Video index

4:30 p.m. CALL TO ORDER (Council Chamber):

Douglas Holland, City Attorney, requested the City Council consider adding an item. The information was received after the posting of the agenda.

EXISTING LITIGATION, G.C. 54956.9(a)
Dennis A. Cunningham and Andrea C. Cunningham individually, and in their capacities as Trustees of the Cunningham Family Trust Dated 12/14/2000 v. City of Palm Springs et. al.
Case No. PSC1606147, Riverside Superior Court, Palm Springs Division

ACTION:
By a majority vote of the City Council the following was approved:
1) Find information regarding the existing litigation was received after the posting of the Agenda and there is an immediate need to hear and/or take action.
2) Add to the Closed Session Agenda the following item pursuant to Cal. Gov. Code. Section 54956.9(e)(3):

EXISTING LITIGATION, G.C. 54956.9(a)
Dennis A. Cunningham and Andrea C. Cunningham individually, and in their capacities as Trustees of the Cunningham Family Trust Dated 12/14/2000 v. City of Palm Springs et. al.
Case No. PSC1606147, Riverside Superior Court, Palm Springs Division

PUBLIC COMMENT (Council Chamber): None

RECESS TO CLOSED SESSION (Small Conference Room): See Closed Session Agenda.

02-15-2017 Closed Session Agenda

At 4:35 p.m. the Mayor and Councilmembers recessed to closed session.

At 5:40 p.m., David Ready, City Manager, state he has a conflict of interest with respect to the property negotiations at APN 513-460-033 (Right-of-Way) with 4348 Lockwood Avenue, LLC and exited the Small Conference Room, due to a conflict of interest.

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:

Roll Call: 6 members present, 0 members absent, 0 members excused.

PRESENTATIONS:

David Ready, City Manager, and Geoffrey Kiehl, Director of Finance and Treasrer, introduced Bryan Gruber to present the Fiscal Year 2015-16 Financial Audit by Lance Soll and Lunghard LLP, the City’s independent auditors.

CITY MANAGER'S REPORT:

None

REPORT OF CLOSED SESSION:

ACCEPTANCE OF THE AGENDA:

Councilmember Roberts requested pulling Consent Calendar Item 1L for separate discussion.

Councilmember Mills stated his recusal on Item 1C, Warrant 1089338 for a business related conflict of interest and Item 1H with respect to the portion relating to the intersection of Ramon and Thornhill.

Motion to approve Accept the agenda as present with the removal of Item 1L from the Consent Calendar for discussion, and noting the recusal of Councilmember Mills with respect to Item 1C, Warrant 1089338 for a business related conflict of interest and Item 1H with respect to the portion relating to the intersection of Ramon and Thornhill. Moved by Councilmember Roberts, seconded by Councilmember Kors.

Vote to approve Accept the agenda as present with the removal of Item 1L from the Consent Calendar for discussion, and noting the recusal of Councilmember Mills with respect to Item 1C, Warrant 1089338 for a business related conflict of interest and Item 1H with respect to the portion relating to the intersection of Ramon and Thornhill. (Approved)

PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY)

Ron Siegal, spoke opposing Item 3B and in support of banning gasoline powered leaf blowers and completely banning leaf blowers to eliminate the dust and particles being blown into the environment.

Brian Yaklick, spoke of his concerns relating to Item 3B.

Bruce Cronander, stated is opposition to Item 3B.

Adam Teixeira spoke requested more information relating to policies and guidelines relating vacation rentals.

Lucio Bernal provided his comments with respect to vacation rentals.

Lisa Middleton, spoke on behalf of One PS, stating thanking the subcommittee, Councilmembers Kors and Roberts, for addressing the many concerns brought forth by One PS.

Judy Deertrack provided comments with respect to Items 3A and 3B.

Robert Stone provided comments with respect to Item 3B.

James Murphy provided comments with respect to Item 3A.

Stephen Rose, requested submitting Ordinance 1907 to the voters.

Michael Valeo, thanked the Council and subcommittee, Councilmembers Kors and Roberts and spoke in support of Item 3B.

Chris Bale, stated his concurrance with the majority of Michael Valeo's comments and spoke of compromise and balance.

Jerry Keller provided comments with respect to Item 3B, adding no body like the propsed ordinance (Item 3B) which equates to it being a perfect ordinance.

Roy Clark, a member of the Sustainability Commission, provided comments from the Sustainability Commission's recommendation with respect to phasing out gasoline powered leaf blowers, ultimately banning them, entertaining the use of battery powered units, providing training, and desertscape, etc.

Marla Malaspina spoke opposing Item 3B.

Lisa Riding spoke in opposition to the proposed urgency ordinance, Item 3B.

Steve Rosenberg spoke against the vacation rental ordinance.

Frank Tysen, Palm Springs, spoke spoke in opposition of Item 3B. .

Jeremy Ogel, a representative from Home Away, spoke relating to 3B relating to the ordinance language and spoke of the need for clarity.

Doug Huth spoke in support Item 5B.

Niki Vandel spoke on Items 1C, 1F, 1L, and 3B.

Jim Madaffer, Citizens for a Better Palm Springs, spoke opposing Item 3B.

1. CONSENT CALENDAR:

Motion to approve

Approve Items 1A, 1B, 1C, 1D, 1E, 1F, 1G, 1H, 1I, 1J, and 1K; furthmore, noting the abstention of Councilmember Mills on Item 1C, Warrant 1089338 for a business related conflict of interest and recusal of on Item 1H with respect to the portion relating to the intersection of Ramon and Thornhill.

Moved by Mayor Pro Tem Foat , seconded by Councilmember Mills .

Vote to approve

Approve Items 1A, 1B, 1C, 1D, 1E, 1F, 1G, 1H, 1I, 1J, and 1K; furthmore, noting the abstention of Councilmember Mills on Item 1C, Warrant 1089338 for a business related conflict of interest and recusal of on Item 1H with respect to the portion relating to the intersection of Ramon and Thornhill.

1.A. APPROVAL OF MINUTES:

Item 1A Staff Report

1.B. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF JANUARY 2017:

Item 1B Staff Report

1.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:

1.D. TREASURER’S INVESTMENT REPORT AS OF DECEMBER 31, 2016:

Item 1D Staff Report

1.E. 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 1E Staff Report

1.F. ACCEPTANCE OF THE JAMES O. JESSIE DESERT HIGHLAND UNITY CENTER OUTDOOR PERFORMANCE STAGE AND OUTDOOR BALL FIELD LIGHTING PROJECT, CP 14-18:

Item 1F Staff Report

1.G. PALM SPRINGS INNOVATION HUB AND ACCELERATOR CAMPUS QUARTERLY REPORT:

Item 1G Staff Report

1.H. AWARD A CONSTRUCTION CONTRACT TO RUIZ CONCRETE & PAVING, INC. IN THE AMOUNT OF $122,452.80 FOR THE ADA CURB RAMPS PROJECT, CP 16-09:

Item 1H Staff Report

1.I. MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR CLASS 1 HISTORIC SITE LOCATED AT 360 CABRILLO ROAD UNIT: 232-233 (RACQUET CLUB COTTAGES WEST HD-3, HSPB 88):

Item 1I Staff Report

1.J. REPORT OF EMERGENCY ROAD CLEANUP AND REPAIRS DUE TO JANUARY 2017 FLOODING PURSUANT TO PALM SPRINGS MUNICIPAL CODE SECTION 7.04.040.:

Item 1J Staff Report

1.K. AUTHORIZE AN INCREASE IN THE AMOUNT OF $26,422 TO PURCHASE ORDER 17-0728 ISSUED TO WILLDAN ENGINEERING FOR THE FIRE STATION NO. 4 REHABILITATION, CP 15-25:

Item 1K Staff Report

EXCLUDED CONSENT CALENDAR:

1.L. CASA VERONA, LLC, REQUEST FOR A ONE-YEAR EXTENSION OF TIME FOR TENTATIVE TRACT MAP 33282; A PREVIOUSLY APPROVED SUBDIVISION OF A 6.1-ACRE PARCEL OF 25 SINGLE-FAMILY RESIDENTIAL LOTS LOCATED ALONG THE NORTH SIDE OF EAST VERONA ROAD AND WEST OF WHITEWATER RIVER:

Item 1L Staff Report

Councilmember Roberts requested langugage to be included with respect to the fact this extension is only for a one-year period.

