HomeMy WebLinkAbout2018-01-03 CC MINUTESWednesday, January 3, 2018
Minutes of the Regular Meeting of the City Council
CALL TO ORDER
A Regular Meeting of the Palm Springs City Council was called to order by Mayor Moon on
Wednesday, January 3, 2018, at 6:15p.m., in the Council Chamber, City Hall, located at 3200
E. Tahquitz Canyon Way, Palm Springs, California.
PLEDGE OF ALLEGIANCE
Mayor Moon led the Pledge of Allegiance.
ROLLCALL
Present:
Absent:
City Staff
Present:
Councilmembers Christy Holstege, Geoff Kors, Lisa Middleton; Mayor Pro Tern
J.R. Roberts; and Mayor Robert Moon.
None.
David H. Ready, City Manager; Marcus Fuller, Assistant City Manager; Edward
Z. Kotkin, City Attorney; and Anthony J. Mejia, City Clerk, were present at Roll
Call. Other staff members presented reports or responded to questions as indicated
in the minutes.
PRESENTATIONS
None.
ACCEPTANCE OF THE AGENDA
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to accept the agenda as published, with the removal of Item
Nos. lB, lC, lD, IE, lK, and 1M from the Consent Calendar for separate discussion.
REPORT OF CLOSED SESSION
The Regular Closed Session of the City Council of January 3, 2018, was called to order by
Mayor Moon at 4:00p.m., with all members present.
The meeting convened into Closed Session to discuss the following items as listed on the
Regular Closed Session Meeting Agenda:
City Council Minutes January 3, 2018
CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION, Pursuant to
Government Code Section 54956.9(d)(l):
Wessman Holdings, LLC v. City of Palm Springs
Case No. PSC1606436, Riverside Superior Court, Palm Springs Division
Lockwood Ave LLC et al v. City of Palm Springs
Case No. RIC 1703102, Riverside Superior Court, Riverside Division
City of Palm Springs v. 0 & M HR, LLC, et al.
Case Number PSC 1701804, Riverside Superior Court, Palm Springs Division
CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION, Pursuant to
Government Code Section 54956.9(d)(2):
Number of Anticipated Cases: 4
CONFERENCE WITH LEGAL COUNSEL-INITIATION OF LITIGATION, Pursuant to
Government Code Section 54956.9(d)(4):
Number of Cases: 3
PUBLIC EMPLOYEE PERFORMANCE EVALUATION, Pursuant to Government Code
Section 54957(b )(1 ):
Title: City Attorney
CONFERENCE WITH REAL PROPERTY NEGOTIATORS, Pursuant to Government Code
Section 54956.8
Property Address/Description:
Agency:
City Negotiator:
Negotiating Parties:
Under Negotiation:
Property Address/Description:
Agency:
City Negotiator:
Negotiating Parties:
Under Negotiation:
Property Address/Description:
Agency:
City Negotiator:
Negotiating Parties:
Under Negotiation:
1901 E. Baristo Road, APN 502-200-001,-002
City of Palm Springs
David H. Ready, City Manager or Designee
Andrew Starke, Palm Springs Power Baseball Club
Price and Terms of Payment (Lease)
1479 North Palm Canyon Drive
City of Palm Springs
David H. Ready, City Manager or Designee
The Boureston & Sudweeks Company, andY okang Zhou
Price and Terms of Payment (Sale)
3130 North Indian Canyon Drive
City of Palm Springs
David H. Ready, City Manager or Designee
KUD Development, and CHOC (Community Housing
Opportunities Corporation)
Price and Terms of Payment (Sale)
City Attorney Kotkin reported that the City Council received briefings and provided direction to
staff regarding the agendized Closed Session Items, but did not take any reportable action.
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City Council Minutes January 3, 2018
PUBLIC TESTIMONY
David Freedman, member of the Sustainability Commission, speaking on Item No. SE, spoke in
support of the proposed policy, noting that requiring solar panels on new residential
developments will help further the goals stated in the General Plan and Sustainability Plan.
Gretchen Gutierrez, representing the Desert Valleys Builders Association, speaking on Item
No. SE, asserted that the staff report underestimates the costs for residential solar panels; stated
that it will take 11 years to recuperate the initial investment in solar panels; opined that the
proposed policy will cause an increase for new construction homes.
Kim Floyd, Conservation Chair of the local Sierra Club, speaking on Item No. 5E, spoke on the
importance of mitigating climate change impacts, voicing support for the proposed policy.
Ellen Lockert, speaking on Item No. SE, spoke on the impacts of climate change, including
recent severe flooding, wildfires, and hurricanes; voiced support for the proposed policy,
stressing the importance of reducing reliance on fossil fuels and generating renewable energy.
Revone Bauwens, speaking on Item No. SE, reported on the financial and environmental benefits
of making her home solar-powered; urged the City Council to support the proposed policy.
