HomeMy WebLinkAbout2013-12-18 CC MINUTESCITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
MEETING MINUTES
WEDNESDAY, DECEMBER 18, 2013
CITY HALL COUNCIL CHAMBER
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:06 p.m
PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard, led the
Pledge.
INVOCATION: Pastor David Sanger, Our Savior's Community Church, led the Invocation.
ROLL CALL:
PRESENT: Councilmember Foat, Councilmember Lewin, Councilmember Mills,
Mayor Pro Tem Hutcheson, and Mayor Pougnet.
ABSENT: None.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS:
Mayor Pougnet provided an update on the recent Athena Awards, the 2013 Festival of
Lights Parade, and the filming of Housewives in the City of Palm Springs.
Mayor Pougnet announced the upcoming 25th Palm Springs International Film Festival,
the 2014 Mayor's Race and Wellness Festival, and the 2014 State of the City.
Mayor Pougnet announced the recent award of Sustainability grants to the City of Palm
Springs.
Mayor Pougnet announced the National Homeless Person's Day in the City of Palm
Springs.
REPORT OF CLOSED SESSION:
The meeting was called to order at 4:30 p.m., and City Attorney Holland requested the City
Council consider adding two items to the Closed Session Agenda pursuant to Cal. Gov.
Code Section 54956.9(b)(3)(B) Liability Claims, City Claim No. 13-0402, Benjamin Meza,
filed June 26, 2013, and City Claim No. 13-0423, Palm Springs Art Museum, filed
December 12, 2013, and stated the City received information after the posting of the
Agenda, and there is an immediate need to hear and/or take action on the Claims.
City Council Minutes
December 18, 2013
Page 2
ACTION: 1) Find information on the Items were brought to the attention of the City after
the posting of the Agenda and there is an immediate need to hear and/or take action on
the Items; and 2) Add two Items to the Closed Session Agenda pursuant to Cal. Gov.
Code Section 54956.9(b)(3)(B) Liability Claims, City Claim No. 13-0402, Benjamin Meza,
filed June 26, 2013, and City Claim No. 13-0423, Palm Springs Art Museum, filed
December 12, 2013. Motion Councilmember Mills, seconded by Councilmember
Lewin and unanimously carried (5-0).
The City Council recessed into Closed Session to discuss Items on the Closed Session
Agenda as amended.
City Attorney Holland reported the City Council provided direction to staff, otherwise no
reportable actions were taken.
ACCEPTANCE OF THE AGENDA:
Mayor Pougnet requested Item 21. be removed from the Consent Calendar for separate
discussion.
Councilmember Foat requested Item 2.F. and Item 2.K. be removed from the Consent
Calendar for separate discussion.
ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded by
Mayor Pro Tern Hutcheson and unanimously carried on a roll call vote.
1. PUBLIC HEARINGS:
I.A. ADOPTING AND AMENDING THE 2013 CALIFORNIA BUILDING
STANDARDS CODE, ADOPTING AND AMENDING THE 2013
CALIFORNIA FIRE CODE, ADOPTING AND AMENDING THE 2012
INTERNATIONAL PROPERTY MAINTENANCE CODE, ADOPTING THE
CITY OF PALM SPRINGS BUILDING ADMINISTRATIVE CODE, AND
REPEALING ARTICLE VII OF CHAPTER 8.04 OF THE PALM SPRINGS
MUNICIPAL CODE RELATING TO SWIMMING POOL SAFETY
STANDARDS AND CONSIDERATION OF TWO INTERIM URGENCY
ORDINANCES:
City Manager Ready provided background information as outlined in the staff
report dated December 18, 2013,
Mayor Pougnet opened the public hearing, and no speakers coming forward
the public hearing was closed.
