HomeMy WebLinkAbout2013-09-04 CC MINUTESCITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
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MEETING MINUTES
WEDNESDAY, SEPTEMBER 4, 2013
CITY HALL COUNCIL CHAMBER
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:12 p.m
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge.
INVOCATION: Rev. Amanda Burr, United Methodist 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:
John Allen, Fire Chief, provided an update on the recent wildfires in Palm Springs and
the immediate area, and thanked all agencies and firefighters who provided their
valuable service fighting the wildfires.
Councilmember Foat announced donations to the Palm Springs Animal Shelter will be
matched by Harold Matzner.
Mayor Pougnet announced the Palm Springs Clean City initiatives.
REPORT OF CLOSED SESSION:
The meeting was called to order at 4:00 p.m., and City Attorney Holland requested the
City Council remove one Item from the Closed Session Agenda titled property
negotiations with Lauri Kibby, representing CDI Ventures, for the property located
generally at Amado Road and Calle Alvarado.
ACTION: Accept the Closed Session Agenda as amended, removing one item of
property negotiations with Lauri Kibby, representing CDI Ventures, for the property
located generally at Amado Road and Calle Alvarado. Motion Councilmember Lewin,
seconded by Mayor Pro Tem Mills and unanimously carried (5-0) on a roll call
vote.
City Council Minutes
September4, 2013
Page 2
City Attorney Holland stated the City Council recessed into Closed Session to discuss
items on the Closed Session Agenda as amended, reported the City Council authorized
a conflict wavier of representation, otherwise no reportable actions were taken.
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson requested the City Council hear Public Hearing Item 1.C., prior to
Public Hearing Item 1.B.
Councilmember Hutcheson requested Items 2.Q. and 2.U. be removed from the
Consent Calendar for separate discussion, and noted his business related abstention
on Consent Calendar Item 2.V.
Councilmember Foat noted her business related abstention on Item 2.C. Warrant Nos.
1064745 and 1065644, and requested Items 2.J., 21. and 23. be removed from the
Consent Calendar for separate discussion.
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. FILING OF NUISANCE ABATEMENT RESOLUTION REPORT FOR
ONE PUBLIC NUISANCE LOCATED AT 688 SOUTH MOUNTAIN VIEW
DRIVE:
JAMES ZICARO, Director of Building and Safety, provided background
information as outlined in the staff report dated September 4, 2013.
Mayor Pougnet opened the public hearing, and no speakers coming
forward the public hearing was closed.
Councilmember Foat requested staff address the difference between a
lien on the property and a special assessment, and if the City received any
further correspondence from the property owner or his representative.
ACTION: Adopt Resolution No. 23414, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING
FOR A SPECIAL ASSESSMENT ON PROPERTY LOCATED AT 688
SOUTH MOUNTAIN DRIVE." Motion Mayor Pro Tern Mills, seconded
by Councilmember Foat and unanimously carried on a roll call vote.
The City Council heard Public Hearing Item 1.C. prior to Public Hearing Item 1.B.
City Council Minutes
September 4, 2013
Page 3
Councilmember Hutcheson, stated he had a property related conflict of interest
with respect to Item 1.C., would not participate in the discussion or vote, and left
Council Chamber.
I.C. AMENDMENT TO THE 2007 PALM SPRINGS GENERAL PLAN AND A
CHANGE OF ZONE TO MODIFY THE CURRENT GENERAL PLAN AND
ZONING DESIGNATIONS OF SEVEN SEPARATE PARCELS IN
VARIOUS LOCATIONS WITHIN THE CITY TO MULTIPLE -FAMILY
RESIDENTIAL AND HIGH DENSITY RESIDENTIAL ZONES
(CASE 5.1294):
Margo Wheeler, Director of Planning Services, provided background
information as outlined in the staff report dated September 4, 2013.
Mayor Pougnet opened the public hearing, and no speakers coming
forward the public hearing was closed.
Mayor Pro Tem Mills requested staff address the increase in height
between the R-2 and R-3 zones, and expressed concern regarding the
three properties on Palm Canyon Drive as a residential use.
Councilmember Foat requested staff clarify the possibility for mixed use,
and is such a use allowable in the R-3 zone.
Councilmember Lewin requested staff address the parcel on Via Olivera
Road, and the parcel at Palm Canyon Drive and Stevens Road.
ACTION: Include Parcel No. 504-270-003 at W. Via Olivera Road in the
General Plan Amendment Resolution. Motion Councilmember Lewin,
seconded by Mayor Pougnet and carried 3-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember Lewin, and
Mayor Pougnet.
NOES: Mayor Pro Tern Mills.
ABSENT: Councilmember Hutcheson.
MOTION: Include Parcel No. 505-182-010 at North Palm Canyon Drive
and Stevens Road in the General Plan Amendment Resolution. Motion
Mayor Pougnet, failed for lack of a second.
