Video index
4:30 p.m. CALL TO ORDER (Council Chamber):
PUBLIC COMMENT (Council Chamber):
RECESS TO CLOSED SESSION (Small Conference Room):
03-01-2017 Closed Session Agenda
6:00 p.m. CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
Roll Call: 6 members present, 0 members absent, 0 members excused.
PRESENTATIONS:
CITY MANAGER’S REPORT: None.
REPORT OF CLOSED SESSION:
Doug Holland gave a report on the Oswit Canyon item in relation to the Tribe; therefore, language was added after initiative of the proposed ordinance for Council action.
This additional language was added for both actions:
1. Adopt a presented by the propoments of the initiative measure, or
2. Call a special election.
Aditionally, Mr. Holland read for the record the language that was added:
"In the event any provision of this Ordinance changes, amends, or modifies the land use designations or the land uses of any trust land within the Agua Caliente Indian Reservation, such provision shall not become effective until the Tribal Council of the Agua Caliente Band of Cahuilla Indians reviews and consults with the City as provided under the 1977 Land Use Contract, as amended, between the Tribe and the City.""In the event any provision of this Ordinance violates the provisions of the August 18, 1993 Stipulated Judgment entered by the Court in the case of
Sierra Club, et al. v. All Persons Interested in the Matter of the Redevelopment Plan for Canyon Redevelopment Project
(Riverside County Case No. 64725), such provision shall not be enforced until the Court approves such provision as provided in Sections V or VI of the Stipulated Judgment."
Mr. Holland noted the above will still be in effect whether there are changes made by the voters or the City.
Mr. Holland noted a provision in the measure, recognizing a certain level of flexibility, special policy area. This amends a previous Council with respect Chino Cone provisions and cited the language:
" Development densities in the Chino Cone and Oswit Cone are one dwelling unit per forty acres (1 du/40 ac). Development applications in excess of this density may be considered with the submittal of a Specific Plan and its associated environmental documentation, which would by action, establish a general plan amendment. In all cases, development within the Chino Cone and Oswit Cone Special Policy Area must be consistent with the Environmentally Sensitive Development Areas Specific Plan Ordinance (ESA-SP) in the Palm Springs Zoning Code. The Palm Hills Special Policy Area allows residential and resort development at a maximum of 1 dwelling unit/hotel unit per acre, not to exceed a total of 1,200 units. Any development proposed in the Palm Hills area will require the preparation of a Specific Plan and a related environmental impact report."
ACCEPTANCE OF THE AGENDA:
Councilmember Mills requested removed 1K from the Consent Calendar for a separate vote.
Councilmember Kors requested removing 1A from the Consent Calendar.
Motion to approve ACCEPTANCE OF THE AGENDA, removing 1A and 1K from the Consent Calendar. Moved by Mayor Pro Tem Foat, seconded by Councilmember Roberts.
Vote to approve ACCEPTANCE OF THE AGENDA, removing 1A and 1K from the Consent Calendar. (Approved)
PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY)
Robert Findley voiced concerns with respect to 1D.
Ed Dube spoke in support of the Oswit Cone initiative, and requested the Council adopt the proposed ordinance as presented by the proponents.
David Lahti state the Agua Caliente Band of Cahuilla Indians supports the initiative due to the fact it does not effect Tribal lands.
Charlie LaMorte spoke in support of 3A, and requested the Council vote in support of the proposed ordinance as presented by the proponents.
Allen Worthy spoke in support of Oswit Canyon.
Jane Garrison spoke in support of the Oswit Canyon Initiative and adoption of the proposed ordinance as presented.
Andy Gibbs spoke in support of the Oswit Canyon Initiative.
Les Barclay spoke in support of Oswit Canyon without going to a vote of the people.
Christopher Meyers spoke in support of Oswit Canyon.
Elise Kern spoke on behalf of the owners of property in the Oswit Canyon area and objects to the adoption of the proposed ordinance as presented by the proponents.
Victoria Shaver spoke in support of Oswit Canyon.
Steve Rosenberg, spoke in reference to 3.A, and it may be a regulatory taking of land.
Judy Deertrack spoke in support of saving Oswit Canyon and voiced concerns relating to Planned Development Districts.
Max Groso spoke in support of Oswit Canyon. Additionally, commented on 1D, requesting the distance be kept at 200 feet vs 500 feet.
Kerry Pucket spoke in support of Oswit Canyon.
Randy Jespersen spoke in support of Oswit Canyon.
Mindy Reed spoke regarding taking away A-frame signs and their impact on running a successful business.
Kathy Weremiuk regarding a potentially unconstitutional sign ordinance.
Aftab Dada spoke on 5C and requested tabling 5C and continue negotiations.
Joy Meredith spoke on behalf of Crystal Fantasy and Mainstreet regarding 5B the sign ordinance. Need additional time for business owners to review and comment.
Will Stiles made a general comment it's impossible to achieve greatness with taking risks, encourage the Council to take risks. In closing he provided his opinion that the City Council are great and requested they lead by example.
Tanya Petrovna spoke in support of 3A and requested the Council adopt the proposed ordinance as presented by the proponents.
1. CONSENT CALENDAR:
Motion to approve Approve Consent Calendar Items 1B, 1C, 1E, 1F, 1G, 1H, 1I, and 1J. Moved by Councilmember Roberts, seconded by Councilmember Mills.
Vote to approve Approve Consent Calendar Items 1B, 1C, 1E, 1F, 1G, 1H, 1I, and 1J. (Approved)
1.B. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
Item 1B Staff Report
1.C. SECOND READING AND ADOPTION OF ORDINANCE NO. 1915, ADOPTING A NEGATIVE DECLARATION (ND) AND APPROVING A CHANGE OF ZONE FROM HC (HIGHWAY COMMERCIAL) TO M-2 (MANUFACTURING) AT 19345-19465 NORHT INDIAN CANYON DRIVE:
Item 1C Staff Report
1.E. ACCEPTANCE OF THE CALLE PALO FIERRO SEWER LINE REPLACEMENT, CP 16-14:
Item 1E Staff Report
1.F. APPROVE AMENDMENT NO. 5 TO AGREEMENT NO. A5580 WITH DOKKEN ENGINEERING IN THE AMOUNT OF $67,000 FOR POST CONSTRUCTION ENVIRONMENTAL MITIGATION SERVICES FOR THE BOGERT TRAIL BRIDGE REHABILITATION PROJECT, FEDERAL AID PROJECT NO. BHLS 5282 (026), CP 07-03:
Item 1F Staff Report
1.G. AUTHORIZE AN INCREASE IN THE AMOUNT OF $19,780 TO PURCHASE ORDER 17-0727 ISSUED TO HARRIS & ASSOCIATES FOR THE SOUTH PALM CANYON DRIVE AT LA PLAZA SAFETY BOLLARD INSTALLATIONS, CP 15-29:
Item 1G Staff Report
1.H. MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR CLASS 1 HISTORIC SITE LOCATED AT 360 CABRILLO ROAD UNIT 114 -115 (RACQUET CLUB COTTAGES WEST HD-3):
Item 1H Staff Report
1.I. MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR CLASS 1 HISTORIC SITE LOCATED AT 1746 S. PALM CANYON DRIVE (ROYAL HAWAIIAN ESTATES HD 2):
Item 1I Staff Report
1.J. APPROVAL OF A SEWER CONNECTION EXEMPTION FOR THE PROPERTY LOCATED AT 2225 LEONARD ROAD IN ACCORDANCE WITH TITLE 15 OF THE PALM SPRINGS MUNICIPAL CODE:
Item 1J Staff Report
Councilmember Kors requested 1D be excluded from the approval of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
1.A. APPROVAL OF MINUTES:
Item 1A Staff Report
Councilmember Kors stated he would like the Minutes to reflect he appreciates the design and relative affordability, and opposed the gates on Minutes of February 15, 2017, Page 8, Public Hearing Item 2A, 64@RIV.
