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 Roberts requested Items 2.B. and 2.C. be removed from the Consent Calendar for separate discussion.
Mayor Pro Tem Mills noted a business related abstention on Consent Calendar Item 2.E.
Councilmember Kors requested Item 2.H. be removed from the Consent Calendar for separate discussion.
Motion to approve Accept the Agenda as amended. Moved by Mayor Pro Tem Mills, seconded by Councilmember Kors.
Vote to approve Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
1.A. CONSIDERATION OF THE VACATION OF PORTIONS OF CALLE ENCILIA RIGHT-OF-WAY BETWEEN AMADO ROAD AND TAHQUITZ CANYON WAY, AND A PORTION OF ANDREAS ROAD RIGHT-OF-WAY BETWEEN CALLE ENCILIA AND CALLE EL SEGUNDO, IN SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST AND CEQA DETERMINATION (FILE R 15-12):
Item 1A Staff Report
Marcus Fuller, Assistant City Manager/City Engineer, provided background information as outlined in the Staff Report dated May 18, 2016.
Mayor Moon opened the public hearing, and the following speakers addressed the City Council.
TOM DAVIS, stated the Tribal Staff presented a completed presentation at the last meeting and would answer any questions from the City Council.
AFTAB DADA, representing Hilton Palm Springs, read a statement contained in the letter submitted by Attorney Dave Baron.
No further speakers coming forward, the public hearing was closed.
The City Council discussed and/or commented on the following with respect to the vacation: pedestrian connection to Amado, access from Indian Canyon which may be a two-way street, the City Council participation with respect to the project when a plan is completed, the purpose of vacating the right-of-way to increase the size of the project, the two requirements that need to be met to approve the vacation.
Motion to approve Adopt Resolution No. 24027, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN PORTIONS OF THE PUBLIC RIGHT-OF-WAY DEDICATED FOR CALLE ENCILIA BETWEEN AMADO ROAD AND TAHQUITZ CANYON WAY, AND PORTIONS OF THE PUBLIC RIGHT-OF-WAY DEDICATED FOR ANDREAS ROAD BETWEEN CALLE ENCILIA AND CALLE EL SEGUNDO, IN SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST, FILE R15-12, AND APPROVING A DETERMINATION THAT THE MITIGATED NEGATIVE DECLARATION PREVIOUSLY APPROVED AND CERTIFIED BY RESOLUTION NO. 18461 REMAINS VALID AND THAT NO FURTHER ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) IS REQUIRED.” Moved by Councilmember Foat, seconded by Mayor Moon.
Vote to approve Adopt Resolution No. 24027, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN PORTIONS OF THE PUBLIC RIGHT-OF-WAY DEDICATED FOR CALLE ENCILIA BETWEEN AMADO ROAD AND TAHQUITZ CANYON WAY, AND PORTIONS OF THE PUBLIC RIGHT-OF-WAY DEDICATED FOR ANDREAS ROAD BETWEEN CALLE ENCILIA AND CALLE EL SEGUNDO, IN SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST, FILE R15-12, AND APPROVING A DETERMINATION THAT THE MITIGATED NEGATIVE DECLARATION PREVIOUSLY APPROVED AND CERTIFIED BY RESOLUTION NO. 18461 REMAINS VALID AND THAT NO FURTHER ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) IS REQUIRED.” (Approved)
1.B. APPLICATION BY TODD HAYS FOR A PROPOSED DESIGNATION OF 1164 NORTH CALLE ROLPH
THE BEL VISTA RESIDENCE
AS A CLASS 1 HISTORIC SITE AND NOTICE OF EXEMPTION FROM CEQA (CASE HSPB 100):
Item 1B Staff Report
Flinn Fagg, Director of Planning Services, provided background information as outlined in the Staff Report dated May 18, 2016.
Mayor Moon opened the public hearing, and the following speakers addressed the City Council.
TODD HAYS, Applicant, provided background and history regarding the site, and requested the City Council approve the historic designation.
No further speakers coming forward, the public hearing was closed.
Motion to approve Adopt Resolution No. 24028, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE RESIDENCE AT 1164 NORTH CALLE ROLPH
THE BEL VISTA RESIDENCE
A CLASS 1 HISTORIC SITE, ZONE R-1-C, APN 507-124-012 (CASE HSPB 100).” Moved by Councilmember Roberts, seconded by Councilmember Foat.
Vote to approve Adopt Resolution No. 24028, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE RESIDENCE AT 1164 NORTH CALLE ROLPH
THE BEL VISTA RESIDENCE
A CLASS 1 HISTORIC SITE, ZONE R-1-C, APN 507-124-012 (CASE HSPB 100).” (Approved)
1.C. PUBLIC HEARING IN ACCORDANCE WITH STREETS AND HIGHWAYS CODE SECTION 100.22 TO CONSIDER APPROVAL OF A FREEWAY AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR STATE HIGHWAY ROUTE 10 (INTERSTATE 10) FROM DIABLO ROAD TO INDIAN CANYON DRIVE:
Item 1C Staff Report
Marcus Fuller, Assistant City Manager/City Engineer, provided background information as outlined in the Staff Report dated May 18, 2016.
Mayor Moon opened the public hearing, and no speakers coming forward the public hearing was closed.
Motion to approve Adopt Resolution No. 24029, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A FREEWAY AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR STATE HIGHWAY ROUTE 10 (INTERSTATE 10), AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF PALM SPRINGS.” Moved by Councilmember Foat, seconded by Councilmember Roberts.
Vote to approve Adopt Resolution No. 24029, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A FREEWAY AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR STATE HIGHWAY ROUTE 10 (INTERSTATE 10), AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF PALM SPRINGS.” (Approved)
PUBLIC COMMENT:
JEANNE WAHLER, commented on Item 5.B., and requested the City Council consider Alternative C for the Eagle Canyon Project.
GEORGE GUST, commented on Item 5.B. and urged the City Council to support the Resolution.
PATRICIA ROBLES, commented on Item 5.B. and requested the City Council support the property be returned to Joshua Tree National Park.
BILL MEYERS, commented on UBER regulations at the Palm Springs International Airport.
ARLENE SANFORD, commented on Item 5.E. regarding smoking within outside patios at restaurants and bars, and requested the City Council consider adopting an ordinance prohibiting smoking.
BARBARA FAIRCHILD, commented on Item 5.A., and requested the City Council adopt an ordinance prohibiting smoking within outside patios at restaurants and bars.
SUSAN CHRETON-HILL, commented on Item 5.A., and requested the City Council adopt an ordinance prohibit smoking within outside patios at restaurants and bars.
LISA MIDDLETON, requested the City Council consider funding further street repairs as part of adopting the City budget, and make a seven-year commitment for City streets.
ALLEN WORTHY, commented on Item 4.B. and requested the City Council consider an in-house City Attorney.
ROBERT FINDLEY, requested the City Council consider adding a layman's public statement to the agenda to assist the public.
JULIE SAMUELSON, commented on Item 5.B., and requested the City Council consider the Resolution in support of the withdrawal of Eagle Mountain from the Joshua Tree National Park.
MATT ROBINSON, commented on Item 3.B. and requested the City Council amend the ordinance to provide for mobile advertising.
TRAE DANIEL, commented on Item 4.B. and requested the City Council considerthe maintenance of the Chino Cone a high priority.
COREY TRAVIS, commented on Item 3.A. and requested the City Council support the ordinance to add operating hours for medical cannabis collectives.
TERRY TAPP, commented on UBER operating at the Palm Springs International Airport.
NIKOHL VANDEL, Palm Springs, commented on the Palm Springs Police Department.
SETH SHIEIR, commented on Item 5.B. and requested the City Council adopt the Resolution and a letter of support for additional environment studies.