Councilmember Kors stated he concurs with Councilmember Robers, reiterated this is the first extension.

Motion to approve Adopt Resolution No. 24174, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE-YEAR EXTENSION OF TIME REQUEST FOR TENTATIVE TRACT MAP 33282; A PREVIOUSLY APPROVED 25-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION ON A 6.1-ACRE PARCEL LOCATED ALONG THE NORTH SIDE OF E. VERONA ROAD AND WEST OF THE WHITEWATER RIVER, ZONED R-1-D, SECTION 6 (CASE 5.1035 / TTM 33282)." Moved by Councilmember Mills , seconded by Mayor Pro Tem Foat .

Vote to approve Adopt Resolution No. 24174, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE-YEAR EXTENSION OF TIME REQUEST FOR TENTATIVE TRACT MAP 33282; A PREVIOUSLY APPROVED 25-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION ON A 6.1-ACRE PARCEL LOCATED ALONG THE NORTH SIDE OF E. VERONA ROAD AND WEST OF THE WHITEWATER RIVER, ZONED R-1-D, SECTION 6 (CASE 5.1035 / TTM 33282)." (Approved)

2. PUBLIC HEARINGS:

2.A. PALM SPRINGS MODERN CONSTRUCTION, FOR A PRELIMINARY AND FINAL PLANNED DEVELOPMENT DISTRICT 5.1395-PDD 383 / MAJOR ARCHITECTURAL APPLICATION 3.3963 MAJ / TENTATIVE TRACT MAP 37210 FOR THE CONSTRUCTION OF A 64 UNIT CONDOMINIUM PROJECT NAMED 64@RIV LOCATED AT 2000 NORTH INDIAN CANYON DRIVE, AND IN ACCORDANCE TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) ADOPTING A MITIGATED NEGATIVE DECLARATION:

Item 2A Staff Report

Flinn Fagg, Director of Planning Services, provided background information as provided in the staff report.

Councilmember Roberts inquired about the conditions as requested by PC. Requested additional information re: PDD.

Mayor Pro Tem Foat requested additional information relating to open space.

Councilmember Roberts are we setting bad precents two owners relating to the shared open space. This was created in 1977.

Mayor Moon opened the public hearing at 7:16 p.m. The following addressed the Mayor and Council.

Dennis Cunningham provided information relating to the project and requested approval.

Christopher Brodwell, representing the Riviera Gardens HOA, requested an easement between Riviera Gardens and 64@Riv, adding Riviera Gardens supports this project.

Scott Lyle spoke in support of the project.

At 7:22 p.m., no others came forth to address the Mayor and Council, and Mayor Moon closed the public hearing.

Councilmember Roberts requested additional information and provided comments on the project, and stated support.

Councilmember Mills requested additional information and clarification relating to the project. Chris C provided additional information, AC on roofs, CM inquired about sun control. Chris C provided info. CM has issues with the landscaping and site plans. Via Escuala side. Why are the carports in the street vs. on the property. Chris C provided ???? all the landscaping will be done in Phase One, after the closing of the first unit.

Chris Mills does not support the carports on Via Escuela. Slump block wall - to be reused. Asked FF about the stacking gates at the back gate on Via Escuela.

Mayor Pro Tem Foat stated disappointment in the lack of garages. Agrees with Mr. Cunningham's comments relating to the ficus. Carports - why didn't you do solar panels there.

The developer stated in order to keep the price point at low to mid $300,000 it's not possible to include solar for each unit and garages; however, all units will be solar ready in the event the owner chooses to have solar installed at a later date.

GF asked about the gates. Reason?

Chris C stated - open space design development, and gated due to location, in a commercial area.

Councilmember Kors asked FF re solar, and commented relating to the gates. Likes the price point, design.

Mayor Moon AAC and PC unanimously approved this project. Like the layout, and inquired about when it may start. Supports the gates on this item. Address the solar issue.

Councilmember Mills requested clarification relating the landscape and streetscape. Chris C stated some of the areas behind Indian and Via Escuela are not large enough for anything but the ficus.

Councilmember Roberts supports additional conditions. Typically supports the gates, and supports gating this development. There are pedestrian gates.

Motion to approve 1) Adopt Resolution No. 24175, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION FOR A PLANNED DEVELOPMENT DISTRICT, A MAJOR ARCHITECTURAL APPLICATION, AND A TENTATIVE TRACT MAP FOR A 64 UNIT CONDOMINIUM PROJECT NAMED 64@RIV LOCATED AT 2000 NORTH INDIAN CANYON DRIVE (CASES 5.1395 PDD-383/ 3.3963 MAJ / TTM 37210 / ZONE R-3) ."
2) Adopt Resolution No. 24176, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PRELIMINARY AND FINAL PLANNED DEVELOPMENT DISTRICT (PDD-383) AS REQUIRED BY THE GENERAL PLAN LAND USE DESIGNATION OF TOURIST RESORT COMMERCIAL FOR A 64 UNIT CONDOMINIUM PROJECT NAMED 64@RIV LOCATED AT 2000 NORTH INDIAN CANYON DRIVE",
and adding the following conditions:

Palm Springs Modern Homes as the owner/developer of 64@Riv and the Riviera Gardens Homeowners Association to grant each other easements necessary for construction, maintenance, and repair of existing masonry wall and wrought-iron fence between both properties.
Easements to be shown on Tentative Tract Map 37210.
Palm Springs Modern Homes to repair existing masonry wall separating the 64@Riv property and the Riviera Gardens property to be completed before a Certificate of Occupancy can be granted for Building #4.
The applicant shall be required to design and construct a bus shelter for the current bus stop location adjacent to the development on N. Indian Canyon Drive. The shelter shall incorporate materials and details similar to the design of the condominium buildings, and shall be reviewed by the Architectural Advisory Committee prior to issuance of permits for the shelter. Construction of the shelter shall be completed prior to the issuance of a Certificate of Occupancy for the first residential building of the development.
3) Adopt Resolution No. 24177, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MAJOR ARCHITECTURAL APPLICATION FOR A 64 UNIT CONDOMINIUM PROJECT NAMED 64@RIV LOCATED AT 2000 NORTH INDIAN CANYON DRIVE."
4) Adopt Resolution No. 24178, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP (TTM 37210) FOR A 64 UNIT CONDOMINIUM PROJECT NAMED 64@RIV LOCATED AT 2000 NORTH INDIAN CANYON DRIVE."

Moved by Councilmember Roberts, seconded by Mayor Moon.

adding the requirement to provide a bus shelter, to be reviewed and approved by AAC.

