HomeMy WebLinkAbout7/7/2010 - STAFF REPORTS - 2.B. CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
$kLM t
O
•1FOR�P•
MINUTES
WEDNESDAY, JUNE 16, 2010
Council Chamber
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:07 p.m.
PLEDGE OF ALLEGIANCE: Councilmember Weigel led the Pledge.
INVOCATION: Rev. Kevin A. Johnson, Bloom in the Desert Ministries, led the
Invocation.
ROLL CALL:
PRESENT: Councilmember Foat, Councilmember Mills, Councilmember
Weigel, Mayor Pro Tern Hutcheson, and Mayor Pougnet,
ABSENT: None.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS: Councilmember Hutcheson provided an update on the recent
Chamber of Commerce Installation.
Mayor Pougnet and the City Council presented the recent St. Theresa's culmination and
presented a Proclamation to outgoing staff.
Councilmember Foat provided an update on the Native Foods Animal Shelter benefit.
Mayor Pougnet presented and/or announced Palm Springs Power Baseball events,
Riverside County Cooling Centers, Palm Springs Fireman's Fish Fry event, Fourth of
July Fireworks and the Short Film Fest.
REPORT OF CLOSED SESSION: City Attorney reported that at 4:30 p.m. the meeting
was called to order 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 Pougnet requested Item 2.S. be removed from the Consent Calendar for
separate discussion.
Councilmember Weigel noted his "NO" vote on Item 2.F.
ITEM NO. '
City Council Minutes
June 16, 2010
Page 2
Councilmember Mills noted his "NO" vote on Item 2.F, requested Item 2.M. be removed
from the Consent Calendar for separate discussion, and noted his abstention on
Consent Calendar Item 2.0.
City Manager Ready requested the City Council remove Item 2.0. from the Consent
Calendar for an update.
ACTION: Accept the Agenda as amended. Motion Councilmember Weigel,
seconded by Councilmember Mills and unanimously carried on a roll call vote.
1. PUBLIC HEARINGS:
Councilmember Foat stated she has a business and property ownership conflict
of interest with respect to Item 1.A., and would not participate in the discussion
and the vote, and left Council Chamber.
1.A. PUBLIC HEARING, EVALUATION OF PROTEST PROCEEDINGS, AND
ADOPTION OF A PROPOSED ORDINANCE TO MODIFY THE BASIS
AND METHOD OF LEVYING ASSESSMENTS AND THE RENEWAL OF
THE PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT (BID),
AND THE LEVY OF THE FISCAL YEAR 2010-11 ASSESSMENTS:
City Clerk Thompson provided background information as outlined in the
staff report dated June 16, 2010.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
JIM OSTERBERGER, Palm Springs, commented on the fee for smaller
businesses and the boundaries, and stated his opposition to the Business
Improvement District.
MICHAEL MCCARTNEY, Palm Springs, commented on the boundaries of
the BID, and spoke in opposition to the Business Improvement District.
ROXIE MISHLER, commented on the positive marketing to the
businesses in the Downtown and Uptown area, and spoke in support of
the Business Improvement District.
BORIS ROSE, commented on the mailing of the ballots, the fee structure,
and spoke in opposition to the BID.
JESSE DANNER, commented on the mailing of the ballots, and spoke in
opposition to the Business Improvement District.
JOY MEREDITH, stated her support of the Business Improvement District.
No further speakers coming forward, the public hearing was closed.
City Council Minutes
June 16, 2010
Page 3
Mayor Pro Tern Hutcheson commented on the marketing and outreach
efforts of the process, the positive aspects of the marketing of the
businesses, and stated the City should proceed with the Business
Improvement District.
Councilmember Weigel stated he believed there is a misunderstanding in
the business community about the process and voting for the Business
Improvement District, stated he would be supportive of the BID if the
business community is in favor of the BID, but the process did not
demonstrate that businesses are in support of the BID, and stated the BID
area would need to be expanded if the BID is continued.