LEE WILSON, JR., commented on the Palm Springs Fallen Heroes project.
STEVE LOWE, commented on Item 5.B., stated Eagle Mountain Energy is in support of the donation of the land and explained the benefits of the project.
ERIC CHIEL, requested the City Council consider additional street repairs for the small neighborhood streets including Twin Palms.
KATHLEEN COHN, requested the City Council consider additional street repairs for the small neighborhood streets including the Sonora Sunrise neighborhood.
CHRISTINE HAMMOND, requested the City Council consider additional street repairs for the small neighborhood streets including the Sonora Sunrise neighborhood.
JOE JACKSON, requested the City Council consider additional street repairs for the small neighborhood streets, and commented on Item 2.H. regarding the Sustainability Master Plan.
PATRICIA BRESLIN, commented on the Buzz operations in the Historic Tennis Club Neighborhood, and requested the Buzz be re-routed out of the neighborhood.
LANI MILLER, commented on Item 5.B. and requested the City Council support the resolution to return the Eagle Mountain land to the Joshua Tree National Park.
RICHARD PENNINGTON, commented on Item 5.B. and requested the City Council support the resolution to return the Eagle Mountain land to the Joshua Tree National Park.
JONO HILDNER, commented on Item 5.B. and requested the City Council support the resolution to return the Eagle Mountain land to the Joshua Tree National Park.
JOY BROWN MEREDITH, commented on Item 3.B. regarding the temporary sign ordinance and requested the City Council consider Alternative B, and stated her support for Item 3.A. regarding medical cannabis hours.
CITY COUNCIL SUB-COMMITTEE REPORTS AND UPDATES:
Mayor Moon provided an update on the Plaza Racquet Club City Council Subcommittee.
Councilmember Kors provided an update on the City Council Rules of Procedure meeting, and requested a discussion item be placed on the next agenda.
Councilmember Foat requested a temporary suspension of her appointment to the Sign and Vacation Rental Subcommittees, and provided an update on the Buzz subcommittee.
Councilmember Roberts stated he will participate in the Vacation Rental City Council Subcommittee.
Mayor Moon provided an update on the Dog Park City Council Subcommittee.
Councilmember Kors stated he will sit on the City Council Sign Committee, and requested a review of City Council Subcommittees at the next meeting.
COUNCILMEMBER COMMENTS:
Councilmember Roberts requested a meeting be scheduled for the Indian Canyon City Council Subcommittee, and requested the report be distributed to the Subcommittee members.
Councilmember Kors requested three ordinances regarding public restrooms, non-discrimination provisions and the Equality Act, be placed on the June 15, 2016 agenda, and requested Staff address the Sun Edison contract due to the bankruptcy.
CITY MANAGER'S REPORT:
2. CONSENT CALENDAR:
Motion to approve Approve Items 2.A., 2.D., 2.E., 2.F., and 2.G. Moved by Councilmember Foat, seconded by Councilmember Roberts.
Vote to approve Approve Items 2.A., 2.D., 2.E., 2.F., and 2.G. (Approved)
2.A. REPORT ON THE POSTING OF THE AGENDA:
Item 2A Staff Report
2.D. APPROVAL OF RIGHT OF WAY ACQUISITION AGREEMENTS FOR ASSESSORS PARCEL NUMBER (APN) 669-070-003, FOR THE INDIAN CANYON DRIVE WIDENING & BRIDGE REPLACEMENT FEDERAL AID PROJECT NO. BRLO 5282 (017) (CP 01-11):
Item 2D Staff Report
2.E. APPROVAL OF LOT LINE ADJUSTMENT NO. 16-03 ACCEPTING THE ADDITION OF A PORTION OF LAND TO BE INCLUDED AS PART OF CITY OWNED PROPERTY IDENTIFIED AS LOT “R” OF TRACT MAP 30046 (APN 512-330-023):
Item 2E Staff Report
2.F. AGREEMENT WITH TRANSCEND TECHNOLOGIES GROUP TO PROVIDE ELECTRONIC BENEFITS ADMINISTRATION SERVICES:
Item 2F Staff Report
2.G. AWARD A CONTRACT SERVICES AGREEMENT TO UNIVAR USA, INC. IN THE AMOUNT OF $60,012 FOR SWIMMING POOL CHEMICALS AT THE PALM SPRINGS SWIM CENTER:
Item 2G Staff Report
EXCLUDED CONSENT CALENDAR:
2.B. APPROVE AMENDMENT NO. 1 TO CONSULTING SERVICES AGREEMENT NO. A5336 WITH EVERGREEN RECYCLING SOLUTIONS FOR TECHNICAL ASSISTANCE AND PROFESSIONAL SERVICES ON SOLID WASTE AND RECYCLING ISSUES:
Item 2B Staff Report
The City Council discussed the scope of services and the customer service liaison between Evergreen and PSDS, and website and other outreach enhancements.
Motion to approve 1) Approve Amendment No. 1 to Agreement No. A5336 with Evergreen Recycling Solutions for municipal solid waste management and recycling consulting services, in an amount not to exceed $100,000 for two years, beginning July 1, 2016, and ending on June 30, 2018; and 2) Authorize the City Manager to execute all necessary documents. A5336. Moved by Mayor Pro Tem Mills, seconded by Councilmember Foat.
Vote to approve 1) Approve Amendment No. 1 to Agreement No. A5336 with Evergreen Recycling Solutions for municipal solid waste management and recycling consulting services, in an amount not to exceed $100,000 for two years, beginning July 1, 2016, and ending on June 30, 2018; and 2) Authorize the City Manager to execute all necessary documents. A5336. (Approved)
2.C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF APRIL 2016:
Item 2C Staff Report
The City Council discussed and/or commented on the following: including on the report the reason and who initiated the change orders to contracts.
Motion to approve Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of April 1 through April 30, 2016. Moved by Councilmember Kors, seconded by Councilmember Roberts.
Vote to approve Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of April 1 through April 30, 2016. (Approved)
2.H. SUSTAINABILITY MASTER PLAN:
Item 2H Staff Report
Sustainability Plan
The City Council announced the change in date for the Joint Meeting with the Sustainability Commission.
Motion to approve Receive the Master Plan for Sustainability in preparation for the Joint Meeting with the Sustainability Commission on Thursday, June 23, 2016. Moved by Councilmember Kors, seconded by Councilmember Foat.
Vote to approve Receive the Master Plan for Sustainability in preparation for the Joint Meeting with the Sustainability Commission on Thursday, June 23, 2016. (Approved)
3. LEGISLATIVE:
3.A. PROPOSED ORDINANCE RELATING TO HOURS OF OPERATION AND MEDICAL CANNABIS CULTIVATION FACILITIES FOR PERMITTED MEDICAL CANNABIS COLLECTIVES AND COOPERATIVES:
Item 3A Staff Report
City Attorney Holland provided background information as outlined in the Staff Report dated May 18, 2016.
The City Council discussed and/or commented on the following: developing a practice for Subcommittee members to review ordinances in advance, size restrictions on cultivation, the allowable number of grow facilities, and requested the City Attorney prepare a report detailing changes and modifications to City permits under the new State law, and the prohibition of sales at the grow facility.
Motion to approve Waive the reading of the ordinance text in its entirety and introduce for first reading Ordinance No. 1892, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 5.35.210.D.2, 5.35.340.C.1, AND CHAPTER 3.35 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO HOURS OF OPERATION AND MEDICAL CANNABIS CULTIVATION FACILITIES FOR PERMITTED MEDICAL CANNABIS COLLECTIVES AND COOPERATIVES.” Moved by Councilmember Foat, seconded by Councilmember Roberts.
