Video index
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
Roll Call: 6 members present, 0 members absent, 0 members excused.
PRESENTATIONS:
REPORT OF CLOSED SESSION:
ACCEPTANCE OF THE AGENDA:
Councilmember Foat noted her abstention on Item 2.C. Warrant No. 1083193, and requested Item 2.G. be removed from the Consent Calendar for separate discussion.
Mayor Pro Tem Mills noted his business related abstention on Consent Calendar Item 2.G.
Councilmember Roberts noted his abstention on Item 2.C. Warrant No. 1083194, and requested Items 2.G. and 2.H. be removed from the Consent Calendar for separate discussion.
Councilmember Kors noted his abstention on Item 2.C. Warrant No. 1083211, and requested Item 2.B. be removed from the Consent Calendar for separate discussion.
Mayor Moon noted his abstention on Item 2.C. Warrant No. 1083240.
Motion to approve Accept the Agenda as amended. Moved by Mayor Moon, seconded by Councilmember Foat.
Vote to approve Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
1.A. ROBERT HERSCU OF SOUTH PALM CANYON, LLC, APPEALING THE DECEMBER 9, 2015, DECISION OF THE PLANNING COMMISSION TO DENY A REQUEST FOR A ONE-YEAR EXTENSION OF TIME FOR A PREVIOUSLY APPROVED MIXED-USE PLANNED DEVELOPMENT DISTRICT CONSISTING OF 125 CONDOMINIUM UNITS AND APPROXIMATELY 39,000-SQUARE FEET OF COMMERCIAL RETAIL SPACE ON A 2.67-ACRE SITE LOCATED AT 440-490 SOUTH PALM CANYON DRIVE (PDD 311):
Item 1A Staff Report
Flinn Fagg, Director of Planning Services, provided background information as outlined in the Staff Report dated February 3, 2016.
Councilmember Roberts questioned if any new additional information has been received indicating forward progress.
Mayor Moon questioned the funds spent thus far for the development.
Mayor Moon opened the public hearing, and the following speakers addressed the City Council.
BRIAN LINNEKENS, Applicant, commented on the background and the history of the project, and requested the City Council consider approving the extension.
MARVIN ROOS, Palm Springs, commented on the City Council approval of the progress, the project can move forward now that litigation has been resolved, and stated there is a current and valid tract map for the project.
PAUL MEDIANO, Palm Springs, requested the City Council consider extending the entitlements for one additional year.
JOY BROWN MEREDITH, requested the City Council consider the one-year extension for the entitlements.
JIM STUART, commented on the cause of the delay and requested the City Council consider a one-year extension of the entitlements.
No further speakers coming forward, the public hearing was closed.
Councilmember Roberts commented on the proceedings before the Planning Commission, stated no progress has been made on the project, commented on the scale and density of the project, and stated the Applicant has been given sufficient time with no progress being made.
Mayor Pro Tem Mills stated the project meets the Downtown guidelines, commented on the height of the building, commented on his frustrations with the delay and noted the causes of the delay, stated his support to extend the entitlements for eight-months conditioned to include significant progress on the project, and requested the trees removed from the site be replaced.
Councilmember Kors requested the Applicant address the lack of documentation to show progress, the progress on financing the project, expectations of what may be accomplished in the next eight-months, and requested Staff comment on the Planning Commission discussion regarding the project.
Councilmember Foat stated her support for the project when it was approved ten-years ago, the property has been a problem property, noted code enforcement issues at the project site, commented on the request of time for up to two-years, and the project as approved.
Councilmember Roberts commented on recent comparisons that are under construction, commented on the final design, and stated the project needs to be reconsidered.
Mayor Moon stated the City has changed, and the building is currently not the right one for the site.
Mayor Pro Tem Mills stated the drawings are working drawings, noted the anchoring of the project on the south end of Downtown, and requested the City Council consider an eight-month extension.
Councilmember Roberts commented on the retail south of Ramon, stated the Downtown is extending to the south, and the project should be reconsidered.
BRIAN LINNEKENS, Rebuttal, stated he shares the frustrations of the City Council and they have not given up on the project, and provided some details on the height and the setback of the revised project, and stated he is asking for an eight-month extension.
Motion to approve 1) Closed the public testimony portion of the public hearing; 2) Continue the Council deliberations and the public hearing to February 17, 2016; and 3) Direct the City Clerk to post a Notice of Continued Public Hearing pursuant to law. Moved by Mayor Pro Tem Mills, seconded by Councilmember Kors.
Vote to approve 1) Closed the public testimony portion of the public hearing; 2) Continue the Council deliberations and the public hearing to February 17, 2016; and 3) Direct the City Clerk to post a Notice of Continued Public Hearing pursuant to law. (Approved)
1.B. PS TEAM, LLC, ON BEHALF OF THE OWNER, AIC CAPITAL, LLC FOR A TENTATIVE PARCEL MAP (TPM) TO SUBDIVIDE A 0.46-ACRE PARCEL INTO TWO PARCELS AT 2732 NORTH CARDILLO ROAD AND ADOPTING A CEQA CLASS 32 CATEGORICAL EXEMPTION (CASE TPM 36958):
Item 1B Staff Report
Flinn Fagg, Director of Planning Services, provided background information as outlined in the Staff Report dated February 3, 2016.
Councilmember Kors requested Staff address the members of the LLCs.
Mayor Moon opened the public hearing, and the following speakers addressed the City Council.
MARVIN ROOS, Representing Applicant, stated the members of the two LLCs are the same principals, and requested the City Council approve the tentative parcel map.
ROBERT STONE, stated the request is reasonable and requested the City Council approve the tentative parcel map.
No further speakers coming forward, the public hearing was closed.
Councilmember Foat requested clarification on the two properties and questioned the conditions to build a sidewalk and the sewer system requirements.
Mayor Pro Tem Mills questioned clarification on the conditions regarding street improvements.
Motion to approve Adopt Resolution No. 23962, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A TENTATIVE PARCEL MAP (TPM) TO SUBDIVIDE A 0.46-ACRE PARCEL INTO TWO LOTS AND ADOPTING A CLASS 32 (INFILL) CATEGORICAL EXEMPTION UNDER CEQA FOR PROPERTY LOCATED AT 2732 NORTH CARDILLO ROAD (ZONE R-1-C / RGA-6) (CASE TPM 36958).” Moved by Councilmember Roberts, seconded by Mayor Pro Tem Mills.
Vote to approve Adopt Resolution No. 23962, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A TENTATIVE PARCEL MAP (TPM) TO SUBDIVIDE A 0.46-ACRE PARCEL INTO TWO LOTS AND ADOPTING A CLASS 32 (INFILL) CATEGORICAL EXEMPTION UNDER CEQA FOR PROPERTY LOCATED AT 2732 NORTH CARDILLO ROAD (ZONE R-1-C / RGA-6) (CASE TPM 36958).” (Approved)
1.C. HISTORIC DISTRICT DESIGNATION FOR THE SANDCLIFF CONDOMINIUMS AND ADOPTING A CLASS 31 CATEGORICAL EXEMPTION UNDER CEQA FOR PROPERTY LOCATED AT 1800 BARONA ROAD (CASE HSPB 93 / HD 5):
Item 1C Staff Report
Flinn Fagg, Director of Planning Services, provided background information as outlined in the Staff Report dated February 3, 2016.
Councilmember Foat questioned if the three owners that opposed were notified, and the deletion of names on the petitions.
Mayor Moon opened the public hearing, and the following speakers addressed the City Council.
RON MARSHALL, Applicant, commented on the process with the owners for the designation, and requested the City Council approve the designation.