ACTION: 1) Waive the reading of the text in its entirety and read by title only
and adopt Interim Urgency Ordinance No. 1835, "AN URGENCY
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING AND RESTATING ARTICLE I OF CHAPTER 8.04 OF THE
City Council Minutes
December 18, 2013
Page 3
PALM SPRINGS MUNICIPAL CODE, ADOPTING BY REFERENCE,
TOGETHER WITH CERTAIN ADDITIONS, AMENDMENTS AND
DELETIONS, THE 2013 CALIFORNIA BUILDING CODE, INCLUDING
APPENDICES C, I, AND J; THE 2013 CALIFORNIA RESIDENTIAL CODE,
INCLUDING APPENDIX H; THE 2013 CALIFORNIA MECHANICAL CODE;
THE 2013 CALIFORNIA PLUMBING CODE, INCLUDING APPENDICES A,
B, D, G, I AND K; THE 2012 INTERNATIONAL PROPERTY MAINTENANCE
CODE, INCLUDING ALL APPENDICES; THE 2013 CALIFORNIA EXISTING
BUILDING CODE; THE 2013 CALIFORNIA HISTORIC BUILDING CODE,
INCLUDING APPENDIX A; THE 2013 CALIFORNIA ELECTRICAL CODE,
INCLUDING ALL APPENDICES; THE 2013 CALIFORNIA ENERGY CODE,
INCLUDING ALL APPENDICES; AND THE 2013 GREEN BUILDING
STANDARDS CODE, INCLUDING ALL APPENDICES, AMENDING AND
RESTATING ARTICLE IV OF CHAPTER 8.04 OF THE PALM SPRINGS
MUNICIPAL CODE, ADOPTING THE CITY OF PALM SPRINGS BUILDING
ADMINISTRATIVE CODE, AND REPEALING ARTICLE VII OF CHAPTER
8.04 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO
SWIMMING POOL SAFETY STANDARDS;" 2) Waive the reading of the text
in its entirety and read by title only and adopt Interim Urgency Ordinance No.
1836, "AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING AND RESTATING ARTICLE VI OF CHAPTER
8.04 OF THE PALM SPRINGS MUNICIPAL CODE, ADOPTING BY
REFERENCE, TOGETHER WITH ADDITIONS, AMENDMENTS AND
DELETIONS, THE 2013 CALIFORNIA FIRE CODE, INCLUDING APPENDIX
CHAPTER 4 AND APPENDICES A, B, BB, C, CC, F, H, I, J, K, L, M, AND
N.;" 3) Waive the reading of the text in its entirety and read by title only and
adopt Ordinance No. 1832, "AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING AND RESTATING ARTICLE I OF
CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL CODE, ADOPTING
BY REFERENCE, TOGETHER WITH CERTAIN ADDITIONS,
AMENDMENTS AND DELETIONS, THE 2013 CALIFORNIA BUILDING
CODE, INCLUDING APPENDICES C, I, AND J; THE 2013 CALIFORNIA
RESIDENTIAL CODE, INCLUDING APPENDIX H; THE 2013 CALIFORNIA
MECHANICAL CODE; THE 2013 CALIFORNIA PLUMBING CODE,
INCLUDING APPENDICES A, B, D, G, I AND K; THE 2012
INTERNATIONAL PROPERTY MAINTENANCE CODE, INCLUDING ALL
APPENDICES; THE 2013 CALIFORNIA EXISTING BUILDING CODE; THE
2013 CALIFORNIA HISTORIC BUILDING CODE, INCLUDING APPENDIX
A; THE 2013 CALIFORNIA ELECTRICAL CODE, INCLUDING ALL
APPENDICES; THE 2013 CALIFORNIA ENERGY CODE, INCLUDING ALL
APPENDICES; AND THE 2013 GREEN BUILDING STANDARDS CODE,
INCLUDING ALL APPENDICES, AMENDING AND RESTATING ARTICLE
IV OF CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL CODE,
ADOPTING THE CITY OF PALM SPRINGS BUILDING ADMINISTRATIVE
CODE, AND REPEALING ARTICLE VII OF CHAPTER 8.04 OF THE PALM
SPRINGS MUNICIPAL CODE, RELATING TO SWIMMING POOL SAFETY
City Council Minutes
December 18, 2013
Page 4
STANDARDS;" 4) Waive the reading of the text in its entirety and read by
title only and adopt Ordinance No. 1833, "AN ORDINANCE OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING
ARTICLE VI OF CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL
CODE, ADOPTING BY REFERENCE, TOGETHER WITH ADDITIONS,
AMENDMENTS AND DELETIONS, THE 2013 CALIFORNIA FIRE CODE,
INCLUDING APPENDIX CHAPTER 4 AND APPENDICES A, B, BB, C, CC,
F, H, I, J, K, L, M, AND N;" and 5) Adopt Resolution No. 23473, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, FINDING THAT CERTAIN LOCAL CONDITIONS REQUIRE
AMENDMENTS, ADDITIONS AND DELETIONS TO THE CALIFORNIA
BUILDING CODE, 2013 EDITION, THE CALIFORNIA RESIDENTIAL CODE,
2013 EDITION, AND THE CALIFORNIA ELECTRICAL CODE, 2013
EDITION, AND THE CALIFORNIA FIRE CODE, 2013 EDITION." Motion
Councilmember Foat, seconded by Councilmember Mills and
unanimously carried on a roll call vote.
