HomeMy WebLinkAbout2009-03-25 CC MINUTES CITY COUNCIL.
COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
4)
MINUTES
WEDNESDAY, MARCH 25, 2009
City Hall Council Chamber
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:06 p.m.
PLEDGE OF ALLEGIANCE: Mayor Pro Tern Mills led the Pledge.
INVOCATION: Rabi Sally Olins, Temple Isaiah, led the Pledge.
ROLL CALL:
PRESENT: Councilmember Foat, Councilmember Hutcheson, Councilmember
Weigel, Mayor Pro Tern Mills, and Mayor Pougnet.
ABSENT: None.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS:
Mayor Pougnet requested a moment of silence for the fallen City of Oakland Police
Officers.
Mayor Pougnet and the City Council presented a video tribute to former Mayor Frank M.
Bogert.
Police Chief Dominguez and Councilmember Foat announced the upcoming Dog Day
Afternoon event.
Councilmember Weigel announced the activities at the recent United Way Fundraising
event.
Mayor Pougnet and the City Council proclaimed April, 2009 as Child Abuse Prevention
Month in the City of Palm Springs_
REPORT OF CLOSED SESSION: City Attorney Holland stated 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 Closed Session Agenda. No reportable actions were taken.
City Council Minutes
March 25, 2009
Page 2
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson stated the recommendation for Consent Calendar Item 2.F.,
should be modified to receive and approve the excused absences of VillageFest Board
Member Mark Spohn, and stated date for Consent Calendar Item 2.1., should be
modified to May 30, 2009.
Mayor Pougnet requested Item 2.N. be removed from the Consent Calendar for
separate discussion.
Councilmember Foat requested Items 2.E. and 2.N. be removed from the Consent
Calendar for separate discussion.
Councilmember Weigel requested Items 2.G., 2.H., 2.1., RA3., and RAS. be removed
from the Consent Calendar for separate discussion.
Mayor Pro Tern Mills noted his abstention on Item 2.8., and requested Item 21. be
removed from the Consent Calendar for separate discussion.
ACTION: Accept the Agenda as amended. Motion Councilmember Weigel,
seconded by Councilmember Foat and unanimously carried on a roll call vote.
1. PUBLIC HEARINGS:
1.A. JOINT MEETING WITH THE SUSTAINABILITY COMMISSION AND
PUBLIC DISCUSSION ON THE CITY OF PALM SPRINGS
SUSTAINABILITY MASTER PLAN AND CITY COUNCIL PUBLIC
HEARING APPROVING THE PALM SPRINGS ENERGY EFFICIENCY
PROGRAM AND THE REPORT PREPARED BY THE AUTHORIZED
OFFICER, ESTABLISHING A CONTRACTUAL ASSESSMENT
PROGRAM TO FINANCE (AB811) ENERGY IMPROVEMENTS, AND
CONFIRMING ASSESSMENTS TO BE LEVIED:
ACTION: 1) Continue the Public Hearing to May 13, 2009; 2) Direct the
City Clerk to post a Notice of Continued Public Hearing; and 3) Direct the
City Clerk to place the appointment of a City Council Subcommittee on the
April 1, 2009, City Council Agenda to review the draft document The Palm
Springs Path to a Sustainable Communit . Motion Councilmember
Foat, seconded by Mayor Pro Tem Mills and unanimously carried on
a roll call vote.
1.13. 35TH PROGRAM YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT 2009-10 ANNUAL ACTION PLAN AND CDBG BUDGET
APPROVAL, AUTHORIZATION TO SUBMIT TO THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GRANT
City Council Minutes
March 25, 2009
Page 3
NO. B-09-MC-06-0561 IN THE AMOUNT OF $506,696 AND
APPROVING SUBRECIPIENT AGREEMENTS:
ACTION: 1) Continue the Public Hearing to April 1, 2009, with no public
testimony at this time; 2) Direct the City Clerk to post a Notice of
Continued Public Hearing. Motion Councilmember Hutcheson,
seconded by Mayor Pro Tern Mills and unanimously carried on a roll
call vote.
The City of Palm Springs Community Redevelopment Agency convened at 6:31
p.m. for a Joint Meeting with the City Council_
Councilmember Mills stated he has a property related conflict of interest with
respect to the Ramon Road property in Item 1.C., and requested the City Council
bifurcate the discussion and the vote, and he would then not participate in the
discussion and the vote for the Ramon Road property.
