HomeMy WebLinkAbout5/16/2012 - STAFF REPORTS - 2K CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
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MEETING MINUTES
WEDNESDAY, MAY 2, 2012
CITY HALL COUNCIL CHAMBER
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:13 p.m.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge.
INVOCATION: Rabbi Sally Olins, Temple Isaiah, led the Invocation.
ROLL CALL:
PRESENT: Councilmember Hutcheson, Councilmember Lewin,
Councilmember Mills, Mayor Pro Tern Foat, and Mayor Pougnet.
ABSENT: None.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS: Mayor Pougnet and the City Council proclaimed May 2012, as Bike
Month in the City of Palm Springs, and announced the upcoming Bike Month activities.
Mayor Pougnet provided an update on the recent business grand openings and ribbon
cutting anniversary celebrations.
Mayor Pougnet provided an update on the recent Mayors Race and Healthy Planet,
Healthy You Festival and events.
Councilmember Hutcheson and Councilmember Lewin announced the Busch
Clydesdales visit to the City of Palm Springs.
Mayor Pro Tern Foat announced the upcoming Cinco de Bow Wow and Meow event at
the Palm Springs Animal Shelter.
Mayor Pougnet announced the PSMeasureJ.com website, and the Police and Fire
Departments' Appreciation Luncheon.
The City Council received an update on Modernism Week including activities and
tourism impact to the City of Palm Springs.
Mayor Pougnet announced the upcoming Marilyn Forever artwork installation in
Downtown Palm Springs.
ITEM NO. a'V,-
City Council Minutes
May 2,2012
Page 2
REPORT OF CLOSED SESSION: The meeting was called to order at 4:00 p.m., and
the following speakers addressed the City Council on items contained on the posted
Closed Session Agenda.
COLLEEN WALKER, commented on the lease for the Palm Canyon Theatre.
C. LAYNE, commented on the lease for the Palm Canyon Theatre.
LUKE REINEY, commented on the lease for the Palm Canyon Theatre.
City Attorney Holland stated the City Council recessed into Closed Session to discuss
items on the posted Closed Session Agenda. The City Council provided direction to
staff and no reportable actions were taken.
ACCEPTANCE OF THE AGENDA:
Mayor Pougnet requested Item 2.H. be removed from the Consent Calendar for
separate discussion.
Councilmember Hutcheson noted his abstention on Item 2.E., and requested Items 2.1.
and 2.J. be removed from the Consent Calendar for separate discussion.
Mayor Pro Tern Foat noted her business related abstention on Item 2.C. Warrant No.
1055657, and requested Item 2.D. be removed from the Consent Calendar.
Councilmember Mills noted his abstention on Item 2.G. and requested Item 2.J. be
removed from the Consent Calendar for separate discussion.
ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded
by Councilmember Lewin and unanimously carried on a roll call vote.
1. PUBLIC HEARINGS:
1.A. APPEAL OF THE PLANNING COMMISSION DECISION BY GRESHAM
SAVAGE NOLAND & TILDEN REPRESENTING LEND LEASE
CORPORATION AND 7-ELEVEN STORES, INC. REQUESTING A
CONDITIONAL USE PERMIT FOR A CONVENIENCE STORE WITHIN
THE SUN CENTER AT 611 SOUTH PALM CANYON DRIVE (CASE
5.1269 CU):
Appeal withdrawn at the request of the Appellant/Applicant.
I.B. DESIGNATION OF THE DEL MARCOS HOTEL AT 225 W. BARISTO
ROAD AS A CLASS 1 HISTORIC SITE (CASE HSPB 78):
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated May 2, 2012.
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Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
LAURA RAMSTEAD, Applicant, Del Marcos Hotel, stated the owners and
management are in support of the historic designation.
BARBARA MARSHALL, stated her support for the historic nomination and
outlined the historic features of the property.
No further speakers coming forward, the public hearing was closed.
The City Council discussed and/or commented on the property: noted a
correction on the staff report and the owner's support of the designation.
ACTION: Adopt Resolution No. 23128, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DESIGNATING THE PROPERTY LOCATED AT 225 W. BARISTO ROAD
(DEL MARCOS HOTEL) AS A CLASS 1 HISTORIC SITE (CASE HSPB
78)." Motion Councilmember Hutcheson, seconded by Mayor Pro
Tern Foat and unanimously carried on a roll call vote.
PUBLIC COMMENT:
HAROLD BAUMEA, Palm Springs, commented on the heavy traffic and excessive
speed on Via Esquela.
BETTE KING, Palm Springs, announced the upcoming Canada Fest in Palm Springs.
BARBARA HASSON, Palm Springs, announced the upcoming Canada Fest in Palm
Springs.
JANE WARNER, Palm Springs, commented on Prop. 29 on the upcoming primary
election.
JERROLD THOMPSON, commented on the Palm Springs Zoning Code regulations
pertaining to religious institutions.
KEVIN JOHNSON, commented on the Palm Springs Zoning Code regulations
pertaining to religious institutions.
DOROTHY BAILEY, Desert Hot Springs, commented on the Sentinel Power Plant and
mitigation funding.
KRYSTIE ROGERS, commented on Item 4.A., regarding the Sentinel Power Plant and
mitigation funding.
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LORRAINE SALAS, commented on Item 4.A., regarding the Sentinel Power Plant and
mitigation funding.
DAREL PROPST, commented on Item 4.A., regarding the Sentinel Power Plant and
mitigation funding.
TRACY TURNER, commented on Item 4.A., regarding the Sentinel Power Plant and
mitigation funding.
LEW STEWART, commented on Item 4.A., regarding the Sentinel Power Plant and
mitigation funding.
TOM SWANN, commented on Item 4.A., regarding the Sentinel Power Plant and
mitigation funding.
CHRIS WITHAM, Palm Springs, commented on neighborhood theft near Via Olivera
and Code Enforcement issues in his neighborhood.
ROBERT TERRY, commented on Item 4.A., regarding the Sentinel Power Plant and
mitigation funding.
BOB HELBLING, Palm Springs, commented on the proposed ell Parkway and the
proposed bike path.
RICK PANTELE, commented on the recent medical cannabis license to CAPS and
Item 2.J. with respect to medical cannabis cooperatives and collectives.
STEVE MITCHELL, thanked the City Council for issuing a medical cannabis permit to
CAPS.
DAVID GRAY, Palm Springs, commented on Item 4.E. regarding the Welwood Murray
Memorial Library and requested the City Council initiate the program services
components at the Library.
FRANCES KNIGHT, commented on Item 4.C. regarding solar energy production
facilities and projects.
LORRAINE SALAS, commented on Item 4.A., regarding the Sentinel Power Plant and
mitigation funding.
COUNCILMEMBER COMMENTS:
Mayor Pougnet requested staff prepare a resolution of support of !Prop. 29, the PSZC
pertaining to religious institutions, Event House Term Permits, requested additional
information on recent developments on appointees to the Coachella Valley Mosquito
and Vector Control District, requested staff address the conditions, at Orchid Tree Inn,
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advertising trucks parked on city streets, missing and unattended palm trees on Palm
Canyon Drive, and requested the City Manager bring an agenda item forward to name
the Belardo Bridge.
Mayor Pro Tern Foat requested staff bring an item forward on the agenda and prepare
resolution regarding mortgages.
CITY MANAGER'S REPORT: None.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.E., 2.F., 2.G., 2.IK. and 21. Motion
Councilmember Hutcheson, seconded by Councilmember 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 May 2, 2012, City
Council Agenda. Approved as part of the Consent Calendar.
2.13. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of April 13, 2012, and
April 19, 2012. Approved as part of the Consent Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 23129, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1055394 THROUGH 1055519 IN THE AGGREGATE
AMOUNT OF $1,812,009.37, DRAWN ON BANK OF AMERICA;" 2) Adopt
Resolution No. 23130, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF PAYROLL WARRANTS FOR THE PERIOD ENDED 3-31-12 BY
WARRANTS NUMBERED 417338 THROUGH 417364 TOTALING
$43,551.68, LIABILITY CHECKS NUMBERED 1055520 THROUGH
1055544 TOTALING $122,382.70, FIVE WIRE TRANSFERS FOR
$42,581.80, AND THREE ELECTRONIC ACH DEBITS OF $1,027,152.37,
IN THE AGGREGATE AMOUNT OF $1,235,668.55, (DRAWN ON BANK
OF AMERICA;" and 3) Adopt Resolution No. 23131, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1055545 THROUGH 1055687 IN THE AGGREGATE
AMOUNT OF $1,100,278.21, DRAWN ON BANK OF AMERICA."
