HomeMy WebLinkAbout2010-04-07 CC MINUTES CITY COUNCIL
COMMUNITY REDEVELOPMENT AGENCY
PLANNING COMMISSION
ARCHITECTURAL ADVISORY BOARD
CITY OF PALM SPRINGS, CALIFORNIA
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MINUTES
WEDNESDAY, APRIL 7, 2010
Council Chamber
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:09 p.m.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge.
INVOCATION: Father Andrew Green, Church of St. Paul in the Desert, led the
Invocation.
ROLL CALL:
PRESENT: Councilmember Foat, Councilmember Mills, Councilmember
Weigel, Mayor Pro Tem Hutcheson, and Mayor Pougnet.
ABSENT: None.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS:
Mayor Pougnet and the City Council proclaimed April, 2010 as Child Abuse Prevention
Month in the City of Palm Springs.
REPORT OF CLOSED SESSION: City Attorney Holland stated that 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; and reported the City Council
provided direction to the City Attorney on the Existing Litigation Sarabia v. City of Palm
Springs, Case No, RIV 537894, otherwise no reportable actions were taken.
ACCEPTANCE OF THE AGENDA:
City Attorney Holland requested the City Council acting as the Board of the Community
Redevelopment Agency consider adding one Item to the Agenda, which was brought to
the attention of the Agency after the posting of the Agenda, and the Agency must take
action to avoid delay due to the critical nature of the public works project.
ACTION: 1) Make the finding that the Item came to the attention of the Agency after the
posting of the Agenda and there is an immediate need to hear and take action on the
City Council Minutes
April 7, 2010
Page 2
Item; and 2) Add the Item as Consent Calendar Item 2.N. COMMUNITY
REDEVELOPMENT AGENCY APPROVAL OF CHANGE ORDER NO. 2 TO THE
AGREEMENT WITH G & M CONSTRUCTION FOR THE SOUTH PALM CANYON
DRIVE WIDENING PROJECT (CITY PROJECT NO, 05-03). Motion Councilmember
Mills, seconded by Mayor Pro Tom Hutcheson, and unanimously carried.
Councilmember Foat requested Item 2.G. be removed from the Consent Calendar for
separate discussion, and noted her business related abstention on Item 2.C. Warrant
No. 1040802, and property/business owner related abstention on Item 2.E..
Councilmember Mills noted his abstention on Item 2.13. Minutes of March 17, 2010.
Mayor Pougnet requested Items 2.E. and 2.H. be removed from the Consent Calendar
for separate vote.
ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded
by Mayor Pro Tom Hutcheson and unanimously carried on a roll call vote.
1. JOINT MEETING OF THE CITY COUNCIL, PLANNING COMMISSION, AND
ARCHITECTURAL ADVISORY COMMITTEE:
1I.A. PLANNING COMMISSION AND ARCHITECTURAL ADVISORY
COMMITTEE REPORT ON RECENT ACCOMPLISHMENTS, POLICY
ISSUES, DISCUSS GOALS AND UPCOMING PROJECTS:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated April 7, 2010.
The Members of the Planning Commission and Architectural Advisory
Committee provided the City Council input and discussion was held
regarding modifying the procedure for the processing of City initiated
projects as opposed to private projects.
The City Council discussed and/or commented on the following with
respect to the procedures for City initiated projects: lack of continuity
between adjoining projects in the Downtown area, the process to be
consistent with City and private projects, streamlining processes and level
of staff approval, providing input on the project so that it can be improved
without regard to the overall support of a project, ensuring that the
Planning Commission and Architectural Advisory Committee are involved
in some way with all City initiated projects, avoiding an additional layer in
providing planning services and approval of projects, consolidation of
functions, and consistency of signage and the look and feel of the
Downtown and Uptown areas.
City Council Minutes
April 7, 2010
Page 3
Mayor Pougnet provided a recap of the direction that Subcommittees
would be beneficial for public projects, and additional discussion is needed
on easements and font sizes.
