HomeMy WebLinkAbout2010-12-15 CC MINUTES CITY COUNCIL
COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
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MINUTES
WEDNESDAY, DECEMBER 15, 2010
Council Chamber
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:13 p.m.
PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard, led the
Pledge.
INVOCATION: Rev. Duane Cox, Retired Religious Science Minister, led the Invocation.
ROLL CALL:
PRESENT: Councilmember Foat, Councilmember Hutcheson, Councilmember
Mills, Mayor Pro Tern Weigel, 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 proclamation to Jill Hutchinson for her
service to the Palm Springs Police K-9 Unit and proclaimed December 15, 2010, as Jill
Hutchinson day in the City of Palm Springs.
Police Chief Dominguez and the Palm Springs Police Department presented new
bicycles to ten children in the Community for families in need.
Mayor Pougnet and the City Council presented certificates of commendation to Blake
Goetz, Fire Chief, Sue Mills, Human Resources Director and Jan Truscott, Executive
Services Administrator on their retirement, and thanked them for their years of service.
Mayor Pougnet provided an update on the recent events and activities in the City of
Palm Springs: Holiday Tree Lighting, Festival of Lights Parade and activities, Young
Americans Concert, Athena Awards, and the retirement of M. Shoenberger from the
Palm Springs School District.
Councilmember Foat announced the Palm Springs Lobster Festival benefit for the
Animal Shelter, and the waiver of adoption fee program at the Shelter in the month of
December.
City Council Minutes
December 15, 2010
Page 2
Mayor Pougnet announced the upcoming 2011 Palm Springs International Film Festival
event and activities.
REPORT OF CLOSED SESSION: City Attorney Holland reported that at 4:00 p.m. 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:
Councilmember Foat noted her abstention on Item 2.13., requested Items 2.1-1. and 2.1.
be removed from the Consent Calendar for separate discussion.
Councilmember Mills noted his abstention on Consent Calendar Item 2.13.
ACTION: Accept the Agenda as amended. Motion Councilmember Hutcheson,
seconded by Mayor Pro Tern Weigel and unanimously carried on a roll call vote.
1. PUBLIC HEARINGS:
Councilmember Hutcheson stated he has property ownership conflict of interest
with respect to Item 1.A., would not participate in the discussion or the vote, and
left Council Chamber.
1.A. HUNTER HOLDINGS, LLC, APPROVE TENTATIVE TRACT MAP 33334
FOR THE PURPOSE OF CREATING A CONDOMINIUM MAP WITHIN A
PREVIOUSLY APPROVED PLANNED DEVELOPMENT DISTRICT
(PD313) LOCATED AT 2743 NORTH INDIAN CANYON DRIVE, A
MIXED USED DEVELOPMENT CONSISTING OF FLAG LOTS,
EXISTING DWELLING UNITS, STRUCTURES AND 57 NEW
TOWNHOME UNITS:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated December 15, 2010.
Councilmember Foat request staff address the ownership and a proposed
convenience store at the location.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
MICHAEL MUELLER, Palm Springs Racquet Club, stated he was former
owner of the property and requested the City Council allow the project to
move forward, commented on the density at the site, the mixed use status,
the historic consideration, and outlined the benefits of the project.
ART TUFFS, commented on his experience at the historic Racquet Club,
and requested the City Council approve the project.
City Council Minutes
December 15, 2010
Page 3
WILLIE JAMES HOLLAND, SR., commented on the redevelopment of
Palm Springs, the City process stopping growth in North Palm Springs,
and stated the project needs to be finished.
No further speakers coming forward, the Public Hearing was closed.
ACTION: Adopt Resolution No. 22838, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING TENTATIVE TRACT MAP 33334 FOR THE PURPOSE OF
CREATING A CONDOMINIUM MAP FOR THE PREVIOUSLY
APPROVED MIXED-USE DEVELOPMENT WITHIN THE EXISTING
RACQUET CLUB OF PALM SPRINGS LOCATED AT 2743 NORTH
INDIAN CANYON DRIVE, ZONE PDD-313, SECTION 3." Motion
Councilmember Mills, seconded by Councilmember Foat and
unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern
Weigel, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Hutcheson.
Councilmember Hutcheson returned to the dais.
