Video index
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
Roll Call: 6 members present, 0 members absent, 0 members excused.
PRESENTATIONS:
REPORT OF CLOSED SESSION:
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson stated staff requested Community Redevelopment Agency Item RA3. be withdrawn from the Agenda.
Councilmember Mills requested Item 2.I. be removed from the Consent Calendar for separate discussion.
Mayor Pro Tem Foat requested an addition to Item 2.B. Minutes of September 17, 2008, Item 5.F. on the September 17, 2008, Minutes to include the discussion of the positive economic impact to the City, and requested Item 2.F. be removed from the Consent Calendar for separate discussion.
Motion to approve Accept the Agenda as amended. Moved by Councilmember Hutcheson, seconded by Mayor Pro Tem Foat.
Vote to approve Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
1.A. AN APPEAL BY GRANT HOVAKIMYAN OF THE PLANNING COMMISSION'S ACTION OF AUGUST 27, 2008, DENYING CASE 3.3010 MAJ, TTM 35601, AND RELATED CASE 7.1296 AMM, AN APPLICATION FOR ARCHITECTURAL REVIEW OF A 7-UNIT CONDOMINIUM PROJECT, A TENTATIVE TRACT MAP FOR CONDOMINIUM PURPOSES AND AN ADMINISTRATIVE MINOR MODIFICATION SEEKING RELIEF FROM DEVELOPMENT STANDARDS FOR A PARCEL LOCATED AT 517 EAST VISTA CHINO ROAD:
Staff Report Item 1.A.
Craig Ewing, Director of Planning Services, provided information with respect to the request from the Applicant/Appellant.
Mayor Pougnet opened the public hearing, and no speakers coming forward the public hearing was closed.
Motion to approve Refer back to the Planning Commission at the request of the Applicant/Appellant. Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to approve Refer back to the Planning Commission at the request of the Applicant/Appellant. (Approved) (Recorded at 00:26:00)
1.B. ZONE TEXT AMENDMENT TO ESTABLISH POLICIES AND STANDARDS FOR NEIGHBORHOOD ENTRY SIGNS IN SINGLE FAMILY NEIGHBORHOODS:
Staff Report Item 1.B.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated October 1, 2008.
Mayor Pougnet opened the public hearing, and the following speaker addressed the City Council.
BARBARA MARSHALL, spoke in support of the proposed Zone Text Amendment, requested the City Council adopt the Ordinance, and requested a standard agreement and form be developed by the City.
No further speakers coming forward, the public hearing was closed.
Councilmember Hutcheson requested staff address the possibility of a sale or transfer of the property on which the sign is installed.
Mayor Pro Tem Foat requested staff clarify the type of sign and if the Neighborhood needs to have an agreement or consensus for the placement of a sign, requested provisions be added to the Ordinance for Neighborhood concurrence and standards for the signs, and questioned the ramifications with respect to transfer of the property.
Councilmember Mills stated he would prefer that a Neighborhood be required to have agreement and consensus for the installation of a sign, commented on the design aspects, and stated he supported in some limited cases, that signs be permitted in the public right-of-way.
Councilmember Weigel requested staff address a provision for allowing signs for only established Neighborhoods, and the process if the signs are not maintained.
Mayor Pro Tem Foat commented on the boundaries as established by the Neighborhood Organization, and allowing signs only in established Neighborhoods.
Councilmember Hutcheson commented on the threshold for the development of a Neighborhood Organization, and the ease of the process toward a Neighborhood Entry Sign.
Councilmember Mills commented on the potential impacts and concerns if the Sign Program is not restricted to established Neighborhood Organizations.
Motion to 1) Waive the reading of the ordinance text in its entirety and read by title only; 2) Introduce on first reading Ordinance No. 1751, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 93.20.03 AND 93.20.10 OF THE PALM SPRINGS ZONING CODE RELATING TO NEIGHBORHOOD ENTRY SIGNS"
amending Subsection C.9(e) of the ordinance to read "Prior to installation of any neighborhood entry sign, the property owner(s) shall execute a covenant running with the land regarding the long-term maintenance, subject to review and approval of the City Attorney."
Moved by Councilmember Mills, seconded by Mayor Pro Tem Foat.
Vote to 1) Waive the reading of the ordinance text in its entirety and read by title only; 2) Introduce on first reading Ordinance No. 1751, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 93.20.03 AND 93.20.10 OF THE PALM SPRINGS ZONING CODE RELATING TO NEIGHBORHOOD ENTRY SIGNS"
amending Subsection C.9(e) of the ordinance to read "Prior to installation of any neighborhood entry sign, the property owner(s) shall execute a covenant running with the land regarding the long-term maintenance, subject to review and approval of the City Attorney."
(Approved)
PUBLIC COMMENT:
MICHAEL STERN, commented on Item 4.A., Rainmaker Fountain, stated the Arts Commission recommended the Fountain be dismantled, and suggested the Red Echo piece could be installed and incorporated into the location.