Craig Ewing, Director of Planning Services, provided background
information on the discussion of an amnesty/abatement program for non-
permitted canopy structures.
The City Council discussed and/or commented on the following with
respect to non-permitted canopy structures: code enforcement issues and
complaints, the purpose of taking on these structures during the current
economic conditions, treating such as a variance and review on an
individual basis, the length of the term of amnesty, the length of time to
correct violations, and taking action first on those canopies in a high risk
category.
No action taken.
The Planning Commission and Architectural Advisory Committee adjourned at 7:26
p.m., and the City Council recessed.
The City Council reconvened at 7:32 p.m.
PRESENTATIONS:
Mayor Pougnet provided an update on the recent activities and events in the City of
Palm Springs: Dinah Shore Weekend and Dog Park "Best of the Best."
Jacques Caussin announced to the City Council the success of the recent Modernism
Week event in the City of Palm Springs.
Councilmember Mills provided an update on Census 2010.
1. PUBLIC HEARINGS:
I.B. NEXUS DEVELOPMENT AMENDING A PLANNED DEVELOPMENT
DISTRICT AND TENTATIVE TRACT MAP, REDUCING THE DENSITY
FROM 84 TO 53 RESIDENTIAL UNITS AND REVISING THE
TENTATIVE TRACT MAP TO A SUBDIVISION OF 53 LOTS WITH
COMMON AREAS AND PRIVATE ROADWAYS, LOCATED ON
APPROXIMATELY 8.48 ACRES AT THE SOUTHEAST CORNER OF
AVENIDA CABALLEROS AND ALEJO ROAD IN SECTION 14 (CASE
5.1082):
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated April 7, 2010.
City Council Minutes
April 7, 2010
Page 4
Mayor Pougnet opened the public hearing, and the following speaker
addressed the City Council.
ROB ERES, Nexus Development, outlined the economics of the project,
requested the City Council consider amending the Conditions PLN 15 and
ENG 7.
No further speakers coming forward, the public hearing was closed.
The City Council discussed and/or commented on the following with
respect to the project: the submission of construction drawings and plans,
the height of the wall in the front of the units, the removal of the median as
opposed to moving the entrance as written in Conditions PLN 15 and LNG
7, the public benefit of installing bike and jogging paths, requested the
developer address the use of sustainable materials, conditions relating to
the turning radius of the fire equipment, request to amend Condition ADM
20 to be submitted to the Architectural Advisory Committee, consideration
to amend PLN 6 to prohibit surface mounted downspouts, requested staff
address street width, and portable fire extinguisher, requested staff
address the location of the air conditioning equipment, and requested the
Applicant address the lack of overhangs for the large windows.
ACTION: 1) Recertify the previously approved Mitigated Negative
Declaration as an adequate environmental analysis and action on the
proposed project pursuant to the California Environmental Quality Act
(CEQA); 2) Waive the reading of the ordinance text in its entirety and read
by title only; 3) Introduce on first reading Ordinance No. 1771, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING CASE 5.1082 AMND - PDD 321, A PRELIMINARY AND
FINAL PDD AMENDMENT, FOR A PDD IN LIEU OF A CHANGE OF
ZONE, REVISING THE PROJECT FROM 84 CONDOMINIUM UNITS TO
53 SINGLE FAMILY UNITS ON INDIVIDUAL LOTS WITH UNIQUE
DEVELOPMENT STANDARDS AND AN AMENDMENT TO THE
SECTION 14 SPECIFIC PLAN TO PERMIT SINGLE FAMILY UNITS IN
THE MBR AND HR LAND USE AREAS ON APPROXIMATELY 8.48
ACRES AT THE SOUTHEAST CORNER OF AVENIDA CABALLEROS
AND ALEJO ROAD;" and 5) Adopt Resolution No. 22684, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING AN AMENDMENT TO
TENTATIVE TRACT MAP 34165 REVISING THE MAP FROM A SINGLE
LOT MAP FOR CONDOMINIUM PURPOSES TO A SUBDIVISION OF 53
SINGLE FAMILY LOTS WITH COMMON PRIVATE ROADWAYS AND
PARKING," as amended as follows: deleting the requirement for artwork
on the opposite comer of Avenida Caballeros and Alejo Road, exterior
walls to be reviewed by Architectural Advisory Committee, surface
mounted downspouts and overhangs be reviewed by City staff, and the
City Council Minutes
April 7, 2010
Page 5
southern median be installed or conditioned with a covenant. Motion
Councilmember Mills, seconded by Mayor Pro Tern Hutcheson and
unanimously carried on a roll call vote.
