HomeMy WebLinkAbout2013-07-03 CC MINUTESCITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
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MEETING MINUTES
WEDNESDAY, JULY 3, 2013
CITY HALL COUNCIL CHAMBER
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:09 p.m.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge.
INVOCATION: Pastor Jerrold Thompson, Hope Community Seventh-Day Adventist
Church, led the Invocation.
ROLL CALL:
PRESENT: Councilmember Foat, Councilmember Hutcheson, Councilmember
Lewin, Mayor Pro Tern Mills, and Mayor Pougnet.
ABSENT: None.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson
PRESENTATIONS:
Mayor Pougnet announced the upcoming July 4th activities and events in the City of
Palm Springs; and proclaimed July 4, 2013, as Palm Springs Power Baseball Day in the
City of Palm Springs. -
REPORT OF CLOSED SESSION:
City Attorney Holland stated the meeting was called to order at 4:30 p.m. and the City
Council recessed to Closed Session to discuss items on the posted Closed Session
Agenda, no reportable actions were taken.
ACCEPTANCE OF THE AGENDA:
Mayor Pougnet requested Item 21. and 2.R. be removed from the Consent Calendar.
Councilmember Foat requested Item 2.E. be removed from the Consent Calendar for
separate vote, and noted her business related abstention on Consent Calendar Item
21. from Recommendation No. 3.
Mayor Pro Tern Mills requested Item 2.S. be removed from the Consent Calendar for
separate discussion.
City Council Minutes
July 3, 2013
Page 2
ACTION: Accept the Agenda as amended. Motion Councilmember Hutcheson,
seconded by Councilmember Foat and unanimously carried on a roll call vote.
1. PUBLIC HEARINGS:
I.A. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS CITYWIDE
STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS FOR
FISCAL YEAR 2013-14:
David Barakian, City Engineer, provided background information as
outlined in the staff report dated July 3, 2013.
Mayor Pougnet opened the public hearing, and no speakers coming
forward the public hearing was closed.
ACTION:
1) Adopt Resolution No. 23387, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL
LEVY REPORT FOR FISCAL YEAR 2013-14 FOR THE PALM SPRINGS
STREET LIGHTING MAINTENANCE DISTRICT NO. 3."
2) Adopt Resolution No. 23388, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS
FOR FISCAL YEAR 2013-14 WITHIN THE PALM SPRINGS STREET
LIGHTING MAINTENANCE DISTRICT NO. 3."
3) Adopt Resolution No. 23389, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL
LEVY REPORT FOR FISCAL YEAR 2013-14 FOR THE PALM SPRINGS
PARKWAY MAINTENANCE DISTRICT NO. 6A."
4) Adopt Resolution No. 23390, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS
FOR FISCAL YEAR 2013-14 WITHIN THE PALM SPRINGS PARKWAY
MAINTENANCE DISTRICT NO. 6A."
5) Adopt Resolution No. 23391, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL
LEVY REPORT FOR FISCAL YEAR 2013-14 FOR THE PALM SPRINGS
PARKWAY MAINTENANCE DISTRICT NO. 6C."
City Council Minutes
July 3, 2013
Page 3
6) Adopt Resolution No. 23392, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS
FOR FISCAL YEAR 2013-14 WITHIN THE PALM SPRINGS PARKWAY
MAINTENANCE DISTRICT NO. 6C."
7) Adopt Resolution No. 23393, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL
LEVY REPORT FOR FISCAL YEAR 2013-14 FOR THE PALM SPRINGS
PARKWAY MAINTENANCE DISTRICT NO. 7."
8) Adopt Resolution No. 23394, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS
FOR FISCAL YEAR 2013-14 WITHIN THE PALM SPRINGS PARKWAY
MAINTENANCE DISTRICT NO. 7."
9) Adopt Resolution No. 23395, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL
LEVY REPORT FOR FISCAL YEAR 2013-14 FOR THE PALM SPRINGS
PARKWAY MAINTENANCE DISTRICT NO. 8."
10) Adopt Resolution No. 23396, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS
FOR FISCAL YEAR 2013-14 WITHIN THE PALM SPRINGS PARKWAY
MAINTENANCE DISTRICT NO. 8."
11) Adopt Resolution No. 23397, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL
LEVY REPORT FOR FISCAL YEAR 2013-14 FOR THE PALM SPRINGS
PARKWAY MAINTENANCE DISTRICT NO. 9."
12) Adopt Resolution No. 23398, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS
FOR FISCAL YEAR 2013-14 WITHIN THE PALM SPRINGS PARKWAY
MAINTENANCE DISTRICT NO. 9."
