Video index
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
Roll Call: 4 members present, 2 members absent, 0 members excused.
PRESENTATIONS:
REPORT OF CLOSED SESSION:
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson stated that staff requests Item 4.A. be withdrawn from the Agenda.
Mayor Pro Tem Hutcheson requested Item 2.L. be removed from the Consent Calendar for separate discussion.
Mayor Pougnet requested Items 2.F. and 2.O. be removed from the Consent Calendar for separate discussion.
Motion to approve Accept the Agenda as amended. Moved by Mayor Pro Tem Hutcheson, seconded by Councilmember Weigel.
Vote to approve Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
1.A. APPEAL OF THE PLANNING COMMISSION DECISION DENYING A TYPE II CONDITIONAL USE PERMIT AND VARIANCE APPLICATION FOR THE CONSTRUCTION AND OPERATION OF A FORTY-SEVEN AND ONE-HALF FOOT HIGH WIRELESS COMMUNICATION MONOPOLE PROPOSED AT 2100 EAST RACQUET CLUB ROAD (APPLICANT/APPELLANT T-MOBILE WEST CORPORATION) (CASES 5.1246 CUP AND 6.523 VAR):
Staff Report Item 1.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated December 1, 2010.
Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.
JAMES ROGERS, Representing Applicant, commented on the points of the appeal and the concerns of the neighborhood including: visual issues, aviation safety issues, decreasing property values, and the design of the cell tower, stated the tower complies with all Federal Rules and Regulations, and commented on the points of concern to the Planning Commission including the proposed location, the cell services offered and coverage, the zoning code requirements, and structure height.
REV. DR. MICHAEL KEARNEY, commented on the selection process with the Center for Spiritual Living Palm Springs, stated that T-Mobile has addressed the issues, commented on the public process to the neighbors.
ROBERT WILSON, commented on the services of the Center for Spiritual Living and the programs offered to the Community, and stated the Center requires the rental of the small space to continue to maintain the property and provide community services.
PAUL HIETTER, commented on the services offered by the Center for Spiritual Living Palm Springs, and commented on the cash flow needs of the Center by the Cell Tower, commented on the visual impact and the outreach to the community.
GENE YOUNG, Palm Springs, spoke in opposition to the proposed cell tower, commented on the visual aspects and view, the proximity of the proposed tower to his residence, expressed concerns with the up-lighting, the zoning laws and property values.
MICHAEL TUCCI, stated the tower will obstruct the views of the surrounding areas, commented on his contact with the Center, noted this proposed tower was the closest to a residential area in the entire City of Palm Springs, adverse impacts to the surrounding properties, and requested the City Council deny the appeal.
GAIL GADDY, Palm Springs, commented on the proximity of the tower to his residence and the proposed lighting of the cell tower, and spoke in opposition to the proposed cell tower.
TOM HUFF, commented on the community meetings, the proximity of the tower to his residence, the design and height of the tower.
PETER DEMOPOULOS, commented on the proximity of the tower to his property, stated his opposition to the tower, commented on the adverse effects to property values, the obstruction of the mountain view, and cell phone reception in the area.
BILL CLEMENTS, stated he will have perfect view of the proposed tower, commented on property values and the condition of the neighborhood, the lighting of the tower, the impact to the surrounding community, and health impacts.
BARBARA EVES, Palm Springs, stated her support for the Planning Commission denial of the CUP, commented on the views and the proximity to the residential area.
FRED FABRICANT, commented on previous discussions limiting the height of buildings and other structures that affect the views of the mountains, spoke in opposition to the proposed cell tower.
ANDREW STARKE, requested the City Council uphold the unanimous decision of the Planning Commission to deny the proposed cell tower, commented on the zoning, on the lighting of the proposed cell tower, the height of the structure, stated this is a business decision of the Center.
VICKY STARKE, stated her opposition to the proposed cell tower, commented on the height of the structure, the lighting of the cell tower, the proximity to other homes to other cell towers in residential zones, and requested the City Council uphold the decision of the Planning Commission.
PAT STEWART, Palm Springs, stated she never received a letter from T-Mobile, commented on the lighting and the impact to the neighborhood, and requested the City Council deny the request from T-Mobile.
SAMUEL MILHAM, Indio, commented on the health impacts of cell towers, and requested the City Council deny the request.
DONALD BUCK, questioned the placement of the tower on the property, questioned is the property leased, can the tower be changed or increased in height, the shadow cast on his property, the lighting of the property.