ACTION: Adopt Resolution No. 23416, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
A NEGATIVE DECLARATION AND APPROVING AN AMENDMENT TO
THE 2007 PALM SPRINGS GENERAL PLAN ADOPTED BY
RESOLUTION NO. 22077 OF FOUR SEPARATE PARCELS FROM
MIXED USE TO HIGH DENSITY RESIDENTIAL AND A CHANGE OF
ZONE OF SIX SEPARATE PARCELS FROM THEIR CURRENT ZONES
City Council Minutes
September 4, 2013
Page 4
TO R-3 AND R4 (MULTIPLE -FAMILY RESIDENTIAL ZONES);"
amending the resolution to remove Parcel No. 505-182-010 at North Palm
Canyon Drive and West Stevens Road. Motion Councilmember Foat,
seconded by Mayor Pougnet and carried 3-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember Lewin, and
Mayor Pougnet.
NOES: Mayor Pro Tem Mills.
ABSENT: Councilmember Hutcheson.
Councilmember Hutcheson returned to the dais.
1.B. AMENDMENT TO THE 2007 PALM SPRINGS GENERAL PLAN
AMENDING LAND USE CATEGORIES ELIMINATING CLOSED
RANGES AND RETAINING DENSITY CAPS (CASE 5.1301 GPA):
Margo Wheeler, Director of Planning Services, provided background
information as outlined in the staff report dated September 4, 2013.
Councilmember Foat requested staff address the proposed revisions to
the resolution.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
JUDY DEERTRACK, Palm Springs, commented on the elimination of the
minimum deadline that may affect certain segments of the community
such as low income housing, and the lack of environmental analysis.
No further speakers coming forward, the public hearing was closed.
Mayor Pro Tern Mills questioned the difference between the Zoning Code
and the General Plan, and specifically the number of units allowed with a
Zone of RGA(6).
Councilmember Lewin requested staff address the re -designation of
certain parcels of low income/high density zoning.
Councilmember Foat requested staff address the Zoning Code and the
Land Use Element in the General Plan.
Councilmember Hutcheson stated the recommendation of the Planning
Commission is correct, and is an elegant way to solve the difference
between the Zoning Code and the General Plan.
City Council Minutes
September4, 2013
Page 5
Mayor Pro Tern Mills recommended rather than eliminate the minimum
units in any specific zone, have a blanket statement in the General Plan to
ensure consistency with the Zoning Code and the General Plan.
ACTION: Adopt Resolution No. 23415, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING AN AMENDMENT TO THE 2007 PALM SPRINGS
GENERAL PLAN ADOPTED BY RESOLUTION NO. 22077 REVISING
RESIDENTIAL LAND USE CATEGORIES BY ELIMINATING CLOSED
RANGES." Motion Mayor Pougnet, seconded by Councilmember
Hutcheson and carried 3-2 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Lewin, and
Mayor Pougnet.
NOES: Councilmember Foat and Mayor Pro Tern Mills.
1.11). PROPOSED ORDINANCE AMENDING THE PALM SPRINGS
MUNICIPAL AND ZONING CODES TO EXPAND PUBLIC HEARING
NOTIFICATION AND REQUIRE NOTICING SIGNAGE (CASE 5.1302
ZTA):
Margo Wheeler, Director of Planning Services, provided background
information as outlined in the staff report dated September 4, 2013.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
JUDY DEERTRACK, Palm Springs, stated the City should extend the
provisions of notice to renters, and requested that neighborhood meetings
should be required.
No further speakers coming forward, the public hearing was closed.
Councilmember Lewin stated the proposed ordinance expands notification
and the signage requirement, commented on the notice to renters, and
suggested the ordinance be modified to require the signage for 30-days.
Mayor Pro Tem Mills stated he is in support of the recommendation for the
expanded mailing requirements, requested staff address the responsibility
to send electronic notification, requested staff address the additional
notice requirement at the discretion of the Director of Planning Services,
and the requirement for different sign sizes.
ACTION: 1) Waive the reading of the ordinance text in its entirety and
read by title only; and 2) Introduce on first reading Ordinance No. 1829,
"AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING PALM SPRINGS MUNICIPAL CODE SECTIONS 8.05,
City Council Minutes
September 4, 2013
Page 6
14.20, AND ZONING CODE SECTIONS 93.23 AND 94.02 THROUGH
94.08, INCLUSIVE, AND ADDING SECTION 94.09 TO THE PALM
SPRINGS ZONING CODE RELATING TO PUBLIC HEARING
NOTIFICATION AND NOTICING SIGNAGE;" amending Exhibit A to the
ordinance as follows: i) Section 94.09.00(F)(8) to provide the signage shall
be posted for 30 days; ii) Section 94.09. 00(E) (4) to require the electronic
mail notification to Neighborhood Organizations by Staff,- and iii) Section
94.09.00(F)(4) to require one size for all signs as 367H by 48"W. Motion
Councilmember Foat, seconded by Mayor Pro Tern Mills and
unanimously carried on a roll call vote.
