HomeMy WebLinkAbout2013-11-20 CC MINUTESCITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
MEETING MINUTES
WEDNESDAY, NOVEMBER 20, 2013
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: Pastor Jerrold Thompson, Seventh-Day Adventist Church, led the
Invocation.
ROLL CALL:
PRESENT: Councilmember Foat, Councilmember Hutcheson, Councilmember
Lewin, Mayor Pro Tem Mills, and Mayor Pougnet.
ABSENT: None.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS:
Mayor Pougnet and the City Council presented Charles Dunn a Certificate of
Recognition for his service to the Country during the time of President Kennedy's
assassination, and for sharing his experience with the City of Palm Springs.
Mayor Pougnet provided an update on the recent events in the City of Palm Springs:
Veteran's Day Parade and the Palm Springs Museum 75th Anniversary.
Mayor Pro Tern Mills provided an update on the Palm Springs High School
Homecoming Parade and the Palm Desert Alumni of the Year award.
Councilmember Foat announced discounted pet adoptions at the Palm Springs Animal
Shelter during the holiday season.
Mayor Pougnet announced the upcoming events in the City of Palm Springs: ATHENA
Awards, Downtown Holiday Tree Lighting, Festival of Lights Parade, the WLF
Mentorship Programs, and the 2014 Mayor's Race and Wellness Festival.
Councilmember Hutcheson announced the upcoming City of Palm Springs Holiday
Food Drive.
City Council Minutes
November 20, 2013
Page 2
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.
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson requested the City Council consider moving Item 5.13. to the
Consent Calendar as Item 2.M.
Councilmember Hutcheson requested Item 2.13. be removed from the Consent Calendar
for separate discussion.
Councilmember Lewin requested Item 2.E. be removed from the Consent Calendar for
separate discussion.
Councilmember Foat requested Items 2.E., 2.F., and 2.1-1. be removed from the Consent
Calendar for separate discussion.
ACTION: Accept the Agenda as amended. Motion Mayor Pro Tern Mills, seconded
by Councilmember Hutcheson and unanimously carried on a roll call vote.
PUBLIC HEARINGS:
I.A. PRAETOR INVESTMENT, LLC, FOR AN AMENDMENT TO A
PREVIOUSLY APPROVED PLANNED DEVELOPMENT DISTRICT 333
(PDD 333) AND TENTATIVE TRACT MAP (TTM 35236) FOR THE
DEVELOPMENT OF A 200-ROOM HOTEL, 50 RESIDENTIAL UNITS
AND A PARKING STRUCTURE LOCATED AT THE NORTHWEST
CORNER OF AVENIDA CABALLEROS AND AMADO ROAD:
Edward Robertson, Principal Planner, provided background information as
outlined in the staff report dated November 20, 2013.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
LAURIE KIBBY, Applicant, presented an overview of the proposed project,
BOB HELBLING, Palm Springs, commented on the history of the
proposed project, the need for the project, and requested the City Council
approve the project.
City Council Minutes
November 20, 2013
Page 3
DAVID BARON, stated his support for the Dolce Project, and commented
on the history of the site and the development of the project.
BOB ELSNER, Palm Springs, stated his support for the Dolce Project, and
commented on the impact to the tourism industry in the City of Palm
Springs.
BILL LAMOND, commented on the relationship with hotels in the Historic
Tennis Club neighborhood, and requested the City Council support the
project.
ROBERT MOON, stated his support for the proposed Dolce hotel project,
and commented on the design, parking and meeting facilities.
RICHARD CLIFFORD, Palm Springs, commented on the design of the
project, and stated his support for the Dolce project.
KRISTIN BLOOMER, commented on the economic impact, the target
demographic audience of the hotel, and stated her support for the project.
CHRISTINE SOTO, read a letter of support from the Palm Springs Oasis.
JOY BROWN MEREDITH, commented on the design of the project, the
impact to the City and Convention Center, and requested the City Council
approve the project.
MICHAEL STEWARD, Palm Springs, stated his support for the Dolce
project, and commented on the impact to the surrounding neighbors.
No further speakers coming forward, the public hearing was closed.