Councilmember Mills stated the City invests a lot of funds into the
Downtown and Uptown areas of the City, and the City is requesting the
businesses provide support of a nominal amount of funds, and stated his
support for the BID as it is extremely important to the City.
Mayor Pougnet noted his opposition to the BID and indicated the
assessments are not equitable.
Mayor Pro Tern Hutcheson requested the City Clerk prepare documents to
provide for voluntary contributions to the Business Improvement District
and place on the next City Council agenda.
The City Council took no action with respect to the adoption of proposed
Ordinance No. 1174, and the Business Improvement District Fiscal Year
2010-11 assessments.
Councilmember Foat returned to the dais.
1.113. PROPOSITION 218 MAJORITY PROTEST HEARING ON THE MATTER
OF INCREASING SEWER SERVICE CHARGES:
David Barakian, City Engineer, provided background information as
outlined in the staff report dated June 16, 2010.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
DENISE ANDERSON, Palm Springs, commented on the status of the
current rental market, and requested the City Council review and validate
the proposal before proceeding with a doubling of the sewer rates.
VIC GAINER, Palm Springs, stated he understands the capital
improvements needed for expansion of the facility, but questioned the
funding, requested the City Council review the creation of a municipal
water district, and requested the Desert Water Agency be dissolved.
J
City Council Minutes
June 16, 2010
Page 4
TIM RADIGAN-BROPHY, stated his opposition to the increase, and the
increases will affect multi-unit buildings disproportionally.
NORMAN BROWN, spoke in opposition to the proposed increase in sewer
rates.
JOY SMITH, spoke in opposition to the proposed rate increase.
JIM JONNS, spoke in opposition to the proposed rate increase.
Councilmember Foat requested staff address a consumption based fee as
opposed to a fixed rate.
ACTION: 1) Open the Public Hearing and receive public testimony; 2)
Continue the Public Hearing to July 7, 2010; and 3) Direct the City Clerk to
continue accepting property owner protests until July 7, 2010, and to post
notice of continuance of the Public Hearing. Motion Mayor Pro Tern
Hutcheson, seconded by Councilmember Weigel and unanimously
carried on a roll call vote.
PUBLIC COMMENT:
JOE GIBBS, commented on selection of a third medical cannabis provider and
requested the City Council approve the permit to Herbal Solutions. -
AUBREY WARD, Calimesa, commented on the creation of the Palm Springs Fashion
District and planned events.
VICTOR COOMBES, commented on the allotment process for medical cannabis and
recommended the City Council consider CannaWay Collective as a provider in the City
of Palm Springs.
JUDY SAILORS, commented on the upcoming Christmas in July fundraiser for
Sponsorship of the City of Palm Springs Festival of Lights Parade.
GARY JOHNS, commented on the Welwood Murray Library remodel project, which
calls for the demolition of the interior of the building.
CODY BURKE, requested the City Council approve the Desert Valley Patients
Association as the third medical cannabis collective in the City.
DIANE C. BLASDEL, commented on the selection process and requested the City
Council consider Organic Solutions of the Desert as the third medical cannabis provider
in the City.
City Council Minutes
June 16, 2010
Page 5
RICK PANTELE, requested the City Council consider the selection of CAPS as the third
medical cannabis provider in the City.
JIM CAMPER, requested the City Council consider Organic Solutions of Desert as the
third medical cannabis provider in the City.
KORY PATLER, requested the City Council support CAPS as the third medical
cannabis provider in the City.
JOY SMITH, stated her support for Organic Solutions of the Desert as the third medical
provider in the City.
JANICE HARDOON, commented on medical cannabis and requested the City Council
allow medical cannabis in the City of Palm Springs.
KURT HANDSHUH, requested the City Council consider PS Compassionate Care as a
third medical cannabis provider in the City.
DAVID PRENDERGAST, requested the City Council consider Desert Organic Solutions
as the third medical cannabis provider in the City.