1.B. DESERT PALISADES SPECIFIC PLAN APPROVING A SPECIFIC
PLAN, GENERAL PLAN AMENDMENT, CHANGE OF ZONE, AND
TENTATIVE TRACT MAP (35540) FOR DEVELOPMENT OF 110
HOMESITES, DWA DUAL TANK WATER RESERVOIR, AND RELATED
FACILITIES ON A ROUGHLY 117-ACRE SITE IN PLANNING AREA 4
OF THE ESA-SP ZONE (CHINO CONE) LOCATED AT THE WESTERN
TERMINUS OF WEST RACQUET CLUB ROAD, SECTION 4,
TOWNSHIP 4, RANGE 4 (IL) (CASE NO 5.1154 SP):
ACTION: 1) Continue the Public Hearing to Wednesday, January 5, 2011,
with no public testimony at this time; and 2) Direct the City Clerk to post a
Notice of Continued Public Hearing. Motion Councilmember Foat,
seconded by Councilmember Mills and unanimously carried on a roll
call vote.
PUBLIC COMMENT:
DONNA CHABAN, Palm Springs, Board of Library Trustees, thanked the City Council
for approval of the contract to replace the roof at the Palm Springs Library, and stated
the Board committed Trust Funds for the Project.
GREG HAM, commented on Item 4.C., commented on the improvements to the
property with the lease to 7-Eleven, the improvements to the property, the proposed
City Council Minutes
December 15, 2010
Page 4
signage, neighborhood outreach, and requested the City Council approve the
Resolution of Convenience.
JASON MURRAY, 7-Eleven, Inc., commented on Item 4.C., outlined the concept and
the vision of the store to become a fresh food market.
JARED MECHAM, Palm Springs, River Mojave Academy, stated they are retracting
their letter of opposition to Item 4.C., Resolution of Convenience for 7-Eleven.
DOUG JONES, commented on Item 4.C., the current run-down status of the property,
and stated the project will enhance the neighborhood.
MARTHA HIGGINS, Wessman Development, commented on Item 4.D., outlined the
status of the property when it was purchased by Wessman Development, the on-going
marketing efforts, the steps toward the PDD Application and the Specific Plan, and
stated Wessman Development is in the best position to develop the property.
EMILY HEMPHILL, commented on Item 4.D., commented on the use of eminent
domain, outlined the unrealistic demands of the City during the OPA negotiations,
commented on the taking of the property, the burden for the retailers and the City,
commented on the discrepancy of the City on initial value.
NONI TATE, Palm Springs, Fair Housing Council of Riverside County, commented on
the services provided by the Fair Housing Council to the City of Palm Springs, and the
number of residents served in the City of Palm Springs.
THOMAS O'CONNELL, commented on Item 4.C., commented on the condition of the
property, outlined his concerns for the property, the 24-hour operations, similar impacts
to other like businesses in the area, distracting to the Riviera, traffic concerns, and the
proximity to a school, but stated this is a good developer.
JOHN TYMON, commented on his recent treatment by City staff and Community Action
Partnership.
WILLIE JAMES HOLLAND, SR., commented on the crime and drug use in the North
end of Palm Springs.
JOY MEREDITH, thanked the City Council and the City for the effort in the Downtown
and Uptown areas, commented on the successful Festival of Lights Parade, and the
tree lighting in the Downtown area.
SOBHY YOUSEF, Shell Station owner, commented on the decline in business,
commented on Item 4.C., and stated the City turned down his business two-years ago
due to the proximity of the school.
City Council Minutes
December 15, 2010
Page 5
JOHN DASH, commented on Item 4.D., and the development of the Desert Fashion
Plaza, and stated the City and the developer need a long term plan and vision.
COUNCILMEMBER COMMENTS:
Councilmember Foat commented on the need for donations of toys for the holidays for
families in need in the City of Palm Springs.
CITY MANAGER'S REPORT: None.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.J., 2.K., 21.
2.M., 2.N., and 2.0. Motion Councilmember Hutcheson, seconded by
Councilmember Mills and unanimously carried on a roll call vote.
2.A. REPORT ON POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the December 15,
2010, City Council Agenda. Approved as part of the Consent Calendar.
2.B. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of December 1, 2010.
Approved as part of the Consent Calendar, noting the abstentions of
Councilmember Foat and Councilmember Mills.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 22839, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 11-13-10 BY WARRANTS NUMBERED 416230 THROUGH
416257 TOTALING $47,493.84, LIABILITY CHECKS NUMBERED
1045493 THROUGH 1045514 TOTALING $126,188.33, FIVE WIRE
TRANSFERS FOR $51,861.82, AND THREE ELECTRONIC ACH
DEBITS OF $1,026,654.50, IN THE AGGREGATE AMOUNT OF
$1,252,198.49, DRAWN ON BANK OF AMERICA;" and 2) Adopt
Resolution No. 22840, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1045515
THROUGH 1045783 IN THE AGGREGATE AMOUNT OF $1,734,073.82,
DRAWN ON BANK OF AMERICA." Approved as part of the Consent
Calendar.