Mayor Pro Tem Mills commented on the proposed design, requested staff
address the procedural process to approve the final PD, commented on
Final Design Condition No. 12, requested staff address General Condition
No. 30, requested more developed street enhancements at Amado and
Avenida Caballeros including crosswalk design, requested the City
Council consider amendments to the crosswalk design consistent with
Downtown, commented on the proposed restaurant, expressed concerns
on the "back of house" operations and the noise to immediate neighbors,
commented on the screen walls, the lack of medians at the project and
requested staff address a median on Amado, commented on Fire
Department Condition No. 2 and requested the CFD be clarified as per
unit and for the residential units only, and complimented the Applicant on
the project.
City Council Minutes
November 20, 2013
Page 4
Councilmember Hutcheson stated his support of the project, commented
on the street improvements including crosswalks, the improvements made
for the benefit of the surrounding neighborhood, and commented on the
Dolce brand.
Councilmember Foat requested the Applicant address the parking
conditions and the reduction of parking, and thanked the Developer for
working with the neighborhood.
Councilmember Lewin commented on the enhanced crosswalks, the
connectivity of the project, the Convention Center and Downtown,
commented on the interaction with the neighborhood, and stated his
support for the project.
Mayor Pougnet commented on the investment in the Community and the
change to the City and the Convention Center, the interaction between the
Applicant and the surrounding neighborhood, commented on the current
crosswalk and enhancing the crosswalks, commented on the median, and
stated his support for the project.
ACTION: Adopt Resolution No. 23457, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDING
THE PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLARATION
NUMBER 200700845 AND THE ADDENDUM THERETO AS
SUFFICIENT AND APPROPRIATE ENVIRONMENTAL
DOCUMENTATION FOR THE PROPOSED AMENDMENT TO PLANNED
DEVELOPMENT DISTRICT 333, APPROVING AN AMENDMENT TO
PLANNED DEVELOPMENT DISTRICT 333 AND TENTATIVE TRACT
MAP 35236, AS PROPOSED BY PRAETOR INVESTMENT, LLC, FOR
THE DEVELOPMENT OF A 200-ROOM HOTEL, 50 HIGH -END
RESIDENTIAL UNITS AND A PARKING STRUCTURE ON
APPROXIMATELY 10.47 ACRES OF LAND LOCATED AT THE
NORTHWEST CORNER OF AVENIDA CABALLEROS AND AMADO
ROAD," amending Condition of Approval Final Design No. 12 by deleting
the last sentence pertaining to hillside lighting, Condition of Approval Fire
Department No. 2 to read "... Shall not exceed $500 per residential unit"
and General Condition No. 31 regarding crosswalks "shall be approved by
the City Engineer." Motion Councilmember Hutcheson, seconded by
Councilmember Lewin and unanimously carried on a roll call vote.
The City Council recessed at 7:45 p.m.
The City Council reconvened at 7:55 p.m.
I.B. AMENDMENT TO THE PALM SPRINGS ZONING CODE REGARDING
CHURCHES IN VARIOUS ZONES (CASE 5.1306 ZTA):
City Council Minutes
November 20, 2013
Page 5
ACTION: 1) Continue the Public Hearing with no public testimony at this
time; 2) Direct staff and the Planning Commission to further review
churches in the Central Business District; and 3) Direct the City Clerk to
re -notice pursuant to law. Motion Councilmember Lewin, seconded by
Councilmember Foat and unanimously carried on a roll call vote.
Councilmember Hutcheson stated he had a property 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. HISTORIC DISTRICT DESIGNATION FOR THE RACQUET CLUB
COTTAGES WEST CONDOMINIUMS (NOW KNOWN AS THE
RACQUET CLUB GARDEN VILLAS) AT 360 WEST CABRILLO ROAD
(HSPB 88, HD-3):
Margo Wheeler, Director of Planning Services, provided background
information as outlined in the staff report dated November 20, 2013.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
KIM ZAKOWSKI, HOA President Racquet Club Villas, commented on the
detailed request for historic designation, the history of the Racquet Club
Villas, and requested the City Council approve the Historic District.
ERIK ROSENOW, Palm Springs Preservation Foundation, commented on
the history of the development and the nomination, and requested the City
Council support the designation.
No further speakers coming forward, the public hearing was closed.
ACTION: Adopt Resolution No. 23458, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DESIGNATING THE RACQUET CLUB COTTAGES WEST LOCATED AT
360 CABRILLO ROAD AS HISTORIC DISTRICT NO. 3 (COMMON AREA
APN 504-131-061) (HSPB 88, HD-3)." Motion Councilmember Foat,
seconded by Councilmember Lewin and unanimously carried 4-0 on
a roll call vote.
