HomeMy WebLinkAbout2015-01-21 CC MINUTES CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
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MEETING MINUTES
WEDNESDAY, JANUARY 21, 2015
CITY HALL COUNCIL CHAMBER
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:05 p.m.
PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard, led the
Pledge.
INVOCATION: Rev Amanda Burr, United Methodist Church, led the Invocation.
ROLL CALL:
PRESENT: Councilmember Foat, Councilmember Hutcheson, Councilmember
Mills, Mayor Pro Tern Lewin, and Mayor Pougnet.
ABSENT: None.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS:
Queen Scheherazade and her Court announced the upcoming 2015 Date Festival and
Riverside County Fair.
Mayor Pougnet provided an update on the 2015 Mayor's Race and Wellness Festival,
and announced the 2015 Mayor's State of the City address.
Mayor Pro Tern Lewin provided details on the California DMV Salton Sea License Plate
program.
Councilmember Foat provided an update on adoptions at the Palm Springs Animal
Shelter.
Bryan Gruber, Lance Soil and Lunghard LLP, the City's independent auditors, presented
the results of the Fiscal Year 2013-14 audit.
REPORT OF CLOSED SESSION:
The meeting was called to order at 4:30 p.m. and the City Attorney requested the City
Council add one Item to the Closed Session Agenda, pursuant to Cal. Gov. Code
City Council Minutes
January 21, 2015
Page 2
Section 54956.9(a) Existing Litigation titled People for Proper Planning v. City of Palm
Springs, Case No. PSC1301691, Riverside Superior Court, Palm Springs Division, and
stated additional material regarding the case was received after the posting of the
agenda.
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 People for Proper Planning v. City of Palm Springs,
Case No. PSC1301691, Riverside Superior Court, Palm Springs Division. Motion
Councilmember Mills, seconded by Councilmember Hutcheson 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 provided direction to the City
Attorney and City Staff, otherwise no reportable actions were taken.
ACCEPTANCE OF THE AGENDA:
Mayor Pougnet requested Item 2.F. be removed from the Consent Calendar for
separate discussion.
Councilmember Mills noted a business related abstention on Item 2.C. Warrant No.
1075493.
ACTION: Accept the Agenda as amended. Motion Councilmember Hutcheson,
seconded by Mayor Pro Tem Lewin and unanimously carried on a roll call vote.
1. PUBLIC HEARINGS: None.
PUBLIC COMMENT:
MARK LANE, Action Park Alliance, provided an update on the events at the Palm
Springs Skatepark.
THOMAS DOYLE, commented on the Palm Springs BUZZ trolley and the benefit to the
community and tourism.
JOY BROWN MEREDITH, stated her support for Item 3.C. and 4.A., regarding medical
cannabis and the Palm Springs BUZZ.
SID CRAIG, commented on the recent decision of the Parks and Recreation
Commission for the conversion of a tennis court to a pickleball court in Demuth Park.
COUNCILMEMBER COMMENTS: None.
City Council Minutes
January 21, 2015
Page 3
CITY MANAGER'S REPORT: City Manager Ready provided an update on Code
Enforcement.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.G., 2.H., 2.1., 2.J., 2.K.,
21., 2.M., and 2.N. Motion Councilmember Mills, seconded by
Councilmember Hutcheson 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 January 21, 2015,
City Council Agenda. Approved as part of the Consent Calendar.
2.13. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of January 7, 2015.
