HomeMy WebLinkAbout4/16/2014 - STAFF REPORTS - 2.B. CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
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MEETING MINUTES
WEDNESDAY, APRIL 2, 2014
CITY HALL COUNCIL CHAMBER
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:05 p.m.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge.
INVOCATION: Rev. Amanda Burr, United Methodist Church, led the Invocation.
ROLL CALL:
PRESENT: Councilmember Foat, Councilmember Lewin, Councilmember Mills,
Mayor Pro Tern Hutcheson, and Mayor Pougnet
ABSENT: None.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS:
Mayor Pougnet presented a Certificate of Recognition to John Murasky for designing
the 2014 VillageFest poster.
Mayor Pougnet announced the recent Walk of Stars honoree Aftab Dada, the farewell
event for the Forever Marilyn exhibit, the recent VillageFest anniversary, the 2014
PSNIC neighborhood picnic, the Palm Springs Woman's Club Fundraiser and Fashion
Show, and the FIND Food Bank Hunger Action Month.
Palm Springs Disposal Service (PSDS) provided an update on the transition to the
automated collection equipment.
Mayor Pougnet introduced Lauren Skiver, the new Sunline Transit General Manager.
Van Tanner, Family YMCA of the Desert, provided an update on the activities of the
YMCA.
ITEM NO.
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April 2, 2014
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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
staff, otherwise took no reportable actions.
ACCEPTANCE OF THE AGENDA:
Councilmember Lewin noted his business related abstention on Item 2.D.
Mayor Pro Tem Hutcheson noted his business related abstention on Item 2.D., and
requested Items 2.1-1. and 2.1. be removed from the Consent Calendar for separate
discussion.
Councilmember Mills noted his abstention on Item 2.13.
Councilmember Foat requested Item 2.C. be removed from the Consent Calendar for
separate discussion.
ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded
by Mayor Pro Tem Hutcheson and unanimously carried on a roll call vote.
1. PUBLIC HEARINGS:
1.A. DOS PALMAS DEVELOPMENT LLC FOR TENTATIVE PARCEL MAP
36693 TO SUBDIVIDE ONE LARGE PARCEL INTO TWO LOTS
RESULTING IN A 10,070-SQUARE FOOT LOT AND A REMAINDER
LOT APPROXIMATELY 58,831-SQUARE FEET AT THE CORNER OF
EAST SUNNY DUNES ROAD AND SOUTH SUNRISE WAY (CASE TPM
36693):
Margo Wheeler, Director of Planning Services, provided background
information as outlined in the Staff Report dated April 2, 2014.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
PAUL HYRAN, Applicant, requested the City Council approve the project
and the lot split.
No further speakers coming forward, the public hearing was closed.
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Councilmember Mills requested the Applicant address the access to the
site from Sunrise Way, and stated it would be better to approve the plans
for the entire site.
Councilmember Lewin thanked the Applicant for the excellent project, and
stated the City Council has an obligation to look at the long-term future of
the site.
Councilmember Foat stated the project is a good project and stated she is
prepared to approve the project.
MOTION: Adopt "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE
PARCEL MAP 36693 TO SUBDIVIDE ONE LARGE PARCEL INTO TWO
LOTS RESULTING IN A 10,070 SQUARE FOOT LOT AND A
REMAINDER LOT APPROXIMATELY 58,831 SQUARE FEET AT THE
CORNER OF EAST SUNNY DUNES ROAD AND SOUTH SUNRISE
WAY, ZONE R-1-C AND RMHP, SECTION 23 (CASE TPM 36693)."
Motion Councilmember Foat, seconded by Mayor Pro Tom
Hutcheson and failed 2-3 on a roll call vote.
AYES: Councilmember Foat and Mayor Pro Tern Hutcheson.
NOES: Councilmember Lewin, Councilmember Mills, and
Mayor Pougnet.
1.13. PALM SPRINGS, LLC FOR AN AMENDMENT TO A PREVIOUSLY
APPROVED PRELIMINARY PLANNED DEVELOPMENT DISTRICT
(PPD) 324 TO CONSTRUCT A MIXED USE DEVELOPMENT
CONSISTING OF A 150 ROOM HOTEL WITH ANCILLARY RETAIL,
PARKING STRUCTURE, AND VESTING TENTATIVE TRACT MAP
34190 AT 414 NORTH PALM CANYON DRIVE (CASE 5.1091 PDD 324):
Edward Robertson, Principal Planner, provided background information as
outlined in the Staff Report dated April 2, 2014.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
LAWRENCE RAEL, Applicant, commented on the history of the project,
commented on the setback to the revised project, and introduced his
project team who outlined the project.