PUBLIC COMMENT:
JONATHAN ROSENBLATT, commented on the vacation rental ordinance as it applies to
the Deepwell Neighborhood Organization.
CATHY BRANT, commented on the proposed renovation of the Palm Springs Public
Library.
CHRISTOPHER SEIDEL, commented on the proposed renovation of the Palm Springs
Public Library.
LINDA FUTTERER, commented on the proposed renovation of the Palm Springs Public
Library.
CHRIS WEIGEL, commented on the proposed renovation of the Palm Springs Public
Library.
MARIE WEIGEL, commented on the proposed renovation of the Palm Springs Public
Library.
STEVEN ALSOP, commented on the vacation rental ordinance as it applies to the
Deepwell Neighborhood Organization.
LISA MIDDLETON, commented on the vacation rental ordinance and the PSNIC
workgroup that made recommendations to the City Council on the vacation rental
ordinance.
GEORGE ZANDER, Palm Springs, commented on Item S.A. regarding medical cannabis
and collectives, and recommended the City Council create a Task Force for medical
cannabis regulations.
City Council Minutes
December 18, 2013
Page 5
LARRY FECHTER, commented on the vacation rental ordinance as it applies to the
Deepwell Neighborhood Organization.
NINA JACKSON, Palm Springs, commented on the vacation rental ordinance as it applies
to the Deepwell Neighborhood Organization.
RICHARD BLACKHURST, Palm Springs, commented on the vacation rental ordinance as
it applies to the Deepwell Neighborhood Organization.
LARRY FUSCH, Palm Springs, commented on the vacation rental ordinance as it applies
to the Deepwell Neighborhood Organization.
TOM STANSBURY, Palm Springs, commented on the vacation rental ordinance as it
applies to the Deepwell Neighborhood Organization.
COUNCILMEMBER COMMENTS:
Councilmember Foat commented on the process of vacation rental ordinance changes,
and requested the City Council create an ad hoc City Council subcommittee to address
vacation rental property.
CITY MANAGER'S REPORT:
City Manager Ready provided an update on recent Code Enforcement activities and new
Measure J Improvement signs, and requested Fire Chief John Allen provide an update on
Christmas tree safety.
The City Council recessed at 7:05 p.m.
The City Council reconvened at 7:09 p.m.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.G., 2.H., 2.1., 2.J., 2.M., 2.N.,
2.0., 2.P., and 2.Q. Motion Councilmember Mills, seconded by Councilmember
Lewin and unanimously carried on a roll call vote.
2.A. REPORT ON THE POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the December 18, 2013,
City Council Agenda. Approved as part of the Consent Calendar.
2.B. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR
THE MONTH OF NOVEMBER 2013:
ACTION: Receive and file the report of Staff Authorized Agreements and
Purchase Orders for the period of November 1 through November 30, 2013.
Approved as part of the Consent Calendar.
City Council Minutes
December 18, 2013
Page 6
2.C. SET A PUBLIC HEARING DATE FOR THE SALE OF CITY -OWNED REAL
PROPERTY CONSISTING OF .17 ACRES VACANT LAND LOCATED ON
THE NORTH SIDE OF AVENIDA CERCA AND GRANADA ROAD TO
ROBIN S. PLUNKETT (669-393-023):
ACTION: Set a public hearing for the sale of city -owned real property to
Robin S. Plunkett, 0.17 acres vacant land located on the north side of
Avenida Cerca and Granada Road on January 15, 2014 (APN 669-393-023).
Approved as part of the Consent Calendar.
2.D. SUCCESSOR AGENCY LONG-RANGE PROPERTY MANAGEMENT
PLAN:
ACTION: Receive and File. Approved as part of the Consent Calendar.