DAVID AIKEN, Palm Springs, commented on Item 4.A., Rainmaker Fountain, and stated the Friends of the Fountain will commit $6,000 to retain the fountain.
ED HALL, commented on Item 4.A., Rainmaker Fountain, and stated the structure of the fountain should remain.
KARL BAKER, Councilmember Desert Hot Springs, stated he is in attendance as a Student in the Public Administration Class at California State University San Bernardino.
GP GERBER, commented on a problem his family is having with their business Landlord in Downtown, and the cost of commercial rents in the Downtown area.
DOUGLAS LANPHERE, commented on Item 3.B., Medical Cannabis Cooperatives, and urged the City Council to initiate the Zone Text Amendment.
STACY HOCHANADEL, commented on Item 3.B., Medical Cannabis Cooperatives, and recommended the City Council initiate the Zone Text Amendment.
COUNCILMEMBER COMMENTS:
Mayor Pro Tem Foat commented on rent and landlord issues in the Downtown area, and stated the City Council Subcommittee will ask the Mayor to host a meeting with the Landlords in the Downtown area.
CITY MANAGER'S REPORT:
City Manager Ready announced the completion of the undergrounding of utilities along the west side of Sunrise Way, provided an update on Code Enforcement activities in the City, and the progress of the abatement of the nuisance property located at 1507 San Jacinto Way.
2. CONSENT CALENDAR:
Motion to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.G., 2.H., 2.J., 2.K., and 2.L. Moved by Councilmember Hutcheson, seconded by Mayor Pro Tem Foat.
Vote to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.G., 2.H., 2.J., 2.K., and 2.L. (Approved)
2.A. REPORT ON POSTING OF THE AGENDA:
Staff Report Item 2.A.
2.B. APPROVAL OF MINUTES:
Staff Report Item 2.B.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
Staff Report Item 2.C.
2.D. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1750, REPEALING SECTION 11.44.100 OF THE PALM SPRINGS MUNICIPAL CODE, PROHIBITING DOGS IN PARKS AND RECREATION AREAS:
Staff Report Item 2.D.
2.E. AMENDMENT TO THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION EXPENDITURE PLAN AND RETAIL TRANSACTION AND USE TAX ORDINANCE NO. 88-1, THE "MEASURE A" PLAN:
Staff Report Item 2.E.
2.G. ASSIGNMENT OF AUTOMATED TELLER MACHINE LICENSE AGREEMENT NO. A5214, FROM PALM DESERT NATIONAL BANK TO U.S. BANK NATIONAL ASSOCIATION FOR THE PERIOD OCTOBER 1, 2008 THROUGH JANUARY 3, 2009:
Staff Report Item 2.G.
2.H. APPROVE CONTRACT SERVICES AGREEMENT FOR JANITORIAL SERVICES AT VARIOUS CITY FACILITIES:
Staff Report Item 2.H.
2.J. REQUEST TO HEAR RESOLUTIONS OF NECESSITY FOR THE INDIAN CANYON DRIVE / INTERSTATE 10 INTERCHANGE WIDENING PROJECT:
Staff Report Item 2.J.
2.K. ADOPTION OF THE LOCAL DEVELOPMENT MITIGATION FEE ORDINANCE FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN:
Staff Report Item 2.K.
2.L. AMENDMENT NO. 1 TO AGREEMENT NO. A5672 WITH GEORGE MIERS & ASSOCIATES, INC. FOR ARCHITECTURAL SERVICES RELATING TO THE ANIMAL SHELTER:
Staff Report Item 2.L.
EXCLUDED CONSENT CALENDAR:
2.F. UPDATE ON THE COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT:
Staff Report Item 2.F.
Mayor Pro Tem Foat commented on the excellent job representative Sharon Lock and Karl Baker have done on the Coachella Valley Mosquito and Vector Control District Board.
Motion to approve Receive and file the update on the Coachella Valley Mosquito and Vector Control District as submitted by City Representative Sharon Lock. Moved by Mayor Pro Tem Foat, seconded by Mayor Pougnet.
Vote to approve Receive and file the update on the Coachella Valley Mosquito and Vector Control District as submitted by City Representative Sharon Lock. (Approved) (Recorded at 01:18:11)
2.I. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE INDIAN CANYON DRIVE AT TAMARISK ROAD TRAFFIC SIGNAL INSTALLATION, FEDERAL AID PROJECT HSIPL-5282(028) CP 06-12:
Staff Report Item 2.I.
Councilmember Mills requested the City Engineer address the sequence of the traffic signals within the project.
Motion to approve 1) Approve the plans, specifications, and working details for the Indian Canyon Drive at Tamarisk Road Traffic Signal Installation, CP 06-12, Federal Aid Project HSIPL-5282(028); and 2) Authorize staff to advertise and solicit bids. Moved by Councilmember Mills, seconded by Councilmember Weigel.