Kathy Weremiuk, Chair of the Planning Commission, spoke in support of Item Nos. 3A, 4A, 4B,
and 5E; suggested that the City Council prioritize an update to the City's General Plan and
Zoning Code; recommended that the solar policy exceptions list include "rent-restricted
affordable rental housing" instead of"low-income housing."
Cathy Brant, speaking on Item No. 1A, commended the hard work of Jeannie Kays, Director of
Library Services, and the Library Department staff; opined that the Library needs additional
librarians, noting that current staffing is at ten librarians.
Mark Kendrick, Speaking on Item No. 4B, opined that Planned Development Districts (PDD)
should not be allowed in Environmentally Sensitive Areas (ESA).
Jane Garrison, representing the Committee to Save Oswit Canyon, speaking on Item No. 4B,
expressed support for clarifying the PDD and Specific Plan process; recommended that the City
Council prohibit any PDD or Specific Plan from increasing density on ESA; suggested that the
City review its canyons and hillsides to determine if new ESA are needed.
Kathie Lehner, speaking on Item No. SE, addressed the threat of climate change and the need for
leaders to take action to decrease dependence on fossil fuels and increase reliance on renewable
energy.
Joy Silver, speaking on Item No. 5E, expressed support for the proposed policy, pointing out that
the policy may spur job growth in the renewable energy industry.
Marvin Roos, speaking on Item 4B, voiced support for the modifications to the PDD process,
noting that past PDD projects resulted in a decrease in overall density.
City of Palm Springs
City Council Minutes January 3, 2018
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS
Councilmember Kors reported on the recent meetings and accomplishments of the various local
tourism organizations.
Councilmember Middleton noted that the Riverside County Transportation Commission
authorized the refinancing of existing bonds, resulting in substantial savings that may be used for
new transportation projects.
Mayor Moon requested that the City Attorney advise whether the City Council may interview
candidates for Boards and Commissions in Closed Session.
City Manager Ready announced that Janice Lopez received the California On-Location Film
Award for Public Employee of the Year.
1. CONSENT CALENDAR
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER KORS,
CARRIED 5-0, to approve the Consent Calendar Item Nos. 1A, IF, lG-IJ, 1L; with Item Nos.
1B-1E, lK, and 1M pulled for separate discussion.
A. PALM SPRINGS BOARD OF LIBRARY TRUSTEES ANNUAL REPORT FOR
FISCAL YEAR2016-17
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to receive and file the Palm Springs Board of Library Trustees
Annual Report for Fiscal Year 2016-17.
B. PURCHASE OF PUBLIC-USE COMPUTERS FOR LffiRARY
This item was excluded from the Consent Calendar. Please refer to Page 7 of these
minutes for a summary of that action.
C. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO
RELEASE SUBDIVISION IMPROVEMENT SECURITIES FOR THE "DESERT
PALISADES" DEVELOPMENT, TRACT MAP 35540
This item was excluded from the Consent Calendar. Please refer to Page 7 of these
minutes for a summary of that action.
D. AMENDMENT N0.1 TO CONSULTANT SERVICES AGREEMENT NO. A5679
WITH DATA TICKET, INC., DBA REVENUE EXPERTS, IN THE AMOUNT OF
$21,600 FOR SERVICES RELATED TO ADMINISTRATIVE CITATION
PROCESSING AND COLLECTION SERVICES
This item was excluded from the Consent Calendar. Please refer to Page 8 of these
minutes for·a summary of that action.
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City Council Minutes January 3, 2018
E. RENEWAL OF AGREEMENT NO. A5724 WITH THE USO, GREATER LOS
ANGELES AREA, INC. FOR A NON-EXCLUSIVE OPERATING AND LEASE
FOR SPACE AT PALM SPRINGS INTERNATIONAL AIRPORT
This item was excluded from the Consent Calendar. Please refer to Page 8 of these
minutes for a summary of that action.
F. ACCEPT FISCAL YEAR 2017-18 EMERGENCY MANAGEMENT
PERFORMANCE GRANT FROM FEDERAL EMERGENCY MANAGEMENT
AGENCY VIA THE CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY
SERVICES AND THE RIVERSIDE COUNTY EMERGENCY MANAGEMENT
DEPARTMENT IN THE AMOUNT OF $13,519 AND FUNDING OF A COURSE
FROM THE CALIFORNIA SPECIALIZED TRAINING INSTITUTE
MOTiON BY MAYOR PRO TEM ROBERTS, SECOND BY COU1'1CiLMEMBER
KORS, CARRIED 5-0, to:
1. Accept the FY 2017-18 Emergency Management Performance Grant through the
California Governor's Office of Emergency Services in the amount of $13,519,
A6925.