Approved as part of the Consent Calendar, noting the business
related abstention of Mayor Pro Tern Foat on Warrant No. 1055657.
2.E. SECOND READING AND ADOPTION OF ORDINANCE NO. 1806, TO
CHANGE THE ZONING DESIGNATION OF TWO LOTS AT THE
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NORTHEAST CORNER OF TAHQUITZ CANYON WAY AND SUNRISE
WAY FROM C1-AA (LARGE SCALE RETAIL COMMERCIAL) TO C1
(RETAIL COMMERCIAL):
ACTION: Waive further reading and adopt Ordinance No. 1806, "AN
ORDINANCE OF THE CITY COUNCIL OF PALM SPRINGS,
CALIFORNIA, AMENDING THE ZONING MAP TO CHANGE THE
ZONING DESIGNATION OF AN APPROXIMATELY 1.38-ACRE SITE
(APNS 502 065 008 and 502 065 018) FROM C-I-AA (LARGE SCALE
RETAIL COMMERCIAL) TO C-1 (RETAIL COMMERCIAL), LOCATED AT
THE NORTHEAST CORNER OF TAHQUITZ CANYON WAY AND
SUNRISE WAY." Approved as part of the Consent Calendar, noting
the abstention of Councilmember Hutcheson.
2.F. TREASURER'S INVESTMENT REPORT AS OF MARCH 31, 2012:
ACTION: Receive and file the Treasurer's Investment Report as of
March 31, 2012. Approved as part of the Consent Calendar.
2.G. APPROVAL OF AN AGREEMENT AS TO GRANT OF RIGHT-OF-WAY
AND FUTURE REIMBURSEMENT RELATED TO THE PALM SPRINGS
TENNIS CENTER:
ACTION: 1) Approve an Agreement as to Grant of Right-of-Way and
Future Reimbursement related to the Palm Springs Tennis Center, with
the Palm Springs Unified School District; 2) Authorize the City Clerk to
accept the grant of rights-of-way for Hermosa Drive and Baristo Road from
the District; and 3) Authorize the City Manager to execute all necessary
documents. A6234. Approved as part of the Consent Calendar, noting
the abstention of Councilmember Mills.
2.K. APPROVE AMENDING THE COMPREHENSIVE FEE SCHEDULE FOR
A COMMERCIAL SERVICES FEE FOR AIRPORT BASED AIRLINE
SUPPORT BUSINESSES:
ACTION: Adopt Resolution No. 23133, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ESTABLISHING FEES FOR COMMERCIAL SERVICES AT PALM
SPRINGS INTERNATIONAL AIRPORT AND MODIFYING THE
COMPREHENSIVE FEE SCHEDULE ADOPTED BY RESOLUTION NO.
21578 AS AMENDED." Approved as part of the Consent Calendar.
2.L. PURCHASE AND INSTALLATION OF THREE (3) AUTOMATIC DOORS
AT THE PALM SPRINGS INTERNATIONAL AIRPORT FROM MAGIK
GLASS AND DOOR OF PALM SPRINGS IN THE AMOUNT OF $26,992:
ACTION: Approve the purchase and installation of three (3) new
automatic doors at the Palm Springs International Airport from Magik
Glass and Door of Palm Springs in the amount of $26;992, pursuant to the
terms and conditions of RFQ 2012-04; and 2) Authorize the City Manager
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to execute all necessary documents. Approved as part of the Consent
Calendar.
EXCLUDED CONSENT CALENDAR:
2.D. AGREEMENT WITH R ROBLES PIPELINE LAYING, INC. FOR ROADSIDE
MAINTENANCE SERVICES:
ACTION: 1) Approve an agreement with R Robles Pipeline Laying, Inc. for
roadside maintenance services for three years with two one-year extensions in
an annual amount of $63,652.00; and 2) Authorize the City Manager to execute
all necessary documents. A6233. Motion Councilmember Mills, seconded by
Councilmember Hutcheson and carried 4-1 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Lewin,
Councilmember Mills, and Mayor Pougnet.
NOES: Mayor Pro Tern Foat.
2.H. ESTABLISHMENT OF A NEW CAPITAL PROJECT FUND TO BE NAMED THE
MEASURE J FUND:
ACTION: Adopt Resolution No. 23132, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING
THE ESTABLISHMENT OF A NEW CAPITAL PROJECTS FUND TO BE
CALLED THE MEASURE J FUND, AND AUTHORIZING THE DIRECTOR OF
FINANCE TO CREATE THE APPROPRIATE ACTIVITIES (COST CENTERS)
AND ACCOUNT NUMBERS." Motion Mayor Pro Tern Foat, seconded by
Councilmember Mills and unanimously carried on a roll call vote.
2.1. AGREEMENT WITH PAVEMENT COATINGS CO. FOR THE FISCAL YEAR
2011-12 ANNUAL SLURRY SEAL IN THE AMOUNT OF $581,310.76 FOR BID
SCHEDULES A AND B (CP 11-05):
ACTION: 1) Approve an agreement with Pavement Coatings Co., for the 2011-
12 Annual Slurry Seal in the amount of $581,310.76 for Bid Schedules A and B
(CP 11-05); and 2) Authorize the City Manager to execute all necessary
documents. A6235. Motion Councilmember Hutcheson, seconded by
Councilmember Mills and unanimously carried on a roll call vote.
2.J. INITIATE DRAFT ZONE TEXT AMENDMENT AMENDING SUBSECTION F OF
SECTION 93.23.15 OF THE PALM SPRINGS ZONING CODE INCREASING
THE NUMBER OF PERMITTED MEDICAL CANNABIS COOPERATIVES AND
COLLECTIVES ALLOWED IN THE CITY FROM 3 TO 4 AND REFER SUCH
AMENDMENT TO THE PLANNING COMMISSION:
The City Council commented and/or discussed the following with respect to the
proposed ordinance: requested staff address separation of sensitive uses, lack of
information and audits on the current cooperatives, possibility of including a sales
tax on medical cannabis, risky elements that may be associated with medical
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cannabis, rules that prohibit a concentration of medical cannabis in one area, the
services to the City of Palm Springs, and the City of Palm Springs is the only City
in the Coachella Valley that allows medical cannabis.
ACTION: 1) Initiate a zone text amendment pursuant to Palm Springs Zoning
Code Section 94.07.01.a.1.b to study and amend Section 93.23.15 of the Palm
Springs Zoning Code relating to medical cannabis cooperatives and collectives;
and 2) Refer the ordinance to the Palm Springs Planning Commission. Motion
Mayor Pro Tern Foat, seconded by Councilmember Lewin and carried 3-1
on a roll call vote.
AYES: Councilmember Lewin, Mayor Pro Tern Foat, and Mayor Pougnet.
NOES: Councilmember Mills.
ABSTAIN: Councilmember Hutcheson.
3. LEGISLATIVE:
3.A. PROPOSED ORDINANCE INCREASING THE NUMBER OF MEMBERS
ON THE MEASURE "J" OVERSIGHT COMMISSION TO NINE
MEMBERS AND TWO ALTERNATE MEMBERS:
City Clerk Thompson provided background information as outlined in the
staff report dated May 2, 2012.
The City Council discussed and/or commented on the following with
respect to the proposed ordinance: consider appointing the 10-members
on the Post Interview List to the Commission with the alternate being
determined by random lot, each Councilmember to provide to the City
Clerk a name for consideration for the second alternate, amending the
ordinance to provide that an alternate may vote if a primary member is
absent or unable to vote, and a quorum consisting of five members.
ACTION: Waive the reading of the full text of the Ordinance, and
introduce by title Ordinance No. 1807, "AN ORDINANCE OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 2.59.010
AND 2.59.020 OF THE PALM SPRINGS MUNICIPAL CODE,
INCREASING THE NUMBER OF MEMBERS ON THE MEASURE "J"
OVERSIGHT COMMISSION TO NINE AND TWO ALTERNATE
MEMBERS" amending the Ordinance to provide that alternate members
may vote on subcommittees they are appointed to and alternate members
may vote if the full nine primary members are unable to vote. Motion
Mayor Pro Tern Foat, seconded by Councilmember Mills and
unanimously carried on a roll call vote.
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4. UNFINISHED BUSINESS:
4.A. PROGRESS REPORT AND UPDATE FROM THE CITY COUNCIL
MUSEUM MARKET PLAZA PROJECT AD HOC SUBCOMMITTEE:
Mayor Pougnet provided a brief report on the progress and status of the
Museum Market Plaza Project.