Approved as part of the Consent Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 23748, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 12-06-14 BY WARRANTS NUMBERED 418927 THROUGH
418944 TOTALING $39,620.43 LIABILITY CHECKS NUMBERED
1075428 THROUGH 1075449 TOTALING $108,192.10, FIVE WIRE
TRANSFERS FOR $80,253.44, AND THREE ELECTRONIC ACH
DEBITS OF $1,444,332.44 IN THE AGGREGATE AMOUNT OF
$1,672,398.41, DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution
No. 23749, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS
AND DEMANDS BY WARRANTS NUMBERED 1075450 THROUGH
1075651 IN THE AGGREGATE AMOUNT OF $2,300,346.20, DRAWN
ON BANK OF AMERICA;" 3) Adopt Resolution No. 23750, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND
DEMANDS BY WARRANTS NUMBERED 1075652 THROUGH 1075746
IN THE AGGREGATE AMOUNT OF $2,927,635.93, DRAWN ON BANK
OF AMERICA;" 4) Adopt Resolution No. 23751, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 12-20-14 BY WARRANTS NUMBERED 418945 THROUGH
418962 TOTALING $29,168.86 LIABILITY CHECKS NUMBERED
1075747 THROUGH 1075768 TOTALING $107,585.50, FIVE WIRE
TRANSFERS FOR $73,100.26, AND THREE ELECTRONIC ACH
DEBITS OF $1,444,332.44 IN THE AGGREGATE AMOUNT OF
$1,388,409.83, DRAWN ON BANK OF AMERICA;" and 5) Adopt
Resolution No. 23752, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
City Council Minutes
January 21, 2015
Page 4
OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1075769
THROUGH 1075951 IN THE AGGREGATE AMOUNT OF $2,751,028.41,
DRAWN ON BANK OF AMERICA." Approved as part of the Consent
Calendar, noting the business related abstention of Councilmember
Mills on Warrant No. 1075493.
2.D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR
THE MONTH OF DECEMBER 2014:
ACTION: Receive and file the report of Staff Authorized Agreements and
Purchase Orders for the period of December 1 through
December 31, 2014. Approved as part of the Consent Calendar.
2.E. SECOND READING AND ADOPTION OF ORDINANCE NO. 1869
APPROVING A PRELIMINARY AND FINAL PLANNED DEVELOPMENT
DISTRICT (PDD) 370 IN LIEU OF A CHANGE OF ZONE FOR A
PROPOSED COMMUNITY COMPRISED OF 46 TWO-STORY
DETACHED RESIDENTIAL UNITS, PRIVATE STREETS, AND OPEN
SPACE ON A ROUGHLY 5.23 ACRE SITE LOCATED AT THE
SOUTHEAST CORNER OF NORTH PALM CANYON DRIVE AND
ALVARADO ROAD:
ACTION: Waive the reading of the ordinance text in its entirety and adopt
Ordinance No. 1869, "AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING A PRELIMINARY AND FINAL
PLANNED DEVELOPMENT DISTRICT (PDD) 370 IN LIEU OF A
CHANGE OF ZONE FOR A PROPOSED COMMUNITY COMPRISED OF
46 TWO-STORY DETACHED RESIDENTIAL UNITS, PRIVATE
STREETS, AND OPEN SPACE ON A ROUGHLY 5.23 ACRE SITE
LOCATED AT THE SOUTHEAST CORNER OF NORTH PALM CANYON
DRIVE AND ALVARADO ROAD (APN'S 504-074-001, 002 AND 008)
(CASE 5.1340 CUP PDD 370/3.3742 MAJ/TTM 36725)." Approved as
part of the Consent Calendar.
2.G. APPOINTMENT OF AN AD HOC CITY COUNCIL SUBCOMMITTEE
FOR WASTE WATER TREATMENT PLANT IMPROVEMENTS:
ACTION: Appoint Councilmember Mills and Mayor Pro Tem Lewin to an
ad hoc subcommittee for Waste Water Treatment Plant improvements.
Approved as part of the Consent Calendar.
2.H. APPROVE AN AGREEMENT WITH DL CONSULTING FOR A NEW
CONTENT MANAGEMENT SYSTEM FOR THE LIBRARY'S
ACCESSING THE PAST LOCAL HISTORY DIGITIZATION PROJECT,
INCLUSIVE OF ANNUAL STORAGE, LICENSE, AND MAINTENANCE
FOR FIVE (5) YEARS:
ACTION: 1) Approve an agreement with DL Consulting in the amount of
$45,750 for a new cloud-based content management system inclusive of
the initial set-up, training, annual storage, license, and maintenance fees
City Council Minutes
January 21, 2015
Page 5
for five (5) years; and 2) Authorize the City Manager to execute all
necessary documents. A6654. Approved as part of the Consent
Calendar.