13) Adopt Resolution No. 23399, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL
City Council Minutes
July 3, 2013
Page 4
LEVY REPORT FOR FISCAL YEAR 2013-14 FOR THE PALM SPRINGS
PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 1 AND ZONE 2."
14) Adopt Resolution No. 23400, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS
FOR FISCAL YEAR 2013-14 WITHIN THE PALM SPRINGS PARKWAY
MAINTENANCE DISTRICT NO. 10, ZONE 1 AND ZONE 2;"
15) Adopt Resolution No. 23401, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL
LEVY REPORT FOR FISCAL YEAR 2013-14 FOR THE PALM SPRINGS
LANDSCAPE MAINTENANCE DISTRICT NO. 12;"
16) Adopt Resolution No. 23402, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS
FOR FISCAL YEAR 2013-14 WITHIN THE PALM SPRINGS
LANDSCAPE MAINTENANCE DISTRICT NO. 12."
Motion Councilmember Foat, seconded by Mayor Pro Tern Mills and
unanimously carried on a roll call vote.
I.B. APPROVAL OF A 15 YEAR EXCLUSIVE SOLID WASTE FRANCHISE
AGREEMENT WITH PALM SPRINGS DISPOSAL:
David Barakian, City Engineer, provided background information as
outlined in the staff report dated July 3, 2013.
Mayor Pougnet opened the public hearing, and the following speaker
addressed the City Council.
BOB KUZNIK, PSDS, outlined the proposed agreement and goals of the
City and PSDS, and stated PSDS is in support of the City Staff
recommendation.
No further speakers coming forward, the public hearing was closed.
Councilmember Foat requested PSDS outline a timeline for the rollout of
the programs.
Councilmember Hutcheson commented on the community satisfaction
with PSDS, thanked PSDS for their community involvement, and
questioned what will happen to the existing trash containers.
City Council Minutes
July 3, 2013
Page 5
ACTION: 1) Waive reading of the full text and adopt Urgency Ordinance
No. 1824, "AN URGENCY ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, GRANTING AN EXCLUSIVE SOLID WASTE
MANAGEMENT SERVICES FRANCHISE TO PALM SPRINGS
DISPOSAL SERVICES, A CALIFORNIA CORPORATION;" 2) Waive the
reading of the full text and introduce Ordinance No. 1825, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
GRANTING AN EXCLUSIVE SOLID WASTE MANAGEMENT SERVICES
FRANCHISE TO PALM SPRINGS DISPOSAL SERVICES, A
CALIFORNIA CORPORATION;" 3) Waive the reading of the full text and
introduce Ordinance No. 1826, "AN ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADDING SECTIONS 6.04.075, 6.04.076,
AND 6.04.100 TO, AND AMENDING SECTIONS 6.04.010, 6.04.020,
6.040.40, AND 6.04.234 OF, THE PALM SPRINGS MUNICIPAL CODE
RELATING TO SOLID WASTE DISPOSAL SERVICES;" 4) Authorize the
City Manager to execute all necessary documents; and 5) Appoint the
Director of Public Works and/or designee as the City Ombudsman
pursuant to the Agreement. A6378. Motion Mayor Pro Tern Mills,
seconded by Councilmember Foat and unanimously carried on a roll
call vote.
I.C. WHITEWATER SOLAR, LLC FOR 7.75 ACRES OF "TAKE"
PURSUANT TO THE GUIDELINES OF THE COACHELLA VALLEY
MULTIPLE SPECIES HABITAT CONSERVATION PLAN FOR THE
DEVELOPMENT OF A 3 MEGAWATT SOLAR ENERGY PRODUCTION
FACILITY ON ROUGHLY 12 ACRES OF A 108-ACRE PARCEL
LOCATED AT 58641 TIPTON ROAD (CASE 5.1277 CUP):
Margo Wheeler, Director of Planning Services, provided background
information as outlined in the staff report dated July 3, 2013.
Mayor Pougnet opened the public hearing, and the following speaker
addressed the City Council.
DAVID ALLEN, Applicant, stated he has been working with the Planning
Commission, requested approval of the project, and stated the property
owner is in agreement to provide "take."
No further speakers coming forward, the public hearing was closed.
Mayor Pro Tern Mills stated his support for the Staff recommendation, and
questioned who is responsible for the process for the 'like exchange," and
noted the requirements and "Take" in the CVMSHCP.
Councilmember Lewin stated his support for the City Staff
recommendation, and stated this option provides the most flexibility and
allows the development to move forward.
City Council Minutes
July 3, 2013
Page 6
Mayor Pougnet questioned the delivery of electricity and approval with
SCE.