JACK WEBSTER, no information has been provided by Sandcliff Condominiums, stated photos of his home and vehicle were in the file as a public document, and requested the City Council postpone the hearing and meet with all homeowners.
KITTY MAHON, commented on the design of Sandcliff Condominiums, the condition of the property, stated the owners are generally in support of the designation, and requested the City Council support the designation.
ALLEN WORTHY, stated the property does not warrant the historic designation.
No further speakers coming forward, the public hearing was closed.
Councilmember Roberts questioned the process of the designation and the impact of a designation.
Councilmember Kors stated he toured the property and stated the property meets the criteria for historic designation.
Mayor Moon stated he visited the site and appreciated the work done by the HSPB, and stated his support for the designation.
Motion to approve Adopt Resolution No. 23963, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE SANDCLIFF GARDEN APARTMENT HOMES CONDOMINIUMS AS HISTORIC DISTRICT NO. 5 AND ADOPTING A CLASS 31 CATEGORICAL EXEMPTION UNDER CEQA FOR PROPERTY LOCATED AT 1800 BARONA ROAD (CASE HSPB 93 / HD 5).” Moved by Councilmember Kors, seconded by Councilmember Roberts.
Vote to approve Adopt Resolution No. 23963, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE SANDCLIFF GARDEN APARTMENT HOMES CONDOMINIUMS AS HISTORIC DISTRICT NO. 5 AND ADOPTING A CLASS 31 CATEGORICAL EXEMPTION UNDER CEQA FOR PROPERTY LOCATED AT 1800 BARONA ROAD (CASE HSPB 93 / HD 5).” (Approved)
1.D. CONSIDERATION OF AN AMENDMENT TO THE MUSEUM MARKET PLAZA SPECIFIC PLAN AND ADDENDUM NO. 2 TO THE FINAL ENVIRONMENTAL IMPACT REPORT (CASE NO. 5.1204 SP A-1):
Item 1D Staff Report
Append. A NOPIS & Comments
Append. B. AQ
Append. C Cultural
Append. D Pt 1 Phase I
Append. D Pt 2 Asbestos
Append. E WSA
Append. F Noise
Append. G Traffic
Append. H. Fiscal
01. MMPSP EIR Cover TOC & Summary Matrix 10.21.08
02. MMPSP EIR Section I.10.21.08
03. MMPSP EIR Section II.10.21.08
04. MMPSP EIR Section III.9.08 Part 1
04. MMPSP EIR Section III.9.08 Part 2
05. MMPSP EIR Section IV
06. MMPSP EIR Section V
07. MMPSP EIR Section VI
08. MMPSP EIR Section VII
09. MMPSP EIR Section VIII
10. MMPSP EIR Section IX
Museum Market Plaza Specific Plan
5.1204 - Final EIR Addendum - 10-17-2012 complete doc
2015 1B Traffic Study
2015 Addendum 1B Traffic Study Appendx Part 1
2015 Addendum 1B Traffic Study Appendx Part 2
2015 Addendum 2 FEIR
City Council Memo 12-22-15
Flinn Fagg, Director of Planning Services, provided background information as outlined in the Staff Report dated February 3, 2016.
Councilmember Foat questioned the approximate height for a two-story building, and requested in future reports to include the height along with the number of stories.
Mayor Moon questioned the height on Block B for the entitled building, and the allowable height for Block C1.
Mayor Moon opened the public hearing, and the following speakers addressed the City Council.
EMILY HEMPHILL, Representing Applicant, commented on the changes in height, density, view corridors, parking and the elimination of nearly 900,000 square feet of project, additional public parking being proposed on Block A1, the inclusion of residential units on Blocks F and G, the adaptive re-use of the Town and Country and a hotel use on Block K, the increase in set-back on the Annex building, commented on environmental review, and requested a Development Agreement be considered for the project.
LEE MORCUS, commented on the impacts to the economy and economc vitality the project can bring to the City of Palm Springs, and stated his support for the Virgin Hotel in the project.
MICHAEL JOHNSTON, stated his support for the revisions but expected continued scrutiny of the project, and commented on various aspects of the project and the environmental review.
AFTAB DADA, stated his support of the Virgin Hotel at the project site, and the delay of the AC/Marriott Hotel.
MANNY RODRIGUEZ, stated Block A is the worst of the project, and requested the City Council consider adjustments to Block A.
BRUCE EMERTON, Morongo Valley, commented on the Town and Country Center and growth.
JACQUES CAUSSIN, commented on the Town and Country Center, and requested the City Council stop the construction.
NIKOHL VANDEL, Palm Springs, stated the building on Block A needs to be fixed, and the enclosure of the event space.
MICHAEL KASSINGER, Palm Springs, urged the City Council to allow the Developer to do his job and support the project, and commented on the ability of the Developer.
WALTER ANDERSON, Palm Springs, commented on the lack of set-back for Block A, and requested the Developer donate Block F to the City for additional public space, rather than Block A1, and stated his support for the Virgin Hotel.
SUZANNE DUBARRY, commented on the entitlement and requested the City Council be realistic about the development, and the process through the Architectural Advisory Committee and the Planning Commission.
MICHAEL HIRSCHBEIN, Palm Springs, commented on civic uses in the project to attract residents, and requested the City Council consider civic uses on Block A1 to draw residents.
JIM WANLESS, commented on hotel uses in the project, and encouraged the City to work with the Developer to obtain hotel uses on the project site.
JIM GAZAN, requested the City Council reject the height increases.
ROBERT STONE, stated the Town and Country Center should be designated as a Class 1 historic site and should be bookend with a hotel, commented on the requirement to develop the project dependent upon market conditions, and the request for development rights for 25-years.
JOY BROWN MEREDITH, stated a very good compromise is being put forward by the Developer, and stated her support for the Virgin Hotel and the project.
ROBERT BRUGEMAN, Palm Springs, stated the revisions should be accepted and stated his support for the project and the Virgin and Kimpton Hotels.
VINCENT BUCCI, stated his support for the revised project and in support of the Virgin Hotel.
SNUFFIE ADAMS, stated her support for the Virgin Hotel.
MARK DAVIS, stated support for the Virgin Hotel, requested the City Council obtain a development specialist to work with the Developer, commented on Block A, and support for the Town and Country Center.
ELIZABETH EDWARDS HARRIS, commented on the Town and Country Center and preserving the historic resource.
MINDY REED, stated her support for the compromise proposed by the Developer and her support for the Virgin Hotel.
JERRY KELLER, commented on the success of the Virgin Hotel, stated his support for the Virgin Hotel, and thanked the Developer for the compromise.
DAN BURGESS, Palm Springs, stated the Developer should be commended for the compromise, commented on the addition of a third hotel on the site, and stated his support for the Virgin Hotel.
SCOTT LYLE, stated his support for the Virgin Hotel.
SAM SPINELLO, stated his support for the Virgin Hotel.
FRANK TYSEN, stated we are headed in the right direction but additional work is needed, the City needs independent legal advice, commented on public participation, stated his opposition to providing entitlements at this time.
ALLEN WORTHY, commented on the Town and Country Center.
TIM ERKINS, commented on the parking, recreational facilities, green space, traffic controls, and bike lanes.
STEVE ROSENBERG, stated the changes by the Developer are in the City's best interest, and recommended the City Council continue the hearing to further develop the project.
EMILY HEMPHILL, Applicant Rebuttal, commented on the Virgin Hotel and the needs of the hotel, the financing, vesting of Block A and other plan changes.