BRIAN WALTER, requested the City Council consider CAPS as the third medical
cannabis collective in the City.
WILLIE JAMES HOLLAND, SR., commented on the drug use issues in the Desert
Highland Gateway Neighborhood, and noted his current arrests.
JOY MEREDITH, thanked staff for their work on the Business Improvement District, and
requested the City Council fund the BID in the amount of $50,000 from the Economic
Recovery Funds.
FRED NOBLE, Palm Springs, requested the City Council support Item 5.A.,
participation in a Multi-Agency Enterprise Zone Application.
JOE FOSTER, requested the City Council speak to him regarding his complaint with the
Palm Springs Police Department.
MONA MULLER, requested the City Council consider Organic Solutions of the Desert
as the third medical cannabis provider in the City.
DAVID BARON, commented on the background and capabilities of CAPS, and
requested the City Council consider CAPS as the third medical cannabis provider in the
City.
MARK ADAMS, requested the City Council consider Herbal Solutions as the third
medical cannabis provider in the City.
J
City Council Minutes
June 16, 2010
Page 6
ERIC VON OSTING, expressed concerns with CAPS and PS Compassionate Care as
medical cannabis providers, and requested the City Council consider Organic Solutions
of the Desert as the third medical cannabis provider.
COUNCILMEMBER COMMENTS: None.
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.H., 2.1., 2.J.,
2.K., 2.L., 2.N., 2.P., 2.Q., and 2.R. Motion Councilmember Mills, seconded
by Mayor Pro Tern Hutcheson 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 June 16, 2010,
City Council Agenda. Approved as part of the Consent Calendar.
2.B. APPROVAL OF MINUTES:
ACTION: Approve the City Council/Community Redevelopment Agency
Minutes of June 2, 2010. Approved as part of the Consent Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 22722, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1042298 THROUGH 1042434 IN THE AGGREGATE
AMOUNT OF $1,620,940.79, DRAWN ON BANK OF AMERICA;" 2) Adopt
Resolution No. 22723, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF PAYROLL WARRANTS FOR THE PERIOD ENDED 5-29-10 BY
WARRANTS NUMBERED 415779 THROUGH 415814 TOTALING
$58,066.17, LIABILITY CHECKS NUMBERED 1042435 THROUGH
1042455 TOTALING $143,106.89, FIVE WIRE TRANSFERS FOR
$59,372.37, AND THREE ELECTRONIC ACH DEBITS OF $1,097,282.45,
IN THE AGGREGATE AMOUNT OF $1,357,827.88, DRAWN ON BANK
OF AMERICA;" and 3) Adopt Resolution No. 22724, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1042456 THROUGH 1042523 IN THE AGGREGATE
AMOUNT OF $99,321.80, DRAWN ON BANK OF AMERICA." Approved
as part of the Consent Calendar.
2.D. STAFF AUTHORIZED AGREEMENTS FOR MAY 2010:
ACTION: Receive and file Staff Authorized Agreements covering the
period May 1 through May 31, 2010. Approved as part of the Consent
Calendar.
6
City Council Minutes
June 16, 2010
Page 7
2.E. 2010 BIENNIAL NOTICE FOR CITY STAFF TO REVIEW THE
CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL
REFORM ACT:
ACTION: Adopt Resolution No. 22725, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
REQUIRING CITY STAFF TO REVIEW THE CONFLICT OF INTEREST
CODE AND SUBMIT THE 2010 BIENNIAL NOTICE AS REQUIRED
UNDER THE POLITICAL REFORM ACT." Approved as part of the
Consent Calendar.
2.F. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE
NO. 1776, AMENDMENT TO THE PALM SPRINGS ZONING CODE
RELATING TO MEDICAL CANNABIS COOPERATIVES AND
COLLECTIVES (CASE 5.1218-A):
ACTION: Waive further reading and adopt Ordinance No. 1776, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SUBSECTIONS 93.22.00 (F, G, K, L, and M) OF THE PALM
SPRINGS ZONING CODE, RELATING TO MEDICAL CANNABIS
COOPERATIVES AND COLLECTIVES." Approved as part of the
Consent Calendar, noting the NO vote of Councilmember Mills and
Councilmember Weigel.
