HomeMy WebLinkAbout1/7/2015 - STAFF REPORTS - 2.B. CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
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MEETING MINUTES
WEDNESDAY, DECEMBER 17, 2014
CITY HALL COUNCIL CHAMBER
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:08 p.m.
PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard, led the
Pledge.
INVOCATION: Sharon Stroud, Inner Faith Spiritual Center, 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, Assistant City Manager/City Engineer Fuller,
City Attorney Holland, City Clerk Thompson.
PRESENTATIONS:
Mayor Pougnet announced the recent victories by the Palm Springs High School CIF
Football and Volleyball championships, and announced the upcoming parade.
Mayor Pougnet and the City Council presented a Certificate of Recognition to
Bette O'Camb for her public service, and wished her the best in her retirement.
Mayor Pougnet announced the recent Palm Springs Walk of Stars dedication to
Tim Bradley, provided an update on the Holiday Tree Lighting, Christmas Tree Lane,
and Festival of Lights Parade.
Mayor Pougnet announced the upcoming Palm Springs BUZZ launch event, the 2015
Palm Springs International Film Festival, and the 2015 Mayor's Race and Wellness
Festival.
Councilmember Foat provided an update on pet adoptions at the Palm Springs Animal
Shelter.
REPORT OF CLOSED SESSION:
ITEM NO. oq-B, _
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City Attorney Holland stated the meeting was called to order at 4:30 p.m., the City
Council recessed into Closed Session to discuss items on the posted Closed Session
Agenda, and reported the City Council provided direction to Staff, otherwise no
reportable actions were taken.
ACCEPTANCE OF THE AGENDA:
Councilmember Foat requested Item 21. be removed from the Consent Calendar for
separate discussion.
Councilmember Mills requested Item 2.E. 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:
I.A. ANNEXATION OF CERTAIN PROPERTIES INTO CFD 2005-1 (PUBLIC
SAFETY SERVICES) ANNEXATION NO. 5, NO. 6 AND NO. 7, CALLING
AND CONDUCTING THE SPECIAL ELECTION, AND INTRODUCTION
OF ORDINANCES AUTHORIZING THE LEVY OF SPECIAL TAXES IN
THE COMMUNITY FACILITIES DISTRICT:
Mayor Pougnet stated he has a conflict of interest with respect to the
Dakota Annexation and would abstain from participation and voting from
all actions for Annexation No. 6.
Councilmember Mills stated he has a business related conflict of interest
with respect to the Sol Annexation and would abstain from participation
and voting from all actions for Annexation No. 5.
City Clerk Thompson provided background information as outlined in the
Staff Report dated December 17, 2014.
Councilmember Foat requested Staff address the amount of the
assessment and any other assessments that could be included.
Mayor Pougnet opened the public hearing, and no speakers coming
forward the public hearing was closed. City Clerk Thompson stated now is
the time for any qualified landowner to file a written protest for Annexation
No. 5, Annexation No. 6, and Annexation No. 7, no protests were filed, the
Council may adopt the three resolutions.
ACTION: Adopt Resolution No. 23721, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING THE ANNEXATION OF TERRITORY INTO COMMUNITY
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FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES),
AUTHORIZING THE LEVY OF A SPECIAL TAX, AND SUBMITTING THE
LEVY OF SPECIAL TAX TO QUALIFIED ELECTORS (ANNEXATION
NO. 5);" 2) Adopt Resolution No. 23722, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING THE ANNEXATION OF TERRITORY INTO COMMUNITY
FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES),
AUTHORIZING THE LEVY OF A SPECIAL TAX, AND SUBMITTING THE
LEVY OF SPECIAL TAX TO QUALIFIED ELECTORS (ANNEXATION
NO. 6);" and 3) Adopt Resolution No. 23723, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING THE ANNEXATION OF TERRITORY INTO COMMUNITY
FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES),
AUTHORIZING THE LEVY OF A SPECIAL TAX, AND SUBMITTING THE
LEVY OF SPECIAL TAX TO QUALIFIED ELECTORS (ANNEXATION
NO. 7)." Motion Mayor Pro Tern Lewin, seconded by Councilmember
Foat and unanimously carried on a roll call vote, noting the
abstention of Mayor Pougnet on Resolution No. 23722, and the
abstention of Councilmember Mills on Resolution No. 23721.
City Clerk Thompson stated now is the time for any qualified landowner to
file a ballot for Annexation No. 5, Annexation No. 6, and Annexation No. 7,
no further ballots being filed.