PUBLIC COMMENT:
REGINA FAY JONES, Palm Springs, commented on the use of medical cannabis
collectives in the City of Palm Springs.
DON SPENCE, commented on the use of medical cannabis collectives in the City of
Palm Springs.
ROBERT STANSFIELD, Palm Springs, commented on the use of medical cannabis
collectives in the City of Palm Springs.
JASON JORDAN, commented on the use of medical cannabis collectives in the City of
Palm Springs.
MANUEL MONTOYA, commented on Item 2.F., and read a statement on behalf of the
People for Proper Planning in opposition to the proposed Ordinance approving
PDD 364.
STEVEN COLLEY, Palm Springs, commented on the use of medical cannabis
collectives in the City of Palm Springs.
LAURA KILLINGBECK, commented on the use of medical cannabis collectives in the
City of Palm Springs.
RICHARD CLAPP, Palm Springs Unified
requested the City Council approve Item
District.
School District, commented on Item 4.A.,
2.K., and the Measure J request for the
SOLOMON HUTCHINGS, commented on City's commitment to fund the sewer
improvements for the Arnico Tract in Palm Springs.
TERRY TOWNE, commented on Item S.A., and requested the City Council approve the
issuance of a Film Permit.
City Council Minutes
September 4, 2013
Page 7
DANIEL SERRATS, commented on the use of medical cannabis collectives in the City
of Palm Springs.
KARINA QUINTANILLA, commented on the use of medical cannabis collectives in the
City of Palm Springs.
BRETT KLEIN, commented on Item 4.A., and the Measure J funding for the City's non -
motorized transportation plan and bike funding.
VICTOR YEPELLO, commented on Item 4.A., and the Measure J funding for the City's
non -motorized transportation plan and bike funding.
SAMUEL PEDEN, commented on Item 5.A., and requested the City Council approve
the issuance of a Film Permit.
NANCY STUART, Palm Springs, announced the activities of the Palm Springs Aerial
Tramway, and the upcoming 50th Anniversary of the Tram.
COUNCILMEMBER COMMENTS:
Mayor Pougnet requested the City Manager report on the installation of sewers in the
Arnico Tract.
Councilmember Foat commented on the process of allowing medical cannabis
collectives in the City of Palm Springs.
Councilmember Hutcheson commented on the installation of bike paths, and noted the
City Manager should bring forward any clarification as required for bike paths.
CITY MANAGER'S REPORT:
City Manager Ready announced the City recently hosted a delegation of City Officials
from Kabul, Afghanistan.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.1., 2.K.,
2.M., 2.N., 2.0., 2.P., 2.R., 2.S., and 2.V. Motion Mayor Pro Tern 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
September 4, 2013, City Council Agenda. Approved as part of the
Consent Calendar.
City Council Minutes
September4, 2013
Page 8
2.13. AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF
CORRECTIONS TO USE THE PALM SPRINGS POLICE
DEPARTMENT'S FIREARM RANGE THROUGH JUNE 30, 2015:
ACTION: 1) Approve a Facility Use Agreement with the State of
California, Department of Corrections, for the use of the Palm Springs
Police Department's Firearm Range, in the amount of $6,000.00 revenue
to the City through June 30, 2015, in a form approved by the City Attorney;
and 2) Authorize the City Manager to execute all necessary documents.