Councilmember Roberts stated he has met with the Applicant on this project, stated his support for the public parking on Block A1,requested the Applicant clarify the Virgin Hotel on Block B, requested Main Street be widened and commented on the set-back, the TOT Incentive Program and potential transfer of the program to the Virgin Hotel, would like to see a major change to the Annex on Block C and reduce height and increase set-back, in support for a market at Block D but limit the height to 30-feet and limit the use to a grocery store, stated his support for residential use on Block F and commence within 3-years on the residential component, stated his support to delay any action/discussion on Block K, thanked the Developer and recommended the City Council come to consensus and move forward with the project.
Councilmember Kors stated he has met with the Applicant and thanked the Applicant for the consideration of modifications, commented on multi-level and valet parking on Block A1, stated his support for the Virgin on Block B1 and requested the increase in height be conditioned to the Virgin brand hotel, requested a condition for a market on Block D, questioned the dedicated parking for the residential component in Block F, support the preservation of the Town and Country Center, questioned the length of time for a development agreement (DA) and the vesting rights, requested the DA include use of vacant lots for parking or recreational use, questioned payment of in-lieu fees for affordable housing, requested Staff address the allocation of the 874 parking spaces, questioned the green building options, and requested flexibility with the on-street parking at the discretion of City Council.
Mayor Pro Tem Mills stated his support for City public parking on Block A1, commented on the removal of the vertical fin on Block A, allow residential use on Block A, support for brand condition for the hotel on Block B1, stated his support for the compromise for Block C and the reduction to 40-feet, support the reduction to 40 feet on Block D but does not support the condition for a specific use, support for the underground parking on Block F, support retail on the ground floor and residential on the upper floor on Blocks F and G, the maximum height of 68-feet, commented on the time condition for residential in Block F and inclusion in the DA rather than the specific plan, and stated his support to include adaptive reuse of Town and Country Center and Block K with the potential use of a hotel, stated the Specific Plan should be more general and the DA should contain the detailed requirements.
ACTION:
Continue past the 10:00 p.m. tentative adjournment time.
Motion Councilmember Foat, seconded by Mayor Pro Tem Mills and unanimously carried (5-0).
Councilmember Foat stated her support for the Virgin Hotel and the proposed height, requested a reduction in height and mass for the Annex, requested Block F be rezoned to residential, supportative of the public parking on Block A1, commented on the process and the length of time to process the Specific Plan amendment, the current impact and disruptions to existing businesses, commented on the lack of solar power, requested completion dates for Blocks A, B, and C, and stated her support of the reduction in height to 24-feet for the Annex on Block C1.
Mayor Moon thanked the City Council Subcommittee for their work on the project, stated the need to move forward with the approval of the Specific Plan, support for public parking on Block A1 and a multi-level structure, support for Block B1, support for the Virgin Hotel with a condition on branding the hotel and verify the Virgin brand is for 20 years, reduction in height and massing to the Annex on Block C, stated the City Council can review and consider Block D at a later time, requested usable space on Block F until the building is built and not construction fencing, stated support for the adaptive reuse of Block K and the historic designation of the Town and Country Center, but requested interim improvements to the Town and Country Center, and stated support for moving ahead with adoption of the Specific Plan.
Councilmember Roberts stated the City Council may wish to consider a joint meeting with the Planning Commission, to consolidate the process.
The City Council recessed at 11:22 p.m.
The City Council reconvened at 11:37 p.m.
City Attorney Holland stated if the City Council provided direction to Staff on the Specific Plan, the Specific Plan can be placed on the March 2, 2016, agenda for adoption, the next step would be to commence negotiations for a Development Agreement within 60-days of adoption of the Specific Plan and conduct a joint meeting with the Planning Commission for the Development Agreement.
Motion to approve Limit the height of the Annex on Block C to 28 feet. Moved by Councilmember Roberts. The motion did not receive a second and was lost.
Motion to approve Limit the height on Block C for the Annex to a maximum height of 40 feet, increasing the setback to 30 feet on Main Street and 32 feet on North Palm Canyon Drive, and increase the setback for the corner of the block. Moved by Councilmember Foat, seconded by Mayor Pro Tem Mills.
Vote to approve Limit the height on Block C for the Annex to a maximum height of 40 feet, increasing the setback to 30 feet on Main Street and 32 feet on North Palm Canyon Drive, and increase the setback for the corner of the block. (Approved)
Motion to approve Limit the height on Block F and Block G to maximum of 60 feet. Moved by Councilmember Roberts, seconded by Councilmember Kors.
Vote to approve Limit the height on Block F and Block G to maximum of 60 feet. (Approved)
Motion to approve Limit the height on Block D with a maximum height of 40 feet, for retail with a preferance of a grocery store on at least one-level and commercial/retail on the second floor. Moved by Councilmember Foat, seconded by Councilmember Kors.
Vote to approve Limit the height on Block D with a maximum height of 40 feet, for retail with a preferance of a grocery store on at least one-level and commercial/retail on the second floor. (Approved)
Motion to approve Setbacks on Blocks B and B1 are to remain as on current drawings. Moved by Mayor Pro Tem Mills, seconded by Mayor Moon.
Vote to approve Setbacks on Blocks B and B1 are to remain as on current drawings. (Approved)
Motion to approve Increase the setbacks on Block C from curb to building minimum of 31 feet from Main Street and 32 feet from North Palm Canyon, and a greater setback be required at the corner of the building on Block C. Moved by Mayor Pro Tem Mills, seconded by Councilmember Kors.
Vote to approve Increase the setbacks on Block C from curb to building minimum of 31 feet from Main Street and 32 feet from North Palm Canyon, and a greater setback be required at the corner of the building on Block C. (Approved)
Motion to approve 1) Close the public hearing; 2) Continue the Item and City Council deliberations to March 2, 2016; and 3) Direct the City Clerk to post a Notice as required by law. Moved by Mayor Pro Tem Mills, seconded by Councilmember Roberts.
Vote to approve 1) Close the public hearing; 2) Continue the Item and City Council deliberations to March 2, 2016; and 3) Direct the City Clerk to post a Notice as required by law. (Approved)
PUBLIC COMMENT:
JOHN WESSMAN, commented on the Downtown Revitalization Project, and the inclusion of the Virgin Hotel on Block B1.
JIM GAZAN, commented on the vacant dirt parkway along Civic Drive and requested the City Council consider the installation of gravel on the parkway and continue the sidewalk.
STEVE ROSENBERG, commented on the City Council Strategic Planning meeting.
COUNCILMEMBER COMMENTS:
Councilmember Kors requested the City Attorney review information that should be reported to the City Council as a part of the Staff Report regarding the disclosure of principles for LLC's, and requested an update on the sign ordinance for election signs.
CITY MANAGER'S REPORT:
2. CONSENT CALENDAR:
Motion to approve Moved by Mayor Pro Tem Mills, seconded by Councilmember Kors.
