HomeMy WebLinkAbout2013-04-03 CC MINUTESCITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
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MEETING MINUTES
WEDNESDAY, APRIL 3, 2013
CITY HALL COUNCIL CHAMBER
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:08 p.m.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge.
INVOCATION: Rev. Kevin A. Johnson, Bloom in the Desert United Church of Christ, led
the Invocation.
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 and the City Council presented a Certificate of Appreciation to Terry
Tatum, and thanked him for his service to the City.
Mayor Pougnet and the City Council proclaimed April, 2013 as Prevent Child Abuse
Month in the City of Palm Springs.
Mayor Pougnet provided an update on the recent installation of EV charging stations
throughout the City.
Councilmember Foat provided an update on the Palm Springs Animal Shelter
Neighborhood Organization challenge and donations.
Councilmember Lewin provided an update on the CDBG programs.
Councilmember Hutcheson provided an update on the 2013 Palm Springs White Party
events. Mayor Pougnet provided an update on the 2013 PSNIC Picnic, announced the
upcoming Mayor's Race and Wellness Festival and the City's 75th Anniversary
celebration and events.
REPORT OF CLOSED SESSION:
City Attorney Holland stated the meeting was called to order at 4:30 p.m., and the City
Council recessed into Closed Session to discuss items on the posted Closed Session
Agenda. No reportable actions were taken.
City Council Minutes
April 3, 2013
Page 2
ACCEPTANCE OF THE AGENDA:
Mayor Pro Tern Mills noted his abstention on Item 2.13. and requested Items 2.D. and
2.1. be removed from the Consent Calendar for separate discussion.
ACTION: Accept the Agenda as amended. Motion Councilmember Hutcheson,
seconded by Councilmember Lewin and unanimously carried on a roll call vote.
1. PUBLIC HEARINGS:
Councilmember Hutcheson stated he has a property ownership related conflict of
interest with respect to Item 1.A., would not participate in the discussion or the
vote and left Council Chamber.
1.A. APPEAL OF THE PLANNING COMMISSION DECISION BY KEN
SEELEY OF INTERVENTION 911 PERTAINING TO THE USES OF THE
PALM TEE HOTEL AT 1590 EAST PALM CANYON DRIVE AND THE
ALEXANDER APARTMENTS AT 1425 VIA SOLEDAD AS SUBSTANCE
ABUSE RECOVERY CENTERS/ASSISTED LIVING FACILITIES
REQUIRING CONDITIONAL USE PERMITS (CASES 5.1282 / 5.1283):
Ken Lyon, Associate Planner, provided background information as
outlined in the staff report dated April 3, 2013.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
ERIC McLAUGHLIN, Appellant, outlined the services and programs
provided at the facilities, commented on the residents at the facility,
requested the City Council grant the appeal, and read a letter from
Michael's House.
DAVID BARON, Representing Appellant, commented on lack of a
category in the Palm Springs Zoning Code, requested the City Council
take appropriate action to add such a category to the Code.
KEN SEELEY, commented on the process and challenges on obtaining a
CUP for a sober living facility.
ED SCDORIS, commented on the former long-term residents at the Palm
Tee Hotel, and the services provided at the hotel.
MAUREEN FLANNERY, requested reasonable accommodation request
pursuant to Fair Housing laws and the American Disabilities Act.
JASON CAMMISA, commented on the services and programs offered at
the locations for sober living.
City Council Minutes
April 3, 2013
Page 3
YANKEL KREIMAN, requested the City Council grant the appeal, and
commented on the positive impact to the neighborhood.
ANNE SMITH, commented on the programs at the facilities, and
requested the City Council grant the appeal.
DAVID BARON, Rebuttal, commented on the impact to the community,
requested the City Council grant the appeal, and stated the City should
not classify the residents.
No further speakers coming forward the public hearing was closed.
Mayor Pro Tern Mills requested staff address the R-4 usage under the
Building Code and if fire sprinklers are required, and commented on the
lumping of uses in the Zoning Code.
Councilmember Foat commented on the lack of a classification in the
Zoning Code, and commented on the neighborhood concerns.
Councilmember Lewin commented on the zoning as tourist/resort in the
General Plan, and stated City Staff has identified the issues in the Staff
Report.
Mayor Pougnet noted his concurrence with Councilmember Lewin.
Councilmember Mills requested staff address the options, should the City
Council uphold the staff recommendation.
The City Council discussed and/or commented on the following with
respect to the appeal: the procedural action needed with respect to the
CUP, the current operations if the City Council tabled the appeal, study
the uses and services with respect to the Zoning Code, studying the
category, the current operational status of the facilities, the benefits and
determents for requiring a CUP.