Vote to approve 1) Approve the plans, specifications, and working details for the Indian Canyon Drive at Tamarisk Road Traffic Signal Installation, CP 06-12, Federal Aid Project HSIPL-5282(028); and 2) Authorize staff to advertise and solicit bids. (Approved) (Recorded at 01:19:02)
The City Council recessed at 7:15 p.m., and the Community Redevelopment Agency convened.
RA. COMMUNITY REDEVELOPMENT AGENCY:
RA1. APPROVAL OF MINUTES:
Staff Report Item RA1.
Motion to Approve the Community Redevelopment Agency Minutes of July 30, 2008. Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to Approve the Community Redevelopment Agency Minutes of July 30, 2008. (Approved)
RA2. APPROVAL OF AN AGREEMENT WITH THE FAIR HOUSING COUNCIL OF RIVERSIDE COUNTY, INC. IN THE AMOUNT OF $35,646 FOR FAIR HOUSING SERVICES:
Staff Report Item RA2.
Mayor Pro Tem Foat requested a comprehensive report on the issues within the City of Palm Springs including how they were resolved.
Motion to 1) Approve an agreement with the Fair Housing Council of Riverside County, Inc., for fair housing services in the amount of $35,646; and 2) Authorize the Executive Director to execute all necessary documents. A5729. Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to 1) Approve an agreement with the Fair Housing Council of Riverside County, Inc., for fair housing services in the amount of $35,646; and 2) Authorize the Executive Director to execute all necessary documents. A5729. (Approved)
RA3. AGENCY ASSISTANCE REQUEST FROM SUNQUITZ, LLC (LAURICH PROPERTIES) FOR THE DEVELOPMENT OF A VONS-ANCHORED SHOPPING CENTER AT THE NORTHWEST CORNER OF SUNRISE WAY AND TAHQUITZ CANYON WAY:
Staff Report Item RA3.
ACTION:
Item withdrawn from the Agenda at the request of staff.
The Community Redevelopment Agency adjourned at 7:17 p.m., and the City Council reconvened.
3. LEGISLATIVE:
3.A. ADOPTION OF THE LOCAL DEVELOPMENT MITIGATION FEE INTERIM URGENCY ORDINANCE FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN:
Staff Report Item 3.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated October 1, 2008.
Motion to Introduce, waive reading of, and adopt Ordinance No. 1752, "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS ADDING CHAPTER 8.95 TO THE PALM SPRINGS MUNICIPAL CODE ESTABLISHING A LOCAL DEVELOPMENT MITIGATION FEE FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN." Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to Introduce, waive reading of, and adopt Ordinance No. 1752, "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS ADDING CHAPTER 8.95 TO THE PALM SPRINGS MUNICIPAL CODE ESTABLISHING A LOCAL DEVELOPMENT MITIGATION FEE FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN." (Approved)
3.B. INITIATE AN ORDINANCE RELATING TO MEDICAL CANNABIS COOPERATIVES AND COLLECTIVES AS PERMITTED USES IN THE M-1 AND M-2 ZONES, AND REFER TO THE PLANNING COMMISSION FOR REVIEW AND RECOMMENDATION:
Staff Report Item 3.B.
City Attorney Holland provided background information as outlined in the staff report dated October 1, 2008.
The City Council discussed and/or commented on the following with respect to the proposed Zone Text Amendment: other regulations that the City may impose, the background decisions that moved the Zone Text Amendment forward, the opinion and guidelines of the California Attorney General, the effect of cooperatives if the Zone Text Amendment is not initiated, the process to form a cooperative, crime in the City due to street level drugs, limiting the number of establishments in the City, the importance of the program to the patients, the cooperatives may decrease the street level drugs, the 500 foot distance from certain uses, the distinction and elements between a land use ordinance or a regulatory ordinance, the potential for a Type 2 CUP process to restrict the number of establishments, the desire to hear the Chief of Police comment and receiving comments from the District Attorney’s Office, the City’s requirement for a business license for the proposed activities and the qualification or review of the activities being in compliance with the Attorney General Guidelines, providing the Planning Commission additional detail or direction, combining option 1 and 2 in some form and eliminating option 3, and the time and effort put forth by the City, the Task Force, and staff.
Motion to Initiate the proposed Ordinance establishing medical cannabis cooperatives and collectives as permitted uses in the M-1 and M-2 Zones and refer the Ordinance, along with regulatory options, to the Planning Commission for review and recommendation. Moved by Mayor Pro Tem Foat, seconded by Councilmember Mills.
Vote to Initiate the proposed Ordinance establishing medical cannabis cooperatives and collectives as permitted uses in the M-1 and M-2 Zones and refer the Ordinance, along with regulatory options, to the Planning Commission for review and recommendation. (Approved)
The City Council recessed at 8:00 p.m.