ACTION: Adopt Resolution No. 23403, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING IN PART 7.75 ACRES OF 'TAKE' FROM THE
WHITEWATER RIVER CONSERVATION AREA CONDITIONAL ON THE
APPROVAL OF ALL APPLICABLE AGENCIES AND JURISDICTIONS OF
AN EQUIVALENT AMOUNT OF NEW LAND (LIKE EXCHANGE) TO BE
ADDED TO THE CONSERVATION AREA PURSUANT TO THE
GUIDELINES OF THE COACHELLA VALLEY MULTIPLE SPECIES
HABITAT CONSERVATION PLAN (CVMSHCP) FOR THE
DEVELOPMENT OF A 3 MEGAWATT SOLAR ENERGY PRODUCTION
FACILITY ON A ROUGHLY 12 ACRE PORTION OF A 108 ACRE
PARCEL LOCATED AT 58641 TIPTON ROAD (APN: 522-080-065)."
Motion Mayor Pro Tem Mills, seconded by Councilmember Lewin and
unanimously carried on a roll call vote.
I.D. CRESCENDO, LLC FOR A PLANNED DEVELOPMENT DISTRICT IN.
LIEU OF ZONE CHANGE TO ALLOW A TWO-STORY, DETACHED
SINGLE FAMILY RESIDENTIAL DEVELOPMENT AND A TENTATIVE
TRACT MAP TO SUBDIVIDE 6.37 ACRES INTO 43 RESIDENTIAL
LOTS, COMMON AREA PARCELS, AND PRIVATE STREETS
LOCATED ON THE WEST SIDE OF BELARDO ROAD, SOUTH OF
MORONGO ROAD (CASE 5.1297 PDD 364 TTM 36548):
Margo Wheeler, Director of Planning Services, provided background
information as outlined in the staff report dated July 3, 2013.
Councilmember Foat requested Staff address the inclusion and impact to
the Housing Element of the General Plan.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
JOHN WESSMAN, Applicant, outlined the development, noted the
reduced density of the revised project, stated some of the letters received
by the City contained inaccuracies, and commented on the Planning
Commission and AAC approval.
ANN MARIE GALLANT, commented on the meeting held between the
neighborhood and the developer, the construction time and requested the
City Council limit the construction hours to Monday through Friday, and
stated the initial study is incomplete for view shed.
City Council Minutes
July 3, 2013
Page 7
JUDY DEERTRACK, Palm Springs, commented on the CEQA and
General Plan compliance, and stated there is an absence of an initial
study, and noted additional information that should have been received
and incorporated into the CEQA analysis.
JOHN WESSMAN, Rebuttal, commented on the design and layout of the
proposed redesigned development, opening up the view corridors and
shade patterns.
No further speakers coming forward, the public hearing was closed.
Mayor Pougnet requested the City Attorney address the reasons why City
Staff requested the continuance of the public hearing and the CEQA
issues.
Councilmember Hutcheson requested staff address the public benefit for
the use of the PDD.
Councilmember Lewin requested the City Attorney address the
appropriate steps on the CEQA analysis and the course of action if
litigation is filed.
Mayor Pro Tern Mills commented on the architecture, requested the staff
address the approval of the landscape plans including the private yard
landscaping, commented on public benefit and stated the reduction of
density is a public benefit, requested Staff and the Applicant address the
wall section at the rear of the development with respect to the slope.
Councilmember Foat requested the Applicant address the installation of
the decorative metal fence and the complex drainage issues.
ACTION: 1) Adopt Resolution No. 23404, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING THE CONSTRUCTION OF 43 TWO-STORY, DETACHED
SINGLE FAMILY RESIDENCE DEVELOPMENT AND A TENTATIVE
TRACT MAP FOR THE SUBDIVISION OF ROUGHLY 6.37 ACRES INTO
43 RESIDENTIAL LOTS, COMMON AREAS, AND PRIVATE STREETS
LOCATED ON THE WEST SIDE OF BELARDO ROAD, SOUTH OF
MORONGO ROAD (CASE 5.1297 PDD 364 TTM 36548)," amending the
Conditions of Approval to incorporate the revised conditions as prepared
by staff, require the rear yard landscaping for units abutting the streets be
submitted and approved by the AAC, and require the rear wall of the
complex be approved by the AAC and the Planning Commission; 2) Waive
the reading of the ordinance text in its entirety and read by title only; and
3) Introduce on first reading Ordinance No. 1827, "AN ORDINANCE OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PLANNED
City Council Minutes
July3, 2013
Page 8
DEVELOPMENT DISTRICT 364 IN LIEU OF A CHANGE OF ZONE FOR
APPROXIMATELY 6.37 ACRES ON THE WEST SIDE OF BELARDO
ROAD, SOUTH OF MORONGO ROAD (PDD 364)." Motion
Councilmember Hutcheson, seconded by Mayor Pro Tern Mills and
unanimously carried on a roll call vote.
