HomeMy WebLinkAbout5/20/2015 - STAFF REPORTS - 2.B. CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
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MEETING MINUTES
WEDNESDAY, MAY 6, 2015
CITY HALL COUNCIL CHAMBER
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:04 p.m.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge.
INVOCATION: Pastor David Sanger, Our Savior's Community Center, led the
Invocation.
ROLL CALL:
PRESENT: Councilmember Foat, Councilmember Hutcheson, Mayor Pro Tern
Lewin, and Mayor Pougnet.
ABSENT: Councilmember Mills.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS:
Mayor Pougnet and the City Council proclaimed Public Employee Service Appreciation
Week in the City of Palm Springs.
Mayor Pougnet announced Battalion Chief David Rees as the Palm Springs Firefighter
of the Year and presented a Certificate of Appreciation.
Lisa Vossler-Smith, Modernism Week, provided an update of the 2015 Palm Springs
Modernism Week events.
Mayor Pougnet provided an update on the Palm Springs Fire Department 2015 Annual
Fish Fry at Ruth Hardy Park.
Councilmember Foat provided an update on animal adoptions at the Palm Springs
Animal Shelter.
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REPORT OF CLOSED SESSION:
The meeting was called to order at 4:30 p.m. and the City Council recessed into Closed
Session to discuss items on the posted Closed Session Agenda. City Attorney Holland
reported the City Council provided direction to City Staff, otherwise no reportable
actions were taken.
City Attorney Holland stated Mayor Pougnet did not participate in the Closed Session
discussion on the property matter for 128 South Palm Canyon due to a business related
conflict of interest.
ACCEPTANCE OF THE AGENDA:
Councilmember Foat stated she has a property ownership conflict of interest and
abstention with respect to Consent Calendar Item 2.M,
Mayor Pro Tern Lewin stated he has a property ownership conflict of interest and
abstention with respect to Consent Calendar Item 2.N.
ACTION: Accept the Agenda as amended. Motion Councilmember Hutcheson,
seconded by Mayor Pro Tem 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.
1. PUBLIC HEARINGS:
I.A. AMENDMENT TO THE PALM SPRINGS ZONING CODE RELATING TO
ACCESSORY SECOND DWELLING UNITS (CASE 5.1341 ZTA) AND
CEQA CATEGORICAL EXEMPTION:
Flinn Fagg, Director of Planning Services, provided background
information as outlined in the Staff Report dated May 6, 2015.
Mayor Pougnet opened the public hearing, and no speakers coming
forward the public hearing was closed.
Councilmember Foat requested information on the number of requests the
City receives.
ACTION: 1) Waive the reading of the ordinance text in its entirety and
read by title only; and 2) Introduce on first reading Ordinance No. 1875,
"AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
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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." Motion
Councilmember Hutcheson, seconded by Councilmember Foat and
unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Hutcheson, Mayor
Pro Tem Lewin, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Mills.
1.6. PROPOSED ORDINANCE RELATING TO THE PERMITTED
LOCATIONS AND DEVELOPMENT STANDARDS OF MEDICAL
CANNABIS CULTIVATION FACILITIES AND MEDICAL CANNABIS
COOPERATIVES OR COLLECTIVES AND CEQA CATEGORICAL
EXEMPTION:
Flinn Fagg, Director of Planning Services, provided background
information as outlined in the Staff Report dated May 6, 2015.
JOY BROWN MEREDITH, stated her support for the proposed ordinance
and thanked the City for allowing medical cannabis collectives.
No further speakers coming forward, the public hearing was closed.
Mayor Pro Tem Lewin stated he would be in support of additional permits,
requested Staff address the locations that would be permitted under the
ordinance, commented on the distance requirement, and requested the
City Attorney address the ordinance for un-permitted collectives.
Councilmember Foat commented on the Statewide ballot initiative and the
City's efforts to allow medical cannabis, and requested the City Council
provide for a fifth collective.
Mayor Pougnet commented on the development of the medical cannabis
permits and regulations in the City, questioned if a grow facility has the
ability to sell outside of the City and any taxation issues.