A6199. Approved as part of the Consent Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 23417, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 6-22-13 BY WARRANTS NUMBERED 418199 THROUGH
418215 TOTALING $28,734.60, LIABILITY CHECKS NUMBERED
1064383 THROUGH 1064407 TOTALING $122,057.07, FIVE WIRE
TRANSFERS FOR $40,993.56 AND THREE ELECTRONIC ACH DEBITS
OF $1,026,968.70 IN THE AGGREGATE AMOUNT OF $1,218,753.93,
DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution No. 23418, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND
DEMANDS BY WARRANTS NUMBERED 1064408 THROUGH 1064543
IN THE AGGREGATE AMOUNT OF $1,680,179.93, DRAWN ON BANK
OF AMERICA;" 3) Adopt Resolution No. 23419, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1064544 THROUGH 1064559 IN THE AGGREGATE
AMOUNT OF $951,118.29, DRAWN ON BANK OF AMERICA;" 4) Adopt
Resolution No. 23420, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF PAYROLL WARRANTS FOR THE PERIOD ENDED 7-06-13 BY
WARRANTS NUMBERED 418216 THROUGH 418230 TOTALING
$32,928.82, LIABILITY CHECKS NUMBERED 1064560 THROUGH
1064584 TOTALING $121,632.28, FIVE WIRE TRANSFERS FOR
$48,845.19 AND THREE ELECTRONIC ACH DEBITS OF $1,097,018.08
IN THE AGGREGATE AMOUNT OF $1,300,424.37, DRAWN ON BANK
OF AMERICA;" 5) Adopt Resolution No. 23421, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1064585 THROUGH 1064729 IN THE AGGREGATE
AMOUNT OF $1,246,116.01, DRAWN ON BANK OF AMERICA;" 6) Adopt
Resolution No. 23422, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1064730
THROUGH 1064855 IN THE AGGREGATE AMOUNT OF $2,683,498.64,
City Council Minutes
September 4, 2013
Page 9
DRAWN ON BANK OF AMERICA;" 7) Adopt Resolution No. 23423, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL
WARRANTS FOR THE PERIOD 7-20-13 BY WARRANTS NUMBERED
418231 THROUGH 418248 TOTALING $45,020.72, LIABILITY CHECKS
NUMBERED 1064856 THROUGH 1064880 TOTALING $121,653.78,
FIVE WIRE TRANSFERS FOR $70,848.55 AND THREE ELECTRONIC
ACH DEBITS OF $1,528,679.28 IN THE AGGREGATE AMOUNT OF
$1,766,202.33, DRAWN ON BANK OF AMERICA;" 8) Adopt Resolution
No. 23424, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS
AND DEMANDS BY WARRANTS NUMBERED 1064881 THROUGH
1065074 IN THE AGGREGATE AMOUNT OF $3,637,872.62, DRAWN
ON BANK OF AMERICA;" 9) Adopt Resolution No. 23425, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND
DEMANDS BY WARRANTS NUMBERED 1065075 THROUGH 1065251
IN THE AGGREGATE AMOUNT OF $1,894,964.42, DRAWN ON BANK
OF AMERICA;" 10) Adopt Resolution No. 23426, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
1065252 IN THE AMOUNT OF $15,329.00, DRAWN ON BANK OF
AMERICA;" 11) Adopt Resolution No. 23427, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 8-03-13 BY WARRANTS NUMBERED 418249 THROUGH
418273 TOTALING $43,916.61, LIABILITY CHECKS NUMBERED
1065253 THROUGH 1065277 TOTALING $122,261.38, FIVE WIRE
TRANSFERS FOR $44,563.87 AND THREE ELECTRONIC ACH DEBITS
OF $1,099,346.33 IN THE AGGREGATE AMOUNT OF $1,310,088.19,
DRAWN ON BANK OF AMERICA;" 12) Adopt Resolution No. 23428, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND
DEMANDS BY WARRANTS NUMBERED 1065278 THROUGH 1065462
IN THE AGGREGATE AMOUNT OF $1,650,771.38, DRAWN ON BANK
OF AMERICA;" 13) Adopt Resolution No. 23429, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1065463 THROUGH 1065577 IN THE AGGREGATE
AMOUNT OF $3,889,014.33, DRAWN ON BANK OF AMERICA;"
14) Adopt Resolution No. 23430, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 8-17-13 BY WARRANTS NUMBERED 418274 THROUGH
418292 TOTALING $33,741.48, LIABILITY CHECKS NUMBERED
1065578 THROUGH 1065601 TOTALING $121,440.22, FIVE WIRE
City Council Minutes
September 4, 2013
Page 10
TRANSFERS FOR $44,827.61 AND THREE ELECTRONIC ACH DEBITS
OF $1,073,405.17 IN THE AGGREGATE AMOUNT OF $1,273,414,48,
DRAWN ON BANK OF AMERICA;" and 15) Adopt Resolution No. 23431,
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND
DEMANDS BY WARRANTS NUMBERED 1065602 THROUGH 1065757
IN THE AGGREGATE AMOUNT OF $831,446.03, DRAWN ON BANK OF
AMERICA." Approved as part of the Consent Calendar, noting the
business related abstention of Councilmember Foat on Warrant Nos.
1064745 and 1065644.
2.D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR
THE MONTHS OF JUNE AND JULY 2013:
ACTION: Receive and file the report of Staff Authorized Agreements and
Purchase Orders for the period of June 1 through July 31, 2013.
Approved as part of the Consent Calendar.
2.E. SECOND READING AND ADOPTION OF ORDINANCE NO. 1825,
GRANTING AN EXCLUSIVE SOLID WASTE MANAGEMENT
SERVICES FRANCHISE TO PALM SPRINGS DISPOSAL SERVICES
AND ORDINANCE NO. 1826, AMENDING THE PALM SPRINGS
MUNICIPAL CODE REGARDING WASTE DISPOSAL SERVICES:
ACTION: 1) Waive the reading of the full text of the ordinance and adopt
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;" and 2) Waive the reading of the full text of the
ordinance and adopt 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, 6,04.040, AND 6.04.234 OF THE PALM SPRINGS MUNICIPAL
CODE RELATING TO SOLID WASTE DISPOSAL SERVICES."