2. Authorize the City Manager to contract with the California Specialized Training
Institute (CSTI) through the California Office of Emergency Services (CalOES) for
the course delivery of the Essential EOC Action Planning course in an amount up to
$13,519.
3. Authorize the City Manager to execute all necessary documents.
G. MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR
1840 SOUTH BARON A ROAD, A CLASS 1 HISTORIC SITE, HSPB 93/HD-5
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Approve a Mills Act Historic Property Agreement with Kenneth Cassady and
Sandcliff Homeowners Association, for 1840 South Barona Road, a Class 1 Historic
Site, HSPB 93/HD-5, A7070.
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement.
City Council Minutes January 3, 2018
H. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
MOTION BY MAYOR PROTEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Adopt Resolution No. 24344 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS FOR THE PERIOD ENDED 11-18-2017 BY
WARRANTS NUMBERED 420135 THROUGH 420148 TOTALING $25,867.08
LIABILITY CHECKS NUMBERED 1095828 THROUGH 1095847 TOTALING
$79,219.63, FIVE WIRE TRANSFERS FOR $65,199.22, AND THREE
ELECTRONIC ACH DEBITS OF $1,525,794.74 IN THE AGGREGATE AMOUNT
OF $1,696,080.67, DRAWN ON BANK OF AMERICA."
2. Adopt Resolution No. 24345 entitled "A RESOLUTION OF THE CITY COlJNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1095848 THROUGH
1095997 IN THE AGGREGATE AMOUNT OF $1,979,327.37 DRAWN ON BANK
OF AMERICA."
3. Adopt Resolution No. 24346 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1095998 THROUGH
1096086 IN THE AGGREGATE AMOUNT OF $1,420,256.75 DRAWN ON BANK
OF AMERICA."
I. ADMINISTRATIVE APPEALS BOARD HEARING DECISIONS
MOTION BY MAYOR PROTEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to receive and file the Administrative Appeals Board decisions
from the December 4, 2017 hearings.
J. APPOINTMENTS TO THE MEASURE "J" OVERSIGHT COMMISSION FOR
THE UNEXPIRED TERMS ENDING JUNE 30, 2020, AND AUTHORIZING A
COMMISSIONER TO SERVE CONCURRENTLY ON MORE THAN ONE
BOARD OR COMMISSION
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
1. Allow a waiver of the requirements of Section 6 of Resolution No. 14547 to authorize
Sid Craig to serve concurrently on more than one board or commission until his
vacancy is filled on the Parks and Recreation Commission and direct the City Clerk to
post a notice of vacancy and schedule interviews for appointment.
2. Appoint Sid Craig and David Gray to the Measure "J" Oversight Commission for the
unexpired terms ending June 30, 2020.
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City Council Minutes January 3, 2018
K. APPOINTMENTS TO THE PLANNING COMMISSION FOR THE UNEXPIRED
TERMS ENDING JUNE 30, 2019, AND JUNE 30, 2020
This item was excluded from the Consent Calendar. Please refer to Page 9 of these
minutes for a summary of that action.
L. APPOINTMENT TO THE SUSTAINABILITY COMMISSION FOR THE
UNEXPIRED TERM ENDING JUNE 30, 2018
MOTION BY MAYOR PROTEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to appoint Jessica Spry to the Sustainability Commission for the
unexpired term ending June 30, 2018.
M. APPROVAL OF CITY COUNCIL MINUTES
This item was excluded from the Consent Calendar. Please refer to Page 9 of these
minutes for a summary of that action.
EXCLUDED CONSENT CALENDAR
B. PURCHASE OF PUBLIC-USE COMPUTERS FOR LIBRARY
Councilmember Kors pointed out that the Library will soon have 26 new computers
available for free public-use.
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to:
I. Approve the purchase oftwenty six (26) new Dell OptiPlex 7450 AIO in the amount
of $29,939.82 inclusive of all applicable taxes and fees utilizing the NASPO
ValuePoint national cooperative purchase contract from Dell.
2. Authorize the City Manager to execute all necessary documents.
C. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO
RELEASE SUBDIVISION IMPROVEMENT SECURITIES FOR THE "DESERT
PALISADES" DEVELOPMENT, TRACT MAP 35540
In response to City Council inquiry, Assistant City Manager Fuller suggested that the City
Council could modify the resolution to release the subject securities, with the exception of
$50,000 subject to the installation of the interpretative plaques at the trailheads; advised that
City staff has reviewed the pavement condition on Racquet Club Road and determined that
repairs, needed due to the undergrounding of utilities, were completed in accordance with
City standards; noted that Southern California Edison caused excess excavation spoils to be
placed on the north-side of Racquet Club Road and the developer was required to remove
the spoils and stabilize the site, noting that historic street photos shows that the rock berm
existed along Racquet Club Road; reported that the event house has been sold by the
developer, noting that the Conditions, Covenants, and Restrictions (CCRs) prohibit short-
term rentals within the development.