ACTION: 1) Waive the reading of the ordinance text in its entirety and
read by title only; 2) Introduce on first reading 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," amending the ordinance to allow cultivation facilities in
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the El zone; and 3) Direct Staff to place on the May 20, 2015, City Council
Agenda, a discussion regarding the number of permits and regulatory
provisions. Motion Councilmember Hutcheson, seconded by
Councilmember Foat 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.
PUBLIC COMMENT:
DAVID FELTMAN, Palm Springs, commented on the decay of the South Palm Canyon
corridor of Palm Springs and the abandoned buildings in the area, and submitted a
petition to the City Council.
JERI BARRY, Palm Springs, commented on the CV Link, and requested the City
Council eliminate the CV Link section from Highway 111 to Gene Autry Trail.
BILL SANDERSON, Palm Springs, commented on Code Enforcement efforts on A-
Frame signs and outdoor furniture sales, and requested the City Council expand the
district for A- Frame signs.
ROBERT FINDLEY, Palm Springs, commented on the blight in South Palm Springs and
specifically the abandoned Magruder building.
CHRISTINE HAMMOND, Palm Springs, provided a brief update on the Measure J
Community related projects.
DONNA CHABAN, Palm Springs, commented on A-Frame open signs and outdoor
displays.
DEE DEE WILSON BARTON, Palm Springs, commented on Item 2.F., and highlighted
the activities of the Human Rights Commission.
JONATHAN FREEMAN, Palm Springs, commented on Item 5.A. preliminary budget and
requested an increase in the budget to remove the blight in South Palm Springs.
DAWN BERN, commented on the decay of the South Palm Canyon corridor of Palm
Springs and the abandoned buildings in the area.
PRUDENCE OUTRY, Palm Springs, read a statement regarding constitutional rights.
MINDY REED, commented on Item 3.A., thanked City Staff for meeting the Palm
Springs restaurant operators and owners, and stated her support for the ordinance.
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JOY BROWN MEREDITH, commented on Item &A., and stated the MainStreet Board
voted to support the proposed Food Truck Ordinance, commented on the
homelessness forum conducted at the Mizell Senior Center, and commented on the
Downtown Maintenance and Code Enforcement Staff.
DANUTA BALLINGER, Palm Springs, commented on the decay of the South Palm
Canyon corridor of Palm Springs and homelessness in the City of Palm Springs.
STEVE ROSENBERG, Palm Springs, commented on the recent passing of his partner
and the excellent service by the Fire Department and the Police Department.
RICK PANTELE, announced an upcoming fundraiser to benefit the AIDS Assistance
Program and the Palm Springs Animal Shelter, and donated a piece of artwork to the
City of Palm Springs.
MICHAEL MCWHIRTER, Palm Springs, commented on the decay of the South Palm
Canyon corridor of Palm Springs and the abandoned buildings in the area.
COUNCILMEMBER COMMENTS:
Mayor Pro Tern Lewin, requested Staff address the schedule of the Tahquitz Creek Trail
triangle project.
Mayor Pougnet commented on the conditions at the Magruder building, and stated the
City is seeking to demolish the building, and other blight in the area.
Councilmember Foat commented on homelessness in the City of Palm Springs and the
lack of support from Riverside County.
Councilmember Hutcheson commented on Sunny Dunes and the new businesses in the
area, and requested City Staff place a discussion on a future agenda to assist business
owners and business development in the area.
CITY MANAGER'S REPORT:
City Manager Ready announced the completion and grand opening ceremony of the
new pickleball courts at Demuth Park, and commented on DWA water regulations and
the impact to the City facilities.
City Attorney Holland commented on the sale of property located at 1479 North Palm
Canyon Drive, and stated City Staff will place an Item on the May 20, 2015, City Council
Agenda to rescind the sale of the property.
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2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.1., 2.J.,
2.K., 2.L., 2.M., 2.N., and 2.0. Motion Councilmember Foat, seconded by
Mayor Pro Tem 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.
2.A. REPORT ON THE POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the May 6, 2015, City
Council Agenda. Approved as part of the Consent Calendar.