Approved as part of the Consent Calendar.
2.F. SECOND READING AND ADOPTION OF ORDINANCE NO. 1827,
APPROVING PLANNED DEVELOPMENT DISTRICT PDD 364 IN LIEU
OF A CHANGE OF ZONE FOR A PARCEL ON THE WEST SIDE OF
BELARDO ROAD, SOUTH OF MORONGO ROAD:
ACTION: Waive the reading of the full text of the ordinance and adopt
Ordinance No. 1827, "AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PLANNED DEVELOPMENT
DISTRICT PDD 364 IN LIEU OF A CHANGE OF ZONE FOR A
ROUGHLY 6.37 ACRE PARCEL ON THE WEST SIDE OF BELARDO
ROAD, SOUTH OF MORONGO ROAD." Approved as part of the
Consent Calendar.
City Council Minutes
September 4, 2013
Page 11
2.G. TREASURER'S INVESTMENT REPORTS AS OF JUNE 30, 2013, AND
JULY 31, 2013:
ACTION: 1) Receive and file the Treasurer's Investment Report as of
June 30, 2013; and 2) Receive and file the Treasurer's Investment Report
as of July 31, 2013. Approved as part of the Consent Calendar.
2.1-1. DECLARE A VACANCY ON THE PALM SPRINGS INTERNATIONAL
AIRPORT COMMISSION:
ACTION: 1) Declare a vacancy on the Palm Springs International Airport
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.
2.1. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF INDIAN
WELLS TO THE PALM SPRINGS INTERNATIONAL AIRPORT
COMMISSION FOR THE TERM ENDING JUNE 30, 2015:
ACTION: Appoint Douglas Gordon, as the City of Indian Wells'
representative, to the Palm Springs International Airport Commission for
the term ending June 30, 2015. Approved as part of the Consent
Calendar.
2.K. AGREEMENT WITH PALM SPRINGS UNIFIED SCHOOL DISTRICT TO
PROVIDE A FULL TIME POLICE OFFICER AT THE PALM SPRINGS
HIGH SCHOOL CAMPUS:
ACTION: 1) Approve an agreement with the Palm Springs Unified School
District to provide a full time police officer at the high school campus
including the Ramon Academy, for one year expiring at the end of 2014
school year; and 2) Authorize the City Manager to execute all necessary
documents. A5553. Approved as part of the Consent Calendar.
2.M. CONSULTING SERVICES AGREEMENT IN THE AMOUNT OF $37,000
FOR THE REDESIGN AND IMPLEMENTATION OF THE CITY OF PALM
SPRINGS WEBSITE AND AN ANNUAL SERVICE MAINTENANCE
AGREEMENT IN THE AMOUNT OF $6,600:
ACTION: 1) Approve an addendum with Vision Internet to redesign and
implement the City's website in the amount of $37,000; 2) Approve a
service maintenance agreement with Vision Internet for Vision Live
ongoing support services in the amount of $6,600 per year with annual
CPI adjustments; and 3) Authorize the City Manager to execute the
necessary documents in a final form approved by the City Attorney.
A5594. Approved as part of the Consent Calendar.
2.N. DISPOSAL AND RECYCLING OF BALLISTIC VESTS AND HELMETS
VIA STATE AUTHORIZED PROGRAM:
ACTION: 1) Waive the Public Auction requirement in Palm Springs
Municipal Code Section 7.07.020 (3) for Disposition of Surplus Property
City Council Minutes
September 4, 2013
Page 12
and authorize the destruction and recycle of 27 Ballistic Vests and 22
Helmets by Safaril-and, LLC pursuant to the terms and conditions of
California State Contract 1-10-84-07; and 2) Authorize the City Manager to
execute all necessary documents. Approved as part of the Consent
Calendar.
2.0. LETTER IN SUPPORT OF AB 300 (PEREA) MOBILE TELEPHONE
COMMUNICATIONS:
ACTION: Receive and file. Approved as part of the Consent Calendar.
2.P. AWARD OF CONTRACT FOR FRANCES STEVENS PARK BUILDING
COURTYARD AND PARKING LOT PROJECT (CP 13-01):
ACTION: 1) Approve an agreement with Golden Valley Construction, Inc.,
for the Frances Stevens Park Building Courtyard and Parking Lot Project
in the amount of $78,845 (CP 13-01); and 2) Authorize the City Manager
to execute all necessary documents. A6396. Approved as part of the
Consent Calendar.
2.R. INITIATE AN AMENDMENT TO THE PALM SPRINGS ZONING CODE
REGARDING SOLAR COLLECTORS:
ACTION: Initiate a Zone Text Amendment pursuant to Palm Springs
Zoning Code Section 94.07.01.A.1.1b regarding solar collectors, and refer
to the Planning Commission. Approved as part of the Consent
Calendar.