MRS. BUCK, commented on the design of the structure, and requested the City Council uphold the decision of the Planning Commission, the effect on property values, and stated it should not be in the neighborhood.
WILLIE JAMES HOLLAND, SR., commented on the zoning for churches and residential zones, and questioned how the City Council can approve a tower for a single church.
JAMES ROGERS, Rebuttal, commented on the impact to the view, the claims of market value, the proximity to the residential area, stated there is no lighting on the tower.
No further speakers coming forward the public hearing was closed.
Mayor Pougnet requested staff address the location of the proposed tower on the site, the possibility of any future in height, the lighting on the pole.
Mayor Pro Tem Hutcheson stated his support to uphold the Planning Commission decision, and commented on the location and the opposition to the community and the proposed location.
Councilmember Weigel stated his support for the Planning Commission decision, and requested the staff address other sites in the immediate area and co-ability with sites on the same location.
Motion to approve Adopt Resolution No. 22832, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING T-MOBILE WEST CORPORATION'S APPEAL AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO DENY A CONDITIONAL USE PERMIT AND VARIANCE APPLICATION FOR THE CONSTRUCTION AND OPERATION OF A FORTY-SEVEN AND ONE-HALF FOOT HIGH WIRELESS COMMUNICATION MONOPOLE LOCATED AT 2100 EAST RACQUET CLUB ROAD (CASES. 5.1246 CUP AND 6.523 VAR)." Moved by Mayor Pro Tem Hutcheson, seconded by Councilmember Weigel.
Vote to approve Adopt Resolution No. 22832, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING T-MOBILE WEST CORPORATION'S APPEAL AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO DENY A CONDITIONAL USE PERMIT AND VARIANCE APPLICATION FOR THE CONSTRUCTION AND OPERATION OF A FORTY-SEVEN AND ONE-HALF FOOT HIGH WIRELESS COMMUNICATION MONOPOLE LOCATED AT 2100 EAST RACQUET CLUB ROAD (CASES. 5.1246 CUP AND 6.523 VAR)." (Approved) (Recorded at 01:32:17)
The City Council recessed at 7:32 p.m.
The City Council reconvened at 7:34 p.m.
PUBLIC COMMENT:
JUSTIN LANNING, commented on the state of businesses on North Palm Canyon, and requested the City Council extend the Christmas Lights on North Palm Canyon past Vista Chino.
FRED FABRICANT, commented on the settlement with Pointe Center Financial toward the Palm Springs Country Club Golf Course.
ANDREW STARKE, commented on Item 2.J. and requested the City Council support the contract with Palm Springs Power for use of the Palm Springs Stadium.
BRETT KLEIN, commented on Item 2.F. and requested the City Council initiate a General Plan amendment for non motorized transportation programs.
WILLIE JAMES HOLLAND, SR., commented on his recent arrest and complaints with the Palm Springs Police Department.
JOHN TYMON, commented on a recent issue with City Staff and staff of Community Partnership.
ANDREW HOUSTON, commented on Item 2.F. and stated his support for a General Plan amendment incorporating non motorized transportation.
COUNCILMEMBER COMMENTS:
Mayor Pougnet requested staff address the holiday lights in the Downtown area.
Mayor Pro Tem Hutcheson stated the City Council Business Retention Subcommittee has been looking at the North Palm Canyon business area for improvements.
CITY MANAGER'S REPORT:
2. CONSENT CALENDAR:
Motion to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.G., 2.H., 2.I., 2.J., 2.K., 2.M., and 2.N. Moved by Councilmember Weigel, seconded by Mayor Pro Tem Hutcheson.
Vote to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.G., 2.H., 2.I., 2.J., 2.K., 2.M., and 2.N. (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. ACCEPT THE RESIGNATION OF BARBARA BEATY FROM THE HUMAN RIGHTS COMMISSION:
Staff Report Item 2.D.
2.E. AGREEMENT WITH EVERGREEN RECYCLING SOLUTIONS FOR TECHNICAL ASSISTANCE AND PROFESSIONAL SERVICES ON SOLID WASTE AND RECYCLING:
Staff Report Item 2.E.
2.G. PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE 2010-11 ANNUAL ASPHALT OVERLAY PROJECT (CP 10-08):
Staff Report Item 2.G.
2.H. PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE 2010-11 ANNUAL SLURRY SEAL PROJECT (CP 10-09):
Staff Report Item 2.H.
2.I. AMENDMENT NO. 2 TO AGREEMENT NO. A5572 WITH BARTLE WELLS ASSOCIATES FOR A WASTEWATER RATE STUDY:
Staff Report Item 2.I.