City Clerk Thompson stated he canvassed the results of the special
election and executed the Canvass and Statement of Result of election as
follows: Annexation No. 5, eight votes cast, eight yes votes cast, zero no
votes cast; Annexation No. 6, seven votes cast, seven yes votes cast,
zero no votes cast; Annexation No. 7, one vote cast, one yes vote cast;
zero no votes cast; 2/3rds of the property owners voting yes for each
Annexation, the City Council may proceed with adopting the three
resolutions and introduce the three ordinances.
ACTION: 4) Adopt Resolution No. 23724, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING THE RESULTS OF A SPECIAL ANNEXATION
LANDOWNER ELECTION, DETERMINING VALIDITY OF PRIOR
PROCEEDINGS, AND DIRECTING THE RECORDING OF AN
AMENDMENT TO NOTICE OF SPECIAL TAX LIEN (ANNEXATION NO.
5);" 5) Adopt Resolution No. 23725, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING THE RESULTS OF A SPECIAL ANNEXATION
LANDOWNER ELECTION, DETERMINING VALIDITY OF PRIOR
PROCEEDINGS, AND DIRECTING THE RECORDING OF AN
AMENDMENT TO NOTICE OF SPECIAL TAX LIEN (ANNEXATION NO.
6);" 6) Adopt Resolution No. 23726, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
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DECLARING THE RESULTS OF A SPECIAL ANNEXATION
LANDOWNER ELECTION, DETERMINING VALIDITY OF PRIOR
PROCEEDINGS, AND DIRECTING THE RECORDING OF AN
AMENDMENT TO NOTICE OF SPECIAL TAX LIEN (ANNEXATION NO.
7);" 7) Waive reading of the full text and introduce on first reading by title
only, Ordinance No. 1865, "AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL
TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING
CERTAIN ANNEXATION TERRITORY (ANNEXATION NO. 5);" 8) Waive
reading of the full text and introduce on first reading by title only,
Ordinance No. 1866, "AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL
TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING
CERTAIN ANNEXATION TERRITORY (ANNEXATION NO. 6);" and 9)
Waive reading of the full text and introduce on first reading by title only,
Ordinance No. 1867, "AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL
TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING
CERTAIN ANNEXATION TERRITORY (ANNEXATION NO. 7)." Motion
Councilmember Hutcheson, seconded by Mayor Pro Tern Lewin and
unanimously carried on a roll call vote, noting the abstention of
Mayor Pougnet on Resolution No. 23725 and Ordinance No. 1866,
and the abstention of Councilmember Mills on Resolution No. 23724
and Ordinance No. 1865.
Councilmember Mills stated he has a business related conflict of interest with
respect to Item 1.B., would not participate in the discussion or the vote, and left
Council Chamber.
I.B. ALTA VERDE, LLC, TENTATIVE TRACT MAP (TTM) 36723 TO
SUBDIVIDE APPROXIMATELY 7.21 ACRES OF VACANT LAND INTO
14 SINGLE-FAMILY RESIDENTIAL LOTS, PLANNED DEVELOPMENT
DISTRICT (PDD) 371, AND A MAJOR ARCHITECTURAL APPROVAL
TO CONSTRUCT 14 SINGLE-FAMILY RESIDENTIAL HOMES WITHIN
THE CANYON PARK SPECIFIC PLAN AREA LOCATED AT 1000
BOGERT TRAIL AND CEQA FOCUSED ENVIRONMENTAL IMPACT
REPORT (CASE 5.1342/TTM 36723 /PDD 371):
Flinn Fagg, Director of Planning Services, provided background
information as outlined in the Staff Report dated December 17, 2014.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
ANDREW ADLER, Applicant, commented on the amenities of the project,
noted the architecture enhancements, and the use of a Planned
Development District.
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EMILY HEMPHILL, provided legal context for the use of the Planned
Development District.
MARVIN ROOS, commented on the history for the proposed
development.
SKIP RUDNICK, stated the development will not impact the surrounding
neighbors, and requested the City Council approve the project.
No further speakers coming forward, the public hearing was closed.