2.1. AMENDMENT NO. 3 TO AGREEMENT NO. A1281 THE JOINT
POWERS AGREEMENT FOR SUNLINE TRANSIT AGENCY TO
DELETE THE "WEIGHTED VOTING" PROVISIONS:
ACTION: 1) Approve Amendment No. 3 to Agreement No. A1281 the
Sunline Joint Powers Agreement with the County of Riverside and the
cities of the Coachella Valley; and 2) Authorize the City Manager to
execute Amendment No. 3 to Agreement No. A1281 on behalf of the City
of Palm Springs. A1281. Approved as part of the Consent Calendar.
2.J. PURCHASE AND INSTALLATION OF NEW CCTV VIDEO RECORDING
SYSTEM FOR POLICE DEPARTMENT INTERVIEW ROOMS FROM
COM-SEC INC. IN THE AMOUNT OF $25,945.02:
ACTION: 1) Approve the purchase and installation of the PDS ISR
interview room audio/video recording system for a total cost of $25,945.02
from Com-Sec Inc., inclusive of all equipment, material, labor, taxes, and
delivery; and 2) Authorize the City Manager to execute all necessary
documents. Approved as part of the Consent Calendar.
2.K. FISCAL YEAR 2013-14 AUDIT REPORTS BY THE CITY'S
INDEPENDENT AUDITORS:
ACTION: Receive and file the Fiscal Year 2013-14 Audit Reports
prepared by the City's independent auditors. Approved as part of the
Consent Calendar.
2.L. EXTENSION OF VEOLIA WEST OPERATING SERVICES, INC.
WASTEWATER SERVICES (OPERATIONS AND MAINTENANCE)
CONTRACT TO JUNE 30, 2015:
ACTION: 1) Approve Amendment No. 13 to Amended and Restated
Agreement No. A4123 with Veolia West Operating Services, Inc.,
(formerly Veolia Water North America-West, LLC) for Wastewater
Services (Operations and Maintenance); and 2) Authorize the City
Manager to execute all necessary documents. A4123. Approved as part
of the Consent Calendar.
2.M. APPROVE USE OF SURPLUS FUNDING IN CERTAIN ASSESSMENT
DISTRICTS TO REDEEM BONDS:
ACTION: 1) Adopt Resolution No. 23753, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DETERMINING SURPLUS IN IMPROVEMENT FUND RELATING TO
OUTSTANDING ASSESSMENT BONDS FOR ASSESSMENT DISTRICT
NO. 161 (MOUNTAIN GATE) AND ORDERING THE DISPOSITION
THEREOF;" 2) Adopt Resolution No. 23754, "A RESOLUTION OF THE
City Council Minutes
January 21, 2015
Page 6
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DETERMINING SURPLUS IN IMPROVEMENT FUND RELATING TO
OUTSTANDING ASSESSMENT BONDS FOR ASSESSMENT DISTRICT
NO. 162 (THE VILLAS IN OLD PALM SPRINGS AND 48 @ BARISTO)
AND ORDERING THE DISPOSITION THEREOF;" 3) Adopt Resolution
No. 23755, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DETERMINING SURPLUS IN
IMPROVEMENT FUND RELATING TO OUTSTANDING ASSESSMENT
BONDS FOR ASSESSMENT DISTRICT NO. 164 (MOUNTAIN GATE II)
AND ORDERING THE DISPOSITION THEREOF;" 4) Adopt Resolution
No. 23756, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADJUSTING THE BUDGET FOR
FISCAL YEAR 2014-2015;" and 5) Authorize the Finance Director to
transfer funds and to notify the fiscal agent to redeem bonds. Approved
as part of the Consent Calendar.