No action taken.
4.13. AMENDMENT AND TRANSMITTAL OF RECOGNIZED OBLIGATIONS
PAYMENT SCHEDULE (ROPS) PURSUANT TO SECTION 34169(g)(1)
OF THE CALIFORNIA HEALTH & SAFETY CODE:
John Raymond, Director of Community and Economic Development,
provided background information as outlined in the staff report dated
May 2, 2012,
ACTION: Adopt Resolution No. 23134, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING
SOLELY IN ITS CAPACITY AS THE SUCCESSOR AGENCY TO THE
PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY
AUTHORIZING THE APPROVAL AND TRANSMITTAL OF A
RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (ROPS)
PURSUANT TO AB X1 26." Motion Mayor Pro Tern Foat, seconded by
Councilmember Lewin and unanimously carried on a roll call vote.
4.C. PUBLIC ART FEES FOR LARGE SOLAR ENERGY PRODUCTION
FACILITIES AND PROJECTS:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated May 2, 2012.
The City Council discussed and/or commented on the following with
respect to fees for solar energy production facilities: the allowed areas per
the zoning regulations of solar facilities, property tax payments and other
exemptions to taxation and fees for solar energy facilities, and the
acreage-based calculation method at an increase per acre.
ACTION: Direct staff to prepare a resolution amending the comprehensive
fee schedule for large solar energy production facilities and projects on the
acreage-based calculation method at $4,000 per acre. Motion
Councilmember Lewin, seconded by Councilmember Mills and
carried 4-1 on a roll call vote.
AYES: Councilmember Lewin, Councilmember Mills, Mayor Pro
Tern Foat, and Mayor Pougnet.
NOES: Councilmember Hutcheson.
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Councilmember Hutcheson and Councilmember Mills stated they have a property
ownership conflict of interest with respect to Item 4.D., would not participate in
the discussion or the vote, and left Council Chamber.
4.D. DISCUSSION OF POTENTIAL PROJECTS FOR THE AIR QUALITY
MANAGEMENT DISTRICT (AQMD) GRANT APPLICATION FOR THE
SENTINEL POWER PLANT MITIGATION FUNDING:
David Barakian, City Engineer, provided background information as
outlined in the staff report dated May 2, 2012.
The City Council discussed and/or commented on the following: doubling
the amount of funding for residential solar and residential cool roof
coating, adding commercial component to the solar and roof coating
programs, matching grant requirements, the priority of projects, projects
that meet the criteria of the grant requirements, and matching funds for
residential solar, perhaps as a "means" test, and a 50% match for cool
roof coating.
ACTION: Identify the final list of projects to submit to AQMD: 1) Desert
Highland Center; 2) Fire Station No. 3; 3) Train Station; 4) Visitor Center;
5) Residential Solar at $2,500,000 including an owner match to qualify
based on a "means" test including assets and income; and 6) Residential
Cool Roof Coating, including a 50% owner match to qualify, at
$2,500,000. Motion Councilmember Lewin, seconded by Mayor Pro
Tern Foat and unanimously carried 3-0 on a roll call vote.
AYES: Councilmember Lewin, Mayor Pro Tern Foat, and Mayor
Pougnet.
NOES: None.
ABSENT: Councilmember Hutcheson and Councilmember Mills.
Councilmember Hutcheson and Councilmember Mills returned to the dais.
4.E. WELWOOD MURRAY MEMORIAL REFERENCE LIBRARY AND GIFT
SHOP PROJECT:
Tom Wilson, Assistant City Manager, provided background information as
outlined in the staff report dated May 2, 2012.
Mayor Pougnet requested the City Staff request the Library Board to
provide funding, and stated under the concepts provided by City Staff a
lead organization needs to take charge of the facility.
ACTION: Direct staff to proceed with the renovation process and initiate
the program service components of the Welwood Murray Memorial
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Library. Motion Councilmember Mills, seconded by Mayor Pro Tern
Foat and unanimously carried on a roll call vote.
5. NEW BUSINESS:
5.A. PRESENTATION AND DISCUSSION OF THE DRAFT FISCAL YEAR
2012-13 BUDGET INCLUDING GENERAL FUND SPECIAL EVENTS,
ENTERPRISE FUNDS, SUCCESSOR AGENCY FOR THE COMMUNITY
REDEVELOPMENT AGENCY, SPECIAL REVENUE FUNDS, AND
INTERNAL SERVICE FUNDS:
City Manager Ready and Geoffrey Kiehl, Director of Finance, provided
background information as outlined in the staff report dated May 2, 2012.
The City Council discussed and/or commented on the following with
respect to the budget: elimination of the Marine Band Concert, September
11th and Magic of Christmas special events, the priority of Capital Projects
proposed from General Fund Balance, ensuring the Street Sweeper
included in the Airport Capital Projects is CNG fueled per policy, Airport
Administration costs, and the costs associated with some of the
Sustainability Programs.
No action taken.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Mills requested staff review large building murals as part of the Palm
Springs Zoning Code, and stated perhaps the murals, may in some cases, be treated as
public art and not as signage.
Mayor Pougnet requested our thoughts go to Diane Marantz and noted Shelly
Saunders' upcoming birthday celebration.
ADJOURNMENT: The City Council adjourned at 9:34 p.m. to the Regular Meeting
Wednesday, May 16, 2012, 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
16T" DAY OF MAY, 2012.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
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CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
(a
MEETING MINUTES
WEDNESDAY, APRIL 18, 2012
CITY HALL COUNCIL CHAMBER
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:08 p.m.
PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard, led the
Pledge.
INVOCATION: Rev. Judith Doyle, Religious Minister, led the Invocation.
ROLL CALL:
PRESENT: Councilmember Hutcheson, Councilmember Lewin,
Councilmember Mills, Mayor Pro Tern Foat, 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 Barbara Roberts, Director of Library Services, for her service to the City.
Mayor Pougnet and the City Council proclaimed May, 2012 as DMV Donate Life Month
in the City of Palm Springs.
Mayor Pougnet and the City Council proclaimed May, 2012 as Mental Health Month in
the City of Palm Springs.
Fire Chief Ventura announced the Fire Department promotion and the 2012 Firefighter
of the year award.
Tom Flavan, CVEP, provided an update on the activities of CVEP.
Mayor Pougnet announced new businesses opening in Uptown Palm Springs, an
update on PSMeasureJ.com, the events for the upcoming 2012 Mayor's Race, Earth
Day Fest 2012, and the upcoming 2012 Digicom.
REPORT OF CLOSED SESSION: City Attorney Holland stated the meeting was called
to order at 4:00 p.m. and the City Council recessed into Closed Session to discuss
items on the posted Closed Session Agenda. No reportable actions were taken.
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ACCEPTANCE OF THE AGENDA:
City Clerk Thompson requested the City Council table Item 4.C. to the May 2, 2012, City
Council meeting.
Councilmember Lewin requested Item 2.D. be removed from the Consent Calendar for
separate discussion.
Councilmember Mills requested Item 2.C. be removed from the Consent Calendar for
separate discussion.
ACTION: Accept the Agenda as amended. Motion Councilmember Hutcheson,
seconded by Mayor Pro Tem Foat and unanimously carried on a roll call vote.
1. PUBLIC HEARINGS:
1.A. PROPOSITION 218 MAJORITY PROTEST HEARING ON THE MATTER
OF INCREASING SEWER SERVICE RATES:
Marcus Fuller, Assistant Public Works Director, provided background
information as outlined in the staff report dated April 18, 2012.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
DONALD RICHROATH, Palm Springs, requested the City Council review
other funding sources for the sewer improvements as opposed to rate
increases.
TIM RADIGAN-BROPHY, requested the City Council review and fix rates
in proportion to sewer rate increases with a tiered system.
No further speakers coming forward, the public hearing was closed.
City Clerk Thompson reported the results of the protest proceedings as
follows: 26,630 parcels, 62 protest received, and stated as such a majority
protest does not exist, and the City Council may proceed with the rate
increase by the adoption of the resolution.
The City Council discussed and/or commented on the following: the last
charge increase, the rate as compared with other cities in the state, the
multi-family or a tiered rate, the process for a connection fee, tier the rate
in the 6th year, odor elimination by the capital improvement plan, and the
specifics of the rate increase.
ACTION: Adopt Resolution No. 23120, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
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APPROVING INCREASED SEWER SERVICE CHARGES EFFECTIVE
JULY 1, 2012;" amending Exhibit A to correct the 2012 rate for septage
dumping fee outside of the City limits to $81.08. Motion Mayor Pro Tern
Foat, seconded by Councilmember Mills and unaniimously carried on
a roll call vote.
