HomeMy WebLinkAbout7/6/2011 - STAFF REPORTS - 00 RECEIVED
TV Of PALM SPRi.
V I JUN 30 AM 10: 24
ServicV. JAMES CITY CLERK! iJ
June 28, 2011
Re: C.A.P.S. v. City of Palm Springs
Dear Honorable Member:
I am writing in the capacity of the patient advocate for the patient members of Collective Apothecary
Prescription Service ("C.A.P.S.") and to make the following peace offering in the lawsuit, C.A.P.S, v.
City of Palm Springs.
As you are already aware, the City of Palm Springs has been entangled in litigation with C.AP.S. for
over two years. It has come to our attention that C.A.P.S. is filing a cross-complaint against the City.
We, the patient-members of C.A.P.S., believe that this lawsuit will be lengthy, costly, and will
ultimately lead to an appeal, irrespective of which party actually prevails. This is something that we do
not want, both as patient members of C.A.P.S. and as taxpayers of the City of Palm Springs.
We have expressed the above concerns to C.A.P.S. C.A.P.S. has indicated that it is willing to pay for a
professional mediator to assist in the resolution of this matter. In return, C.A.P.S. asks only that the City
come prepared to discuss the possibility of the City issuing a fourth regulatory permit as part of a
settlement. C.A.P.S. is prepared to discuss the possibility of paying back taxes as part of a settlement.
As you know, C.A.P.S. is the oldest and most compliant collective in the area. It has been nearly one
year since the City issued a third regulatory permit and, to date, the recipient of that permit still has not
opened its doors to operate. C.A.P.S. is currently serving thousands of patients. We believe this
demonstrates an important need for a fourth regulatory permit.
Based on the foregoing, we would appreciate it if you speak with your attorney regarding this proposal
from C.A.P.S. It has been reported to us that your attorney has not provided you with previous
communications from C.A.P.S. We believe that mediation will produce a positive outcome for both
sides.
Thank you for your time and anticipated consideration of this very important matter. I am more than
willing to meet at your convenience if you would like to discuss this matter fiuther and look forward to
hearing back from you soon.
S' cerely,
Ric tele
Closed -56-55 �
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T RECEIVED _
CITY OF PALM SPFItl.
ADVERTISING COMPANY
PALM SPRINGS nil jUL —6 PM �� 58
July 6, 2011 pHP S Q n
JA�jYy CLERK
City Council- City of Palm Springs
3200 Tahquitz Canyon Way
Palm Springs, CA 92263-2743
Re: Closed session agenda items
(A)Highway 111 Beautification Agreement of 2005—Third Amendment
(B) Gene Autry Trail Relocation Agreement—Proposed
Dear Palms Springs City Council:
This letter addresses 2 important issues.
(A)First, is the approval of the Third Amendment to the Highway 111 Beautification
Agreement of 2005 which will conclude that joint effort between the City&Lamar. We
respectfully request that Council allow Lamar to complete the billboard relocation project
by Council's amending that agreement to"incorporate a digital display face on one(1)
billboard relocated pursuant to this agreement."
(B) Second, is the relocation of our 2 billboard structures that have been neratively
impacted by the City's construction of its sound wall and installation of its landscaping
and traffic signs along Gene Autry Trail to a City-owned site on Dinah Shore or to an
alternative location.
(A)On April25,2011 Lamar presented the Third Amendment to the original
Agreement for Council's consideration.
(A)On May 5, 2011 City Council directed its staff to ask Lamar(by email) for
additional information regarding the overall status of the Hwy 111 Beautification
Agreement AND regarding(B) Lamar's request for a second relocation
agreement to move 2 billboards from Gene Autry Trail to City-owned property
on Dinah Shore.
(A)On May 15,2011 Lamar responded to Council's questions in a very detailed
letter with color exhibits to the Hwy 111 Beautification Agreement via email to
Mr. Ewing&Mr. Ready. (B)We also pledged to have a plot plan available to
staff(this was presented on June 1)to show more precisely where Lamar would
ideally place a digital billboard on City property on Dinah Shore.
(A) On May 24,2011 Lamar provided Mr.Ewing&Mr. Ready additional
exhibits including photographic reference regarding digital(LED) illumination
77583 El Duna Ct,Ste J—Palm Desert,CA 92211—TeL(760)327-4500—Fm:(760)3274520
to .e,sstovl
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compared to lighting on traditional"static"billboard displays. Lamar used as
examples an existing digital display and"static"billboards on I-10.
(B)On June 27, Lamar was pleased to meet at length with Mr. Wilson, Mr. Ewing
&Ms. Shay to discuss the proposed Gene Autry relocations. The discussion
included the review of the plot plan and the proposed term of the lease with the
City as well as preliminary base rents and concerns for re-landscaping existing
trees/shrubs planted in the median. Staff asked that Lamar prepare a visual layout
of the proposed site illustrating the street view and set back from the automobile
driver's perspective for the upcoming July 6 h Council meeting(attached). We
also conversed about the timeline for such a relocation which could be as soon as
September. (B)Lamar interjected a question about the Yd Amendment to the Hwy
111 Beautification Agreement and Staff advised it was not authorized to discuss it
at that time.
It is paramount that Council clearly understands what Lamar's priorities are relative to
approving one (1) digital display as the final part of the Hwy 1 I 1 Relocation Agreement.
This I-10 location is the preferred"freeway" site and has critical"linkage"with Lamar's
future digital deployment throughout the Coachella Valley. It is to be a part of a local,
regional and national network of Lamar Digital Displays. Consequently,by not
approving this site(I-10 at Micro Place),Lamar will have to re-evaluate other potential
sites, including the proposed City-owned location on Dinah Shore.
In conclusion,with regard to the approval of the Third Amendment to the Hwy 111
Beautification Agreement, Lamar offered to sacrifice one additional structure at the
entrance to Palm Springs via Hwy 111.
We wish to sincerely impress upon you the necessity and value of the new LED
technology and how important it is all concerned. We look forward to a prompt and
favorable decision regarding the Third Amendment to the Highway I I I Beautification
Agreement of 2005 and we are pleased to continue our due diligence with City staff
regarding the new location on Dinah Shore.
Sincerely,
c
Bill Houck
Vice President&General Manager
Lamar Advertising of Palm Springs
3500 E Tachevah Dr,Ste B—Palm Springs,CA 92262—Tel:(760)3274500—Fax:(760)3274520
Mock up of proposed digital billboard location on Dinah Shore
3500 E Tachevah Dr,Ste H—Palm Springs,CA 92262—Tel:(760)327-4500—Fax:(760)327 4520