2.E. APPROVAL OF TRACT MAP 32233-5 AND A SUBDIVISION
IMPROVEMENT AGREEMENT WITH TOLL CA II, LP FOR A 128-LOT
SINGLE FAMILY RESIDENTIAL UNIT TRACT MAP LOCATED ON 23.479
ACRES AT THE SOUTHEAST CORNER OF VISTA CHINO AND GENE
AUTRY TRAIL:
ACTION: 1) Adopt Resolution No. 23474, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
TRACT MAP 32233-5 AND APPROVING A SUBDIVISION IMPROVEMENT
AGREEMENT WITH TOLL CA II, LP FOR PROPERTY LOCATED AT THE
SOUTHEAST CORNER OF VISTA CHINO AND GENE AUTRY TRAIL, IN
SECTION 7, TOWNSHIP 4 SOUTH, RANGE 5 EAST;" and 2) Authorize the
City Manager to execute all necessary documents. A6476. Approved as
part of the Consent Calendar.
2.G. AWARD OF CONTRACT FOR THE RUTH HARDY PARK PARKING LOT
REPAIRS PROJECT (13-08):
ACTION: 1) Find the bids submitted by L.C. Paving & Sealing, Inc. and KAD
Paving Company as non -responsive pursuant to Palm Springs Municipal
Code Section 7.09.030; 2) Approve an agreement with United Paving
Company for the Ruth Hardy Park Parking Lot Repairs Project in the amount
of $147,636 (CP 13-08); and 3) Authorize the City Manager to execute all
necessary documents. A6464. Approved as part of the Consent Calendar.
2.H. APPROVE AN AGREEMENT WITH URRUTIA A.I.A. AND ASSOCIATES,
INC TO PROVIDE ARCHITECTURAL DESIGN SERVICES FOR THE
REMODEL OF THE POLICE DEPARTMENT IN THE AMOUNT OF
$79,700:
ACTION: 1) Approve an architectural design agreement with Urrutia A.I.A.
and Associates, Inc. for the remodel of the Police Department lobby/records
area, the detective bureau, and the training center in an amount not to
exceed $79,700; and 2) Authorize the City Manager to execute all necessary
documents. A6465. Approved as part of the Consent Calendar.
City Council Minutes
December 18, 2013
Page 7
2.1. AMENDMENT NO. 1 TO AGREEMENT NO. A6233 WITH R. ROBLES
PIPELINE LAYING, INC., DBA SOUTHERN VALLEY WATER FEATURES,
FOR ROADSIDE MAINTENANCE:
ACTION: 1) Approve Amendment No. 1 to Agreement No. A6233 with R.
Robles Pipeline Laying, Inc., (dba Southern Valley Water Features) at an
annual increase not to exceed $11,688 for a total annual amount not to
exceed $75,340; and 2) Authorize the City Manager to execute all necessary
documents. A6233. Approved as part of the Consent Calendar.
2.J. SECOND READING AND ADOPTION OF ORDINANCE NO. 1834
AMENDING THE PALM SPRINGS ZONING CODE REQUIRING LAND
USE PERMIT NOTIFICATION TO REPRESENTATIVES OF
NEIGHBORHOOD ORGANIZATIONS AND CONCURRENT CASE
PROCESSING (CASE 5.1312 ZTA):
ACTION: Waive the reading of the full text of the ordinance and adopt
Ordinance No. 1834, "AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING PARAGRAPH 2 OF SUBSECTION D OF
SECTION 94.02.01 OF, AMENDING PARAGRAPHS 1.b AND 10 OF
SECTION 94.09.00, OF THE PALM SPRINGS ZONING CODE RELATING
TO PROVISION OF ELECTRONIC NOTICE TO NEIGHBORHOOD
ORGANIZATIONS OF PENDING LAND USE PERMITS." Approved as part
of the Consent Calendar.
2.M. APPROVE A THREE-YEAR CONTRACT SERVICES AGREEMENT FOR
JANITORIAL SERVICES AT VARIOUS CITY FACILITIES:
ACTION: 1) Approve an agreement with Advanced Inc., dba Progreen
Building Maintenance, for janitorial services at various City -owned facilities,
for a three-year term at $234,000 per year, with two one-year renewal
options subject to a CPI increase; 2) Authorize the City Manager to extend
the current agreement for janitorial services for a period not to exceed two
months, under the same terms and conditions, during the interim period; and
3) Authorize the City Manager to execute all necessary documents. A6467.