The City Council reconvened at 8:10 p.m.
4. UNFINISHED BUSINESS:
4.A. DISCUSSION OF THE FINAL DISPOSITION OF THE RAINMAKER FOUNTAIN LOCATED IN FRANCES STEVENS PARK:
Staff Report Item 4.A.
City Manager Ready provided background information as outlined in the staff report dated October 1, 2008.
The City Council discussed and/or commented on the following with respect to the Rainmaker Fountain: the specification and criteria of the bid, the water feature specialist study and recommendation that the specification, with regular maintenance, would repair the fountain, the previous history and maintenance of the fountain, the importance of the piece and the location, the possibility of simplifying the fountain to the main element and retention bowl, a plan to police the structure from vagrants, and the specifics of the consultants study and review.
Motion to Direct staff to return on October 15, 2008, with the proposed contracts to repair the fountain along with an additional contract to develop a detailed maintenance schedule. Moved by Councilmember Hutcheson, seconded by Councilmember Mills.
Vote to Direct staff to return on October 15, 2008, with the proposed contracts to repair the fountain along with an additional contract to develop a detailed maintenance schedule. (Approved)
5. NEW BUSINESS:
5.A. PURCHASE OF TWO 1,500 GALLON PER MINUTE TRIPLE COMBINATION FIRE ENGINES FROM PIERCE MANUFACTURING, INC:
Staff Report Item 5.A.
Blake Goetz, Fire Chief, provided background information as outlined in the staff report dated October 1, 2008.
The City Council discussed and/or commented on the following with respect to the purchase of new fire apparatus: the use of alternate fuel for public safety vehicles with heavy duty engines, and the meaning of reserve status.
Motion to 1) Approve a cooperative purchase of two (2) 1,500 GPM Triple Combination Fire Engines from Pierce Manufacturing, Inc. in the amount of $951,950.00 and pay the California State sales tax of $70,807.72 upon delivery; 2) Adopt Resolution No. 22354, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING A LEASE PURCHASE AGREEMENT WITH OSHKOSH CAPITAL FOR TWO 1,500 GPM TRIPLE COMBINATION FIRE ENGINES WITH ANNUAL INSTALLMENTS IN THE AMOUNT OF $130,725.26;" and 3) Authorize the City Manager to execute all necessary documents, subject to review and approval of the City Attorney. A5730. Moved by Councilmember Weigel, seconded by Mayor Pougnet.
Vote to 1) Approve a cooperative purchase of two (2) 1,500 GPM Triple Combination Fire Engines from Pierce Manufacturing, Inc. in the amount of $951,950.00 and pay the California State sales tax of $70,807.72 upon delivery; 2) Adopt Resolution No. 22354, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING A LEASE PURCHASE AGREEMENT WITH OSHKOSH CAPITAL FOR TWO 1,500 GPM TRIPLE COMBINATION FIRE ENGINES WITH ANNUAL INSTALLMENTS IN THE AMOUNT OF $130,725.26;" and 3) Authorize the City Manager to execute all necessary documents, subject to review and approval of the City Attorney. A5730. (Approved)
5.B. APPOINTMENTS TO THE RESOURCE CONSERVATION COMMISSION FOR THE TERMS ENDING JUNE 30, 2009, JUNE 30, 2010, AND JUNE 30, 2011:
Motion to approve 1) Reappoint Aileen Fields to the Resource Conservation Commission for the term ending June 30, 2011; 2) Appoint April Hildner, Armando Rancano and Mark Nichols to the Resource Conservation Commission for the term ending June 30, 2011; 3) Appoint Laurence Fechter to the Resource Conservation Commission for the term ending June 30, 2010; and 4) Appoint Paul Lewin to the Resource Conservation Commission for the term ending June 30, 2009. Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to approve 1) Reappoint Aileen Fields to the Resource Conservation Commission for the term ending June 30, 2011; 2) Appoint April Hildner, Armando Rancano and Mark Nichols to the Resource Conservation Commission for the term ending June 30, 2011; 3) Appoint Laurence Fechter to the Resource Conservation Commission for the term ending June 30, 2010; and 4) Appoint Paul Lewin to the Resource Conservation Commission for the term ending June 30, 2009. (Approved) (Recorded at 03:01:49)
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Weigel requested the City Council discuss the process of bringing items to the Agenda.
Councilmember Mills requested staff recognize Theresa Aurora for her work on the MSHCP, requested staff review with the Palm Springs Unified School District, the monitoring of student crossing at the traffic signal at Palm Springs High School, and reported on the League of California Cities Conference.
Mayor Pro Tem Foat reported on the League of California Cities Conference.
Mayor Pougnet requested the City Manager and the Director of Community and Economic Development follow-up on the attraction of a Martini Festival Event in the City.