Vote to approve Waive the reading of the ordinance text in its entirety and introduce for first reading Ordinance No. 1892, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 5.35.210.D.2, 5.35.340.C.1, AND CHAPTER 3.35 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO HOURS OF OPERATION AND MEDICAL CANNABIS CULTIVATION FACILITIES FOR PERMITTED MEDICAL CANNABIS COLLECTIVES AND COOPERATIVES.” (Approved)
The City Council recessed at 8:35 p.m.
The City Council reconvened at 8:45 p.m.
3.B. PROPOSED INTERIM URGENCY ORDINANCE IMPOSING INTERIM REGULATIONS FOR THE INSTALLATION AND MAINTENANCE OF TEMPORARY SIGNS (4/5TH VOTE REQUIRED):
Item 3B Staff Report
City Attorney Holland provided background information as outlined in the Staff Report dated May 18, 2016.
The City Council discussed and/or considered the following: including code references in the Staff Report, content neutral sign ordinance that meets recent court decisions, placement of signs on vacant land, enforcement of signs within the right-of-way, signs on vehicles, regulations for multifamily property, expanding the boundaries on Indian Canyon Drive, regulations regarding for-sale signs, the importance of stakeholder involvement, consistency of findings with the sit and lay ordinance and the portable sign ordinance, the benefits of A-frame signs to businesses, the inclusion of Sunny Dunes, the regulations for the taxi-cab industry, the reliance on the Supreme Court minority comments/opinion, and the purpose of the message substitution provisions.
Motion to approve Waive the reading of the ordinance text in its entirety and adopt “AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, IMPOSING INTERIM REGULATIONS FOR THE INSTALLATION AND MAINTENANCE OF TEMPORARY SIGNS IN THE CITY OF PALM SPRINGS, SUBJECT TO CERTAIN EXCEPTIONS, AND SUSPENDING ENFORCEMENT OF SECTIONS 93.20.07, 93.20.08, 93.20.09.B.5, AND 93.20.10.C.4 OF THE PALM SPRINGS MUNICIPAL CODE, FOR A PERIOD OF NINE MONTHS," (Alternative A) amending the ordinance. Moved by Councilmember Kors, seconded by Mayor Pro Tem Mills.
Vote to approve Waive the reading of the ordinance text in its entirety and adopt “AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, IMPOSING INTERIM REGULATIONS FOR THE INSTALLATION AND MAINTENANCE OF TEMPORARY SIGNS IN THE CITY OF PALM SPRINGS, SUBJECT TO CERTAIN EXCEPTIONS, AND SUSPENDING ENFORCEMENT OF SECTIONS 93.20.07, 93.20.08, 93.20.09.B.5, AND 93.20.10.C.4 OF THE PALM SPRINGS MUNICIPAL CODE, FOR A PERIOD OF NINE MONTHS," (Alternative A) amending the ordinance. (Declined)
Motion to approve
Waive the reading of the ordinance text in its entirety and adopt Ordinance No. 1893, “AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, IMPOSING INTERIM REGULATIONS FOR THE INSTALLATION AND MAINTENANCE OF TEMPORARY SIGNS IN THE CITY OF PALM SPRINGS, SUBJECT TO CERTAIN EXCEPTIONS, AMENDING SECTION 93.20.09.B.5 OF, AND SUSPENDING ENFORCEMENT OF SECTIONS 93.20.07, 93.20.08, AND 93.20.10.C.4 OF THE PALM SPRINGS MUNICIPAL CODE, FOR A PERIOD OF NINE MONTHS," (Alternative B) amending the first sentence of Finding C to read "Several community interests are invested in significant aspects of the City's sign ordinance." Moved by Councilmember Foat, seconded by Mayor Moon.
Vote to approve
Waive the reading of the ordinance text in its entirety and adopt Ordinance No. 1893, “AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, IMPOSING INTERIM REGULATIONS FOR THE INSTALLATION AND MAINTENANCE OF TEMPORARY SIGNS IN THE CITY OF PALM SPRINGS, SUBJECT TO CERTAIN EXCEPTIONS, AMENDING SECTION 93.20.09.B.5 OF, AND SUSPENDING ENFORCEMENT OF SECTIONS 93.20.07, 93.20.08, AND 93.20.10.C.4 OF THE PALM SPRINGS MUNICIPAL CODE, FOR A PERIOD OF NINE MONTHS," (Alternative B) amending the first sentence of Finding C to read "Several community interests are invested in significant aspects of the City's sign ordinance." (Approved)
3.C. PROPOSED ORDINANCE AMENDING THE TEMPORARY SUSPENSION OF REGULATORY ORDINANCES:
Item 3C Staff Report
Flinn Fagg, Director of Planning Services, provided background information as outlined in the Staff Report dated May 18, 2016.
The City Council discussed and/or commented on the following: the placement of the item on the Agenda, internal administration and policy, the purpose of the ordinance, the decisions of Staff regarding the suspension of ordinances, the time limitations to provide the flexibility, and retaining the current process for City Manager approval.
No action taken.
ACTION: Continue past the 10:00 p.m. tentative adjournment time. Motion Councilmember Kors, seconded by Councilmember Foat and unanimously carried.
4. UNFINISHED BUSINESS:
4.A. CONTINUED DISCUSSION AND DIRECTION ON THE FISCAL YEAR 2016-17 BUDGET AND RESERVE POLICY:
Item 4A No Materials
City Manager provided background information and new information submitted as it relates to the Fiscal Year 2016-17 Budget.
Discussion was held regarding Special Events.
No action taken.
City Attorney Holland stated he may have a business related conflict of interest with respect to Item 4.B., would not participate in the discussion or the vote, and left Council Chamber.
4.B. CONTINUED DISCUSSION ON CITY ATTORNEY SERVICES:
Item 4B Staff Report
The City Council continued discussion on city attorney services via contract or an in-house city attorney.
Motion to approve Direct City Staff to prepare an Amendment to the Allocated Positions and Compensation Plan to provide for an in-house City Attorney and Administrative support for the position. Moved by Councilmember Kors, seconded by Councilmember Roberts.
Vote to approve Direct City Staff to prepare an Amendment to the Allocated Positions and Compensation Plan to provide for an in-house City Attorney and Administrative support for the position. (Approved)
City Attorney Holland returned to Council Chamber.
4.C. DISCUSSION REGARDING THE LEGAL SERVICE AGREEMENT WITH THEODORA ORINGHER PC AND OTHER OUTSIDE LEGAL SERVICES CONTRACTS:
Item 4C No Materials
The City Council discussed potentially initiating a policy for the discussion of outside attorney services in Closed Session.
Motion to approve Terminate the contract with Theodora Oringher PC effective May 31, 2016. Moved by Councilmember Kors, seconded by Mayor Moon.
Vote to approve Terminate the contract with Theodora Oringher PC effective May 31, 2016. (Approved)
ACTION:
Direct Staff to prepare a policy for the retention of outside legal counsel for adoption by the City Council.
By consent of the City Council.
5. NEW BUSINESS:
5.A. APPOINTMENT OF CITY COUNCIL AD HOC SUBCOMMITTEES FOR AFFORDABLE HOUSING, CITY HALL OFFICE SPACE PLANNING, AND FUND RAISING:
Item 5A No Materials
Motion to approve 1) Appoint Councilmember Foat and Councilmember Kors to an ad hoc City Council Subcommittee for Affordable Housing; 2) Appoint Councilmember Roberts and Councilmember Mills to an ad hoc City Council Subcommittee for City Hall Office Space Planning; and 3) Appoint Councilmember Roberts and Councilmember Kors to an ad hoc City Council Subcommittee for Fund Raising. Moved by Councilmember Foat, seconded by Mayor Pro Tem Mills.