The City Council unanimously approved the City Council Minutes of February 15, 2017, February 13, 2017, and February 1, 2017, with the modification to the February 15, 2017, Minutes as noted by Councilmember Kors.
1.D. SECOND READING AND ADOPTION OF ORDINANCE NO. 1916, AMENDING THE PALM SPRINGS ZONING CODE (PSZC) RELATING TO SEPARATION DISTANCE REQUIREMENTS FOR MEDICAL CANNABIS COOPERATIVES OR COLLECTIVES AND MEDICAL CANNABIS DISPENSARIES:
Item 1D Staff Report
Councilmember Kors stated the Palm Springs Unified School District has requested a 500' distance from the schools, and requested clarification with respect to additional dispensaries.
Motion to approve Waive the second reading of the ordinance text in its entirety, read by title only, and adopt 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” after brief discussion. Moved by Councilmember Mills, seconded by Mayor Pro Tem Foat.
Vote to approve Waive the second reading of the ordinance text in its entirety, read by title only, and adopt 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” after brief discussion. (Approved)
1.K. ACCEPTANCE OF THE PALM SPRINGS ENTRY SIGNS, CITY PROJECT NO. 13-31:
Item 1K Staff Report
Brief Council discussion ensured.
Motion to approve 1) Accept the public works improvement identified as the Palm Springs Entry Signs as completed in accordance with the plans and specifications, CP 13-31.
2) Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Palm Springs Entry Signs, CP 13-31. A6796. Moved by Councilmember Mills, seconded by Mayor Pro Tem Foat.
Vote to approve 1) Accept the public works improvement identified as the Palm Springs Entry Signs as completed in accordance with the plans and specifications, CP 13-31.
2) Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Palm Springs Entry Signs, CP 13-31. A6796. (Approved)
Councilmember Roberts
2. PUBLIC HEARINGS:
2.A. APPEAL BY SUMMIT LAND PARTNERS, LLC, OF THE PLANNING COMMISSION ACTION TO DENY A PLANNED DEVELOPMENT DISTRICT APPLICATION, VESTING TENTATIVE TRACT MAP APPLICATION, AND A MAJOR ARCHITECTURAL APPLICATION FOR THE DEVELOPMENT OF A 90-LOT SINGLE-FAMILY SUBDIVISION ON A 13.28 ACRE PARCEL AT THE SOUTHWEST CORNER OF EAST PALM CANYON DRIVE AND MATTHEW DRIVE, ZONE R-3 (CASE NO. 5.1384-PD 381/VTTM 36969/MAJ 3.3902):
Item 2A Staff Report
Flinn Fagg, Director of Planning Services, provided background information as outlined in the staff report dated March 1, 2017.
After brief Council discussion, public hearing was not opened based on the fact it is being returned to the Planning Commission for reconsideration.
Motion to approve Take no action on the appeal and return the applications to the Planning Commission to reconsider at a public hearing the applications and provide a resolution supporting their findings. Moved by Mayor Pro Tem Foat, seconded by Councilmember Roberts.
Vote to approve Take no action on the appeal and return the applications to the Planning Commission to reconsider at a public hearing the applications and provide a resolution supporting their findings. (Approved)
2.B. CORTEL INC. (VERIZON WIRELESS) FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A FORTY-FIVE FOOT TALL MONOPALM STRUCTURE WITH ASSOCIATED EQUIPMENT SHELTER, INCLUDING A CEQA DETERMINATION OF CATEGORICAL EXEMPTION, AT THE METHODIST CHURCH OF PALM SPRINGS LOCATED AT 1555 EAST ALEJO ROAD, ZONE MBR (CASE NO. 5.1387 CUP):
Flinn Fagg, Director of Planning Services, provided background information as outlined in the staff report dated March 1, 2017.
Councilmember Roberts spoke with respect to the maintenance of monopalms.
Andrea Urbas, Applicant
Ahmad Smith
2B Marjorie Conley Aikens spoke in support of the cell tower.
2B Maureen Brealey spoke in support of the cell tower.
2B Jim McInerney spoke in support of the cell tower.
2B Elizabeth Bidwell spoke in support of the cell tower.
Motion to approve Adopt Resolution No. 24186, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE INSTALLATION OF A FORTY-FIVE FOOT TALL MONOPALM COMMERCIAL COMMUNICATION ANTENNA STRUCTURE WITH ASSOCIATED EQUIPMENT SHELTER AT THE METHODIST CHURCH OF PALM SPRINGS LOCATED AT 1555 EAST ALEJO ROAD, ZONE MBR, SECTION 14, INCLUDING A CATEGORICAL EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, (CASE NO. 5.1387 CUP)." Moved by Councilmember Mills, seconded by Councilmember Roberts.
Vote to approve Adopt Resolution No. 24186, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE INSTALLATION OF A FORTY-FIVE FOOT TALL MONOPALM COMMERCIAL COMMUNICATION ANTENNA STRUCTURE WITH ASSOCIATED EQUIPMENT SHELTER AT THE METHODIST CHURCH OF PALM SPRINGS LOCATED AT 1555 EAST ALEJO ROAD, ZONE MBR, SECTION 14, INCLUDING A CATEGORICAL EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, (CASE NO. 5.1387 CUP)." (Approved)
2.C. SUNLIGHT PEAK LLC (DBA: "EPIC HOTEL"), FOR A CONDITIONAL USE PERMIT TO ALLOW AN EIGHT (8) UNIT BOUTIQUE HOTEL TO CONTAIN KITCHENS, LOCATED AT 275 EAST TAMARISK ROAD, ZONE R-3 (CASE 5.1404 CUP):
Flinn Fagg, Director of Planning Services, provided background information as outlined in the staff report dated March 1, 2017.
Item 2C Staff Report
Councilmember Roberts questioned
Councilmember Kors spoke regarding PC wanting policy guidance from the City Council.
Mayor Pro Tem Foat
Kevin Stachel, applicant
James Cioffi spoke re market rental rates and that is what current tenants are paying.
Hal Hall, tenants are not long term.
Kathy Weremiuk, thanked Councilmember Kors for calling this up.