1.C. JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE
COMMUNITY REDEVELOPMENT AGENCY APPROVING THE SALE
OF TWO PARCELS FROM THE AGENCY TO THE CITY LOCATED AT
3845 EAST RAMON ROAD (PROJECT AREA NO. 1) AND THE
NORTHEAST CORNER OF JIMINEZ CIRCLE AND ROSA PARKS
ROAD (PROJECT AREA NO. 1) AND THE ACCEPTANCE OF A
PROMISSORY NOTE IN THE AMOUNT OF 49,950:
Tom Wilson, Assistant City Manager, provided background information as
outlined in the staff report dated March 25, 2009.
Mayor Pougnet opened the public hearing for the Jiminez Circle property,
and no speakers coming forward the public hearing was closed.
ACTION: 1) Adopt Resolution No. 1380, "A RESOLUTION OF THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING THE SALE TO THE CITY OF
PALM SPRINGS THE PROPERTY LOCATED AT THE. NORTHEAST
CORNER OF JIMINEZ CIRCLE AND ROSA PARKS ROAD (APN 669-
353-001) IN THE AMOUNT OF $22,500, AND THE ACCEPTANCE OF A
PROMISSORY NOTE IN THE AMOUNT OF $22,500;" [CITY COUNCIL]
2) Adopt Resolution No. 22245, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING THE PURCHASE FROM THE COMMUNITY
REDEVELOPMENT AGENCY THE PROPERTY LOCATED AT THE
NORTHEAST CORNER OF JIMINEZ CIRCLE AND ROSA PARKS ROAD
(APN 669-353-001) IN THE AMOUNT OF $22,500, AND APPROVING
THE ISSUANCE OF A PROMISSORY NOTE IN THE AMOUNT OF
$22,500;" and 3) Authorize the Executive Director on behalf of the Agency,
and the City Manager on behalf of the City, to execute all documents
related to the transaction in a form acceptable to the City Attorney. Motion
City Council Minutes
March 25, 2009
Page 4
Mayor Pro Tern Mills, seconded by Councilmember Hutcheson and
unanimously carried on a roll call vote.
Councilmember Mills left Council Chamber for the Ramon Road portion of
the Public Hearing and vote.
Mayor Pougnet opened the public hearing for the Ramon Road property,
and no speakers coming forward the public hearing was closed.
ACTION: 1) Adopt Resolution No. 1381, "A RESOLUTION OF THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING THE SALE TO THE CITY OF
PALM SPRINGS THE PROPERTY LOCATED AT 3845 EAST RAMON
ROAD (APN 680-041-004) IN THE AMOUNT OF $27,450, AND THE
ACCEPTANCE OF A PROMISSORY NOTE IN THE AMOUNT OF
$27,450;" (CITY COUNCIL] 2) Adopt Resolution No. 22246, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING THE PURCHASE FROM THE
COMMUNITY REDEVELOPMENT AGENCY THE PROPERTY LOCATED
AT 3845 EAST RAMON ROAD (APN 680 041-004) IN THE AMOUNT OF
$27,450, AND APPROVING THE ISSUANCE OF A PROMISSORY NOTE
IN THE AMOUNT OF $27,450;" and 3) Authorize the Executive Director
on behalf of the Agency, and the City Manager on behalf of the City, to
execute all documents related to the transaction in a form acceptable to
the City Attorney. Motion Councilmember Weigel, seconded by
Councilmember Hutcheson and unanimously carried 4-0 on a roll call
vote.
AYES: Councilmember Foat, Councilmember Hutcheson,
Councilmember Weigel, and Mayor Pougnet.
NOES: None.
ABSENT: Mayor Pro Tern Mills.
Councilmember Mills returned to the dais.
PUBLIC COMMENT:
ERIC MEEKS, requested the City Council consider modifying the rules for VillageFest to
allow books sales.
DAVID CARDEN, spoke in support of Item 2.G., the suspension of the Noise Ordinance
for the White Party.
GARY JOHNS, requested the City Council consider the use of the AAC for more issues
and projects.
City Council Minutes
March 25, 2009
Page 5
BILL RANSOM, spoke in support of Item 2.G., the suspension of the Noise Ordinance
for the White Party.
JEFFREY SANKER, spoke in support of Item 2.G., the suspension of the Noise
Ordinance for the White Party.