2.13. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of April 15, 2015. Approved
as part of the Consent Calendar.
2.C. ACCEPT THE RESIGNATION OF ORLANDO GOTAY FROM THE
SUSTAINABILITY COMMISSION:
ACTION: 1) Accept with regret the resignation of Orlando Gotay from the
5ustainability Commission; and 2) Direct the City Clerk to post a notice of
vacancy for the unexpired term ending June 30, 2017. Approved as part
of the Consent Calendar.
2.1). CITY TREASURER'S INVESTMENT REPORT AS OF MARCH 31, 2015:
ACTION: Receive and File the City Treasurer's Investment Report as of
March 31, 2015. Approved as part of the Consent Calendar.
2.E. AUTHORIZE THE ISSUANCE OF A BLANKET PURCHASE ORDER TO
VALLEY MAIL DELIVERY ON AN ANNUAL BASIS:
ACTION: 1) Authorize the issuance of a Blanket Purchase Order to Valley
Mail Delivery for mail processing and related services, on an annual basis
at the per unit prices subject to an annual CPI adjustment; and
2) Authorize the City Manager to execute all necessary documents.
Approved as part of the Consent Calendar.
2.F. PALM SPRINGS HUMAN RIGHTS COMMISSION ANNUAL REPORT
FOR FISCAL YEAR 2013-14:
ACTION: Receive and File the Human Rights Commission Annual Report
for 2013-14. Approved as part of the Consent Calendar.
2.G. APPROVE THE COOPERATIVE PURCHASE, INSTALLATION AND
FIVE YEAR SERVICE AGREEMENT OF VOICESHIELD EQUIPMENT
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SATELLITE BASED PHONE SYSTEM, WITH TELEIRA RESILIENT
COMMUNICATIONS:
ACTION: 1) Award the purchase of the VoiceShield equipment,
installation, and five year service agreement with Teleira Resilient
Communications Inc., based on the Riverside County cooperative
purchase RFP#HSARC-279, in the total amount of $62,375; and
2) Authorize the City Manager to approve the purchase order and the
Teleira Service Agreement. A6699. Approved as part of the Consent
Calendar.
2.1-1. APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE AGUA
CALIENTE BAND OF CAHUILLA INDIANS REGARDING THE USE OF
THE TRIBAL MOBILE FUEL TRAILER:
ACTION: 1) Approve a five year Agreement with the Agua Caliente Band
of Cahuilla Indians, to store and respond the Tribal Mobile Fuel Trailer,
and refuel the Tribal Mobile Emergency Operations Center as needed;
and 2) Authorize the City Manager to execute the Agreement. A6700.
Approved as part of the Consent Calendar.
2.1. APPROVE FAA GRANT NO. 3-06-0181-052-2015 AND AWARD
CONSTRUCTION CONTRACT FOR THE PALM SPRINGS
INTERNATIONAL AIRPORT TECHNOLOGY SYSTEMS
REPLACEMENT AND SECURITY DOOR INSTALLATION PROJECT:
ACTION: 1) Approve FAA AIP Grant No. 3-06-0181-052-2015 in the total
amount of $4,079,346; 2) Award the construction contract for the Airport
Technology System and Security Door Project, to Johnson Controls Inc.,
the lowest responsive bidder, in the amount of $3,934,346 in a form
approved by the City Attorney; and 3) Authorize the City Manager to
execute all necessary documents including up to ten percent (10%)
additional change order work as required to address changes in the
project scope. A6701. A6702. Approved as part of the Consent
Calendar.