PUBLIC COMMENT:
LARRY LORENZ, Palm Springs, stated the community is being impacted by the Riviera
Hotel and the noise ordinance is not being enforced.
JOE WESTERBERG, Palm Springs, stated he owns property adjacent to the Riviera
Hotel and noted noise complaints about the facility.
SID CRAIG, announced the upcoming Books v. Badges Basketball Game.
JOHN PIVINSKI, Palm Springs Chamber of Commerce, announced the upcoming
events: Chamber China Trip, Annual Business Expo in Downtown Palm Springs at
VillageFest, Chamber Mixer at the Palm Springs Art Museum.
RALPH HITCHOCK, commented on Item 5.D., the sale of Whitewater Mutual Water
Company, and requested the City Council defer the sale of the shares from O'Donnell.
TREY TREVINO, Palm Springs, commented on Item 4.B., Medical Cannabis, and
stated his support for Cannahelp.
LARRY NIELSEN, Palm Springs, commented on Item 4.B., Medical Cannabis, and
stated his support for Cannahelp.
STACY HOCHANADEL, Palm Springs, commented on Item 4.B., Medical Cannabis,
and stated his support for Cannahelp.
MICHAEL RICE, Palm Springs, commented on Item 4.B., Medical Cannabis, and stated
his support for Cannahelp.
KURT HANDSHUH, stated his support for Palm Springs Compassionate Care.
COUNCILMEMBER COMMENTS:
Councilmember Foat requested staff follow-up on the Riviera Hotel complaints.
Mayor Pougnet commented on a concern over a recent appointment to the Human
Rights Commission.
CITY MANAGER'S REPORT: None.
City Council Minutes
April 7, 2010
Page 6
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.F., 2.1., 2.J., 2.K., 21. 2.M. and
2.N. Motion Councilmember Weigel, seconded by Mayor Pro Tem
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 April 7, 2010, City
Council Agenda. Approved as part of the Consent Calendar.
2.13. APPROVAL OF MINUTES:
ACTION: Approve the City Council and Community Redevelopment
Agency Minutes of March 17, 2010, and City Council Minutes of March 24,
2010- Approved as part of the Consent Calendar, noting the
abstention of Councilmember Mills on the March 17, 2010 Minutes.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 22685, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 02-20-10 BY WARRANTS NUMBERED 415463 THROUGH
415500 TOTALING $57,962.53, LIABILITY CHECKS NUMBERED
1040767 THROUGH 1040788 TOTALING $139,131.70, FIVE WIRE
TRANSFERS FOR $57,055.02, AND THREE ELECTRONIC ACH
DEBITS OF $1,076,994,49, IN THE AGGREGATE AMOUNT OF
$1,331,143.74, DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution
No. 22686, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS
AND DEMANDS BY WARRANTS NUMBERED 1040789 THROUGH
1040912, IN THE AGGREGATE AMOUNT OF $1,066,130.17, DRAWN
ON BANK OF AMERICA;" 3) Adopt Resolution No. 22687, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL
WARRANTS FOR THE PERIOD ENDED 3-06-10 BY WARRANTS
NUMBERED 415501 THROUGH 415542 TOTALING $63,030.36,
LIABILITY CHECKS NUMBERED 1040913 THROUGH 1040933
TOTALING $140,526.59, FIVE WIRE TRANSFERS FOR $58,165.02,
AND THREE ELECTRONIC ACH DEBITS OF $1,093,110.34, IN THE