I.B. APPEAL OF THE PLANNING COMMISSION DECISION BY BEST
SIGNS, INC. REPRESENTING LUNDIN DEVELOPMENT REQUESTING
A SIGN PROGRAM AMENDMENT TO ALLOW ADDITIONAL TENANT
IDENTIFICATION ON THE EXISTING MONUMENT SIGNS AT THE
RALPHS CVS PHARMACY SHOPPING CENTER LOCATED AT 425
SOUTH SUNRISE WAY (CASE SP 06-084):
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated April 18, 2012.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
GREG BEVER, Lundin Development Co., provided historical information
on the development and the challenges due to the parcel shape, size, and
location, and requested the City Council approve the sign program.
JESSE CROSS, Best Signs, noted the process and discussion with the
Architectural Advisory Committee and the Planning Commission,
commented on the challenges due to the parcel characteristics, and
requested the City Council approve the sign program.
RICK DIODATI, noted the challenges to local businesses in the
development due to the lack of signage.
GRACE OCASIO, noted the challenges to local businesses in the
development due to the lack of signage.
GREG BEVER, Rebuttal, stated the request does not add any additional
square footage, and requested the City Council approve the sign program.
No further speakers coming forward, the public hearing was closed.
Mayor Pro Tern Foat requested the developer address the selection of
businesses included on the sign, and requested staff address the
purported controversy over the existing sign.
Councilmember Mills requested staff address the size of the proposed
signs, if a sign program allows for modification of the anchor sign,
provided some history of the development of the site, commented on the
lack of street exposure at the development, and stated his support for a
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City Council Minutes
April 18,2012
Page 4
modification, but requested the City Council consider that if a store has
street frontage they not be allowed on the monument sign, and requested
the City Council require a higher quality of sign and better detailed sign.
Councilmember Hutcheson stated his support for additional exposure for
those businesses that do not have street frontage.
Mayor Pougnet stated his support for the proposed sign program, noted
some issues due to the street frontage, but would request the developer
be allowed to determine the businesses that are placed on the sign.
Mayor Pro Tern Foat stated her support for a requirement for a higher
quality sign, stated the businesses that have street frontage should not be
placed on the sign, supported some restrictions on the placement of logos
on the signage, and requested staff address the Sunrise exit and the
placement of the median.
Councilmember Lewin stated his support for a higher quality sign, and
stated the City should not dictate who can be placed on the sign.
Councilmember Mills requested the City Council consider granting the
appeal, stated the proposed signs should not be limited to 50 square feet,
each tenant sign shall be individually identified, Architectural Advisory
Committee to review the quality of sign with final approval by the Planning
Commission.
Mayor Pougnet stated he would not be in favor of Councilmember Mills'
proposal only due to the fact that he feels the City should not dictate who
should be allowed to advertise on the proposed signs.
ACTION: 1) Overturn the decision of the Planning Commission and grant
the appeal by allowing two monument signs as follows: i) monument signs
may be larger than fifty square feet in size per side for a better quality
design, ii) each tenant sign shall be individually identified and not be a
placard-type sign, iii) only tenants without street frontage shall be allowed
on the monument signs, and iv) the design of the monument signs shall be
reviewed by the Architectural Advisory Committee with final approval by
the Planning Commission. Motion Councilmember Mills, seconded by
Mayor Pro Tern Foat and carried 4-1 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Lewin,
Councilmember Mills, and Mayor Pro Tem Foat.
NOES: Mayor Pougnet.
1.C. PROPOSED ISSUANCE OF TAX-EXEMPT MOBILE HOME PARK
REVENUE BONDS BY THE INDEPENDENT CITIES FINANCE
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City Council Minutes
April 18,2012
Page 5
AUTHORITY NOT TO EXCEED $15,500,000 AGGREGATE PRINCIPAL
AMOUNT FOR THE BENEFIT OF THE MILLENNIUM HOUSING LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY FOR THE ACQUISITION
AND RENOVATION OF A 254-SPACE MOBILE HOME PARK KNOWN
AS THE SAHARA MOBILE HOME PARK AT 1955 SOUTH CAMINO
REAL:
John Raymond, Director of Community and Economic Development,
provided background information as outlined in the staff report dated
April 18, 2012.
Mayor Pougnet opened the public hearing, and no further speakers
coming forward the public hearing was closed.
ACTION: 1) Adopt Resolution No. 23121, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING, AUTHORIZING, AND DIRECTING EXECUTION OF AN
ASSOCIATE MEMBERSHIP AGREEMENT WITH THE INDEPENDENT
CITIES FINANCE AUTHORITY AND APPROVING THE ISSUANCE OF
BONDS BY THE AUTHORITY WITH RESPECT TO THE SAHARA
MOBILE HOME PARK AT 1955 SOUTH CAMINO REAL;" 2) Adopt
Resolution No. 23122, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING,
AUTHORIZING, AND DIRECTING EXECUTION OF A RELEASE OF
REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE
COVENANTS WITH MILLENNIUM HOUSING CORPORATION FOR THE
REFINANCING OF A 254-SPACE MOBILE HOME PARK KNOWN AS
SAHARA MOBILE HOME PARK AT 1955 SOUTH CAMINO REAL;" 3)
Adopt Resolution No. 23123, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN
ITS CAPACITY AS HOUSING SUCCESSOR AGENCY, APPROVING,
AUTHORIZING, AND DIRECTING EXECUTION OF AN ASSIGNMENT
AND ASSUMPTION AGREEMENT BY AND AMONG MILLENNIUM
HOUSING CORPORATION, (THE "ASSIGNOR") AND MILLENNIUM
HOUSING LLC, WITH RESPECT TO CERTAIN LOANS PREVIOUSLY
MADE BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS TO ASSIST IN FINANCING THE
REHABILITATION OF THE SAHARA MOBILE HOME PARK AT 1955
SOUTH CAMINO REAL;" 4) Adopt Resolution No. 23124, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS CAPACITY AS
HOUSING SUCCESSOR AGENCY, APPROVING, AUTHORIZING, AND
DIRECTING EXECUTION OF A SUBORDINATION AGREEMENT WITH
UNION BANK WITH RESPECT TO CERTAIN LOANS PREVIOUSLY
MADE BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS TO ASSIST IN FINANCING THE
REHABILITATION OF THE SAHARA MOBILE HOME PARK;" and 5)
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City Council Minutes
April 18,2012
Page 6
Authorize the City Manager to execute all necessary documents. A6230.
Motion Councilmember Hutcheson, seconded by Mayor Pro Tern
Foat and unanimously carried on a roll call vote.
PUBLIC COMMENT:
DAVID GRAY, Palm Springs, requested the City Council support Item 2.B. regarding
the purchase of equipment for the Palm Springs Library.
RICHARD CAMPBELL, Palm Springs, commented on Earth Day and the cleanup OF a
local parcel, and commented on the maintenance issues at Whispering Palms
Apartments and commencement of a Neighborhood Watch Group.
NANCY STUART, provided a report on the activities at the Palm Springs Aerial
Tramway.
CRAIG SYKES, Palm Springs, commented on the safety issues at Whispering Palms
Apartments.
JIM STUART, commented on problems with medical cannabis store fronts.
ROBERT ANZOVINO, Palm Springs, commented on litigation he currently has with the
City.
MATTHEW BOUSQUETTE, Palm Springs, stated he has been a crime victim seven
times in the City of Palm Springs and requested the City Council address solving of
crimes, requested the City Council remove the trailer on the Port Lawrence
development site, and commented on the Measure "J" Oversight Commission and the
need to assist other property owners Downtown.
STEVE ROSENBERG, Palm Springs, commented on the preliminary Fiscal Year
2012-13 Budget, noted the success and growth at the Palm Springs International
Airport, requested the City Council consider the restoration of full-time hours of the City
staff.
JERRY JOHNSON, requested the City Council support Item 2.C. regarding VIP Motor
Cars.
COUNCILMEMBER COMMENTS:
Mayor Pougnet requested staff address the removal of the trailer at the Port Lawrence
site, and commented on the selection process for the Measure "J" Oversight
Commission.
CITY MANAGER'S REPORT: None.
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City Council Minutes
April 18,2012
Page 7
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A. and 2.6. Motion Councilmember Mills,
seconded by Mayor Pro Tern Foat 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 18, 2012,
City Council Agenda. Approved as part of the Consent Calendar.