PUBLIC COMMENT:
KATE CASTLE, requested the City Council lead the Coachella Valley cities to modify
the SCE planned power outages.
KEITH GOFF, commented on Item 21. and the funding of CVEP with Measure "J"
funds.
TOM FLAVIN, commented on Item 21. and 2.R. funding and lease for CVEP.
JOE WALLACE, commented on Item 21. and 2.R. funding and lease for CVEP.
KYLE WAGNER, commented on Item 21. and 2.R. funding and lease for CVEP.
TIMOTHY SIGLE, Palm Springs, commented on the quality of slurry seal overlay, and
Measure "J" funding.
GEORGE THALWITZER, Palm Springs, announced the operation of the sober living
facilities he operates in the City of Palm Springs.
PAT COOPER, Supervisor John Benoit's Office, announced the recent activities of the
County Supervisor's office.
GEORGE ZANDER, Palm Springs, thanked City Staff for their assistance with the Day
of Decision Rally.
CHRISTOPHER GOODMAN, commented on the recent shut down of the CCOC
medical cannabis facility.
JULIE SMITH, commented on Item 3.A. regarding the prohibition of mobile cannabis.
ELISSA HADEN, commented on medical cannabis facilities.
SUZANNE DATZ, stated her support for the CCOC medical cannabis facility.
EARLENE GADDIS, stated her support for CCOC medical cannabis facility.
LAURA CROWELL, commented on CCOC medical cannabis facility, and the proposed
prohibition on mobile medical cannabis operators.
City Council Minutes
July 3, 2013
Page 9
RICK PANTELE, commented on medical cannabis facilities in the City of Palm Springs
and the lack of facilities in Riverside County.
MIKE SMITH, commented on medical cannabis, and requested the number of licenses
be increased in the City of Palm Springs.
MICHAEL V. ADAMS, commented on Item 5.B. regarding a tax on medical cannabis.
JIM CAMPER, commented on Item 5.13. regarding a tax on medical cannabis.
JOAN MARTIN, commented on the quality of the street overlay project, and the Forever
Marilyn artwork in Downtown Palm Springs.
STEVE ROSENBERG, acknowledged the hard work of the City towards programs such
as the iHub, and commented on Item 2.F., contract for legal services.
COUNCILMEMBER COMMENTS:
Councilmember Foat requested the City Attorney address planned outages by SCE.
Mayor Pougnet stated Saint Paul's Church would volunteer as a cooling center.
Councilmember Lewin commented on SCE planned power outages, and requested staff
address the quality of road repairs.
Councilmember Hutcheson commented on the iHub Accelerator Program, and
requested staff address the number of jobs created to that appointed.
Mayor Pougnet commented on medical cannabis.
CITY MANAGER'S REPORT:
City Manager Ready provided an update on the public service hours of Development
Services.
2. CONSENT CALENDAR:
Mayor Pro Tern Mills noted his business related abstention on Consent Calendar
Item 2.D.
ACTION: Approve Items 2.A., 2.B., 2.C., 2.F., 2.G., 2.H., 2.1., 2.J., 2.K., 2.M.,
2.N., 2.0., 2.P., 2.Q., 2.T., and 2.U. Motion Councilmember Lewin, seconded
by Councilmember Hutcheson 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 July 3, 2013, City
Council Agenda. Approved as part of the Consent Calendar.
City Council Minutes
July 3, 2013
Page 10
2.6. APPROVAL OF MINUTES:
ACTION: Approve the City Council and Finance Authority Minutes of
June 19, 2013. Approved as part of the Consent Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 23405, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 6-08-13 BY WARRANTS NUMBERED 418182 THROUGH
418198 TOTALING $34,455.62, LIABILITY CHECKS NUMBERED
1064083 THROUGH 1064107 TOTALING $121,687.70, FIVE WIRE
TRANSFERS FOR $40,768.56 AND THREE ELECTRONIC ACH DEBITS
OF $1,051,402.10 IN THE AGGREGATE AMOUNT OF $1,248,313.98,
DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution No. 23406, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND
DEMANDS BY WARRANTS NUMBERED 1064108 THROUGH 1064222
IN THE AGGREGATE AMOUNT OF $589,618.40, DRAWN ON BANK OF
AMERICA;" and 3) Adopt Resolution No. 23407, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
1064223 THROUGH 1064382 IN THE AGGREGATE AMOUNT OF
$2,863,310.52, DRAWN ON BANK OF AMERICA." Approved as part of
the Consent Calendar.