AGGREGATE AMOUNT OF $1,354,832.31, DRAWN ON BANK OF
AMERICA;" 4) Adopt Resolution No. 22688, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1040934 THROUGH 1041042, IN THE AGGREGATE
AMOUNT OF $283,168.00, DRAWN ON BANK OF AMERICA;" 5) Adopt
Resolution No. 22689, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
City Council Minutes
April 7, 2010
Page 7
OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1041043
THROUGH 1041213, IN THE AGGREGATE AMOUNT OF $1,128,095,74,
DRAWN ON BANK OF AMERICA;" 6) Adopt Resolution No. 22690, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL
WARRANTS FOR THE PERIOD ENDED 3-20-10 BY WARRANTS
NUMBERED 415543 THROUGH 415586 TOTALING $68,744.18,
LIABILITY CHECKS NUMBERED 1041214 THROUGH 1041234
TOTALING $141,548.69, FIVE WIRE TRANSFERS FOR $79,411,71,
AND THREE ELECTRONIC ACH DEBITS OF $1,103,743.55, IN THE
AGGREGATE AMOUNT OF $1,393,448.13, DRAWN ON BANK OF
AMERICA; and 7) Adopt Resolution No. 22691, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1041235 THROUGH 1041330, IN THE AGGREGATE
AMOUNT OF $496,527.48, DRAWN ON BANK OF AMERICA."
Approved as part of the Consent Calendar, noting the abstention of
Councilmember Foat on Warrant No. 1040802.
2.D. TREASURER'S INVESTMENT REPORT AS OF FEBRUARY 28, 2010:
ACTION: Receive and file the Treasurer's Investment Report as of
February 28, 2010. Approved as part of the Consent Calendar.
2.F. AMENDMENT NO. 8 TO AGREEMENT NO. A5488 WITH ALLEN F.
SMOOT & ASSOCIATES FOR OWNER'S REPRESENTATIVE
AGREEMENT TO REFLECT AN EXTENSION OF ONE YEAR,
ADDITIONAL TIME ALLOCATION FOR PRE-CONSTRUCTION
SERVICES FOR THE ANIMAL SHELTER PROJECT, THE INCLUSION
OF CONSTRUCTION SERVICES FOR THE ANIMAL SHELTER AND
WELWOOD LIBRARY PROJECTS SHOULD THE CITY COUNCIL
ELECT TO PROCEED WITH THOSE PROJECTS:
ACTION: 1) Approve Amendment No. 8 to Agreement Na. A5488 with
Allen F. Smoot & Associates, for Owner Representative Services,
extending the term for one year, authorizing additional pre-construction
services for the Animal Shelter Project, and authorizing construction
period services on the Animal Shelter and Welwood Library Projects
should the City Council award construction contracts for these projects;
and 2) Authorize the City Manager to execute all necessary documents.
A5488. Approved as part of the Consent Calendar.
2.1. PROPOSED RESOLUTION SUPPORTING THE DESERT CITIES
ENERGY PARTNERSHIP:
ACTION: Adopt Resolution No. 22692, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
SUPPORTING AN ENERGY PARTNERSHIP WITH SOUTHERN
CALIFORNIA EDISON, IMPERIAL IRRIGATION DISTRICT, SOUTHERN
City Council Minutes
April 7, 2010
Page 8
CALIFORNIA GAS COMPANY, AND OUR MEMBER AGENCIES TO BE
KNOWN AS "THE DESERT CITIES ENERGY PARTNERSHIP."
Approved as part of the Consent Calendar.
2.J. ACCEPT THE RESIGNATION OF APRIL HILDNER FROM THE
SUSTAINABILITY COMMISSION:
ACTION: 1) Accept with regret the resignation of April Hildner from the
Sustainability Commission; and 2) Direct the City Clerk to post a Notice of
Vacancy for the unexpired term ending June 30, 2011. Approved as part
of the Consent Calendar.