AFTAB DADA, spoke in support of Item 2.G., the suspension of the Noise Ordinance for
the White Party.
DENNIS WAGNER, spoke in support of Item 2.G., the suspension of the Noise
Ordinance for the White Party.
JULIUS KAZEN, spoke in support of Item 2.G., the suspension of the Noise Ordinance
for the White Party.
WILLIE HOLLAND, stated his opposition to Item 2.G., the suspension of the Noise
Ordinance for the White Party, and noted his other concerns in the City.
TYLER McLEAN, spoke in support of Item 2.1., the suspension of the Noise Ordinance
for the Palm Springs High School Event.
MARK ANTON, spoke in support of Item 2.H., the suspension of the Noise Ordinance
for the AIDS Assistance Program Event.
RICHARD BYFORD, spoke in support of Item 2.H., the suspension of the Noise
Ordinance for the AIDS Assistance Program Event.
COUNCILMEMBER COMMENTS:
Councilmember Foat announced the upcoming Green Friday event, the upcoming Turn
Off Your Lights event, and requested staff review and report on the National League of
Cities Plan or Program to receive 20% discount on all prescription drugs.
Councilmember Mills commented on former Mayor Bogert.
Councilmember Hutcheson requested staff address Mr. Meeks' comments and the
VillageFest rules pertaining to the sale of books, and requested the City Manager
address airport noise and provide a Federal stimulus package update.
CITY MANAGER'S REPORT:
City Manager Ready requested Thomas Noland, Executive Director of Aviation, address
the increase in noise complaints at the Palm Springs International Airport
City Council Minutes
March 25, 2009
Page 6
RA. REDEVELOPMENT AGENCY CONSENT CALENDAR:
ACTION: Approve Items RA1., RA2., and RA4. Motion Councilmember Foat,
seconded by Mayor Pro Tom Mills and unanimously carried on a roll call
vote.
RA1. JOINT ITEM CITY COUNCIL AND COMMUNITY REDEVELOPMENT
AGENCY WITH RESPECT TO CALIFORNIA HEALTH AND SAFETY
CODE SECTION 33130 REDEVELOPMENT AREA PROPERTY
DISCLOSURES:
ACTION: Receive and file the California Health and Safety Code Section
33130 Project Area Property Disclosures for: 1) Councilmember Rick
Hutcheson [disclosing interests at 1276 North Palm Canyon]; 2)
Councilmember Lee Weigel [no reportable interests]; 3) Planning
Commissioner Douglas Donenfeld [no reportable interests]; and 4)
Planning Commissioner Tracy Conrad [no reportable interests]. Approved
as part of the Consent Calendar.
RA2. JOINT ITEM CITY COUNCIL AND COMMUNITY REDEVELOPMENT
AGENCY FUNDING OF THE 2008-09 LOW AND MODERATE INCOME
HOUSING FUND SET-ASIDE:
ACTION: [CITY COUNCIL] 1) Adopt Resolution No. 22447, "A
RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF PALM
SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS WITH
RESPECT TO THE 2008-09 DEPOSIT TO THE LOW AND MODERATE
INCOME HOUSING FUND;" and [COMMUNITY REDEVELOPMENT
AGENCY] 2) Adopt Resolution No. 1382, "A RESOLUTION OF THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS WITH
RESPECT TO THE 2008-09 DEPOSIT TO THE LOW AND MODERATE
INCOME HOUSING FUND;" and 3) Adopt Resolution No. 1383, "A
RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE
BUDGET FOR FISCAL YEAR 2008-09." Approved as part of the
Consent Calendar.
RA4. TRANSFER OF UNEXPENDED BOND PROCEEDS TO CAPITALIZED
INTEREST ACCOUNT:
ACTION: Adopt Resolution No. 1386, "A RESOLUTION OF THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING AND AUTHORIZING AND
DIRECTING EXECUTION OF A FOURTH SUPPLEMENTAL
INDENTURE RELATING TO ITS MERGED PROJECT NO. 1 TAX
ALLOCATION BONDS, 2007 SERIES A, AND PROVIDING OTHER
MATTERS PROPERLY RELATING THERETO." Approved as part of the
Consent Calendar.