2.13. AGREEMENT WITH MK SORTING SYSTEMS FOR THE PURCHASE
AND INSTALLATION OF AN AUTOMATED MATERIALS HANDLING
SYSTEM AND COMPLETION OF THE RADIO FREQUENCY
IDENTIFICATION SYSTEM FOR ALL LIBRARY MATERIALS:
ACTION: 1) Approve an agreement with mk Sorting Systems for the
purchase and installation of an automated materials handling system and
the completion of the radio frequency material identification system in the
amount of $359,201.19; and 2) Authorize the City Manager to execute all
necessary documents. A6231. Approved as part of the Consent
Calendar.
EXCLUDED CONSENT CALENDAR:
2.C. VIP MOTORCARS REQUESTING APPROVAL OF A SPECIAL SIGN
DISTRICT TO FACILITATE EXISTING AND FUTURE SIGNAGE FOR THE
FOUR AUTOMOBILE DEALERSHIPS LOCATED AT THE SOUTHWEST
CORNER OF EAST PALM CANYON DRIVE AND CHEROKEE WAY (CASE
NO. SP 10-007):
Councilmember Mills requested the City Council consider a minor amendment to
the program, and requested the Mercedes-Benz sign be required to be on a
curved surface.
ACTION: Adopt Resolution No. 23125, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A
SPECIAL SIGN DISTRICT TO FACILITATE EXISTING AND PROPOSED
SIGNAGE FOR THE FOUR AUTOMOBILE DEALERSHIPS LOCATED AT 3737,
3919, 4057 AND 4095 EAST PALM CANYON DRIVE." Motion Mayor Pro Tern
Foat, seconded by Councilmember Hutcheson and unanimously carried on
a roll call vote.
2.D. APPLICATION FOR CALTRANS BICYCLE TRANSPORTATION ACCOUNT
(BTA) GRANT FUNDS AND ALLOCATION OF MATCHING FUNDING IN AN
AMOUNT NOT TO EXCEED $50,000:
Councilmember Lewin thanked staff for the work necessary to obtain the grants.
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City Council Minutes
April 18,2012
Page 8
ACTION: 1) Adopt Resolution No. 23126, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN SUPPORT OF
APPROVING SUBMISSION OF A CALTRANS BICYCLE TRANSPORTATION
ACCOUNT (BTA) GRANT APPLICATION, NOTICE OF EXEMPTION, AND
ALLOCATION OF TEN PERCENT (10%) OF THE PROJECT COST AS
MATCHING FUND;" and 2) Authorize the City Manager to execute all necessary
documents. A6232. Motion Councilmember Mills, seconded by Mayor
Pougnet and unanimously carried on a roll call vote.
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS:
4.A. APPROVE AN AMENDMENT TO THE PROJECT FINANCING
AGREEMENT WITH PALM SPRINGS PROMENADE, LLC TO PROVIDE
FOR THE SIMULTANEOUS CLOSING WITH THE CITY OF PALM
SPRINGS 2012 LEASE REVENUE BONDS FOR THE
REDEVELOPMENT OF CERTAIN REAL PROPERTY AT 123 NORTH
PALM CANYON DRIVE:
City Attorney Holland provided background information as outlined in the
staff report dated April 18, 2012.
ACTION: 1) Approve Amendment No. 1 to the. Project Financing
Agreement No. A6144 with Palm Springs Promenade, LLC to provide for
the simultaneous closing with the City of Palm Springs 2012 Lease
Revenue Bonds; and 2) Authorize the City Manager to execute all
documents to effectuate the Amendment. A6144. Motion
Councilmember Mills, seconded by Mayor Pougnet and unanimously
carried on a roll call vote.
4.13. AWARD A MEDICAL CANNABIS COLLECTIVE/COOPERATIVE
PERMIT TO CAPS COLLECTIVE APOTHECARY, INC. LOCATED AT
4050 AIRPORT CENTER DRIVE (CASE NO. 09-003MC):
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated April 18, 2012.
Councilmember Mills requested staff address the process regarding an
operator's compliance with the ordinance.
ACTION: Adopt Resolution No. 23127, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A MEDICAL CANNABIS COLLECTIVE/COOPERATIVE
PERMIT TO CAPS COLLECTIVE APOTHECARY, INC., AT 4050
AIRPORT CENTER DRIVE, SUITE C (CASE NO. 09-003MC). Motion
Mayor Pro Tem Foat, seconded by Mayor Pougnet and carried 4-1 on
a roll call vote.
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City Council Minutes
Apol 18,2012
Page 9
AYES: Councilmember Hutcheson, Councilmember Lewin, Mayor
Pro Tern Foat, and Mayor Pougnet.
NOES: Councilmember Mills.
4.C. REVIEW DRAFT ORDINANCES AND INITIATE A ZONE TEXT
AMENDMENT TO AMEND SECTION 93.23.15 OF THE PALM SPRINGS
ZONING CODE RELATING TO MEDICAL CANNABIS COOPERATIVES
AND COLLECTIVES:
Item tabled with no discussion or action taken.
5. NEW BUSINESS:
5.A. PRESENTATION AND DISCUSSION OF THE PRELIMINARY FISCAL
YEAR 2012-13 GENERAL FUND BUDGET AND FISCAL YEAR 2011-12
3RD QUARTER UPDATE:
Geoffrey Kiehl, Director of Finance, presented the 2012-13 General Fund
Budget and provided an update on the 3rd Quarter of Fiscal Year
2011-12.
No action taken.
5.13. PUBLIC ART FEES FOR LARGE SOLAR ENERGY PRODUCTION
FACILITIES AND PROJECTS:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated April 18, 2012.
The City Council discussed and/or commented on the following with
respect to Public Art fees for large solar energy production facilities and
projects: comparable Public Art fee for wind energy, fee as calculated is
not sufficient to cover costs, increasing the fee using some other
calculation, and amount of opportunity costs for the large use of the land,
and fee based on the area of the solar panels.
No action taken.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Mayor Pougnet announced the upcoming Mayor's Wellness Race.
ADJOURNMENT: The City Council adjourned at 8:48 p.m. to Thursday, April 19, 2012,
at 9:00 a.m. Large Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm
Springs. The next regular meeting of the City Council will be held on Wednesday,
May 2, 2012, at 6:00 p.m., Council Chamber, 3200 East Tahquitz Canyon Way, Palm
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City Council Minutes
April 18,2012
Page 10
Springs, 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
16T" DAY OF MAY, 2012.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
21
CITY COUNCIL
FINANCING AUTHORITY
CITY OF PALM SPRINGS, CALIFORNIA
a
4[I�OFh�1
MEETING MINUTES
WEDNESDAY, APRIL 11, 2012
CITY HALL COUNCIL CHAMBER
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:11 p.m.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge.
INVOCATION: Father Robert A. Finamore, Retired, St. Theresa Church, led the
Invocation.
ROLL CALL:
PRESENT: Councilmember Hutcheson, Councilmember Lewin,
Councilmember Mills, Mayor Pro Tern Foat, and! Mayor Pougnet.
ABSENT: None.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS: Mayor Pougnet and the City Council proclaimed the month of April,
2012 as Child Abuse Prevention Month in the City of Palm Springs.
Mayor Pougnet and the City Council proclaimed the week of April 9 to 14, 2012, as
Community Development Week in the City of Palm Springs.
Mayor Pougnet and the City Council recognized Mickey Shepherd for his Senior
Inspiration Award.
Michele Mician, Sustainability Manager, announced the City was awarded the Energy
All Star Award from The Center for Sustainable Energy.
Councilmember Lewin and Councilmember Mills provided an update on the recent
PSNIC Annual Picnic.
Mayor Pro Tern Foat provided an update on the recent Dinah Shore Weekend in the
City of Palm Springs.
Councilmember Hutcheson and Councilmember Lewin provided an update on the
recent White Party events in the City of Palm Springs.
22
City Council Minutes
April 11,2012
Page 2
Mayor Pougnet announced the upcoming Mayor's Race events and, activities, provided
an update on the Desert Fashion Plaza, the Measure "J" Oversight Commission
Interviews and PSMeasureJ.com.
Palm Springs Resorts presented the City Council with an update on the events planned
by the non-profit agency, including the proposed Marilyn Forever display public artwork
installation in Downtown Palm Springs.
REPORT OF CLOSED SESSION: City Attorney Holland stated the meeting was called
to order at 4:00 p.m. and the City Council recessed into Closed 'Session to discuss
items on the posted Closed Session Agenda. No reportable actions were taken.