2.K. AWARD OF CONTRACT FOR THE JAMES O. JESSIE DESERT
HIGHLAND UNITY CENTER FENCING (INVITATION TO BID 10-0):
ACTION: 1) Approve an agreement with Geno's Overhead Doors & Gates
for the James 0. Jessie Desert Highland Unity Center Central Access-
Point Fence in the amount of $25,000 (IFB 10-05); and 2) Authorize the
City Manager to execute all necessary documents. A5965. Approved as
part of the Consent Calendar.
21. AWARD RFP 03-10 RETAIL MERCHANDISING UNITS TO EVA'S AT
THE PALM SPRINGS INTERNATIONAL AIRPORT:
ACTION: 1) Approve a five-year Non-Exclusive Operating and Lease
Agreement for two retail merchandising units at the Palm Springs
International Airport to Eva's At Palm Springs Airport effective September
1, 2010, through August 31, 2015; and 2) Authorize the City Manger to
execute all necessary documents. A5966. Approved as part of the
Consent Calendar.
2.M. APPROVE UNIVERSAL DESIGNATION OF THE CITY COUNCIL TO
SUBMIT DISASTER ASSISTANCE TO THE STATE OF CALIFORNIA,
OFFICE OF EMERGENCY SERVICES, FOR OBTAINING DISASTER
RELIEF AND EMERGENCY ASSISTANCE:
ACTION: 1) Designate David H. Ready, City Manager, as the Director of
Emergency Services, or Thomas Wilson, Assistant City Manager, or David
Barakian, City Engineer, to submit Disaster Assistance to the State of
California, Office of Emergency Services, for the purpose of obtaining
Disaster Relief and Emergency Assistance, and 2) Direct the City Clerk to
certify the Designation for the Office of Emergency Services. Approved
as part of the Consent Calendar.
2.N. COMMUNITY REDEVELOPMENT AGENCY APPROVAL OF CHANGE
ORDER NO. 2 TO THE AGREEMENT WITH G & M CONSTRUCTION
FOR THE SOUTH PALM CANYON DRIVE WIDENING PROJECT (CITY
PROJECT NO. 05-03):
ACTION: 1) Approve Change Order No. 2 to the Agreement with G & M
Construction in the amount of $22,841.89 for a revised total contract
City Council Minutes
April 7, 2010
Page 9
amount of $992,979.03 for the South Palm Canyon Widening Project (City
Project No. 05-03); and 2) Authorize the Executive Director or his
designee to execute all necessary documents. A5853. Approved as part
of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
Councilmember Foat stated she has a property/business related conflict of interest with
respect to Item 2.E., would not participate in the discussion or the vote, and left Council
Chamber-
2.E. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1770,
AN AMENDMENT TO THE PALM SPRINGS MUNICIPAL CODE FOR THE
PROPOSED RESTRUCTURING OF THE PALM SPRINGS BUSINESS
IMPROVEMENT DISTRICT IN THE DOWNTOWN AND UPTOWN AREAS OF
THE CITY:
ACTION: Waive further reading and adopt Ordinance No. 1770, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
SECTION 6 OF ORDINANCE NO. 1709 RELATING TO THE ESTABLISHMENT
OF AN ADVISORY BOARD TO THE CITY COUNCIL IN THE
ADMINISTRATION OF THE PALM SPRINGS BUSINESS IMPROVEMENT
DISTRICT." Motion Mayor Pro Tom Hutcheson, seconded by
Councilmember Mills and carried 3-1 on a roll call vote.
AYES: Councilmember Mills, Councilmember Weigel, and Mayor Pro Tern
Hutcheson.
NOES: Mayor Pougnet.
ABSENT: Councilmember Foat.
Councilmember Foat returned to the dais.
2.G. CHANGE ORDER NO. 2 TO AGREEMENT NO. A5895 WITH SIERRA
LANDSCAPE COMPANY FOR THE GENE AUTRY TRAIL GATEWAY
LANDSCAPE IMPROVEMENT PROJECT, FEDERAL AID PROJECT NO.