AYES: Councilmember Foat, Councilmember Lewin, Mayor Pro
Tern Mills, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Hutcheson.
Councilmember Hutcheson returned to the dais.
City Council Minutes
November 20, 2013
Page 6
I.D. PROPOSED ORDINANCES ADOPTING AND AMENDING THE 2013
CALIFORNIA BUILDING STANDARDS CODE, ADOPTING AND
AMENDING THE 2013 CALIFORNIA FIRE CODE, ADOPTING AND
AMENDING THE 2012 INTERNATIONAL PROPERTY MAINTENANCE
CODE, ADOPTING THE CITY OF PALM SPRINGS BUILDING
ADMINISTRATIVE CODE, AND REPEALING ARTICLE VII OF
CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL CODE
RELATING TO SWIMMING POOL SAFETY STANDARDS:
City Attorney Holland provided background information as outlined in the
staff report dated November 20, 2013.
No speakers coming forward, the public hearing was closed.
Councilmember Foat commented on the letter received by the Desert
Valley Business Association.
Mayor Pro Tern Mills thanked staff for the preparation of the amendment
matrix.
ACTION: 1) Waive the reading of the text in its entirety and read by title
only and introduce on first reading Ordinance No. 1832, "AN ORDINANCE
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND
RESTATING ARTICLE I OF CHAPTER 8.04 OF THE PALM SPRINGS
MUNICIPAL CODE, ADOPTING BY REFERENCE, TOGETHER WITH
CERTAIN ADDITIONS, AMENDMENTS AND DELETIONS, THE 2013
CALIFORNIA BUILDING CODE, INCLUDING APPENDICES C, I, AND J;
THE 2013 CALIFORNIA RESIDENTIAL CODE, INCLUDING APPENDIX
H; THE 2013 CALIFORNIA MECHANICAL CODE; THE 2013
CALIFORNIA PLUMBING CODE, INCLUDING APPENDICES A, B, D, G,
I AND K; THE 2012 INTERNATIONAL PROPERTY MAINTENANCE
CODE, INCLUDING ALL APPENDICES; THE 2013 CALIFORNIA
EXISTING BUILDING CODE; THE 2013 CALIFORNIA HISTORIC
BUILDING CODE, INCLUDING APPENDIX A; THE 2013 CALIFORNIA
ELECTRICAL CODE, INCLUDING ALL APPENDICES; THE 2013
CALIFORNIA ENERGY CODE, INCLUDING ALL APPENDICES; AND
THE 2013 GREEN BUILDING STANDARDS CODE, INCLUDING ALL
APPENDICES, AMENDING AND RESTATING ARTICLE IV OF
CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL CODE,
ADOPTING THE CITY OF PALM SPRINGS BUILDING
ADMINISTRATIVE CODE, AND REPEALING ARTICLE VII OF CHAPTER
8.04 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO
SWIMMING POOL SAFETY STANDARDS;" 2) Waive the reading of the
text in its entirety and read by title only and introduce the first reading of
Ordinance. No. 1833, "AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING AND RESTATING ARTICLE VI OF
CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL CODE,
City Council Minutes
November 20, 2013
Page 7
ADOPTING BY REFERENCE, TOGETHER WITH ADDITIONS,
AMENDMENTS AND DELETIONS, THE 2013 CALIFORNIA FIRE CODE,
INCLUDING APPENDIX CHAPTER 4 AND APPENDICES A, B, BB, C,
CC, F, H, I, J, K, L, M, AND N;" 3) Declare its intention to hold a public
hearing on December 18, 2013; and 4) Direct the City Clerk to notice the
public hearing pursuant to law. Motion Councilmember Lewin,
seconded by Councilmember Foat and unanimously carried on a roll
call vote.
PUBLIC COMMENT:
FRANK TAYLOR, Palm Desert, requested the City Council consider funding of
unmanned Aerial Systems.
GEORGE ZANDER, Palm Springs, commented on the Municipal Quality Index, and
stated the City of Palm Springs received a score of 100.
DON SHEARER, commented on his testimony at the last City Council meeting.
SID CRAIG, commented on the "Ask the Chief' booth at VillageFest, and the City's
score on the Municipal Quality Index.