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MATTHEW BOUSQUETTE, commented on the impact of this building to
the surrounding properties and how the project works with the surrounding
properties, requested the A/C units and trash bins be moved to another
area of the site.
ROBERT FARRAN, Palm Springs, stated his opposition to the proposed
amendment to the PDD and requested the City Council delay approval
and the impact to the surrounding properties due to trash and electrical
placement in proximity to the surrounding properties.
JOY BROWN MEREDITH, commented on the meetings with the
businesses in the Downtown area, stated the project has evolved into a
beautiful project, and stated Main Street has voted in support of the
project.
FRANK TYSEN, stated the amended project is more appropriate to the
community than the previous projects, commented on the attributes of the
project, and stated his support for the project.
LAWRENCE RAEL, Rebuttal, commented on the location of the trash and
air conditioning units, and requested the City Council approve the project.
No further speakers coming forward, the public hearing was closed.
Councilmember Foat requested the Applicant address the creation of the
road and the trash enclosure, the width of the buffer area and clarify that
no vehicle access would be allowed in the buffer.
Mayor Pro Tern Hutcheson commented on the ancillary trash unit and
suggested that the provision be eliminated, requested the Applicant
address the current landscaping on the lot, the number of bike racks, the
public benefit, the public access to parking and the number of parking
spaces, and any charge or free public parking.
Councilmember Mills requested the Applicant address the amendments to
the previously approved plan, recommended the architectural plans be
submitted prior to final PDD approval and requested the City Council
consider an intermediate step for architectural approval prior to full
engineering plans, requested the Applicant address the comments made
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by the Architectural Advisory Committee, the preliminary landscape plan,
commented on the foot-traffic, the controlled v. non-controlled parking
structure, the ancillary trash collection, the proposed glass railing around
the pool, the height of the parking level and provide some amendments to
the parking structure walls, the color/material board, commented on
Condition ENG 14 and the proposed diagonal street parking, and
Condition ENG 28 regarding the median island and requested a full
landscape design rather than all stamped concrete.
Councilmember Lewin requested the Applicant address the controlled 15
foot alley way, requested the Applicant consider decorative grates on the
tree wells, stated his support for the lack of a water element, the proposed
shade overhang on Palm Canyon, requested a retractable overhang for
summer months, the use of other type of shade trees on Palm Canyon,
and commented on traffic circulation and the exit on Indian Canyon.
Councilmember Foat requested the Applicant address the ancillary trash
enclosure, requested the City Council consider the removal of the median
on Alejo, the look of the project from the Park and Alejo, and the location
of the air conditioning.
Councilmember Lewin commented on the location of the ancillary trash
enclosure, and requested Staff address the proposed Alejo median.
Mayor Pro Tern Hutcheson requested the Applicant address the ancillary
trash enclosure, the alley access, and the addition of two conditions.
Mayor Pougnet commented on the public parking and the creation of 100
parking spaces, the ancillary trash enclosure, the branding of the hotel
and the lack of the announcement of a brand hotel.
Councilmember Mills addressed the comments from the property owner
south of the project, and commented on the property setback.
Councilmember Foat requested the City Council consider adding a
condition for a security camera in the setback.
ACTION: 1) Adopt Resolution No. 23527, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDING
THE PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLARATION
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NUMBER 2006109031 AS SUFFICIENT AND APPROPRIATE
ENVIRONMENTAL DOCUMENTATION FOR THE PROPOSED
AMENDMENT TO PLANNED DEVELOPMENT DISTRICT 324,
APPROVING AN AMENDMENT TO PLANNED DEVELOPMENT
DISTRICT 324 AND VESTING TENTATIVE TRACT MAP 34190, PALM
SPRINGS, LLC, FOR THE DEVELOPMENT OF A 150 ROOM HOTEL,
ANCILLARY COMMERCIAL RETAIL AND FREE STANDING PARKING
STRUCTURES ON THE APPROXIMATELY 4.1 ACRE PARCEL
LOCATED AT THE SOUTHEAST CORNER OF ALEJO ROAD AND
NORTH PALM CANYON DRIVE (CASE 5.1091 PDD 324)," amending the
Conditions of Approval as follows: (i) removing Condition ENG 28, (ii) all
exterior elevations, decking, landscaping, color board, etc., shall be
required to be submitted and approved by the AAC and the Planning
Commission prior to final approval of the PDD, (iii) require pedestrian
access on Palm Canyon from the ground-level parking garage, (iv) restudy
of the parking elevations on the street to allow some fenestration, (v)
rework the comer of Alejo Road and Indian Canyon, (vi) require the
ancillary trash location have no openings from the exterior, (vil) requiring a
security camera in the non-vehicular alley, (viii) require the non-vehicular
alley to have a locked gate, and (ix) require bike racks be incorporated
throughout the development, and 2) Direct the City Engineer review the
required median on Alejo Road, including the stamped concrete. Motion
Councilmember Mills, seconded by Mayor Pro Tom Hutcheson and
unanimously carried on a roll call vote.