ESPLE-5282 (027) (CP 06-03):
ACTION: 1) Approve Change Order No. 2 to Agreement No. A5895 in the
amount of $32,019 with Sierra Landscape Company, for the Gene Autry Trail
Gateway Landscape Improvement Project, Federal Aid Project No. E"SPLE-
5282(027) (CP 06-03); and 2) Authorize the City Manager to execute all
necessary documents. A5895. Motion Councilmember Foat, seconded by
Councilmember Mills and unanimously carried on a roll call vote.
2.1-11. PURCHASE OF PLAYGROUND EQUIPMENT FOR BARI5TO PARK AND
DESERT HIGHLAND PARK:
ACTION: 1) Approve the purchase of playground equipment for Baristo Park
from Great Western Park & Playground, Inc. in a total amount not-to-exceed
City Council Minutes
April 7, 2010
Page 10
$109,867.02, including installation, utilizing the US Communities Cooperative
Purchase Contract No. 040376.14 for public agencies in the State of California;
2) Approve the purchase of playground equipment for Desert Highland Park from
Miracle Recreation Equipment Company in a total amount not to exceed
$115,091.85, including installation, utilizing the HGAC Cooperative Purchase
Contract No. PR11-08, for public agencies in the State of California; and 3)
Authorize the City Manager to execute all necessary documents. Motion Mayor
Pougnet, seconded by Councilmember Mills and unanimously carried on a
roll call vote.
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS:
4.A. MUSEUM MARKET PLAZA SPECIFIC PLAN MONTHLY UPDATE:
Tom Wilson, Assistant City Manager, provided a progress report on the
Museum Market Plaza Specific Plan.
No action taken.
4.B. SUSPEND THE PERMIT TO OPERATE A MEDICAL CANNABIS
COLLECTIVEICOOPERATIVE TO CANNAHELP (CITY COUNCIL
RESOLUTION NO. 22666), AND SCHEDULE A PUBLIC HEARING FOR
MAY 5, 2010, TO CONSIDER RESCISSION OF RESOLUTION NO.
22666 AND AWARD OF A MEDICAL CANNABIS
COLLECTIVE/COOPERATIVE PERMIT TO ANOTHER QUALIFIED
APPLICANT:
City Attorney Holland provided background information as outlined in the
staff report dated April 7, 2010.
ACTION: 1) Not to suspend the permit to operate a medical cannabis
collective/cooperative to Cannahelp granted pursuant to City Council
Resolution No. 22666 at this time; 2) Schedule a progress review for the
May 5, 2010, City Council meeting; 3) Direct staff to prepare a zone text
amendment to provide for a third medical cannabis collective/cooperative.
Motion Councilmember Foat, seconded by Mayor Pro Tern
Hutcheson and carried 3-2 on a roll call vote.
AYES: Councilmember Foat, Mayor Pro Tern Hutcheson, and
Mayor Pougnet.
NOES: Councilmember Mills and Councilmember Weigel.
Councilmember Mills stated he voted no only for the addition of the zone
text amendment to provide a third medical cannabis
collective/cooperative.
City Council Minutes
April 7, 2010
Page 11
S. NEW BUSINESS:
S.A. PROPOSED RESOLUTION AMENDING THE JOB CREATION
INCENTIVE PROGRAM ELIGIBILITY CRITERIA FOR THE MINIMUM
NUMBER OF NEW FULL TIME JOBS CREATED BY AN ELIGIBLE
COMPANY TO BE NO LESS THAN 50 FULL TIME JOBS:
Tom Wilson, Assistant City Manager, provided background information as
outlined in the staff report dated April 7, 2010.
ACTION: Adopt Resolution No. 22693, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
THE ELIGIBILITY CRITERIA FOR THE JOB CREATION INCENTIVE
PROGRAM AND AMENDING RESOLUTION NO. 19542." Motion
Councilmember Foat, seconded by Councilmember Mills and
unanimously carried on a roll call vote.