A5728. Approved as part of the Consent Calendar.
2.N. RESCIND AWARD OF IFB 13-13 AND AWARD RE -BID IFB 14-06 FOR
UNIFORM RENTAL AND CLEANING SERVICES FOR VARIOUS
DEPARTMENTS:
ACTION: 1) Rescind the award of IFB 13-13 to Cintas Corporation and direct
Staff to close Agreement No. A5615; 2) Approve an Agreement with
Prudential Overall Supply for IFB 14-06, for uniform rental and cleaning
services on the basis of unit prices for an estimated base amount of
$46,237.68 per year, for the initial three-year term, with two one-year
optional renewals; and 3) Authorize the City Manager to execute all
necessary documents. A5615. A6468. Approved as part of the Consent
Calendar.
City Council Minutes
December 18, 2013
Page 8
2.0. DEVELOPMENT PROJECT FEE REPORT FOR FISCAL YEAR 2012-13:
ACTION: 1) Receive and File the City's Development Project Fee Report for
Fiscal Year 2012-13; and 2) Adopt Resolution No. 23475, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
MAKING CERTAIN FINDINGS AND ACKNOWLEDGING RECEIPT OF THE
FISCAL YEAR 2012-13 DEVELOPMENT PROJECT FEE REPORT
REQUIRED BY GOVERNMENT CODE SECTION 66000." Approved as
part of the Consent Calendar.
2.P. SPECIAL TAX ANNUAL REPORTING FOR FISCAL YEAR 2012-13:
ACTION: Receive and file Government Code Section 50075.3 reports
relating to special taxes levied in the City's Community Facilities District No.
2005-1 and Community Facilities District No. 2007-1 for Fiscal Year 2012-13.
Approved as part of the Consent Calendar.
2.Q. ACCEPTANCE OF HANGAR LEASE SURRENDER FROM HECKMANN
ENTERPRISES:
ACTION: 1) Approve surrender of a Lease Agreement No. A3978 with
Heckmann Enterprises; 2) Approve the Donation Agreement for the hangar
building of Desert Springs Aviation located at 3200 Aviation Way; and 3)
Authorize the City Manager to execute all necessary documents. A3978.
Approved as part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2.F. LICENSE AGREEMENT WITH PB REALTY INVESTMENT, INC. FOR
PLACEMENT OF "LAWN CHAIR" ON PRIVATE PROPERTY AT THE SKYLARK
HOTEL LOCATED AT 1466 NORTH PALM CANYON DRIVE:
Councilmember Foat requested staff address the agreement regarding the removal
of the artwork by the City.
ACTION: 1) Approve a License Agreement with PB Realty Investments, Inc. for
placement of "Lawn Chair" on private property at the Skylark Hotel located at 1466
North Palm Canyon Drive, amending Section 6 of the Agreement to provide the City
can remove the artwork without recourse; and 2) Authorize the City Manager to
execute all necessary documents. A6463. Motion Councilmember Foat,
seconded by Councilmember Mills and unanimously carried on a roll call
vote.
2.K. AUTHORITY TO AWARD THE UPTOWN CROSSWALKS CONTRACT FOR AN
AMOUNT NOT TO EXCEED $230,000 (CP 13-10):
Councilmember Foat requested drawings that are not engineering plans, and stated
she did not support yellow truncated domes in the crosswalks.
City Council Minutes
December 18, 2013
Page 9
Councilmember Lewin recommended the City Council approve the item subject to
color change of the truncated domes.
Councilmember Mills commented on the purpose of truncated domes and stated
the colors are not dictated in the code, and stated the City can install a color that
matches the concrete, and recommended the City use the inset tiles.
ACTION: 1) Authorize the City Manager to award Uptown Crosswalk Project
contract contingent upon the bid amount not exceeding the engineer's final project
estimate of $230,000 (CP 13-10) subject to final approval of the color of the
truncated domes by the City Council; and 2) Authorize the City Manager to execute
all necessary documents. A6466. Motion Councilmember Lewin, seconded by
Councilmember Foat and unanimously carried on a roll call vote.
2.L. AMENDMENT NO. 2 TO ARCHITECTURAL SERVICES AGREEMENT NO.