ACCEPTANCE OF THE AGENDA:
Mayor Pro Tern Foat noted her abstention on Item 2.C. Warrant No. 1055114 and
requested Item 21. be removed from the Consent Calendar for separate discussion.
Councilmember Mills requested Item 2.E. be removed from the Consent Calendar for
separate vote.
Councilmember Hutcheson requested Item 2.M. be removed from the Consent
Calendar for separate discussion.
ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded
by Councilmember Hutcheson and unanimously carried on a roll call vote.
1. PUBLIC HEARINGS:
Mayor Pro Tern Foat stated she has a conflict of interest with respect to
Item 1.A., would not participate in the discussion or the vote, and left Council
Chamber.
1.A. 38TH PROGRAM YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT 2012-13 ANNUAL ACTION PLAN AND CDBG BUDGET
APPROVAL, AUTHORIZATION TO SUBMIT TO THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GRANT
NO. B-12-MC-06-0561 IN THE AMOUNT OF $311,205 AND
APPROVING SUBRECIPIENT AGREEMENTS:
Dale Cook, Community and Economic Development Administrator,
provided background information as outlined in the staff report dated
April 11, 2012.
Mayor Pougnet opened the public hearing, and no speakers coming
forward the public hearing was closed.
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City Council Minutes
April 11,2012
Page 3
ACTION: 1) Adopt Resolution No. 23107, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING THE 2012-13 COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) ANNUAL ACTION PLAN, APPROVING THE
COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET FOR FISCAL
YEAR 2012-13, AUTHORIZING THE SUBMITTAL OF THE PLAN AND
BUDGET TO THE UNITED STATES DEPARTMENT OF HOUSING &
URBAN DEVELOPMENT (HUD), AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE APPROVAL/AGREEMENT WITH HUD
(GRANT NO. B-12-MC-06-0561) IN THE AMOUNT OF $311,205 AND
THE SUBRECIPIENT AGREEMENTS;" 2) Adopt Resolution No. 23108,
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR
2011-12 TO TRANSFER ADDITIONAL FUNDING FOR THE HOME
REPAIR PROGRAM RELATING TO COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDING;" and 3) Approve the following Subrecipient
Agreements and City Departments' Memoranda of Understanding in a
form acceptable to the City Attorney, and authorize the City Manager to
execute all necessary documents. A5814.
City of Palm Springs Department of Public Works and Engineering
Arnico Tract Sewer Improvements $145,689 A6217
Desert AIDS Project
Energy-Efficiency Roofing Upgrade $85,000 A6218
City of Palm Springs Department of Parks and Recreation
James 0. Jessie Desert Highland Unity Center
Parking Lot Improvements $98,635 A6219
Mizell Senior Center
Office and Energy Efficiency Upgrades $21,000 A6220
Independent Living Partnership
TRIP Volunteer Driver Program $15,561 A6221
Fair Housing Council of Riverside
Fair Housing Services $15,560 A6222
AIDS Assistance Program
Home Bound Grocery Delivery Program $15,560 A6223
City of Palm Springs Department of Community & Economic Development
Home Repair Program $18,233 A6224
24
City Council Minutes
April 11,2012
Page 4
Motion Councilmember Mills, seconded by Councilmember
Hutcheson and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Lewin,
Councilmember Mills, and Mayor Pougnet.
NOES: None.
ABSENT: Mayor Pro Tern Foat.
Mayor Pro Tern Foat returned to the dais.
1.13 JOINT PUBLIC HEARING ITEM OF THE CITY COUNCIL AND THE
FINANCING AUTHORITY PROPOSED ISSUANCE OF THE 2012
LEASE REVENUE BONDS (DOWNTOWN REVITALIZATION
PROJECT):
Suzanne Harrell, City's Financial Consultant, and John Kim, De La Rosa
and Company, Bond Underwriters, provided background information as
outlined in the staff report dated April 11, 2012.
Mayor Pougnet opened the public hearing and the following speaker
addressed the City Council.
STEVE ROSENBERG, Palm Springs, stated the bold plan is ready to
move forward and stated his support for the issuance of the bonds.
No further speakers coming forward, the public hearing was closed.
ACTION: (CITY COUNCIL) 1) Adopt Resolution No. 23109, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING SITE LEASE AND LEASE
AGREEMENT IN CONNECTION WITH THE ISSUANCE OF THE CITY
OF PALM SPRINGS FINANCING AUTHORITY LEASE REVENUE
BONDS, 2012 SERIES B (DOWNTOWN REVITALIZATION PROJECT)
NOT TO EXCEED $47 MILLION, APPROVING SALE OF SUCH BONDS
AND OFFICIAL STATEMENT AND PROVIDING OTHER MATTERS
PROPERLY RELATING THERETO." Motion Mayor Pro Tern Foat,
seconded by Councilmember Mills and unanimously carried on a roll
call vote.
ACTION: (FINANCING AUTHORITY) Adopt Resolution No. 38, "A
RESOLUTION OF THE CITY OF PALM SPRINGS FINANCING
AUTHORITY AUTHORIZING ISSUANCE OF CITY OF PALM SPRINGS
FINANCING AUTHORITY LEASE REVENUE BONDS, 2012 SERIES B
(DOWNTOWN REVITALIZATION PROJECT) NOT TO EXCEED $47
MILLION, APPROVING AND AUTHORIZING AND DIRECTING
EXECUTION OF INDENTURE OF TRUST AND OTHER DOCUMENTS
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City Council Minutes
April 11,2012
Page 5
RELATING THERETO, AUTHORIZING SALE OF SUCH BONDS,
APPROVING OFFICIAL STATEMENT AND PROVIDING OTHER
MATTERS PROPERLY RELATING THERETO." Motion Councilmember
Mills, seconded by Councilmember Hutcheson and unanimously
carried on a roll call vote.
Councilmember Hutcheson stated he has a property related conflict of interest
with respect to Item 1.C., would not participate in the discussion or the vote, and
left Council Chamber.
1.C. CHANGE THE ZONE DESIGNATION OF TWO LOTS AT THE
NORTHEAST CORNER OF TAHQUITZ CANYON WAY AND SUNRISE
WAY FROM Cl-AA (LARGE SCALE RETAIL COMMERCIAL) TO C1
(RETAIL COMMERCIAL) WESSMAN HOLDINGS LLC:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated April 11,, 2012.
Mayor Pougnet opened the public hearing, and no speakers coming
forward, the public hearing was closed.
ACTION: 1) Waive reading of the full text of the ordinance and introduce
by title only; and 2) Introduce on first reading Ordinance No. 1806, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE ZONING MAP TO CHANGE THE ZONING
DESIGNATION OF AN APPROXIMATELY 1.38-ACRE SITE (APNS 502
065 008 and 502 065 018) FROM C-I-AA (LARGE SCALE RETAIL
COMMERCIAL) TO C-1 (RETAIL COMMERCIAL), THE SITE IS
LOCATED AT THE NORTHEAST CORNER OF TAHQUITZ CANYON
WAY AND SUNRISE WAY" Motion Councilmember Lewin, seconded
by Councilmember Mills and unanimously carried 4-0 on a roll call
vote.
AYES: Councilmember Lewin, Councilmember Mills, Mayor Pro
Tern Foat, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Hutcheson.
Councilmember Hutcheson returned to the dais.
PUBLIC COMMENT:
PHYLLIS CLAIRE BURGESS, Palm Springs, commented on the redevelopment of the
Desert Fashion Plaza.
TOM ADAMO, Palm Springs, commented on the redevelopment of the Downtown and
Uptown areas of Palm Springs and requested support of the BID.
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City Council Minutes
April 11,2012
Page 6
MICHAEL W. RICE, commented on Item 5.D. regarding the available permit to operate
a medical cannabis collective/cooperative.
PETER AND ALAN LIVRERI, commented on Item 5.D. regarding the available permit to
operate a medical cannabis collective/cooperative.
ROBERT VAN ROO, commented on Item 5.D. regarding the available permit to operate
a medical cannabis collective/cooperative.
ALICE JENSEN, commented on Item 5.D. regarding the available permit to operate a
medical cannabis collective/cooperative.
KEITH MCCORMICK, commented on the Palm Springs Business Improvement District
and requested the City Council support funding for the BID.
TIM RADIGAN, commented on the upcoming proposed sewer rate increase.
RICK PANTELE, commented on Item 5.D. regarding the available ,permit to operate a
medical cannabis collective/cooperative.