Vote to approve (Approved)
2.A. REPORT ON THE POSTING OF THE AGENDA:
Item 2A Staff Report
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
Item 2C Staff Report
2.D. ACCEPT THE RESIGNATION OF CHERYL HOUK FROM THE PARKS & RECREATION COMMISSION:
Item 2D Staff Report
2.E. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID THE FIRE STATION NO. 4 REHABILITATION PROJECT (DEMOLITION & ABATEMENT) (CP 15-25):
Item 2E Staff Report
2.F. TREASURER’S INVESTMENT REPORT AS OF DECEMBER 31, 2015:
Item 2F Staff Report
2.I. AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN ASPHALT, INC. IN THE AMOUNT OF $391,500 FOR THE SAFE ROUTES TO SCHOOL PROJECT (CP 08-10), FEDERAL AID PROJECT NO. SRTS-5282 (039):
Item 2I Staff Report
2.J. FISCAL YEAR 2014-15 COMMUNITY FACILITIES DISTRICTS 2005-1 AND 2007-1 ANNUAL ACCOUNTABILITY REPORTS:
Item 2J Staff Report
2.K. AMENDMENT NO. 3 TO AGREEMENT NO. A6465 WITH URRUTIA ARCHITECTS IN THE AMOUNT OF $51,330 AND AMENDMENT NO. 3 TO AGREEMENT NO. A6503 WITH TRITON TECHNOLOGY SOLUTIONS, INC. IN THE AMOUNT OF $9,090 FOR THE POLICE DEPARTMENT REMODEL (CP 15-05):
Item 2K Staff Report
EXCLUDED CONSENT CALENDAR:
2.B. APPROVAL OF MINUTES:
Item 2B Staff Report
Councilmember Kors requested the minutes of January 13, 2016, be amended to reflect on Item 2.G. the City Attorney stated Councilmember Kors did not have a conflict of interest, and Items 2.L., 2.M., 2.N., and 2.O to reflect the City Attorney stated Councilmember Kors did not have a conflict of interest.
Motion to approve Approve the City Council Minutes of January 13, 2016, as amended. Moved by Councilmember Foat, seconded by Mayor Pro Tem Mills.
Vote to approve Approve the City Council Minutes of January 13, 2016, as amended. (Approved)
Mayor Pro Tem Mills stated he has a business related conflict of interest with respect to Item 2.G., would not participate in the discussion or the vote and left Council Chamber.
2.G. RESCIND AND APPROVE A REVISED SECOND AMENDMENT TO AND ASSIGNMENT/ASSUMPTION OF THE SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP NO. 31848-1 (AVALON):
Item 2G Staff Report
Motion to approve 1) Rescind approval of the Second Amendment to and Assignment and Assumption of the Subdivision Improvement Agreement for Tract Map 31848-1 (“Avalon”), A5393, between LV Palm Springs Village, LLC, Avalon Land Holdings, LLC, and the City of Palm Springs, approved December 16, 2015; 2) Approve a revised Second Amendment to and Assignment and Assumption of the Subdivision Improvement Agreement for Tract Map 31848-1 (“Avalon”), A5393, between LV Palm Springs Village, LLC, Avalon 1150, LLC, and the City of Palm Springs; and 3) Authorize the City Manager to execute all necessary documents. A5393. Moved by Councilmember Foat, seconded by Councilmember Kors.
Vote to approve 1) Rescind approval of the Second Amendment to and Assignment and Assumption of the Subdivision Improvement Agreement for Tract Map 31848-1 (“Avalon”), A5393, between LV Palm Springs Village, LLC, Avalon Land Holdings, LLC, and the City of Palm Springs, approved December 16, 2015; 2) Approve a revised Second Amendment to and Assignment and Assumption of the Subdivision Improvement Agreement for Tract Map 31848-1 (“Avalon”), A5393, between LV Palm Springs Village, LLC, Avalon 1150, LLC, and the City of Palm Springs; and 3) Authorize the City Manager to execute all necessary documents. A5393. (Approved)
Mayor Pro Tem Mills returned to the dais.
2.H. RATIFICATION OF THE ANNUAL ADJUSTMENT OF THE ACCESS LINE RATE APPROVED BY THE VOTERS BY MEASURE "G" PURSUANT TO PALM SPRINGS MUNICIPAL CODE § 3.39.050:
Item 2H Staff Report
Motion to approve Adopt Resolution No. 23964, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RATIFYING THE ANNUAL ADJUSTMENT OF THE ACCESS LINE RATE PURSUANT TO PALM SPRINGS MUNICIPAL CODE § 3.39.050 APPROVED BY THE VOTERS BY MEASURE G." Moved by Mayor Pro Tem Mills, seconded by Councilmember Foat.
Vote to approve Adopt Resolution No. 23964, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RATIFYING THE ANNUAL ADJUSTMENT OF THE ACCESS LINE RATE PURSUANT TO PALM SPRINGS MUNICIPAL CODE § 3.39.050 APPROVED BY THE VOTERS BY MEASURE G." (Approved)
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
5.A. DISCUSSION OF TURF MAINTENANCE AND POTENTIAL IMPROVEMENTS TO THE PALM SPRINGS DOG PARK AND APPOINT AN AD HOC COUNCIL SUBCOMMITTEE:
Item 5A Staff Report
Marcus Fuller, Assistant City Manager/City Engineer, provided background information as outlined in the Staff Report dated February 3, 2016.
Motion to approve 1) Appoint Councilmember Foat and Mayor Moon to the City Council ad hoc subcommittee for the Dog Park. Moved by Mayor Pro Tem Mills, seconded by Councilmember Kors.
Vote to approve 1) Appoint Councilmember Foat and Mayor Moon to the City Council ad hoc subcommittee for the Dog Park. (Approved)
5.B. DESIGNATION OF A DELEGATE REPRESENTATIVE AND ALTERNATE REPRESENTATIVE FOR THE 2016 SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) GENERAL ASSEMBLY MAY 5 AND 6, 2016:
Item 5B No Staff Report
Motion to approve Appoint Councilmember Kors as the Delegate Representative and appoint Mayor Moon as the Alternate Delegate Representative for the 2016 SCAG General Assembly in La Quinta, California on May 5 and 6, 2016. Moved by Mayor Pro Tem Mills, seconded by Councilmember Foat.
Vote to approve Appoint Councilmember Kors as the Delegate Representative and appoint Mayor Moon as the Alternate Delegate Representative for the 2016 SCAG General Assembly in La Quinta, California on May 5 and 6, 2016. (Approved)
5.C. APPOINTMENT OF A CITY COUNCIL AD HOC SUBCOMMITTEE FOR THE PALM SPRINGS INTERNATIONAL FILM FESTIVAL:
Item 5C No Staff Report
Motion to approve Appoint Mayor Moon and Councilmember Kors to an ad hoc subcommittee for the Palm Springs International Film Festival. Moved by Mayor Pro Tem Mills, seconded by Councilmember Foat.
Vote to approve Appoint Mayor Moon and Councilmember Kors to an ad hoc subcommittee for the Palm Springs International Film Festival. (Approved)
5.D. AWARD OF CONTRACT FOR PARKING LOT MANAGEMENT SERVICES AT PALM SPRINGS INTERNATIONAL AIRPORT:
Item 5D Staff Report
City Manager Ready provided background information as outlined in the Staff Report dated February 3, 2016.
Motion to approve 1) Approve a five-year agreement with ACE Parking Management, Inc. for parking lot management services at the Palm Springs International Airport for the period February 1, 2016, through January 31, 2021; and 2) Authorize the City Manager to execute all necessary documents. A6826. Moved by Councilmember Kors, seconded by Councilmember Foat.
Vote to approve 1) Approve a five-year agreement with ACE Parking Management, Inc. for parking lot management services at the Palm Springs International Airport for the period February 1, 2016, through January 31, 2021; and 2) Authorize the City Manager to execute all necessary documents. A6826. (Approved)
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Foat requested the City Manager place on the next agenda a discussion regarding the name change for Crossley Road.
Mayor Pro Tem Mills requested all affected parties be noticed of the discussion item regarding the name change for Crossley Road, and thanked City Staff for their work on the Downtown Specific Plan and the Downtown Revitalization Project.
Mayor Moon requested the City Manager place on the next agenda a discussion regarding in-house legal counsel, requested an item to appoint a new City Council ad hoc subcommittee for information technology, and requested City Staff review security cameras and emergency devices in the Downtown Parking Structure.