2.J. AGREEMENT WITH PALM SPRINGS POWER FOR USE OF THE PALM SPRINGS STADIUM:
Staff Report Item 2.J.
2.K. CONTINUATION OF THE RIDESHARE REIMBURSEMENT PROGRAM AND APPROVE THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) AB2766 MEMORANDUM OF UNDERSTANDING (MOU):
Staff Report Item 2.K.
2.M. TREASURER'S INVESTMENT REPORT AS OF OCTOBER 31, 2010:
Staff Report Item 2.M.
2.N. TRACT MAP 34165 AND SUBDIVISION IMPROVEMENT AGREEMENT WITH O & M, LLC FOR A 53 LOT RESIDENTIAL SUBDIVISION LOCATED AT THE SOUTHEAST CORNER OF AVENIDA CABALLEROS AND ALEJO ROAD:
Staff Report Item 2.N.
EXCLUDED CONSENT CALENDAR:
2.F. INITIATION OF AN AMENDMENT TO THE CITY OF PALM SPRINGS GENERAL PLAN TO INCORPORATE THE NON MOTORIZED TRANSPORTATION PLAN:
Staff Report Item 2.F.
Mayor Pougnet highlighted the goals of the plan with the City, CVAG, and surrounding cities.
Motion to approve Initiate an amendment to the General Plan to incorporate the Non Motorized Transportation Plan. Moved by Mayor Pro Tem Hutcheson, seconded by Councilmember Weigel.
Vote to approve Initiate an amendment to the General Plan to incorporate the Non Motorized Transportation Plan. (Approved) (Recorded at 01:57:45)
2.L. AMENDMENT NO. 3 TO AGREEMENT NO. A5300 WITH MERCHANTS LANDSCAPE SERVICES FOR ADDITIONAL LANDSCAPE MAINTENANCE IN THE AMOUNT OF $4,958.81 PER YEAR:
Staff Report Item 2.L.
Mayor Pro Tem Hutcheson stated he received a complaint from the Warm Sands Neighborhood regarding the landscaping in the area, and requested the City Manager review the services provided to the Warm Sands area.
Motion to 1) Approve Amendment No. 3 to Agreement No. A5300 in the amount of $4,957.81 per year, as well as authorize up to $5,000 per year for emergency (as needed) services for a total annual contract amount of up to $1,222,724.33: 2) Amend Section 1.8 of the Contract Services Agreement to allow the Contract Officer to increase the contract amount for added maintenance areas up to $25,000 annually, going forward through the end of the contract; and 3) Authorize the City Manager to execute all necessary documents. A5300. Moved by Mayor Pro Tem Hutcheson, seconded by Councilmember Weigel.
Vote to 1) Approve Amendment No. 3 to Agreement No. A5300 in the amount of $4,957.81 per year, as well as authorize up to $5,000 per year for emergency (as needed) services for a total annual contract amount of up to $1,222,724.33: 2) Amend Section 1.8 of the Contract Services Agreement to allow the Contract Officer to increase the contract amount for added maintenance areas up to $25,000 annually, going forward through the end of the contract; and 3) Authorize the City Manager to execute all necessary documents. A5300. (Approved)
2.O. OPPOSITION TO THE PROPOSED WHITEWATER LOCATION OF THE RIVERSIDE COUNTY REGIONAL DETENTION CENTER:
Staff Report Item 2.O.
Mayor Pougnet highlighted the opposition to the jail, the potential financial effects to tourism, and the comments from the CVA.
Motion to Adopt Resolution No. 22837, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OPPOSING THE PROPOSED WHITEWATER LOCATION OF THE RIVERSIDE COUNTY REGIONAL DETENTION CENTER." Moved by Mayor Pougnet, seconded by Mayor Pro Tem Hutcheson.
Vote to Adopt Resolution No. 22837, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OPPOSING THE PROPOSED WHITEWATER LOCATION OF THE RIVERSIDE COUNTY REGIONAL DETENTION CENTER." (Approved)
3. LEGISLATIVE:
4. UNFINISHED BUSINESS:
4.A. AMENDMENTS TO THE COMPREHENSIVE FEE SCHEDULE INCREASING SWIM CENTER FEES:
Staff Report Item 4.A.
Withdrawn from the Agenda at the request of staff.
4.B. MUSEUM MARKET PLAZA SPECIFIC PLAN UPDATE:
Tom Wilson, Assistant City Manager, provided an update on the Museum Market Plaza Specific Plan.