City of Palm Springs
City Council Minutes January 3, 2018
Planning Services Director Fagg advised that City staff will re-inspect the trail providing
access to Tramway Road to ensure that it complies with the approved landscape plans,
prior to releasing the subject securities.
MOTION BY COUNCILMEMBER HOLSTEGE , SECOND BY MAYOR PRO TEM
ROBERTS, CARRIED 5-0, to adopt Resolution No. 24343 entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING ACCEPTANCE OF THE SUBDIVISION IMPROVEMENTS
ASSOCIATED WITH TRACT MAP 35540 AND AUTHORIZING RELEASE OF
SECURITIES REQUIRED BY THE SUBDIVISION IMPROVEMENT AGREEMENT
WITH PINNACLE VIEW, LLC, FOR PROPERTY LOCATED AT THE WESTERLY
TERMINUS OF RACQUET CLUB ROAD, IN SECTION 4, TOWNSHIP 4 SOUTH,
RANGE 4 EAST," with direction to obtain a separate cash security for the installation of
interpretive plaques at trailheads.
D. AMENDMENT NO. 1 TO CONSULTANT SERVICES AGREEMENT NO. A5679
WITH DATA TICKET, INC., DBA REVENUE EXPERTS, IN THE AMOUNT OF
$21,600 FOR SERVICES RELATED TO ADMINISTRATIVE CITATION
PROCESSING AND COLLECTION SERVICES
The City Council directed the City Attorney to ensure that the executed agreement
contains the appropriate verbiage related to non-discrimination and equal benefits.
MOTION BY COUNCILMEMBER KORS , SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Approve Amendment No . 1 to Consultant Services Agreement No. A5679 with Data
Ticket, Inc ., dba Revenue Experts, in the amount of $21,600 for an increased total not
to exceed contract amount of $39,600 for administrative citation processing and
collection services, subject to City Attorney approval of the final agreement.
2. Authorize the City Manager to execute all necessary documents.
E. RENEWAL OF AGREEMENT NO. A5361 WITH THE USO, GREATER LOS
ANGELES AREA, INC. FOR A NON-EXCLUSIVE OPERATING AND LEASE
FOR SPACE AT PALM SPRINGS INTERNATIONAL AIRPORT
The City Council directed the City Attorney to ensure that the executed agreement
contains the appropriate verbiage related to non-discrimination and equal benefits.
Mayor Moon noted that the USO is a volunteer-based organization, receives no direct
monetary contributions from the City, and provides services which benefits our soldiers
and their families; requested that the City Council consider waiving the utility costs for
the USO.
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City Council Minutes January 3, 2018
MOTION BY MAYOR MOON, SECOND BY MAYOR PRO TEM ROBERTS,
CARRIED 5-0, to:
I. Approve a Lease Agreement Renewal with the USO -Greater Los Angeles Area,
Inc., effective November I , 2017, to October 31, 2021, under a fixed, one-year
agreement with three, one-year options at the lease rate of $1 per annum, A5361; as
modified to provide for the waiver of $5,000 for the annual utility costs.
2. Authorize the City Manager to execute all necessary documents.
K. APPOINTMENTS TO THE PLANNING COMMISSION FOR THE UNEXPIRED
TERMS ENDING JUNE 30, 2019, AND JUNE 30, 2020
Councilmember Middleton requested that City staff seek an opinion from the Fair
Political Practices Commission regarding a potential conflict of interest related to the
relationship between Dennis Woods, being considered for the Planning Commission, and
a member of the Architectural Advisory Committee; noted that the Planning Commission
is the appeal body for the decisions of the Architectural Advisory Committee.
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to appoint Peter Moruzzi to the Planning Commission for
the unexpired terms ending June 30, 2020.
M. APPROVAL OF CITY COUNCIL MINUTES
Councilmember Kors requested that City staff ensure that the actions reflected for Item
4B are consistent with the verbiage contained in Ordinance No. 1943.
MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
ROBERTS , CARRIED 5-0, to table the City Council Minutes of December 6, 2017.
2. PUBLIC HEARINGS
A. CALLING AND CONDUCTING A SPECIAL ELECTION AND INTRODUCING
AN ORDINANCE AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN
ANNEXATION NO. 18 TO COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
City Clerk Mejia presented the staff report.
Mayor Moon opened and closed the Public Hearing, there being no one desiring to speak
on this item.
City Clerk Mejia conducted the consolidated election, noting that the property owner
voted in favor of the annexation .