LANNY SWERDLOW, Palm Springs, commented on Item 5.D. regarding the available
permit to operate a medical cannabis collective/cooperative.
KURT HANDSHUH, commented on Item 5.D. regarding the available permit to operate
a medical cannabis collective/cooperative.
COUNCILMEMBER COMMENTS:
Mayor Pro Tern Foat requested City staff review the use of i-Paids for City Council
meetings.
Mayor Pougnet requested an Item be placed on the next Agenda for the naming of the
Belardo Bridge, and commented on a recent letter in the paper regarding the Palm
Springs White Party.
Councilmember Hutcheson requested the City Manager review and prepare documents
regarding the re-use of building materials.
CITY MANAGER'S REPORT: None.
2. CONSENT CALENDAR:
ACTION: Approve 2.A., 2.B., 2.C., 2.D., 2.F., 2.G., 2.H., 2.1., 2.J., 2.K., 2.N.,
2.0., and 2.P. Motion Councilmember Lewin, seconded by Councilmember
Mills and unanimously carried on a roll call vote.
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City Council Minutes
April 11,2012
Page 7
2.A. REPORT ON THE POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the April 11, 2012,
City Council Agenda. Approved as part of the Consent Calendar.
2.13. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of March 7, 2012,
March 16, 2012, and March 21, 2012. Approved as part of the Consent
Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 23110, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 02-18-12 BY WARRANTS NUMBERED 417269 THROUGH
417292 TOTALING $46,488.89, LIABILITY CHECKS NUMBERED
1054506 THROUGH 1054530 TOTALING $124,525.97, FIVE WIRE
TRANSFERS FOR $46,490.78, AND THREE ELECTRONIC ACH
DEBITS OF $1,009,170.61, IN THE AGGREGATE AMOUNT OF
$1,226,676.25, DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution
No. 23111, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS
AND DEMANDS BY WARRANTS NUMBERED 1054531 THROUGH
1054704 IN THE AGGREGATE AMOUNT OF $2,217,720.68, DRAWN
ON BANK OF AMERICA;" 3) Adopt Resolution No. 23112, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND
DEMANDS BY WARRANTS NUMBERED 1054705 THROUGH 1054814
IN THE AGGREGATE AMOUNT OF $2,603,865.51, DRAWN ON BANK
OF AMERICA;" 4) Adopt Resolution No. 23113, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 3-03-12 BY WARRANTS NUMBERED 417293 THROUGH
417314 TOTALING $40,480.99, LIABILITY CHECKS NUMBERED
1054815 THROUGH 1054839 TOTALING $122,566.66, FIVE WIRE
TRANSFERS FOR $65,884.79, AND THREE ELECTRONIC ACH
DEBITS OF $1,120,440.80, IN THE AGGREGATE AMOUNT OF
$1,349,373.24, DRAWN ON BANK OF AMERICA;" 5) Adopt Resolution
No. 23114, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS
AND DEMANDS BY WARRANTS NUMBERED 1054840 THROUGH
1054943 IN THE AGGREGATE AMOUNT OF $490,617.74, DRAWN ON
BANK OF AMERICA;" 6) Adopt Resolution No. 23115, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY
WARRANTS NUMBERED 1054944 THROUGH 1055143 IN THE
AGGREGATE AMOUNT OF $652,385.60, DRAWN ON BANK OF
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AMERICA;" 7) Adopt Resolution No. 23116, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1055144 THROUGH 1055249 IN THE AGGREGATE
AMOUNT OF $2,581,844.89, DRAWN ON BANK OF AMERICA;" 8) Adopt
Resolution No. 23117, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF PAYROLL WARRANTS FOR THE PERIOD ENDED 3-17-12 BY
WARRANTS NUMBERED 417315 THROUGH 417337 TOTALING
$39,635.06, LIABILITY CHECKS NUMBERED 1055250 THROUGH
1055274 TOTALING $123,059.94, FIVE WIRE TRANSFERS FOR
$42,304.03, AND THREE ELECTRONIC ACH DEBITS OF $978,888.67,
IN THE AGGREGATE AMOUNT OF $1,183,887.70, DRAWN ON BANK
OF AMERICA;" and 9) Adopt Resolution No. 23118, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1055275 THROUGH 1055393 IN THE AGGREGATE
AMOUNT OF $2,429,943.91, DRAWN ON BANK OF AMERICA."
Approved as part of the Consent Calendar, noting the abstention of
Mayor Pro Tern Foat on Warrant No. 1055114.
2.D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR
THE MONTH OF FEBRUARY 2012:
ACTION: Receive and file the report of Staff Authorized Agreements and
Purchase Orders for the period of February 1 through February 29, 2012.
Approved as part of the Consent Calendar.
2.F. RATIFY AND REAPPOINT THE NOMINATION OF THE CITY OF
COACHELLA TO THE PALM SPRINGS INTERNATIONAL AIRPORT
COMMISSION FOR THE TERM ENDING DECEMBER 31, 2012:
ACTION: Reappoint David Garcia, as the City of Coachella
representative, to the Palm Springs International Airport Commission for
the term ending December 31, 2012. Approved as part of the Consent
Calendar.
2.G. AMENDMENT NO. 3 TO AGREEMENT NO. A5235 WITH DOKKEN
ENGINEERING FOR THE INDIAN CANYON DRIVE WIDENING
PROJECT (CP 01-25):
ACTION: 1) Approve Amendment No. 3 to Agreement No. A5235 with
Dokken Engineering, in the amount of $38,310 for a total revised contract
amount of $951,040 for the Indian Canyon Drive Widening Project
(CP 01-25); and 2) Authorize the City Manager to execute all necessary
documents. A5235. Approved as part of the Consent Calendar.
2.H. APPROVAL OF TRACT MAP 35544 TO BE SUBDIVIDED INTO ONE
RESIDENTIAL CONDOMINIUM PARCEL LOCATED AT 588 SAN
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LORENZO ROAD AND A SUBDIVISION IMPROVEMENT AGREEMENT
WITH SAN LORENZO PRIDE, LLC:
ACTION: 1) Adopt Resolution No. 23119, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING TRACT MAP 35544 FOR RESIDENTIAL CONDOMINIUM
PURPOSES FOR PROPERTY LOCATED AT 588 SAN LORENZO
ROAD, IN SECTION 23, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND
APPROVING A RELATED SUBDIVISION IMPROVEMENT
AGREEMENT;" and 2) Authorize the City Manager to execute all
necessary documents. A6225. Approved as part of the Consent
Calendar.
2.1. APPROVE THE NON-EXCLUSIVE USE OF LOCAL TEMPORARY
STAFFING SERVICES:
ACTION: Authorize the City Manager to utilize various local staffing
agencies for non-exclusive temporary staff assignments, and execute any
required documents, subject to approval by the City Attorney. Approved
as part of the Consent Calendar.
2.J. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E)
AND AUTHORIZATION TO BID FOR THE INDIAN CANYON DRIVE
INTERIM WIDENING PROJECT FROM UNION PACIFIC RAILROAD
(UPRR) BRIDGE TO GARNET AVENUE (CP 01-11 A):
ACTION: Approve the plans, specifications and estimate, and authorize
staff to move forward with the Indian Canyon Drive Interim Widening
Project (UPRR Bridge to Garnet Avenue) (CP 01-11 A), and authorize
staff to advertise and solicit bids. Approved as part of the Consent
Calendar.
2.K. ACCEPT FROM THE CALIFORNIA EMERGENCY MANAGEMENT
AGENCY THE EMERGENCY MANAGEMENT PERFORMANCE GRANT
IN THE AMOUNT OF $17,587 AND AUTHORIZE THE PURCHASE OF
COMPUTER EQUIPMENT FOR THE EMERGENCY OPERATIONS
CENTER:
ACTION: 1) Accept the Emergency Management Performance Grant from
the California Emergency Management Agency in the amount of $17,587;
2) Authorize the purchase of computer equipment from Dell via the
Western States Contracting Alliance (WSCA) national cooperative
purchasing agreement in the amount of $35,174; and 3) Authorize the City
Manager to execute all necessary documents, including the purchase
order. Approved as part of the Consent Calendar.
2.N. APPOINTMENT TO THE ADMINISTRATIVE APPEALS BOARD:
ACTION: Appoint Glen Perry to the Administrative Appeals Board for the
term ending June 30, 2015. Approved as part of the Consent Calendar.
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2.0. APPOINTMENT TO THE HUMAN RIGHTS COMMISSION:
ACTION: Appoint David Brown to the Human Rights Commission for the
term ending June 30, 2015. Approved as part of the Consent Calendar.