ADJOURNMENT:
Feb 03, 2016 City Council Meeting
Full agenda
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CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
Roll Call: 6 members present, 0 members absent, 0 members excused.
PRESENTATIONS:
REPORT OF CLOSED SESSION:
ACCEPTANCE OF THE AGENDA:
Councilmember Foat noted her abstention on Item 2.C. Warrant No. 1083193, and requested Item 2.G. be removed from the Consent Calendar for separate discussion.
Mayor Pro Tem Mills noted his business related abstention on Consent Calendar Item 2.G.
Councilmember Roberts noted his abstention on Item 2.C. Warrant No. 1083194, and requested Items 2.G. and 2.H. be removed from the Consent Calendar for separate discussion.
Councilmember Kors noted his abstention on Item 2.C. Warrant No. 1083211, and requested Item 2.B. be removed from the Consent Calendar for separate discussion.
Mayor Moon noted his abstention on Item 2.C. Warrant No. 1083240.
Motion to approve Accept the Agenda as amended. Moved by Mayor Moon, seconded by Councilmember Foat.
Vote to approve Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
1.A. ROBERT HERSCU OF SOUTH PALM CANYON, LLC, APPEALING THE DECEMBER 9, 2015, DECISION OF THE PLANNING COMMISSION TO DENY A REQUEST FOR A ONE-YEAR EXTENSION OF TIME FOR A PREVIOUSLY APPROVED MIXED-USE PLANNED DEVELOPMENT DISTRICT CONSISTING OF 125 CONDOMINIUM UNITS AND APPROXIMATELY 39,000-SQUARE FEET OF COMMERCIAL RETAIL SPACE ON A 2.67-ACRE SITE LOCATED AT 440-490 SOUTH PALM CANYON DRIVE (PDD 311):
Item 1A Staff Report
Flinn Fagg, Director of Planning Services, provided background information as outlined in the Staff Report dated February 3, 2016.
Councilmember Roberts questioned if any new additional information has been received indicating forward progress.
Mayor Moon questioned the funds spent thus far for the development.
Mayor Moon opened the public hearing, and the following speakers addressed the City Council.
BRIAN LINNEKENS, Applicant, commented on the background and the history of the project, and requested the City Council consider approving the extension.
MARVIN ROOS, Palm Springs, commented on the City Council approval of the progress, the project can move forward now that litigation has been resolved, and stated there is a current and valid tract map for the project.
PAUL MEDIANO, Palm Springs, requested the City Council consider extending the entitlements for one additional year.
JOY BROWN MEREDITH, requested the City Council consider the one-year extension for the entitlements.
JIM STUART, commented on the cause of the delay and requested the City Council consider a one-year extension of the entitlements.
No further speakers coming forward, the public hearing was closed.
Councilmember Roberts commented on the proceedings before the Planning Commission, stated no progress has been made on the project, commented on the scale and density of the project, and stated the Applicant has been given sufficient time with no progress being made.
Mayor Pro Tem Mills stated the project meets the Downtown guidelines, commented on the height of the building, commented on his frustrations with the delay and noted the causes of the delay, stated his support to extend the entitlements for eight-months conditioned to include significant progress on the project, and requested the trees removed from the site be replaced.
Councilmember Kors requested the Applicant address the lack of documentation to show progress, the progress on financing the project, expectations of what may be accomplished in the next eight-months, and requested Staff comment on the Planning Commission discussion regarding the project.
Councilmember Foat stated her support for the project when it was approved ten-years ago, the property has been a problem property, noted code enforcement issues at the project site, commented on the request of time for up to two-years, and the project as approved.
Councilmember Roberts commented on recent comparisons that are under construction, commented on the final design, and stated the project needs to be reconsidered.
Mayor Moon stated the City has changed, and the building is currently not the right one for the site.
Mayor Pro Tem Mills stated the drawings are working drawings, noted the anchoring of the project on the south end of Downtown, and requested the City Council consider an eight-month extension.
Councilmember Roberts commented on the retail south of Ramon, stated the Downtown is extending to the south, and the project should be reconsidered.
BRIAN LINNEKENS, Rebuttal, stated he shares the frustrations of the City Council and they have not given up on the project, and provided some details on the height and the setback of the revised project, and stated he is asking for an eight-month extension.
Motion to approve 1) Closed the public testimony portion of the public hearing; 2) Continue the Council deliberations and the public hearing to February 17, 2016; and 3) Direct the City Clerk to post a Notice of Continued Public Hearing pursuant to law. Moved by Mayor Pro Tem Mills, seconded by Councilmember Kors.
Vote to approve 1) Closed the public testimony portion of the public hearing; 2) Continue the Council deliberations and the public hearing to February 17, 2016; and 3) Direct the City Clerk to post a Notice of Continued Public Hearing pursuant to law. (Approved)
1.B. PS TEAM, LLC, ON BEHALF OF THE OWNER, AIC CAPITAL, LLC FOR A TENTATIVE PARCEL MAP (TPM) TO SUBDIVIDE A 0.46-ACRE PARCEL INTO TWO PARCELS AT 2732 NORTH CARDILLO ROAD AND ADOPTING A CEQA CLASS 32 CATEGORICAL EXEMPTION (CASE TPM 36958):
Item 1B Staff Report
Flinn Fagg, Director of Planning Services, provided background information as outlined in the Staff Report dated February 3, 2016.
Councilmember Kors requested Staff address the members of the LLCs.
Mayor Moon opened the public hearing, and the following speakers addressed the City Council.
MARVIN ROOS, Representing Applicant, stated the members of the two LLCs are the same principals, and requested the City Council approve the tentative parcel map.
ROBERT STONE, stated the request is reasonable and requested the City Council approve the tentative parcel map.
No further speakers coming forward, the public hearing was closed.
Councilmember Foat requested clarification on the two properties and questioned the conditions to build a sidewalk and the sewer system requirements.
Mayor Pro Tem Mills questioned clarification on the conditions regarding street improvements.
Motion to approve Adopt Resolution No. 23962, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A TENTATIVE PARCEL MAP (TPM) TO SUBDIVIDE A 0.46-ACRE PARCEL INTO TWO LOTS AND ADOPTING A CLASS 32 (INFILL) CATEGORICAL EXEMPTION UNDER CEQA FOR PROPERTY LOCATED AT 2732 NORTH CARDILLO ROAD (ZONE R-1-C / RGA-6) (CASE TPM 36958).” Moved by Councilmember Roberts, seconded by Mayor Pro Tem Mills.
Vote to approve Adopt Resolution No. 23962, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A TENTATIVE PARCEL MAP (TPM) TO SUBDIVIDE A 0.46-ACRE PARCEL INTO TWO LOTS AND ADOPTING A CLASS 32 (INFILL) CATEGORICAL EXEMPTION UNDER CEQA FOR PROPERTY LOCATED AT 2732 NORTH CARDILLO ROAD (ZONE R-1-C / RGA-6) (CASE TPM 36958).” (Approved)
1.C. HISTORIC DISTRICT DESIGNATION FOR THE SANDCLIFF CONDOMINIUMS AND ADOPTING A CLASS 31 CATEGORICAL EXEMPTION UNDER CEQA FOR PROPERTY LOCATED AT 1800 BARONA ROAD (CASE HSPB 93 / HD 5):
Item 1C Staff Report
Flinn Fagg, Director of Planning Services, provided background information as outlined in the Staff Report dated February 3, 2016.
Councilmember Foat questioned if the three owners that opposed were notified, and the deletion of names on the petitions.
Mayor Moon opened the public hearing, and the following speakers addressed the City Council.
RON MARSHALL, Applicant, commented on the process with the owners for the designation, and requested the City Council approve the designation.
