Director of Planning Services, provided background
information as outlined in the Staff Report dated May 20, 2015.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
UNNAMED APPLICANT, requested the City Council approve the project
as recommended by the Planning Commission.
No further speakers coming forward, the public hearing was closed.
Councilmember Mills commented on the DWA requirements for
landscaping, stated the purpose of the landscaping is to blend with the
monopole, and stated if DWA will not allow landscaping it is not a good
site for a cell tower.
Councilmember Foat inquired if a monopole would be more appropriate at
the site.
Mayor Pro Tern Lewin questioned the landscaping requirements on the
specific site by DWA.
ACTION: Adopt Resolution No. 23818, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A CONDITIONAL USE PERMIT CASE 5.1315 CUP TO
CONSTRUCT A FIFTY-FIVE FOOT TALL MONOPOLE, WITH
ASSOCIATED EQUIPMENT SHELTER, AND CASE 6.531 A VARIANCE
TO EXCEED THE MAXIMUM ANTENNA HEIGHT PERMITTED,
LOCATED AT A DESERT WATER AGENCY SITE ON SAN JOAQUIN
DRIVE, ZONE M-1-P SECTION 18;" amending the CUP to require a
monopole. Motion Councilmember Foat, seconded by Mayor Pougnet
and carried 4-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember Hutcheson,
Councilmember Mills, and Mayor Pougnet.
NOES: Mayor Pro Tern Lewin.
PUBLIC COMMENT:
ORLANDO GOTAY, Palm Springs, commented on the current affairs at City Hall and a
recent public records request.
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ALLEN WORTHLEY, commented on his personal issues with the Palm Springs Police
Department.
PAUL TANSEY, commented on the prior Warm Sand events, and recent events at City
Hall regarding conflict of interest.
CURT WATTS, Palm Springs, commented on Item 5.B. regarding street paving, and
requested the collector streets be considered based on their pavement rating system.
CHRISTINE MARTIN, commented on Item 2.E. regarding medical cannabis cultivation
facilities.
BARBARA BEATY, commented on Item 4.A. regarding the purchase and sale of 1479
North Palm Canyon Drive, and recent conflict of interest issues.
SID CRAIG, commented on the recent opening of the pickleball courts at Demuth Park,
and requested the City Council consider funding a Park Ranger program at the City
Parks.
JEFFREY BERNSTEIN, commented on his small businesses in Palm Springs, and
noted the lack of financial support for small businesses.
STEVE ROSENBERG, commented on recent events at City Hall regarding conflict of
interest.
RICK PANTELE, commented on Item 2.E. regarding medical cannabis cultivation and
requested the City Council reconsider the requirement of 1,000 feet from Palm Canyon,
and requested the City Council close the illegal operators.
ROBERT STONE, commented on Item 4.A. regarding the purchase and sale of
1479 North Palm Canyon Drive, and recent conflict of interest issues.
ROBERT MOON, Palm Springs, commented on Item 4.A. regarding the purchase and
sale of 1479 North Palm Canyon Drive, and recent conflict of interest issues.
JOY BROWN MEREDITH, thanked the City Council and City Staff for their service,
commented on Item 2.E. and 4.B. regarding Medical Cannabis Collectives, and
commented on the Bureau of Tourism budget.
TRAVIS ARMSTRONG, requested the City Council refer the Art Mural to the Human
Rights Commission for content.
JUDY DEERTRACK, Palm Springs, read a statement by Robert Stone.
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COUNCILMEMBER COMMENTS:
Mayor Pougnet and Councilmember Foat requested the City Attorney address Cal. G.C.
Section 1090.
Councilmember Foat commented on Cal. Gov. Code Section 1090 conflicts and her
employment with Mizell Senior Center.
Mayor Pougnet commented on his recent activities regarding conflict of interest, the
Downtown project and other development projects.
Mayor Pougnet stated he may have a conflict of interest with Mayor Pro Tern Lewin's
comments and left Council Chamber. Mayor Pro Tern Lewin conducted this portion of
the meeting.
Mayor Pro Tem Lewin commented on recent activities and his comments regarding a
review of the City's economic incentive programs, and requested the City Council hire a
forensic auditor and independent legal counsel to review the City's economic incentive
programs.
Councilmember Foat commented on the recent activities regarding conflict of interest
and explained the process of City Council decisions, and requested a Citizens Blue
Ribbon Committee to review the economic incentive programs, and requested an item
be placed on the next City Council agenda to discuss a process.