2.S. APPROVAL OF NOTICE TO PROCEED FOR VEOLIA WEST
OPERATING SERVICES, INC. FOR THE DESIGN AND SUBSEQUENT
CONSTRUCTION OF THE WASTEWATER TREATMENT PLANT
(WWTP) PRIORITY 1 PLANT UPGRADE PROJECTS (CP 13-19, 13-20,
13-21, 13-22, 13-23, AND 13-24):
ACTION: 1) Authorize the Director of Public Works/City Engineer to issue
a Notice to Proceed for Veolia West Operating Services, Inc. for the
design of Digester No. 2 Dome Replacement in the amount of $168,259
and approve proceeding with construction at a total cost not to exceed
$1,050,000 (CP 13-19); 2) Authorize the Director of Public Works/City
Engineer to issue a Notice to Proceed for Veolia West Operating Services,
Inc. for the design of a New Sludge Centrifuge in the amount of $238,768
and approve proceeding with construction at a total cost not to exceed
$1,490,000 (CP 13-20); 3) Authorize the Director of Public Works/City
Engineer to issue a Notice to Proceed for Veolia West Operating Services,
Inc. for the design of a New Primary Effluent Pump Station in the amount
of $466,319 and approve proceeding with construction at a total cost not
to exceed $2,910,000 (CP 13-21); 4) Authorize the Director of Public
Works/City Engineer to issue a Notice to Proceed for Veolia West
Operating Services, Inc. for the design of New Headworks in the amount
of $948,662 and approve proceeding with construction at a total cost not
City Council Minutes
September 4, 2013
Page 13
to exceed $5,920,000 (CP 13-22); 5) Authorize the Director of Public
Works/City Engineer to issue a Notice to Proceed for Veolia West
Operating Services, Inc. for the design of New Circular Primary Clarifiers
w/Sludge Pump Station in the amount of $1,450,235 and approve
proceeding with construction at a total cost not to exceed $9,050,000 (CP
13-23); and 6) Authorize the Director of Public Works/City Engineer to
issue a Notice to Proceed for Veolia West Operating Services, Inc. for
WWTP Facility Plan in the amount of $40,062 (CP 13-24). Approved as
part of the Consent Calendar.
2.V. AMENDMENT NO. 1 TO AGREEMENT NO. A6017 WITH
MUNISERVICES, LLC FOR AUDITING SERVICES FOR THE CITY'S
TRANSIENT OCCUPANCY TAX COMPLIANCE PROGRAM:
ACTION: 1) Approve Amendment No. 1 to Agreement No. A6017 with
MuniServices, LLC, to provide the City TOT compliance audit and other
related services and extend the contract term to June 30, 2018, to cover
audits through Fiscal Year 2016-2017; and 2) Authorize the City Manager
to execute all necessary documents, subject to review and approval of the
City Attorney. A6017. Approved as part of the Consent Calendar,
noting the business related abstention of Councilmember
Hutcheson.
EXCLUDED CONSENT CALENDAR:
2.1 ACCEPTANCE OF GRANT FUNDING FROM THE CALIFORNIA
OFFICE OF TRAFFIC SAFETY (OTS) FOR A SELECTIVE TRAFFIC
ENFORCEMENT PROGRAM IN THE AMOUNT OF $92,170:
Councilmember Foat requested the Police Chief comment on the intended
use of the Grant Funds.
ACTION: 1) Accept grant funding from the California Office of Traffic
Safety for a Selective Traffic Enforcement Program to be used to enforce,
educate, and bring awareness to the public in the amount of $92,170; and
2) Authorize the City Manager to execute all necessary documents.
A5734. Motion Councilmember Foat, seconded by Councilmember
Hutcheson and unanimously carried on a roll call vote.
2.L. APPROVE AMENDMENT NO. 3 TO AGREEMENT NO. A6267 WITH
WILLIAM KLEINDIENST FOR ADDITIONAL SERVICES AT THE
WELWOOD MURRAY MEMORIAL LIBRARY:
Councilmember Foat requested City Staff provide a timeline of completion
for the project.
City Council Minutes
September4, 2013
Page 14
ACTION: 1) Approve Amendment No. 3 to Architectural Services
Agreement No. A6267 with William Kleindienst for additional services at
the Welwood Murray Memorial Library project for a total cost increase of
$13,900; and 2) Authorize the City Manager to execute all necessary
documents. A6267. Motion Councilmember Lewin, seconded by
Mayor Pro Tern Mills and unanimously carried on a roll call vote.
2.0. APPROVAL OF A NOTICE TO PROCEED FOR VEOLIA WEST
OPERATING SERVICES, INC. FOR THE 2013 SEWER COLLECTION
SYSTEM REPAIRS (CP 12-03):
Councilmember Hutcheson requested staff address the utility companies
that dig in the City streets and requested staff report on the current
standards.