Mayor Moon was impressed by the property and visited 2 units. rooms are small and property is blighted
Councilmember Roberts, Cioffi did a nice job on the project, boutique hotels lend themselves to longer stays, policy re tenants being evicted for conversions
Mayor Pro Tem Foat, does not like ambiguity and list is needed of tenants who need relocation, supports project because property is blighted
Councilmember Kors spoke re conversions and in support of the project
Councilmember Mills, City has policy on everything that has been mentioned, we should be utilizing current policy
Motion to approve Provide direction to staff as to the disposition of Case 5.1404 CUP. Moved by Councilmember Mills, seconded by Mayor Pro Tem Foat.
Vote to approve Provide direction to staff as to the disposition of Case 5.1404 CUP. (Approved)
2.D. ADMINISTRATIVE REVIEW AND CONFORMITY REPORT FOR THE VISION AGUA CALIENTE MASTER PLAN, TO ALLOW FOR THE EXPANSION OF THE EXISTING SPA RESORT CASINO, 350 HOTEL ROOMS, MEETING ROOMS, RETAIL/CULTURAL SPACE, A SPA/FITNESS CENTER, AND A PARKING STRUCTURE ON AN 18-ACRE CONSOLIDATED SITE LOCATED AT THE NORTHEAST CORNER OF INDIAN CANYON DRIVE AND TAHQUITZ CANYON WAY, ZONE RA ("RESORT ATTRACTION"), SECTION 14 (CASE 5.1410):
Item 2D Staff Report
Item 2D Draft EIR
Item 2D EIR Appendices
Flinn Fagg, Director of Planning Services, provided background information as outlined in the staff report dated March 1, 2017.
Meeting went into Recess
Meeting Reconvened
Mayor Moon opened the public hearing.
Donna Florence, City given greater responsibility and authority.
Robert Stone, complimented staff on content of staff report. Tribe will be putting up tallest building in the city. Questioned content of EIR.
Al Silverstein stated Tribe meeting was underpublicized, inconclusive plan, competition with existing business and hotels.
Judy Deertrack, spoke to staff re inability to comment on Tribal land plans, referred to Compact language re injunction possibility.
Frank Tysen, draft EIR is false, City staff state can go 100ft which is still not acceptable. City gave power away by giving street rights of way.
Brian Yaklich is disheartened by the project, too tall, safety moving to/from, impact on existing hotels and businesses. Need to reach commonalities with the Tribe.
No others came forth to address the Mayor and City Council and Mayor Moon closed the public hearing.
Councilmember Roberts realizes magnitude of project, need to look at harmony and balance and it is out of scale with the rest of the city. Concerned about the scale tremendously. Grave concern with lack of open space in project. Parking concerns which City has tried to work out on other projects and expects the same for the Tribal project.
Mayor Pro Tem Foat, shares Councilmember Roberts concerns, understaffed in PD and FD, does not support over 100ft, can we affect the outcome like RM did with the hotel/casino there. She has more questions than answers and is uncomfortable voting on item at this point.
Flinn Fagg responded to concerns.
David Ready, City Manager, added further comments about concerns.
Mayor Moon, discussed costs and possibility of building 2 shorter hotels (under 100ft), public safety needs etc.
Councilmember Mills, proposed project immediately scares people, Tribe is proposing 40% minimum open space, considers it a "Use Plan" not a Master Plan. Commends staff on assessment of EIR. We have past complementary relationship with Tribe, including mutual trust. Hesitant when voting on past abandonment of street rights of way to Tribe. City has future input into site plan etc. Council can vote on Reso with conditions like any other project we condition.
Councilmember Roberts continues to struggle with this and respectfully disagrees with colleague, cannot have leap of faith and vote on Conformity Report at this time without additional review. Cannot support 175ft height. Can only support creating an ad hoc subcommittee to discuss.
Councilmember Kors commended staff for a great report,
Tom Davis answered questions re the SDF
Councilmember Mills, needs to be approved so conditions can be voiced, our normal role is in the driver's seat and we are in the passenger seat on this one.
Mayor Moon there are allowances in Compact for public safety services.
Motion to approve 1) Open the public hearing and receive public input.
2) Adopt Resolution No. 24187, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONFORMITY REPORT FOR THE VISION AGUA CALIENTE MASTER PLAN, ON AN 18-ACRE CONSOLIDATED SITE LOCATED AT THE NORTHEAST CORNER OF INDIAN CANYON DRIVE AND TAHQUITZ CANYON WAY IN SECTION 14.
3) Schedule a joint meeting with the Tribal Council pursuant to Section 5 of Agreement No. A1324 to discuss issues relative to the Vision Agua Caliente Master Plan, or as an alternative, appoint a Mayor Moon and Councilmember Mills to the City Council ad hoc subcommittee, with a sunset date of December 31, 2017, to work with City staff and Tribal staff in resolving any issues related to the Master Plan. Moved by Councilmember Mills, seconded by Mayor Moon.
Vote to approve 1) Open the public hearing and receive public input.
2) Adopt Resolution No. 24187, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONFORMITY REPORT FOR THE VISION AGUA CALIENTE MASTER PLAN, ON AN 18-ACRE CONSOLIDATED SITE LOCATED AT THE NORTHEAST CORNER OF INDIAN CANYON DRIVE AND TAHQUITZ CANYON WAY IN SECTION 14.
3) Schedule a joint meeting with the Tribal Council pursuant to Section 5 of Agreement No. A1324 to discuss issues relative to the Vision Agua Caliente Master Plan, or as an alternative, appoint a Mayor Moon and Councilmember Mills to the City Council ad hoc subcommittee, with a sunset date of December 31, 2017, to work with City staff and Tribal staff in resolving any issues related to the Master Plan. (Approved)
3. LEGISLATIVE:
David Ready, City Manager, stated he has a conflict of interest and will not participate in the discussion of Item 3A, and exited the Council Chamber.
3.A. PROPOSED ACTIONS REGARDING AN INITIATIVE MEASURE AMENDING THE PALM SPRINGS ZONING CODE, CANYON SOUTH SPECIFIC PLAN AND GENERAL PLAN, TO DESIGNATE OSWIT CONE AS AN AREA SUBJECT TO THE ENVIRONMENTALLY SENSITIVE AREA REGULATIONS FILED FOR CONSIDERATION OR CALLING A SPECIAL ELECTION AND OTHER MATTERS AS REQUIRED BY LAW:
Item 3A Staff Report
Kathleen Hart and Douglas Holland, Interim City Clerk and City Attorney respectively, provided the background information as outlined in the staff report.
Councilmember Roberts asked, who would not find this desirable. Also, a developer has the option to come back.
GK thanked staff for their hard work. subcomm recommend adopt it.
Councilmember Kors provided an outline of materials provided by the Fish and Wildlife.
Mayor Pro Tem Foat this is a long drawn out process.
Mayor Moon stated his support, and yes, this will be a long process.
Councilmember Mills stated his support, and want the record to reflect that he is voting for it because he wants to save the CITY $80k. There are segments of the initiate that he believes is not true. No agreeing with all the whereas's in this initiative. does not like to zone by emotion.