Mayor Pougnet stated he has a business related conflict of interest with respect
to Item 1.C., would not participate in the discussion or the vote, and left Council
Chamber.
1.C. CONDUCT A PUBLIC HEARING UNDER CALIFORNIA GOVERNMENT
CODE SECTION 53083 TO APPROVE 11 SPECIAL ECONOMIC
DEVELOPMENT FOCUS INCENTIVE AREAS PROGRAM GRANT
AGREEMENTS:
John Raymond, Director of Community and Economic Development,
provided background information as outlined in the Staff Report dated
April 2, 2014.
Councilmember Foat requested staff address the number of projects
recommended for approval, and requested Staff address the other types
of businesses that submitted applications.
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Mayor Pro Tern Hutcheson opened the public hearing, and the following
speakers addressed the City Council.
JOHN SHAY, commented on the program request for Appetito
Restaurant, and requested the City Council approve the Incentive Grant.
EZRA CALLAHAN, commented on the request by Arrive Hotel, and
requested the City Council approve the Incentive Grant to Arrive
Enterprises.
GERALD NOONAN, commented on the grant application from the
Hacienda Cantina, and requested the City Council approve the Incentive
Grant for the Hacienda Cantina.
JAIME KOWAL, commented on the request from Ernest Coffee, and
requested the City Council approve the grant to Ernest Coffee.
No further speakers coming forward, the public hearing was closed.
Councilmember Lewin thanked City Staff and commented on job creation.
ACTION: 1) Approve an Economic Development Focus Incentive Areas
Program Grant with Appetito PS, LLC located at 1700 South Palm Canyon
Drive in the amount of $145,740. A6521. 2) Approve an Economic
Development Focus Incentive Areas Program Grant with Miggy's Cantina,
LLC (Hacienda Cantina); located at 1555 South Palm Canyon Drive in the
amount of $250,000. A6522. 3) Approve an Economic Development
Focus Incentive Areas Program Grant with Arrive Enterprises, LLC as the
management entity for a collection of businesses located at 1539, 1541,
1541%, 1551, and 1566 North Palm Canyon Drive (Bacchanal Italian
Restaurant, Reservoir Restaurant, and Sandfish Whiskey and Sushi Bar)
in the amount of $250,000. A6523. 4) Approve an Interior Remodel Grant
Agreement with Geoff McIntosh, Bernie's Lounge and Supper Club, at 292
East Palm Canyon Drive in the amount of $25,000. A6524. 5) Approve an
Interior Remodel Grant Agreement with Neil Castren, The New York
Company Restaurant, at 1260 South Palm Canyon Drive in the amount of
$25,000. A6525. 6) Approve an Interior Remodel Grant Agreement with
Costa Nichols, Go Deli Market, at 611 South Palm Canyon Drive, Suite
22, in the amount of $25,000. A6526. 7) Approve an Interior Remodel
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Grant Agreement with Mirsad Terzic, Miro's Restaurant, at 1555 South
Palm Canyon Drive in the amount of $25,000. A6527. 8) Approve an
Interior Remodel Grant Agreement with Daniel Doiron, 78 Degrees at the
D, at 2249 North Palm Canyon Drive in the amount of $25,000. A6528.
9) Approve an Interior Remodel Grant Agreement with Jaime Kowal,
Ernest Coffee, at 140 West Via Lola, Suite 1101, in the amount of
$25,000. A6529. 10) Authorize the City Manager to execute all necessary
documents. Motion Councilmember Foat, seconded by
Councilmember Mills and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Lewin,
Councilmember Mills, and Mayor Pro Tern Hutcheson.
NOES: None.
ABSENT: Mayor Pougnet.
Mayor Pougnet returned to the dais.
PUBLIC COMMENT:
JONATHAN ROSENBLATT, requested an update on the business activities of
Intervention 911 and the status of the use in the residential neighborhood.
NIKOHL VANDEL, Palm Springs, commented on the recent passing of a teacher at
Saint Theresa School.