ACTION: Adopt Resolution No. 23727, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
CERTIFYING A FOCUSED ENVIRONMENTAL IMPACT REPORT (EIR)
AND APPROVING TENTATIVE TRACT MAP 36723 (TTM 36723), FOR
THE CREATION OF A 14-LOT SUBDIVISION ON APPROXIMATELY 7.2-
ACRE LAND, PRELIMINARY PLANNED DEVELOPMENT DISTRICT 371
(PDD 371) AND A MAJOR ARCHITECTURAL APPROVAL FOR THE
CONSTRUCTION OF 14 SINGLE-FAMILY RESIDENCES LOCATED AT
1000 BOGERT TRAIL, WITHIN THE CANYON PARK SPECIFIC PLAN
AREA, ZONE R-1-13, SECTION 35;" amending one sentence contained in
Condition of Approval No. F!D 6 to read "One is a cul-de-sac with an
outside turning radius 43 feet from the centerline." Motion
Councilmember Hutcheson, 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.
1.C. PROPOSED ORDINANCE TO AMEND THE PALM SPRINGS ZONING
CODE RELATING TO EMERGENCY SHELTERS IN THE M-2
(MANUFACTURING) DISTRICT AND CEQA NOTICE OF EXEMPTION
(CASE 5.1332-ZTA):
Flinn Fagg, Director of Planning Services, provided background
information as outlined in the Staff Report dated December 17, 2014.
Mayor Pougnet opened the public hearing, and the following speaker
addressed the City Council.
NIKOHL VANDEL, Palm Springs, commented on the homeless issues in
the City of Palm Springs.
No further speakers coming forward, the public hearing was closed.
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ACTION: Waive the reading of the ordinance text in its entirety and
introduce on first reading Ordinance No. 1868, "AN ORDINANCE OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS
ZONING CODE SECTION 92.17.1.01 RELATING TO EMERGENCY
SHELTERS." Motion Councilmember Mills, seconded by
Councilmember Hutcheson and unanimously carried on a roll call
vote.
1.D. PROPOSED ORDINANCE TO AMEND THE PALM SPRINGS ZONING
CODE RELATING TO ACCESSORY AND CONDITIONALLY
PERMITTED USES:
ACTION: 1) Table the public hearing with no public testimony at this time;
and 2) Direct the City Clerk to re-notice the Public Hearing pursuant to
law. Motion Councilmember Hutcheson, seconded by
Councilmember Mills and unanimously carried on a roll call vote.
I.E. VIA OLIVERA, LLC, TENTATIVE PARCEL MAP (TPM) 36737 FOR A
FIVE (5) LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION,
PRELIMINARY PLANNED DEVELOPMENT DISTRICT (PDD) 373, AND
A MAJOR ARCHITECTURAL APPLICATION AT 199 WEST VIA
OLIVERA AND CEQA NOTICE OF EXEMPTION (CASE. 5.13481TPM
367371PDD 37313.3730 MAJ):
ACTION: 1) Continue the public hearing to January 7, 2015; and 2) Direct
the City Clerk to post a Notice of Continued Public Hearing as required by
law. Motion Councilmember Foat, seconded by Mayor Pro Tern Lewin
and unanimously carried on a roll call vote.
I.F. APPROVE TWO HOTEL OPERATIONS COVENANT AGREEMENTS
WITH THE PALM SPRINGS PROMENADE, LLC (MARRIOTT AC
HOTEL) AND EQUI-CAP, LLC (SELENE PALM SPRINGS RESORT)
PURSUANT TO THE CITY'S HOTEL OPERATIONS INCENTIVE
PROGRAM:
John Raymond, Director of Community and Economic Development,
provided background information as outlined in the Staff Report dated
December 17, 2014.
Mayor Pougnet opened the public hearing, and no speakers coming
forward the public hearing was closed.
ACTION: 1) Adopt Resolution No. 23728, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A HOTEL OPERATIONS INCENTIVE COVENANT WITH
PALM SPRINGS PROMENADE, LLC FOR THE CONSTRUCTION OF A
135 ROOM MARRIOTT AC HOTEL AT THE SOUTHWEST CORNER OF
NEW MAIN STREET AND BELARDO ROAD;" 2) Adopt Resolution No.
23729, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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PALM SPRINGS, CALIFORNIA, APPROVING A HOTEL OPERATIONS
INCENTIVE COVENANT WITH EQUI-CAP, LLC FOR THE
CONSTRUCTION OF A 205 ROOM SELENE PALM SPRINGS RESORT
HOTEL AT THE NORTHEAST CORNER OF CALLE ALVARADO AND
AMADO ROAD;" and 3) Authorize the City Manager to execute all
necessary documents. A6641. A6642. Motion Councilmember Mills,
seconded by Councilmember Hutcheson and unanimously carried
on a roll call vote.