ACTION: 1) Adopt Resolution No. 23320, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING
THE APPEAL BY KEN SEELEY OF INTERVENTION 911 AND
UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO
UPHOLD A DETERMINATION MADE BY THE DIRECTOR OF
PLANNING SERVICES THAT USES AT 1590 EAST PALM CANYON
DRIVE AND 1425 VIA SOLEDAD ARE NOT HOTELS (CASES 5.1282 /
5.1283);" and 2) Initiate a Zone Text Amendment for sober living facilities
pursuant to Palm Springs Zoning Code Section 94.07.01(A)(1)(b) and
refer to the Planning Commission. Motion Mayor Pro Tern Mills,
seconded by Mayor Pougnet and carried 4-0 on a roll call vote.
City Council Minutes
April 3, 2013
Page 4
AYES: Councilmember Foat, Councilmember Lewin, Mayor Pro
Tern Mills, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Hutcheson.
Councilmember Hutcheson returned to the dais.
I.B. GARNET SOLAR POWER GENERATION STATION 1, LLC. FOR AN
AMENDMENT TO THE TEXT OF "D" (DESERT) GENERAL PLAN
LAND USE DESIGNATION AND A CONDITIONAL USE PERMIT TO
CONSTRUCT AND OPERATE A 5.0-MEGAWATT SOLAR ENERGY
CONVERSION SYSTEM WITH 17,000 PHOTOVOLTAIC PANELS ON
APPROXIMATELY 39.7 ACRES AT 5400 NORTH INDIAN CANYON
DRIVE (CASE 5.1252):
Edward Robertson, Principal Planner, provided background information as
outlined in the staff report dated April 3, 2013.
Mayor Pro Tern Mills questioned staff on the fence and/or wall and the
proposed materials.
Councilmember Lewin requested staff address the use of landscaping
materials, and the zoning designations.
Mayor Pougnet opened the public hearing, and the following speaker
addressed the City Council.
BILLY OWENS, Applicant, provided information on the proposed fencing,
and presented a written PowerPoint regarding the proposed project.
No further speakers coming forward the public hearing was closed.
Councilmember Hutcheson commented on the current conditions for the
undergrounding of the proposed utility poles.
Mayor Pro Tern Mills commented on the undergrounding of utility poles,
noted the current conditions on the property and requested enhancement
to the current conditions on the property, and requested the Applicant
address the proposed fencing.
Councilmember Lewin commented on the redefinition of uses for the
Desert Zoning Designation.
The City Council discussed the reconfiguration of the landscaping at the
entry, and the fencing conditions.
ACTION: 1) Adopt Resolution No. 23321, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A GENERAL PLAN AMENDMENT TO ALLOW
City Council Minutes
April 3, 2013
Page 5
RENEWABLE ENERGY USES WITHIN THE "D" (DESERT) LAND USE
DESIGNATION OF THE 2007 CITY OF PALM SPRINGS GENERAL
PLAN LAND USE ELEMENT (CASE 5.1252 GPA);" amending the
resolution to read "Renewable energy uses may also be permitted, if
located on an existing mining sites ... ;" and 2) Adopt Resolution No.
23322, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE
DECLARATION AND APPROVING A CONDITIONAL USE PERMIT FOR
THE CONSTRUCTION AND OPERATION OF A 5.0-MEGAWATT SOLAR
ENERGY CONVERSION SYSTEM CONSISTING OF 17,000
PHOTOVOLTAIC PANELS ON APPROXIMATELY 39.7 ACRES OF A
134.3-ACRE SITE LOCATED AT 5400 NORTH INDIAN CANYON DRIVE
(CASE 5.1252);" amending the Conditions of approval as follows: i)
Condition No. PLN10 to read "Mining Operation. This CUP does not
undermine or reduce the land owner's underlying vesting mining rights, " ii)
Condition No. ENG37 modified to require a leasehold estate covenant that
defers undergrounding utilities to the future, iii) amending Condition No.
PLN1 to provide site entry landscaping be submitted and approved by the
AAC and the Planning Commission, and iv) adding conditions of approval
regarding visible fencing on Indian Avenue and existing berm cleanup.
Motion Councilmember Foat, seconded by Mayor Pro Tem Mills and
unanimously carried on a roll call vote.
The City Council recessed at 8:33 p.m.
The City Council reconvened at 8:37 p.m.
PUBLIC COMMENT:
THOMAS WORTHY, read a letter from his insurance company.
WILHELMINA WYNN-CARTER, announced the upcoming Music and Arts event at the
Palm Springs Convention Center, and requested a City sponsorship.
DAVID GRAY, commented on Item 2.D., and requested the City Council approve the
agreement for the Board of Library Trustees.
MICHELLE STRAUSS, commented on the recent pentathlon event held in the City of
Palm Springs.
GRAHAM SUTHERLAND, commented on the recent pentathlon event held in the City
of Palm Springs.