A6262 WITH URRUTIA A.I.A. AND ASSOCIATES, INC. FOR AIRPORT
PROJECTS:
Mayor Pougnet commented on the change to revolving doors rather than the sliding
doors.
Councilmember Mills commented on his review of the interior door project.
ACTION: 1) Approve Amendment No. 2 to Agreement No. A6262 with Urrutia A.I.A.
and Associates, Inc. for design, bid, permitting, and construction phase services in
the amount not to exceed $28,875 to complete security checkpoint modification and
auto door installation; and 2) Authorize the City Manager to execute all necessary
documents, and approve up to a ten (10) percent increase in change orders over
the total project amount. A6262. Motion Councilmember Mills, seconded by
Mayor Pro Tern Hutcheson and carried 4-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern
Hutcheson, and Mayor Pougnet.
NOES: Councilmember Lewin.
3. LEGISLATIVE:
3.A. PROPOSED ORDINANCE EXEMPTING ON -SITE ADDITIONS OF SOLAR
ENERGY SYSTEMS FROM PUBLIC ARTS FEES:
City Clerk Thompson provided background information as outlined in the
staff report dated December 18, 2013.
Councilmember Lewin commented on the proposed ordinance and the
appropriate waiver of fees for certain solar project to encourage solar
projects.
City Council Minutes
December 18, 2013
Page 10
ACTION: Waive the reading of the ordinance text, introduce by title only, and
introduce on first reading Ordinance No. 1837, "AN ORDINANCE OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 3.37.030
OF, AND ADDING PARAGRAPH (9) TO SUBSECTION (B) OF SECTION
3.37.050 OF, THE PALM SPRINGS MUNICIPAL CODE EXEMPTING
CERTAIN ON -SITE SOLAR IMPROVEMENTS FROM PUBLIC ARTS
FEES." Motion Councilmember Lewin, seconded by Councilmember
Mills and unanimously carried on a roll call vote.
4. UNFINISHED BUSINESS:
4.A. FINAL REPORT FROM GROUP 4 ARCHITECTURE, RESEARCH +
PLANNING, INC. FOR CONCEPTUAL DESIGN AND COST ESTIMATE
FOR THE RENOVATION OF THE PALM SPRINGS PUBLIC LIBRARY:
Jeannie Kays, Director of Library Services, provided background information
as outlined in the staff report dated December 18, 2013.
Councilmember Mills commented on the possibility of bonding such a large
renovation project, the development of the conceptual design, the parking
design, and requested a breakout of the infrastructure costs that have not
taken place over the years.
Councilmember Foat commented on the proposed exit on Sunrise Way,
additional parking requirements, stated bathroom facilities in the Sunrise
Park Complex need to be addressed, requested staff address time out of
service, and naming opportunities.
Mayor Pro Tern Hutcheson requested staff address the meeting space,
commented on the public input process, the competing process for large
public projects, and requested viable options for a reduced cost.
Councilmember Lewin stated his support for the concepts discussed by the
City Council, thanked staff and the project architect for a well -designed
project, and his support for flexible and moveable fixtures and furniture.
Mayor Pougnet commented on Measure J funding for the library, private
fundraising and requested staff look at other fundraising opportunities.
No action taken
5. NEW BUSINESS:
S.A. IMPLEMENTATION OF MEASURE B AND THE IMPOSITION OF THE TAX
ON THE OPERATIONS OF CANNABIS AND MARIJUANA COLLECTIVES
AS APPROVED BY THE VOTERS AT THE MUNICIPAL ELECTION ON
NOVEMBER 5, 2013, BY ADOPTION OF A RESOLUTION ESTABLISHING
APPLICABLE TAX RATES AND AUDIT REQUIREMENTS; AND PROVIDE
City Council Minutes
December 18, 2013
Page 11
ADDITIONAL DIRECTION FOR THE PREPARATION OF AMENDMENTS
TO THE CITY'S MEDICAL CANNABIS REGULATORY PROGRAM:
City Attorney Holland provided background information as outlined in the
staff report dated December 18, 2013.
Councilmember Foat provided background information and the
recommendations from the City Council ad hoc subcommittee, including
accepting cash at the collectives, and commented on the City's audit of the
programs.
Mayor Pro Tern Hutcheson commented on the number of members who are
residents in the City of Palm Springs, commented on the taxing alternatives
of taxing non-residents, and the amount of sales by the three permitted
collectives.