Vote to approve 1) Adopt Resolution No. 24175, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION FOR A PLANNED DEVELOPMENT DISTRICT, A MAJOR ARCHITECTURAL APPLICATION, AND A TENTATIVE TRACT MAP FOR A 64 UNIT CONDOMINIUM PROJECT NAMED 64@RIV LOCATED AT 2000 NORTH INDIAN CANYON DRIVE (CASES 5.1395 PDD-383/ 3.3963 MAJ / TTM 37210 / ZONE R-3) ."
2) Adopt Resolution No. 24176, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PRELIMINARY AND FINAL PLANNED DEVELOPMENT DISTRICT (PDD-383) AS REQUIRED BY THE GENERAL PLAN LAND USE DESIGNATION OF TOURIST RESORT COMMERCIAL FOR A 64 UNIT CONDOMINIUM PROJECT NAMED 64@RIV LOCATED AT 2000 NORTH INDIAN CANYON DRIVE",
and adding the following conditions:

Palm Springs Modern Homes as the owner/developer of 64@Riv and the Riviera Gardens Homeowners Association to grant each other easements necessary for construction, maintenance, and repair of existing masonry wall and wrought-iron fence between both properties.
Easements to be shown on Tentative Tract Map 37210.
Palm Springs Modern Homes to repair existing masonry wall separating the 64@Riv property and the Riviera Gardens property to be completed before a Certificate of Occupancy can be granted for Building #4.
The applicant shall be required to design and construct a bus shelter for the current bus stop location adjacent to the development on N. Indian Canyon Drive. The shelter shall incorporate materials and details similar to the design of the condominium buildings, and shall be reviewed by the Architectural Advisory Committee prior to issuance of permits for the shelter. Construction of the shelter shall be completed prior to the issuance of a Certificate of Occupancy for the first residential building of the development.
3) Adopt Resolution No. 24177, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MAJOR ARCHITECTURAL APPLICATION FOR A 64 UNIT CONDOMINIUM PROJECT NAMED 64@RIV LOCATED AT 2000 NORTH INDIAN CANYON DRIVE."
4) Adopt Resolution No. 24178, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP (TTM 37210) FOR A 64 UNIT CONDOMINIUM PROJECT NAMED 64@RIV LOCATED AT 2000 NORTH INDIAN CANYON DRIVE."

2.B. WLA INVESTMENTS, INC. REQUESTING A CHANGE OF ZONE FOR AN EXISTING DEVELOPMENT KNOWN AS THE NORTH VILLAGE CENTER LOCATED AT 19345-19465 NORTH INDIAN CANYON DRIVE, AND IN ACCORDANCE TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) ADOPTING A NEGATIVE DECLARATION, ZONE HC, SECTION 15:

Item 2B Staff Report

Councilmember Kors and Mayor Pro Tem Foat INQUIRED OF WHO WLA is.

Flinn Fagg, Director of Planning Services, , provided background information as provided in the staff report.

At 8:07 p.m. opened the Public Hearing.

Noel Ramos, spoke on behalf of WLA Investments, Inc., providing additional information with respect to the project, and requested approval.

8:09 closed

Mayor Pro Tem Foat requested additional information.

Motion to approve Waive the reading of the text in its entirety and introduce on first reading Ordinance No. 1915, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION (ND) AND APPROVING A CHANGE OF ZONE FROM HC (HIGHWAY COMMERCIAL) TO M-2 (MANUFACTURING) FOR AN EXISTING LIGHT INDUSTRIAL DEVELOPMENT LOCATED AT 19345-19465 NORTH INDIAN CANYON DRIVE, SECTION 15 (CASE 5.1401-ZC)." Moved by Councilmember Mills , seconded by Councilmember Kors.

Vote to approve Waive the reading of the text in its entirety and introduce on first reading Ordinance No. 1915, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION (ND) AND APPROVING A CHANGE OF ZONE FROM HC (HIGHWAY COMMERCIAL) TO M-2 (MANUFACTURING) FOR AN EXISTING LIGHT INDUSTRIAL DEVELOPMENT LOCATED AT 19345-19465 NORTH INDIAN CANYON DRIVE, SECTION 15 (CASE 5.1401-ZC)." (Approved)

2.C. PROPOSED ORDINANCE TO AMEND THE PALM SPRINGS ZONING CODE (PSZC) RELATING TO SEPARATION DISTANCE REQUIREMENTS FOR MEDICAL CANNABIS COOPERATIVES OR COLLECTIVES AND MEDICAL CANNABIS DISPENSARIES (CASE 5.1218-E ZTA):

Item 2C Staff Report

Doulas Holland, City Attorney, provided background information as provided in the staff report.

Councilmember Kors requested additional information relating to the distance.

Mayor Pro Tem Foat requested clarification.

Mayor Moon stated concurrence to Mayor Pro Tem Foat's comments and requested additional information.

Councilmember Kors inquired if this has been discussed with the Palm Springs Unified School District.

At 8:20 p.m., Mayor Moon opened the public hearing.

Robert Van Roo provided comments relating to an unlicensed dispensary/cooperative/collective.

Stephen Mueller spoke in support of this item.

Joy Meredith spoke in support of this item and provided comments relating to an unlicensed dispensary/cooperative/collective.

Steve Rosenburg provided comments on this item and voiced concerns.

At 8:27 p.m., no other came forth to address the Mayor and Council, and Mayor Moon closed the public hearing.

Councilmember Kors requested additional information relating to the noticing process for Planning Commission meetings and requested additional information from the Palm Springs Unified School District before voting.

Motion to approve Waive the reading of the text and introduce for first reading Ordinance No. 1916, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTION C OF SECTION 93.23.15 OF THE PALM SPRINGS ZONING CODE (PSZC) RELATING TO LOCATIONAL REQUIREMENTS FOR MEDICAL CANNABIS DISPENSARIES IN THE CITY." Moved by Councilmember Roberts, seconded by Mayor Pro Tem Foat .

Vote to approve Waive the reading of the text and introduce for first reading Ordinance No. 1916, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTION C OF SECTION 93.23.15 OF THE PALM SPRINGS ZONING CODE (PSZC) RELATING TO LOCATIONAL REQUIREMENTS FOR MEDICAL CANNABIS DISPENSARIES IN THE CITY." (Approved)

At 8:36 p.m. Mayor Moon called for a recess.

Meeting went into Recess

Meeting Reconvened

At 8:47 p.m. Mayor Moon reconvened the meeting.

3. LEGISLATIVE:

At 8:48 p.m. Councilmember Mills stated he will not participate nor vote on Items 3A and 3B due to a personal property conflict of interest, and exited the Council Chamber.

3.A. ORDINANCE NO. 1907 REFERENDUM PETITION RELATING TO VACATION RENTALS:

Item 3A Staff Report

Kathleen Hart, Interim City Clerk, provided the background information as provided in the staff report.

Motion to approve 1) Receive and file the attached Certificate of Sufficiency for a petition titled "Referendum Against an Ordinance Passed by the City Council - Ordinance No. 1907." 2) Direct staff to prepare necessary documents for further consideration of the City Council. Moved by Councilmember Kors, seconded by Councilmember Roberts.

Vote to approve 1) Receive and file the attached Certificate of Sufficiency for a petition titled "Referendum Against an Ordinance Passed by the City Council - Ordinance No. 1907." 2) Direct staff to prepare necessary documents for further consideration of the City Council. (Approved)

3.B. RESCIND ORDINANCE NO. 1907, ADOPT INTERIM URGENCY ORDINANCE RELATING TO VACATION RENTALS (4/5THS VOTE REQUIRED), AND INTRODUCE AN ORDINANCE RELATING TO VACATION RENTALS:

Item 3B Staff Report

Douglas Holland, City Attorney, provided background information as provided in the staff report.

Councilmember Kors spoke that he

GK provided a recap of the referendum and the meetings of the the ad hoc with many citizens, such as Protect Our Neighborhood, ...... stakeholders. Since then, Citizens for a Better Palm Springs and Protect our Neighborhoods once agreed to the proposed ordinance but since then has changed their minds.

JR provided comments held many meetings in hopes of crafting a ordinance is a result of all the meetings in the most recent meeting they had unilateral agreement, and they changed their minds his belief is to start some where the new ordinance is different, provided an outline of the proposed ordinance.

Mayor Moon stated his support of Ordinance No. 1907. He stated he does not support STRs. Stated he is not able to support the proposed ordinance, and let it go to the voters. Supports letting it be on the ballot in November 2017.

Councilmember Kors

Mayor Pro Tem Foat provided her comments stated her support for the proposed ordinance.

Councilmember Roberts addressed the reason for the urg ord The vacation rental industry has risen and provided assistance.

Councilmember Kors stated the reasons for supporting this ordinance, and spoke of the many requirements.

Councilmember Roberts stated ....

Mayor Moon

Councilmember Roberts

Mayor Pro Tem Foat

After discussion it was the conscensus to vote on each item separately.