2.G. AMENDMENT NO. 1 TO AGREEMENT NO. A5139 ASSISTANT CITY
MANAGER EMPLOYMENT CONTRACT:
ACTION: 1) Approve Amendment No. 1 to Agreement No. A5139 a
Contract for Employment / Assistant City Manager with Thomas Wilson;
and 2) Authorize the City Manager to execute all necessary documents.
A5139. Approved as part of the Consent Calendar.
2.1-1. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS CITYWIDE
STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS FOR
FISCAL YEAR 2010-11:
ACTION:
1) Adopt Resolution No. 22726, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER'S
REPORT REGARDING STREET LIGHTING MAINTENANCE DISTRICT
NO. 3 ("CROSSLEY TRACT"); AND THE LEVY AND COLLECTION OF
ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR
2010-11."
2) Adopt Resolution No. 22727, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON
STREET LIGHTING MAINTENANCE DISTRICT NO. 3 ("CROSSLEY
TRACT"); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS
RELATED THERETO FOR FISCAL YEAR 2010-11."
7
r��
City Council Minutes
June 16, 2010
Page 8
3) Adopt Resolution No. 22728, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER'S
REPORT REGARDING PARKWAY MAINTENANCE DISTRICT NO. 6A
("FAIRPORT DEVELOPMENT"); AND THE LEVY AND COLLECTION OF
ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR
2010-11."
4) Adopt Resolution No. 22729, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON
PARKWAY MAINTENANCE DISTRICT NO. 6A ("FAIRPORT
DEVELOPMENT"); AND TO LEVY AND COLLECT ANNUAL
ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2010-11."
5) Adopt Resolution No. 22730, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER'S
REPORT REGARDING PARKWAY MAINTENANCE DISTRICT NO. 6C
("PARK SONORA TRACT"); AND THE LEVY AND COLLECTION OF
ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR
2010-11."
6) Adopt Resolution No. 22731, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON
PARKWAY MAINTENANCE DISTRICT NO. 6C ("PARK SONORA
TRACT"); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS
RELATED THERETO FOR FISCAL YEAR 2010-11."
7) Adopt Resolution No. 22732, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER'S
REPORT REGARDING PARKWAY MAINTENANCE DISTRICT NO. 7
("SUNRISE NORTE TRACT"); AND THE LEVY AND COLLECTION OF
ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR
2010-11."
8) Adopt Resolution No. 22733, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON
PARKWAY MAINTENANCE DISTRICT NO. 7 ("SUNRISE NORTE
TRACT"); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS
RELATED THERETO FOR FISCAL YEAR 2010-11."
8
City Council Minutes
June 16, 2010
Page 9
9) Adopt Resolution No. 22734, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER'S
REPORT REGARDING PARKWAY MAINTENANCE DISTRICT NO. 8
("VINTAGE PALMS TRACT"); AND THE LEVY AND COLLECTION OF
ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR
2010-11."
10) Adopt Resolution No. 22735, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON
PARKWAY MAINTENANCE DISTRICT NO. 8 ("VINTAGE PALMS
TRACT"); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS
RELATED THERETO FOR FISCAL YEAR 2010-11."
11) Adopt Resolution No. 22736, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER'S
REPORT REGARDING PARKWAY MAINTENANCE DISTRICT NO. 9
("FLORA VISTA"); AND THE LEVY AND COLLECTION OF ANNUAL
ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2010-11."
12) Adopt Resolution No. 22737, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON
PARKWAY MAINTENANCE DISTRICT NO. 9 ("FLORA VISTA"); AND TO
LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO
FOR FISCAL YEAR 2010-11."