S.B. COMMUNITY REDEVELOPMENT AGENCY STATE-MANDATED
PAYMENT TO THE SUPPLEMENTAL EDUCATIONAL REVENUE
AUGMENTATION FUND (SERAF):
Tom Wilson, Assistant City Manager, provided background information as
outlined in the staff report dated April 7, 2010.
ACTION: 1) Adopt Resolution No. 1400, "A RESOLUTION OF THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS WITH
RESPECT TO THE 2009-10 PAYMENT TO THE EDUCATIONAL
REVENUE AUGMENTATION FUND AND PROVIDING OTHER
MATTERS PROPERLY RELATING THERETO;" and 2) Adopt Resolution
No. 1401, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
THE BUDGET FOR FISCAL YEAR 2009-10." Motion Councilmember
Weigel, seconded by Councilmember Foat and unanimously carried
on a roll call vote.
S.C. RELEASE OF ECONOMIC ANALYSIS OF THE CRITICAL HABITAT
DESIGNATION FOR THE CASEY'S JUNE BEETLE:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated April 7, 2010.
No action taken.
Councilmember Hutcheson stated he has a membership at the O'Donnell Golf
Club as such may create a conflict of interest with respect to Item 5.D., would not
participate in the discussion or the vote, and left Council Chamber.
City Council Minutes
April 7, 2010
Page 12
S.D. APPROVE THE SALE OF 765 SHARES OF WHITEWATER MUTUAL
WATER COMPANY STOCK OWNED PROPRIETARILY BY THE CITY
OF PALM SPRINGS TO THE DESERT WATER AGENCY:
City Attorney Holland provided background information as outlined in the
staff report dated April 7, 2010.
ACTION: 1) Approve the sale of 765 Shares of Whitewater Mutual Water
Company Stock proprietarily owned by the City of Palm Springs to the
Desert Water Agency; 2) Authorize the City Manager to execute such
agreements and documents as may be necessary, in a form approved by
the City Attorney, to complete the sale; 3) Authorize the City Clerk to
endorse the Stock Certificates to the Desert Water Agency; and 4) Direct
staff to place the proceeds from the O'Donnell shares into a separate
account not to be use until the claim is resolved. A5964. Motion
Councilmember Mills, seconded by Councilmember Foat and
unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Mills, Councilmember
Weigel, and Mayor Pougnet.
NOES: None.
ABSENT: Mayor Pro Tern Hutcheson.
Councilmember Hutcheson returned to the dais.
ACTION: Continue past the 10:00 p.m. tentative adjournment time. Motion
Councilmember Foat, seconded by Councilmember Mills and unanimously
carried (5-0).
S.E. SPONSORSHIP OF THE 2011 EASTER BOWL TENNIS TOURNAMENT
TO BE HELD IN THE CITY OF PALM SPRINGS:
City Manager Ready provided background information as outlined in the
staff report dated April 7, 2010.
ACTION: 1) Commit $25,000 Sponsorship of the 2011 Easter Bowl Tennis
Tournament to be held in the City of Palm Springs conditioned upon the
tennis courts to be brought up to current code and standards; 2) Direct
staff to appropriate $25,000 from the Special Events allocation in the 2010
Economic Recovery Program Funds for sponsorship of the event, and 3)
Authorize the City Manager to prepare and execute a Sponsorship
Agreement subject to final approval of the City Attorney. A5967. Motion
Councilmember Foat, seconded by Councilmember Mills and
unanimously carried on a roll call vote.
City Council Minutes
April 7, 2010
Page 13
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Mills requested staff address the lack of maintenance of median islands
at Vista Chino at Sunrise.
Councilmember Foat provided a report on Roy's Desert Resource Center.
ADJOURNMENT: The City Council adjourned, in memory of Joy Borg, at 10:08 p.m. to
a Regular Meeting Wednesday, April 21, 2010, at 6:00 P.M. Council Chamber, City Hall,
preceded by a Closed Session at 4:00 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
21ST DAY OF APRIL, 2010.
-
STEP EN P. POUG ET, MAYOR
ATTEST:
MES THOMPSON, CITY CLERK