Motion to adopted Waive the reading of the text in its entirety and adopt Ordinance No. 1917, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, RESCINDING ORDINANCE NO. 1907;” Moved by Mayor Pro Tem Foat , seconded by Councilmember Kors.

Vote to adopted Waive the reading of the text in its entirety and adopt Ordinance No. 1917, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, RESCINDING ORDINANCE NO. 1907;” (Approved)

Motion to Denied Waive the reading of the text and adopt Urgency Ordinance No. ____, "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.25 OF, AND ADDING SECTION 93.23.16 TO, THE PALM SPRINGS MUNICIPAL CODE RELATING TO VACATION RENTALS (4/5ths Vote Required)." Moved by Councilmember Roberts, seconded by Mayor Pro Tem Foat .

Vote to Denied Waive the reading of the text and adopt Urgency Ordinance No. ____, "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.25 OF, AND ADDING SECTION 93.23.16 TO, THE PALM SPRINGS MUNICIPAL CODE RELATING TO VACATION RENTALS (4/5ths Vote Required)." (Approved)

Motion to approved on first reading Waive the reading of the text in its entirety and introduce and refer to the Planning Commission for review and comment, Ordinance No. 1918, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.25 OF, AND ADDING SECTION 93.23.16 TO, THE PALM SPRINGS MUNICIPAL CODE RELATING TO VACATION RENTALS." Moved by Councilmember Kors, seconded by Mayor Pro Tem Foat .

Vote to approved on first reading Waive the reading of the text in its entirety and introduce and refer to the Planning Commission for review and comment, Ordinance No. 1918, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.25 OF, AND ADDING SECTION 93.23.16 TO, THE PALM SPRINGS MUNICIPAL CODE RELATING TO VACATION RENTALS." (Approved)

At 9:49 p.m. Councilmember Mills returned to the dais.

4. UNFINISHED BUSINESS: None.

5. NEW BUSINESS:

5.A. FISCAL YEAR 2015-16 AUDIT REPORTS BY THE CITY’S INDEPENDENT AUDITORS:

Item 5A Staff Report

David Ready, City Manager, provided background information as provided in the staff report.

Motion to approve Receive and file the Fiscal Year 2015-16 Audit Reports prepared by the City's independent auditors. Moved by Councilmember Kors, seconded by Councilmember Roberts.

Vote to approve Receive and file the Fiscal Year 2015-16 Audit Reports prepared by the City's independent auditors. (Approved)

5.B. CONSIDERATION OF REGULATIONS LIMITING THE USE OF GASOLINE POWERED LEAF BLOWERS:

Item 5B Staff Report

5.C. ADMINISTRATIVE ANALYSIS AND CONFORMITY REPORT FOR A PROPOSED 3.0 MEGAWATT WIND ENERGY CONVERSION SYSTEM (“WECS”) ON TRIBAL TRUST LAND LOCATED SOUTHEAST OF THE INTERSECTION OF HIGHWAY 111 AND THE I-10 FREEWAY, O-5 (OPEN LAND) ZONE:

Item 5C Staff Report

5.B. CONSIDERATION OF REGULATIONS LIMITING THE USE OF GASOLINE POWERED LEAF BLOWERS:

David Ready, City Manager, provided background information as provided in the staff report.

Councilmember Kors commended the commission for their hard work, and requested additional information.

Councilmember Roberts requested additional information. Is it possible to eliminated leaf blowers totally?

Councilmember Mills

Councilmember Roberts

After City Council discussion, staff was directed to draft an ordinance consistant with the Sustainability Commission's recommendation including phasing out gas powered leaf blowers in favor of the electric leaf blowers, requiring water saving landscaping classes, and researching grant funds to help offset the costs including possible monies in the City's Recycling Fund.

Councilmember Roberts

5.C. ADMINISTRATIVE ANALYSIS AND CONFORMITY REPORT FOR A PROPOSED 3.0 MEGAWATT WIND ENERGY CONVERSION SYSTEM (“WECS”) ON TRIBAL TRUST LAND LOCATED SOUTHEAST OF THE INTERSECTION OF HIGHWAY 111 AND THE I-10 FREEWAY, O-5 (OPEN LAND) ZONE:

Flinn Fagg, Director of Planning Services, provided background information as provided in the staff report.

Councilmember Mills

Motion to approve Adopt Resolution No. 24179, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONFORMITY REPORT FOR A PROPOSED 3.0 MEGAWATT WIND ENERGY CONVERSION SYSTEM (“WECS”) ON TRIBAL TRUST LAND LOCATED TO THE SOUTHEAST OF THE INTERSECTION OF HIGHWAY 111 AND THE I-10 FREEWAY (CASE 5.1406).” Moved by Councilmember Roberts, seconded by Councilmember Kors.

Vote to approve Adopt Resolution No. 24179, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONFORMITY REPORT FOR A PROPOSED 3.0 MEGAWATT WIND ENERGY CONVERSION SYSTEM (“WECS”) ON TRIBAL TRUST LAND LOCATED TO THE SOUTHEAST OF THE INTERSECTION OF HIGHWAY 111 AND THE I-10 FREEWAY (CASE 5.1406).” (Approved)

PUBLIC COMMENT: (Non-Agenda Items)

Bill McMillan requested the city become a sanctuary city.

Edward Holchauer requested the city become a sanctuary city.

Carlos Pineda spoke requested the city become a sanctuary city.

Ruth Debra requested the city become a sanctuary city.

Patty Lasky requested the city become a sanctuary city.

Brenda Adams requested the city become a sanctuary city.

David Remington requested the city become a sanctuary city.

Chris Paddock requested the city become a sanctuary city.

Phyllis Burgess requested adding the invocation back on the agenda.

Frank Tysen provided comments on the work of the Vacation Rental ad hoc Subcommittee, Councilmembers Kors and Roberts.

Rick Pantele requested the city become a sanctuary city.

John Rivett requested the city become a sanctuary city.

Mark Matthews stated he is a resident of the Pinnacle Development, owned by Skyline Development LLC, a California limited liability corporation with the owner in Vancouver. He requested the following three (3) items to be completed by the developer:
1. Completion of the roadways.
2. Completion of the sewer system, including the manholes to be at street level.
3. Placement of the monuments in accordance to the Subdivision Map Act.

COUNCILMEMBER COMMENTS, REQUESTS, REPORTS, AND UPCOMING AGENDA DEVELOPMENT:

Councilmember Kors stated since the 1980's the City and Police Department has had policies in place that citizens are not questioned about their immigration status; adding, he had previously requested an ordinance be placed on the agenda in March which will broaden the anti-discrimination practices covering many categories, including prohibiting officials from requesting information with respect to ones immigration status, religion, sexual orientation, prohibits profiling based on those categories.

Councilmember Kors requested the following be placed on the March 1, 2017, agenda, if possible:
1. Apartment Conversions. Recently an ordinance was adopted address the relocation expenses due the conversion of apartments to hotels and condominiums, and would like to expand it to address all apartment conversions.
2. Place on the March 1, 2017, agenda for discussion of the Sign Ordinance, the immediate need is to address portable signs.

Councilmember Kors commented on the portable signs on private/public properties/sidewalks on Palm Canyon. The need for enforcement to ensure ADA compliance with respect to portable signs. There are some signs placed on the middle of the sidewalk that does not allow ample space for a wheelchair to turn around.

Councilmember Mills stated the visitors center has approximately 335,000 visitors there annually, some of the space at the visitors center is leased to others i.e. the Monument, Tribe, and others. Requested placing on the next agenda consideration of the adjacent property for potential use by the Tram and Tribe, adding both the Tram and Tribe have made formal decisions to explore possibilities.

Councilmember Mills stated Mr. Matthews' request is viable, and requested enforcement and resolution.

Mayor Pro Tem Foat stated the CV Link ad hoc Subcommittee held a public meeting, and another Public Meeting will be held once the EIR Comment Period is closed.

Mayor Pro Tem Foat stated she and Councilmember Kors had another Homeless Task Force meeting and will provide a report at the next meeting.