13) Adopt Resolution No. 22738, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER'S
REPORTS REGARDING PARKWAY MAINTENANCE DISTRICT NO. 10,
ZONE 1 AND ZONE 2, ("MOUNTAIN GATE"); AND THE LEVY AND
COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR
FISCAL YEAR 2010-11."
14) Adopt Resolution No. 22739, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON
PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 1 AND ZONE 2,
("MOUNTAIN GATE"); AND TO LEVY AND COLLECT ANNUAL
ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2010-11."
15) Adopt Resolution No. 22740, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER'S
9
City Council Minutes
June 10, 2010
Page 10
REPORT REGARDING LANDSCAPE MAINTENANCE DISTRICT NO. 12
("SMOKE TREE COMMONS"); AND THE LEVY AND COLLECTION OF
ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR
2010-11."
16) Adopt Resolution No. 22741, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON
LANDSCAPE MAINTENANCE DISTRICT NO. 12 ("SMOKE TREE
COMMONS"); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS
RELATED THERETO FOR FISCAL YEAR 2010-11." Approved as part
of the Consent Calendar.
2.1. PROGRAM SUPPLEMENT AGREEMENT NO. 031-N WITH THE STATE
OF CALIFORNIA FOR USE OF CONGESTION MITIGATION AND AIR
QUALITY (CMAQ) FEDERAL-AID FUNDS FOR THE VISTA CHINO AT
FARRELL DRIVE STREET IMPROVEMENTS [FEDERAL-AID
PROJECT NO. CML-5282(037) (CP 09-11)]:
ACTION: Adopt Resolution No. 22742, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA
APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 031-N TO
ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID
PROJECTS NO. 08-5282R WITH THE STATE OF CALIFORNIA, IN THE
AMOUNT OF $45,183 ($40,000 CMAQ FEDERAL FUNDS / $5,183
TRAFFIC MITIGATION FEES), FOR THE VISTA CHINO AT FARRELL
DRIVE STREET IMPROVEMENTS, CITY PROJECT NO. 09-11,
FEDERAL-AID PROJECT NO. CML-5282(037), AND AUTHORIZING
THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF
OF THE CITY OF PALM SPRINGS." A5988. Approved as part of the
Consent Calendar.
2.J. RIGHT-OF-WAY AGREEMENTS WITH WESSMAN HOLDINGS, LLC,
FOR THE BELARDO ROAD BRIDGE & ROADWAY WIDENING (CP 87-
49):
ACTION: 1) Approve a Right-of-Way Agreement for Acquisition of Real
Property and Escrow Instructions, with Wessman Holdings, LLC, in the
amount of $50,000 for acquisition of right-of-way for the Belardo Road
Bridge and Roadway Widening, (CP 87-49); 2) Approve a Right of Entry
and Temporary Construction Easement Agreement, with Wessman
Holdings, LLC in the amount of $20,925 for acquisition of a temporary
construction easement for the Belardo Road Bridge and Roadway
Widening, (CP 87-49); 3) Authorize the City Manager to execute all
necessary documents; and 4) Authorize the Director of Public Works/City
Engineer to coordinate and execute all associated escrow documents
subject to the review and approval by the City Attorney. A5989. Approved
as part of the Consent Calendar.
1. 0
City Council Minutes
June 16, 2010
Page 11
2.K. ENCROACHMENT LICENSE TO PRESCOTT PLACE LLC, FOR
BUILDING OVERHANG SOLAR SHADES EXTENDING INTO THE
RIGHT-OF-WAY AT 901 N. PALM CANYON DRIVE:
ACTION: 1) Approve an Encroachment License with Prescott Place, LLC
for construction of building overhang solar shades extending into the right-
of-way at 901 N. Palm Canyon Drive; and 2) Authorize the City Manager
to execute all necessary documents. A5990. Approved as part of the
Consent Calendar.