No action taken.
5. NEW BUSINESS:
5.A. REQUEST BY DOLLAR TREE, INC. FOR A RESOLUTION OF PUBLIC CONVENIENCE TO SELL BEER AND WINE FOR CONSUMPTION OFF PREMISES (TYPE 20 ALCOHOL LICENSE) AT THE EXISTING DOLLAR TREE STORE LOCATED AT 1717 EAST VISTA CHINO ROAD:
Staff Report Item 5.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated December 1, 2010.
Motion to approve Adopt Resolution No. 22838, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER AND WINE FOR OFF SITE CONSUMPTION (TYPE 20 ALCOHOL LICENSE) AT A RETAIL STORE LOCATED AT 1717 EAST VISTA CHINO ROAD, ZONE C-S-C, SECTION 12/T4/R4." Moved by Councilmember Weigel, seconded by Mayor Pro Tem Hutcheson.
Vote to approve Adopt Resolution No. 22838, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER AND WINE FOR OFF SITE CONSUMPTION (TYPE 20 ALCOHOL LICENSE) AT A RETAIL STORE LOCATED AT 1717 EAST VISTA CHINO ROAD, ZONE C-S-C, SECTION 12/T4/R4." (Declined)
5.B. APPOINT MEMBERS TO THE PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD:
Staff Report Item 5.B.
City Clerk Thompson provided background information as outlined in the staff report dated December 1, 2010.
Motion to approve 1) Appoint Larry Abel, Area Precinct 1 Representative, to the Palm Springs Business Improvement District Advisory Board; 2) Appoint Larry Bitonti, Area Precinct 2 Representative, to the Palm Springs Business Improvement District Advisory Board; 3) Appoint Tracy Heller, Area Precinct 3 Representative, to the Palm Springs Business Improvement District Advisory Board; 4) Appoint Keith McCormick, Area Precinct 4 Representative, to the Palm Springs Business Improvement District Advisory Board; 5) Appoint Diego Heredia, At-Large Representative, to the Palm Springs Business Improvement District Advisory Board; and 6) Continue to solicit and accept applications to fill the remaining two At-Large Representatives. Moved by Mayor Pro Tem Hutcheson, seconded by Councilmember Weigel.
Vote to approve 1) Appoint Larry Abel, Area Precinct 1 Representative, to the Palm Springs Business Improvement District Advisory Board; 2) Appoint Larry Bitonti, Area Precinct 2 Representative, to the Palm Springs Business Improvement District Advisory Board; 3) Appoint Tracy Heller, Area Precinct 3 Representative, to the Palm Springs Business Improvement District Advisory Board; 4) Appoint Keith McCormick, Area Precinct 4 Representative, to the Palm Springs Business Improvement District Advisory Board; 5) Appoint Diego Heredia, At-Large Representative, to the Palm Springs Business Improvement District Advisory Board; and 6) Continue to solicit and accept applications to fill the remaining two At-Large Representatives. (Approved) (Recorded at 02:08:29)
5.C. APPOINTMENT OF MAYOR PRO TEMPORE FOR THE TERM ENDING DECEMBER, 2011:
Staff Report Item 5.C.
City Clerk Thompson provided background information as outlined in the staff report dated December 1, 2010.
Mayor Pougnet opened nominations for Mayor pro tempore.
Mayor Pro Tem Hutcheson nominated Councilmember Weigel for Mayor pro tempore.
Hearing no further nominations, Mayor Pougnet closed nominations.
Motion to Appoint Councilmember Weigel as Mayor Pro Tempore for the term ending December, 2011. Moved by Mayor Pro Tem Hutcheson, seconded by Mayor Pougnet.
Vote to Appoint Councilmember Weigel as Mayor Pro Tempore for the term ending December, 2011. (Approved)
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Mayor Pougnet requested the City Manager review and place on an upcoming agenda the policy on the discount resident card.
ADJOURNMENT:
Dec 01, 2010 City Council Meeting
Full agenda
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CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
Roll Call: 4 members present, 2 members absent, 0 members excused.
PRESENTATIONS:
REPORT OF CLOSED SESSION:
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson stated that staff requests Item 4.A. be withdrawn from the Agenda.
Mayor Pro Tem Hutcheson requested Item 2.L. be removed from the Consent Calendar for separate discussion.
Mayor Pougnet requested Items 2.F. and 2.O. be removed from the Consent Calendar for separate discussion.
Motion to approve Accept the Agenda as amended. Moved by Mayor Pro Tem Hutcheson, seconded by Councilmember Weigel.