Vote to approve 1) Appoint Councilmember Foat and Councilmember Kors to an ad hoc City Council Subcommittee for Affordable Housing; 2) Appoint Councilmember Roberts and Councilmember Mills to an ad hoc City Council Subcommittee for City Hall Office Space Planning; and 3) Appoint Councilmember Roberts and Councilmember Kors to an ad hoc City Council Subcommittee for Fund Raising. (Approved)
5.B. CONSIDERATION OF A CITY COUNCIL PUBLIC COMMENT LETTER IN RESPONSE TO THE ENVIRONMENTAL ASSESSMENT PREPARED FOR THE EAGLE MOUNTAIN BOUNDARY STUDY INCLUDING POSSIBLE WITHDRAWAL FOR JOSHUA TREE NATIONAL PARK:
Item 5B Staff Report
Motion to approve 1) Adopt of Resolution No. 24030, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, URGING THE RETURN OF THE MAXIMUM AMOUNT OF THE BUREAU OF LAND MANAGEMENT’S EAGLE MOUNTAIN LANDS BACK TO JOSHUA TREE NATIONAL PARK AND A FULL ENVIRONMENTAL IMPACT STATEMENT (EIS) FOR THE EAGLE CREST PUMPED STORAGE PROJECT’S TRANSMISSION LINE SO THAT LAND USE MANAGERS AND DECISION MAKERS CAN FULLY UNDERSTAND THE POTENTIAL ADVERSE IMPACT OF THIS PROJECT ON GROUNDWATER, SPECIES, AND THE ECOLOGICAL INTEGRITY OF JOSHUA TREE NATIONAL PARK;” and 2) Approve the submission of a public comment letter of support to the National Parks Service endorsing Preferred Alternative C for the transfer of Eagle Mountain land from the U.S. Bureau of Land Management to the National Park Service, and requesting that the U.S. Bureau of Land Management conduct a full and comprehensive Environmental Impact Statement for construction of off-site electrical transmission lines associated with the Eagle Mountain Pumped Storage Hydroelectric Project. Moved by Councilmember Roberts, seconded by Councilmember Foat.
Vote to approve 1) Adopt of Resolution No. 24030, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, URGING THE RETURN OF THE MAXIMUM AMOUNT OF THE BUREAU OF LAND MANAGEMENT’S EAGLE MOUNTAIN LANDS BACK TO JOSHUA TREE NATIONAL PARK AND A FULL ENVIRONMENTAL IMPACT STATEMENT (EIS) FOR THE EAGLE CREST PUMPED STORAGE PROJECT’S TRANSMISSION LINE SO THAT LAND USE MANAGERS AND DECISION MAKERS CAN FULLY UNDERSTAND THE POTENTIAL ADVERSE IMPACT OF THIS PROJECT ON GROUNDWATER, SPECIES, AND THE ECOLOGICAL INTEGRITY OF JOSHUA TREE NATIONAL PARK;” and 2) Approve the submission of a public comment letter of support to the National Parks Service endorsing Preferred Alternative C for the transfer of Eagle Mountain land from the U.S. Bureau of Land Management to the National Park Service, and requesting that the U.S. Bureau of Land Management conduct a full and comprehensive Environmental Impact Statement for construction of off-site electrical transmission lines associated with the Eagle Mountain Pumped Storage Hydroelectric Project. (Approved)
Mayor Pro Tem Mills noted he abstained on Item 5.B. as he did not have enough information on the Item, including information from the permittee.
5.C. APPROVAL OF A SUBORDINATION AGREEMENT WITH THE CALIFORNIA HOUSING FINANCE AGENCY IN CONNECTION WITH THEIR LOAN TO PALOS VERDES VILLAS, A MULTI-FAMILY HOUSING DEVELOPMENT:
Item 5C Staff Report
Lauri Aylaian, Director of Community and Economic Development, provided background information as outlined in the Staff Report dated May 18, 2016.
Motion to approve Adopt Resolution No. 24031, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A SUBORDINATION AGREEMENT WITH COURTYARD PARTNERS - PALM SPRINGS, L.P. AND THE CALIFORNIA HOUSING FINANCE AGENCY TO FACILITATE A LOAN MODIFICATION AND REFINANCE OF PALOS VERDES VILLAS, A 98-UNIT RESIDENTIAL APARTMENT COMPLEX.” Moved by Mayor Pro Tem Mills, seconded by Councilmember Roberts.
Vote to approve Adopt Resolution No. 24031, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A SUBORDINATION AGREEMENT WITH COURTYARD PARTNERS - PALM SPRINGS, L.P. AND THE CALIFORNIA HOUSING FINANCE AGENCY TO FACILITATE A LOAN MODIFICATION AND REFINANCE OF PALOS VERDES VILLAS, A 98-UNIT RESIDENTIAL APARTMENT COMPLEX.” (Approved)
5.D. APPROVAL OF AMENDMENT NO. 2 IN THE AMOUNT OF $206,500 TO CONSULTING SERVICES AGREEMENT NO. A6757 WITH INTERACTIVE DESIGN CORPORATION FOR THE FIRE STATION NO. 4 REHABILITATION PROJECT (CP 15-25):
Item 5D Staff Report
Marcus Fuller, Assistant City Manager/City Engineer, provided background information as outlined in the Staff Report dated May 18, 2016.
The City Council discussed and/or commented on the following: the fee structure for the Amendment, the scope of services and selection of design architect, the review process, including the Fire Department in the design process, limiting the amendment to include Phase 3 and returning to City Council for further approval and estimates.
Motion to approve 1) Approve the concept of expanding Fire Station No. 4 by approximately 1,200 square feet to address separation of sleeping quarters, decontamination areas, and general ADA compliance issues, as part of the Fire Station No. 4 Rehabilitation (CP 15-25) with final design review of the expansion subject to the City’s Major Architectural Review process; 2) Approve Amendment No. 2 to Agreement No. A6757 in the amount of $42,500 for a total amount of $86,300 with Interactive Design Corporation for the Fire Station No. 4 Rehabilitation (CP 15-25) limited through Phase 3 only; 3) Authorize the City Manager to execute all necessary documents; and 4) Return to the City Council for further amendments, report of findings and construction estimate. A6757. Moved by Mayor Pro Tem Mills, seconded by Councilmember Roberts.
Vote to approve 1) Approve the concept of expanding Fire Station No. 4 by approximately 1,200 square feet to address separation of sleeping quarters, decontamination areas, and general ADA compliance issues, as part of the Fire Station No. 4 Rehabilitation (CP 15-25) with final design review of the expansion subject to the City’s Major Architectural Review process; 2) Approve Amendment No. 2 to Agreement No. A6757 in the amount of $42,500 for a total amount of $86,300 with Interactive Design Corporation for the Fire Station No. 4 Rehabilitation (CP 15-25) limited through Phase 3 only; 3) Authorize the City Manager to execute all necessary documents; and 4) Return to the City Council for further amendments, report of findings and construction estimate. A6757. (Approved)
5.E. DISCUSSION ON SMOKING REGULATIONS FOR COMMERCIAL OUTDOOR PATIOS SUCH AS RESTAURANTS AND BARS AND OTHER PUBLIC PLACES:
Item 5E Staff Report
Councilmember Kors explained the scope of the requested amendments to the code regarding smoking regulations on outdoor patios for restaurants and bars.
ACTION:
Direct Councilmember Kors to work with the City Attorney to update the smoking regulations.
By consensus of the City Council.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Roberts requested Staff Reports include funding sources, including percentage fund source for each item.
Councilmember Foat commented on correspondence and requested updated Development Reports be distributed monthly to the City Council.
Mayor Pro Tem Mills requested landscape maintenance on Gene Autry Trail at the Escena Development.