ADJOURNMENT:

Feb 15, 2017 City Council Meeting

Full agenda
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4:30 p.m. CALL TO ORDER (Council Chamber):

Douglas Holland, City Attorney, requested the City Council consider adding an item. The information was received after the posting of the agenda.

EXISTING LITIGATION, G.C. 54956.9(a)
Dennis A. Cunningham and Andrea C. Cunningham individually, and in their capacities as Trustees of the Cunningham Family Trust Dated 12/14/2000 v. City of Palm Springs et. al.
Case No. PSC1606147, Riverside Superior Court, Palm Springs Division

ACTION:
By a majority vote of the City Council the following was approved:
1) Find information regarding the existing litigation was received after the posting of the Agenda and there is an immediate need to hear and/or take action.
2) Add to the Closed Session Agenda the following item pursuant to Cal. Gov. Code. Section 54956.9(e)(3):

EXISTING LITIGATION, G.C. 54956.9(a)
Dennis A. Cunningham and Andrea C. Cunningham individually, and in their capacities as Trustees of the Cunningham Family Trust Dated 12/14/2000 v. City of Palm Springs et. al.
Case No. PSC1606147, Riverside Superior Court, Palm Springs Division

PUBLIC COMMENT (Council Chamber): None

RECESS TO CLOSED SESSION (Small Conference Room): See Closed Session Agenda.

02-15-2017 Closed Session Agenda

At 4:35 p.m. the Mayor and Councilmembers recessed to closed session.

At 5:40 p.m., David Ready, City Manager, state he has a conflict of interest with respect to the property negotiations at APN 513-460-033 (Right-of-Way) with 4348 Lockwood Avenue, LLC and exited the Small Conference Room, due to a conflict of interest.

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:

Roll Call: 6 members present, 0 members absent, 0 members excused.

PRESENTATIONS:

David Ready, City Manager, and Geoffrey Kiehl, Director of Finance and Treasrer, introduced Bryan Gruber to present the Fiscal Year 2015-16 Financial Audit by Lance Soll and Lunghard LLP, the City’s independent auditors.

CITY MANAGER'S REPORT:

None

REPORT OF CLOSED SESSION:

ACCEPTANCE OF THE AGENDA:

Councilmember Roberts requested pulling Consent Calendar Item 1L for separate discussion.

Councilmember Mills stated his recusal on Item 1C, Warrant 1089338 for a business related conflict of interest and Item 1H with respect to the portion relating to the intersection of Ramon and Thornhill.

Motion to approve Accept the agenda as present with the removal of Item 1L from the Consent Calendar for discussion, and noting the recusal of Councilmember Mills with respect to Item 1C, Warrant 1089338 for a business related conflict of interest and Item 1H with respect to the portion relating to the intersection of Ramon and Thornhill. Moved by Councilmember Roberts, seconded by Councilmember Kors.

Vote to approve Accept the agenda as present with the removal of Item 1L from the Consent Calendar for discussion, and noting the recusal of Councilmember Mills with respect to Item 1C, Warrant 1089338 for a business related conflict of interest and Item 1H with respect to the portion relating to the intersection of Ramon and Thornhill. (Approved)

PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY)

Ron Siegal, spoke opposing Item 3B and in support of banning gasoline powered leaf blowers and completely banning leaf blowers to eliminate the dust and particles being blown into the environment.

Brian Yaklick, spoke of his concerns relating to Item 3B.

Bruce Cronander, stated is opposition to Item 3B.

Adam Teixeira spoke requested more information relating to policies and guidelines relating vacation rentals.

Lucio Bernal provided his comments with respect to vacation rentals.

Lisa Middleton, spoke on behalf of One PS, stating thanking the subcommittee, Councilmembers Kors and Roberts, for addressing the many concerns brought forth by One PS.

Judy Deertrack provided comments with respect to Items 3A and 3B.

Robert Stone provided comments with respect to Item 3B.

James Murphy provided comments with respect to Item 3A.

Stephen Rose, requested submitting Ordinance 1907 to the voters.

Michael Valeo, thanked the Council and subcommittee, Councilmembers Kors and Roberts and spoke in support of Item 3B.

Chris Bale, stated his concurrance with the majority of Michael Valeo's comments and spoke of compromise and balance.

Jerry Keller provided comments with respect to Item 3B, adding no body like the propsed ordinance (Item 3B) which equates to it being a perfect ordinance.

Roy Clark, a member of the Sustainability Commission, provided comments from the Sustainability Commission's recommendation with respect to phasing out gasoline powered leaf blowers, ultimately banning them, entertaining the use of battery powered units, providing training, and desertscape, etc.

Marla Malaspina spoke opposing Item 3B.

Lisa Riding spoke in opposition to the proposed urgency ordinance, Item 3B.

Steve Rosenberg spoke against the vacation rental ordinance.

Frank Tysen, Palm Springs, spoke spoke in opposition of Item 3B. .

Jeremy Ogel, a representative from Home Away, spoke relating to 3B relating to the ordinance language and spoke of the need for clarity.

Doug Huth spoke in support Item 5B.

Niki Vandel spoke on Items 1C, 1F, 1L, and 3B.

Jim Madaffer, Citizens for a Better Palm Springs, spoke opposing Item 3B.

1. CONSENT CALENDAR:

Motion to approve

Approve Items 1A, 1B, 1C, 1D, 1E, 1F, 1G, 1H, 1I, 1J, and 1K; furthmore, noting the abstention of Councilmember Mills on Item 1C, Warrant 1089338 for a business related conflict of interest and recusal of on Item 1H with respect to the portion relating to the intersection of Ramon and Thornhill.

Moved by Mayor Pro Tem Foat , seconded by Councilmember Mills .

Vote to approve

Approve Items 1A, 1B, 1C, 1D, 1E, 1F, 1G, 1H, 1I, 1J, and 1K; furthmore, noting the abstention of Councilmember Mills on Item 1C, Warrant 1089338 for a business related conflict of interest and recusal of on Item 1H with respect to the portion relating to the intersection of Ramon and Thornhill.

1.A. APPROVAL OF MINUTES:

Item 1A Staff Report

1.B. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF JANUARY 2017:

Item 1B Staff Report

1.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:

1.D. TREASURER’S INVESTMENT REPORT AS OF DECEMBER 31, 2016:

Item 1D Staff Report

1.E. 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 1E Staff Report

1.F. ACCEPTANCE OF THE JAMES O. JESSIE DESERT HIGHLAND UNITY CENTER OUTDOOR PERFORMANCE STAGE AND OUTDOOR BALL FIELD LIGHTING PROJECT, CP 14-18:

Item 1F Staff Report

1.G. PALM SPRINGS INNOVATION HUB AND ACCELERATOR CAMPUS QUARTERLY REPORT:

Item 1G Staff Report

1.H. AWARD A CONSTRUCTION CONTRACT TO RUIZ CONCRETE & PAVING, INC. IN THE AMOUNT OF $122,452.80 FOR THE ADA CURB RAMPS PROJECT, CP 16-09:

Item 1H Staff Report

1.I. MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR CLASS 1 HISTORIC SITE LOCATED AT 360 CABRILLO ROAD UNIT: 232-233 (RACQUET CLUB COTTAGES WEST HD-3, HSPB 88):

Item 1I Staff Report

1.J. REPORT OF EMERGENCY ROAD CLEANUP AND REPAIRS DUE TO JANUARY 2017 FLOODING PURSUANT TO PALM SPRINGS MUNICIPAL CODE SECTION 7.04.040.:

Item 1J Staff Report

1.K. AUTHORIZE AN INCREASE IN THE AMOUNT OF $26,422 TO PURCHASE ORDER 17-0728 ISSUED TO WILLDAN ENGINEERING FOR THE FIRE STATION NO. 4 REHABILITATION, CP 15-25:

Item 1K Staff Report

EXCLUDED CONSENT CALENDAR:

1.L. CASA VERONA, LLC, REQUEST FOR A ONE-YEAR EXTENSION OF TIME FOR TENTATIVE TRACT MAP 33282; A PREVIOUSLY APPROVED SUBDIVISION OF A 6.1-ACRE PARCEL OF 25 SINGLE-FAMILY RESIDENTIAL LOTS LOCATED ALONG THE NORTH SIDE OF EAST VERONA ROAD AND WEST OF WHITEWATER RIVER:

Item 1L Staff Report

Councilmember Roberts requested langugage to be included with respect to the fact this extension is only for a one-year period.