Mayor Pro Tem Foat wants to stress the fact that this property is owned by someone, sh raise the $$ to buy it
Councilmember Kors the subcommittee can help to
Motion to approve 1) Receive and File the Certificate of Sufficiency as prepared and executed by the City Clerk;
and
2) Waive the reading of the text in its entirety, read by title only, and Adopt Ordinance No. ____, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS ZONING CODE, CANYON SOUTH SPECIFIC PLAN, AND GENERAL PLAN TO DESIGNATE OSWIT CONE AS AN AREA SUBJECT TO THE ENVIRONMENTALLY SENSITIVE AREA REGULATIONS." Moved by Councilmember Roberts, seconded by Councilmember Kors.
Vote to approve 1) Receive and File the Certificate of Sufficiency as prepared and executed by the City Clerk;
and
2) Waive the reading of the text in its entirety, read by title only, and Adopt Ordinance No. ____, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS ZONING CODE, CANYON SOUTH SPECIFIC PLAN, AND GENERAL PLAN TO DESIGNATE OSWIT CONE AS AN AREA SUBJECT TO THE ENVIRONMENTALLY SENSITIVE AREA REGULATIONS." (Approved)
David Ready, City Manager, returned to the Council Chamber.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
5.A. APPROVAL OF TIME EXTENSIONS OF SUBDIVISION IMPROVEMENT AGREEMENTS FOR VARIOUS PROJECTS:
Marcus Fuller, Assistant City Manager/City Engineer, provided background information as outlined in the staff report dated March 1, 2017.
Item 5A Staff Report
Motion to approve Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING TIME EXTENSIONS OF VARIOUS SUBDIVISION IMPROVEMENT AGREEMENTS. Moved by Councilmember Roberts, seconded by Mayor Pro Tem Foat.
Vote to approve Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING TIME EXTENSIONS OF VARIOUS SUBDIVISION IMPROVEMENT AGREEMENTS. (Approved)
5.B. COUNCIL SUBCOMMITTEE REPORT REGARDING TEMPORARY, PORTABLE SIGNS ON PUBLIC SIDEWALKS AND THE PUBLIC RIGHT OF WAY; REQUEST FOR COUNCIL DIRECTION:
Item 5B Staff Report
Douglas Holland, City Attorney, provided a staff report summary.
Councilmember Kors, Subcommittee Member, provided background on discussions. Asked what Council wants Subcommittee to bring back on portable open signs. Six feet clearance does not exist and would be difficult accommodate.
Councilmember Mills stated we are gaining some time and getting ideas. We are considering allowing them in the right of way in areas where there is no other way to identify a business, such as a directory.
Councilmember Kors added that they are looking at other options like allowing more signs in place of A-frames.
Councilmember Mills stated their wish is to promote more directory type signs, minimum heights would be 7ft above the ground. Content of signage cannot be controlled.
Mayor Pro Tem Foat questioned
Councilmember Roberts thanked Subcommittee for their work including consideration of federal law and how difficult the issue is. Fears we may be creating something very difficult for staff to administer. Needs to be overriding rules like nothing in streets or ___________ ever. No large plastic A-frames. Allow options where there is no clearance for A-frames. Feels A-frames can bring urban charm.
Mayor Pro Tem Foat endorsed everything Councilmember Roberts just said. Sunny Dunes businesses are hurting and this is something that downtown wants. We need to take control of their look and not content. Restrictions should be uniform throughout the city and not by district.
Mayor Moon agrees with most of what Councilmember Roberts said. Some businesses are hidden and rely upon other signage options. Enforcement issue for staff if not uniform regulations city-wide.
Councilmember Mills feels some businesses who are less visible pay less rent because of it, and are trying to benefit by having signs in more visible places,
Councilmember Kors stated business owner should be given one option, of their choice, indemnify City in lawsuits.
5.C. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. A6187 WITH PS RESORTS, EXTENDING THE AGREEMENT FOR AN ADDITIONAL THREE (3) YEARS.
David Ready, City Manager requested item be brought back in two weeks.
Item 5C Staff Report
Motion to approve 1) Approve Amendment No. 2 to Agreement No. A6187 with PS Resorts, extending the Agreement for a three (3) year term commencing December 1, 2016, through November 30, 2019. 2) Authorize the City Manager to execute all necessary documents. Moved by Councilmember Kors, seconded by Councilmember Roberts.
Vote to approve 1) Approve Amendment No. 2 to Agreement No. A6187 with PS Resorts, extending the Agreement for a three (3) year term commencing December 1, 2016, through November 30, 2019. 2) Authorize the City Manager to execute all necessary documents. (Approved)
5.D. PROPOSED RESOLUTION MODIFYING THE CITY COUNCIL RULES OF PROCEDURE AND CONDUCT OF CITY COUNCIL MEETINGS:
Item 5D Staff Report
GK - provide an outline of the staff report.
Moon - would like to add it back innvocation , not supportive of changing Section 5.4.2. Does not want to stop the right for the citizens to speak.
Foat - supports 5.4.2
Mayor Moon
Kors must to open to EVERYONE
Councilmember Mills did not support Kors' comments.
Doug challenged - limited group. Non sectarian. Provide guidelines.
CM - is this a problem. Only one or two have complained about it. GK - no list, once a month, JR call it a MOMENT OF INSPIRATION CM - Mr. Tysen can provide a moment of inspiration? GF - this not the proper place. JR
Councilmember Mills 4.7 requested clarification 5.1
5.E. MID-YEAR BUDGET REVIEW PRESENTATION FOR FY 2016-17:
Item 5E No Materials
Continued to March 15, 2017, unanimously.
PUBLIC COMMENT: (Non-Agenda Items)
PUBLIC COMMENT: (Non-Agenda Items)
Daryl Terrel
James Hayton spoke
COUNCILMEMBER COMMENTS, REQUESTS, REPORTS, AND UPCOMING AGENDA DEVELOPMENT:
Councilmember Mills spoke about cell towers and vicinity not being well maintained.
Mayor Moon clarified a special meeting will be held on Cornelia White House status? JR said contractor will do work pro-bono and only costs will be materials. Costs need to be approved by Council, it's been previously budgeted. Plaza Theatre update from JR, current value, potential grant, accessibility, restrooms, exiting.
Councilmember Roberts requested update on Indian Canyon 2-way conversion. Marcus will report at next meeting on status.
Councilmember Kors requested Ad hoc Subcommittee on affordable housing. TNC
Mayor Pro Tem Foat requested clarification on TNC holding area. Report from Downtown subcommittee on Town & Country plan, developer says property not for sale. DHR gave background on applicability of vacant building Ord on Town & Country. Plastic signs on NPC on old hotel, the old Harlow, old Burger King, SIC near Ramon Rd. Subcommittee on annexations. Update on County property. Closing of Roys update.