JOY BROWN MEREDITH, stated the holiday banners have been installed in the
Downtown and Uptown area, and commented on the Downtown Holiday Tree Lighting
event, commented on Item 5.A. and the proposed Trolley, Item 2.1-1. Mural Standards,
and the VillageFest Board.
STEVE ROSENBERG, commented on the recent political events.
COUNCILMEMBER COMMENTS: None.
CITY MANAGER'S REPORT: None.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.C., 2.D., 2.G., 2.1., 2.J., 2.K., 21., and 2.M.
Motion Councilmember Hutcheson, seconded by Councilmember Foat 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
November 20, 2013, City Council Agenda. Approved as part of the
Consent Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 23460, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
City Council Minutes
November 20, 2013
Page 8
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1066564 THROUGH 1066699 IN THE AGGREGATE
AMOUNT OF $1,351,994.28, DRAWN ON BANK OF AMERICA;" 2) Adopt
Resolution No. 23461, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF PAYROLL WARRANTS FOR THE PERIOD ENDED 10-12-13 BY
WARRANTS NUMBERED 418351 THROUGH 418366 TOTALING
$30,877.18, LIABILITY CHECKS NUMBERED 1066700 THROUGH
1066723 TOTALING $122,630.59 FIVE WIRE TRANSFERS FOR
$45,770.92 AND THREE ELECTRONIC ACH DEBITS OF $1,105,067.85
IN THE AGGREGATE AMOUNT OF $1,304,346.54, DRAWN ON BANK
OF AMERICA;" 3) Adopt Resolution No. 23462, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1066724 THROUGH 1066824 IN THE AGGREGATE
AMOUNT OF $535,074.77, DRAWN ON BANK OF AMERICA;" 4) Adopt
Resolution No. 23463, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1066825
THROUGH 1066990 IN THE AGGREGATE AMOUNT OF $2,052,996A8,
DRAWN ON BANK OF AMERICA;" 5) Adopt Resolution No. 23464, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL
WARRANTS FOR THE PERIOD ENDED 10-26-13 BY WARRANTS
NUMBERED 418367 THROUGH 418384 TOTALING $35,719.03,
LIABILITY CHECKS NUMBERED 1066991 THROUGH 1067014
TOTALING $122,942.51 FIVE WIRE TRANSFERS FOR $45,870.92 AND
THREE ELECTRONIC ACH DEBITS OF $1,145,289.07 IN THE
AGGREGATE AMOUNT OF $1,349,821.53, DRAWN ON BANK OF
AMERICA;" 6) Adopt Resolution No. 23465, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1067015 THROUGH 1067122 IN THE AGGREGATE
AMOUNT OF $1,408,294.77, DRAWN ON BANK OF AMERICA;" and 7)
Adopt Resolution No. 23466, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED
1067123 THROUGH 1067127 IN THE AGGREGATE AMOUNT OF
$7,930,70, DRAWN ON BANK OF AMERICA." Approved as part of the
Consent Calendar.
2.D. PROGRAM SUPPLEMENT AGREEMENT NO. N039 WITH THE STATE
OF CALIFORNIA FOR USE OF HBP FEDERAL -AID FUNDS FOR THE
EAST PALM CANYON BRIDGE REHABILITATION OVER PALM
CANYON WASH (BRIDGE NO. 56C-0409) PROJECT FEDERAL -AID
PROJECT NO. BHLS-5282 (041) (CP 12-04):
City Council Minutes
November 20, 2013
Page 9
ACTION: 1) Adopt Resolution No. 23467, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. N039 TO
ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID
PROJECTS NO. 08-5282R WITH THE STATE OF CALIFORNIA, IN THE
AMOUNT OF $787,917.00, FOR THE EAST PALM CANYON BRIDGE
REHABILITATION OVER PALM CANYON WASH PROJECT, FEDERAL -
AID PROJECT NO. BHLS-5282 (041) (CP 12-04);" and 2) Authorize the
City Manager to execute all necessary documents. A6451. Approved as
part of the Consent Calendar.
2.G. APPROVE THE APPLICATION SUBMISSION FOR HOUSING
RELATED PARKS (HRP) GRANT:
ACTION: Adopt Resolution No. 23469, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING THE APPLICATION SUBMISSION FOR HOUSING
RELATED PARKS (HRP) GRANT AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE STANDARD AGREEMENT WITH THE
STATE OF CALIFORNIA AND THE CONTRACTS/AGREEMENTS".