JACK WEBSTER, no information has been provided by Sandcliff Condominiums, stated photos of his home and vehicle were in the file as a public document, and requested the City Council postpone the hearing and meet with all homeowners.
KITTY MAHON, commented on the design of Sandcliff Condominiums, the condition of the property, stated the owners are generally in support of the designation, and requested the City Council support the designation.
ALLEN WORTHY, stated the property does not warrant the historic designation.
No further speakers coming forward, the public hearing was closed.
Councilmember Roberts questioned the process of the designation and the impact of a designation.
Councilmember Kors stated he toured the property and stated the property meets the criteria for historic designation.
Mayor Moon stated he visited the site and appreciated the work done by the HSPB, and stated his support for the designation.
Motion to approve Adopt Resolution No. 23963, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE SANDCLIFF GARDEN APARTMENT HOMES CONDOMINIUMS AS HISTORIC DISTRICT NO. 5 AND ADOPTING A CLASS 31 CATEGORICAL EXEMPTION UNDER CEQA FOR PROPERTY LOCATED AT 1800 BARONA ROAD (CASE HSPB 93 / HD 5).” Moved by Councilmember Kors, seconded by Councilmember Roberts.
Vote to approve Adopt Resolution No. 23963, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE SANDCLIFF GARDEN APARTMENT HOMES CONDOMINIUMS AS HISTORIC DISTRICT NO. 5 AND ADOPTING A CLASS 31 CATEGORICAL EXEMPTION UNDER CEQA FOR PROPERTY LOCATED AT 1800 BARONA ROAD (CASE HSPB 93 / HD 5).” (Approved)
1.D. CONSIDERATION OF AN AMENDMENT TO THE MUSEUM MARKET PLAZA SPECIFIC PLAN AND ADDENDUM NO. 2 TO THE FINAL ENVIRONMENTAL IMPACT REPORT (CASE NO. 5.1204 SP A-1):
Item 1D Staff Report
Append. A NOPIS & Comments
Append. B. AQ
Append. C Cultural
Append. D Pt 1 Phase I
Append. D Pt 2 Asbestos
Append. E WSA
Append. F Noise
Append. G Traffic
Append. H. Fiscal
01. MMPSP EIR Cover TOC & Summary Matrix 10.21.08
02. MMPSP EIR Section I.10.21.08
03. MMPSP EIR Section II.10.21.08
04. MMPSP EIR Section III.9.08 Part 1
04. MMPSP EIR Section III.9.08 Part 2
05. MMPSP EIR Section IV
06. MMPSP EIR Section V
07. MMPSP EIR Section VI
08. MMPSP EIR Section VII
09. MMPSP EIR Section VIII
10. MMPSP EIR Section IX
Museum Market Plaza Specific Plan
5.1204 - Final EIR Addendum - 10-17-2012 complete doc
2015 1B Traffic Study
2015 Addendum 1B Traffic Study Appendx Part 1
2015 Addendum 1B Traffic Study Appendx Part 2
2015 Addendum 2 FEIR
City Council Memo 12-22-15
Flinn Fagg, Director of Planning Services, provided background information as outlined in the Staff Report dated February 3, 2016.
Councilmember Foat questioned the approximate height for a two-story building, and requested in future reports to include the height along with the number of stories.
Mayor Moon questioned the height on Block B for the entitled building, and the allowable height for Block C1.
Mayor Moon opened the public hearing, and the following speakers addressed the City Council.
EMILY HEMPHILL, Representing Applicant, commented on the changes in height, density, view corridors, parking and the elimination of nearly 900,000 square feet of project, additional public parking being proposed on Block A1, the inclusion of residential units on Blocks F and G, the adaptive re-use of the Town and Country and a hotel use on Block K, the increase in set-back on the Annex building, commented on environmental review, and requested a Development Agreement be considered for the project.
LEE MORCUS, commented on the impacts to the economy and economc vitality the project can bring to the City of Palm Springs, and stated his support for the Virgin Hotel in the project.
MICHAEL JOHNSTON, stated his support for the revisions but expected continued scrutiny of the project, and commented on various aspects of the project and the environmental review.
AFTAB DADA, stated his support of the Virgin Hotel at the project site, and the delay of the AC/Marriott Hotel.
MANNY RODRIGUEZ, stated Block A is the worst of the project, and requested the City Council consider adjustments to Block A.
BRUCE EMERTON, Morongo Valley, commented on the Town and Country Center and growth.
JACQUES CAUSSIN, commented on the Town and Country Center, and requested the City Council stop the construction.
NIKOHL VANDEL, Palm Springs, stated the building on Block A needs to be fixed, and the enclosure of the event space.
MICHAEL KASSINGER, Palm Springs, urged the City Council to allow the Developer to do his job and support the project, and commented on the ability of the Developer.
WALTER ANDERSON, Palm Springs, commented on the lack of set-back for Block A, and requested the Developer donate Block F to the City for additional public space, rather than Block A1, and stated his support for the Virgin Hotel.
SUZANNE DUBARRY, commented on the entitlement and requested the City Council be realistic about the development, and the process through the Architectural Advisory Committee and the Planning Commission.
MICHAEL HIRSCHBEIN, Palm Springs, commented on civic uses in the project to attract residents, and requested the City Council consider civic uses on Block A1 to draw residents.
JIM WANLESS, commented on hotel uses in the project, and encouraged the City to work with the Developer to obtain hotel uses on the project site.
JIM GAZAN, requested the City Council reject the height increases.
ROBERT STONE, stated the Town and Country Center should be designated as a Class 1 historic site and should be bookend with a hotel, commented on the requirement to develop the project dependent upon market conditions, and the request for development rights for 25-years.
JOY BROWN MEREDITH, stated a very good compromise is being put forward by the Developer, and stated her support for the Virgin Hotel and the project.
ROBERT BRUGEMAN, Palm Springs, stated the revisions should be accepted and stated his support for the project and the Virgin and Kimpton Hotels.
VINCENT BUCCI, stated his support for the revised project and in support of the Virgin Hotel.
SNUFFIE ADAMS, stated her support for the Virgin Hotel.
MARK DAVIS, stated support for the Virgin Hotel, requested the City Council obtain a development specialist to work with the Developer, commented on Block A, and support for the Town and Country Center.
ELIZABETH EDWARDS HARRIS, commented on the Town and Country Center and preserving the historic resource.
MINDY REED, stated her support for the compromise proposed by the Developer and her support for the Virgin Hotel.
JERRY KELLER, commented on the success of the Virgin Hotel, stated his support for the Virgin Hotel, and thanked the Developer for the compromise.
DAN BURGESS, Palm Springs, stated the Developer should be commended for the compromise, commented on the addition of a third hotel on the site, and stated his support for the Virgin Hotel.
SCOTT LYLE, stated his support for the Virgin Hotel.
SAM SPINELLO, stated his support for the Virgin Hotel.
FRANK TYSEN, stated we are headed in the right direction but additional work is needed, the City needs independent legal advice, commented on public participation, stated his opposition to providing entitlements at this time.
ALLEN WORTHY, commented on the Town and Country Center.
TIM ERKINS, commented on the parking, recreational facilities, green space, traffic controls, and bike lanes.
STEVE ROSENBERG, stated the changes by the Developer are in the City's best interest, and recommended the City Council continue the hearing to further develop the project.
EMILY HEMPHILL, Applicant Rebuttal, commented on the Virgin Hotel and the needs of the hotel, the financing, vesting of Block A and other plan changes.