Councilmember Kors requested quarterly review of subcommittees.
adjourned at 11:10pm
ADJOURNMENT:
Mar 01, 2017 City Council Meeting
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4:30 p.m. CALL TO ORDER (Council Chamber):
PUBLIC COMMENT (Council Chamber):
RECESS TO CLOSED SESSION (Small Conference Room):
03-01-2017 Closed Session Agenda
6:00 p.m. CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
Roll Call: 6 members present, 0 members absent, 0 members excused.
PRESENTATIONS:
CITY MANAGER’S REPORT: None.
REPORT OF CLOSED SESSION:
Doug Holland gave a report on the Oswit Canyon item in relation to the Tribe; therefore, language was added after initiative of the proposed ordinance for Council action.
This additional language was added for both actions:
1. Adopt a presented by the propoments of the initiative measure, or
2. Call a special election.
Aditionally, Mr. Holland read for the record the language that was added:
"In the event any provision of this Ordinance changes, amends, or modifies the land use designations or the land uses of any trust land within the Agua Caliente Indian Reservation, such provision shall not become effective until the Tribal Council of the Agua Caliente Band of Cahuilla Indians reviews and consults with the City as provided under the 1977 Land Use Contract, as amended, between the Tribe and the City.""In the event any provision of this Ordinance violates the provisions of the August 18, 1993 Stipulated Judgment entered by the Court in the case of
Sierra Club, et al. v. All Persons Interested in the Matter of the Redevelopment Plan for Canyon Redevelopment Project
(Riverside County Case No. 64725), such provision shall not be enforced until the Court approves such provision as provided in Sections V or VI of the Stipulated Judgment."
Mr. Holland noted the above will still be in effect whether there are changes made by the voters or the City.
Mr. Holland noted a provision in the measure, recognizing a certain level of flexibility, special policy area. This amends a previous Council with respect Chino Cone provisions and cited the language:
" Development densities in the Chino Cone and Oswit Cone are one dwelling unit per forty acres (1 du/40 ac). Development applications in excess of this density may be considered with the submittal of a Specific Plan and its associated environmental documentation, which would by action, establish a general plan amendment. In all cases, development within the Chino Cone and Oswit Cone Special Policy Area must be consistent with the Environmentally Sensitive Development Areas Specific Plan Ordinance (ESA-SP) in the Palm Springs Zoning Code. The Palm Hills Special Policy Area allows residential and resort development at a maximum of 1 dwelling unit/hotel unit per acre, not to exceed a total of 1,200 units. Any development proposed in the Palm Hills area will require the preparation of a Specific Plan and a related environmental impact report."
ACCEPTANCE OF THE AGENDA:
Councilmember Mills requested removed 1K from the Consent Calendar for a separate vote.
Councilmember Kors requested removing 1A from the Consent Calendar.
Motion to approve ACCEPTANCE OF THE AGENDA, removing 1A and 1K from the Consent Calendar. Moved by Mayor Pro Tem Foat, seconded by Councilmember Roberts.
Vote to approve ACCEPTANCE OF THE AGENDA, removing 1A and 1K from the Consent Calendar. (Approved)
PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY)
Robert Findley voiced concerns with respect to 1D.
Ed Dube spoke in support of the Oswit Cone initiative, and requested the Council adopt the proposed ordinance as presented by the proponents.
David Lahti state the Agua Caliente Band of Cahuilla Indians supports the initiative due to the fact it does not effect Tribal lands.
Charlie LaMorte spoke in support of 3A, and requested the Council vote in support of the proposed ordinance as presented by the proponents.
Allen Worthy spoke in support of Oswit Canyon.
Jane Garrison spoke in support of the Oswit Canyon Initiative and adoption of the proposed ordinance as presented.
Andy Gibbs spoke in support of the Oswit Canyon Initiative.
Les Barclay spoke in support of Oswit Canyon without going to a vote of the people.
Christopher Meyers spoke in support of Oswit Canyon.
Elise Kern spoke on behalf of the owners of property in the Oswit Canyon area and objects to the adoption of the proposed ordinance as presented by the proponents.
Victoria Shaver spoke in support of Oswit Canyon.
Steve Rosenberg, spoke in reference to 3.A, and it may be a regulatory taking of land.
Judy Deertrack spoke in support of saving Oswit Canyon and voiced concerns relating to Planned Development Districts.
Max Groso spoke in support of Oswit Canyon. Additionally, commented on 1D, requesting the distance be kept at 200 feet vs 500 feet.
Kerry Pucket spoke in support of Oswit Canyon.
Randy Jespersen spoke in support of Oswit Canyon.
Mindy Reed spoke regarding taking away A-frame signs and their impact on running a successful business.
Kathy Weremiuk regarding a potentially unconstitutional sign ordinance.
Aftab Dada spoke on 5C and requested tabling 5C and continue negotiations.
Joy Meredith spoke on behalf of Crystal Fantasy and Mainstreet regarding 5B the sign ordinance. Need additional time for business owners to review and comment.
Will Stiles made a general comment it's impossible to achieve greatness with taking risks, encourage the Council to take risks. In closing he provided his opinion that the City Council are great and requested they lead by example.
Tanya Petrovna spoke in support of 3A and requested the Council adopt the proposed ordinance as presented by the proponents.
1. CONSENT CALENDAR:
Motion to approve Approve Consent Calendar Items 1B, 1C, 1E, 1F, 1G, 1H, 1I, and 1J. Moved by Councilmember Roberts, seconded by Councilmember Mills.
Vote to approve Approve Consent Calendar Items 1B, 1C, 1E, 1F, 1G, 1H, 1I, and 1J. (Approved)
1.B. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
Item 1B Staff Report
1.C. SECOND READING AND ADOPTION OF ORDINANCE NO. 1915, ADOPTING A NEGATIVE DECLARATION (ND) AND APPROVING A CHANGE OF ZONE FROM HC (HIGHWAY COMMERCIAL) TO M-2 (MANUFACTURING) AT 19345-19465 NORHT INDIAN CANYON DRIVE:
Item 1C Staff Report
1.E. ACCEPTANCE OF THE CALLE PALO FIERRO SEWER LINE REPLACEMENT, CP 16-14:
Item 1E Staff Report
1.F. APPROVE AMENDMENT NO. 5 TO AGREEMENT NO. A5580 WITH DOKKEN ENGINEERING IN THE AMOUNT OF $67,000 FOR POST CONSTRUCTION ENVIRONMENTAL MITIGATION SERVICES FOR THE BOGERT TRAIL BRIDGE REHABILITATION PROJECT, FEDERAL AID PROJECT NO. BHLS 5282 (026), CP 07-03:
Item 1F Staff Report
1.G. AUTHORIZE AN INCREASE IN THE AMOUNT OF $19,780 TO PURCHASE ORDER 17-0727 ISSUED TO HARRIS & ASSOCIATES FOR THE SOUTH PALM CANYON DRIVE AT LA PLAZA SAFETY BOLLARD INSTALLATIONS, CP 15-29:
Item 1G Staff Report
1.H. MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR CLASS 1 HISTORIC SITE LOCATED AT 360 CABRILLO ROAD UNIT 114 -115 (RACQUET CLUB COTTAGES WEST HD-3):
Item 1H Staff Report
1.I. MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR CLASS 1 HISTORIC SITE LOCATED AT 1746 S. PALM CANYON DRIVE (ROYAL HAWAIIAN ESTATES HD 2):
Item 1I Staff Report
1.J. APPROVAL OF A SEWER CONNECTION EXEMPTION FOR THE PROPERTY LOCATED AT 2225 LEONARD ROAD IN ACCORDANCE WITH TITLE 15 OF THE PALM SPRINGS MUNICIPAL CODE:
Item 1J Staff Report
Councilmember Kors requested 1D be excluded from the approval of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
1.A. APPROVAL OF MINUTES:
Item 1A Staff Report
Councilmember Kors stated he would like the Minutes to reflect he appreciates the design and relative affordability, and opposed the gates on Minutes of February 15, 2017, Page 8, Public Hearing Item 2A, 64@RIV.