City Council Minutes
March 25, 2009
Page 7
REDEVELOPMENT AGENCY EXCLUDED CONSENT CALENDAR:
RA3, STATE-MANDATED PAYMENT TO THE EDUCATION REVENUE
AUGMENTATION FUND (ERAF):
ACTION: 1) Adopt Resolution No. 1384, "A RESOLUTION OF THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS WITH
RESPECT TO THE 2008-09 PAYMENT TO THE EDUCATION REVENUE
AUGMENTATION FUND AN❑ PROVIDING OTHER MATTERS
PROPERLY RELATING THERETO, and 2) Adopt Resolution No. 1385,
"A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE
BUDGET FOR FISCAL YEAR 2008-09." Motion Councilmember Foat,
seconded by Mayor Pro Tern Mills and unanimously carried on a roll
call vote.
RA5. APPROVE AMENDMENT NO. 1 TO THE OWNER PARTICIPATION
AGREEMENT WITH COACHELLA VALLEY HOUSING COALITION
DBA DESERT HIGHLAND ASSOCIATES, LP, FOR AN ADDITIONAL
$400,000 PROJECT FINANCING AND REDUCTION OF THE LOAN
INTEREST RATE FOR THE DEVELOPMENT OF A 57-UNIT
APARTMENT PROJECT LOCATED AT 555 ROSA PARKS ROAD:
ACTION: Adopt Resolution No. 1387, "A RESOLUTION OF THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE
OWNER PARTICIPATION AGREEMENT WITH COACHELLA VALLEY
HOUSING COALITION DBA DESERT HIGHLAND ASSOCIATES, LP, TO
PROVIDE $400,000 IN ADDITIONAL ASSISTANCE AND REDUCTION
OF THE LOAN INTEREST RATE FOR THE DEVELOPMENT OF THE
ROSA GARDENS APARTMENTS, A 57-UNIT APARTMENT PROJECT
ON A 4.45 ACRE SITE AT 555 ROSA PARKS ROAD, IN THE DESERT-
HIGHLAND GATEWAY ESTATES NEIGHBORHOOD, INCREASING THE
AGENCY FINANCIAL PARTICIPATION TO $1,600,000 IN GAP
FINANCING, MERGE❑ PROJECT AREA NO. 1." A0531C. Motion
Councilmember Foat, seconded by Councilmember Hutcheson and
unanimously carried on a roll call vote.
The Community Redevelopment Agency adjourned at 7:22 p.m., and the City Council
continued.
2, CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.F., 2.J., 2.K., 2.M., 2.0., 2_P.,
2.Q., and 2.R. Motion Councilmember Hutcheson, seconded by
Councilmember Weigel and unanimously carried on a roll call vote.
City Council Minutes
March 25, 2009
Page 8
2.A. REPORT ON POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the March 25, 2009,
City Council Agenda. Approved as part of the Consent Calendar.
2.13. APPROVAL OF MINUTES:
ACTION: Approve the City Council/Community Redevelopment Agency
Minutes of March 4, 2009, and the City Council Minutes of March 11,
2009. Approved as part of the Consent Calendar, noting the
abstention of Councilmember Mills on the March 4, 2009 Minutes.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 22448, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIM AND DEMAND BY WARRANT
NUMBERED 1033943 IN THE AGGREGATE AMOUNT OF $4,950.00,
DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution No. 22449, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND
DEMANDS BY WARRANTS NUMBERED 1033944 THROUGH 1034076
IN THE AGGREGATE AMOUNT OF $435,533.90, DRAWN ON BANK OF
AMERICA;" 3) Adopt Resolution No. 22450, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 02-21-09 BY WARRANTS NUMBERED 414404 THROUGH
414447 TOTALING $77,360.30, LIABILITY CHECKS NUMBERED
1034077 THROUGH 1034097 TOTALING $151,772.99, FOUR WIRE
TRANSFERS FOR $63,128.08, AND THREE ELECTRONIC ACH
DEBITS OF $1,159,518.03, IN THE AGGREGATE AMOUNT OF
$1,451,779.40, DRAWN ON BANK OF AMERICA;" 4) Adopt Resolution
No. 22451, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS
AND DEMANDS BY WARRANTS NUMBERED 1034098 THROUGH
1034275 IN THE AGGREGATE AMOUNT OF $969,651.05, DRAWN ON
BANK OF AMERICA;" 5) Adopt Resolution No. 22462, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY
WARRANTS NUMBERED 1034276 THROUGH 1034376 IN THE
AGGREGATE AMOUNT OF $1,639,661.20, DRAWN ON BANK OF
AMERICA-," and 6) Adopt Resolution No. 22453, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 3-07-09 BY WARRANTS NUMBERED 414448 THROUGH
414488 TOTALING $74,914.41, LIABILITY CHECKS NUMBERED
1034377 THROUGH 1034398 TOTALING $154,441.73, FOUR WIRE
TRANSFERS FOR $62,528.08, AND THREE ELECTRONIC ACH
City Council Minutes
March 25, 2009
Page 9
DEBITS OF $1,201,103.14, IN THE AGGREGATE AMOUNT OF
$1,492,987.36, DRAWN ON BANK OF AMERICA." Approved as part of
the Consent Calendar.