Vote to approve Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
1.A. APPEAL OF THE PLANNING COMMISSION DECISION DENYING A TYPE II CONDITIONAL USE PERMIT AND VARIANCE APPLICATION FOR THE CONSTRUCTION AND OPERATION OF A FORTY-SEVEN AND ONE-HALF FOOT HIGH WIRELESS COMMUNICATION MONOPOLE PROPOSED AT 2100 EAST RACQUET CLUB ROAD (APPLICANT/APPELLANT T-MOBILE WEST CORPORATION) (CASES 5.1246 CUP AND 6.523 VAR):
Staff Report Item 1.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated December 1, 2010.
Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.
JAMES ROGERS, Representing Applicant, commented on the points of the appeal and the concerns of the neighborhood including: visual issues, aviation safety issues, decreasing property values, and the design of the cell tower, stated the tower complies with all Federal Rules and Regulations, and commented on the points of concern to the Planning Commission including the proposed location, the cell services offered and coverage, the zoning code requirements, and structure height.
REV. DR. MICHAEL KEARNEY, commented on the selection process with the Center for Spiritual Living Palm Springs, stated that T-Mobile has addressed the issues, commented on the public process to the neighbors.
ROBERT WILSON, commented on the services of the Center for Spiritual Living and the programs offered to the Community, and stated the Center requires the rental of the small space to continue to maintain the property and provide community services.
PAUL HIETTER, commented on the services offered by the Center for Spiritual Living Palm Springs, and commented on the cash flow needs of the Center by the Cell Tower, commented on the visual impact and the outreach to the community.
GENE YOUNG, Palm Springs, spoke in opposition to the proposed cell tower, commented on the visual aspects and view, the proximity of the proposed tower to his residence, expressed concerns with the up-lighting, the zoning laws and property values.
MICHAEL TUCCI, stated the tower will obstruct the views of the surrounding areas, commented on his contact with the Center, noted this proposed tower was the closest to a residential area in the entire City of Palm Springs, adverse impacts to the surrounding properties, and requested the City Council deny the appeal.
GAIL GADDY, Palm Springs, commented on the proximity of the tower to his residence and the proposed lighting of the cell tower, and spoke in opposition to the proposed cell tower.
TOM HUFF, commented on the community meetings, the proximity of the tower to his residence, the design and height of the tower.
PETER DEMOPOULOS, commented on the proximity of the tower to his property, stated his opposition to the tower, commented on the adverse effects to property values, the obstruction of the mountain view, and cell phone reception in the area.
BILL CLEMENTS, stated he will have perfect view of the proposed tower, commented on property values and the condition of the neighborhood, the lighting of the tower, the impact to the surrounding community, and health impacts.
BARBARA EVES, Palm Springs, stated her support for the Planning Commission denial of the CUP, commented on the views and the proximity to the residential area.
FRED FABRICANT, commented on previous discussions limiting the height of buildings and other structures that affect the views of the mountains, spoke in opposition to the proposed cell tower.
ANDREW STARKE, requested the City Council uphold the unanimous decision of the Planning Commission to deny the proposed cell tower, commented on the zoning, on the lighting of the proposed cell tower, the height of the structure, stated this is a business decision of the Center.
VICKY STARKE, stated her opposition to the proposed cell tower, commented on the height of the structure, the lighting of the cell tower, the proximity to other homes to other cell towers in residential zones, and requested the City Council uphold the decision of the Planning Commission.
PAT STEWART, Palm Springs, stated she never received a letter from T-Mobile, commented on the lighting and the impact to the neighborhood, and requested the City Council deny the request from T-Mobile.
SAMUEL MILHAM, Indio, commented on the health impacts of cell towers, and requested the City Council deny the request.
DONALD BUCK, questioned the placement of the tower on the property, questioned is the property leased, can the tower be changed or increased in height, the shadow cast on his property, the lighting of the property.
MRS. BUCK, commented on the design of the structure, and requested the City Council uphold the decision of the Planning Commission, the effect on property values, and stated it should not be in the neighborhood.
WILLIE JAMES HOLLAND, SR., commented on the zoning for churches and residential zones, and questioned how the City Council can approve a tower for a single church.
JAMES ROGERS, Rebuttal, commented on the impact to the view, the claims of market value, the proximity to the residential area, stated there is no lighting on the tower.
No further speakers coming forward the public hearing was closed.
Mayor Pougnet requested staff address the location of the proposed tower on the site, the possibility of any future in height, the lighting on the pole.