2.L. AMENDMENT NO. 10 TO AGREEMENT NO. A4123 WITH VEOLIA
WEST OPERATING SERVICES, INC. (FORMERLY VEOLIA WATER
NORTH AMERICA-WEST, LLC):
ACTION: 1) Approve Amendment No. 10 to the Amended and Restated
Wastewater Services Agreement No. A4123 with Veolia West Operating
Services, Inc. (formerly Veolia Water North America-West, LLC); and 2)
Authorize the City Manager to execute all necessary documents. A4123.
Approved as part of the Consent Calendar.
2.N. AGREEMENT WITH SOUTHERN CALIFORNIA SOILS & TESTING, INC.
FOR SPECIAL TESTING AND INSPECTION SERVICES IN THE
AMOUNT OF $78,000 FOR THE PALM SPRINGS ANIMAL CARE
FACILITY PROJECT:
ACTION: 1) Approve a professional services agreement for special testing
and inspection services, in a form approved by the City Attorney, with
Southern California Soils & Testing, Inc. in the amount of $78,000 for the
Palm Springs Animal Care Facility Project (RPF 08-10); and 2) Authorize
the City Manager to sign and execute all necessary documents. A5991.
Approved as part of the Consent Calendar.
2.P. FISCAL YEAR 2010-11 ALLOCATED POSITIONS AND
COMPENSATION PLAN:
ACTION: Adopt Resolution No. 22744, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR
FISCAL YEAR 2010-11." Approved as part of the Consent Calendar.
2.Q. EXTENSION OF THE MANAGEMENT AGREEMENT WITH CGPM
MANAGERS LLC FOR THE MANAGEMENT AND OPERATION OF THE
CITY-OWNED LEGENDS AND RESORT GOLF COURSES FOR TWO
YEARS FROM JULY 1, 2010, THROUGH JUNE 30, 2012:
ACTION: 1) Approve Amendment No. 1 to Agreement No. A5741 with
CGPM Managers LLC for the management and operation of the city-
owned Legends and Resort Golf Courses for two years, through June 30,
2012; and 2) Authorize the City Manager to execute all necessary
documents. A5741. Approved as part of the Consent Calendar.
11
City Council Minutes
June 16, 2010
Page 12
2.R. AWARD OF CONTRACT FOR THE CITY HALL EMERGENCY
GENERATOR REPLACEMENT (CP 10-03):
ACTION: Approve an agreement with Advanced Energy Design, Inc., in
the amount of $67,000, for the City Hall Emergency Generator
Replacement (CP 10-03); and 2) Authorize the City Manager to execute
all necessary documents. A5992. Approved as part of the Consent
Calendar.
EXCLUDED CONSENT CALENDAR:
2.M. SALE OF A 5,663 SQUARE FOOT PARCEL (.13 ACRE) TO BASAM RAEI
FOR THE SUM OF $7,650 LOCATED NEAR THE NORTHEAST CORNER OF
MESQUITE AVENUE AND EL CIELO ROAD (APN 680-601-006):
ACTION: Adopt Resolution No. 22743, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE
SALE OF A CITY OWNED 5,665 SQUARE FOOT PARCEL LOCATED NEAR
THE NORTHEAST CORNER OF MESQUITE AVENUE AND EL CIELO ROAD
TO BASAM RAEI IN THE AMOUNT OF $7,650 FOR THE PURPOSE OF
CONSTRUCTING A SINGLE FAMILY HOME (APN 680-601-006)." Motion
Councilmember Mills, seconded by Mayor Pro Tern Hutcheson and
unanimously carried on a roll call vote.
Councilmember Mills stated he has a business related conflict of interest with respect to
Item 2.0., would not participate in the discussion and/or the vote, and left Council
Chamber.
2.0. LETTER OF COMMITMENT FOR THE COLLEGE OF THE DESERT GREEN
INNOVATION CHALLENGE GRANT FOR IN-KIND AND MATCHING FUNDS:
ACTION: Receive and File. Motion Councilmember Weigel, seconded by
Councilmember Foat and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Weigel, Mayor Pro Tern
Hutcheson, and Mayor Pougnet.