2.13. TREASURER'S INVESTMENT REPORT AS OF FEBRUARY 29, 2012:
ACTION: Receive and file the Treasurer's Investment Report as of
February 29, 2012. Approved as part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2.E. SECOND READING AND ADOPTION OF ORDINANCE NO. 1804,
CORRECTING BY AMENDMENT SECTION 93.23.15 OF THE PALM SPRINGS
MUNICIPAL CODE RELATING TO MEDICAL CANNABIS COOPERATIVE
AND COLLECTIVE SPECIAL CONDITIONS:
Councilmember Mills noted he will be voting against the proposed ordinance as it
provides for three collectives rather than two.
ACTION: Waive further reading and adopt Ordinance No. 1804, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, CORRECTING
BY AMENDMENT SECTION 93.23.15 OF THE PALM SPRINGS MUNICIPAL
CODE RELATING TO MEDICAL CANNABIS COOPERATIVE AND
COLLECTIVE SPECIAL CONDITIONS." Motion Councilmember Hutcheson,
seconded by Mayor Pro Tern Foat and carried 4-1 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Lewin, Mayor Pro Tern
Foat, and Mayor Pougnet.
NOES: Councilmember Mills.
2.L. AMENDMENT NO. 7 TO AGREEMENT NO. A5300 WITH MERCHANTS
LANDSCAPE SERVICES FOR LANDSCAPE MAINTENANCE AT THE
ANIMAL SHELTER IN THE AMOUNT OF $27,892 PER YEAR:
The City Council commented and/or discussed the following: the amount of funds
required to maintain the landscaping at the Palm Springs Animal Shelter, bidding
the service and further bidding on the entire landscape project, the maintenance
requirements of desert landscaping with a natural desert look and feel, and
redesigning the landscaping to reduce the on-going maintenance.
ACTION: Direct staff to return to obtain a reduced bid and/or review and reduce
the specifications for the landscape maintenance at the Palm Springs Animal
Shelter. Motion Mayor Pro Tern Foat, seconded by Councilmember
Hutcheson and carried 3-2 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Lewin, and Mayor Pro
Tern Foat.
NOES: Councilmember Mills and Mayor Pougnet.
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2.M. APPROVE AN EXCLUSIVE AGREEMENT TO NEGOTIATE WITH SAVOY
GROUP, INC. FOR TWO PARCELS AT THE SOUTHWEST CORNER OF
NORTH PALM CANYON DRIVE AND STEVENS ROAD:
Councilmember Hutcheson commented on the development opportunities.
ACTION: 1) Approve an exclusive agreement to negotiate with Savoy Group,
Inc. for one year for two City owned parcels at the southwest corner of North
Palm Canyon Drive and Stevens Road; and 2) Authorize the City Manager to
execute all necessary documents. A6226. Motion Councilmember Hutcheson,
seconded by Mayor Pro Tem Foat and unanimously carried on a roll call
vote.
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
5.A. DISCUSSION OF AIR QUALITY MANAGEMENT DISTRICT (AQMD)
GRANT APPLICATION FOR THE SENTINEL POWER PLANT
MITIGATION FUNDING:
Dave Barakian, City Engineer, provided background information as
outlined in the staff report dated April 11, 2012.
The City Council discussed and/or commented on the following with
respect to the mitigation funding: the reasons the City does not qualify for
Environmental Justice funding, the funding available for City specific
projects, the opportunity to fulfill the concepts of the CVAG path, benefits
to tourism for the CVAG proposed project, the ability to include rail
service, and the benefits of the proposals to improve air quality.
ACTION: 1) Support the CVAG path as the first priority; and 2) Direct staff
to further study potential City projects for funding and to place on the May
2, 2012, City Council Agenda for discussion. By consensus of the City
Council.
5.13. APPOINTMENT OF CITY COUNCIL SUBCOMMITTEES TO SCREEN
COMMISSION AND BOARD APPLICATIONS, TO DETERMINE
QUALIFIED APPLICANTS AS PART OF THE 2012 ANNUAL
RECRUITMENT OF CITY BOARDS AND COMMISSIONS:
City Clerk Thompson provided background information as outlined in the
staff report dated April 11, 2012.
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ACTION: 1) Waive the procedures in Resolution No. 18804 Section 7(b),
for the 2012 Annual Recruitment process, to allow for the City Council as
a whole, to participate in the screening and interview of Applicants for the
Planning Commission and the Historic Site Preservation Board; 2) Waive
the procedures in Resolution No. 18804 Section 7(b), for the 2012 Annual
Recruitment process that provides for the Mayor to select and participate
in all subcommittees; and 3) Appoint two-member ad hoc City Council
Subcommittees to screen and interview Applicants for the following
Commissions and Boards as follows: Administrative Appeals Board Mayor
Pougnet and Mayor Pro Tem Foat; Airport Commission Councilmember
Mills and Mayor Pougnet; Board of Appeals Mayor Pougnet and Mayor
Pro Tem Foat; BID Advisory Board Councilmember Hutcheson and
Councilmember Mills; Human Rights Commission Councilmember Mills
and Councilmember Lewin; Library Board of Trustees Mayor Pougnet and
Councilmember Lewin; Personnel Board Mayor Pougnet and
Councilmember Hutcheson; Parks and Recreation Commission Mayor Pro
Tem Foat and Councilmember Mills; Public Arts Commission
Councilmember Hutcheson and Councilmember Lewin; Rent Review
Commission Mayor Pro Tem Foat and Councilmember Mills; Sustainability
Commission Councilmember Hutcheson and Councilmember Lewin; and
VillageFest Board Mayor Pro Tem Foat and Councilmember Hutcheson.
Motion Councilmember Mills, seconded by Mayor Pro Tem Foat and
unanimously carried on a roll call vote.
5.C. SECTION 14 TAHQUITZ CANYON WAY MEDIAN LANDSCAPING
IMPROVEMENTS PROJECT (CP 08-20):
Dave Barakian, City Engineer, provided background information as
outlined in the staff report dated April 11, 2012.
The City Council discussed and/or commented on the following:
incorporation of artwork on the City portion of the project, the inclusion of
Tribal artwork on the Section 14 portion of the project, the design is
schematic, and the City Council will approve the final plan, the removal of
the mid-block crossings, public safety issues and mobility, the installation
of art on the walls rather than decorative stones, and requested the
Sustainability Commission be provided a briefing.
ACTION: 1) Approve the schematic landscape plans for the Tahquitz
Canyon Way median; 2) Approve Amendment No. 2 to Agreement No.
A5809 with RGA Landscape Architects, Inc., in the amount of $94,400 for
a revised total contract amount of $157,940 for the Tahquitz Canyon Way
Median Landscaping Improvements Project (CP 08-20); 3) Direct staff to
process the final landscape design approval pursuant to Architectural
Review guidelines including consultation with the Indian Planning
Commission and Tribal Council; and 4) Authorize the City Manager to
execute all necessary documents. A5809. Motion Councilmember
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Hutcheson, seconded by Councilmember Lewin and unanimously
carried on a roll call vote.
5.D. DISPOSITION OF AVAILABLE PERMIT TO OPERATE A MEDICAL
CANNABIS COLLECTIVE/COOPERATIVE:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated April 11, 2012.
The City Council discussed and/or commented on the following:
clarification and timing going forward, granting the permit to CAPS,
increasing the number to four collectives, fairness, the importance of the
location of the collective, the legal issues with CAPS, opening the process
to new applicants in addition to the previous applicants, consequences to
patients, the lack of information tonight to make a decision on granting the
permit, and requesting staff provide data and information on the two
current collectives.
ACTION: 1) Direct staff to prepare a resolution to approve the third license
to CAPS; and 2) Direct staff to solicit updated applications from those
2009 applicants who have indicated an interest in the available collective
permit. Motion Mayor Pro Tom Foat, seconded by Mayor Pougnet and
carried 3-2 on a roll call vote.
AYES: Councilmember Lewin, Mayor Pro Tom Foat, and Mayor
Pougnet.
NOES: Councilmember Hutcheson and Councilmember Mills.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Mayor Pougnet announced the upcoming Mayor's Race and Wellness Festival.
ADJOURNMENT: The City Council adjourned at 10:10 p.m. to Wednesday, April 18,
2012, 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
16T" DAY OF MAY, 2012.
STEPHEN P. POUGNET, MAYOR
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ATTEST:
JAMES THOMPSON, CITY CLERK
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