1.G. PARKING EASEMENT WITH PALM SPRINGS, LLC, FOR PUBLIC
PARKING LOCATED AT 400 NORTH PALM CANYON DRIVE:
John Raymond, Director of Community and Economic Development,
provided background information as outlined in the Staff Report dated
December 17, 2014.
Mayor Pougnet opened the public hearing, and no speakers coming
forward the public hearing was closed.
Councilmember Foat questioned if the easement included public parking.
ACTION: 1) Approve Parking Easement with Palm Springs, LLC, a
California limited liability company ("Owner"); and 2) Authorize the City
Manager to execute all documents to effectuate the Amendment.
A6643. Motion Councilmember Mills, seconded by Mayor Pougnet
and unanimously carried on a roll call vote.
PUBLIC COMMENT:
JAMES HAYTON, Palm Springs, commented on Item 2.P. regarding pickleball and
requested the City Council not convert the tennis court on the west end.
FRANK TYSEN, stated his opposition to Item 4.A., regarding the event center at the
Downtown Revitalization Project.
NIKOHL VANDEL, Palm Springs, announced the upcoming Community Involvement
event by PSUSD.
PETER MORUZZI, Palm Springs, requested the City Council approve Item 2.E.,
submitting Albert Frey properties to the National Register of Historic Places.
MARK DAVIS, requested the City Council approve Item 2.E., submitting Albert Frey
properties to the National Register of Historic Places.
RICK PANTELE, commented on smart growth concepts for the City of Palm Springs.
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GEORGE ZANDER, Palm Springs, commented on the un-housed population in the City
of Palm Springs, and requested the City form a committee to address the needs of the
homeless.
SID CRAIG, commented on Item 2.P., regarding the conversion of one tennis court to
pickleball, and requested the City Council approve the pickleball court in Demuth Park.
COUNCILMEMBER COMMENTS:
Councilmember Hutcheson requested Staff address the conversion of a tennis court to
a pickleball court in Demuth Park.
Councilmember Foat commented on the process of forming a committee to address the
needs of the homeless in the City of Palm Springs.
CITY MANAGER'S REPORT:
City Manager Ready provided an update on Palm Springs International Airport banners,
and Palm Springs Buzz signs.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.F., 2.G., 2.H., 2.1., 2.J., 2.K.,
2.M., 2.N., 2.0., 2.P., 2.Q., 2.R., 2.S., and 2.T. Motion Councilmember Foat,
seconded by Mayor Pro Tern Lewin and unanimously carried on a roll call
vote.
2.A. REPORT ON THE POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the
December 17, 2014, City Council Agenda. Approved as part of the
Consent Calendar.
2.13. APPROVE SUBSTITUTION OF REMARKETING AGENT FOR THE
CERTIFICATES OF PARTICIPATION TO FINANCE THE DOWNTOWN
PARKING STRUCTURE:
ACTION: 1) Approve a Remarketing Agreement with Mitsubishi UFJ
Securities (USA), Inc., for the Certificates of Participation issued for the
Downtown Parking Structure; 2) Terminate the current Remarketing
Agreement with Stifel, Nicolaus & Company, Incorporated; and 3)
Authorize the City Manager to execute all necessary documents. A4552.
A6644. Approved as part of the Consent Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 23729, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 11-22-14 BY WARRANTS NUMBERED 418907 THROUGH
418926 TOTALING $37,845.83, LIABILITY CHECKS NUMBERED
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1075187 THROUGH 1075208 TOTALING $107,721.85, FIVE WIRE
TRANSFERS FOR $45,628.28, AND THREE ELECTRONIC ACH
DEBITS OF $1,153,565.41 IN THE AGGREGATE AMOUNT OF
$1,344,761.37, DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution
No. 23730, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS
AND DEMANDS BY WARRANTS NUMBERED 1075209 THROUGH
1075293 IN THE AGGREGATE AMOUNT OF $618,419.25, DRAWN ON
BANK OF AMERICA;" and 3) Adopt Resolution No. 23731, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND
DEMANDS BY WARRANTS NUMBERED 1075294 THROUGH 1075427
IN THE AGGREGATE AMOUNT OF $2,323,264.93, DRAWN ON BANK
OF AMERICA." Approved as part of the Consent Calendar.