The City Council unanimously approved the City Council Minutes of February 15, 2017, February 13, 2017, and February 1, 2017, with the modification to the February 15, 2017, Minutes as noted by Councilmember Kors.
1.D. SECOND READING AND ADOPTION OF ORDINANCE NO. 1916, AMENDING THE PALM SPRINGS ZONING CODE (PSZC) RELATING TO SEPARATION DISTANCE REQUIREMENTS FOR MEDICAL CANNABIS COOPERATIVES OR COLLECTIVES AND MEDICAL CANNABIS DISPENSARIES:
Item 1D Staff Report
Councilmember Kors stated the Palm Springs Unified School District has requested a 500' distance from the schools, and requested clarification with respect to additional dispensaries.
Motion to approve Waive the second reading of the ordinance text in its entirety, read by title only, and adopt 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” after brief discussion. Moved by Councilmember Mills, seconded by Mayor Pro Tem Foat.
Vote to approve Waive the second reading of the ordinance text in its entirety, read by title only, and adopt 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” after brief discussion. (Approved)
1.K. ACCEPTANCE OF THE PALM SPRINGS ENTRY SIGNS, CITY PROJECT NO. 13-31:
Item 1K Staff Report
Brief Council discussion ensured.
Motion to approve 1) Accept the public works improvement identified as the Palm Springs Entry Signs as completed in accordance with the plans and specifications, CP 13-31.
2) Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Palm Springs Entry Signs, CP 13-31. A6796. Moved by Councilmember Mills, seconded by Mayor Pro Tem Foat.
Vote to approve 1) Accept the public works improvement identified as the Palm Springs Entry Signs as completed in accordance with the plans and specifications, CP 13-31.
2) Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Palm Springs Entry Signs, CP 13-31. A6796. (Approved)
Councilmember Roberts
2. PUBLIC HEARINGS:
2.A. APPEAL BY SUMMIT LAND PARTNERS, LLC, OF THE PLANNING COMMISSION ACTION TO DENY A PLANNED DEVELOPMENT DISTRICT APPLICATION, VESTING TENTATIVE TRACT MAP APPLICATION, AND A MAJOR ARCHITECTURAL APPLICATION FOR THE DEVELOPMENT OF A 90-LOT SINGLE-FAMILY SUBDIVISION ON A 13.28 ACRE PARCEL AT THE SOUTHWEST CORNER OF EAST PALM CANYON DRIVE AND MATTHEW DRIVE, ZONE R-3 (CASE NO. 5.1384-PD 381/VTTM 36969/MAJ 3.3902):
Item 2A Staff Report
Flinn Fagg, Director of Planning Services, provided background information as outlined in the staff report dated March 1, 2017.
After brief Council discussion, public hearing was not opened based on the fact it is being returned to the Planning Commission for reconsideration.
Motion to approve Take no action on the appeal and return the applications to the Planning Commission to reconsider at a public hearing the applications and provide a resolution supporting their findings. Moved by Mayor Pro Tem Foat, seconded by Councilmember Roberts.
Vote to approve Take no action on the appeal and return the applications to the Planning Commission to reconsider at a public hearing the applications and provide a resolution supporting their findings. (Approved)
2.B. CORTEL INC. (VERIZON WIRELESS) FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A FORTY-FIVE FOOT TALL MONOPALM STRUCTURE WITH ASSOCIATED EQUIPMENT SHELTER, INCLUDING A CEQA DETERMINATION OF CATEGORICAL EXEMPTION, AT THE METHODIST CHURCH OF PALM SPRINGS LOCATED AT 1555 EAST ALEJO ROAD, ZONE MBR (CASE NO. 5.1387 CUP):
Flinn Fagg, Director of Planning Services, provided background information as outlined in the staff report dated March 1, 2017.
Councilmember Roberts spoke with respect to the maintenance of monopalms.
Andrea Urbas, Applicant
Ahmad Smith
2B Marjorie Conley Aikens spoke in support of the cell tower.
2B Maureen Brealey spoke in support of the cell tower.
2B Jim McInerney spoke in support of the cell tower.
2B Elizabeth Bidwell spoke in support of the cell tower.
Motion to approve Adopt Resolution No. 24186, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE INSTALLATION OF A FORTY-FIVE FOOT TALL MONOPALM COMMERCIAL COMMUNICATION ANTENNA STRUCTURE WITH ASSOCIATED EQUIPMENT SHELTER AT THE METHODIST CHURCH OF PALM SPRINGS LOCATED AT 1555 EAST ALEJO ROAD, ZONE MBR, SECTION 14, INCLUDING A CATEGORICAL EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, (CASE NO. 5.1387 CUP)." Moved by Councilmember Mills, seconded by Councilmember Roberts.
Vote to approve Adopt Resolution No. 24186, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE INSTALLATION OF A FORTY-FIVE FOOT TALL MONOPALM COMMERCIAL COMMUNICATION ANTENNA STRUCTURE WITH ASSOCIATED EQUIPMENT SHELTER AT THE METHODIST CHURCH OF PALM SPRINGS LOCATED AT 1555 EAST ALEJO ROAD, ZONE MBR, SECTION 14, INCLUDING A CATEGORICAL EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, (CASE NO. 5.1387 CUP)." (Approved)
2.C. SUNLIGHT PEAK LLC (DBA: "EPIC HOTEL"), FOR A CONDITIONAL USE PERMIT TO ALLOW AN EIGHT (8) UNIT BOUTIQUE HOTEL TO CONTAIN KITCHENS, LOCATED AT 275 EAST TAMARISK ROAD, ZONE R-3 (CASE 5.1404 CUP):
Flinn Fagg, Director of Planning Services, provided background information as outlined in the staff report dated March 1, 2017.
Item 2C Staff Report
Councilmember Roberts questioned
Councilmember Kors spoke regarding PC wanting policy guidance from the City Council.
Mayor Pro Tem Foat
Kevin Stachel, applicant
James Cioffi spoke re market rental rates and that is what current tenants are paying.
Hal Hall, tenants are not long term.
Kathy Weremiuk, thanked Councilmember Kors for calling this up.