ACTION: Authorize the Director of Public Works/City Engineer to issue a
Notice to Proceed for Veolia West Operating Services, Inc. for the 2013
Sewer Collection System Repairs in the amount of $419,647 (CP 12-03).
Motion Councilmember Hutcheson, seconded by Mayor Pro Tern
Mills and unanimously carried on a roll call vote.
The City Council requested the City Manager bring forward policy
recommendations on requirements for public utilities digging up City
streets.
2.T. AUTHORIZE THE PAYMENT OF $6,653,617 AS REQUIRED BY THE
STATE OF CALIFORNIA, DEPARTMENT OF FINANCE, AS A RESULT
OF THE REDEVELOPMENT DISSOLUTION ACT AND APPROVING
RELATED BUDGETED AMENDMENTS:
ACTION: 1) Adopt Resolution No. 23432, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
THE BUDGET FOR FISCAL YEAR 2013-14 TO PROVIDE FUNDING
FOR THE STATE OF CALIFORNIA REDEVELOPMENT DISSOLUTION
ACT;" and 2) Direct and authorize the Director of Finance to make the
required payment of approximately $6,653,617 to the Riverside County
Auditor -Controller's Office within five days, and to notify the California
Department of Finance of the payment. Motion Councilmember Foat,
seconded by Mayor Pougnet and unanimously carried on a roll call
vote.
2.U. SUBMISSION OF AN APPLICATION TO THE UNITED STATES
DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT
ADMINISTRATION (EDA) AS CO -APPLICANTS WITH THE
COACHELLA VALLEY ECONOMIC PARTNERSHSHIP (CVEP) FOR A
$1,000,000 GRANT FOR THE TENANT IMPROVEMENT COSTS FOR
THE COACHELLA VALLEY INNOVATION HUB (CVIHUB)
City Council Minutes
September 4, 2013
Page 15
ACCELERATOR CAMPUS LOCATED AT 2901 EAST ALEJO ROAD,
PALM SPRINGS; APPROVE A LEASE AGREEMENT WITH CVEP FOR
THE 41,707 SQUARE FOOT FACILITY, AND APPROVE A LETTER
AGREEMENT WITH CVEP FOR THE RECEIPT OF MEASURE J
FUNDS:
Councilmember Hutcheson requested staff address any financial
commitment from the City after three years.
ACTION: 1) Approve the submission of the EDA Grant Application with
the City as Co -Applicant, including the EDA Memorandum of
Understanding (MOU) between CVEP and the City; 2) Approve a Lease
Agreement with CVEP for the 41,707 square foot facility; 3) Approve a
Measure J Letter Agreement for the award of $1,000,000 in Measure J
funds; and 4) Authorize the City Manager to execute all necessary
documents. A6397. A6398. A6399. Motion Councilmember Hutcheson,
seconded by Councilmember Foat and unanimously carried on a roll
call vote.
The City Council recessed at 8:36 P.M.
The City Council reconvened at 8:41 P.M.
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS:
4.A. FISCAL YEAR 2013-14 MEASURE J PROJECT/PROGRAM FUNDING
RECOMMENDATIONS:
City Manager Ready provided background information as outlined in the
staff report dated September 4, 2013.
Mayor Pougnet commented on the projected increase in sales tax
revenue, commented on the extraordinary effort by the Measure J
Oversight Commission, commented on the recommendations by the City
Manager, stated the Commission should review the recommendations of
the City Manager, requested the City Council do not allocate the $2.8
million without the Commission review of the recommendations, and
recommended the Subcommittee review the budgeting and review
process.
Councilmember Hutcheson commented on the recommendation for a joint
effort by the City Council Subcommittee and the Measure J Oversight
Commission Subcommittee, recommended the Commission review the
City Manager's recommendations and advise the City Council, and
recommended the City Council develop broad and specific guidelines for
City Council Minutes
September 4, 2013
Page 16
the overall direction of the City, which will also provide additional
information for the Commission to consider.
Councilmember Lewin acknowledged the work of the Measure J Oversight
Commission and stated his support for the Commission's
recommendations, recommended the Commission evaluate the City
Manager's recommendations, and stated he does not support the delay of
the Tahquitz Creek Master Plan.
Councilmember Foat commented on the development of the Tahquitz
Creek Master Plan, and recommended further investigation including an
update on the plan and funding the landscaping of the triangle parcel
along South Palm Canyon included in the plan.
Mayor Pro Tem Mills acknowledged the members of the Measure J
Oversight Commission, stated his support for the Commission to review
the City Manager's recommendations as contained in the staff report,
noted the reconstruction of roads in the City are a priority and the City
should be reviewing a bond to leverage road improvements,
recommended the reserve for unallocated projects be increased, and
noted a lack of funding for the Library and Parks.