Councilmember Kors stated he concurs with Councilmember Robers, reiterated this is the first extension.

Motion to approve Adopt Resolution No. 24174, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE-YEAR EXTENSION OF TIME REQUEST FOR TENTATIVE TRACT MAP 33282; A PREVIOUSLY APPROVED 25-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION ON A 6.1-ACRE PARCEL LOCATED ALONG THE NORTH SIDE OF E. VERONA ROAD AND WEST OF THE WHITEWATER RIVER, ZONED R-1-D, SECTION 6 (CASE 5.1035 / TTM 33282)." Moved by Councilmember Mills , seconded by Mayor Pro Tem Foat .

Vote to approve Adopt Resolution No. 24174, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE-YEAR EXTENSION OF TIME REQUEST FOR TENTATIVE TRACT MAP 33282; A PREVIOUSLY APPROVED 25-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION ON A 6.1-ACRE PARCEL LOCATED ALONG THE NORTH SIDE OF E. VERONA ROAD AND WEST OF THE WHITEWATER RIVER, ZONED R-1-D, SECTION 6 (CASE 5.1035 / TTM 33282)." (Approved)

2. PUBLIC HEARINGS:

2.A. PALM SPRINGS MODERN CONSTRUCTION, FOR A PRELIMINARY AND FINAL PLANNED DEVELOPMENT DISTRICT 5.1395-PDD 383 / MAJOR ARCHITECTURAL APPLICATION 3.3963 MAJ / TENTATIVE TRACT MAP 37210 FOR THE CONSTRUCTION OF A 64 UNIT CONDOMINIUM PROJECT NAMED 64@RIV LOCATED AT 2000 NORTH INDIAN CANYON DRIVE, AND IN ACCORDANCE TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) ADOPTING A MITIGATED NEGATIVE DECLARATION:

Item 2A Staff Report

Flinn Fagg, Director of Planning Services, provided background information as provided in the staff report.

Councilmember Roberts inquired about the conditions as requested by PC. Requested additional information re: PDD.

Mayor Pro Tem Foat requested additional information relating to open space.

Councilmember Roberts are we setting bad precents two owners relating to the shared open space. This was created in 1977.

Mayor Moon opened the public hearing at 7:16 p.m. The following addressed the Mayor and Council.

Dennis Cunningham provided information relating to the project and requested approval.

Christopher Brodwell, representing the Riviera Gardens HOA, requested an easement between Riviera Gardens and 64@Riv, adding Riviera Gardens supports this project.

Scott Lyle spoke in support of the project.

At 7:22 p.m., no others came forth to address the Mayor and Council, and Mayor Moon closed the public hearing.

Councilmember Roberts requested additional information and provided comments on the project, and stated support.

Councilmember Mills requested additional information and clarification relating to the project. Chris C provided additional information, AC on roofs, CM inquired about sun control. Chris C provided info. CM has issues with the landscaping and site plans. Via Escuala side. Why are the carports in the street vs. on the property. Chris C provided ???? all the landscaping will be done in Phase One, after the closing of the first unit.

Chris Mills does not support the carports on Via Escuela. Slump block wall - to be reused. Asked FF about the stacking gates at the back gate on Via Escuela.

Mayor Pro Tem Foat stated disappointment in the lack of garages. Agrees with Mr. Cunningham's comments relating to the ficus. Carports - why didn't you do solar panels there.

The developer stated in order to keep the price point at low to mid $300,000 it's not possible to include solar for each unit and garages; however, all units will be solar ready in the event the owner chooses to have solar installed at a later date.

GF asked about the gates. Reason?

Chris C stated - open space design development, and gated due to location, in a commercial area.

Councilmember Kors asked FF re solar, and commented relating to the gates. Likes the price point, design.

Mayor Moon AAC and PC unanimously approved this project. Like the layout, and inquired about when it may start. Supports the gates on this item. Address the solar issue.

Councilmember Mills requested clarification relating the landscape and streetscape. Chris C stated some of the areas behind Indian and Via Escuela are not large enough for anything but the ficus.

Councilmember Roberts supports additional conditions. Typically supports the gates, and supports gating this development. There are pedestrian gates.

Motion to approve 1) Adopt Resolution No. 24175, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION FOR A PLANNED DEVELOPMENT DISTRICT, A MAJOR ARCHITECTURAL APPLICATION, AND A TENTATIVE TRACT MAP FOR A 64 UNIT CONDOMINIUM PROJECT NAMED 64@RIV LOCATED AT 2000 NORTH INDIAN CANYON DRIVE (CASES 5.1395 PDD-383/ 3.3963 MAJ / TTM 37210 / ZONE R-3) ."
2) Adopt Resolution No. 24176, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PRELIMINARY AND FINAL PLANNED DEVELOPMENT DISTRICT (PDD-383) AS REQUIRED BY THE GENERAL PLAN LAND USE DESIGNATION OF TOURIST RESORT COMMERCIAL FOR A 64 UNIT CONDOMINIUM PROJECT NAMED 64@RIV LOCATED AT 2000 NORTH INDIAN CANYON DRIVE",
and adding the following conditions:

Palm Springs Modern Homes as the owner/developer of 64@Riv and the Riviera Gardens Homeowners Association to grant each other easements necessary for construction, maintenance, and repair of existing masonry wall and wrought-iron fence between both properties.
Easements to be shown on Tentative Tract Map 37210.
Palm Springs Modern Homes to repair existing masonry wall separating the 64@Riv property and the Riviera Gardens property to be completed before a Certificate of Occupancy can be granted for Building #4.
The applicant shall be required to design and construct a bus shelter for the current bus stop location adjacent to the development on N. Indian Canyon Drive. The shelter shall incorporate materials and details similar to the design of the condominium buildings, and shall be reviewed by the Architectural Advisory Committee prior to issuance of permits for the shelter. Construction of the shelter shall be completed prior to the issuance of a Certificate of Occupancy for the first residential building of the development.
3) Adopt Resolution No. 24177, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MAJOR ARCHITECTURAL APPLICATION FOR A 64 UNIT CONDOMINIUM PROJECT NAMED 64@RIV LOCATED AT 2000 NORTH INDIAN CANYON DRIVE."
4) Adopt Resolution No. 24178, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP (TTM 37210) FOR A 64 UNIT CONDOMINIUM PROJECT NAMED 64@RIV LOCATED AT 2000 NORTH INDIAN CANYON DRIVE."

Moved by Councilmember Roberts, seconded by Mayor Moon.

adding the requirement to provide a bus shelter, to be reviewed and approved by AAC.