2.J. SUMMARY VACATION OF A PORTION OF A 10 FOOT WIDE PUBLIC
UTILITY EASEMENT IN LOTS 1, 3, 6, 7, 11, 12, 17, 20, 23, 25, 26, 29,
30, & 33 LOCATED WITHIN TRACT MAP NO. 32233, RECORDED IN
BOOK 441 OF MAPS, PAGE 21-26, INCLUSIVE, IN SECTION 7,
TOWNSHIP 4 SOUTH, RANGE 5 EAST; FILE R 15-05:
ACTION: Adopt Resolution No. 23809 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
SUMMARILY VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE
AND INTEREST IN A PORTION OF A 10 FOOT WIDE PUBLIC UTILITY
EASEMENT LOCATED IN LOTS 1, 3, 6, 7, 11, 12, 17, 20, 23, 25, 26, 29,
30, & 33 LOCATED WITHIN TRACT MAP NO. 32233, RECORDED IN
BOOK 441 OF MAPS, PAGE 21-26, INCLUSIVE, IN SECTION 7,
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TOWNSHIP 4 SOUTH, RANGE 5 EAST; FILE R 15-05." Approved as
part of the Consent Calendar.
2.K. APPROVE A FIVE-YEAR LEASE AGREEMENT WITH XEROX
FINANCIAL SERVICES AND COST PER IMAGE AND MAINTENANCE
AGREEMENT WITH IMAGE SOURCE FOR TWENTY-FIVE NEW
XEROX COPIERS:
ACTION: 1) Approve a five-year lease agreement with Xerox Financial
Services LLC via the WSCA cooperative purchasing program for 25 new
Xerox copiers in the amount of $59,935.57 per year, including taxes, with
a $1 buy-out option at end of lease.; 2) Approve a five-year cost per image
and maintenance agreement with Image Source via the WSCA
cooperative purchasing program at the unit prices of $0.0049 cost per
copy for black and white and $0.049 cost per copy for color; and
3) Authorize the City Manager to execute all necessary documents.
A6703. A6704. Approved as part of the Consent Calendar.
2.L. APPROVAL OF PROPOSAL FOR AN AMOUNT NOT TO EXCEED
$52,920 FOR CONSTRUCTION MANAGEMENT AND INSPECTION
SERVICES BY WILLDAN ENGINEERING, FOR THE MEASURE J
FUNDED BICYCLE CORRIDORS, PHASE I PROJECT, CITY PROJECT
NO. 13-32:
ACTION: 1) Approve the proposal from Willdan Engineering, pursuant to
On-Call Agreement No. 6688, for an amount not to exceed $52,920 to
provide construction management and inspection services for the
Measure J funded Bicycle Corridors, Phase I project, City Project
No. 13-32; and 2) Authorize the City Manager to execute all necessary
documents. A6688. Approved as part of the Consent Calendar.
2.M. REPEAL RESOLUTION NO. 23757 REGARDING THE PREVIOUS
APPROVAL OF THE HISTORIC SITE CERTIFICATE OF APPROVAL
AND REFER 750 LOFTS, LLC MIXED-USE HOTEL DEVELOPMENT
ON A 1.13 ACRE PARCEL LOCATED AT 750 NORTH PALM CANYON
DRIVE, ZONE C-1 / R-3 / PD 104 1 RESORT COMBINING ZONE I LAS
PALMAS BUSINESS HISTORIC DISTRICT, CEQA MITIGATED
NEGATIVE DECLARATION AND REFER TO THE PLANNING
COMMISSION FOR HEARING AND RECOMMENDATION TO COUNCIL
(HD-1) (CASE 5.1350 PDD 374/ GPA):
ACTION: 1) Repeal in its entirety Resolution No. 23757, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, UPHOLDING THE APPEAL OF 750 LOFTS, LLC, AND
AMENDING THE CONDITIONS OF APPROVAL IMPOSED BY THE
HISTORIC SITE PRESERVATION BOARD ON THE CERTIFICATE OF
APPROVAL FOR PLANNED DEVELOPMENT DISTRICT 374, A MIXED-
USE PROJECT INCLUDING 38 HOTEL ROOMS, EIGHT RESIDENTIAL
UNITS, AND ANCILLARY COMMERCIAL SPACE LOCATED AT 750
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NORTH PALM CANYON DRIVE, ZONE C-1 / R-3 / PD 104 / RESORT
COMBINING ZONE / THE LAS PALMAS BUSINESS HISTORIC
DISTRICT (APN 505-303-018);" and 2) Refer the project, including all
related applications to the Planning Commission for further public hearing,
review, and recommendation for Council consideration. Approved as
part of the Consent Calendar, noting the abstention of
Councilmember Foat.