Councilmember Hutcheson commented on the recent successful programs, requested
the City Manager place this information on the City's website, and stated his support for
a Citizen's Blue Ribbon Committee.
Councilmember Mills commented on the recent conflict of interest statements, and
stated the City Council follows the rules.
The City Council recessed at 7:51 p.m.
The City Council reconvened at 7:56 p.m., and the Mayor returned to the dais.
CITY MANAGER'S REPORT:
City Manager Ready provided an update on the Magruder building and the Rock
Garden Cafe.
2. CONSENT CALENDAR:
ACTION. Approve Items 2.A., 2.B., 2.C., 2.D., 2.F., 2.G., 2.1., 2.J., 21., 2.M.,
2.0., 2.P., and 2.R. Motion Councilmember Hutcheson, seconded by
Councilmember Mills and unanimously carried on a roll call vote.
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2.A. REPORT ON THE POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the May 20, 2015, City
Council Agenda. Approved as part of the Consent Calendar.
2.13. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of May 6, 2015. Approved as
part of the Consent Calendar, noting the abstentionlabsence of
Councilmember Mills.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 23819, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1077737 THROUGH 1077830 IN THE AGGREGATE
AMOUNT OF $1,141,338.00, DRAWN ON BANK OF AMERICA;" 2) Adopt
Resolution No. 23820, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1077831
THROUGH 1077968 IN THE AGGREGATE AMOUNT OF $1,296,313.22,
DRAWN ON BANK OF AMERICA;" 3) Adopt Resolution No. 23821, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL
WARRANTS FOR THE PERIOD ENDED 04-11-2015 BY WARRANTS
NUMBERED 419088 THROUGH 419106 TOTALING $31,461.76
LIABILITY CHECKS NUMBERED 1077969 THROUGH 1077989
TOTALING $105,997.00, FIVE WIRE TRANSFERS FOR $55,573.31,
AND THREE ELECTRONIC ACH DEBITS OF $1,150,287.03 IN THE
AGGREGATE AMOUNT OF $1,343,319.10, DRAWN ON BANK OF
AMERICA;" 4) Adopt Resolution No. 23822, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1077990 THROUGH 1078107 IN THE AGGREGATE
AMOUNT OF $567,156.80, DRAWN ON BANK OF AMERICA;" and
5) Adopt Resolution No. 23823, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1078108 THROUGH 1078240 IN THE AGGREGATE
AMOUNT OF $2,216,954.39, DRAWN ON BANK OF AMERICA."
Approved as part of the Consent Calendar, noting the business
related abstention of Councilmember Mills on Warrant No. 1077854.
2.13. SECOND READING AND ADOPTION OF ORDINANCE NO. 1875
AMENDING SECTIONS 91.00.10 AND 93.23.14, AND REPEALING
SECTIONS 92.00.01.C.10, 92.01.01.13.3, 92.02.01.C.7, AND 92.03.01.C.1
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OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO
ACCESSORY SECOND DWELLING UNITS:
ACTION: Waive the reading of the ordinance text in its entirety and adopt
Ordinance No. 1875, "AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING SECTIONS 91.00.10 AND
93.23.14, AND REPEALING SECTIONS 92.00.01.C.10, 92.01.01.D.3,
92.02.01.C.7, AND 92.03.01.C.1, OF THE PALM SPRINGS MUNICIPAL
CODE, RELATING TO ACCESSORY SECOND DWELLING UNITS."
Approved as part of the Consent Calendar.
2.F. SECOND READING AND ADOPTION OF ORDINANCE NO. 1877
ADDING CHAPTER 6.15 TO THE PALM SPRINGS MUNICIPAL CODE
AND REPEALING URGENCY ORDINANCE NO. 1864, RELATING TO
MOBILE FOOD VENDING VEHICLES AND CEQA DETERMINATION:
ACTION: Waive reading of the full text in its entirety and adopt Ordinance
No. 1877, "AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING CHAPTER 6.15 TO, AMENDING SUBSECTION
(a) OF SECTION 12.12.055 OF, AND REPEALING SECTIONS 6.08.140
AND 12.28.100 OF, THE PALM SPRINGS MUNICIPAL CODE, AND
REPEALING URGENCY ORDINANCE NO. 1864 RELATING TO MOBILE
FOOD VENDING VEHICLES." Approved as part of the Consent
Calendar.