Councilmember Roberts stated he has met with the Applicant on this project, stated his support for the public parking on Block A1,requested the Applicant clarify the Virgin Hotel on Block B, requested Main Street be widened and commented on the set-back, the TOT Incentive Program and potential transfer of the program to the Virgin Hotel, would like to see a major change to the Annex on Block C and reduce height and increase set-back, in support for a market at Block D but limit the height to 30-feet and limit the use to a grocery store, stated his support for residential use on Block F and commence within 3-years on the residential component, stated his support to delay any action/discussion on Block K, thanked the Developer and recommended the City Council come to consensus and move forward with the project.
Councilmember Kors stated he has met with the Applicant and thanked the Applicant for the consideration of modifications, commented on multi-level and valet parking on Block A1, stated his support for the Virgin on Block B1 and requested the increase in height be conditioned to the Virgin brand hotel, requested a condition for a market on Block D, questioned the dedicated parking for the residential component in Block F, support the preservation of the Town and Country Center, questioned the length of time for a development agreement (DA) and the vesting rights, requested the DA include use of vacant lots for parking or recreational use, questioned payment of in-lieu fees for affordable housing, requested Staff address the allocation of the 874 parking spaces, questioned the green building options, and requested flexibility with the on-street parking at the discretion of City Council.
Mayor Pro Tem Mills stated his support for City public parking on Block A1, commented on the removal of the vertical fin on Block A, allow residential use on Block A, support for brand condition for the hotel on Block B1, stated his support for the compromise for Block C and the reduction to 40-feet, support the reduction to 40 feet on Block D but does not support the condition for a specific use, support for the underground parking on Block F, support retail on the ground floor and residential on the upper floor on Blocks F and G, the maximum height of 68-feet, commented on the time condition for residential in Block F and inclusion in the DA rather than the specific plan, and stated his support to include adaptive reuse of Town and Country Center and Block K with the potential use of a hotel, stated the Specific Plan should be more general and the DA should contain the detailed requirements.
ACTION:
Continue past the 10:00 p.m. tentative adjournment time.
Motion Councilmember Foat, seconded by Mayor Pro Tem Mills and unanimously carried (5-0).
Councilmember Foat stated her support for the Virgin Hotel and the proposed height, requested a reduction in height and mass for the Annex, requested Block F be rezoned to residential, supportative of the public parking on Block A1, commented on the process and the length of time to process the Specific Plan amendment, the current impact and disruptions to existing businesses, commented on the lack of solar power, requested completion dates for Blocks A, B, and C, and stated her support of the reduction in height to 24-feet for the Annex on Block C1.
Mayor Moon thanked the City Council Subcommittee for their work on the project, stated the need to move forward with the approval of the Specific Plan, support for public parking on Block A1 and a multi-level structure, support for Block B1, support for the Virgin Hotel with a condition on branding the hotel and verify the Virgin brand is for 20 years, reduction in height and massing to the Annex on Block C, stated the City Council can review and consider Block D at a later time, requested usable space on Block F until the building is built and not construction fencing, stated support for the adaptive reuse of Block K and the historic designation of the Town and Country Center, but requested interim improvements to the Town and Country Center, and stated support for moving ahead with adoption of the Specific Plan.
Councilmember Roberts stated the City Council may wish to consider a joint meeting with the Planning Commission, to consolidate the process.
The City Council recessed at 11:22 p.m.
The City Council reconvened at 11:37 p.m.
City Attorney Holland stated if the City Council provided direction to Staff on the Specific Plan, the Specific Plan can be placed on the March 2, 2016, agenda for adoption, the next step would be to commence negotiations for a Development Agreement within 60-days of adoption of the Specific Plan and conduct a joint meeting with the Planning Commission for the Development Agreement.
Motion to approve Limit the height of the Annex on Block C to 28 feet. Moved by Councilmember Roberts. The motion did not receive a second and was lost.
Motion to approve Limit the height on Block C for the Annex to a maximum height of 40 feet, increasing the setback to 30 feet on Main Street and 32 feet on North Palm Canyon Drive, and increase the setback for the corner of the block. Moved by Councilmember Foat, seconded by Mayor Pro Tem Mills.
Vote to approve Limit the height on Block C for the Annex to a maximum height of 40 feet, increasing the setback to 30 feet on Main Street and 32 feet on North Palm Canyon Drive, and increase the setback for the corner of the block. (Approved)
Motion to approve Limit the height on Block F and Block G to maximum of 60 feet. Moved by Councilmember Roberts, seconded by Councilmember Kors.
Vote to approve Limit the height on Block F and Block G to maximum of 60 feet. (Approved)
Motion to approve Limit the height on Block D with a maximum height of 40 feet, for retail with a preferance of a grocery store on at least one-level and commercial/retail on the second floor. Moved by Councilmember Foat, seconded by Councilmember Kors.
Vote to approve Limit the height on Block D with a maximum height of 40 feet, for retail with a preferance of a grocery store on at least one-level and commercial/retail on the second floor. (Approved)
Motion to approve Setbacks on Blocks B and B1 are to remain as on current drawings. Moved by Mayor Pro Tem Mills, seconded by Mayor Moon.
Vote to approve Setbacks on Blocks B and B1 are to remain as on current drawings. (Approved)
Motion to approve Increase the setbacks on Block C from curb to building minimum of 31 feet from Main Street and 32 feet from North Palm Canyon, and a greater setback be required at the corner of the building on Block C. Moved by Mayor Pro Tem Mills, seconded by Councilmember Kors.
Vote to approve Increase the setbacks on Block C from curb to building minimum of 31 feet from Main Street and 32 feet from North Palm Canyon, and a greater setback be required at the corner of the building on Block C. (Approved)
Motion to approve 1) Close the public hearing; 2) Continue the Item and City Council deliberations to March 2, 2016; and 3) Direct the City Clerk to post a Notice as required by law. Moved by Mayor Pro Tem Mills, seconded by Councilmember Roberts.
Vote to approve 1) Close the public hearing; 2) Continue the Item and City Council deliberations to March 2, 2016; and 3) Direct the City Clerk to post a Notice as required by law. (Approved)
PUBLIC COMMENT:
JOHN WESSMAN, commented on the Downtown Revitalization Project, and the inclusion of the Virgin Hotel on Block B1.
JIM GAZAN, commented on the vacant dirt parkway along Civic Drive and requested the City Council consider the installation of gravel on the parkway and continue the sidewalk.
STEVE ROSENBERG, commented on the City Council Strategic Planning meeting.
COUNCILMEMBER COMMENTS:
Councilmember Kors requested the City Attorney review information that should be reported to the City Council as a part of the Staff Report regarding the disclosure of principles for LLC's, and requested an update on the sign ordinance for election signs.
CITY MANAGER'S REPORT:
2. CONSENT CALENDAR:
Motion to approve Moved by Mayor Pro Tem Mills, seconded by Councilmember Kors.