NOES: None,
ABSENT: Councilmember Mills.
Councilmember Mills returned to the dais.
2.5. PROPOSED RESOLUTION DECLARING ITS INTENTION TO FORM AN
ASSESSMENT DISTRICT TO FINANCE DISTRIBUTED GENERATION
RENEWABLE ENERGY SOURCES AND ENERGY AND WATER EFFICIENCY
IMPROVEMENTS FOR PROPERTY WITHIN THE CITY AND SETTING A
PUBLIC HEARING THEREON:
Michele Mician, Sustainability Manager, provided background information as
outlined in the staff report dated June 19, 2010.
12
City Council Minutes
June 16, 2010
Page 13
Councilmember Weigel requested staff address the voluntary nature of the
energy efficiency programs and assessments.
ACTION: 1) Adopt Resolution No. 22745, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS
INTENTION TO FORM AN ASSESSMENT DISTRICT TO FINANCE
DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES AND
ENERGY AND WATER EFFICIENCY IMPROVEMENTS FOR PROPERTY
WITHIN THE CITY PURSUANT TO CHAPTER 29 OF PART 3 OF DIVISION 7
OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND SETTING A
PUBLIC HEARING THEREON;" 2) Set the public hearing for September 1, 2010;
and 3) Authorize the City Manager or his designee to execute all the necessary
documents. Motion Councilmember Weigel, seconded by Councilmember
Mills and unanimously carried on a roll call vote.
3. LEGISLATIVE:
3.A. PROPOSED ORDINANCE MODIFYING THE CITY COUNCIL MEETING
TIME FOR CLOSED SESSIONS:
City Clerk Thompson provided background information as outlined in the
staff report dated June 16, 2010.
ACTION: 1) Waive the reading of the full text of the Ordinance, and
introduce by title only; and 2) Introduce on first reading Ordinance No.
1777, "AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE
SECTION 2.04.010 RELATING TO MEETING TIMES OF THE CITY
COUNCIL MEETINGS." Motion Councilmember Weigel, seconded by
Mayor Pro Tern Hutcheson and unanimously carried on a roll call
vote.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
5.A. PARTICIPATION IN A MULTI-AGENCY ENTERPRISE ZONE
APPLICATION TO THE STATE OF CALIFORNIA AND
APPROPRIATION OF $50,000 AS THE CITY'S SHARE:
Cathy Van Horn, Economic Development Administrator, provided
background information as outlined in the staff report dated June 16,
2010.
Councilmember Foat requested staff address the expansion and success
of near-by Enterprise Zones to include the City of Palm Springs, and the
input of nearby zones with the City's application.
13
City Council Minutes
June 16, 2010
Page 14
Mayor Pro Tern Hutcheson requested staff address the financial obligation
of other cities participating in the Multi-Agency Zone.
ACTION: 1) Approve the participation in the Enterprise Zone application
process in the amount of$50,000 as the City's share; 2) Authorize the City
Manager, or his designee, to execute all necessary documents; and 3)
Direct staff to allocate $50,000 from the Economic Recovery Plan funding.
Motion Mayor Pougnet, seconded by Councilmember Foat and
unanimously carried on a roll call vote.
S.B. REVIEW AND EVALUATION OF NINE APPLICATIONS FOR POSSIBLE
AWARD OF A THIRD PERMIT FOR THE OPERATION OF A MEDICAL
CANNABIS COLLECTIVE/COOPERATIVE:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated June 16, 2010.
Councilmember Foat provided background information on the status of
CAPS in the City and requested the City Council consider CAPS as the
third provider.
Councilmember Weigel stated the City should not be regulating
collectives, stated his concerns for CAPS and recommended Organic
Solutions of the Desert.
Councilmember Mills stated his opposition to a third provider in the City of
Palm Springs, and recommended the City Council spread the locations.