2.1). SECOND READING AND ADOPTION OF ORDINANCE NO. 1822,
APPROVING PLANNED DEVELOPMENT DISTRICT PDD 363 IN LIEU
OF A CHANGE OF ZONE FOR ROUGHLY 7.11 ACRES OF LAND
LOCATED AT THE NORTHEAST CORNER OF AVENIDA
CABALLEROS AND AMADO ROAD:
ACTION: Waive the reading of the full text of the ordinance and adopt
Ordinance No. 1822, "AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PLANNED DEVELOPMENT
DISTRICT PDD 363 IN LIEU OF A CHANGE OF ZONE FOR ROUGHLY
7.11 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF
AVENIDA CABALLEROS AND AMADO ROAD," Approved as part of the
Consent Calendar, noting the business related abstention of Mayor
Pro Tern Mills.
2.F. APPROVE AMENDMENT NO. 1 TO THE AGREEMENT WITH
WOODRUFF, SPRADLIN & SMART FOR LEGAL SERVICES:
ACTION: 1) Approve Amendment No. 1 to Agreement No. A5022 with
Woodruff, Spradlin & Smart for Legal Services; and 2) Authorize the City
Manager to execute the Amendment to the Agreement. A5022. Approved
as part of the Consent Calendar.
City Council Minutes
July 3, 2013
Page 11
2.G. ACCEPT THE RESIGNATION OF RANDY LOWE FROM THE PARKS
AND RECREATION COMMISSION:
ACTION: 1) Accept with regret the resignation of Randy Lowe from the
Parks and Recreation Commission; and 2) Direct the City Clerk to post a
Notice of Vacancy for the unexpired term ending June 30, 2014.
Approved as part of the Consent Calendar.
2.H. ACCEPT THE RESIGNATION OF STACI SCHAFER FROM THE
SUSTAINABILITY COMMISSION:
ACTION: 1) Accept with regret the resignation of Staci Schafer from the
Sustainability Commission; and 2) Direct the City Clerk to post a Notice of
Vacancy for the unexpired term ending June 30, 2015. Approved as part
of the Consent Calendar.
2.1. TREASURER'S INVESTMENT REPORT AS OF MAY 31, 2013:
ACTION: Receive and file the Treasurer's Investment Report as of
May 31, 2013. Approved as part of the Consent Calendar.
2.J. FIRST AMENDMENT TO THE NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE
PERMIT IMPLEMENTATION AGREEMENT:
ACTION: 1) Approve the First Amendment to the National Pollutant
Discharge Elimination System Stormwater Discharge Permit
Implementation Agreement; and 2) Authorize the City Manager to execute
all necessary documents. A5624. Approved as part of the Consent
Calendar.
2.K. AMENDMENT NO. 3 TO AGREEMENT NO. A5862 WITH KEENAN &
ASSOCIATES FOR LOSS CONTROL AND REGULATORY SERVICES:
ACTION: 1) Approve Amendment No. 3 to consulting services agreement
with Keenan & Associates for Loss Control and Regulatory Services in the
amount of $65,000; and 2) Authorize the City Manager to execute all
necessary documents. A5862. Approved as part of the Consent
Calendar.
2.M. APPOINT A MEMBER TO THE PARKS AND RECREATION
COMMISSION FOR THE UNEXPIRED TERM ENDING JUNE 30, 2014:
ACTION: Appoint Cosimo Aiello to the Parks and Recreation Commission
for the unexpired term ending June 30, 2014. Approved as part of the
Consent Calendar.
2.N. RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY FOR
WALGREENS CO. IN ORDER TO SELL BEER, WINE AND DISTILLED
City Council Minutes
July 3, 2013
Page 12
SPIRITS FOR PROPERTY AT 2465 EAST PALM CANYON DRIVE,
BUILDING 14 (CASE 5.1242-PCN):
ACTION: Adopt Resolution No. 23408, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC
CONVENIENCE IN ORDER TO SELL BEER, WINE, AND DISTILLED
SPIRITS FOR CONSUMPTION OFF -SITE (TYPE 21 STATE
ALCOHOLIC BEVERAGE CONTROL LICENSE) FOR PROPERTY
LOCATED AT 2465 EAST PALM CANYON DRIVE, BUILDING 14."
Approved as part of the Consent Calendar.