Mayor Pougnet commented on the need for a fourth permitted cooperative.
Councilmember Lewin commented on the process for legal, safe medicine
for patients in Palm Springs, requested staff address the prohibition of
collectives operating on Sunday, stated his support for acceptance of cash,
requested the City Attorney address the penalties for unlicensed collectives
that open in proximity of permitted collectives and can the landlord be held
accountable, and stated his support for the fourth permitted collective.
Councilmember Mills commented on permitting a fourth collective and the
new proposed programs, stated the City is not monitoring the current
permitted collectives to the City's current ordinance including cash
transactions, and stated he is not in support of another permitted collective.
Councilmember Lewin commented on the proposal to cash transactions.
Councilmember Foat commented on cash transactions and audit
requirements.
Councilmember Mills requested the City Attorney address the process and
the timing for any ordinance modifications.
ACTION: 1) Adopt Resolution No. 23476, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ESTABLISHING (1) A TEN CENT PER ONE DOLLAR TAX ON MEDICAL
CANNABIS COLLECTIVES OR COOPERATIVES APPROVED BY THE
CITY COUNCIL AND (2) AUDIT REQUIREMENTS TO ENSURE TIMELY
AND FULL COMPLIANCE WITH THE CITY'S CANNABIS AND MARIJUANA
TAX ORDINANCE;" and 2) Direct the City Attorney and Staff to prepare an
ordinance amending the City's medical cannabis regulatory program. Motion
City Council Minutes
December 18, 2013
Page 12
Councilmember Foat, seconded by Mayor Pougnet and carried 4-1 on a
roll call vote.
AYES: Councilmember Foat, Councilmember Lewin, Mayor Pro Tern
Hutcheson, and Mayor Pougnet.
NOES: Councilmember Mills.
S.B. FIRST QUARTER FISCAL YEAR 2013-14 BUDGET UPDATE:
Geoffrey Kiehl, Director of Finance, provided background information as
outlined in the First Quarter Budget update dated December 18, 2013.
No action taken.
S.C. REVIEW AND APPOINT CITY COUNCIL SUBCOMMITTEES AND CITY
COUNCIL LIAISONS TO OUTSIDE ORGANIZATIONS AND CITY
COMMISSIONS AND BOARDS:
ACTION: 1) Amend the External Organizations Appointees and Liaisons as
follows: a) Main Street to include the Uptown Business Association Designee
Mayor Pro Tern Hutcheson and Alternate Councilmember Foat, b) ERICA
Alternate to City Manager David Ready, c) Delete the SCAG and League of
California Cities Annual Conference Delegates; 2) Amend the City Council
ad hoc Subcommittees as follows: a) Special Economic Development Focus
Incentive Program to Councilmember Foat and Mayor Pro Tern Hutcheson,
b) Delete the Planning Services Director selection, Building and Code
Enforcement Director selection, FY2012-13 Budget, Airport Noise Mitigation,
PS Disposal Services, Service Delivery Cooperation, and c) Appoint a new
Vacation Rental ad hoc Subcommittee of Councilmember Foat and
Councilmember Mills. Motion Councilmember Mills, seconded by Mayor
Pro Tern Hutcheson and unanimously carried on a roll call vote.
S.D. APPOINT A MEMBER TO THE BOARD OF LIBRARY TRUSTEES FOR
THE UNEXPIRED TERM ENDING JUNE 30, 2014:
ACTION: Appoint Harry Courtwright to the Board of Library Trustees for the
unexpired term ending June 30, 2014. Motion Mayor Pougnet, seconded
by Councilmember Lewin and unanimously carried on a roll call vote.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
The City Council provided Holiday greetings to the residents of Palm Springs and City
Staff.
Councilmember Foat requested Staff review the project directly next to Copley's for Code
Enforcement issues.
Mayor Pougnet requested staff address the fence at the Carnell Building.
City Council Minutes
December 18, 2013
Page 13
ADJOURNMENT: The City Council adjourned at 9:07 p.m. to Wednesday, January 15,
2014, at 6:00 p.m. Council Chamber, City Hall, preceded by Closed Session, Small
Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS
15T" DAY OF JANUARY, 2014.
&94 /0 �� t
S EPH N P. POUGNETYMAYOR
ATTEST:
MES THOMPSON, CITY CLERK