ADJOURNMENT:
May 18, 2016 City Council Meeting
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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 Roberts requested Items 2.B. and 2.C. be removed from the Consent Calendar for separate discussion.
Mayor Pro Tem Mills noted a business related abstention on Consent Calendar Item 2.E.
Councilmember Kors requested Item 2.H. be removed from the Consent Calendar for separate discussion.
Motion to approve Accept the Agenda as amended. Moved by Mayor Pro Tem Mills, seconded by Councilmember Kors.
Vote to approve Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
1.A. CONSIDERATION OF THE VACATION OF PORTIONS OF CALLE ENCILIA RIGHT-OF-WAY BETWEEN AMADO ROAD AND TAHQUITZ CANYON WAY, AND A PORTION OF ANDREAS ROAD RIGHT-OF-WAY BETWEEN CALLE ENCILIA AND CALLE EL SEGUNDO, IN SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST AND CEQA DETERMINATION (FILE R 15-12):
Item 1A Staff Report
Marcus Fuller, Assistant City Manager/City Engineer, provided background information as outlined in the Staff Report dated May 18, 2016.
Mayor Moon opened the public hearing, and the following speakers addressed the City Council.
TOM DAVIS, stated the Tribal Staff presented a completed presentation at the last meeting and would answer any questions from the City Council.
AFTAB DADA, representing Hilton Palm Springs, read a statement contained in the letter submitted by Attorney Dave Baron.
No further speakers coming forward, the public hearing was closed.
The City Council discussed and/or commented on the following with respect to the vacation: pedestrian connection to Amado, access from Indian Canyon which may be a two-way street, the City Council participation with respect to the project when a plan is completed, the purpose of vacating the right-of-way to increase the size of the project, the two requirements that need to be met to approve the vacation.
Motion to approve Adopt Resolution No. 24027, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN PORTIONS OF THE PUBLIC RIGHT-OF-WAY DEDICATED FOR CALLE ENCILIA BETWEEN AMADO ROAD AND TAHQUITZ CANYON WAY, AND PORTIONS OF THE PUBLIC RIGHT-OF-WAY DEDICATED FOR ANDREAS ROAD BETWEEN CALLE ENCILIA AND CALLE EL SEGUNDO, IN SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST, FILE R15-12, AND APPROVING A DETERMINATION THAT THE MITIGATED NEGATIVE DECLARATION PREVIOUSLY APPROVED AND CERTIFIED BY RESOLUTION NO. 18461 REMAINS VALID AND THAT NO FURTHER ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) IS REQUIRED.” Moved by Councilmember Foat, seconded by Mayor Moon.
Vote to approve Adopt Resolution No. 24027, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN PORTIONS OF THE PUBLIC RIGHT-OF-WAY DEDICATED FOR CALLE ENCILIA BETWEEN AMADO ROAD AND TAHQUITZ CANYON WAY, AND PORTIONS OF THE PUBLIC RIGHT-OF-WAY DEDICATED FOR ANDREAS ROAD BETWEEN CALLE ENCILIA AND CALLE EL SEGUNDO, IN SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST, FILE R15-12, AND APPROVING A DETERMINATION THAT THE MITIGATED NEGATIVE DECLARATION PREVIOUSLY APPROVED AND CERTIFIED BY RESOLUTION NO. 18461 REMAINS VALID AND THAT NO FURTHER ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) IS REQUIRED.” (Approved)
1.B. APPLICATION BY TODD HAYS FOR A PROPOSED DESIGNATION OF 1164 NORTH CALLE ROLPH
THE BEL VISTA RESIDENCE
AS A CLASS 1 HISTORIC SITE AND NOTICE OF EXEMPTION FROM CEQA (CASE HSPB 100):
Item 1B Staff Report
Flinn Fagg, Director of Planning Services, provided background information as outlined in the Staff Report dated May 18, 2016.
Mayor Moon opened the public hearing, and the following speakers addressed the City Council.
TODD HAYS, Applicant, provided background and history regarding the site, and requested the City Council approve the historic designation.
No further speakers coming forward, the public hearing was closed.
Motion to approve Adopt Resolution No. 24028, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE RESIDENCE AT 1164 NORTH CALLE ROLPH
THE BEL VISTA RESIDENCE
A CLASS 1 HISTORIC SITE, ZONE R-1-C, APN 507-124-012 (CASE HSPB 100).” Moved by Councilmember Roberts, seconded by Councilmember Foat.
Vote to approve Adopt Resolution No. 24028, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE RESIDENCE AT 1164 NORTH CALLE ROLPH
THE BEL VISTA RESIDENCE
A CLASS 1 HISTORIC SITE, ZONE R-1-C, APN 507-124-012 (CASE HSPB 100).” (Approved)
1.C. PUBLIC HEARING IN ACCORDANCE WITH STREETS AND HIGHWAYS CODE SECTION 100.22 TO CONSIDER APPROVAL OF A FREEWAY AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR STATE HIGHWAY ROUTE 10 (INTERSTATE 10) FROM DIABLO ROAD TO INDIAN CANYON DRIVE:
Item 1C Staff Report
Marcus Fuller, Assistant City Manager/City Engineer, provided background information as outlined in the Staff Report dated May 18, 2016.
Mayor Moon opened the public hearing, and no speakers coming forward the public hearing was closed.
Motion to approve Adopt Resolution No. 24029, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A FREEWAY AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR STATE HIGHWAY ROUTE 10 (INTERSTATE 10), AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF PALM SPRINGS.” Moved by Councilmember Foat, seconded by Councilmember Roberts.
Vote to approve Adopt Resolution No. 24029, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A FREEWAY AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR STATE HIGHWAY ROUTE 10 (INTERSTATE 10), AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF PALM SPRINGS.” (Approved)
PUBLIC COMMENT:
JEANNE WAHLER, commented on Item 5.B., and requested the City Council consider Alternative C for the Eagle Canyon Project.
GEORGE GUST, commented on Item 5.B. and urged the City Council to support the Resolution.
PATRICIA ROBLES, commented on Item 5.B. and requested the City Council support the property be returned to Joshua Tree National Park.
BILL MEYERS, commented on UBER regulations at the Palm Springs International Airport.
ARLENE SANFORD, commented on Item 5.E. regarding smoking within outside patios at restaurants and bars, and requested the City Council consider adopting an ordinance prohibiting smoking.
BARBARA FAIRCHILD, commented on Item 5.A., and requested the City Council adopt an ordinance prohibiting smoking within outside patios at restaurants and bars.
SUSAN CHRETON-HILL, commented on Item 5.A., and requested the City Council adopt an ordinance prohibit smoking within outside patios at restaurants and bars.
LISA MIDDLETON, requested the City Council consider funding further street repairs as part of adopting the City budget, and make a seven-year commitment for City streets.
ALLEN WORTHY, commented on Item 4.B. and requested the City Council consider an in-house City Attorney.
ROBERT FINDLEY, requested the City Council consider adding a layman's public statement to the agenda to assist the public.
JULIE SAMUELSON, commented on Item 5.B., and requested the City Council consider the Resolution in support of the withdrawal of Eagle Mountain from the Joshua Tree National Park.
MATT ROBINSON, commented on Item 3.B. and requested the City Council amend the ordinance to provide for mobile advertising.
TRAE DANIEL, commented on Item 4.B. and requested the City Council considerthe maintenance of the Chino Cone a high priority.
COREY TRAVIS, commented on Item 3.A. and requested the City Council support the ordinance to add operating hours for medical cannabis collectives.
TERRY TAPP, commented on UBER operating at the Palm Springs International Airport.
NIKOHL VANDEL, Palm Springs, commented on the Palm Springs Police Department.
SETH SHIEIR, commented on Item 5.B. and requested the City Council adopt the Resolution and a letter of support for additional environment studies.