2.11). ADOPTION OF POLICY PERTAINING TO TICKETS DISTRIBUTED BY
THE CITY PURSUANT TO CALIFORNIA CODE OF REGULATIONS
18944.1:
ACTION: Adopt Resolution No. 22454, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
A TICKET DISTRIBUTION POLICY PURSUANT TO FAIR POLITICAL
PRACTICES COMMISSION REVISED REGULATION 18944.1."
Approved as part of the Consent Calendar.
2.F. ACCEPT THE RESIGNATION OF MARK SPOHN FROM THE
VILLAGEFEST BOARD:
ACTION: Receive and approve the request for excused absences of
VillageFest Board Member Mark Spohn. Approved as part of the
Consent Calendar.
2.J. AWARD OF CONTRACT FOR THE BASKETBALL AND TENNIS
COURT RESURFACING AT VARIOUS CITY PARKS (CITY PROJECT
NO. 08-24):
ACTION: 1) Approve an Agreement with California Surfacing in the
amount of $38,500, for The Basketball and Tennis Court Resurfacing, Bid
Schedules A, B, and C (City Project No. 08-24); and 2) Authorize the City
Manager to execute the Agreement. A5807. Approved as part of the
Consent Calendar.
2.K. APPROVAL OF A MEMORANDUM OF UNDERSTANDING RELATING
TO EAGLE CANYON DAM:
ACTION: 1) Approve a Memorandum of Understanding with the Riverside
County Flood Control and Water Conservation District, the City of
Cathedral City, and the Agua Caliente Band of Cahuilla Indians relating to
the Eagle Canyon Dam; and 2) Authorize the City Manager to execute the
Memorandum of Understanding. A5808. Approved as part of the
Consent Calendar.
2.M. APPROVE FIREWORKS FOR THE FOURTH OF JULY CELEBRATION:
ACTION: 1) Approve an Agreement with Pyro Spectacular, Inc., in an
amount not to exceed $35,000, for the July 4, 2009, Fireworks display at
Palm Springs Stadium; 2) Authorize the City Manager to execute the
Agreement. A5810. Approved as part of the Consent Calendar.
City Council Minutes
March 25, 2009
Page 10
2.0. PLANNING COMMISSION RESIGNATION AND PARKS AND
RECREATION COMMISSION RESIGNATION:
ACTION: 1) Accept the resignation of Toni Ringlein from the Planning
Commission, 2) Accept the resignation of Ronald Greenip from the Parks
and Recreation Commission; and 3) Direct the City Clerk to post a Notice
of Vacancy. Approved as part of the Consent Calendar,
2.P. STAFF AUTHORIZED AGREEMENTS FOR FEBRUARY 1 THROUGH
FEBRUARY 28, 2009:
ACTION: Receive and file the Staff Authorized Agreements covering the
period February 1 though February 28, 2009. Approved as part of the
Consent Calendar.
2.Q. APPROVE AMENDMENT NO. 1 TO THE AGREEMENT WITH INMATE
COMMUNICATIONS CORP TO PROVIDE TELEPHONE SERVICE IN
THE CITY JAIL:
ACTION: 1) Approve Amendment No. 1 to Agreement No. A5713 with
Inmate Communications Corp. to extend the Agreement for an additional
four (4) years; and 2) Authorize the City Manager to execute the
Agreement. A5173. Approved as part of the Consent Calendar.
2.R. PROPOSED RESOLUTION ESTABLISHING APPLICATION FILING
AND APPEAL FEES FOR MEDICAL CANNABIS COOPERATIVES OR
COLLECTIVES:
ACTION: Adopt Resolution No. 22458, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ESTABLISHING A FILING FEE FOR MEDICAL CANNABIS
COOPERATIVES OR COLLECTIVES APPLICATIONS AND AN APPEAL
FEE FOR MATTERS RELATED TO THE ADMINISTRATION OF PALM
SPRINGS MUNICIPAL CODE SECTION 93.22.00, AND AMENDING THE
COMPREHENSIVE FEE SCHEDULE ADOPTED BY RESOLUTION NO.