JOY BROWN MEREDITH, commented on Item 2.E. regarding plastic bag regulations,
Item 2.F. regarding sitting or lying and the cannabis ordinance, and commented on the
successful PSNIC picnic.
COUNCILMEMBER COMMENTS:
Councilmember Foat requested the City Attorney address the status of Intervention 911
and announced the upcoming Faux Fur Ball at the Palm Springs Animal Shelter.
Councilmember Lewin commented on the success of the Film Incentive Program, and
requested City Staff market to Coachella Fest and Stage Coach fans.
CITY MANAGER'S REPORT: None.
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2. CONSENT CALENDAR:
Mayor Pougnet noted his abstention on Item 2.F. Ordinance No. 1846.
Councilmember Mills noted his no vote on Item 2.F. Ordinance No. 1845,
ACTION: Approve Items 2.A., 2.B., .2.D., 2.E., 2.F., 2.G., 2.J., 2.K., 21., and
2.M. Motion Councilmember Foat, seconded by Councilmember 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 April 2, 2014, City
Council Agenda. Approved as part of the Consent Calendar.
2.B. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of March 19, 2014. Approved
as part of the Consent Calendar, noting the abstention of
Councilmember Mills.
2.13. SECOND READING AND ADOPTION OF ORDINANCE NO. 1848
AMENDING CHAPTER 5.25 OF THE PALM SPRINGS MUNICIPAL
CODE REGARDING VACATION RENTAL REGULATIONS AND
RELATED ADMINISTRATIVE CITATION PROCEDURES:
ACTION: Waive the reading of the ordinance text in its entirety and adopt
Ordinance No. 1848, "AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.25
OF, AND AMENDING SECTION 1.06.030 OF, THE PALM SPRINGS
MUNICIPAL CODE RELATING TO VACATION RENTALS." Approved as
part of the Consent Calendar, noting the business related abstention
of Councilmember Lewin and Mayor Pro Tern Hutcheson.
2.E. SECOND READING AND ADOPTION OF ORDINANCE NO. 1849
ADOPTING REGULATIONS FOR THE USE OF SINGLE-USE
CARRYOUT PLASTIC BAGS BY RETAIL ESTABLISHMENTS:
ACTION: Waive the reading of the ordinance text in its entirety and adopt
Ordinance No. 1849, "AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, ADDING CHAPTER 6.09 TO THE PALM
SPRINGS MUNICIPAL CODE, RELATING TO THE PROHIBITION OF
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SINGLE-USE CARRYOUT PLASTIC BAGS BY RETAIL
ESTABLISHMENTS." Approved as part of the Consent Calendar.
2.F. RE-ADOPTION OF ORDINANCE NOS. 1845, 1846, AND 1847:
ACTION: 1) Waive the reading of the full text of the ordinance and re-
adopt by title only Ordinance No. 1845, "AN ORDINANCE OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 1.01.110,
PARAGRAPH A.20 OF SECTION 92.15.01, PARAGRAPH A.6 OF
SECTION 92.10.01, PARAGRAPH A.5 OF SECTION 92.17.1.01, AND
SECTION 93.23.15 OF, AND ADDING CHAPTER 5.35 TO, THE PALM
SPRINGS MUNICIPAL CODE, RELATING TO REGULATIONS FOR
MEDICAL CANNABIS COOPERATIVES AND COLLECTIVES IN THE
CITY;" 2) Waive the reading of the full text of the ordinance and re-adopt
by title only Ordinance No. 1846, "AN ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PLANNED
DEVELOPMENT DISTRICT PDD 365 IN LIEU OF A CHANGE OF ZONE
FOR A ROUGHLY 6.37 ACRE PARCEL ON THE WEST SIDE OF
SOUTH BELARDO ROAD, APPROXIMATELY 500 FEET SOUTH OF
THE MORONGO ROAD INTERSECTION;" and 3) Waive the reading of
the full text of the ordinance and re-adopt by title only Ordinance No.
1847, "AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTION 12.12.050 OF, AND ADDING
SECTION 12.12.055 TO, THE PALM SPRINGS MUNICIPAL CODE,
PERTAINING TO SITTING OR LYING ON SIDEWALKS IN DOWNTOWN
PALM SPRINGS." Approved as part of the Consent Calendar, noting
the no vote of Councilmember Mills on Ordinance No. 1845, and the
business related abstention of Mayor Pougnet on Ordinance
No. 1846.
2.G. TREASURER'S INVESTMENT REPORT AS OF FEBRUARY 28, 2014:
ACTION: Receive and file the Treasurer's Investment Report as of
February 28, 2014. Approved as part of the Consent Calendar.