LEE WILSON, JR., commented on the Palm Springs Fallen Heroes project.
STEVE LOWE, commented on Item 5.B., stated Eagle Mountain Energy is in support of the donation of the land and explained the benefits of the project.
ERIC CHIEL, requested the City Council consider additional street repairs for the small neighborhood streets including Twin Palms.
KATHLEEN COHN, requested the City Council consider additional street repairs for the small neighborhood streets including the Sonora Sunrise neighborhood.
CHRISTINE HAMMOND, requested the City Council consider additional street repairs for the small neighborhood streets including the Sonora Sunrise neighborhood.
JOE JACKSON, requested the City Council consider additional street repairs for the small neighborhood streets, and commented on Item 2.H. regarding the Sustainability Master Plan.
PATRICIA BRESLIN, commented on the Buzz operations in the Historic Tennis Club Neighborhood, and requested the Buzz be re-routed out of the neighborhood.
LANI MILLER, commented on Item 5.B. and requested the City Council support the resolution to return the Eagle Mountain land to the Joshua Tree National Park.
RICHARD PENNINGTON, commented on Item 5.B. and requested the City Council support the resolution to return the Eagle Mountain land to the Joshua Tree National Park.
JONO HILDNER, commented on Item 5.B. and requested the City Council support the resolution to return the Eagle Mountain land to the Joshua Tree National Park.
JOY BROWN MEREDITH, commented on Item 3.B. regarding the temporary sign ordinance and requested the City Council consider Alternative B, and stated her support for Item 3.A. regarding medical cannabis hours.
CITY COUNCIL SUB-COMMITTEE REPORTS AND UPDATES:
Mayor Moon provided an update on the Plaza Racquet Club City Council Subcommittee.
Councilmember Kors provided an update on the City Council Rules of Procedure meeting, and requested a discussion item be placed on the next agenda.
Councilmember Foat requested a temporary suspension of her appointment to the Sign and Vacation Rental Subcommittees, and provided an update on the Buzz subcommittee.
Councilmember Roberts stated he will participate in the Vacation Rental City Council Subcommittee.
Mayor Moon provided an update on the Dog Park City Council Subcommittee.
Councilmember Kors stated he will sit on the City Council Sign Committee, and requested a review of City Council Subcommittees at the next meeting.
COUNCILMEMBER COMMENTS:
Councilmember Roberts requested a meeting be scheduled for the Indian Canyon City Council Subcommittee, and requested the report be distributed to the Subcommittee members.
Councilmember Kors requested three ordinances regarding public restrooms, non-discrimination provisions and the Equality Act, be placed on the June 15, 2016 agenda, and requested Staff address the Sun Edison contract due to the bankruptcy.
CITY MANAGER'S REPORT:
2. CONSENT CALENDAR:
Motion to approve Approve Items 2.A., 2.D., 2.E., 2.F., and 2.G. Moved by Councilmember Foat, seconded by Councilmember Roberts.
Vote to approve Approve Items 2.A., 2.D., 2.E., 2.F., and 2.G. (Approved)
2.A. REPORT ON THE POSTING OF THE AGENDA:
Item 2A Staff Report
2.D. APPROVAL OF RIGHT OF WAY ACQUISITION AGREEMENTS FOR ASSESSORS PARCEL NUMBER (APN) 669-070-003, FOR THE INDIAN CANYON DRIVE WIDENING & BRIDGE REPLACEMENT FEDERAL AID PROJECT NO. BRLO 5282 (017) (CP 01-11):
Item 2D Staff Report
2.E. APPROVAL OF LOT LINE ADJUSTMENT NO. 16-03 ACCEPTING THE ADDITION OF A PORTION OF LAND TO BE INCLUDED AS PART OF CITY OWNED PROPERTY IDENTIFIED AS LOT “R” OF TRACT MAP 30046 (APN 512-330-023):
Item 2E Staff Report
2.F. AGREEMENT WITH TRANSCEND TECHNOLOGIES GROUP TO PROVIDE ELECTRONIC BENEFITS ADMINISTRATION SERVICES:
Item 2F Staff Report
2.G. AWARD A CONTRACT SERVICES AGREEMENT TO UNIVAR USA, INC. IN THE AMOUNT OF $60,012 FOR SWIMMING POOL CHEMICALS AT THE PALM SPRINGS SWIM CENTER:
Item 2G Staff Report
EXCLUDED CONSENT CALENDAR:
2.B. APPROVE AMENDMENT NO. 1 TO CONSULTING SERVICES AGREEMENT NO. A5336 WITH EVERGREEN RECYCLING SOLUTIONS FOR TECHNICAL ASSISTANCE AND PROFESSIONAL SERVICES ON SOLID WASTE AND RECYCLING ISSUES:
Item 2B Staff Report
The City Council discussed the scope of services and the customer service liaison between Evergreen and PSDS, and website and other outreach enhancements.
Motion to approve 1) Approve Amendment No. 1 to Agreement No. A5336 with Evergreen Recycling Solutions for municipal solid waste management and recycling consulting services, in an amount not to exceed $100,000 for two years, beginning July 1, 2016, and ending on June 30, 2018; and 2) Authorize the City Manager to execute all necessary documents. A5336. Moved by Mayor Pro Tem Mills, seconded by Councilmember Foat.
Vote to approve 1) Approve Amendment No. 1 to Agreement No. A5336 with Evergreen Recycling Solutions for municipal solid waste management and recycling consulting services, in an amount not to exceed $100,000 for two years, beginning July 1, 2016, and ending on June 30, 2018; and 2) Authorize the City Manager to execute all necessary documents. A5336. (Approved)
2.C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF APRIL 2016:
Item 2C Staff Report
The City Council discussed and/or commented on the following: including on the report the reason and who initiated the change orders to contracts.
Motion to approve Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of April 1 through April 30, 2016. Moved by Councilmember Kors, seconded by Councilmember Roberts.
Vote to approve Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of April 1 through April 30, 2016. (Approved)
2.H. SUSTAINABILITY MASTER PLAN:
Item 2H Staff Report
Sustainability Plan
The City Council announced the change in date for the Joint Meeting with the Sustainability Commission.
Motion to approve Receive the Master Plan for Sustainability in preparation for the Joint Meeting with the Sustainability Commission on Thursday, June 23, 2016. Moved by Councilmember Kors, seconded by Councilmember Foat.
Vote to approve Receive the Master Plan for Sustainability in preparation for the Joint Meeting with the Sustainability Commission on Thursday, June 23, 2016. (Approved)
3. LEGISLATIVE:
3.A. PROPOSED ORDINANCE RELATING TO HOURS OF OPERATION AND MEDICAL CANNABIS CULTIVATION FACILITIES FOR PERMITTED MEDICAL CANNABIS COLLECTIVES AND COOPERATIVES:
Item 3A Staff Report
City Attorney Holland provided background information as outlined in the Staff Report dated May 18, 2016.
The City Council discussed and/or commented on the following: developing a practice for Subcommittee members to review ordinances in advance, size restrictions on cultivation, the allowable number of grow facilities, and requested the City Attorney prepare a report detailing changes and modifications to City permits under the new State law, and the prohibition of sales at the grow facility.
Motion to approve Waive the reading of the ordinance text in its entirety and introduce for first reading Ordinance No. 1892, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 5.35.210.D.2, 5.35.340.C.1, AND CHAPTER 3.35 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO HOURS OF OPERATION AND MEDICAL CANNABIS CULTIVATION FACILITIES FOR PERMITTED MEDICAL CANNABIS COLLECTIVES AND COOPERATIVES.” Moved by Councilmember Foat, seconded by Councilmember Roberts.