2.D. ADOPTION OF A CITY OF PALM SPRINGS CONFLICT OF INTEREST
CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974:
ACTION: Adopt Resolution No. 22841, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
A CONFLICT OF INTEREST CODE AND SUPERSEDING PREVIOUS
City Council Minutes
December 15, 2010
Page 6
RESOLUTIONS WITH RESPECT TO THE CONFLICT OF INTEREST
CODE." Approved as part of the Consent Calendar.
2.E. ACCEPTANCE OF THE SUPPLEMENTAL LAW ENFORCEMENT
SERVICES FUNDS (SLESF) GRANT FROM THE STATE OF
CALIFORNIA AND APPROVING THE EXPENDITURE PLAN AND
APPROPRIATION:
ACTION: 1) Accept the State of California Supplemental Law
Enforcement Services Funds Grant and Approve the Expenditure Plan; 2)
Direct the Finance Director to fund the appropriation; and 3) Authorize the
City Manager to execute all documents to effectuate the acceptance of the
grant. A5765. Approved as part of the Consent Calendar.
2.F. APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. 032-N,
WITH THE STATE OF CALIFORNIA FOR USE OF TEA-21 HIGH
PRIORITY PROJECT (HP21 L) FEDERAL-AID FUNDS FOR THE INDIAN
CANYON DRIVE AT INTERSTATE 10 INTERCHANGE [CITY PROJECT
NO. 00-14, FEDERAL-AID PROJECT NO. HP21 L-5282 (035)1:
ACTION: Adopt Resolution No. 22842, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 032-N TO
ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID
PROJECTS NO. 08-5282R WITH THE STATE OF CALIFORNIA, IN THE
AMOUNT OF $1,120,885, FOR THE INDIAN CANYON DRIVE AT
INTERSTATE 10 INTERCHANGE, CITY PROJECT NO. 00-14,
FEDERAL-AID PROJECT NO. HP21 L-5282 (035), AND AUTHORIZING
THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF
OF THE CITY OF PALM SPRINGS." A6043. Approved as part of the
Consent Calendar.
2.G. APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. 030-N,
WITH THE STATE OF CALIFORNIA FOR USE OF AMERICAN
REINVESTMENT AND RECOVERY ACT OF 2009 (ESPL) AND
SAFETEA-LU HIGH PRIORITY PROJECT (HPLU) FEDERAL-AID
FUNDS FOR THE INDIAN CANYON DRIVE AT INTERSTATE 10
INTERCHANGE [CITY PROJECT NO. 00-14, FEDERAL-AID PROJECT
NO. ESPLHPLU-5282(034)]:
ACTION: Adopt Resolution No. 22843, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 030-N TO
ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID
PROJECTS NO. 08-5282R WITH THE STATE OF CALIFORNIA, IN THE
AMOUNT OF $7,497,280, FOR THE INDIAN CANYON DRIVE AT
INTERSTATE 10 INTERCHANGE, CITY PROJECT NO. 00-14,
FEDERAL-AID PROJECT NO. ESPLHPLU-5282 (034), AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
City Council Minutes
December 15, 2010
Page 7
ON BEHALF OF THE CITY OF PALM SPRINGS." A6044. Approved as
part of the Consent Calendar.
2.J. CITY OF PALM SPRINGS GOVERNMENT CODE SECTION 66000
DEVELOPMENT PROJECT FEE REPORT FOR FISCAL YEAR 2009-10:
ACTION: Receive and File the Fiscal Year 2009-10 Development Project
Fee Report pursuant to Cal. Gov. Code §66000. Approved as part of the
Consent Calendar.
2.K. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH
DMC DESIGN GROUP, INC., FOR THE AGUA CALIENTE CULTURAL
MUSEUM ROAD AND DRAINAGE IMPROVEMENTS [FEDERAL
PROJECT PLHDL06-5282 (032) AND HPLUL-5282 (033)] (CITY
PROJECT 09-04):
ACTION: 1) Approve an Agreement with DMC Design Group, Inc., in the
amount of $109,001.00, for environmental and civil engineering design
services related to the Agua Caliente Cultural Museum Road and
Drainage Improvements, Federal Project PLHDL06-5282 (032) and
HPLUL-5282 (033) City Project 09-04; and 2) Authorize the City Manager
to execute all necessary documents. A6047. Approved as part of the
Consent Calendar.