2.D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR
THE MONTH OF NOVEMBER 2014:
ACTION: Receive and file the report of Staff Authorized Agreements and
Purchase Orders for the period of November 1 through November 30,
2014. Approved as part of the Consent Calendar.
21. CHANGE ORDER NO. 1 TO PURCHASE ORDER NO. 15-0309 WITH
MSA CONSULTING, INC. ADDING HYDROLOGY STUDY SERVICES:
ACTION: Approve Change Order No. 1 to Purchase Order No. 15-0309
with MSA Consulting, Inc. adding hydrology study services in the amount
of$9,000. Approved as part of the Consent Calendar.
2.G. PROFESSIONAL SERVICES AGREEMENT WITH TRANSTECH
ENGINEERS, INC. IN THE AMOUNT OF $484,102 FOR
CONSTRUCTION MANAGEMENT SERVICES FOR THE BOGERT
TRAIL BRIDGE REHABILITATION PROJECT (FEDERAL AID
PROJECT NO. BHLS 5282 (026) [CP 07-03]):
ACTION: 1) Approve an agreement with Transtech Engineers, Inc. in the
amount of $484,102 for construction management services related to the
Bogert Trail Bridge Rehabilitation Project (Federal Aid Project No. BHLS
5282 (026) [CP 07-03]); and 2) Authorize the City Manager to execute all
documents. A6645. Approved as part of the Consent Calendar.
2.H. AMENDMENT TO THE CITY OF PALM SPRINGS CONFLICT OF
INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF
1974:
ACTION: Adopt Resolution No. 23732, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
THE CONFLICT OF INTEREST CODE ADOPTED BY RESOLUTION NO.
22841." Approved as part of the Consent Calendar.
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2.1. FINAL TRACT MAP 36756 FOR A 104 UNIT APARTMENT COMPLEX
LOCATED AT 1700 ARABY DRIVE:
ACTION: Adopt Resolution No. 23733, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING TRACT MAP 36756 FOR PROPERTY LOCATED AT 1700
ARABY DRIVE, IN SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4
EAST." Approved as part of the Consent Calendar.
2.J. REQUEST BY VIVA LAS PALOMAS, LLC ON BEHALF OF 450 PALM
CANYON DRIVE LLC FOR A RESOLUTION OF PUBLIC
CONVENIENCE OR NECESSITY (PCN) TO SELL BEER, WINE AND
DISTILLED SPIRITS (TYPE 48 ALCOHOLIC BEVERAGE CONTROL
LICENSE) AT A PROPOSED COCKTAIL LOUNGE AT 450 SOUTH
PALM CANYON DRIVE:
ACTION: Adopt Resolution No. 23734, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC
CONVENIENCE IN ORDER TO SELL BEER, WINE AND DISTILLED
SPIRITS (TYPE 48 STATE ALCOHOLIC BEVERAGE CONTROL
LICENSE) FOR PROPERTY LOCATED AT 450 SOUTH PALM CANYON
DRIVE, WITHIN CENSUS TRACT 0446.06." Approved as part of the
Consent Calendar.
2.K. AMENDMENT NO. 1 TO AGREEMENT NO. A6288 WITH NBS
GOVERNMENT FINANCE GROUP FOR ASSESSMENT DISTRICT,
LIGHTING & LANDSCAPE MAINTENANCE DISTRICT, COMMUNITY
FACILITIES DISTRICT, AND COUNTY SERVICE AREA
ADMINISTRATION SERVICES:
ACTION: 1) Approve Amendment No. 1 to Agreement No. A6288 with
NBS Government Finance Group, for Community Facilities District
annexation services for the remainder of the current contract term through
June 30, 2017, per schedule of fees as provided in Exhibit A-and 2)
Authorize the City Manager to execute all necessary documents in a form
approved by the City Attorney. A6288. Approved as part of the Consent
Calendar.
2.M. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of December 3, 2014.
Approved as part of the Consent Calendar.
2.N. APPROVE AN AGREEMENT WITH KONE, INC. FOR THE
REPLACEMENT OF TWO ESCALATORS AT THE PALM SPRINGS
INTERNATIONAL AIRPORT:
ACTION: 1) Approve an Agreement with Kone, Inc. for all the materials,
equipment, and labor associated with the replacement and installation of
two escalators at the Airport's Bono Concourse in the amount of
$548,914.24; and 2) Authorize the City Manager to execute all necessary
documents, and change order authority up to a ten (10) percent increase
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over the total project amount. A6647. Approved as part of the Consent
Calendar.