Approved as part of the Consent Calendar.
2.1. ACCEPT THE RESIGNATION OF MARCIA MARTINEAU-LOW FROM
THE VILLAGEFEST BOARD:
ACTION: 1) Accept with regret the resignation of Marcia Martineau -Low;
and 2) Direct the City Clerk to post a notice of vacancy for the unexpired
term ending June 30, 2015. Approved as part of the Consent Calendar.
2.J. LOAN TO SUCCESSOR AGENCY TO COMPLY WITH HEALTH AND
SAFETY CODE SECTION 34179.6(f), IN THE AMOUNT OF $1,500,000:
ACTION: (CITY COUNCIL) 1) Approve issuance of a new loan to the
Successor Agency in the amount of $1,500,000 for the purpose of
complying with Health and Safety Code Section 34179.6(f).
(SUCCESSOR AGENCY) 1) Accept a new loan from the City of Palm
Springs in the amount of $1,500,000; and 2) Adopt Resolution No. 23470,
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS CAPACITY AS THE
SUCCESSOR AGENCY TO THE CITY OF PALM SPRINGS
COMMUNITY REDEVELOPMENT AGENCY, AND IN ITS CAPACITY AS
THE HOUSING SUCCESSOR AGENCY TO THE CITY OF PALM
SPRINGS COMMUNITY REDEVELOPMENT AGENCY, AMENDING THE
SUCCESSOR AGENCY AND HOUSING SUCCESSOR AGENCY
BUDGETS FOR FISCAL YEAR 2013-14." Approved as part of the
Consent Calendar.
City Council Minutes
November 20, 2013
Page 10
2.K. APPROVE AN AMENDMENT TO THE AGREEMENT FOR
PLACEMENT OF ARTWORK ON PRIVATE PROPERTY AND GRANT
OF EASEMENT FOR 810 NORTH FARRELL DRIVE:
ACTION: 1) Approve an amendment to the Agreement for Placement of
Artwork and Grant of Easement Agreement for the public art located at
810 North Farrell Drive; and 2) Authorize the City Manager to execute all
necessary documents. A3738. Approved as part of the Consent
Calendar.
2.L. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of November 6, 2013.
Approved as part of the Consent Calendar.
2.M. APPROVE PURCHASE OF PROPERTY FOR THE DOLCE PROJECT
FROM BENITA JOYCE POTTERS AND THE UNITED STATES
DEPARTMENT OF THE INTERIOR, BUREAU OF INDIAN AFFAIRS
FOR AN APPROXIMATELY 2.89 ACRE PARCEL ON CALLE
ALVARADO NORTH OF AMADO ROAD; APPROVE A VACANT LAND
PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS
WITH PRAETOR INVESTMENTS, LLC, TO FUND THE ACQUISITION
AND ACQUIRE THE PARCEL FROM THE CITY; APPROVE THE
ASSIGNMENT OF A PURCHASE AND SALE AGREEMENT WITH CDI
VENTURES, LLC TO PRAETOR INVESTMENTS, LLC, AND
AFFIRMING THE TIMELINES ESTABLISHED IN THE HOTEL
INCENTIVE PROGRAM BY ORDINANCE NO. 1821 §1 (2013) APPLY
TO THE PROJECT:
ACTION: 1) Approve a memorandum of sale of Allotment No. PS-72A
with Benita Joyce Potters, also known as Benita Joyce Olinger, and the
United States Department of the Interior, Bureau of Indian Affairs, for an
approximately 2.89 acre parcel (Lot 102 of Section 14) on Calle Alvarado,
north of Amado Road, in the amount of $1,735,000, plus interest in
quarterly interest -only payments as set forth and evidenced by a
promissory note; 2) Approve a vacant land purchase agreement and joint
escrow instructions with Praetor Investments LLC to fund the acquisition
of a 2.89+ acre parcel (Lot 102 of Section 14) on Calle Alvarado, north of
Amado Road, in the amount of $1,735,000, plus interest in quarterly
interest -only payments as set forth and evidenced by a promissory note
and provide for the acquisition of the parcel from the City; 3) Adopt
Resolution No. 23471, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE
ASSIGNMENT OF A PURCHASE AND SALE AGREEMENT WITH CDI
VENTURES, LLC APPROVED IN MARCH, 2013 TO PRAETOR
INVESTMENTS, LLC, THE SUCCESSOR IN INTEREST AND
DETERMINING THE TIMELINE DATES ESTABLISHED IN THE HOTEL
INCENTIVE ORDINANCE, AS AMENDED ON MAY 1, 2013, APPLY TO
THIS PROJECT AT CALLE ALVARADO AND AMADO ROAD;" and 4)
City Council Minutes
November 20, 2013
Page 11
Authorize the City Manager to execute all necessary documents. A6453.