2.N. AWARD A CONSTRUCTION CONTRACT TO ABBOUD DIAMOND
CONSTRUCTION, INC., IN THE AMOUNT OF $414,000 FOR THE
DESERT HIGHLAND UNITY CENTER GYM AIR CONDITIONING
IMPROVEMENTS (CITY PROJECT NO 14-15):
ACTION: 1) In accordance with Section 5101 of the California Public
Contract Code, consent to relieve Sea Pac Engineering, Inc. of their low
bid in the amount of $325,100 because of a mistake made in completing
the bid submitted for the Desert Highland Unity Center Gym Air
Conditioning Improvements, City Project No. 14-15; 2) Cancel the Arnico
Tract Sewer Improvements (Phase 4), and authorize the appropriation of
$176,615 in Measure J Capital Project Funding originally programmed for
the Arnico Tract Sewer Improvements (Phase 4) for the Desert Highland
Unity Center Gym Air Conditioning Improvements, City Project No. 14-15;
3) Award a construction contract to Abboud Diamond Construction, Inc., a
California corporation, in the amount of $414,000 for the Desert Highland
Unity Center Gym Air Conditioning Improvements, City Project No. 14-15;
and 4) Authorize the City Manager to execute all necessary documents.
A6705. Approved as part of the Consent Calendar, noting the
abstention of Mayor Pro Tern Lewin.
2.0. APPROVE A NON-BINDING MEMORANDUM OF AGREEMENT WITH
THE ALUMINAIRE HOUSE FOUNDATION FOR THE PURPOSE OF
NEGOTIATING A LEASE OF CITY PROPERTY FOR USE AS THE SITE
OF THE ALUMINAIRE HOUSE:
ACTION: 1) Approve a non-binding Memorandum of Agreement with the
Aluminaire House Foundation; and 2) Authorize the City Manager to
execute the Memorandum of Agreement. A6706. Approved as part of
the Consent Calendar.
EXCLUDED CONSENT CALENDAR: None.
3. LEGISLATIVE:
3.A. PROPOSED ORDINANCE 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:
City Attorney Holland provided background information as outlined in the
Staff Report dated May 6, 2015.
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ACTION: 1) Waive reading the full text of the ordinance and introduce by
title only 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." Motion
Councilmember Foat, 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.
3.B. PROPOSED ORDINANCE AMENDING TITLE 9 OF THE PALM
SPRINGS MUNICIPAL CODE RELATING TO SUBDIVISIONS AND
LAND AND CONDOMINIUM CONVERSIONS AND CEQA
DETERMINATION:
City Attorney Holland provided background information as outlined in the
Staff Report dated May 6, 2015,
Mayor Pro Tem Lewin commented on the recent history of a condo
conversion in the City and the need for relocation assistance.
Mayor Pougnet thanked Mayor Pro Tern Lewin for his research on this
topic and noted his support for the proposed ordinance.
Councilmember Hutcheson questioned who pays the relocation
assistance.
ACTION: 1) Waive reading the full text of the ordinance and introduce by
title only 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."
Motion Mayor Pro Tern Lewin, seconded by Councilmember
Hutcheson 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.
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4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
S.A. PRESENTATION OF THE PRELIMINARY FISCAL YEAR 2015-16
BUDGET FOR THE GENERAL FUND AND VARIOUS SPECIAL FUNDS
AND FISCAL YEAR 2014-15 THIRD QUARTER FINANCIAL REVIEW:
City Manager Ready provided background information as outlined in the
Fiscal Year 2015-16 Preliminary Budget.
Mayor Pro Tern Lewin thanked the City Manager and stated he is in
support of the direction the budget is heading.
Mayor Pougnet thanked the Finance Department Staff for the diligent work
on the budget, and noted the previous economic challenges during the
recession.
Councilmember Foat requested Staff provide additional details on
business improvement areas.
No action taken.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: None.
ADJOURNMENT: The City Council adjourned at 8:28 p.m. to Wednesday,
May 20, 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
20TH DAY OF May, 2015.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
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