2.0. APPROVE AN AGREEMENT WITH COREY AIRPORT SERVICES FOR
THE AIRPORT ADVERTISING CONCESSIONS PROGRAM:
ACTION: 1) Approve an Agreement with Corey Airport Services for a term
of five years for the Airport Advertising Concessions Program; and 2)
Authorize the City Manager to execute all necessary documents in a form
approved by the City Attorney. A5855. Approved as part of the Consent
Calendar.
2.P. CONVERSION OF ONE TENNIS COURT TO FOUR PICKLEBALL
COURTS AT DEMUTH PARK:
ACTION: Approve the conversion of one tennis court to four pickelball
courts at Demuth Park, insofar as the total cost does not exceed $15,000.
Approved as part of the Consent Calendar.
2.Q. DELAY START OF CONSTRUCTION TO JUNE 1, 2015, FOR THE
ANDREAS ROAD TWO-WAY CONVERSION PROJECT (CP 13-27):
ACTION: Authorize the City Manager to direct Golden Vista Construction,
Inc., dba Golden Valley Construction, to delay the start of construction for
the Andreas Road Two-Way Conversion Project to June 1, 2015, (CP 13-
27). A6578. Approved as part of the Consent Calendar.
2.R. HERO PROPERTY ASSESSED CLEAN ENERGY PROGRAM:
ACTION: Adopt Resolution No. 23736, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE
CITY'S JURISDICTION IN THE CALIFORNIA HERO PROGRAM TO
FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY
SOURCES, ENERGY AND WATER EFFICIENCY IMPROVEMENTS
AND ELECTRIC VEHICLE CHARGING INFRASTRUCTURE AND
APPROVING THE AMENDMENT TO A CERTAIN JOINT POWERS
AGREEMENT RELATED THERETO." Approved as part of the Consent
Calendar.
2.S. PROPOSED RESOLUTION DETERMINING TO UNDERTAKE
PROCEEDINGS TO REQUEST THE CALIFORNIA STATEWIDE
COMMUNITIES DEVELOPMENT AUTHORITY FORM A COMMUNITY
FACILITIES DISTRICT FOR THE SELENE PALM SPRINGS RESORT
PROJECT AT THE NORTHEAST CORNER OF AMADO ROAD AND
CALLE ALVARADO:
ACTION: 1) Adopt Resolution No. 23737, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DETERMINING TO UNDERTAKE PROCEEDINGS TO REQUEST THAT
THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT
AUTHORITY FORM A COMMUNITY FACILITIES DISTRICT WITHIN THE
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CITY FOR THE SELENE PALM SPRINGS RESORT PROJECT;" and 2)
Authorize the City Manager to execute all necessary documents.
Approved as part of the Consent Calendar.
2.T. ENDORSING THE GREEN FOR LIFE PROGRAM INCLUDING A
CLIMATE ACTION PLAN, GREENHOUSE GAS INVENTORY, ENERGY
ACTION PLAN, BENCHMARKING POLICY, AND
COMMISSIONING/RETRO-COMMISSIONING POLICY:
ACTION: Adopt Resolution No. 23738, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ENDORSING THE GREEN FOR LIFE PROGRAM, INCLUDING THE
CLIMATE ACTION PLAN AND GREENHOUSE GAS INVENTORY, THE
ENERGY ACTION PLAN, ENERGY BENCHMARKING POLICY FOR
MUNICIPAL BUILDINGS, AND COMMISSIONING/RETRO-
COMMISSIONING POLICY." Approved as part of the Consent
Calendar.
EXCLUDED CONSENT CALENDAR:
2.E. APPROVE THE SUBMITTAL OF NOMINATION TO THE NATIONAL
REGISTER OF HISTORIC PLACES FOR THE WORKS OF ALBERT FREY TO
INCLUDE PALM SPRINGS CITY HALL, FIRE STATION NO. 1, AND THE
TRAMWAY GAS STATION:
Councilmember Mills requested Staff address if the submission is for the building
only and not the entire site.
ACTION: Approve the submittal of nomination to the National Register of Historic
Places for Palm Springs City Hall, Fire Station No. 1, and the Tramway Gas
Station. Motion Councilmember Mills, seconded by Councilmember Foat
and unanimously carried on a roll call vote.
2.L. PROPOSED RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT
APPLICATION TO THE STATE OF CALIFORNIA, DEPARTMENT OF URBAN
RESOURCES, URBAN STREAMS RESTORATION PROGRAM FOR THE
TAHOUITZ CREEK TRAIL TRIANGLE GATEWAY PROJECT:
Councilmember Foat requested Staff address if applying for the grant will delay
the timing of the project.