Mayor Moon was impressed by the property and visited 2 units. rooms are small and property is blighted
Councilmember Roberts, Cioffi did a nice job on the project, boutique hotels lend themselves to longer stays, policy re tenants being evicted for conversions
Mayor Pro Tem Foat, does not like ambiguity and list is needed of tenants who need relocation, supports project because property is blighted
Councilmember Kors spoke re conversions and in support of the project
Councilmember Mills, City has policy on everything that has been mentioned, we should be utilizing current policy
Motion to approve Provide direction to staff as to the disposition of Case 5.1404 CUP. Moved by Councilmember Mills, seconded by Mayor Pro Tem Foat.
Vote to approve Provide direction to staff as to the disposition of Case 5.1404 CUP. (Approved)
2.D. ADMINISTRATIVE REVIEW AND CONFORMITY REPORT FOR THE VISION AGUA CALIENTE MASTER PLAN, TO ALLOW FOR THE EXPANSION OF THE EXISTING SPA RESORT CASINO, 350 HOTEL ROOMS, MEETING ROOMS, RETAIL/CULTURAL SPACE, A SPA/FITNESS CENTER, AND A PARKING STRUCTURE ON AN 18-ACRE CONSOLIDATED SITE LOCATED AT THE NORTHEAST CORNER OF INDIAN CANYON DRIVE AND TAHQUITZ CANYON WAY, ZONE RA ("RESORT ATTRACTION"), SECTION 14 (CASE 5.1410):
Item 2D Staff Report
Item 2D Draft EIR
Item 2D EIR Appendices
Flinn Fagg, Director of Planning Services, provided background information as outlined in the staff report dated March 1, 2017.
Meeting went into Recess
Meeting Reconvened
Mayor Moon opened the public hearing.
Donna Florence, City given greater responsibility and authority.
Robert Stone, complimented staff on content of staff report. Tribe will be putting up tallest building in the city. Questioned content of EIR.
Al Silverstein stated Tribe meeting was underpublicized, inconclusive plan, competition with existing business and hotels.
Judy Deertrack, spoke to staff re inability to comment on Tribal land plans, referred to Compact language re injunction possibility.
Frank Tysen, draft EIR is false, City staff state can go 100ft which is still not acceptable. City gave power away by giving street rights of way.
Brian Yaklich is disheartened by the project, too tall, safety moving to/from, impact on existing hotels and businesses. Need to reach commonalities with the Tribe.
No others came forth to address the Mayor and City Council and Mayor Moon closed the public hearing.
Councilmember Roberts realizes magnitude of project, need to look at harmony and balance and it is out of scale with the rest of the city. Concerned about the scale tremendously. Grave concern with lack of open space in project. Parking concerns which City has tried to work out on other projects and expects the same for the Tribal project.
Mayor Pro Tem Foat, shares Councilmember Roberts concerns, understaffed in PD and FD, does not support over 100ft, can we affect the outcome like RM did with the hotel/casino there. She has more questions than answers and is uncomfortable voting on item at this point.
Flinn Fagg responded to concerns.
David Ready, City Manager, added further comments about concerns.
Mayor Moon, discussed costs and possibility of building 2 shorter hotels (under 100ft), public safety needs etc.
Councilmember Mills, proposed project immediately scares people, Tribe is proposing 40% minimum open space, considers it a "Use Plan" not a Master Plan. Commends staff on assessment of EIR. We have past complementary relationship with Tribe, including mutual trust. Hesitant when voting on past abandonment of street rights of way to Tribe. City has future input into site plan etc. Council can vote on Reso with conditions like any other project we condition.
Councilmember Roberts continues to struggle with this and respectfully disagrees with colleague, cannot have leap of faith and vote on Conformity Report at this time without additional review. Cannot support 175ft height. Can only support creating an ad hoc subcommittee to discuss.
Councilmember Kors commended staff for a great report,
Tom Davis answered questions re the SDF
Councilmember Mills, needs to be approved so conditions can be voiced, our normal role is in the driver's seat and we are in the passenger seat on this one.
Mayor Moon there are allowances in Compact for public safety services.
Motion to approve 1) Open the public hearing and receive public input.
2) Adopt Resolution No. 24187, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONFORMITY REPORT FOR THE VISION AGUA CALIENTE MASTER PLAN, ON AN 18-ACRE CONSOLIDATED SITE LOCATED AT THE NORTHEAST CORNER OF INDIAN CANYON DRIVE AND TAHQUITZ CANYON WAY IN SECTION 14.
3) Schedule a joint meeting with the Tribal Council pursuant to Section 5 of Agreement No. A1324 to discuss issues relative to the Vision Agua Caliente Master Plan, or as an alternative, appoint a Mayor Moon and Councilmember Mills to the City Council ad hoc subcommittee, with a sunset date of December 31, 2017, to work with City staff and Tribal staff in resolving any issues related to the Master Plan. Moved by Councilmember Mills, seconded by Mayor Moon.
Vote to approve 1) Open the public hearing and receive public input.
2) Adopt Resolution No. 24187, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONFORMITY REPORT FOR THE VISION AGUA CALIENTE MASTER PLAN, ON AN 18-ACRE CONSOLIDATED SITE LOCATED AT THE NORTHEAST CORNER OF INDIAN CANYON DRIVE AND TAHQUITZ CANYON WAY IN SECTION 14.
3) Schedule a joint meeting with the Tribal Council pursuant to Section 5 of Agreement No. A1324 to discuss issues relative to the Vision Agua Caliente Master Plan, or as an alternative, appoint a Mayor Moon and Councilmember Mills to the City Council ad hoc subcommittee, with a sunset date of December 31, 2017, to work with City staff and Tribal staff in resolving any issues related to the Master Plan. (Approved)
3. LEGISLATIVE:
David Ready, City Manager, stated he has a conflict of interest and will not participate in the discussion of Item 3A, and exited the Council Chamber.
3.A. PROPOSED ACTIONS REGARDING AN INITIATIVE MEASURE AMENDING THE PALM SPRINGS ZONING CODE, CANYON SOUTH SPECIFIC PLAN AND GENERAL PLAN, TO DESIGNATE OSWIT CONE AS AN AREA SUBJECT TO THE ENVIRONMENTALLY SENSITIVE AREA REGULATIONS FILED FOR CONSIDERATION OR CALLING A SPECIAL ELECTION AND OTHER MATTERS AS REQUIRED BY LAW:
Item 3A Staff Report
Kathleen Hart and Douglas Holland, Interim City Clerk and City Attorney respectively, provided the background information as outlined in the staff report.
Councilmember Roberts asked, who would not find this desirable. Also, a developer has the option to come back.
GK thanked staff for their hard work. subcomm recommend adopt it.
Councilmember Kors provided an outline of materials provided by the Fish and Wildlife.
Mayor Pro Tem Foat this is a long drawn out process.
Mayor Moon stated his support, and yes, this will be a long process.
Councilmember Mills stated his support, and want the record to reflect that he is voting for it because he wants to save the CITY $80k. There are segments of the initiate that he believes is not true. No agreeing with all the whereas's in this initiative. does not like to zone by emotion.