2.G. SECOND READING AND ADOPTION OF ORDINANCE NO. 1878
AMENDING THE TITLE OF TITLE 9 OF, AND AMENDING SECTIONS
9.61.010, 9.61.020, 9.61.030, AND 9.62.020 OF, THE PALM SPRINGS
MUNICIPAL CODE RELATING TO SUBDIVISIONS OF LAND AND
CONDOMINIUM CONVERSIONS AND CEQA EXEMPTION:
ACTION: Waive reading of the full text in its entirety and adopt Ordinance
No. 1878, "AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE TITLE OF TITLE 9 OF, AND AMENDING
SECTIONS 9.61.010, 9.61.020, 9.61.030, AND 9.62.020 OF, THE PALM
SPRINGS MUNICIPAL CODE RELATING TO SUBDIVISIONS OF LAND
AND CONDOMINIUM CONVERSIONS." Approved as part of the
Consent Calendar.
2.1. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE AND
AUTHORIZATION TO BID FOR THE PALM CANYON DRIVE
ELECTRICAL SYSTEM REPLACEMENT (CITY PROJECT NO. 14-20)
AND THE PALM CANYON DRIVE IRRIGATION SYSTEM
IMPROVEMENTS (CITY PROJECT NO. 14-21):
ACTION: 1) Approve the plans, specifications and estimate for the Palm
Canyon Drive Electrical System Replacement (City Project No. 14-20);
2) Approve the plans specifications and estimate for the Palm Canyon
Drive Irrigation System Improvements (City Project No. 14-21); and 3)
Authorize Staff to advertise and solicit bids. Approved as part of the
Consent Calendar.
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2.J. APPROVE A PURCHASE ORDER INCREASE WITH ASBURY
ENVIRONMENTAL SERVICES IN THE AMOUNT OF $13,281.39 FOR
ADDITIONAL DISPOSAL AND TRANSPORTATION OF HAZARDOUS
WASTE MATERIALS:
ACTION: 1) Authorize a purchase order increase in the amount of
$13,281.39, for a total amount not to exceed $35,421.39, to Asbury
Environmental Services, for the disposal and transportation of hazardous
waste materials; and 2) Authorize the City Manager to execute all
necessary documents. Approved as part of the Consent Calendar.
21. APPROVAL OF A CASH DEPOSIT AGREEMENT RELATED TO
SUBDIVISION IMPROVEMENTS FOR THE MURANO DEVELOPMENT,
TRACT NO. 33933, WITH FAR WEST INDUSTRIES, INC.:
ACTION: 1) Approve a Cash Deposit Agreement with Far West Industries,
related to subdivision improvements for the Murano Development, Tract
No. 33933, in a final form approved by the City Attorney; and 2) Authorize
the City Manager to execute all necessary documents. A6708. Approved
as part of the Consent Calendar.
2.M. ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR THE
CONVENTION CENTER PARKING LOT IMPROVEMENTS (CITY
PROJECT NO. 14 -09):
ACTION: Adopt Resolution No. 23824, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
AND ORDERING THE FILING OF A MITIGATED NEGATIVE
DECLARATION FOR CONVENTION CENTER PARKING LOT
IMPROVEMENTS (CITY PROJECT NO. 14-09)." Approved as part of
the Consent Calendar.
2.0. APPROVAL OF CITY INITIATED ADDITIONAL WORK ASSOCIATED
WITH THE MUNICIPAL COGENERATION FACILITY UNDER CHANGE
ORDER NO. 9 TO THE AGREEMENT WITH OPTERRA ENERGY
SYSTEMS INC., IN THE AMOUNT OF $180,067, FOR THE CITYWIDE
ENERGY PROJECT:
ACTION: 1) Approve Change Order No. 9 to Agreement No. A6375, with
Opterra Energy Systems, Inc., in the amount of $180,067; and
2) Authorize the City Manager to execute all necessary documents.
A6375. Approved as part of the Consent Calendar.
2.P. APPROVE AMENDMENT NO. 3 TO AGREEMENT NO. A5720 WITH
HNTB CORPORATION FOR ENVIRONMENTAL STUDY PHASE OF
THE PALM SPRINGS INTERNATIONAL AIRPORT MASTER PLAN IN
THE AMOUNT OF $29,601:
ACTION: 1) Approve Amendment No. 3 to Agreement No. A5720 with
HNTB Corporation, in the amount of $29,601, for the Environmental
Phase of the Airport Master Plan; and 2) Authorize the City Manager to
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execute all necessary documents. A5720 Approved as part of the
Consent Calendar.