ACTION: Adopt Resolution No. 23735, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ENDORSING THE
APPLICATION FOR AN URBAN STREAMS RESTORATION PROGRAM
GRANT AND DETERMINING APPROPRIATE ENVIRONMENTAL IMPACT
DOCUMENT, CONDITIONALLY ACCEPTING GRANT IF OFFERED, AND
DESIGNATING PROJECT REPRESENTATIVE, CONTRACT MANAGER, AND
FISCAL AGENT;" and 2) Authorize the City Manager to execute required
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December 17, 2014
Page 13
applications, documents and agreements associated with the Urban Streams
Restoration Program grant. A6646. Motion Councilmember Foat, seconded by
Mayor Pro Tem Lewin and unanimously carried on a roll call vote.
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS:
4.A. APPROVE A PURCHASE AGREEMENT AND ESCROW
INSTRUCTIONS WITH PALM SPRINGS PROMENADE, LLC RELATED
TO THE ACQUISITION OF THE EVENT CENTER SPACE, PROVISION
OF ADDITIONAL ON-SITE PARKING AND IMPROVED PARKING
MANAGEMENT RIGHTS, ALLOCATION AND SHARING OF CERTAIN
COSTS AND FEES; AUTHORIZE ADDITIONAL CITY REQUESTED
EVENT CENTER AND PARKING STRUCTURE WORK; AND
APPROVAL OF A PARTIAL RELEASE OF THE PERFORMANCE DEED
OF TRUST FOR BLOCK C-1 AND BLOCK A OF PALM SPRINGS
DOWNTOWN PROJECT:
City Manager Ready and John Raymond, Director of Community and
Economic Development, provided background information as outlined in
the Staff Report dated December 17, 2014.
City Manager Ready noted the change order cost to be inserted into the
documents is $1,296,000, and City Attorney Holland stated the City
Council was provided a list of change orders and a proposed resolution.
Mayor Pro Tern Lewin noted the change orders are for the public
improvements requested by the City.
Mayor Pougnet commented on parking for the site for the underground
parking.
Councilmember Mills commented on the proposed cost for the public
improvements for changes requested by the City.
Councilmember Hutcheson commented on the additional parking.
Councilmember Foat questioned if the motion and the vote could be
bifurcated.
ACTION: 1) Approve Purchase Agreement and Escrow Instructions with
Palm Springs Promenade administered by First American Title Company,
Escrow Holder, File No. RIW-4765919 (SE), dated November 10, 2014; 2)
Authorize the provision of additional City requested work consistent with
Scope of Work Related to the Event Center Preparation and Parking
Structure Upgrades, approved by City Council on November 17, 2014; 3)
Approve a Partial Release of Performance Deed of Trust by and between
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December 17, 2014
Page 14
the City of Palm Springs (Beneficiary) and Palm Springs Promenade, LLC
(Trustor) for Block A and Block C-1; 4) Authorize the City Manager to
execute all documents and/or agreements in a form approved by the City
Attorney necessary or appropriate to implement the approvals and
authorizations described in this recommendation; and 5) Adopt Resolution
No. 23739, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING A PURCHASE
AGREEMENT AND ESCROW WITH PALM SPRINGS PROMENADE,
LLC RELATED TO THE ACQUISITION OF THE EVENT CENTER
SPACE, PROVISION OF ADDITIONAL ON-SITE PARKING AND
IMPROVED PARKING MANAGEMENT RIGHTS, ALLOCATION AND
SHARING OF CERTAIN COSTS AND FEES; AUTHORIZE ADDITIONAL
CITY REQUESTED EVENT CENTER AND PARKING STRUCTURE
WORK; AND APPROVAL OF A PARTIAL RELEASE OF THE
PERFORMANCE DEED OF TRUST FOR BLOCK C-1 AND BLOCK A OF
PALM SPRINGS DOWNTOWN PROJECT." A6144. Motion
Councilmember Mills, seconded by Councilmember Hutcheson and
carried 4-1 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Mills, Mayor
Pro Tern Lewin, and Mayor Pougnet.
NOES: Councilmember Foat.
5. NEW BUSINESS:
S.A. DISMISS THE BID PROTESTS FROM CONSERVE LANDCARE AND
MARINA LANDSCAPE, INC., AND WAIVE ANY INFORMALITY (NON-
RESPONSIVENESS) AND AWARD A CONSTRUCTION CONTRACT
TO GOLDEN VISTA CONSTRUCTION, INC. DBA GOLDEN VALLEY
CONSTRUCTION FOR THE TAHQUITZ CANYON WAY MEDIAN
LANDSCAPING PHASE 2 PROJECT (CP 13-33):
Marcus Fuller, Assistant City Manager/City Engineer, provided
background information as outlined in the Staff Report dated
December 17, 2014.