2.N. LICENSE AGREEMENT WITH PALM SPRINGS HISTORICAL
SOCIETY, INC. FOR THE USE OF A PORTION OF THE WELWOOD
MURRAY MEMORIAL LIBRARY FOR A FIVE YEAR PERIOD:
ACTION: 1) Approve a License Agreement with The Palm Springs
Historical Society, Inc., a California 501 (c)(3) Public Benefit Corporation,
for the use of a portion of the Welwood Murray Memorial Library at
100 South Palm Canyon Drive; and 2) Authorize the City Manager to
execute all necessary documents. A6655. Approved as part of the
Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2.F. APPOINTMENT OF AN AD HOC CITY COUNCIL SUBCOMMITTEE FOR
HOMELESSNESS:
ACTION: Appoint Councilmember Foat and Mayor Pougnet to an ad hoc
subcommittee for Homelessness. Motion Councilmember Mills, seconded by
Mayor Pro Tern Lewin and unanimously carried on a roll call vote.
3. LEGISLATIVE:
3.A. PROPOSED ORDINANCE TO AMEND THE PALM SPRINGS
MUNICIPAL CODE RELATING TO BID PROTESTS:
Marcus Fuller, Assistant City Manager/City Engineer, provided
background information as outlined in the Staff Report dated
January 21, 2015.
Councilmember Foat questioned the impetus for the code modifications
for bid protests.
City Council Minutes
January 21, 2015
Page 7
Mayor Pro Tem Lewin commented on the practice and policy of the City
awarding public works contracts to the lowest responsible bidder.
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. 1870,
"AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 7.08.030 OF THE PALM SPRINGS MUNICIPAL
CODE, RELATING TO BID PROTESTS." Motion Councilmember Foat,
seconded by Councilmember Mills and unanimously carried on a roll
call vote.
3.B. PROPOSED ORDINANCE AMENDING AND RESTATING CHAPTER
5.34 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO
MASSAGE ESTABLISHMENTS:
City Attorney Holland provided background information as outlined in the
Staff Report dated January 21, 2015.
ACTION: 1) Waive the reading of the ordinance text in its entirety and
read by title only; and 2) Introduce on first reading Ordinance No. 1871,
"AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING AND RESTATING CHAPTER 5.34 OF THE PALM SPRINGS
MUNICIPAL CODE RELATING TO MASSAGE ESTABLISHMENTS."
Motion Councilmember Mills, seconded by Councilmember Foat and
unanimously carried on a roll call vote.
3.C. INITIATION OF AMENDMENTS TO THE PALM SPRINGS ZONING
CODE REGARDING CULTIVATION OF MARIJUANA IN THE CITY AND
TO ALLOW MEDICAL CANNABIS WITHIN COMMERCIAL AND/OR
OFFICE ZONES IN THE CITY:
Mayor Pougnet provided background information on the discussion of the
City Council Subcommittee regarding medical cannabis, and commented
on the process for permitting the prior medical cannabis collectives.
Councilmember Foat commented on impact to patients and medical
cannabis users, and the objectives for the growing of medical cannabis.
Councilmember Mills requested a review and analysis be provided for the
past history of illegal operations.
Mayor Pro Tern Lewin commented on the access to patients, ease of
access, sufficient operators to reduce the cost to patients, and the benefits
for well regulated grow facilities.
Councilmember Hutcheson stated his support for other Councilmember
comments, and the cultivation and regulation of medical cannabis.
City Council Minutes
January 21, 2015
Page 8
Councilmember Foat stated the land use operations will be forwarded to
the Planning Commission, and requested the Commission review the
many restrictions in proximity to other types of establishments.
ACTION: Initiate Zone Text Amendments pursuant to Section
97.07.01.A.1.6 of the Palm Springs Zoning Code for the cultivation of
marijuana within the City and medical cannabis cooperatives or collectives
within the commercial and/or office zones in the City and refer these
amendment concepts to the Planning Commission for hearing, review,
and recommendation. Motion Councilmember Hutcheson, seconded
by Mayor Pro Tern Lewin and unanimously carried on a roll call vote.
4. UNFINISHED BUSINESS:
4.A. UPDATE ON THE PALM SPRINGS BUZZ TROLLEY SERVICE PILOT
PROGRAM:
Josh Morgerman, Symblaze, provided an update on the Palm Springs
BUZZ.