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City Council Minutes January 3, 2018
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
1. Adopt Resolution No. 24347 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING
ANNEXATION NO. 18, ENCLAVE AT BARISTO, TRACT MAP NO. 37245,
INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1, (PUBLIC SAFETY
SERVICES), AUTHORIZING THE LEVY OF A SPECIAL TAX, AND
SUBMITTING THE LEVY OF A SPECIAL TAX TO QUALIFIED ELECTORS."
2. Adopt Resolution No. 24348 entitled "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
RECORDll~G OF A"t~ A~viE't~DrvfENT TO 't~OTICE OF SPECIAL TAX LIE!~ FOR
ANNEXATION NO. 18, ENCLAVE AT BARISTO, TRACT MAP NO. 37245,
INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1, (PUBLIC SAFETY
SERVICES).
3. Introduce Ordinance No. 1947 entitled "AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAXES IN A
COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION
TERRITORY IDENTIFIED AS ANNEXATION NO. 18, ENCLAVE AT BARISTO,
TRACT MAP NO. 37245, INTO COMMUNITY FACILITIES DISTRICT NO. 2005-
1, (PUBLIC SAFETY SERVICES).
3. LEGISLATIVE
A. PROPOSED ORDINANCE AMENDING AND SUPERSEDING CHAPTER 5.81
RELATING TO ART MURALS ON PRIVATE PROPERTY
Planning Services Director Fagg presented the staff report and responded to City Council
mqUines.
City Manager Ready noted that the Public Arts Commission unanimously voted to
support the proposed ordinance and that Chair Sheffer supports removing the provision
related to a minimum length of time art murals must be maintained.
Councilmember Middleton recommended that art mural applications be approved by the
Public Arts Commission, subject to appeal to the City Council.
In response to City Council inquiry, City Attorney Kotkin advised that property owners
will be responsible for the administrative penalty associated with violating these
regulations.
The City Council requested that City staff provide infonnation regarding the proposed
regulations on the City's website and send notification to local business associations.
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City Council Minutes January 3, 2018
Following discussion, MOTION BY MAYOR PROTEM ROBERTS, SECOND BY
COUNCILMEMBER KORS, CARRIED 5-0, to:
1. Introduce Ordinance No. 1948 entitled "AN ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING AND SUPERSEDING CHAPTER
5.81 OF THE PALM SPRINGS MUNICIPAL CODE REGARDING THE
REGULATION OF ORIGINAL ART MURALS," with the following modifications:
a. Standardize all references to "City Council consideration" and "City Council
authorization."
b. Add clarifying verbiage to the Purpose section indicating that art murals may be
approved for short-term specific events as well as long-term art murals and
eliminate sections related to specific time limitations for art murals.
c. ModifY Section 5.81.070(a), Nuisance, to read as follows "Any mural created and
installed without City approval or not maintained pursuant to this Chapter is and
shall be deemed 'graffiti' ... "
d. ModifY Section 5.81.070(b), Administrative Penalty, to indicate that applicants
may submit a mural application rather than remove an unpermitted mural, but will
remain subject to administrative penalties.
2. Direct City staff to place art mural applications on the City Council Consent Agenda,
upon approval by the Public Arts Commission.
3. Adopt Resolution No. 24349 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, MODIFYING USER FEES
FOR ART MURAL APPLICATIONS AND AMENDING THE COMPREHENSIVE
FEE SCHEDULE ADOPTED BY RESOLUTION NO. 23854."
B. PROPOSED ORDINANCE AMENDING AND SUPERSEDING CHAPTER 8.80
OF, ADDING SECTION 11.72.162 TO, AND AMENDING SECTIONS 11.72.170,
11.72.197 AND 11.72.245 OF THE PALM SPRINGS MUNICIPAL CODE,
RELATING TO VACANT BUILDINGS AS BUILDING CODE VIOLATIONS
AND/OR PUBLIC NUISANCES, AND PROVIDING FOR THE ABATEMENT OF
BLIGHTED PROPERTY
City Manager Ready presented the staff report and responded to City Council inquiries.
In response to City Council inquiry, City Attorney Kotkin advised that the proposed
ordinance eliminates consideration of economic hardships, noting the likelihood that a
property owner in financial hardship would reside within their residence and would
therefore not be subject to these regulations.
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City Council Minutes January3, 2018
Following discussion, MOTION BY MAYOR PROTEM ROBERTS, SECOND BY
COUNCILMEMBER KORS, CARRIED 5-0, to:
I. Introduce Ordinance No. 1949 entitled "AN ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING AND SUPERSEDING CHAPTER
8.80 OF, ADDING SECTION 11.72.162 TO, AND AMENDING SECTIONS
11. 72.170, 1 L 72.197 AND 11.72.245 OF THE PALM SPRINGS MUNICIPAL
CODE, RELATING TO VACANT BUILDINGS AS BUILDING CODE
VIOLATIONS AND/OR PUBLIC NUISANCES, AND PROVIDING FOR THE
ABATEMENT OF BLIGHTED PROPERTY," with the following modifications:
a. Modify applicable provisions to indicate that these regulations shall apply to
vacant residential structures, excluding condominium units.
b. Revise the definition of "DowTitown/1Jptown" to extend south to ~v1esquite
Avenue and apply the provisions applicable to the "Downtown/Uptown" to all
primary commercial corridors.
c. Modify Sections 8.80.160 and 8.80.170 to refer to business days rather than
calendar days.