Councilmember Mills commented on the proposed project, and thanked
City Staff for bringing this topic forward.
ACTION: 1) Dismiss the bid protest submitted by Conserve LandCare
dated November 26, 2014; 2) Dismiss the bid protests submitted by
Marina Landscape, Inc., dated December 1 and 8, 2014; 3) Waive any
informality (non-responsiveness), and award a construction contract to
Golden Vista Construction, Inc., dba Golden Valley Construction, in the
amount of $1,328,315 for the Tahquitz Canyon Way Median Landscaping
Phase 2 Project (CP 13-33); 4) Delegate authority to the City Manager to
approve and execute construction contract change orders up to a
cumulative amount of 5% of the contract amount ($66,416); and 5)
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December 17, 2014
Page 15
Authorize the City Manager to execute all necessary documents. A6648.
Motion Councilmember Mills, seconded by Councilmember
Hutcheson and unanimously carried on a roll call vote.
Councilmember Foat stated she has a property-ownership-related conflict of
interest with respect to Item 5.13, would not participate in the discussion or the
vote, and left Council Chamber.
5.13. EXTENSION OF HOTEL INCENTIVE PROGRAM PARTICIPATION FOR
NEW CHURCH II, LLC AND 750 LOFTS, LLC FOR THE ORCHID TREE
HOTEL, 261 SOUTH BELARDO ROAD, AND THE 750 LOFTS
PROJECT, 750 NORTH PALM CANYON DRIVE FOR A PERIOD OF
ONE (1) YEAR FOR PROJECT ENTITLEMENT, WITH CONSTRUCTION
COMMENCING NO LATER THAN DECEMBER 31, 2017:
John Raymond, Director of Community and Economic Development,
provided background information as outlined in the Staff Report dated
December 17, 2014.
Mayor Pro Tern Lewin commented on the success of the Hotel Incentive
Program, and questioned how many opportunities would have been
missed if this program did not exist.
Councilmember Hutcheson commented on the elements of the Hotel
Incentive Program, and the success of the program.
Councilmember Mills commented on the development of the program.
Mayor Pougnet thanked Staff for the Valley Voice explaining the program.
ACTION: 1) Approve eligibility for participation in the Hotel Incentive
Program by New Church II, LLC for the Orchid Tree Inn & Spa, located at
261 South Belardo Road for a period of one year, extending the deadline
for project entitlement until December 31, 2015; the deadline for
commencing construction remains on December 31, 2017; and 2)
Approve eligibility for participation in the Hotel Incentive Program by 750
Lofts, LLC for the 750 Lofts hotel project, located at 750 North Palm
Canyon Drive for a period of one year, extending the deadline for project
entitlement until December 31, 2015; the deadline for commencing
construction remains on December 31, 2017. Motion Mayor Pougnet,
seconded by Mayor Pro Tem 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.
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December 17, 2014
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Councilmember Foat returned to the dais.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Mayor Pro Tern Lewin requested the City Manager check if City Parks are not watering
during a rain event, commented on the un-housed population in the City of Palm
Springs, and requested the City Manager address the palm trees on Palm Canyon.
Councilmember Mills commented on the palm tree maintenance in the Downtown area,
requested Staff address the damaged Sail sculpture on Gene Autry and requested Staff
remove it until it is repaired, address the lack of maintenance with respect to the private
bridge on Indian Canyon, and stated it should also be used for banners.
Councilmember Foat requested Staff address the design of the crosswalk at Merrito and
Palm Canyon, and requested the maintenance of the missing decorative street lights.
Mayor Pougnet stated Canyon Estates HOA is violating the water ordinance by watering
when raining, and stated many of the restaurants are not following the water
restrictions, commented on the College of the Desert and requested Staff address the
removal of the Specific Plan, requested Staff address the landscaping at the Horizon
Hotel, and address the left turn lanes at Sunrise and Palm Canyon Drive.
ADJOURNMENT: The City Council adjourned at 8:33 P.M. to Wednesday,
January 7, 2015, at 6:00 P.M. Council Chamber, City Hall, preceded by Closed Session,
Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS
7T" DAY OF JANUARY, 2015.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
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