2.L. JOINT ITEM CITY COUNCIL AND COMMUNITY REDEVELOPMENT
AGENCY WITH RESPECT TO CALIFORNIA HEALTH AND SAFETY
CODE SECTION 33130 REDEVELOPMENT AREA PROPERTY
DISCLOSURES:
ACTION: 1) Receive and file the Cal. Health and Safety Code §33130
Project Area Property Disclosures for Director of Community and
Economic Development John Raymond (no reportable interests).
Approved as part of the Consent Calendar.
2.M. REPORT OF EMERGENCY CLEAN UP FROM DIESEL SPILL AT CITY
HALL PURSUANT TO PALM SPRINGS MUNICIPAL CODE SECTION
7.04.040:
ACTION: Receive and File the Report of Emergency Expenditures
pursuant to Palm Springs Municipal Code §7.04.040(4). Approved as
part of the Consent Calendar.
2.N. AWARD OF CONTRACT FOR THE PALM SPRINGS MAIN LIBRARY
ROOFING PROJECT (CITY PROJECT NO. 10-04):
ACTION: 1) Approve an Agreement with Al Miller & Sons Roofing Co.,
Inc., in the amount of $293,127.90, for the Palm Springs Main Library
Roofing Project (City Project No. 10-04); and 2) Authorize the City
Manager to execute the Agreement. A6048. Approved as part of the
Consent Calendar.
City Council Minutes
December 15, 2010
Page 8
2.0. PROPOSED ORDINANCE DISSOLVING COMMUNITY FACILITIES
DISTRICT NO. 2005-2 (ESCENA) AND TERMINATING THE LEVY OF
SPECIAL TAXES WITHIN SAID DISTRICT:
ACTION: 1) Waive reading of the full text of the Ordinance, and introduce
by title only; and 2) Introduce for first reading Ordinance No. 1782, "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS,CALIFORNIA, REPEALING ORDINANCE NO. 1672 AND
DISSOLVING COMMUNITY FACILITIES DISTRICT NO. 2005-2
(ESCENA) OF THE CITY OF PALM SPRINGS." Approved as part of the
Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2.H. ACCEPTANCE OF GRANT FUNDING FROM THE UNIVERSITY OF
CALIFORNIA BERKELEY, SAFE TRANSPORTATION RESEARCH AND
EDUCATION CENTER (SAFETREC), FOR A SOBRIETY CHECKPOINT MINI-
GRANT PROGRAM IN THE AMOUNT OF $16,796.91 FOR ENFORCEMENT,
EDUCATION AND PUBLIC AWARENESS:
Councilmember Foat requested the Police Department expand the policy for the
enforcement of DUI, and recommended staff review the installation of signs in
the City indicating zero tolerance for DUI, programs, partnerships and training of
servers, program implemented with taxi companies, DUI information be placed in
hotel rooms, and DUI training at the High School.
ACTION: 1) Accept grant funding, in the amount of $16,796.91, from the
University of California at Berkeley, Funded by California Office of Traffic Safety,
Safe Transportation Research and Education Center for a sobriety checkpoint
mini-grant program; and 2) Authorize the City Manager to execute all necessary
documents. A6045. Motion Councilmember Mills, seconded by
Councilmember Foat and unanimously carried on a roll call vote.
2.1. APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS AND OTHER
AGENCIES AND CITIES ESTABLISHING PARTNERSHIPS FOR THE SAFE
ROUTES TO SCHOOL PROGRAM:
Councilmember Foat questioned the City's role for implementation of the
programs.
ACTION: 1) Approve a Memorandum of Understanding with the Coachella Valley
Association of Governments, the Cities of Cathedral City, Desert Hot Springs,
Rancho Mirage, Palm Springs Unified School District and the Riverside County
Department of Public Health for the Safe Routes to School Program; and 2)
Authorize the City Manager to execute the Memorandum of Understanding.
City Council Minutes
December 15, 2010
Page 9
A6046. Motion Councilmember Foat, seconded by Councilmember Mills
and unanimously carried on a roll call vote.
3. LEGISLATIVE:
3.A. PROPOSED ORDINANCE CODIFYING CITY COUNCIL REVIEW OF
DECISIONS OF CITY COUNCIL APPOINTED COMMISSION AND
BOARDS:
City Clerk Thompson provided background information as outlined in the
staff report dated December 15, 2010.