2.J. AMENDMENT NO. 1 TO AGREEMENT NO. A6174, CVAG
REIMBURSEMENT AGREEMENT, FOR THE VISTA CHINO DRIVE
BRIDGE PROJECT AT THE WHITEWATER RIVER (CITY PROJECT
CP 10-10):
ACTION: Approve Amendment No. 1 to Agreement No. A6174, a
Reimbursement Agreement with the Coachella Valley Association of
Governments, for the Vista Chino Low Water Crossing Bridge Project at
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the Whitewater River (City Project CP 10-10); and 2) Authorize the City
Manager to execute all necessary documents. A6174. Approved as part
of the Consent Calendar.
2.K. ACCEPT THE RESIGNATION OF STEPHANIE ARRACHE FROM THE
ADMINISTRATIVE APPEALS BOARD:
ACTION: 1) Accept with regret the resignation of Stephanie Arrache; and
2) Direct the City Clerk to post a notice of vacancy for the unexpired term
ending June 30, 2014. Approved as part of the Consent Calendar.
2.L. ASSESSMENT OF CURRENT CONDITIONS OF THE HISTORIC PLAZA
THEATER:
ACTION: Receive and file the Assessment of the Current Conditions of
the Historic Plaza Theater Report. Approved as part of the Consent
Calendar.
2.M. APPROVE A FIVE-YEAR LEASE/PURCHASE AGREEMENT WITH
DELL COMPUTER COMPANY TO LEASE 100 DESKTOP
COMPUTERS INCLUDING SOFTWARE FOR THE POLICE
DEPARTMENT:
ACTION: 1) Approve a five-year lease/purchase with Dell Computer
Company, LLC, to lease 100 desktop computers, including all software, in
the amount of $33,789.39 per year, and a total amount of $154,983.00 for
the five-year term; and 2) Authorize the City Manager to execute all
necessary documents, subject to final review and approval by the City
Attorney. A6532. Approved as part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2.C. TRANSMITTAL OF THE DRAFT 2014 PARKS AND RECREATION MASTER
PLAN:
Councilmember Foat commented on the Draft Master Plan.
ACTION: 1) Receive and file the Draft 2014 Parks and Recreation Master Plan;
and 2) Direct the City Manager to place discussion on the Draft Plan on a future
City Council agenda along with the recommendations from the Parks and
Recreation Commission. Motion Councilmember Mills, seconded by Mayor
Pro Tern Hutcheson and unanimously carried on a roll call vote.
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2.1-1. CVAG REIMBURSEMENT AGREEMENT FOR THE SOUTH PALM CANYON
BRIDGE REPLACEMENT AT TAHQUITZ CREEK CHANNEL (CITY PROJECT
CP 12-02):
Mayor Pro Tom Hutcheson requested Staff address the link with the CV link and
the Tahquitz Creek Master Plan.
ACTION: 1) Approve a reimbursement agreement with the Coachella Valley
Association of Governments for the South Palm Canyon Bridge Replacement at
Tahquitz Creek Channel (CP 12-02); and 2) Authorize the City Manager to
execute all necessary documents. A6530. Motion Mayor Pro Tern Hutcheson,
seconded by Councilmember Mills and unanimously carried on a roll call
vote.
2.1. CVAG REIMBURSEMENT AGREEMENT FOR THE EAST PALM CANYON
BRIDGE REHABILITATION AT PALM CANYON WASH (CP 12-04):
ACTION: 1) Approve a reimbursement agreement with the Coachella Valley
Association of Governments for the East Palm Canyon Bridge Rehabilitation at
Palm Canyon Wash Project (CP12-04); and 2) Authorize the City Manager to
execute all necessary documents. A6531. Motion Mayor Pro Tom Hutcheson,
seconded by Councilmember Mills and unanimously carried on a roll call
vote.
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS: None.
S. NEW BUSINESS:
S.A. APPOINTMENT OF A CITY COUNCIL AD HOC SUBCOMMITTEE FOR
THE HISTORIC PLAZA THEATER:
ACTION: Appoint Councilmember Lewin and Councilmember Mills to an
ad hoc City Council Subcommittee for the Historic Plaza Theater. Motion
Mayor Pougnet, seconded by Councilmember Foat and unanimously
carried on a roll call vote.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: None.
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ADJOURNMENT: The City Council adjourned at 9:17 p.m. to Wednesday, April 16,
2014, 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
16T" DAY OF APRIL, 2014.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
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