HomeMy WebLinkAbout9/18/2013 - STAFF REPORTS - 2.B. CITY 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 Tern Mills and unanimously carried (5-0) on a roll call
vote.
ITEM NO._21b
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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 I .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 I .C. prior to Public Hearing Item I.B.
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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.
1.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 Tern 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 Tem 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
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TO R-3 AND R-4 (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 Tern Mills.
ABSENT: Councilmember Hutcheson.
Councilmember Hutcheson returned to the dais.
1.13. 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.
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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.D. 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 Tern 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,
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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 36"H by 48"W. Motion
Councilmember Foat, seconded by Mayor Pro Tom 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 School District, commented on Item 4.A.,
requested the City Council approve Item 2.K., and the Measure J request for the
District.
SOLOMON HUTCHINGS, commented on City's commitment to fund the sewer
improvements for the Arnico Tract in Palm Springs.
TERRY TOWNE, commented on Item 5.A., and requested the City Council approve the
issuance of a Film Permit.
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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 S.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 Tem 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.
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2.6. 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,
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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
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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.
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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.H. 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
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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.b 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
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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.J. 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.
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City Council Minutes
September 4, 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.Q. 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)
14
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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
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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 Tern 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 4.131., would not participate in the discussion or vote, and left
Council Chamber.
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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 Tem Mills.
ABSENT: Councilmember Hutcheson.
Councilmember Hutcheson returned to the dais.
5. NEW BUSINESS:
5.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
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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 Pou net commented on the current State of the City of Palm Springs.
Y 9 Y
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.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
18
CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
i t
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:
1.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."
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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
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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.
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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.
1.C. WHITEWATER SOLAR, LLC FOR 7.76 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.
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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 Tern Mills, seconded by Councilmember Lewin and
unanimously carried on a roll call vote.
1.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.
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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 Tenn 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
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City Council Minutes
July 3, 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 Tem 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.
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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 5.13. 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 2.1.1. 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.
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2.13. 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.D. 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.
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2.G. ACCEPT THE RESIGNATION OF RANDY LOWE FROM THE PARKS
AND RECREATION COMMISSION:
ACTION: 1 Accept with regret the resignationY of Rand 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
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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
I
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
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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 agreement with Marina Landscape, Inc. for the
PP an 9 P
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 Tem 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.
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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 Tem 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 Tenn 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
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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 Tem 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.
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4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
S.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.
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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 Tern 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
Tem 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, at
9:52 p.m. to Wednesday, July 17, 2013, at 6:00 p.m. Council Chamber, City Hall,
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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
18TH DAY OF SEPTEMBER, 2013.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
36
CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
a
SPECIAL MEETING MINUTES
WEDNESDAY, JULY 3, 2013
LARGE CONFERENCE ROOM
CALL TO ORDER: Mayor Pougnet called the special meeting to order at 3:30 p.m.
ROLL CALL:
PRESENT: Councilmember Foat, Councilmember Hutcheson, Councilmember
Lewin, Mayor Pro Tem Mills, and Mayor Pougnet.
ABSENT: None.
ALSO PRESENT: City Clerk Thompson.
1. PUBLIC COMMENT: None.
2. INTERVIEW AND APPOINT APPLICANTS TO THE PLANNING COMMISSION
AS PART OF THE 2013 ANNUAL RECRUITMENT.
ACTION: Appoint Randy Lowe to the Planning Commission for a term ending
June 30, 2016. By unanimous consent of the City Council (5-0).
3. ADJOURNMENT: The City Council adjourned at 4:30 p.m. to the Regular
Meeting, Wednesday, July 3, 2013. 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.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
37