2.0. AWARD CONTRACT FOR THE 2012-13 ANNUAL SLURRY SEAL
(CP 13-02)
ACTION: 1) Find and determine the bid submitted by VSS International,
Inc. as non -responsive pursuant to Palm Springs Municipal Code Section
7.09.030; 2) Approve an agreement with Pavement Coatings Co., in the
amount of $548,096.01, for the 2012-13 Annual Slurry Seal Project for
Alternative Bid Schedule B (CP 13-02); and 3) Authorize the City Manager
to execute all necessary documents. A6379. Approved as part of the
Consent Calendar.
2.P. GRANT CONSERVATION EASEMENT AND APPROVE COMPLIANCE
MONITORING AND FUNDING AGREEMENT WITH THE CENTER FOR
NATURAL LANDS MANAGEMENT (CNLM) FOR THE BOGERT WASH
PRESERVE AS A RESULT OF THE BOGERT TRAIL BRIDGE
PROJECT TO MITIGATE FOR THE CASEY'S JUNE BEETLE
(CP 07-03):
ACTION: 1) Grant a Conservation Easement to Center for Natural Lands
Management; 2) Approve Compliance Monitoring and Funding Agreement
with Center for Natural Lands Management for the Bogert Wash Preserve,
and 3) Authorize the City Manager to execute all necessary documents.
A6380. Approved as part of the Consent Calendar.
2.Q. APPROVAL OF A CONFORMITY REPORT FOR PHASE II OF THE
VILLAGE TRADITIONS PROJECT, LOCATED ON TRIBAL TRUST
LAND OF THE AGUA CALIENTE BAND OF CAHUILLA INDIANS AT
THE NORTHEAST CORNER OF EAST RAMON ROAD AND CALLE EL
SEGUNDO (CASE 5.1001):
ACTION: Adopt Resolution No. 23409, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A CONFORMITY REPORT ON THE PROPOSED PHASE II
OF THE VILLAGE TRADITIONS PROJECT, LOCATED ON TRIBAL
TRUST LAND OF THE AGUA CALIENTE BAND OF CAHUILLA
INDIANS, DIRECTING STAFF TO TRANSMIT SAID REPORT TO THE
TRIBAL COUNCIL OF THE AGUA CALIENTE BAND OF CAHUILLA
INDIANS, AND WAIVING THE JOINT MEETING BETWEEN THE CITY
City Council Minutes
July 3, 2013
Page 13
COUNCIL AND TRIBAL COUNCIL (CASE 5.1001)." Approved as part of
the Consent Calendar.
2.T. ACCEPT AN AWARD FROM THE U.S. DEPARTMENT OF JUSTICE IN
THE AMOUNT OF $21,188 AND APPROVE AN INTERLOCAL
AGREEMENT WITH THE COUNTY OF RIVERSIDE AND OTHER
PARTICIPATING CITIES FOR THE ADMINISTRATION OF THE GRANT:
ACTION: 1) Approve the acceptance of a grant award from the United
States Department of Justice in the amount of $21,188, for the 2013
Justice Assistance Grant (JAG) Program; 2) Approve an Interlocal
Agreement with the County of Riverside, and other participating cities
within Riverside County, for the County of Riverside to administer the
grant on behalf of participating agencies; and 3) Authorize the City
Manager to execute all necessary documents. A6244. Approved as part
of the Consent Calendar.
2.U. AWARD OF CONTRACT TO MARINA LANDSCAPE, INC. FOR THE
TAHQUITZ CANYON WAY SECTION 14 MEDIANS PROJECT IN THE
AMOUNT OF $1,688,150 (CP 08-20):
ACTION: 1) Approve an agreement with Marina Landscape, Inc. for the
construction of the Tahquitz Canyon Way Section 14 Medians Project in
the amount of $1,688,150 (CP 08-20); and 2) Authorize the City Manager
to execute all necessary documents. A6381. Approved as part of the
Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2.E. SECOND READING AND ADOPTION OF ORDINANCE NO. 1823,
REGARDING REGULATIONS PERTAINING TO FIRE COMMAND CENTER
REQUIREMENTS:
ACTION: Waive the reading of the full text of the ordinance and adopt Ordinance
No. 1823, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
REPEALING SUBSECTION 21 OF SECTION 8.04.510 OF THE PALM
SPRINGS MUNICIPAL CODE, PERTAINING TO FIRE COMMAND CENTER
REQUIREMENTS." Motion Councilmember Hutcheson, seconded by Mayor
Pro Tern Mills and carried 4-1 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Lewin, Mayor Pro
Tern Mills, and Mayor Pougnet.
NOES: Councilmember Foat.