ADJOURNMENT:
Oct 01, 2008 City Council Meeting
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CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
Roll Call: 6 members present, 0 members absent, 0 members excused.
PRESENTATIONS:
REPORT OF CLOSED SESSION:
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson stated staff requested Community Redevelopment Agency Item RA3. be withdrawn from the Agenda.
Councilmember Mills requested Item 2.I. be removed from the Consent Calendar for separate discussion.
Mayor Pro Tem Foat requested an addition to Item 2.B. Minutes of September 17, 2008, Item 5.F. on the September 17, 2008, Minutes to include the discussion of the positive economic impact to the City, and requested Item 2.F. be removed from the Consent Calendar for separate discussion.
Motion to approve Accept the Agenda as amended. Moved by Councilmember Hutcheson, seconded by Mayor Pro Tem Foat.
Vote to approve Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
1.A. AN APPEAL BY GRANT HOVAKIMYAN OF THE PLANNING COMMISSION'S ACTION OF AUGUST 27, 2008, DENYING CASE 3.3010 MAJ, TTM 35601, AND RELATED CASE 7.1296 AMM, AN APPLICATION FOR ARCHITECTURAL REVIEW OF A 7-UNIT CONDOMINIUM PROJECT, A TENTATIVE TRACT MAP FOR CONDOMINIUM PURPOSES AND AN ADMINISTRATIVE MINOR MODIFICATION SEEKING RELIEF FROM DEVELOPMENT STANDARDS FOR A PARCEL LOCATED AT 517 EAST VISTA CHINO ROAD:
Staff Report Item 1.A.
Craig Ewing, Director of Planning Services, provided information with respect to the request from the Applicant/Appellant.
Mayor Pougnet opened the public hearing, and no speakers coming forward the public hearing was closed.
Motion to approve Refer back to the Planning Commission at the request of the Applicant/Appellant. Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to approve Refer back to the Planning Commission at the request of the Applicant/Appellant. (Approved) (Recorded at 00:26:00)
1.B. ZONE TEXT AMENDMENT TO ESTABLISH POLICIES AND STANDARDS FOR NEIGHBORHOOD ENTRY SIGNS IN SINGLE FAMILY NEIGHBORHOODS:
Staff Report Item 1.B.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated October 1, 2008.
Mayor Pougnet opened the public hearing, and the following speaker addressed the City Council.
BARBARA MARSHALL, spoke in support of the proposed Zone Text Amendment, requested the City Council adopt the Ordinance, and requested a standard agreement and form be developed by the City.
No further speakers coming forward, the public hearing was closed.
Councilmember Hutcheson requested staff address the possibility of a sale or transfer of the property on which the sign is installed.
Mayor Pro Tem Foat requested staff clarify the type of sign and if the Neighborhood needs to have an agreement or consensus for the placement of a sign, requested provisions be added to the Ordinance for Neighborhood concurrence and standards for the signs, and questioned the ramifications with respect to transfer of the property.
Councilmember Mills stated he would prefer that a Neighborhood be required to have agreement and consensus for the installation of a sign, commented on the design aspects, and stated he supported in some limited cases, that signs be permitted in the public right-of-way.
Councilmember Weigel requested staff address a provision for allowing signs for only established Neighborhoods, and the process if the signs are not maintained.
Mayor Pro Tem Foat commented on the boundaries as established by the Neighborhood Organization, and allowing signs only in established Neighborhoods.
Councilmember Hutcheson commented on the threshold for the development of a Neighborhood Organization, and the ease of the process toward a Neighborhood Entry Sign.
Councilmember Mills commented on the potential impacts and concerns if the Sign Program is not restricted to established Neighborhood Organizations.
Motion to 1) Waive the reading of the ordinance text in its entirety and read by title only; 2) Introduce on first reading Ordinance No. 1751, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 93.20.03 AND 93.20.10 OF THE PALM SPRINGS ZONING CODE RELATING TO NEIGHBORHOOD ENTRY SIGNS"
amending Subsection C.9(e) of the ordinance to read "Prior to installation of any neighborhood entry sign, the property owner(s) shall execute a covenant running with the land regarding the long-term maintenance, subject to review and approval of the City Attorney."
Moved by Councilmember Mills, seconded by Mayor Pro Tem Foat.
Vote to 1) Waive the reading of the ordinance text in its entirety and read by title only; 2) Introduce on first reading Ordinance No. 1751, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 93.20.03 AND 93.20.10 OF THE PALM SPRINGS ZONING CODE RELATING TO NEIGHBORHOOD ENTRY SIGNS"
amending Subsection C.9(e) of the ordinance to read "Prior to installation of any neighborhood entry sign, the property owner(s) shall execute a covenant running with the land regarding the long-term maintenance, subject to review and approval of the City Attorney."