Councilmember Hutcheson commented on the focus of the Commission,
the City Council Subcommittee and the Commission Subcommittee, and
stated his support for funding the Tahquitz Creek Master Plan, and other
recreational activities.
Councilmember Foat acknowledged the Measure J Oversight
Commission, and recommend the Commission Subcommittee tour the
Police Department.
The City Council discussed the priorities for the Tahquitz Creek Master
Plan: i) landscaping of the triangle parcel; and ii) updating of the plan
funding in the amount of $200,000.
ACTION: Forward the Project/Program Funding Recommendation to the
Measure "J" Commission for further review and recommendations. By
consensus of the City Council.
Councilmember Hutcheson, stated he had a property related conflict of interest
with respect to Item 4.B., would not participate in the discussion or vote, and left
Council Chamber.
City Council Minutes
September 4, 2013
Page 17
4.13. APPROVE $1,000,000 FUNDING FOR THE "SPECIAL ECONOMIC
DEVELOPMENT FOCUS INCENTIVE PROGRAM AREAS" AND
AUTHORIZE RELATED BUDGET AMENDMENTS:
City Manager Ready provided background information as outlined in the
staff report dated September 4, 2013.
Mayor Pro Tern Mills stated his opposition to funding the incentive
program with Measure J Funds, but stated his support for the programs
and the goals of the project.
Councilmember Foat noted the success of a similar program in the
Downtown area, stated her support for this incentive program in the
Uptown area, and stated Measure J funds should not be used.
Councilmember Lewin stated he is not opposed to the Commission and
City Council review of the use of Measure J funding.
ACTION: 1) Adopt Resolution No. 23433, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
THE BUDGET FOR FISCAL YEAR 2013-14 TO PROVIDE $1,000,000 IN
FUNDING FOR THE CITY'S "SPECIAL ECONOMIC DEVELOPMENT
FOCUS INCENTIVE PROGRAM AREAS," amending Section 1 and
Section 2 to provide full funding from the General Fund and adding a
Section 3 to read "The City Manager is authorized and directed to execute
a budget amendment to provide $500,000 funding from Measure J Fund,
and reduce the General Fund contribution by $500,000, if at the time of
the Fiscal Year 2014-15 Budget, General Fund reserves of $2 million are
required;" and 2) Authorize the City Manager to execute all documents
related to the Budget Resolution and the Incentive Agreements. Motion
Councilmember Lewin, seconded by Mayor Pougnet and carried 3-1
on a roll call vote.
AYES: Councilmember Foat, Councilmember Lewin, and
Mayor Pougnet.
NOES: Mayor Pro Tern Mills.
ABSENT: Councilmember Hutcheson.
Councilmember Hutcheson returned to the dais.
5. NEW BUSINESS:
S.A. APPROVE THE ISSUANCE OF A FILM PERMIT AND THE
SUSPENSION OF CERTAIN REGULATORY ORDINANCES TO NBC
"AMERICAN DREAM BUILDERS" FROM SUNDAY, OCTOBER 6 THRU
SATURDAY, OCTOBER 12, 2013, FOR 24-HOUR 7 DAY PER WEEK
City Council Minutes
September 4, 2013
Page 18
FILMING AND REHABILITATION OF TWO HOMES LOCATED AT 2680
AND 2730 STARR ROAD:
City Clerk Thompson provided background information as outlined in the
staff report dated September 4, 2013.
The City Council thanked the community and commented on the
neighborhood support.
ACTION: 1) Authorize the issuance of a Film Permit, pursuant to Palm
Springs Municipal Code Section 5.76.070, to NBC "American Dream
Builders" to film the major renovation of two homes located at 2680 and
2730 Starr Road, from October 6, 2013 through October 12, 2013,
including 24-hours per day filming and construction; 2) Authorize the City
Manager to close Starr Road from East Desert Willow Circle to Francis
Drive, and Sycamore Circle and East Laurel Circle, with access allowed
only by residents and invited guests; and 3) Approve the suspension of
Palm Springs Municipal Code Chapter 11.96 [Parking RV's on the street in
the residential area], Chapter 11.74 [Noise and Construction Noise Hours],
and Chapter 93.21.00 [Lighting Ordinance]. Motion Councilmember
Foat, seconded by Mayor Pougnet and unanimously carried on a roll
call vote.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Mayor Pro Tem Mills commented on the lack of funding of capital projects for the last
twelve years.
Mayor Pougnet commented on the current State of the City of Palm Springs
ADJOURNMENT: The City Council adjourned at 9:58 P.M. to Wednesday,
September 18, 2013, 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
18T" DAY OF SEPTEMBER, 2013.
ATTEST:
MES THOMPSON, CITY CLERK
14
S'TEPH N P. POUGNET, MAYOR