2.L. FISCAL YEAR 2013-14 PROJECT/PROGRAM FUNDING
RECOMMENDATIONS FROM THE MEASURE "J" OVERSIGHT
COMMISSION:
City Manager Ready provided background information as outlined in the Staff
Report dated July 3, 2013.
City Council Minutes
July 3, 2013
Page 14
Mayor Pougnet commented on the process, and noted a request from the Art
Museum and stated his support for the Art Museum funding, and the funding of
CVEP, conditioned upon 'naming' rights, and noted his disappointment with the
Chino Cone land acquisitions and biking priorities.
Councilmember Hutcheson stated his support for the funding for the iHub and the
Museum request.
Mayor Pro Tern Mills noted his support for the Museum request, and stated his
support for Nos. 36 and 37 for street repairs and potential bonding for streets,
and the rehabilitation of the City Hall parking lot.
ACTION: 1) Receive and File the Measure "J" Oversight Commission funding
recommendations for Fiscal Year 2013-14 and certain multi -year funding
recommendations; 2) Direct the City Clerk to place the Commission funding
recommendations on a City Council agenda in September, for discussion and
approval of specific funding; and 3) Authorize the City Manager to execute
budget transfers for two capital projects, the Welwood Murray Memorial Library
Remodel Project, in the amount of $582,446, and the Uptown Crosswalk Project,
in the amount of $126,000, and approval and funding of the Architecture and
Design Museum in the amount of $283,334 per year for three years for a total
amount of $850,000, and the iHub Accelerator Campus in the amount of
$500,000 for the first year and $250,000 per year for two successive years for a
total amount of $1,000,000. Motion Mayor Pro Tem Mills, seconded by
Councilmember Hutcheson and unanimously carried on a roll call vote,
noting the property related abstention of Councilmember Foat on the
Uptown Crosswalk funding.
2.R. AMENDMENT NO. 1 TO AGREEMENT NO. A6037 WITH THE COACHELLA
VALLEY ECONOMIC PARTNERSHIP (CVEP) FOR EXPANSION OF THE
COACHELLA VALLEY INNOVATION HUB (CVIHUB) ACCELERATOR
CAMPUS LOCATED AT 2901 EAST ALEJO ROAD:
Mayor Pougnet commented on the funding commitments from other cities and
requested CVEP staff address the number of jobs created.
Councilmember Lewin commented on the success of the program, and the job
creation.
Councilmember Hutcheson commented on the job creation and the numbers
beyond the campus itself.
ACTION: 1) Approve Amendment No. 1 to Lease Agreement No. A6037 with
CVEP to add Building 5, consisting of 3,500 s/f; and 2) Authorize the City
Manager to execute all necessary documents. A6037. Motion Councilmember
City Council Minutes
July 3, 2013
Page 15
Foat, seconded by Councilmember Lewin and unanimously carried on a
roll call vote.
2.S. AUTHORIZE PURCHASE OF 15 NEW REPLACEMENT VEHICLES (6 OF
WHICH ARE HYBRIDS OR ALTERNATIVE FUEL VEHICLES) FOR THE
PALM SPRINGS POLICE DEPARTMENT:
Mayor Pro Tern Mills requested staff address the alternative fuel vehicles.
ACTION: 1) Approve the purchase of 15 new replacement vehicles for the Palm
Springs Police Department in an amount not to exceed $616,000; and 2) Adopt
Resolution No. 23410, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL
YEAR 2013-14 FOR POLICE DEPARTMENT REPLACEMENT VEHICLES."
Motion Mayor Pro Tern Mills, seconded by Councilmember Hutcheson and
unanimously carried on a roll call vote.
3. LEGISLATIVE:
3.A. URGENCY ORDINANCE ADDING SECTION 6.08.150 TO THE PALM
SPRINGS MUNICIPAL CODE PROHIBITING THE OPERATION OF
MOBILE MARIJUANA DISPENSARIES IN THE CITY:
City Attorney Holland provided background information as outlined in the
staff report dated July 3, 2013.
Councilmember Hutcheson questioned if permitted collectives would be
exempt from deliveries.
Mayor Pro Tern Mills requested the City Attorney address enforcement.
Councilmember Lewin requested City Staff addres deliveries by family
members, questioned the urgency findings in the ordinance, and
requested the City Council subcommittee comment on the ordinance.
Councilmember Hutcheson requested the City Council subcommittee
address if the subcommittee would make recommendations on additional
licenses.
ACTION: 1) Waive the reading of the ordinance text in its entirety and
read by title only; and 2) Adopt Ordinance No. 1828, "AN URGENCY
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
PROHIBITING THE OPERATION OF MOBILE MARIJUANA
DISPENSARIES IN THE CITY." Motion Councilmember Foat,
seconded by Councilmember Hutcheson and unanimously carried
on a roll call vote.