Mayor Pro Tem Foat wants to stress the fact that this property is owned by someone, sh raise the $$ to buy it
Councilmember Kors the subcommittee can help to
Motion to approve 1) Receive and File the Certificate of Sufficiency as prepared and executed by the City Clerk;
and
2) Waive the reading of the text in its entirety, read by title only, and Adopt Ordinance No. ____, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS ZONING CODE, CANYON SOUTH SPECIFIC PLAN, AND GENERAL PLAN TO DESIGNATE OSWIT CONE AS AN AREA SUBJECT TO THE ENVIRONMENTALLY SENSITIVE AREA REGULATIONS." Moved by Councilmember Roberts, seconded by Councilmember Kors.
Vote to approve 1) Receive and File the Certificate of Sufficiency as prepared and executed by the City Clerk;
and
2) Waive the reading of the text in its entirety, read by title only, and Adopt Ordinance No. ____, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS ZONING CODE, CANYON SOUTH SPECIFIC PLAN, AND GENERAL PLAN TO DESIGNATE OSWIT CONE AS AN AREA SUBJECT TO THE ENVIRONMENTALLY SENSITIVE AREA REGULATIONS." (Approved)
David Ready, City Manager, returned to the Council Chamber.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
5.A. APPROVAL OF TIME EXTENSIONS OF SUBDIVISION IMPROVEMENT AGREEMENTS FOR VARIOUS PROJECTS:
Marcus Fuller, Assistant City Manager/City Engineer, provided background information as outlined in the staff report dated March 1, 2017.
Item 5A Staff Report
Motion to approve Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING TIME EXTENSIONS OF VARIOUS SUBDIVISION IMPROVEMENT AGREEMENTS. Moved by Councilmember Roberts, seconded by Mayor Pro Tem Foat.
Vote to approve Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING TIME EXTENSIONS OF VARIOUS SUBDIVISION IMPROVEMENT AGREEMENTS. (Approved)
5.B. COUNCIL SUBCOMMITTEE REPORT REGARDING TEMPORARY, PORTABLE SIGNS ON PUBLIC SIDEWALKS AND THE PUBLIC RIGHT OF WAY; REQUEST FOR COUNCIL DIRECTION:
Item 5B Staff Report
Douglas Holland, City Attorney, provided a staff report summary.
Councilmember Kors, Subcommittee Member, provided background on discussions. Asked what Council wants Subcommittee to bring back on portable open signs. Six feet clearance does not exist and would be difficult accommodate.
Councilmember Mills stated we are gaining some time and getting ideas. We are considering allowing them in the right of way in areas where there is no other way to identify a business, such as a directory.
Councilmember Kors added that they are looking at other options like allowing more signs in place of A-frames.
Councilmember Mills stated their wish is to promote more directory type signs, minimum heights would be 7ft above the ground. Content of signage cannot be controlled.
Mayor Pro Tem Foat questioned
Councilmember Roberts thanked Subcommittee for their work including consideration of federal law and how difficult the issue is. Fears we may be creating something very difficult for staff to administer. Needs to be overriding rules like nothing in streets or ___________ ever. No large plastic A-frames. Allow options where there is no clearance for A-frames. Feels A-frames can bring urban charm.
Mayor Pro Tem Foat endorsed everything Councilmember Roberts just said. Sunny Dunes businesses are hurting and this is something that downtown wants. We need to take control of their look and not content. Restrictions should be uniform throughout the city and not by district.
Mayor Moon agrees with most of what Councilmember Roberts said. Some businesses are hidden and rely upon other signage options. Enforcement issue for staff if not uniform regulations city-wide.
Councilmember Mills feels some businesses who are less visible pay less rent because of it, and are trying to benefit by having signs in more visible places,
Councilmember Kors stated business owner should be given one option, of their choice, indemnify City in lawsuits.
5.C. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. A6187 WITH PS RESORTS, EXTENDING THE AGREEMENT FOR AN ADDITIONAL THREE (3) YEARS.
David Ready, City Manager requested item be brought back in two weeks.
Item 5C Staff Report
Motion to approve 1) Approve Amendment No. 2 to Agreement No. A6187 with PS Resorts, extending the Agreement for a three (3) year term commencing December 1, 2016, through November 30, 2019. 2) Authorize the City Manager to execute all necessary documents. Moved by Councilmember Kors, seconded by Councilmember Roberts.
Vote to approve 1) Approve Amendment No. 2 to Agreement No. A6187 with PS Resorts, extending the Agreement for a three (3) year term commencing December 1, 2016, through November 30, 2019. 2) Authorize the City Manager to execute all necessary documents. (Approved)
5.D. PROPOSED RESOLUTION MODIFYING THE CITY COUNCIL RULES OF PROCEDURE AND CONDUCT OF CITY COUNCIL MEETINGS:
Item 5D Staff Report
GK - provide an outline of the staff report.
Moon - would like to add it back innvocation , not supportive of changing Section 5.4.2. Does not want to stop the right for the citizens to speak.
Foat - supports 5.4.2
Mayor Moon
Kors must to open to EVERYONE
Councilmember Mills did not support Kors' comments.
Doug challenged - limited group. Non sectarian. Provide guidelines.
CM - is this a problem. Only one or two have complained about it. GK - no list, once a month, JR call it a MOMENT OF INSPIRATION CM - Mr. Tysen can provide a moment of inspiration? GF - this not the proper place. JR
Councilmember Mills 4.7 requested clarification 5.1
5.E. MID-YEAR BUDGET REVIEW PRESENTATION FOR FY 2016-17:
Item 5E No Materials
Continued to March 15, 2017, unanimously.
PUBLIC COMMENT: (Non-Agenda Items)
PUBLIC COMMENT: (Non-Agenda Items)
Daryl Terrel
James Hayton spoke
COUNCILMEMBER COMMENTS, REQUESTS, REPORTS, AND UPCOMING AGENDA DEVELOPMENT:
Councilmember Mills spoke about cell towers and vicinity not being well maintained.
Mayor Moon clarified a special meeting will be held on Cornelia White House status? JR said contractor will do work pro-bono and only costs will be materials. Costs need to be approved by Council, it's been previously budgeted. Plaza Theatre update from JR, current value, potential grant, accessibility, restrooms, exiting.
Councilmember Roberts requested update on Indian Canyon 2-way conversion. Marcus will report at next meeting on status.
Councilmember Kors requested Ad hoc Subcommittee on affordable housing. TNC
Mayor Pro Tem Foat requested clarification on TNC holding area. Report from Downtown subcommittee on Town & Country plan, developer says property not for sale. DHR gave background on applicability of vacant building Ord on Town & Country. Plastic signs on NPC on old hotel, the old Harlow, old Burger King, SIC near Ramon Rd. Subcommittee on annexations. Update on County property. Closing of Roys update.
Councilmember Kors requested quarterly review of subcommittees.
adjourned at 11:10pm
ADJOURNMENT:
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