Approved as part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2.13. RATIFICATION AND AUTHORIZATION OF EMERGENCY CONTRACTS FOR
DEBRIS CLEANUP AND RESTORATION OF THE CITY'S MUNICIPAL GOLF
COURSE:
Councilmember Hutcheson requested staff address the preparedness of the golf
course for the upcoming Thanksgiving Day holiday and the new season.
ACTION: 1) Ratify the action taken by the City Manager, for the public health and
safety, for the debris cleanup and restoration at the City's Municipal Golf Course
during the local emergency declared by Resolution No. 23436; 2) Authorize the
City Manager to take other such actions as deemed appropriate and necessary
for the restoration in response to the local emergency; and 3) Adopt Resolution
No. 23459, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2013-
14 FOR GOLF COURSE EMERGENCY REPAIRS." Motion Councilmember
Hutcheson, seconded by Councilmember Foat and unanimously carried on
a roll call vote.
2.E. PROGRAM SUPPLEMENT AGREEMENT NO. N038 WITH THE STATE OF
CALIFORNIA FOR USE OF HBP FEDERAL -AID FUNDS FOR THE SOUTH
PALM CANYON BRIDGE REPLACEMENT OVER TAHQUITZ CREEK
(BRIDGE NO. 56C-0408) PROJECT, FEDERAL -AID PROJECT NO. BRLS-
5282 (042) (CP 12-02):
Councilmember Lewin thanked staff for the work on obtaining grants, and
requested staff address bike lanes.
Councilmember Foat commented on reviewing all aspects in the development of
this bridge, including fencing for the bike lanes, and the Tahquitz Creek Master
Plan.
ACTION: 1) Adopt Resolution No. 23468, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
PROGRAM SUPPLEMENT AGREEMENT NO. N038 TO ADMINISTERING
AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 08-
5282R WITH THE STATE OF CALIFORNIA IN THE AMOUNT OF $787,032.00,
FOR THE SOUTH PALM CANYON BRIDGE REPLACEMENT OVER
TAHQUITZ CREEK PROJECT, FEDERAL -AID PROJECT NO. BRLS-5282 (042)
(CP 12-02);" and 2) Authorize the City Manager to execute all necessary
documents. A6452. Motion Mayor Pro Tom Mills, seconded by Mayor
Pougnet and unanimously carried on a roll call vote.
City Council Minutes
November 20, 2013
Page 12
2.F. ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE:
Councilmember Foat stated the City should do some education on this report,
requested City Staff address the availability of data in the preparation of the
report, and requested staff place this on the Human Rights Commission Agenda.
ACTION: Receive and file the City's Analysis of Impediments to Fair Housing
Choice, dated October 2013. Motion Councilmember Lewin, seconded by
Councilmember Foat and unanimously carried on a roll call vote.
2.1-1. INITIATE AN AMENDMENT TO THE PALM SPRINGS ZONING CODE
DEFINING AND SETTING STANDARDS FOR MURALS:
Councilmember Foat commented on the current lack of process.
ACTION: Initiate a Zone Text Amendment pursuant to Palm Springs Zoning
Code Section 92.07.01.A.1.b regarding murals and refer to the Planning
Commission. Motion Mayor Pro Tom Mills, seconded by Councilmember
Foat and unanimously carried on a roll call vote.
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS: None.
S. NEW BUSINESS:
S.A. DISCUSSION OF A PROPOSED TROLLEY PROGRAM TO SERVE THE
DOWNTOWN AND UPTOWN DESIGN DISTRICT ALONG WITH OTHER
POTENTIAL LOCATIONSNENUES:
City Manager Ready provided background information as outlined in the
staff report dated November 20, 2013.
Mayor Pougnet stated his support for staff continuing to work on
developing the program, commented on ACMD and potential grants, the
hours of operation, requested the City Council consider an ad hoc City
Council Subcommittee, and commented on participation by the Agua
Caliente Band of Cahuilla Indians.