STEVE ROSENBERG, commented on the Downtown Revitalization progress and the
proposed referendum.
COUNCILMEMBER COMMENTS: None.
CITY MANAGER'S REPORT:
City Council Minutes
April 3, 2013
Page 6
City Manager Ready thanked Assistant City Manager Tom Wilson for his service to the
City.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.E., 2.F., 2.G., and 2.H. Motion
Councilmember Lewin, seconded by Mayor Pro Tern Mills 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 April 3, 2013, City
Council Agenda. Approved as part of the Consent Calendar.
2.13. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of March 20, 2013. Approved
as part of the Consent Calendar, noting the abstention of Mayor Pro
Tern Mills.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 23323, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1062052 THE AGGREGATE AMOUNT OF $1,039,239.95,
DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution No. 23324, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL
WARRANTS FOR THE PERIOD ENDED 3-02-13 BY WARRANTS
NUMBERED 418044 THROUGH 418064 TOTALING $37,936.82,
LIABILITY CHECKS NUMBERED 1062053 THROUGH 1062077
TOTALING $122,000.62, FIVE WIRE TRANSFERS FOR $62,370.60 AND
THREE ELECTRONIC ACH DEBITS OF $1,073,374.02 IN THE
AGGREGATE AMOUNT OF $1,295,682.06, DRAWN ON BANK OF
AMERICA;" 3) Adopt Resolution No. 23325, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1062078 THROUGH 1062184 THE AGGREGATE AMOUNT
OF $728,305.01, DRAWN ON BANK OF AMERICA;" 4) Adopt Resolution
No. 23326, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS
AND DEMANDS BY WARRANTS NUMBERED 1062185 THROUGH
1062316 THE AGGREGATE AMOUNT OF $1,555,465.34, DRAWN ON
BANK OF AMERICA;" 5) Adopt Resolution No. 23327, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR
THE PERIOD ENDED 3-16-13 BY WARRANTS NUMBERED 418065
THROUGH 418082 TOTALING $34,331.06, LIABILITY CHECKS
NUMBERED 1062317 THROUGH 1062341 TOTALING $120,402.36,
FIVE WIRE TRANSFERS FOR $39,356.10 AND THREE ELECTRONIC
ACH DEBITS OF $1,012,809.33 IN THE AGGREGATE AMOUNT OF
City Council Minutes
April 3, 2013
Page 7
$1,206,898.85, DRAWN ON BANK OF AMERICA;" and 6) Adopt
Resolution No. 23328, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1062342
THROUGH 1062543 THE AGGREGATE AMOUNT OF $1,138,986.36,
DRAWN ON BANK OF AMERICA." Approved as part of the Consent
Calendar.
2.E. AGREEMENT WITH TERRA NOVA PLANNING AND RESEARCH, INC.
TO UPDATE THE GENERAL PLAN LAND USE ELEMENT NOT TO
EXCEED $8,000:
ACTION: 1) Approve an agreement with Terra Nova Planning and
Research, Inc. to update the General Plan Land Use Element in the
amount of $8,000; and 2) Authorize the City Manager to execute all
necessary documents. A5587. Approved as part of the Consent
Calendar.
2.F. CITY OF PALM SPRINGS 75TH ANNIVERSARY AGREEMENTS:
ACTION: 1) Waive the informal bid requirements pursuant to Title 7 of the
Palm Springs Municipal Code for procurement of goods/services for the
75th Anniversary Event; and 2) Authorize the City Manager to expend
funds and execute all necessary documents for the City's 75th
Anniversary event. Approved as part of the Consent Calendar.
2.G. TREASURER'S INVESTMENT REPORT AS OF FEBRUARY 28, 2013:
ACTION: Receive and file the Treasurer's Investment Report as of
February 28, 2013. Approved as part of the Consent Calendar.
2.H. GENERAL PLAN HOUSING ELEMENT ANNUAL PROGRESS REPORT
FOR THE PERIOD OF JANUARY 1, 2012, THROUGH
DECEMBER 31, 2012:
ACTION: Receive and file the General Plan Annual Housing Element
Progress Report for the period of January 1, 2012, through December 31,
2012. Approved as part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2.D. PROPOSED AGREEMENT WITH GROUP 4 ARCHITECTURE, RESEARCH +
PLANNING, INC. FOR NEEDS ASSESSMENT, AND CONCEPTUAL DESIGN
FOR THE PALM SPRINGS PUBLIC LIBRARY:
Mayor Pro Tern Mills commented on the proposed services and contract, and
requested the City Council ad hoc Library Renovation Subcommittee (Mayor Pro
Tern Mills and Councilmember Lewin) be included in the process.