2. Adopt Resolution No. 24350 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, MODIFYING USER FEES
FOR ANNUAL VACANT COMMERCIAL BUILDING MONITORING AND
AMENDING THE COMPREHENSIVE FEE SCHEDULE ADOPTED BY
RESOLUTION NO. 23854."
3. Direct City staff to evaluate and recommend a reduced vacant residential building
monitoring administrative fee.
MEETING RECESSED AND RECONVENED
The City Council recessed at 8:35p.m. and reconvened at 8:45p.m., with all members present.
4. UNFINISHED BUSINESS
A. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH RIOS
CLEMENTI HALE STUDIOS TO PROCEED WITH SCHEMATIC DESIGN,
DESIGN DEVELOPMENT, CONSTRUCTION DOCUMENTS, BIDDING
SERVICES, CONSTRUCTION ADMINISTRATION, AND WARRANTY PHASE
SERVICES AS SOCIA TED WITH THE DOWNTOWN PARK, CP 15-07
Assistant City Manager Fuller presented the staff report and responded to City Council
mqumes.
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City Council Minutes January 3, 2018
In response to City Council inquiries, Nate Cormier, Principal Landscape Architect with
Rios Clementi Hale Studios, addressed the constraints of the proposed timeline for
completing the Downtown Park, noting that the timeframe for the City's review process
is likely the only area that could be reduced; pointed out that the proposed fee schedule
complies with industry standards, noting that his firm has made diligent efforts to reduce
their fees as well as the subcontractors fees.
The City Council directed the City Attorney to ensure that the executed agreement
contains the appropriate verbiage related to non-discrimination and equal benefits.
MOTION BY MAYOR PROTEM ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to:
a. Cancel Professional Services Agreement with Urrutia A. LA. and Associates, Inc., dba
Urrutia Architects, in the original amount of $396,575, A6720.
b. Cancel Professional Services Agreement with MSA Consulting, Inc., in the original
amount of $170,700, A6721.
c. Cancel Professional Services Agreement with RGA Landscape Architects, Inc., in the
original amount of$86,800, A6722.
d. Cancel Professional Services Agreement with MRC Engineering, Inc., in the original
amount of $30,000, A6723.
e. Approve Agreement No. A 7071 with Rios Clementi Hale Studios in the amount of
$924,260 for professional landscape architectural and related design services
including the Schematic Design, Design Development, Construction
Documents/Permitting, Bidding, Construction Observation, and Warranty Phases for
the Downtown Park, CP 15-07, subject to City Attorney approval of the final
agreement.
f. Expand the Ad-Hoc Downtown Park Subcommittee for Major Architectural Review
to include:
a. Architectural Advisory Committee (2)
b. Measure J Commission (2)
c. Parks and Recreation Commission (2)
d. Planning Commission (2)
e. Public Arts Commission (1)
g. Authorize the City Manager to execute all necessary documents.
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City Council Minutes January 3, 2018
B. REVIEW OF THE RECOMMENDATIONS OF THE AD HOC PDD
COMMITTEE REGARDING CHANGES TO THE PLANNED DEVELOPMENT
DISTRICT PROCESS AND PROPOSED IMPLEMENTATION WORK PLAN
Planning Services Director Fagg presented the staff report and responded to City Council
inquiries.
Councilmember Middleton requested that the Planning Commission consider the
definition of "Public Benefit" and whether it should solely be considered affordable
housing set-aside from the overall project or a contribution to an affordable housing fund.
The City Council spoke on the importance of updating the General Plan and Zoning Code
and provided direction to City staff to seek cost estimates and to begin exploring funding
options for the City Council's consideration. It was noted that it may be more affordable
and desirable to begin updating the Zoning Code in the near future.
In response to City Council inquiry, Kathy Weremiuk, Chair of the Planning
Commission, conveyed support for allowing a small lot development exemption for
affordable housing developments.
The City Council directed City staff to clarify where appropriate that clustering of
housing in environmentally sensitive areas is intended to preserve open space and should
not result in an increase in density than otherwise would be permitted by the underlying
zomng.
5. NEW BUSINESS
A. APPROVAL OF A FIVE-YEAR LEASE WITH TCF EQUIPMENT FINANCE
FOR NEW REPLACEMENT MAINTENANCE EQUIPMENT FOR THE
TAHQUITZ CREEK GOLF COURSE IN AN AMOUNT NOT TO EXCEED
$1,015,000
Assistant City Manager Fuller presented the staff report and responded to City Council
mqumes.