Vote to approve (Approved)
2.A. REPORT ON THE POSTING OF THE AGENDA:
Item 2A Staff Report
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
Item 2C Staff Report
2.D. ACCEPT THE RESIGNATION OF CHERYL HOUK FROM THE PARKS & RECREATION COMMISSION:
Item 2D Staff Report
2.E. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID THE FIRE STATION NO. 4 REHABILITATION PROJECT (DEMOLITION & ABATEMENT) (CP 15-25):
Item 2E Staff Report
2.F. TREASURER’S INVESTMENT REPORT AS OF DECEMBER 31, 2015:
Item 2F Staff Report
2.I. AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN ASPHALT, INC. IN THE AMOUNT OF $391,500 FOR THE SAFE ROUTES TO SCHOOL PROJECT (CP 08-10), FEDERAL AID PROJECT NO. SRTS-5282 (039):
Item 2I Staff Report
2.J. FISCAL YEAR 2014-15 COMMUNITY FACILITIES DISTRICTS 2005-1 AND 2007-1 ANNUAL ACCOUNTABILITY REPORTS:
Item 2J Staff Report
2.K. AMENDMENT NO. 3 TO AGREEMENT NO. A6465 WITH URRUTIA ARCHITECTS IN THE AMOUNT OF $51,330 AND AMENDMENT NO. 3 TO AGREEMENT NO. A6503 WITH TRITON TECHNOLOGY SOLUTIONS, INC. IN THE AMOUNT OF $9,090 FOR THE POLICE DEPARTMENT REMODEL (CP 15-05):
Item 2K Staff Report
EXCLUDED CONSENT CALENDAR:
2.B. APPROVAL OF MINUTES:
Item 2B Staff Report
Councilmember Kors requested the minutes of January 13, 2016, be amended to reflect on Item 2.G. the City Attorney stated Councilmember Kors did not have a conflict of interest, and Items 2.L., 2.M., 2.N., and 2.O to reflect the City Attorney stated Councilmember Kors did not have a conflict of interest.
Motion to approve Approve the City Council Minutes of January 13, 2016, as amended. Moved by Councilmember Foat, seconded by Mayor Pro Tem Mills.
Vote to approve Approve the City Council Minutes of January 13, 2016, as amended. (Approved)
Mayor Pro Tem Mills stated he has a business related conflict of interest with respect to Item 2.G., would not participate in the discussion or the vote and left Council Chamber.
2.G. RESCIND AND APPROVE A REVISED SECOND AMENDMENT TO AND ASSIGNMENT/ASSUMPTION OF THE SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP NO. 31848-1 (AVALON):
Item 2G Staff Report
Motion to approve 1) Rescind approval of the Second Amendment to and Assignment and Assumption of the Subdivision Improvement Agreement for Tract Map 31848-1 (“Avalon”), A5393, between LV Palm Springs Village, LLC, Avalon Land Holdings, LLC, and the City of Palm Springs, approved December 16, 2015; 2) Approve a revised Second Amendment to and Assignment and Assumption of the Subdivision Improvement Agreement for Tract Map 31848-1 (“Avalon”), A5393, between LV Palm Springs Village, LLC, Avalon 1150, LLC, and the City of Palm Springs; and 3) Authorize the City Manager to execute all necessary documents. A5393. Moved by Councilmember Foat, seconded by Councilmember Kors.
Vote to approve 1) Rescind approval of the Second Amendment to and Assignment and Assumption of the Subdivision Improvement Agreement for Tract Map 31848-1 (“Avalon”), A5393, between LV Palm Springs Village, LLC, Avalon Land Holdings, LLC, and the City of Palm Springs, approved December 16, 2015; 2) Approve a revised Second Amendment to and Assignment and Assumption of the Subdivision Improvement Agreement for Tract Map 31848-1 (“Avalon”), A5393, between LV Palm Springs Village, LLC, Avalon 1150, LLC, and the City of Palm Springs; and 3) Authorize the City Manager to execute all necessary documents. A5393. (Approved)
Mayor Pro Tem Mills returned to the dais.
2.H. RATIFICATION OF THE ANNUAL ADJUSTMENT OF THE ACCESS LINE RATE APPROVED BY THE VOTERS BY MEASURE "G" PURSUANT TO PALM SPRINGS MUNICIPAL CODE § 3.39.050:
Item 2H Staff Report
Motion to approve Adopt Resolution No. 23964, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RATIFYING THE ANNUAL ADJUSTMENT OF THE ACCESS LINE RATE PURSUANT TO PALM SPRINGS MUNICIPAL CODE § 3.39.050 APPROVED BY THE VOTERS BY MEASURE G." Moved by Mayor Pro Tem Mills, seconded by Councilmember Foat.
Vote to approve Adopt Resolution No. 23964, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RATIFYING THE ANNUAL ADJUSTMENT OF THE ACCESS LINE RATE PURSUANT TO PALM SPRINGS MUNICIPAL CODE § 3.39.050 APPROVED BY THE VOTERS BY MEASURE G." (Approved)
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
5.A. DISCUSSION OF TURF MAINTENANCE AND POTENTIAL IMPROVEMENTS TO THE PALM SPRINGS DOG PARK AND APPOINT AN AD HOC COUNCIL SUBCOMMITTEE:
Item 5A Staff Report
Marcus Fuller, Assistant City Manager/City Engineer, provided background information as outlined in the Staff Report dated February 3, 2016.
Motion to approve 1) Appoint Councilmember Foat and Mayor Moon to the City Council ad hoc subcommittee for the Dog Park. Moved by Mayor Pro Tem Mills, seconded by Councilmember Kors.
Vote to approve 1) Appoint Councilmember Foat and Mayor Moon to the City Council ad hoc subcommittee for the Dog Park. (Approved)
5.B. DESIGNATION OF A DELEGATE REPRESENTATIVE AND ALTERNATE REPRESENTATIVE FOR THE 2016 SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) GENERAL ASSEMBLY MAY 5 AND 6, 2016:
Item 5B No Staff Report
Motion to approve Appoint Councilmember Kors as the Delegate Representative and appoint Mayor Moon as the Alternate Delegate Representative for the 2016 SCAG General Assembly in La Quinta, California on May 5 and 6, 2016. Moved by Mayor Pro Tem Mills, seconded by Councilmember Foat.
Vote to approve Appoint Councilmember Kors as the Delegate Representative and appoint Mayor Moon as the Alternate Delegate Representative for the 2016 SCAG General Assembly in La Quinta, California on May 5 and 6, 2016. (Approved)
5.C. APPOINTMENT OF A CITY COUNCIL AD HOC SUBCOMMITTEE FOR THE PALM SPRINGS INTERNATIONAL FILM FESTIVAL:
Item 5C No Staff Report
Motion to approve Appoint Mayor Moon and Councilmember Kors to an ad hoc subcommittee for the Palm Springs International Film Festival. Moved by Mayor Pro Tem Mills, seconded by Councilmember Foat.
Vote to approve Appoint Mayor Moon and Councilmember Kors to an ad hoc subcommittee for the Palm Springs International Film Festival. (Approved)
5.D. AWARD OF CONTRACT FOR PARKING LOT MANAGEMENT SERVICES AT PALM SPRINGS INTERNATIONAL AIRPORT:
Item 5D Staff Report
City Manager Ready provided background information as outlined in the Staff Report dated February 3, 2016.
Motion to approve 1) Approve a five-year agreement with ACE Parking Management, Inc. for parking lot management services at the Palm Springs International Airport for the period February 1, 2016, through January 31, 2021; and 2) Authorize the City Manager to execute all necessary documents. A6826. Moved by Councilmember Kors, seconded by Councilmember Foat.
Vote to approve 1) Approve a five-year agreement with ACE Parking Management, Inc. for parking lot management services at the Palm Springs International Airport for the period February 1, 2016, through January 31, 2021; and 2) Authorize the City Manager to execute all necessary documents. A6826. (Approved)
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Foat requested the City Manager place on the next agenda a discussion regarding the name change for Crossley Road.
Mayor Pro Tem Mills requested all affected parties be noticed of the discussion item regarding the name change for Crossley Road, and thanked City Staff for their work on the Downtown Specific Plan and the Downtown Revitalization Project.
Mayor Moon requested the City Manager place on the next agenda a discussion regarding in-house legal counsel, requested an item to appoint a new City Council ad hoc subcommittee for information technology, and requested City Staff review security cameras and emergency devices in the Downtown Parking Structure.
ADJOURNMENT:
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