21578." Approved as part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2.E. SUMMARY VACATION OF PUBLIC UTILITY EASEMENTS WITHIN
LOTS 6 AND 7 OF PALM SPRINGS PALISADES MAP IN SECTION 15,
TOWNSHIP 4 SOUTH, RANGE 5 EAST, FILE R 08-022:
The City Council discussed and/or commented on delaying the summary
vacation due to the potential development of the site.
ACTION: Continue Item 2.E. Motion Councilmember Hutcheson,
seconded by Mayor Pro Tern Mills and unanimously carried on a roll
call vote.
City Council Minutes
March 25, 2009
Page 11
2.G. TEMPORARILY SUSPEND VARIOUS REGULATIONS OF THE PALM
SPRINGS MUNICIPAL CODE (NOISE, NOISE NUISANCE, SIGN AND
DANCES) AND APPROVE A CARNIVAL ON APRIL 10, APRIL 11, AND
APRIL 12, 2009, FOR THE WHITE PARTY, LOCATED AT 888 E.
TAHQUITZ CANYON WAY, 277 N. AVENIDA CABALLEROS AND 444
E. ARENAS ROAD (APPLICATION BY JEFFERY SANKER
ENTERTAINMENT):
Councilmember Weigel commented on the suspension of the Noise
Ordinance, and recommends the City suspend the Dance Ordinance and
the Outdoor Music Ordinance and allow the event without suspending the
Noise Ordinance, and requested the City Attorney and staff look at the
process of administratively approving events that will not require the
suspension of ordinances.
Councilmember Hutcheson commented on the important upcoming
events, and recommended the City Council review the process for the
future events.
MOTION: Adopt Resolution approving the event and carnival, suspending
the Sign Ordinance and the Dance Ordinance. Motion Councilmember
Weigel, seconded by Mayor Pro Tem Mills and failed 1-4 on a roll call
vote.
AYES: Councilmember Weigel.
NOES: Councilmember Foat, Councilmember Hutcheson, Mayor
Pro Tern Mills, and Mayor Pougnet.
ACTION: Adopt Resolution No. 22455, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
SUSPENDING THE NOISE ORDINANCE (CHAPTER 11.74.00), NOISE
NUISANCE (CHAPTER 11.08.040), SIGN ORDINANCE (CHAPTER
9.20.00), AND DANCES (CHAPTER 5.12), APPROVING A CARNIVAL
ON APRIL 10, 11, AND 12, 2009 TO FACILITATE THE PLANNED
EVENTS FOR THE WHITE PARTY LOCATED AT 888 EAST TAHQUITZ
CANYON WAY, 277 NORTH AVENIDA CABALLEROS AND 444 EAST
ARENAS ROAD." Motion Councilmember Hutcheson, seconded by
Councilmember Foat and carried 4-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember Hutcheson, Mayor
Pro Tern Mills, and Mayor Pougnet.
NOES: Councilmember Weigel.
City Council Minutes
March 25, 2009
Page 12
Councilmember Mills requested the event organizer consider in the future,
moving the last day event to.another location that is not as disruptive to
the neighborhood.
ACTION: Direct staff to review the approval of events and the suspension
of Ordinances, and schedule a City Council Study Session. By
consensus of the City Council.
2.H. TEMPORARILY SUSPEND THE, NOISE ORDINANCE ON APRIL 25,
2009, FOR THE AIDS ASSISTANCE PROGRAM GALA EVENT
LOCATED AT 301 NORTH BELARDO ROAD (APPLICATION BY
WALTER REED):
ACTION: Adopt Resolution No. 22456, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
SUSPENDING THE NOISE ORDINANCE (CHAPTER 11.74.00) AND
THE NOISE NUISANCE ORDINANCE (CHAPTER 11.08.040) FOR A
FUNDRAISING EVENT ON APRIL 25, 2009, FROM 9:30 P.M. TO 11:00
P.M., AT 301 NORTH BELARDO ROAD (O'DONNELL GOLF COURSE)."
Motion Councilmember Foat, seconded by Councilmember
Hutcheson and carried 4-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember Hutcheson, Mayor
Pro Tern Mills, and Mayor Pougnet.