Mayor Moon recommended utilizing the insurance proceeds from the March 2017 wind
storm event ($329,336) and applying said funds towards removal of tamarisk trees at the
Tahquitz Creek Golf Course.
City Manager Ready advised that a short-term loan from the General Fund to the Golf
Fund will be needed, pending fmal approval of the insurance claim for the damaged golf
equipment.
City of Palm Springs Page 14
City Council Minutes January 3, 2018
MOTION BY MAYOR MOON, SECOND BY COUNCILMEMBER MIDDLETON,
CARRIED 5-0, to:
1. In accordance with Palm Springs Municipal Code Section 7.04.030, "Special
Expertise Procurement," approve the purchase of 30 various items of equipment for
the Tahquitz Creek Golf Course through TCF Equipment Finance, a division of TCF
National Bank, through Master Equipment Lease Purchase Agreement No. 185560L,
for a lease-to-own purchase cost of$1,014,725.14, A7072.
2. Adopt Resolution No. 24351 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE
NEGOTIATION, EXECUTION, AND DELIVERY OF MASTER EQUIPMENT
LEASE PURCHASE AGREEMENT NO. 185560L DATED DECEMBER 22, 2017,
AND SCHEDULE NO. 008-0185560-300 THERETO, TOGETHER WITH THE
RELATED ESCRO\V AGREEtvfENT, IF Al~~{ (THE HLEASE") il~ PRTI~CIPAL
AMOUNT NOT TO EXCEED $1,014,725.14, BETWEEN CITY OF PALM
SPRINGS, AND TCF EQUIPMENT FINANCE, A DIVISION OF TCF NATIONAL
BANK; AND PRESCRIBING OTHER DETAILS IN CONNECTION
THEREWITH."
3. Authorize the City Manager to execute all necessary documents.
4. Authorize an inter-fund cash transfer from the General Fund to the Golf Fund in the
amount of$329,336.
B. COOPERATIVE AGREEMENT WITH THE COUNTY OF RIVERSIDE,
RIVERSIDE UNIVERSITY HEALTH SYSTEM-BEHAVIORAL HEALTH FOR
HOMELESS OUTREACH SERVICES
Economic Development Director Virata presented the staff report.
In response to City Council inquiry, Director Virata advised that the City will need to
discuss the scope of work for a case manager and employment specialist for submittal to
community service providers.
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Approve a Cooperative Agreement with the County of Riverside, Riverside
University Health System-Behavioral Health for Homeless Outreach Services, in the
amount of$330,000 annually, A7073.
2. Authorize the City Manager or designee to execute all necessary documents.
City of Palm Springs Page 15
City Council Minutes January 3, 2018
C. AMENDMENT NO. 1 TO THE ALLOCATED POSITIONS AND
COMPENSATION PLAN -ADDING FOUR POLICE OFFICERS, TWO
COMMUNITY SERVICE OFFICERS, SIX FIRE FIGHTER/PARAMEDICS,
AND ONE ACCOUNT ANT
City Manager Ready presented the staff report and responded to City Council inquiries.
MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to:
1. Adopt Resolution No. 24352 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
AMENDMENT NO. 1 TO THE ALLOCATED POSITIONS AND
COMPENSATION PLAN FOR FISCAL YEAR 2017-2018, ADOPTED BY
RESOLUTIO}~ 24237."
2. Authorize the City Manager to execute all necessary documents.
D. ADOPTION OF A WASTEWATER FUND PLEDGED REVENUE RESOLUTION
FOR A CLEAN WATER STATE REVOLVING FUND LOAN ASSOCIATED
WITH THE CONSTRUCTION OF A BIOGAS-TO-ENERGY PROJECT AT THE
WASTEWATER TREATMENT PLANT, CP 15-26
Assistant City Manager Fuller presented the staff report and responded to City Council
mqumes.
Mayor Moon requested that the staff report for project approval include an analysis on
the efficiency of the technology and an estimated cost of operations and maintenance
over the lifecycle of the project.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
ROBERTS, CARRIED 5-0, to adopt Resolution No. 24353 entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
PLEDGING ITS WASTEWATER ENTERPRISE FUNDS AS PAYMENT TO THE
STATE WATER RESOURCES CONTROL BOARD UNDER THE CLEAN WATER
STATE REVOLVING FUND FOR CONSTRUCTION OF A BIOGAS-TO-ENERGY
PROJECT AT THE WASTEWATER TREATMENT PLANT, CP 15-26.