Vote to approve Waive the reading of the ordinance text in its entirety and introduce for first reading Ordinance No. 1892, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 5.35.210.D.2, 5.35.340.C.1, AND CHAPTER 3.35 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO HOURS OF OPERATION AND MEDICAL CANNABIS CULTIVATION FACILITIES FOR PERMITTED MEDICAL CANNABIS COLLECTIVES AND COOPERATIVES.” (Approved)
The City Council recessed at 8:35 p.m.
The City Council reconvened at 8:45 p.m.
3.B. PROPOSED INTERIM URGENCY ORDINANCE IMPOSING INTERIM REGULATIONS FOR THE INSTALLATION AND MAINTENANCE OF TEMPORARY SIGNS (4/5TH VOTE REQUIRED):
Item 3B Staff Report
City Attorney Holland provided background information as outlined in the Staff Report dated May 18, 2016.
The City Council discussed and/or considered the following: including code references in the Staff Report, content neutral sign ordinance that meets recent court decisions, placement of signs on vacant land, enforcement of signs within the right-of-way, signs on vehicles, regulations for multifamily property, expanding the boundaries on Indian Canyon Drive, regulations regarding for-sale signs, the importance of stakeholder involvement, consistency of findings with the sit and lay ordinance and the portable sign ordinance, the benefits of A-frame signs to businesses, the inclusion of Sunny Dunes, the regulations for the taxi-cab industry, the reliance on the Supreme Court minority comments/opinion, and the purpose of the message substitution provisions.
Motion to approve Waive the reading of the ordinance text in its entirety and adopt “AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, IMPOSING INTERIM REGULATIONS FOR THE INSTALLATION AND MAINTENANCE OF TEMPORARY SIGNS IN THE CITY OF PALM SPRINGS, SUBJECT TO CERTAIN EXCEPTIONS, AND SUSPENDING ENFORCEMENT OF SECTIONS 93.20.07, 93.20.08, 93.20.09.B.5, AND 93.20.10.C.4 OF THE PALM SPRINGS MUNICIPAL CODE, FOR A PERIOD OF NINE MONTHS," (Alternative A) amending the ordinance. Moved by Councilmember Kors, seconded by Mayor Pro Tem Mills.
Vote to approve Waive the reading of the ordinance text in its entirety and adopt “AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, IMPOSING INTERIM REGULATIONS FOR THE INSTALLATION AND MAINTENANCE OF TEMPORARY SIGNS IN THE CITY OF PALM SPRINGS, SUBJECT TO CERTAIN EXCEPTIONS, AND SUSPENDING ENFORCEMENT OF SECTIONS 93.20.07, 93.20.08, 93.20.09.B.5, AND 93.20.10.C.4 OF THE PALM SPRINGS MUNICIPAL CODE, FOR A PERIOD OF NINE MONTHS," (Alternative A) amending the ordinance. (Declined)
Motion to approve
Waive the reading of the ordinance text in its entirety and adopt Ordinance No. 1893, “AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, IMPOSING INTERIM REGULATIONS FOR THE INSTALLATION AND MAINTENANCE OF TEMPORARY SIGNS IN THE CITY OF PALM SPRINGS, SUBJECT TO CERTAIN EXCEPTIONS, AMENDING SECTION 93.20.09.B.5 OF, AND SUSPENDING ENFORCEMENT OF SECTIONS 93.20.07, 93.20.08, AND 93.20.10.C.4 OF THE PALM SPRINGS MUNICIPAL CODE, FOR A PERIOD OF NINE MONTHS," (Alternative B) amending the first sentence of Finding C to read "Several community interests are invested in significant aspects of the City's sign ordinance." Moved by Councilmember Foat, seconded by Mayor Moon.
Vote to approve
Waive the reading of the ordinance text in its entirety and adopt Ordinance No. 1893, “AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, IMPOSING INTERIM REGULATIONS FOR THE INSTALLATION AND MAINTENANCE OF TEMPORARY SIGNS IN THE CITY OF PALM SPRINGS, SUBJECT TO CERTAIN EXCEPTIONS, AMENDING SECTION 93.20.09.B.5 OF, AND SUSPENDING ENFORCEMENT OF SECTIONS 93.20.07, 93.20.08, AND 93.20.10.C.4 OF THE PALM SPRINGS MUNICIPAL CODE, FOR A PERIOD OF NINE MONTHS," (Alternative B) amending the first sentence of Finding C to read "Several community interests are invested in significant aspects of the City's sign ordinance." (Approved)
3.C. PROPOSED ORDINANCE AMENDING THE TEMPORARY SUSPENSION OF REGULATORY ORDINANCES:
Item 3C Staff Report
Flinn Fagg, Director of Planning Services, provided background information as outlined in the Staff Report dated May 18, 2016.
The City Council discussed and/or commented on the following: the placement of the item on the Agenda, internal administration and policy, the purpose of the ordinance, the decisions of Staff regarding the suspension of ordinances, the time limitations to provide the flexibility, and retaining the current process for City Manager approval.
No action taken.
ACTION: Continue past the 10:00 p.m. tentative adjournment time. Motion Councilmember Kors, seconded by Councilmember Foat and unanimously carried.
4. UNFINISHED BUSINESS:
4.A. CONTINUED DISCUSSION AND DIRECTION ON THE FISCAL YEAR 2016-17 BUDGET AND RESERVE POLICY:
Item 4A No Materials
City Manager provided background information and new information submitted as it relates to the Fiscal Year 2016-17 Budget.
Discussion was held regarding Special Events.
No action taken.
City Attorney Holland stated he may have a business related conflict of interest with respect to Item 4.B., would not participate in the discussion or the vote, and left Council Chamber.
4.B. CONTINUED DISCUSSION ON CITY ATTORNEY SERVICES:
Item 4B Staff Report
The City Council continued discussion on city attorney services via contract or an in-house city attorney.
Motion to approve Direct City Staff to prepare an Amendment to the Allocated Positions and Compensation Plan to provide for an in-house City Attorney and Administrative support for the position. Moved by Councilmember Kors, seconded by Councilmember Roberts.
Vote to approve Direct City Staff to prepare an Amendment to the Allocated Positions and Compensation Plan to provide for an in-house City Attorney and Administrative support for the position. (Approved)
City Attorney Holland returned to Council Chamber.
4.C. DISCUSSION REGARDING THE LEGAL SERVICE AGREEMENT WITH THEODORA ORINGHER PC AND OTHER OUTSIDE LEGAL SERVICES CONTRACTS:
Item 4C No Materials
The City Council discussed potentially initiating a policy for the discussion of outside attorney services in Closed Session.
Motion to approve Terminate the contract with Theodora Oringher PC effective May 31, 2016. Moved by Councilmember Kors, seconded by Mayor Moon.
Vote to approve Terminate the contract with Theodora Oringher PC effective May 31, 2016. (Approved)
ACTION:
Direct Staff to prepare a policy for the retention of outside legal counsel for adoption by the City Council.
By consent of the City Council.
5. NEW BUSINESS:
5.A. APPOINTMENT OF CITY COUNCIL AD HOC SUBCOMMITTEES FOR AFFORDABLE HOUSING, CITY HALL OFFICE SPACE PLANNING, AND FUND RAISING:
Item 5A No Materials
Motion to approve 1) Appoint Councilmember Foat and Councilmember Kors to an ad hoc City Council Subcommittee for Affordable Housing; 2) Appoint Councilmember Roberts and Councilmember Mills to an ad hoc City Council Subcommittee for City Hall Office Space Planning; and 3) Appoint Councilmember Roberts and Councilmember Kors to an ad hoc City Council Subcommittee for Fund Raising. Moved by Councilmember Foat, seconded by Mayor Pro Tem Mills.