Mayor Pougnet commented on the development of the Ordinances in the
City of Palm Springs, commented on some of the challenges with opening
the collectives and stated his support for CAPS.
Mayor Pro Tern Hutcheson stated his concerns with CAPS, and stated his
support for Organic Solutions of the Desert.
MOTION: 1) Select CAPS Apothecary as the third medical cannabis
provider; and 2) Direct staff to prepare a resolution approving the permit
with conditions of approval and place on the July 7, 2010, City Council
Agenda. Motion Councilmember Foat, seconded by Mayor Pougnet
and failed 2-3 on a roll call vote.
AYES: Councilmember Foat and Mayor Pougnet.
NOES: Councilmember Mills, Councilmember Weigel, and Mayor
Pro Tern Hutcheson,
ACTION: 1) Select Organic Solutions of the Desert as the third medical
cannabis provider; and 2) Direct staff to prepare a resolution approving the
permit with conditions of approval and place on the July 7, 2010, City
14"
City Council Minutes
June 16, 2010
Page 15
Council Agenda. Motion Mayor Pro Tern Hutcheson, seconded by
Councilmember Mills and carried 4-1 on a roll call vote.
AYES: Councilmember Mills, Councilmember Weigel, Mayor Pro
Tern Hutcheson, and Mayor Pougnet.
NOES: Councilmember Foat.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Mayor Pro Tern Hutcheson provided a report on the recent ICSC Conference,
Councilmember Foat requested staff report on the current renovation of the Welwood
Murray Library, and thanked the Community members who are working on the
Christmas in July event.
Mayor Pougnet requested staff report on the Welwood Murray Library renovation, and
commented on the Festival of Lights Parade.
The City Council recessed back into Closed Session at 9:00 PM.
The City Council reconvened at 9:20 p.m.
REPORT OF CLOSED SESSION: City Attorney Holland reported that the City Council
recessed into Closed Session to complete discussion on the Items contained on the
posted Closed Session Agenda. No reportable actions were taken.
ADJOURNMENT: The City Council adjourned at 9:20 p.m. to a Regular Meeting,
Wednesday, July 7, 2010, at 6:00 P.M. Council Chamber, City Hall, preceded by a
Closed Session at 4:30 p.m., Small Conference Room, City Hall, 3200 East Tahquitz
Canyon Way, Palm Springs,
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS
7TH DAY OF JULY, 2010.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
1 :�
CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
oFYAIM Se
4
CglifORHP.
SPECIAL MEETING MINUTES
MONDAY, JUNE 21, 2010
Large Conference Room
CALL TO ORDER: Mayor Pougnet called the meeting to order at 4:05 p.m.
ROLL CALL:
PRESENT: Councilmember Foat, Councilmember Mills, Councilmember
Weigel, Mayor Pro Tern Hutcheson, and Mayor Pougnet.
ABSENT: None.
ALSO PRESENT: City Clerk Thompson.
1. PUBLIC COMMENT: None.
2. INTERVIEW APPLICANTS AND APPOINT MEMBERS TO THE PLANNING
COMMISSION AND THE HISTORIC SITE PRESERVATION BOARD AS PART
OF THE 2010 ANNUAL RECRUITMENT OF BOARDS AND COMMISSIONS:
ACTION: 1) Reappoint Barbara Marshall and Roxann Ploss to the Historic Site
Preservation Board for the term ending June 30, 2013; and 2) Appoint Leo
Cohen to the Historic Site Preservation Board for the term ending June 30, 2013.
By consensus of the City Council.
ACTION: 1) Reappoint Leslie Munger to the Planning Commission for the term
ending June 30, 2013; and 2) Appoint Philip Klatchko to the Planning
Commission for the term ending June 30, 2013. By consensus of the City
Council.
ADJOURNMENT: The City Council adjourned the Special Meeting at 5:45 p.m.
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS
7T" DAY OF JULY, 2010.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
1.6