ACTION: 1) Approve an agreement with Group 4 Architecture, Research +
Planning, Inc., in the amount not to exceed $100,000 for initial needs
assessment, building program phase, design alternatives phase, and conceptual
City Council Minutes
April 3, 2013
Page 8
design recommendations phase; and 2) Authorize the City Manager to execute
all necessary documents, subject to the approval of the City Attorney. A6345.
Motion Mayor Pro Tern Mills, seconded by Councilmember Hutcheson and
unanimously carried on a roll call vote.
2.1. APPROVE A GIFT AGREEMENT WITH KAREN AND TONY BARONE FOR
THE DONATION OF SCULPTURE "R. HERO" TO BE PLACED IN FRONT OF
FIRE STATION NO. 3 LOCATED AT 590 EAST RACQUET CLUB ROAD:
ACTION: 1) Approve a gift agreement for the donation of artwork, from Karen
and Tony Barone for the sculpture "R. HERO" valued at $16,500, in a form
acceptable to the City Attorney; 2) Approve the installation of the sculpture "R.
HERO" at Fire Station No. 3, located at 590 East Racquet Club Road; and 3)
Authorize City Manager to execute all necessary documents. A6346. Motion
Councilmember Lewin, seconded by Councilmember Foat and
unanimously carried on a roll call vote.
3. LEGISLATIVE:
3.A. AMENDMENT TO THE PALM SPRINGS MUNICIPAL CODE RELATING
TO SELECTION OF CONTRACTOR AND ESTABLISHING
REGULATIONS FOR THE GRANT OF SOLID WASTE FRANCHISE
AGREEMENTS:
City Attorney Holland provided background information as outlined in the
staff report dated April 3, 2013.
ACTION: 1) Waive reading of the full text of the ordinance, and adopt
Ordinance No. 1818, "AN URGENCY ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING SECTION 6.04.015 OF THE
PALM SPRINGS MUNICIPAL CODE, RELATING TO THE SELECTION
OF CONTRACTOR AND ESTABLISHING REGULATIONS FOR THE
GRANT OF SOLID WASTE FRANCHISE AGREEMENTS FOR THE CITY
OF PALM SPRINGS;" 2) Waive the reading of the full text of the
ordinance, and introduce on first reading Ordinance No. 1819, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 6.04.015 OF THE PALM SPRINGS MUNICIPAL
CODE, RELATING TO THE SELECTION OF CONTRACTOR AND
ESTABLISHING REGULATIONS FOR THE GRANT OF SOLID WASTE
FRANCHISE AGREEMENTS FOR THE CITY OF PALM SPRINGS."
Motion Councilmember Foat, seconded by Mayor Pro Tem Mills and
unanimously carried on a roll call vote.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
5.A. CREATION OF INCENTIVE ASSISTANCE AGREEMENTS FOR
RESTAURANT/NIGHTCLUB PROJECTS IN THE BUSINESS
IMPROVEMENT DISTRICT AND A PORTION OF SECTION 14 AND
City Council Minutes
April 3, 2013
Page 9
APPROVAL OF AN INCENTIVE ASSISTANCE AGREEMENT WITH
THE COPA ROOM, INC. FOR A NIGHTCLUB LOCATED AT 244 EAST
AMADO ROAD (CASE 5.1289 CUP):
City Manager Ready provided background information as outlined in the
staff report dated April 3, 2013.
ACTION: 1) Authorize the creation of Incentive Assistance Agreements for
Restaurant/Nightclub Projects in the Business Improvement District and
the western half of a portion of Section 14; 2) Approve an Incentive
Assistance Agreement with the Copa Room, Inc. for a 6,000 square foot
nightclub located at 244 East Amado Road in a form acceptable to the
City Attorney (Case 5.1289 CUP); and 3) Authorize the City Manager to
execute all documents related to the Incentive Assistance Agreement.
A6347. Motion Councilmember Hutcheson, seconded by Mayor Pro
Tern Mills and unanimously carried on a roll call vote.
COUNCILMEMBER REPORTS, REQUESTS, AND COMMENTS:
Mayor Pro Tern Mills requested staff address the median landscaping at Vista Chino
and Sunrise, and requested staff address the requirement for fire sprinklers in low
pressure area for minor additions.
Councilmember Hutcheson requested the City Manager bring forward a City Council
discussion on the City's Investment Policy and the formation of a Bicycle Task Force.
Councilmember Lewin requested staff bring forward the requested Public Arts Fees on
solar energy production facilities.
Mayor Pougnet commented on a recent Valley Voice in the Desert Sun regarding the
Downtown Revitalization Project.
ADJOURNMENT: The City Council adjourned at 9:21 p.m. to Wednesday,
April 17, 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
17TH DAY OF APRIL, 2013.
P /f�
STEPH P. POUGNET, MAYOR
ATTEST:
J ES THOMPSON, CITY CLERK