ACTION: 1) Waive reading of the full text of the Ordinance, and introduce
by title only; and 2) Introduce for first reading Ordinance No. 1783, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING
SECTION 2.06.030, TO CHAPTER 2.06 OF THE PALM SPRINGS
MUNICIPAL CODE, RELATING TO THE CITY COUNCIL REVIEW OF
CITY COUNCIL APPOINTED COMMISSION AND BOARD DECISIONS."
Motion Councilmember Foat, seconded by Councilmember Mills and
unanimously carried on a roll call vote.
The City Council recessed at 8:05 p.m.
The City Council reconvened at 8:11 p.m.
4. UNFINISHED BUSINESS:
4.A. REQUEST BY DOLLAR TREE, INC. FOR A RESOLUTION OF PUBLIC
CONVENIENCE TO SELL BEER AND WINE FOR CONSUMPTION OFF
PREMISES (TYPE 20 ALCOHOL LICENSE) AT THE EXISTING
DOLLAR TREE STORE LOCATED AT 1717 EAST VISTA CHINO
ROAD:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated December 15, 2010.
Councilmember Foat requested staff address the condition that beer
cannot be sold and is limited to wine.
Councilmember Mills would recommend the City Council approve the
Resolution of Convenience as stated, with a caveat as requested by the
applicant for a wine license only.
Councilmember Hutcheson stated the City Council should support the
license as recommended.
Mayor Pro Tern Weigel stated he is tolerant of the license due to the
request for wine only.
City Council Minutes
December 15, 2010
Page 10
Mayor Pougnet noted his objections for allowing the sale of liquor at this
site due to the proximity to the school and over saturation in the area.
ACTION: Adopt Resolution No. 22844, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC
CONVENIENCE IN ORDER TO SELL BEER AND WINE FOR OFF SITE
CONSUMPTION (TYPE 20 ALCOHOL LICENSE) AT A RETAIL STORE
LOCATED AT 1717 EAST VISTA CHINO ROAD, ZONE C-S-C, SECTION
12/T4/R4;" amending the Resolution adding a Section 2 providing the City
Council Resolution of Convenience is limited for the sale of wine only, as
requested by the Applicant in the Applicant's Statement of Justification."
Motion Councilmember Foat, seconded by Mayor Pro Tern Weigel
and carried 4-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember Hutcheson,
Councilmember Mills, and Mayor Pro Tern Weigel.
NOES: Mayor Pougnet.
4.13. JOINT ITEM OF THE CITY COUNCIL AND THE COMMUNITY
REDEVELOPMENT AGENCY TO APPROVE A LEASE AGREEMENT
WITH VERIZON WIRELESS FOR NON-EXCLUSIVE USE OF FLOOR
SPACE ON THE TOP DECK OF THE CITY-OWNED PARKING
STRUCTURE LOCATED AT 295 SOUTH INDIAN CANYON DRIVE:
John Raymond, Director of Community and Economic Development,
provided background information as outlined in the staff report dated
December 15, 2010.
Mayor Pougnet requested staff address the annual revenue to the City
from the lease.
Mayor Pro Tern Weigel requested staff address the "co-locatable" capacity
to the site and facility if approved.
Councilmember Mills commented on his previous objection and stated the
architecture issues have been resolved.
ACTION: 1) Approve a Lease Agreement with Verizon Wireless, the
Community Redevelopment Agency, and the City of Palm Springs, for the
non-exclusive use of the City-owned Parking Structure to provide floor,
rooftop, antenna, and cabling space on the top deck; and 2) Authorize the
City Manager and Execute Director to execute the Lease Agreement.
A6049. Motion Councilmember Hutcheson, seconded by
Councilmember Mills and unanimously carried on a roll call vote.
City Council Minutes
December 15, 2010
Page 11
Councilmember Mills stated he has a business related conflict of interest with
respect to Item 4.C., would not participate in the discussion or the vote, and left
Council Chamber.
4.C. REQUEST BY 7-ELEVEN, INC. FOR A RESOLUTION OF PUBLIC
CONVENIENCE IN ORDER TO SELL BEER AND WINE FOR
CONSUMPTION OFF PREMISES AT A PROPOSED CONVENIENCE
STORE LOCATED AT 150 WEST VISTA CHINO ROAD:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated December 15, 2010.
Councilmember Foat requested the City Attorney and staff address the
current license obtained by the Applicant.