Councilmember Hutcheson commented on the successful launch of the
BUZZ, requested the expansion of days to include the Coachella
Weekend and other special events in the Coachella Valley.
Councilmember Foat questioned the current operational hours and the
availability of information to make further decisions, and operational
changes for summer months.
Mayor Pro Tern Lewin commented on the successful launch and the
remarks from outside tourism publications.
Mayor Pougnet commented on the successful roll-out of the program and
the public's positive reception.
No action taken.
4.6. CITY WIDE SOLAR REQUEST FOR PROPOSAL UPDATE:
Al Smoot, Special Projects Coordinator, provided background information
as outlined in the Staff Report dated January 21, 2015.
Councilmember Foat commented on the participation of local firms in the
process, the potential for smaller vendors to bid on a portion of the
projects, if the City will consider some projects with the system owned by
the City, and some as third party providers.
City Council Minutes
January 21, 2015
Page 9
Councilmember Mills questioned if each applicant would be required to
respond with both approaches, and the process and scoring systems for
local preference.
Mayor Pro Tem Lewin commented on the process and the local
preference, noted the benefits to the City utilizing solar, and the
opportunity to select more than one vendor.
No action taken.
5. NEW BUSINESS:
5.A. AWARD A CONSTRUCTION CONTRACT TO AEGIS ITS, INC. IN THE
AMOUNT OF $2,078,080.40, AND APPROVE AMENDMENT NO. 1 IN
THE AMOUNT OF $276,738 TO AGREEMENT NO. A5985 WITH RBF
CONSULTING FOR CONSTRUCTION MANAGEMENT SERVICES FOR
THE TRAFFIC MANAGEMENT CENTER AND CITYWIDE TRAFFIC
SIGNAL INTERCONNECT/SYNCHRONIZATION PROJECT [FEDERAL
AID PROJECT NO. CML 5282 (031) (CP 08-04)]:
Marcus Fuller, Assistant City Manager/City Engineer, provided
background information as outlined in the Staff Report dated
January 21, 2015.
Councilmember Foat commented on the status of the CVAG regional
synchronization project, requested clarification on the Engineer's Estimate
and the actual construction cost, and the components of the traffic center.
Councilmember Mills commented on the Engineer's Estimate, and
questioned if the pedestrian crossings are interconnected with the traffic
signal synchronization.
ACTION: 1) Award a construction contract to Aegis ITS, Inc. in the
amount of $2,078,080.40 for the Traffic Management Center and Citywide
Traffic Signal Interconnect Project, Federal Aid Project No. CML 5282
(031) (CP 08-04); 2) Approve and authorize the City Manager to approve
and execute construction contract change orders up to a cumulative
amount of 5% of the contract amount ($103,940); 3) Approve Amendment
No. 1 to Agreement No. A5985 with RBF Consulting in the amount of
$276,738, for a total contract amount of $524,259, for the Traffic
Management Center and Citywide Traffic Signal Interconnect Project,
[Federal Aid Project No. CML 5282 (031) (CP 08-04)]; and 4) Authorize
the City Manager to execute all necessary documents. A6656. A5985.
Motion Councilmember Hutcheson, seconded by Mayor Pro Tem
Lewin and unanimously carried on a roll call vote.
City Council Minutes
January 21, 2015
Page 10
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Mayor Pro Tem Lewin requested photos be taken of the installation of the Municipal Co-
Generation plant, requested opportunities and awards for further water conservation,
and requested the City Manager address enforcement.
Mayor Pougnet requested Staff address Commissioner Orientation and recent
comments from the AAC, the pre-judging of the projects by AAC members, and
requested the City Attorney remind the AAC of their responsibilities.
ADJOURNMENT: The City Council adjourned at 7:55 p.m. to Wednesday,
February 4, 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
4T" DAY OF FEBRUARY, 2015.
STEPH N P. POUGNET, AYOR
ATTEST:
MES THOMPSON, CITY CLERK