(Approved)
PUBLIC COMMENT:
MICHAEL STERN, commented on Item 4.A., Rainmaker Fountain, stated the Arts Commission recommended the Fountain be dismantled, and suggested the Red Echo piece could be installed and incorporated into the location.
DAVID AIKEN, Palm Springs, commented on Item 4.A., Rainmaker Fountain, and stated the Friends of the Fountain will commit $6,000 to retain the fountain.
ED HALL, commented on Item 4.A., Rainmaker Fountain, and stated the structure of the fountain should remain.
KARL BAKER, Councilmember Desert Hot Springs, stated he is in attendance as a Student in the Public Administration Class at California State University San Bernardino.
GP GERBER, commented on a problem his family is having with their business Landlord in Downtown, and the cost of commercial rents in the Downtown area.
DOUGLAS LANPHERE, commented on Item 3.B., Medical Cannabis Cooperatives, and urged the City Council to initiate the Zone Text Amendment.
STACY HOCHANADEL, commented on Item 3.B., Medical Cannabis Cooperatives, and recommended the City Council initiate the Zone Text Amendment.
COUNCILMEMBER COMMENTS:
Mayor Pro Tem Foat commented on rent and landlord issues in the Downtown area, and stated the City Council Subcommittee will ask the Mayor to host a meeting with the Landlords in the Downtown area.
CITY MANAGER'S REPORT:
City Manager Ready announced the completion of the undergrounding of utilities along the west side of Sunrise Way, provided an update on Code Enforcement activities in the City, and the progress of the abatement of the nuisance property located at 1507 San Jacinto Way.
2. CONSENT CALENDAR:
Motion to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.G., 2.H., 2.J., 2.K., and 2.L. Moved by Councilmember Hutcheson, seconded by Mayor Pro Tem Foat.
Vote to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.G., 2.H., 2.J., 2.K., and 2.L. (Approved)
2.A. REPORT ON POSTING OF THE AGENDA:
Staff Report Item 2.A.
2.B. APPROVAL OF MINUTES:
Staff Report Item 2.B.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
Staff Report Item 2.C.
2.D. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1750, REPEALING SECTION 11.44.100 OF THE PALM SPRINGS MUNICIPAL CODE, PROHIBITING DOGS IN PARKS AND RECREATION AREAS:
Staff Report Item 2.D.
2.E. AMENDMENT TO THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION EXPENDITURE PLAN AND RETAIL TRANSACTION AND USE TAX ORDINANCE NO. 88-1, THE "MEASURE A" PLAN:
Staff Report Item 2.E.
2.G. ASSIGNMENT OF AUTOMATED TELLER MACHINE LICENSE AGREEMENT NO. A5214, FROM PALM DESERT NATIONAL BANK TO U.S. BANK NATIONAL ASSOCIATION FOR THE PERIOD OCTOBER 1, 2008 THROUGH JANUARY 3, 2009:
Staff Report Item 2.G.
2.H. APPROVE CONTRACT SERVICES AGREEMENT FOR JANITORIAL SERVICES AT VARIOUS CITY FACILITIES:
Staff Report Item 2.H.
2.J. REQUEST TO HEAR RESOLUTIONS OF NECESSITY FOR THE INDIAN CANYON DRIVE / INTERSTATE 10 INTERCHANGE WIDENING PROJECT:
Staff Report Item 2.J.
2.K. ADOPTION OF THE LOCAL DEVELOPMENT MITIGATION FEE ORDINANCE FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN:
Staff Report Item 2.K.
2.L. AMENDMENT NO. 1 TO AGREEMENT NO. A5672 WITH GEORGE MIERS & ASSOCIATES, INC. FOR ARCHITECTURAL SERVICES RELATING TO THE ANIMAL SHELTER:
Staff Report Item 2.L.
EXCLUDED CONSENT CALENDAR:
2.F. UPDATE ON THE COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT:
Staff Report Item 2.F.
Mayor Pro Tem Foat commented on the excellent job representative Sharon Lock and Karl Baker have done on the Coachella Valley Mosquito and Vector Control District Board.
Motion to approve Receive and file the update on the Coachella Valley Mosquito and Vector Control District as submitted by City Representative Sharon Lock. Moved by Mayor Pro Tem Foat, seconded by Mayor Pougnet.
Vote to approve Receive and file the update on the Coachella Valley Mosquito and Vector Control District as submitted by City Representative Sharon Lock. (Approved) (Recorded at 01:18:11)
2.I. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE INDIAN CANYON DRIVE AT TAMARISK ROAD TRAFFIC SIGNAL INSTALLATION, FEDERAL AID PROJECT HSIPL-5282(028) CP 06-12:
Staff Report Item 2.I.
Councilmember Mills requested the City Engineer address the sequence of the traffic signals within the project.
Motion to approve 1) Approve the plans, specifications, and working details for the Indian Canyon Drive at Tamarisk Road Traffic Signal Installation, CP 06-12, Federal Aid Project HSIPL-5282(028); and 2) Authorize staff to advertise and solicit bids. Moved by Councilmember Mills, seconded by Councilmember Weigel.