Councilmember Lewin stated his support for a proposed trolley program,
his support for daytime operations, options for a shorter loop, the use of
electric vehicles, ensuring stakeholders are participants including funding
commitments.
City Council Minutes
November 20, 2013
Page 13
Councilmember Hutcheson stated his support for this type of program,
commented on daytime operations for lunchtime and shopping
components, stated his support for a pilot project that incorporates several
different concepts.
Councilmember Foat stated her support for a trolley program, requested
staff address funding, and commented on proposed hours of operation.
Mayor Pro Tern Mills commented on incorporating a daytime route, the
opportunities, the development of the program, and stated his support.
ACTION: 1) Direct staff to continue to refine elements of a trolley program
with respect to finalizing cost estimates, sources of funding, operations
procedures, capital equipment acquisitions; 2) Direct staff to return to the
City Council with a comprehensive program; and 3) Appoint
Councilmember Foat and Councilmember Lewin to an ad hoc City Council
Trolley Subcommittee. By unanimous consensus of the City Council.
5.13. APPROVE PURCHASE OF PROPERTY FOR THE DOLCE PROJECT
FROM BENITA JOYCE POTTERS AND THE UNITED STATES
DEPARTMENT OF THE INTERIOR, BUREAU OF INDIAN AFFAIRS
FOR AN APPROXIMATELY 2.89 ACRE PARCEL ON CALLE
ALVARADO NORTH OF AMADO ROAD; APPROVE A VACANT LAND
PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS
WITH PRAETOR INVESTMENTS, LLC, TO FUND THE ACQUISITION
AND ACQUIRE THE PARCEL FROM THE CITY; APPROVE THE
ASSIGNMENT OF A PURCHASE AND SALE AGREEMENT WITH CDI
VENTURES, LLC TO PRAETOR INVESTMENTS, LLC, AND
AFFIRMING THE TIMELINES ESTABLISHED IN THE HOTEL
INCENTIVE PROGRAM BY ORDINANCE NO. 1821 §1 (2013) APPLY
TO THE PROJECT:
Moved to the Consent Calendar as Item 2.M.
S.C. PROPOSED RESOLUTION DECLARING THE RESULTS OF THE
NOVEMBER 5, 2013, REGULAR MUNICIPAL ELECTION:
ACTION: Adopt Resolution No. 23472, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECITING
THE FACT OF THE REGULAR MUNICIPAL ELECTION HELD ON
NOVEMBER 5, 2013, DECLARING THE RESULT AND SUCH OTHER
MATTERS AS ARE PROVIDED BY LAW." Motion Councilmember
Hutcheson, seconded by Councilmember Lewin and unanimously
carried on a roll call vote.
S.D. APPOINTMENT OF MAYOR PRO TEMPORE FOR THE TERM ENDING
DECEMBER 2014:
City Council Minutes
November 20, 2013
Page 14
ACTION: Appoint Councilmember Hutcheson as Mayor Pro Tempore for
the term ending December, 2014. Motion Councilmember Foat,
seconded by Mayor Pro Tern Mills and unanimously carried on a roll
call vote.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Lewin commented on the lack of street improvements on Palm Canyon
near Horizon Mobile Home Park, commented on the State approval of Salton Sea
license plate and requested the CVB market this program, requested staff address the
time frame for the confirmation of Andreas Road as a two-way road, and requested staff
address the lack of signage on the Downtown Revitalization Project.
Councilmember Hutcheson requested the Planning Commission review the request for
unmanned Aerial Systems.
Councilmember Foat commented on the lack of signage at the Downtown Revitalization
Project, and requested the City Manager place on an upcoming agenda a discussion
regarding Indian Canyon as a two-way street.
Mayor Pougnet requested the installation of speed humps on Ramon Road in the
residential zone west to the trail, requested the removal of Measure J signage and the
development of new signage, requested the City Engineer address the priority of street
repairs, commented on the CV Link and the Measure J request for Tahquitz Creek
improvements, and requested the City Manager address soccer in the City of Palm
Springs.
ADJOURNMENT: The City Council adjourned at 9:34 p.m. to Wednesday,
December 4, 2013, 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
4rH DAY OF DECEMBER, 2013.
ATTEST:
;JMES THOMPSON, CITY CLERK
ZLA /,In, ��
S EPH N P. POUGN T, MAYOR