City Council Minutes
July 3, 2013
Page 16
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
5.A. DESIGNATION OF A VOTING DELEGATE AND ALTERNATE FOR THE
LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE
SEPTEMBER 18-20, 2013:
ACTION: Appoint Councilmember Foat as the Voting Delegate, and
appoint Mayor Pro Tern Mills as the Alternate Voting Delegate for the
2013 League of California Cities Annual Conference in Sacramento,
California, September 18-20, 2013. Motion Mayor Pougnet, seconded
by Councilmember Lewin and carried 4-1 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Lewin, Mayor
Pro Tern Mills, and Mayor Pougnet.
NOES: Councilmember Foat.
5.13. CONSIDER A MEASURE FOR SUBMISSION TO THE VOTERS AT THE
NOVEMBER 5, 2013, GENERAL MUNICIPAL ELECTION, REGARDING
A TAX ON THE OPERATIONS OF CANNABIS COLLECTIVES:
City Attorney Holland provided background information as outlined in the
staff report dated July 3, 2013.
The City Council discussed and/or commented on the following with
respect to the ballot measure: requested staff address a cost as opposed
to a fee, effect of cost on patients, review of existing facilities, the addition
of a licensing fee, and the percentage of the tax.
ACTION: 1) Adopt Resolution No. 23411, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING
THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A
MEASURE APPROVING AND IMPLEMENTING A TAX ON THE
OPERATIONS OF CANNABIS COOPERATIVES, AT THE GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5,
2013, AS CALLED BY RESOLUTION NO. 23368," amending Exhibit A
Section 3.35.010 to provide a tax of .15 for each $1.00 of proceeds; and 2)
Adopt Resolution No. 23412, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, SETTING
PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY
MEASURE AT THE NOVEMBER 5, 2013, GENERAL MUNICIPAL
ELECTION, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS." Motion Councilmember Foat, seconded by
Councilmember Lewin and unanimously carried on a roll call vote.
City Council Minutes
July 3, 2013
Page 17
Councilmember Hutcheson, stated he had a property ownership related conflict
of interest with respect to Item 5.C., would not participate in the discussion or
vote, and left Council Chamber.
S.C. CREATION OF "SPECIAL ECONOMIC DEVELOPMENT FOCUS
INCENTIVE PROGRAM AREAS" FOR THE BUSINESS DISTRICTS
GENERALLY LOCATED ON PALM CANYON DRIVE AND INDIAN
CANYON DRIVE FROM TRAMWAY ROAD TO TACHEVAH ROAD,
AND FROM RAMON ROAD TO SUNRISE WAY, INCLUDING EAST
SUNNY DUNES FROM PALM CANYON DRIVE TO CALLE ENCILIA:
John Raymond, Director of Community and Economic Development,
provided background information as outlined in the staff report dated July
3, 2013.
The City Council discussed and/or commented on the following with
respect to the incentive programs: subject criteria to qualify, advertising
and promotion of the programs, reach viable businesses to occupy the
properties, creation of a City Council subcommittee to work with staff, the
boundaries of the Northern Incentive Area.
ACTION: 1) Adopt Resolution No. 23413, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING THE CREATION OF SPECIAL ECONOMIC
DEVELOPMENT FOCUS INCENTIVE PROGRAM AREAS AND THE
ALLOCATION OF FUNDS FOR SUCH A PROGRAM FOR FISCAL YEAR
2013-14, expanding the boundary on the North Palm Canyon Area to
Tramway Road;" 2) Allocate $1,000,000 in Fiscal Year 2013-14 for the
Program Areas; 3) Authorize the City Manager to execute an appropriate
budget transfer; 4) Authorize the City Manager to execute all documents
related to the Incentive Agreements; and 5) Appoint an ad hoc City
Council Subcommittee of Councilmember Foat and Mayor Pro Tem Mills
for the Special Economic Development Focus Incentive Program. Motion
Mayor Pro Tern Mills, seconded by Councilmember Lewin and
unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Lewin, Mayor Pro
Tern Mills, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Hutcheson.
Councilmember Hutcheson returned to the dais.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: None.
ADJOURNMENT: The City Council adjourned, in memory of the Arizona firefighters, ai
9:52 p.m. to Wednesday, July 17, 2013, at 6:00 p.m. Council Chamber, City Hall,
City Council Minutes
July 3, 2013
Page 18
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
18T" DAY OF SEPTEMBER, 2013.
STEPFXN P. POUGN , MAYOR
ATTEST:
MES THOMPSON, CITY CLERK