Vote to approve 1) Adopt Resolution No. 24175, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION FOR A PLANNED DEVELOPMENT DISTRICT, A MAJOR ARCHITECTURAL APPLICATION, AND A TENTATIVE TRACT MAP FOR A 64 UNIT CONDOMINIUM PROJECT NAMED 64@RIV LOCATED AT 2000 NORTH INDIAN CANYON DRIVE (CASES 5.1395 PDD-383/ 3.3963 MAJ / TTM 37210 / ZONE R-3) ."
2) Adopt Resolution No. 24176, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PRELIMINARY AND FINAL PLANNED DEVELOPMENT DISTRICT (PDD-383) AS REQUIRED BY THE GENERAL PLAN LAND USE DESIGNATION OF TOURIST RESORT COMMERCIAL FOR A 64 UNIT CONDOMINIUM PROJECT NAMED 64@RIV LOCATED AT 2000 NORTH INDIAN CANYON DRIVE",
and adding the following conditions:

Palm Springs Modern Homes as the owner/developer of 64@Riv and the Riviera Gardens Homeowners Association to grant each other easements necessary for construction, maintenance, and repair of existing masonry wall and wrought-iron fence between both properties.
Easements to be shown on Tentative Tract Map 37210.
Palm Springs Modern Homes to repair existing masonry wall separating the 64@Riv property and the Riviera Gardens property to be completed before a Certificate of Occupancy can be granted for Building #4.
The applicant shall be required to design and construct a bus shelter for the current bus stop location adjacent to the development on N. Indian Canyon Drive. The shelter shall incorporate materials and details similar to the design of the condominium buildings, and shall be reviewed by the Architectural Advisory Committee prior to issuance of permits for the shelter. Construction of the shelter shall be completed prior to the issuance of a Certificate of Occupancy for the first residential building of the development.
3) Adopt Resolution No. 24177, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MAJOR ARCHITECTURAL APPLICATION FOR A 64 UNIT CONDOMINIUM PROJECT NAMED 64@RIV LOCATED AT 2000 NORTH INDIAN CANYON DRIVE."
4) Adopt Resolution No. 24178, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP (TTM 37210) FOR A 64 UNIT CONDOMINIUM PROJECT NAMED 64@RIV LOCATED AT 2000 NORTH INDIAN CANYON DRIVE."

2.B. WLA INVESTMENTS, INC. REQUESTING A CHANGE OF ZONE FOR AN EXISTING DEVELOPMENT KNOWN AS THE NORTH VILLAGE CENTER LOCATED AT 19345-19465 NORTH INDIAN CANYON DRIVE, AND IN ACCORDANCE TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) ADOPTING A NEGATIVE DECLARATION, ZONE HC, SECTION 15:

Item 2B Staff Report

Councilmember Kors and Mayor Pro Tem Foat INQUIRED OF WHO WLA is.

Flinn Fagg, Director of Planning Services, , provided background information as provided in the staff report.

At 8:07 p.m. opened the Public Hearing.

Noel Ramos, spoke on behalf of WLA Investments, Inc., providing additional information with respect to the project, and requested approval.

8:09 closed

Mayor Pro Tem Foat requested additional information.

Motion to approve Waive the reading of the text in its entirety and introduce on first reading Ordinance No. 1915, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION (ND) AND APPROVING A CHANGE OF ZONE FROM HC (HIGHWAY COMMERCIAL) TO M-2 (MANUFACTURING) FOR AN EXISTING LIGHT INDUSTRIAL DEVELOPMENT LOCATED AT 19345-19465 NORTH INDIAN CANYON DRIVE, SECTION 15 (CASE 5.1401-ZC)." Moved by Councilmember Mills , seconded by Councilmember Kors.

Vote to approve Waive the reading of the text in its entirety and introduce on first reading Ordinance No. 1915, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION (ND) AND APPROVING A CHANGE OF ZONE FROM HC (HIGHWAY COMMERCIAL) TO M-2 (MANUFACTURING) FOR AN EXISTING LIGHT INDUSTRIAL DEVELOPMENT LOCATED AT 19345-19465 NORTH INDIAN CANYON DRIVE, SECTION 15 (CASE 5.1401-ZC)." (Approved)

2.C. PROPOSED ORDINANCE TO AMEND THE PALM SPRINGS ZONING CODE (PSZC) RELATING TO SEPARATION DISTANCE REQUIREMENTS FOR MEDICAL CANNABIS COOPERATIVES OR COLLECTIVES AND MEDICAL CANNABIS DISPENSARIES (CASE 5.1218-E ZTA):

Item 2C Staff Report

Doulas Holland, City Attorney, provided background information as provided in the staff report.

Councilmember Kors requested additional information relating to the distance.

Mayor Pro Tem Foat requested clarification.

Mayor Moon stated concurrence to Mayor Pro Tem Foat's comments and requested additional information.

Councilmember Kors inquired if this has been discussed with the Palm Springs Unified School District.

At 8:20 p.m., Mayor Moon opened the public hearing.

Robert Van Roo provided comments relating to an unlicensed dispensary/cooperative/collective.

Stephen Mueller spoke in support of this item.

Joy Meredith spoke in support of this item and provided comments relating to an unlicensed dispensary/cooperative/collective.

Steve Rosenburg provided comments on this item and voiced concerns.

At 8:27 p.m., no other came forth to address the Mayor and Council, and Mayor Moon closed the public hearing.

Councilmember Kors requested additional information relating to the noticing process for Planning Commission meetings and requested additional information from the Palm Springs Unified School District before voting.

Motion to approve Waive the reading of the text and introduce for first reading Ordinance No. 1916, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTION C OF SECTION 93.23.15 OF THE PALM SPRINGS ZONING CODE (PSZC) RELATING TO LOCATIONAL REQUIREMENTS FOR MEDICAL CANNABIS DISPENSARIES IN THE CITY." Moved by Councilmember Roberts, seconded by Mayor Pro Tem Foat .

Vote to approve Waive the reading of the text and introduce for first reading Ordinance No. 1916, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTION C OF SECTION 93.23.15 OF THE PALM SPRINGS ZONING CODE (PSZC) RELATING TO LOCATIONAL REQUIREMENTS FOR MEDICAL CANNABIS DISPENSARIES IN THE CITY." (Approved)

At 8:36 p.m. Mayor Moon called for a recess.

Meeting went into Recess

Meeting Reconvened

At 8:47 p.m. Mayor Moon reconvened the meeting.

3. LEGISLATIVE:

At 8:48 p.m. Councilmember Mills stated he will not participate nor vote on Items 3A and 3B due to a personal property conflict of interest, and exited the Council Chamber.

3.A. ORDINANCE NO. 1907 REFERENDUM PETITION RELATING TO VACATION RENTALS:

Item 3A Staff Report

Kathleen Hart, Interim City Clerk, provided the background information as provided in the staff report.

Motion to approve 1) Receive and file the attached Certificate of Sufficiency for a petition titled "Referendum Against an Ordinance Passed by the City Council - Ordinance No. 1907." 2) Direct staff to prepare necessary documents for further consideration of the City Council. Moved by Councilmember Kors, seconded by Councilmember Roberts.

Vote to approve 1) Receive and file the attached Certificate of Sufficiency for a petition titled "Referendum Against an Ordinance Passed by the City Council - Ordinance No. 1907." 2) Direct staff to prepare necessary documents for further consideration of the City Council. (Approved)

3.B. RESCIND ORDINANCE NO. 1907, ADOPT INTERIM URGENCY ORDINANCE RELATING TO VACATION RENTALS (4/5THS VOTE REQUIRED), AND INTRODUCE AN ORDINANCE RELATING TO VACATION RENTALS:

Item 3B Staff Report

Douglas Holland, City Attorney, provided background information as provided in the staff report.

Councilmember Kors spoke that he

GK provided a recap of the referendum and the meetings of the the ad hoc with many citizens, such as Protect Our Neighborhood, ...... stakeholders. Since then, Citizens for a Better Palm Springs and Protect our Neighborhoods once agreed to the proposed ordinance but since then has changed their minds.

JR provided comments held many meetings in hopes of crafting a ordinance is a result of all the meetings in the most recent meeting they had unilateral agreement, and they changed their minds his belief is to start some where the new ordinance is different, provided an outline of the proposed ordinance.

Mayor Moon stated his support of Ordinance No. 1907. He stated he does not support STRs. Stated he is not able to support the proposed ordinance, and let it go to the voters. Supports letting it be on the ballot in November 2017.

Councilmember Kors

Mayor Pro Tem Foat provided her comments stated her support for the proposed ordinance.

Councilmember Roberts addressed the reason for the urg ord The vacation rental industry has risen and provided assistance.

Councilmember Kors stated the reasons for supporting this ordinance, and spoke of the many requirements.

Councilmember Roberts stated ....

Mayor Moon

Councilmember Roberts

Mayor Pro Tem Foat

After discussion it was the conscensus to vote on each item separately.

