HomeMy WebLinkAbout2014-01-29 CC MINUTES CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
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SPECIAL MEETING MINUTES
WEDNESDAY, JANUARY 29, 2014
COUNCIL CHAMBER
1. CALL TO ORDER: Mayor Pro Tern Hutcheson called the Special Meeting to
order at 5:01 p.m.
2. ROLL CALL:
PRESENT: Councilmember Foat, Councilmember Lewin,
Councilmember Mills, and Mayor Pro Tern Hutcheson.
ABSENT: Mayor Pougnet.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk
Thompson.
3. PUBLIC COMMENT:
EMILY HEMPHILL, representing Wessman Development, stated the purpose of
the Measure submitted to the voters, commented on the two existing lawsuits
filed, and requested the City Council consider any agreement must include relief
of both lawsuits.
NANCY STUART, Palm Springs, commented on her service to the Mount San
Jacinto Winter Park Authority.
JOHN TYMON, commented on the height of the proposed hotel and the
statements made by Mayor Pougnet at the Mayor's State of the City Address.
MICHAEL McQUEER, commented on the height of the hotel and spoke against
the proposed hotel.
JIM STUART, commented on the interest in the Downtown area by corporate
firms seeking to locate in Palm Springs.
STEVE ROSENBERG, Palm Springs, spoke on the redevelopment and progress
of the City of Palm Springs.
4. RECESS TO CLOSED SESSION: The City Council recessed to Closed Session
in the Small Conference Room at 5:22 p.m.
5. RECONVENE TO SPECIAL MEETING: The City Council reconvened to Open
Session at 6:25 p.m.
6. REPORT OF CLOSED SESSION: City Attorney Holland reported the City
Council recessed into Closed Session to consider one item on the posted
City Council Minutes
January 29, 2014
Page 2
agenda, and stated the City Council discussed a Settlement Agreement and
Mutual Release.
7. CONSIDERATION OF A PROPOSED ..ORDINANCE AMENDING AND/OR
WITHDRAWING A MEASURE SUBMITTED TO THE VOTERS BY
ORDINANCE NO. 1842, AT A SPECIAL MUNICIPAL ELECTION SCHEDULED
TO BE HELD ON TUESDAY, APRIL 22, 2014, PURSUANT TO CAL.
ELECTIONS CODE SECTION 9605:
Councilmember Mills requested the City Attorney address the outcome of the
election compared with the proposed settlement agreement, requested
clarification of the development in Block C and any potential changes to the
project.
Councilmember Foat requested the City Attorney clarify the status of the
proposed settlement agreement in relation to the election, requested the City
Attorney address the two separate lawsuits, commented on the impact to the
community, and stated her support and the reasons for the proposed settlement
agreement and withdrawal of the Measure.
Councilmember Lewin commented on the actions of the City Council to move the
project forward, commented on the potential impact to the community, and stated
his support.
Mayor Pro Tern Hutcheson stated he would like to move this project forward as
soon as possible.
Councilmember Mills requested the City Attorney address the outcome of the
settlement agreement, commented on the impact to the community, the
remaining lawsuit and impact to the community, and stated he is not in support of
removing the Measure from the ballot.
Councilmember Foat commented on the message the proposed actions send to
the Complainants and the community.
Councilmember Lewin commented on the actions of the Complainants and their
willingness for a settlement agreement.
Councilmember Mills stated the settlement agreement does not affect the second
lawsuit, stated the real delay to the project is on the second lawsuit, and a vote
would send a strong message to the Complainants.
Mayor Pro Tem Hutcheson commented on the message a vote would provide,
and stated his support for moving forward with the settlement agreement.
Councilmember Foat requested the City Attorney address the Judge's
preliminary decision on the second lawsuit, the remedy if the City were to lose
City Council Minutes
January 29, 2014
Page 3
that lawsuit, and commented on the Complainant's support for a settlement
agreement.
Councilmember Lewin commented on the results of the lawsuit, and his support
for moving forward.
ACTION: 1) Approve a Settlement Agreement and Mutual Release with
Advocates for Better Community Development and Frank Tysen; and
2) Authorize the City Manager to execute the Agreement on behalf of the City.
A6486. Motion Councilmember Foat, seconded by Councilmember Lewin
and carried 3-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember Lewin, and
Mayor Pro Tem Hutcheson.
NOES: Councilmember Mills.
ABSENT: Mayor Pougnet.
ACTION: Adopt Ordinance No. 1843, "AN ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, REPEALING ORDINANCE NO. 1842,
CANCELLING THE SPECIAL ELECTION CALLED ON TUESDAY, APRIL 22,
2014, AND WITHDRAWING THE MEASURE SUBMITTED TO THE QUALIFIED
VOTERS TO CONSIDER RESOLUTION NO. 23270 REGARDING A KIMPTON
BRAND HOTEL WITHIN BLOCK C OF THE MUSEUM MARKET PLAZA
SPECIFIC PLAN." Motion Councilmember Foat, seconded by
Councilmember Lewin and carried 3-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember Lewin, and
Mayor Pro Tem Hutcheson.
NOES: Councilmember Mills.
ABSENT: Mayor Pougnet.
8. ADJOURNMENT: The City Council adjourned at 7:00 p.m. to the next regular
meeting, Wednesday, February 5, 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
19TH DAY OF FEBRUARY 2014.
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STEPH N P. POUGNE , MAYOR
ATTEST:
AMES THOMPSON, CITY CLERK