Vote to approve 1) Approve the plans, specifications, and working details for the Indian Canyon Drive at Tamarisk Road Traffic Signal Installation, CP 06-12, Federal Aid Project HSIPL-5282(028); and 2) Authorize staff to advertise and solicit bids. (Approved) (Recorded at 01:19:02)
The City Council recessed at 7:15 p.m., and the Community Redevelopment Agency convened.
RA. COMMUNITY REDEVELOPMENT AGENCY:
RA1. APPROVAL OF MINUTES:
Staff Report Item RA1.
Motion to Approve the Community Redevelopment Agency Minutes of July 30, 2008. Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to Approve the Community Redevelopment Agency Minutes of July 30, 2008. (Approved)
RA2. APPROVAL OF AN AGREEMENT WITH THE FAIR HOUSING COUNCIL OF RIVERSIDE COUNTY, INC. IN THE AMOUNT OF $35,646 FOR FAIR HOUSING SERVICES:
Staff Report Item RA2.
Mayor Pro Tem Foat requested a comprehensive report on the issues within the City of Palm Springs including how they were resolved.
Motion to 1) Approve an agreement with the Fair Housing Council of Riverside County, Inc., for fair housing services in the amount of $35,646; and 2) Authorize the Executive Director to execute all necessary documents. A5729. Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to 1) Approve an agreement with the Fair Housing Council of Riverside County, Inc., for fair housing services in the amount of $35,646; and 2) Authorize the Executive Director to execute all necessary documents. A5729. (Approved)
RA3. AGENCY ASSISTANCE REQUEST FROM SUNQUITZ, LLC (LAURICH PROPERTIES) FOR THE DEVELOPMENT OF A VONS-ANCHORED SHOPPING CENTER AT THE NORTHWEST CORNER OF SUNRISE WAY AND TAHQUITZ CANYON WAY:
Staff Report Item RA3.
ACTION:
Item withdrawn from the Agenda at the request of staff.
The Community Redevelopment Agency adjourned at 7:17 p.m., and the City Council reconvened.
3. LEGISLATIVE:
3.A. ADOPTION OF THE LOCAL DEVELOPMENT MITIGATION FEE INTERIM URGENCY ORDINANCE FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN:
Staff Report Item 3.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated October 1, 2008.
Motion to Introduce, waive reading of, and adopt Ordinance No. 1752, "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS ADDING CHAPTER 8.95 TO THE PALM SPRINGS MUNICIPAL CODE ESTABLISHING A LOCAL DEVELOPMENT MITIGATION FEE FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN." Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to Introduce, waive reading of, and adopt Ordinance No. 1752, "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS ADDING CHAPTER 8.95 TO THE PALM SPRINGS MUNICIPAL CODE ESTABLISHING A LOCAL DEVELOPMENT MITIGATION FEE FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN." (Approved)
3.B. INITIATE AN ORDINANCE RELATING TO MEDICAL CANNABIS COOPERATIVES AND COLLECTIVES AS PERMITTED USES IN THE M-1 AND M-2 ZONES, AND REFER TO THE PLANNING COMMISSION FOR REVIEW AND RECOMMENDATION:
Staff Report Item 3.B.
City Attorney Holland provided background information as outlined in the staff report dated October 1, 2008.
The City Council discussed and/or commented on the following with respect to the proposed Zone Text Amendment: other regulations that the City may impose, the background decisions that moved the Zone Text Amendment forward, the opinion and guidelines of the California Attorney General, the effect of cooperatives if the Zone Text Amendment is not initiated, the process to form a cooperative, crime in the City due to street level drugs, limiting the number of establishments in the City, the importance of the program to the patients, the cooperatives may decrease the street level drugs, the 500 foot distance from certain uses, the distinction and elements between a land use ordinance or a regulatory ordinance, the potential for a Type 2 CUP process to restrict the number of establishments, the desire to hear the Chief of Police comment and receiving comments from the District Attorney’s Office, the City’s requirement for a business license for the proposed activities and the qualification or review of the activities being in compliance with the Attorney General Guidelines, providing the Planning Commission additional detail or direction, combining option 1 and 2 in some form and eliminating option 3, and the time and effort put forth by the City, the Task Force, and staff.
Motion to Initiate the proposed Ordinance establishing medical cannabis cooperatives and collectives as permitted uses in the M-1 and M-2 Zones and refer the Ordinance, along with regulatory options, to the Planning Commission for review and recommendation. Moved by Mayor Pro Tem Foat, seconded by Councilmember Mills.
Vote to Initiate the proposed Ordinance establishing medical cannabis cooperatives and collectives as permitted uses in the M-1 and M-2 Zones and refer the Ordinance, along with regulatory options, to the Planning Commission for review and recommendation. (Approved)
The City Council recessed at 8:00 p.m.