Motion to adopted Waive the reading of the text in its entirety and adopt Ordinance No. 1917, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, RESCINDING ORDINANCE NO. 1907;” Moved by Mayor Pro Tem Foat , seconded by Councilmember Kors.

Vote to adopted Waive the reading of the text in its entirety and adopt Ordinance No. 1917, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, RESCINDING ORDINANCE NO. 1907;” (Approved)

Motion to Denied Waive the reading of the text and adopt Urgency Ordinance No. ____, "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.25 OF, AND ADDING SECTION 93.23.16 TO, THE PALM SPRINGS MUNICIPAL CODE RELATING TO VACATION RENTALS (4/5ths Vote Required)." Moved by Councilmember Roberts, seconded by Mayor Pro Tem Foat .

Vote to Denied Waive the reading of the text and adopt Urgency Ordinance No. ____, "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.25 OF, AND ADDING SECTION 93.23.16 TO, THE PALM SPRINGS MUNICIPAL CODE RELATING TO VACATION RENTALS (4/5ths Vote Required)." (Approved)

Motion to approved on first reading Waive the reading of the text in its entirety and introduce and refer to the Planning Commission for review and comment, Ordinance No. 1918, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.25 OF, AND ADDING SECTION 93.23.16 TO, THE PALM SPRINGS MUNICIPAL CODE RELATING TO VACATION RENTALS." Moved by Councilmember Kors, seconded by Mayor Pro Tem Foat .

Vote to approved on first reading Waive the reading of the text in its entirety and introduce and refer to the Planning Commission for review and comment, Ordinance No. 1918, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.25 OF, AND ADDING SECTION 93.23.16 TO, THE PALM SPRINGS MUNICIPAL CODE RELATING TO VACATION RENTALS." (Approved)

At 9:49 p.m. Councilmember Mills returned to the dais.

4. UNFINISHED BUSINESS: None.

5. NEW BUSINESS:

5.A. FISCAL YEAR 2015-16 AUDIT REPORTS BY THE CITY’S INDEPENDENT AUDITORS:

Item 5A Staff Report

David Ready, City Manager, provided background information as provided in the staff report.

Motion to approve Receive and file the Fiscal Year 2015-16 Audit Reports prepared by the City's independent auditors. Moved by Councilmember Kors, seconded by Councilmember Roberts.

Vote to approve Receive and file the Fiscal Year 2015-16 Audit Reports prepared by the City's independent auditors. (Approved)

5.B. CONSIDERATION OF REGULATIONS LIMITING THE USE OF GASOLINE POWERED LEAF BLOWERS:

Item 5B Staff Report

5.C. ADMINISTRATIVE ANALYSIS AND CONFORMITY REPORT FOR A PROPOSED 3.0 MEGAWATT WIND ENERGY CONVERSION SYSTEM (“WECS”) ON TRIBAL TRUST LAND LOCATED SOUTHEAST OF THE INTERSECTION OF HIGHWAY 111 AND THE I-10 FREEWAY, O-5 (OPEN LAND) ZONE:

Item 5C Staff Report

5.B. CONSIDERATION OF REGULATIONS LIMITING THE USE OF GASOLINE POWERED LEAF BLOWERS:

David Ready, City Manager, provided background information as provided in the staff report.

Councilmember Kors commended the commission for their hard work, and requested additional information.

Councilmember Roberts requested additional information. Is it possible to eliminated leaf blowers totally?

Councilmember Mills

Councilmember Roberts

After City Council discussion, staff was directed to draft an ordinance consistant with the Sustainability Commission's recommendation including phasing out gas powered leaf blowers in favor of the electric leaf blowers, requiring water saving landscaping classes, and researching grant funds to help offset the costs including possible monies in the City's Recycling Fund.

Councilmember Roberts

5.C. ADMINISTRATIVE ANALYSIS AND CONFORMITY REPORT FOR A PROPOSED 3.0 MEGAWATT WIND ENERGY CONVERSION SYSTEM (“WECS”) ON TRIBAL TRUST LAND LOCATED SOUTHEAST OF THE INTERSECTION OF HIGHWAY 111 AND THE I-10 FREEWAY, O-5 (OPEN LAND) ZONE:

Flinn Fagg, Director of Planning Services, provided background information as provided in the staff report.

Councilmember Mills

Motion to approve Adopt Resolution No. 24179, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONFORMITY REPORT FOR A PROPOSED 3.0 MEGAWATT WIND ENERGY CONVERSION SYSTEM (“WECS”) ON TRIBAL TRUST LAND LOCATED TO THE SOUTHEAST OF THE INTERSECTION OF HIGHWAY 111 AND THE I-10 FREEWAY (CASE 5.1406).” Moved by Councilmember Roberts, seconded by Councilmember Kors.

Vote to approve Adopt Resolution No. 24179, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONFORMITY REPORT FOR A PROPOSED 3.0 MEGAWATT WIND ENERGY CONVERSION SYSTEM (“WECS”) ON TRIBAL TRUST LAND LOCATED TO THE SOUTHEAST OF THE INTERSECTION OF HIGHWAY 111 AND THE I-10 FREEWAY (CASE 5.1406).” (Approved)

PUBLIC COMMENT: (Non-Agenda Items)

Bill McMillan requested the city become a sanctuary city.

Edward Holchauer requested the city become a sanctuary city.

Carlos Pineda spoke requested the city become a sanctuary city.

Ruth Debra requested the city become a sanctuary city.

Patty Lasky requested the city become a sanctuary city.

Brenda Adams requested the city become a sanctuary city.

David Remington requested the city become a sanctuary city.

Chris Paddock requested the city become a sanctuary city.

Phyllis Burgess requested adding the invocation back on the agenda.

Frank Tysen provided comments on the work of the Vacation Rental ad hoc Subcommittee, Councilmembers Kors and Roberts.

Rick Pantele requested the city become a sanctuary city.

John Rivett requested the city become a sanctuary city.

Mark Matthews stated he is a resident of the Pinnacle Development, owned by Skyline Development LLC, a California limited liability corporation with the owner in Vancouver. He requested the following three (3) items to be completed by the developer:
1. Completion of the roadways.
2. Completion of the sewer system, including the manholes to be at street level.
3. Placement of the monuments in accordance to the Subdivision Map Act.

COUNCILMEMBER COMMENTS, REQUESTS, REPORTS, AND UPCOMING AGENDA DEVELOPMENT:

Councilmember Kors stated since the 1980's the City and Police Department has had policies in place that citizens are not questioned about their immigration status; adding, he had previously requested an ordinance be placed on the agenda in March which will broaden the anti-discrimination practices covering many categories, including prohibiting officials from requesting information with respect to ones immigration status, religion, sexual orientation, prohibits profiling based on those categories.

Councilmember Kors requested the following be placed on the March 1, 2017, agenda, if possible:
1. Apartment Conversions. Recently an ordinance was adopted address the relocation expenses due the conversion of apartments to hotels and condominiums, and would like to expand it to address all apartment conversions.
2. Place on the March 1, 2017, agenda for discussion of the Sign Ordinance, the immediate need is to address portable signs.

Councilmember Kors commented on the portable signs on private/public properties/sidewalks on Palm Canyon. The need for enforcement to ensure ADA compliance with respect to portable signs. There are some signs placed on the middle of the sidewalk that does not allow ample space for a wheelchair to turn around.

Councilmember Mills stated the visitors center has approximately 335,000 visitors there annually, some of the space at the visitors center is leased to others i.e. the Monument, Tribe, and others. Requested placing on the next agenda consideration of the adjacent property for potential use by the Tram and Tribe, adding both the Tram and Tribe have made formal decisions to explore possibilities.

Councilmember Mills stated Mr. Matthews' request is viable, and requested enforcement and resolution.

Mayor Pro Tem Foat stated the CV Link ad hoc Subcommittee held a public meeting, and another Public Meeting will be held once the EIR Comment Period is closed.

Mayor Pro Tem Foat stated she and Councilmember Kors had another Homeless Task Force meeting and will provide a report at the next meeting.

ADJOURNMENT:

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