2.R. APPROVE SECURITY SYSTEM DESIGN CONSULTING SERVICES
WITH GUIDEPOST SOLUTIONS INC.:
ACTION: 1) Approve a professional services contract with Guidepost
Solutions Inc., to provide security system design services for various city-
owned facilities in an amount not to exceed $48,305 for Phase 1, in a form
approved by the City Attorney; and 2) Authorize the City Manager to
execute all necessary documents. A6709. Approved as part of the
Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2.E. SECOND READING AND ADOPTION OF ORDINANCE NO. 1876 RELATING
TO THE PERMITTED LOCATIONS AND DEVELOPMENT STANDARDS OF
MEDICAL CANNABIS CULTIVATION FACILITIES AND MEDICAL CANNABIS
COOPERATIVES OR COLLECTIVES AND CEQA CATEGORICAL
EXEMPTION:
ACTION: Waive the reading of the ordinance text in its entirety and adopt
Ordinance No. 1876, "AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING CHAPTERS 91, 92, AND 93 OF, THE PALM
SPRINGS ZONING CODE RELATING TO THE PERMITTED LOCATIONS AND
DEVELOPMENT STANDARDS OF MEDICAL CANNABIS CULTIVATION
FACILITIES AND MEDICAL CANNABIS COOPERATIVES OR COLLECTIVES."
Motion Councilmember Foat, seconded by Mayor Pougnet and carried 4-1
on a roll call vote.
AYES: Councilmember Foat, Councilmember Hutcheson, Mayor Pro Tern
Lewin, and Mayor Pougnet.
NOES: Councilmember Mills.
2.H. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE AND
AUTHORIZATION TO BID FOR THE DEMUTH PARK AND RUTH HARDY
PARK SECURITY PATH LIGHTING IMPROVEMENTS (CITY PROJECT
NO. 14-19):
Councilmember Mills commented on the estimated cost and requested Staff
address bidding alternates as appropriate.
ACTION: 1) Approve the plans, specifications and estimate for the Demuth Park
and Ruth Hardy Park Security Path Lighting Improvements (City Project No. 14-
19); and 2) Authorize Staff to advertise and solicit bids. Motion Councilmember
Mills, seconded by Councilmember Hutcheson and unanimously carried on
a roll call vote.
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2.K. APPROVE COOPERATIVE PURCHASE OF UTILITY TRAC ONLINE
SOFTWARE SYSTEM FOR DEPARTMENT OF MAINTENANCE AND
FACILITIES, FOR A TOTAL AMOUNT NOT TO EXCEED $86,000 INCLUSIVE
OF ANNUAL LICENSE AND MAINTENANCE FOR FIVE YEARS:
Councilmember Mills requested Staff address any potential overlap with the
Chevron agreement.
Mayor Pro Tern Lewin questioned if the software will identify any discrepancy in
utility bills.
Councilmember Hutcheson questioned if the savings will outweigh the cost of the
software.
ACTION: 1) Approve the purchase of the Utility Trac online software system and
licenses from Facility Dude Inc., through the National Joint Powers Alliance
(NJPA) cooperative purchase agreement for a total amount not to exceed
$86,000 inclusive of the initial set-up, training, and license and maintenance fees
for five years; and 2) Authorize the City Manager or designee to execute all
necessary documents. Motion Councilmember Mills, seconded by
Councilmember Foat and unanimously carried on a roll call vote.
Councilmember Foat stated she has a business related conflict of interest with respect
to Item 2.N., would not participate in the discussion or the vote, and left Council
Chamber.
2.N. REJECT ALL BIDS RECEIVED FOR THE MIZELL SENIOR CENTER SHADE
STRUCTURE PROJECT (CITY PROJECT NO. 15-12):
Councilmember Mills stated his support for rejecting of the bids, commented on
the historical cost of the project, commented on the non-responsive bid, the
increase in cost due to State prevailing wage requirements, and requested the
City Council amend recommendation to direct staff to go out to bid at this time.
ACTION: 1) Reject the bids received on April 23, 2015, from D.W. Johnston and
Trio Construction Group, for the Mizell Senior Center Shade Structure Project
[City Project No. 15-12]; 2) Suspend the Mizell Senior Center Shade Structure
Project; and 3) Authorize re-bidding of the Project. Motion Councilmember
Mills, seconded by Mayor Pro Tom Lewin 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.