The City Council reconvened at 8:10 p.m.
4. UNFINISHED BUSINESS:
4.A. DISCUSSION OF THE FINAL DISPOSITION OF THE RAINMAKER FOUNTAIN LOCATED IN FRANCES STEVENS PARK:
Staff Report Item 4.A.
City Manager Ready provided background information as outlined in the staff report dated October 1, 2008.
The City Council discussed and/or commented on the following with respect to the Rainmaker Fountain: the specification and criteria of the bid, the water feature specialist study and recommendation that the specification, with regular maintenance, would repair the fountain, the previous history and maintenance of the fountain, the importance of the piece and the location, the possibility of simplifying the fountain to the main element and retention bowl, a plan to police the structure from vagrants, and the specifics of the consultants study and review.
Motion to Direct staff to return on October 15, 2008, with the proposed contracts to repair the fountain along with an additional contract to develop a detailed maintenance schedule. Moved by Councilmember Hutcheson, seconded by Councilmember Mills.
Vote to Direct staff to return on October 15, 2008, with the proposed contracts to repair the fountain along with an additional contract to develop a detailed maintenance schedule. (Approved)
5. NEW BUSINESS:
5.A. PURCHASE OF TWO 1,500 GALLON PER MINUTE TRIPLE COMBINATION FIRE ENGINES FROM PIERCE MANUFACTURING, INC:
Staff Report Item 5.A.
Blake Goetz, Fire Chief, provided background information as outlined in the staff report dated October 1, 2008.
The City Council discussed and/or commented on the following with respect to the purchase of new fire apparatus: the use of alternate fuel for public safety vehicles with heavy duty engines, and the meaning of reserve status.
Motion to 1) Approve a cooperative purchase of two (2) 1,500 GPM Triple Combination Fire Engines from Pierce Manufacturing, Inc. in the amount of $951,950.00 and pay the California State sales tax of $70,807.72 upon delivery; 2) Adopt Resolution No. 22354, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING A LEASE PURCHASE AGREEMENT WITH OSHKOSH CAPITAL FOR TWO 1,500 GPM TRIPLE COMBINATION FIRE ENGINES WITH ANNUAL INSTALLMENTS IN THE AMOUNT OF $130,725.26;" and 3) Authorize the City Manager to execute all necessary documents, subject to review and approval of the City Attorney. A5730. Moved by Councilmember Weigel, seconded by Mayor Pougnet.
Vote to 1) Approve a cooperative purchase of two (2) 1,500 GPM Triple Combination Fire Engines from Pierce Manufacturing, Inc. in the amount of $951,950.00 and pay the California State sales tax of $70,807.72 upon delivery; 2) Adopt Resolution No. 22354, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING A LEASE PURCHASE AGREEMENT WITH OSHKOSH CAPITAL FOR TWO 1,500 GPM TRIPLE COMBINATION FIRE ENGINES WITH ANNUAL INSTALLMENTS IN THE AMOUNT OF $130,725.26;" and 3) Authorize the City Manager to execute all necessary documents, subject to review and approval of the City Attorney. A5730. (Approved)
5.B. APPOINTMENTS TO THE RESOURCE CONSERVATION COMMISSION FOR THE TERMS ENDING JUNE 30, 2009, JUNE 30, 2010, AND JUNE 30, 2011:
Motion to approve 1) Reappoint Aileen Fields to the Resource Conservation Commission for the term ending June 30, 2011; 2) Appoint April Hildner, Armando Rancano and Mark Nichols to the Resource Conservation Commission for the term ending June 30, 2011; 3) Appoint Laurence Fechter to the Resource Conservation Commission for the term ending June 30, 2010; and 4) Appoint Paul Lewin to the Resource Conservation Commission for the term ending June 30, 2009. Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to approve 1) Reappoint Aileen Fields to the Resource Conservation Commission for the term ending June 30, 2011; 2) Appoint April Hildner, Armando Rancano and Mark Nichols to the Resource Conservation Commission for the term ending June 30, 2011; 3) Appoint Laurence Fechter to the Resource Conservation Commission for the term ending June 30, 2010; and 4) Appoint Paul Lewin to the Resource Conservation Commission for the term ending June 30, 2009. (Approved) (Recorded at 03:01:49)
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Weigel requested the City Council discuss the process of bringing items to the Agenda.
Councilmember Mills requested staff recognize Theresa Aurora for her work on the MSHCP, requested staff review with the Palm Springs Unified School District, the monitoring of student crossing at the traffic signal at Palm Springs High School, and reported on the League of California Cities Conference.
Mayor Pro Tem Foat reported on the League of California Cities Conference.
Mayor Pougnet requested the City Manager and the Director of Community and Economic Development follow-up on the attraction of a Martini Festival Event in the City.
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