Vote to approve 1) Appoint Councilmember Foat and Councilmember Kors to an ad hoc City Council Subcommittee for Affordable Housing; 2) Appoint Councilmember Roberts and Councilmember Mills to an ad hoc City Council Subcommittee for City Hall Office Space Planning; and 3) Appoint Councilmember Roberts and Councilmember Kors to an ad hoc City Council Subcommittee for Fund Raising. (Approved)
5.B. CONSIDERATION OF A CITY COUNCIL PUBLIC COMMENT LETTER IN RESPONSE TO THE ENVIRONMENTAL ASSESSMENT PREPARED FOR THE EAGLE MOUNTAIN BOUNDARY STUDY INCLUDING POSSIBLE WITHDRAWAL FOR JOSHUA TREE NATIONAL PARK:
Item 5B Staff Report
Motion to approve 1) Adopt of Resolution No. 24030, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, URGING THE RETURN OF THE MAXIMUM AMOUNT OF THE BUREAU OF LAND MANAGEMENT’S EAGLE MOUNTAIN LANDS BACK TO JOSHUA TREE NATIONAL PARK AND A FULL ENVIRONMENTAL IMPACT STATEMENT (EIS) FOR THE EAGLE CREST PUMPED STORAGE PROJECT’S TRANSMISSION LINE SO THAT LAND USE MANAGERS AND DECISION MAKERS CAN FULLY UNDERSTAND THE POTENTIAL ADVERSE IMPACT OF THIS PROJECT ON GROUNDWATER, SPECIES, AND THE ECOLOGICAL INTEGRITY OF JOSHUA TREE NATIONAL PARK;” and 2) Approve the submission of a public comment letter of support to the National Parks Service endorsing Preferred Alternative C for the transfer of Eagle Mountain land from the U.S. Bureau of Land Management to the National Park Service, and requesting that the U.S. Bureau of Land Management conduct a full and comprehensive Environmental Impact Statement for construction of off-site electrical transmission lines associated with the Eagle Mountain Pumped Storage Hydroelectric Project. Moved by Councilmember Roberts, seconded by Councilmember Foat.
Vote to approve 1) Adopt of Resolution No. 24030, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, URGING THE RETURN OF THE MAXIMUM AMOUNT OF THE BUREAU OF LAND MANAGEMENT’S EAGLE MOUNTAIN LANDS BACK TO JOSHUA TREE NATIONAL PARK AND A FULL ENVIRONMENTAL IMPACT STATEMENT (EIS) FOR THE EAGLE CREST PUMPED STORAGE PROJECT’S TRANSMISSION LINE SO THAT LAND USE MANAGERS AND DECISION MAKERS CAN FULLY UNDERSTAND THE POTENTIAL ADVERSE IMPACT OF THIS PROJECT ON GROUNDWATER, SPECIES, AND THE ECOLOGICAL INTEGRITY OF JOSHUA TREE NATIONAL PARK;” and 2) Approve the submission of a public comment letter of support to the National Parks Service endorsing Preferred Alternative C for the transfer of Eagle Mountain land from the U.S. Bureau of Land Management to the National Park Service, and requesting that the U.S. Bureau of Land Management conduct a full and comprehensive Environmental Impact Statement for construction of off-site electrical transmission lines associated with the Eagle Mountain Pumped Storage Hydroelectric Project. (Approved)
Mayor Pro Tem Mills noted he abstained on Item 5.B. as he did not have enough information on the Item, including information from the permittee.
5.C. APPROVAL OF A SUBORDINATION AGREEMENT WITH THE CALIFORNIA HOUSING FINANCE AGENCY IN CONNECTION WITH THEIR LOAN TO PALOS VERDES VILLAS, A MULTI-FAMILY HOUSING DEVELOPMENT:
Item 5C Staff Report
Lauri Aylaian, Director of Community and Economic Development, provided background information as outlined in the Staff Report dated May 18, 2016.
Motion to approve Adopt Resolution No. 24031, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A SUBORDINATION AGREEMENT WITH COURTYARD PARTNERS - PALM SPRINGS, L.P. AND THE CALIFORNIA HOUSING FINANCE AGENCY TO FACILITATE A LOAN MODIFICATION AND REFINANCE OF PALOS VERDES VILLAS, A 98-UNIT RESIDENTIAL APARTMENT COMPLEX.” Moved by Mayor Pro Tem Mills, seconded by Councilmember Roberts.
Vote to approve Adopt Resolution No. 24031, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A SUBORDINATION AGREEMENT WITH COURTYARD PARTNERS - PALM SPRINGS, L.P. AND THE CALIFORNIA HOUSING FINANCE AGENCY TO FACILITATE A LOAN MODIFICATION AND REFINANCE OF PALOS VERDES VILLAS, A 98-UNIT RESIDENTIAL APARTMENT COMPLEX.” (Approved)
5.D. APPROVAL OF AMENDMENT NO. 2 IN THE AMOUNT OF $206,500 TO CONSULTING SERVICES AGREEMENT NO. A6757 WITH INTERACTIVE DESIGN CORPORATION FOR THE FIRE STATION NO. 4 REHABILITATION PROJECT (CP 15-25):
Item 5D Staff Report
Marcus Fuller, Assistant City Manager/City Engineer, provided background information as outlined in the Staff Report dated May 18, 2016.
The City Council discussed and/or commented on the following: the fee structure for the Amendment, the scope of services and selection of design architect, the review process, including the Fire Department in the design process, limiting the amendment to include Phase 3 and returning to City Council for further approval and estimates.
Motion to approve 1) Approve the concept of expanding Fire Station No. 4 by approximately 1,200 square feet to address separation of sleeping quarters, decontamination areas, and general ADA compliance issues, as part of the Fire Station No. 4 Rehabilitation (CP 15-25) with final design review of the expansion subject to the City’s Major Architectural Review process; 2) Approve Amendment No. 2 to Agreement No. A6757 in the amount of $42,500 for a total amount of $86,300 with Interactive Design Corporation for the Fire Station No. 4 Rehabilitation (CP 15-25) limited through Phase 3 only; 3) Authorize the City Manager to execute all necessary documents; and 4) Return to the City Council for further amendments, report of findings and construction estimate. A6757. Moved by Mayor Pro Tem Mills, seconded by Councilmember Roberts.
Vote to approve 1) Approve the concept of expanding Fire Station No. 4 by approximately 1,200 square feet to address separation of sleeping quarters, decontamination areas, and general ADA compliance issues, as part of the Fire Station No. 4 Rehabilitation (CP 15-25) with final design review of the expansion subject to the City’s Major Architectural Review process; 2) Approve Amendment No. 2 to Agreement No. A6757 in the amount of $42,500 for a total amount of $86,300 with Interactive Design Corporation for the Fire Station No. 4 Rehabilitation (CP 15-25) limited through Phase 3 only; 3) Authorize the City Manager to execute all necessary documents; and 4) Return to the City Council for further amendments, report of findings and construction estimate. A6757. (Approved)
5.E. DISCUSSION ON SMOKING REGULATIONS FOR COMMERCIAL OUTDOOR PATIOS SUCH AS RESTAURANTS AND BARS AND OTHER PUBLIC PLACES:
Item 5E Staff Report
Councilmember Kors explained the scope of the requested amendments to the code regarding smoking regulations on outdoor patios for restaurants and bars.
ACTION:
Direct Councilmember Kors to work with the City Attorney to update the smoking regulations.
By consensus of the City Council.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Roberts requested Staff Reports include funding sources, including percentage fund source for each item.
Councilmember Foat commented on correspondence and requested updated Development Reports be distributed monthly to the City Council.
Mayor Pro Tem Mills requested landscape maintenance on Gene Autry Trail at the Escena Development.
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