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2.Q. FUNKEY BAR, INC. FOR AN ART MURAL APPLICATION FOR AN EXISTING
MURAL ON THE COMMERCIAL BUILDING AT 340 N. PALM CANYON
DRIVE, ZONE C-B-D (CASE 15-002 MUR):
Mayor Pro Tern Lewin questioned the requirement for the mural to remain in
place for two-years.
ACTION: Adopt Resolution No. 23825, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
CASE NO. 15-002 MUR FOR AN ART MURAL ON THE COMMERCIAL
BUILDING AT 340 N. PALM CANYON DRIVE, ZONE C-B-D." Motion Mayor
Pro Tem Lewin, seconded by Councilmember Mills and carried 4-1 on a roll
call vote.
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern Lewin,
and Mayor Pougnet.
NOES: Councilmember Hutcheson.
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS:
Mayor Pougnet stated he has a business related conflict of interest with respect
to Item 4.A., would not participate in the discussion or the vote, and left Council
Chamber. Mayor Pro Tern Lewin conducted this portion of the meeting.
Councilmember Hutcheson stated he has a property ownership related conflict of
interest with respect to Item 4.A., would not participate in the discussion or the
vote, and left Council Chamber.
4.A. RESCIND PURCHASE AND SALE AGREEMENT AND ESCROW
INSTRUCTIONS WITH RICHARD MEANEY AND YOKANG ZHOU FOR
A SUCCESSOR AGENCY-OWNED PROPERTY LOCATED AT 1479
NORTH PALM CANYON DRIVE, APN 505-182-004, CASA DEL
CAMINO:
City Attorney Holland provided background information as outlined in the
Staff Report dated May 20, 2015.
Councilmember Mills questioned if the property has gone into escrow.
Councilmember Foat commented on the City's progress dealing with
blighted property.
Councilmember Mills commented on the City's progress dealing with
blighted property.
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ACTION: 1) Rescind City Council approval of the Purchase and Sale
Agreement and Escrow Instructions for the Casa Del Camino property
located at 1479 North Palm Canyon Drive; and 2) Direct the City Manager
to terminate all actions related to the sale of the property. A6632. Motion
Councilmember Foat, seconded by Councilmember Mills and
unanimously carried 3-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Mills, and Mayor Pro
Tern Lewin.
NOES: None.
ABSENT: Councilmember Hutcheson and Mayor Pougnet.
Mayor Pougnet and Councilmember Hutcheson returned to the dais.
4.B. REVIEW CURRENT PROVISIONS OF, AND PROVIDE DIRECTION FOR
THE PREPARATION OF AMENDMENTS TO, THE CITY'S MEDICAL
CANNABIS REGULATORY PROGRAM (CHAPTER 5.35 OF THE PALM
SPRINGS MUNICIPAL CODE):
City Attorney Holland provided background information as outlined in the
Staff Report dated May 20, 2015.
Councilmember Foat suggested the City Council Subcommittee start a
dialog on potential legislation for recreational use, requested a minimum of
one but preferably two licenses be added to the current four.
Mayor Pougnet recommended additional discussion on grow facilities.
Councilmember Hutcheson stated the City should position itself for future
legislation.
Councilmember Mills stated the City Council Subcommittee should look at
all the items on the list, and the City Council Subcommittee should return
with findings on potential ordinance changes.
Mayor Pro Tern Lewin stated his support for six permits, commented on
the progress of closing un-permitted facilities, and stated the cultivation
issues should be reviewed.
Mayor Pro Tem Lewin commented on the licensing of other products.
ACTION: Direct Staff to meet with the City Council Subcommittee to
develop a draft ordinance with alternatives. Motion Councilmember
Mills, seconded by Councilmember Hutcheson and unanimously
carried on a roll call vote.
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May 20, 2015
Page 14
5. NEW BUSINESS:
S.A. NATHAN AND GINA OTTO ART MURAL APPLICATION FOR AN
EXISTING ART MURAL ON THE COMMERCIAL BUILDING AT 810
NORTH FARRELL DRIVE, ZONE M-1-P (CASE 15-001 MUR):
Flinn Fagg, Director of Planning Services, provided background
information as outlined in the Staff Report dated May 20, 2015.
Councilmember Foat stated the mural improved the building.
Councilmember Mills stated the mural is an improvement to the building,
asked for clarification on the sign alternatives, and commented on allowing
the logo to be approved as a sign, and the remainder of the art be allowed
as a mural.
ACTION: Direct Staff to prepare a Resolution to conditionally approve the
logo as a sign, and the remainder be approved as a mural. Motion
Councilmember Mills, seconded by Councilmember Foat and
unanimously carried on a roll call vote.