NOES: Councilmember Weigel.
2.1. TEMPORARILY SUSPEND THE NOISE ORDINANCE ON MAY 30,
2009, FOR THE PALM SPRINGS HIGH SCHOOL DANCE
FUNDRAISER EVENT LOCATED AT 5955 EAST RAMON ROAD
(APPLICATION BY ASSOCIATED STUDENT BODY OF PALM
SPRINGS HIGH SCHOOL):
ACTION: Adopt Resolution No. 22457, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
SUSPENDING THE NOISE ORDINANCE (CHAPTER 11.74.00) AND
THE NOISE NUISANCE ORDINANCE (CHAPTER 11.08.040) FOR A
DANCE AND FUNDRAISING EVENT ON MAY 30, 2009 FROM 8:00 P.M.
TO 12:00 A.M., AT 5955 EAST RAMON ROAD (SOUTHEAST CORNER
OF RAMON ROAD AND CROSSLEY ROAD)." Motion Councilmember
Hutcheson, seconded by Mayor Pougnet and carried 4-1 on a roll call
vote.
AYES: Councilmember Foat, Councilmember Hutcheson, Mayor
Pro Tern Mills, and Mayor Pougnet.
NOES: Councilmember Weigel.
21. APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH RGA
LANDSCAPE ARCHITECTS, INC FOR THE TAHQUITZ CANYON WAY
City Council Minutes
March 25, 2009
Page 13
MEDIAN, PALM SPRINGS CITY HALL, AND RIVERSIDE COUNTY
ADMINISTRATIVE OFFICES SCHEMATIC LANDSCAPE DESIGN (CITY
PROJECT NO. 08-20):
ACTION: 1) Approve an Agreement with RGA Landscape Architects, Inc.,
in the amount of $63,540 for preparation of schematic landscape plans for
the Tahquitz Canyon Way median (extending from Indian Canyon Drive to
El Cielo Road), Palm Springs City Hall, and the Riverside County
Administrative Offices complex (City Project No. 08-20) amending_the
Scope of Work Exhibit A to include landscape irrigation concepts; 2)
Authorize the City Manager to execute the Agreement; and 3) Direct the
City Manager to appoint a City Manager Steering Committee for the
project. A5809. Motion Mayor Pro Tern Mills, seconded by
Councilmember Hutcheson and unanimously carried on a roll call
vote.
2.N. APPROVAL TO RELEASE SOQ 14 09 FOR ARCHITECTURAL. DESIGN
TEAM SERVICES FOR THE RENOVATION AND REPURPOSING OF
THE WELWOOD MURRAY MEMORIAL LIBRARY AND THE JC FREY
BUILDINGS:
The City Council discussed and/or commented on the following with
respect to the renovation: proposed budget and estimates, renovation of
restrooms for the Frey Building and the development of restrooms in the
Welwood Building, the proposed timeline, and the proposed concepts for
the Welwood Memorial Library.
ACTION: Approve the release of SOO No. 14-09 for Architectural Design
Team Services for the renovation of the Welwood Murray Memorial
Library and the JC Frey Building. Motion Councilmember Weigel,
seconded by Mayor Pro Tern Mills and unanimously carried on a roll
call vote.
3. LEGISLATIVE:
3.A, PROPOSED ORDINANCE PERTAINING TO STATE VIDEO
FRANCHISE HOLDERS:
City Attorney Holland provided background information as outlined in the
staff report dated March 25, 2009.
ACTION: 1) Waive the reading of the ordinance text in its entirety and
read by title only; and 2) Introduce on first reading Ordinance No. 1759,
"AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADOPTING CHAPTER 5.79 OF TITLE 5 OF THE PALM SPRINGS
City Council Minutes
March 25, 2009
Page 14
MUNICIPAL CODE PERTAINING TO STATE VIDEO FRANCHISE
HOLDERS." Motion Mayor Pro Tem Mills, seconded by
Councilmember Hutcheson and unanimously carried on a roll call
vote.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS, None.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Mills thanked the community for their well wishes and commented on
his recent medical experience.
ADJOURNMENT: The City Council adjourned in memory of former Mayor Frank
Bogert at 8:17 p.m., to a Regular Meeting, Wednesday, April 1, 2009, 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
15T" DAY OF APRIL 2009.
�STEPhi N P. POUGMR
ATTEST:
/JMES THOMPSON, CITY CLERK