Councilmember Hutcheson stated this provides an opportunity to enhance
the property and the neighborhood, noted the proposed concept for fresh
foods, and the transfer of an existing license from one area in the City to
another.
Councilmember Foat noted the condition of the property, but stated she
would like 7-Eleven open at this location without the liquor license,
commented on the recent denial of the license to the adjacent gas station,
the proximity to the school, and the saturation of liquor stores in the area.
Mayor Pro Tern Weigel requested staff address the options if the liquor
license was denied and if the store may proceed without the sale of liquor,
and commented on the saturation of liquor sales in the area.
MOTION: Adopt Resolution, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC
CONVENIENCE IN ORDER TO SELL BEER AND WINE FOR OFF SITE
CONSUMPTION (TYPE 20 ALCOHOL LICENSE) TO BE LOCATED AT A
PROPOSED 24-HOUR CONVENIENCE STORE AT 150 WEST VISTA
CHINO ROAD, APN 504-320-016, ZONE C-1/R-3, SECTION 3/T4/R4."
Motion Councilmember Hutcheson, failed for lack of a second.
No action taken.
Councilmember Mills returned to the dais.
4.D. JOINT ITEM OF THE CITY COUNCIL AND THE COMMUNITY
REDEVELOPMENT AGENCY DISCUSSING THE ACQUISITION OF
PROPERTIES WITHIN THE CITY OF PALM SPRINGS MUSEUM
MARKET PLAZA SPECIFIC PLAN:
Mayor Pougnet provided a history of the property and background
information as outlined in the staff report dated December 15, 2010.
City Council Minutes
December 15, 2010
Page 12
Councilmember Mills commented on the history of the property and the
proposals for the property, stated the City has given the property owner
many opportunities, and stated the City needs to start moving forward for
future success.
Mayor Pro Tern Weigel requested staff address the options to continue to
work with Wessman Development, if they choose to submit an application
to develop the property.
Councilmember Hutcheson recapped some of the key points, discussion
with the public, a vote of the people in a Special June Election, in the
interim the City would continue to work with Wessman toward resolve, and
recommended the City take its future in its own hands.
Councilmember Foat commented on the installation of the proposed road
to the Museum, the success of the City with attracting developers in the
Springs and Smoketree, and the lack of the attraction of developers to a
proposed Downtown Project, stated the appraisal is fair, and encouraged
Wessman Development to accept the City's offer.
Councilmember Foat stated the time to act is now, and commented on the
progress of El Paseo in Palm Desert.
ACTION: Authorize the Executive Director or his designee to make a
conditional offer to purchase the Properties from Wessman Development,
and negotiate in good faith with Wessman Development for the purchase
of such properties. Motion Councilmember Foat, seconded by
Councilmember Hutcheson and unanimously carried on a roll call
vote.
5. NEW BUSINESS:
5.A. REVIEW AND APPOINT CITY COUNCIL SUBCOMMITTEES AND CITY
COUNCIL LIAISONS TO OUTSIDE ORGANIZATIONS:
City Clerk Thompson provided background information as outlined in the
staff report dated December 15, 2010.
ACTION: 1) Direct the City Clerk to delete the Palm Springs Recycle from
the External Organizations List; 2) Direct the City Clerk to delete the
following from the Subcommittees List: Jackie Lee Houston Plaza,
Convention Center Management Agreement, Housing Element and the
Wyndam Hotel; 2) Direct the City Clerk to substitute Mayor Pro Tern
Weigel for Mayor Pougnet on the WWTP Subcommittee; 3) Direct the City
Clerk to add Councilmember Mills to the ComDyn Affordable Housing
Project Subcommittee; 4) Remove the Office of Neighborhood
City Council Minutes
December 15, 2010
Page 13
Involvement Liaison (Councilmember Foat) and create a new list of City
Council Liaisons to City Commissions and Boards, including
Councilmember Foat as the City Council Liaison to the Office of
Neighborhood Involvement and Councilmember Mills as the City Council
Liaison to the Airport Commission. By consensus of the City Council.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Mills commented on the recent Marine Corps Holiday Concert in Palm
Springs.
Councilmember Foat commented on the need for donations of toys for the holidays for
families in need in the City of Palm Springs.
ADJOURNMENT: The City Council adjourned at 9:24 p.m. to a Regular Meeting,
Wednesday, January 5, 2011, at 6:00 P.M. Council Chamber, City Hall, preceded by a
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 5tn
DAY OF JANUARY, 2011.
STEPH P. POUGNET, MAYOR
ATTEST:
AMES THOMPSON, CITY CLERK