Mayor Pro Tem Lewin requested the City Attorney comment on any potential
property related conflict of interest with respect to street improvements with
respect to Item 5.B.
S.B. AWARD A CONSTRUCTION CONTRACT TO GRANITE
CONSTRUCTION COMPANY, A CALIFORNIA CORPORATION, IN THE
AMOUNT OF $9,814,620; APPROVE AN ADDITIONAL LIST OF
STREETS AND AUTHORIZE A CONSTRUCTION CONTRACT CHANGE
ORDER NOT TO EXCEED $2,500,000; AND AUTHORIZE A
PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED OF $318,132
TO WILLDAN ENGINEERING FOR CONSTRUCTION MANAGEMENT
AND INSPECTION SERVICES FOR THE 2015 PAVEMENT
REHABILITATION PROJECT (CITY PROJECT NO 15-01):
Marcus Fuller, Assistant City Manager/City Engineer, provided
background information as outlined in the Staff Report dated
May 20, 2015.
Councilmember Foat commented on the invaluable input and comments
from OnePS formally PSNIC, and stated her support of the Item.
Councilmember Hutcheson questioned if the recommendation by OnePS
was inclusive and the requested clarification on the additional Section 14
streets.
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May 20, 2015
Page 15
Councilmember Mills commented on the condition of the arterial streets,
requested the City Council consider adding East Palm Canyon from
Sunrise to the bridge.
The City Council further discussed the inclusion of other arterial streets,
and the PCI index.
ACTION: 1) Award a construction contract to Granite Construction
Company, a California corporation, in the amount of $9,814,520 for Bid
Schedules A through D, inclusive, for the 2015 Pavement Rehabilitation
Project, City Project No. 15-01; 2) Consider and provide direction
regarding the list of additional streets to include with the 2015 Pavement
Rehabilitation Project, City Project No. 15-01, and authorize the City
Manager to approve a Construction Contract Change Order in an amount
not to exceed $2,500,000; 3) Authorize a Purchase Order to Willdan
Engineering, pursuant to On-Call Agreement No. 6688, in the amount of
$268,132 for construction management and inspection services for the
2015 Pavement Rehabilitation Project, City Project No. 15-01;
4) Authorize the City Manager to approve an increase of up to $50,000 to
the Purchase Order issued to Willdan Engineering for construction
management and inspection services; and 5) Authorize the City Manager
to execute all necessary documents. A6710. A6688. Motion
Councilmember Foat, seconded by Councilmember Hutcheson and
unanimously carried on a roll call vote.
5.C. PRESENTATION OF THE PRELIMINARY FISCAL YEAR 2015-16
BUDGET FOR VARIOUS SPECIAL FUNDS, PRESENTATION BY
BUREAU OF TOURISM, CONTINUED DISCUSSION ON THE
GENERAL FUND BUDGET, AND FISCAL YEAR 2014-15 THIRD
QUARTER FINANCIAL REVIEW:
City Manager Ready and Geoffrey Kiehl, Director of Finance, provided
background information as outlined in the Staff Report dated
May 20, 2015.
Bureau of Tourism Staff presented the highlights of the Bureau of Tourism
and Convention Center budget.
No action taken.
S.D. REVISION OF MANDATORY WATER CONSERVATION MEASURES
ASSOCIATED WITH A STAGE 2 WATER SHORTAGE ALERT
PURSUANT TO DESERT WATER AGENCY'S WATER SHORTAGE
CONTINGENCY PLAN:
Marcus Fuller, Assistant City Manager/City Engineer, provided
background information as outlined in the Staff Report dated May 20,
2015.
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May 20, 2015
Page 16
The City Council discussed meeting with DWA, City Hall conversion and
funding for landscaping retro-fitting, condition of the water system in the
Uptown tree wells, Sunrise Park alternatives, the condition of drought in
Palm Springs and the Coachella Valley, the condition of the Bermuda
grass without water, the difficulty of non-separated irrigation systems for
turf and trees, the faulty calculation of the State Water Board on per capita
calculations, revisions to the water waste ordinance, submit the plan for
the parks to the Parks and Recreation Commission, and additional study
for reclaimed water.
No action taken.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Mills noted the positive cash balance of the City on the Treasurer's
report.
ADJOURNMENT: The City Council adjourned at 10:03 p.m. to Wednesday,
June 3, 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
3RD DAY OF June, 2015.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
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