E. DISCUSSION REGARDING A PROPOSED POLICY TO ALLOW THE
REQUIREMENT FOR SOLAR PHOTOVOLTAIC SYSTEMS AS PART OF
DISCRETIONARY APPROVALS FOR NEW RESIDENTIAL DEVELOPMENT
Planning Services Director Fagg presented the staff report and responded to City Council
mqumes.
Councilmember Kors recommended modifYing the policy to eliminate the exemption for
low-income housing developments, and instead reflect that low-income housing
City of Palm Springs Page 16
City Council Minutes January 3, 2018
developments should receive a waiver if installing a solar photovoltaic system would
negatively impact the fmancial viability of the project.
Councilmember Middleton conveyed a desire for the policy to reflect that it is the City
Council's preference that solar photovoltaic systems be installed on all new residential
developments unless the applicant can demonstrate a need to reduce or eliminate the
requirement, subject to appeal to the Planning Commission and City Council.
Mayor Pro Tern Roberts and Councilmember Holstege expressed support for the policy
and associated modifications, noting their desire to ensure that the Planning Commission
has the discretion to waive the requirements, when appropriate.
Following discussion, MOTION BY COUNCILMEMBER MIDDLETON, SECOND
BY COUNCILMEMBER KORS, CARRIED 5-0, to adopt Resolution No. 24354 entitled
"A DQ<:'I'"\TTT'T'TI'"\.,._T 1'"\t;' 'T'Ut;' I"T'T'V 1"1'"\Tr....Tr<TT 1'"\t;' 'T'UD r<T'T'V 1'"\t;' DAT1\K CDDThT/C'-C' ~ ~~U'-'.L.IU~.l.'-'.1."<1 '-1.1.-.l..l..l..LJ '-'.1..1. .1. V'-.JU.l'l'-'.1..1....1 '-.1'.1." .l.J.l..L 'L.-.. LL .1. '-.J'.l' .1.rl.Lll'.l rJ.l.l'\..11'1'-..Jt..~,
CALIFORNIA, ESTABLISHING A POLICY FOR THE PROVISION OF SOLAR
PHOTOVOLTAIC SYSTEMS AS PART OF DISCRETIONARY APPROVALS FOR
NEW RESIDENTIAL DEVELOPMENT," with the following modifications:
a. Paragraph I of the City Council Policy Statement for Solar Photovoltaic Systems for
New Residential Development, shall read as follows "In order to achieve the City's
goals for energy efficiency and greenhouse gas reduction, pursuant to the City of
Palm Springs ·General Plan and adopted Sustainability Plan, solar photovoltaic
systems ma-y be reEil=lired shall be given preference to requiring as part of the
discretionary review process for new residential development in accordance with the
provisions listed below."
b. The policy be modified to reflect that the Planning Commission has discretion to
waive installation of photovoltaic systems if doing so would negatively impact the
viability of a low-income housing project.
c. Addition of the following verbiage "The applicant is responsible for demonstrating
the need to reduce the required wattage, or to eliminate the requirement. The
applicant may appeal such a determination by the Director of Planning Services to the
Planning Commission in accordance with the relevant provisions of the Zoning Code
and a determination by the Planning Commission may be appealed to the City
Council in accordance with Chapter 2.05 of the Palm Springs Municipal Code."
PUBLIC COMMENT
Shawn Nicholson, requested that the City Council support Senate Bill 330 to authorize cities and
counties to waive or reduce all building permit fees for improvements to a home of a veteran
with a qualifying disability that are made to accommodate that disability.
Mayor Pro Tern Roberts left the Council Chamber at 10:24 p.m.
Thomas Worthy, stated that he did not attack someone for their sexual orientation at the City
Council meeting of December 13, 2017; stated that his intentis to attack Councilmember Kors
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City Council Minutes January 3, 2018
and Mayor Pro Tern Roberts for hypocrisy and this "LGBT"; continued to escalate his yelling
and use of profanity in an unintelligible manner.
Les Young, requested that the City Council reconsider its decision regarding a potential
Government Code Section 1090 claim as it relates to the Virgin Hotel.
Mayor Pro Tern Roberts returned to the Council Chamber at 10:27 p.m.
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT
Mayor Moon requested that the City enhance its public noticing regarding available parking at
the new parking structure in the Downtown area; encouraged residents to participate in the
Martin Luther King Jr. Day celebration at the Church of St. Paul in the Desert on January 14,
2018.
Councilmember Kors encouraged residents to volunteer for the point-in-time homeless count
scheduled for January23, 2018.
Councilmember Middleton noted that City staff is aware of Senate Bill 330 and will bring
forward a recommendation at a future City Council meeting.
ADJOURNMENT
At 10:30 p.m., the City Council adjourned to an Adjourned Regular Meeting of the City Council
to be held on January 24, 2018 at 6:00p.m. in the Council Chamber, City Hall, located at 3200
East Tahquitz Canyon Way, Palm Springs, California.
City of Palm Springs Page 18