Mayor Pro Tem Hutcheson stated his support to uphold the Planning Commission decision, and commented on the location and the opposition to the community and the proposed location.
Councilmember Weigel stated his support for the Planning Commission decision, and requested the staff address other sites in the immediate area and co-ability with sites on the same location.
Motion to approve Adopt Resolution No. 22832, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING T-MOBILE WEST CORPORATION'S APPEAL AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO DENY A CONDITIONAL USE PERMIT AND VARIANCE APPLICATION FOR THE CONSTRUCTION AND OPERATION OF A FORTY-SEVEN AND ONE-HALF FOOT HIGH WIRELESS COMMUNICATION MONOPOLE LOCATED AT 2100 EAST RACQUET CLUB ROAD (CASES. 5.1246 CUP AND 6.523 VAR)." Moved by Mayor Pro Tem Hutcheson, seconded by Councilmember Weigel.
Vote to approve Adopt Resolution No. 22832, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING T-MOBILE WEST CORPORATION'S APPEAL AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO DENY A CONDITIONAL USE PERMIT AND VARIANCE APPLICATION FOR THE CONSTRUCTION AND OPERATION OF A FORTY-SEVEN AND ONE-HALF FOOT HIGH WIRELESS COMMUNICATION MONOPOLE LOCATED AT 2100 EAST RACQUET CLUB ROAD (CASES. 5.1246 CUP AND 6.523 VAR)." (Approved) (Recorded at 01:32:17)
The City Council recessed at 7:32 p.m.
The City Council reconvened at 7:34 p.m.
PUBLIC COMMENT:
JUSTIN LANNING, commented on the state of businesses on North Palm Canyon, and requested the City Council extend the Christmas Lights on North Palm Canyon past Vista Chino.
FRED FABRICANT, commented on the settlement with Pointe Center Financial toward the Palm Springs Country Club Golf Course.
ANDREW STARKE, commented on Item 2.J. and requested the City Council support the contract with Palm Springs Power for use of the Palm Springs Stadium.
BRETT KLEIN, commented on Item 2.F. and requested the City Council initiate a General Plan amendment for non motorized transportation programs.
WILLIE JAMES HOLLAND, SR., commented on his recent arrest and complaints with the Palm Springs Police Department.
JOHN TYMON, commented on a recent issue with City Staff and staff of Community Partnership.
ANDREW HOUSTON, commented on Item 2.F. and stated his support for a General Plan amendment incorporating non motorized transportation.
COUNCILMEMBER COMMENTS:
Mayor Pougnet requested staff address the holiday lights in the Downtown area.
Mayor Pro Tem Hutcheson stated the City Council Business Retention Subcommittee has been looking at the North Palm Canyon business area for improvements.
CITY MANAGER'S REPORT:
2. CONSENT CALENDAR:
Motion to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.G., 2.H., 2.I., 2.J., 2.K., 2.M., and 2.N. Moved by Councilmember Weigel, seconded by Mayor Pro Tem Hutcheson.
Vote to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.G., 2.H., 2.I., 2.J., 2.K., 2.M., and 2.N. (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. ACCEPT THE RESIGNATION OF BARBARA BEATY FROM THE HUMAN RIGHTS COMMISSION:
Staff Report Item 2.D.
2.E. AGREEMENT WITH EVERGREEN RECYCLING SOLUTIONS FOR TECHNICAL ASSISTANCE AND PROFESSIONAL SERVICES ON SOLID WASTE AND RECYCLING:
Staff Report Item 2.E.
2.G. PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE 2010-11 ANNUAL ASPHALT OVERLAY PROJECT (CP 10-08):
Staff Report Item 2.G.
2.H. PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE 2010-11 ANNUAL SLURRY SEAL PROJECT (CP 10-09):
Staff Report Item 2.H.
2.I. AMENDMENT NO. 2 TO AGREEMENT NO. A5572 WITH BARTLE WELLS ASSOCIATES FOR A WASTEWATER RATE STUDY:
Staff Report Item 2.I.
2.J. AGREEMENT WITH PALM SPRINGS POWER FOR USE OF THE PALM SPRINGS STADIUM:
Staff Report Item 2.J.
2.K. CONTINUATION OF THE RIDESHARE REIMBURSEMENT PROGRAM AND APPROVE THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) AB2766 MEMORANDUM OF UNDERSTANDING (MOU):
Staff Report Item 2.K.
2.M. TREASURER'S INVESTMENT REPORT AS OF OCTOBER 31, 2010:
Staff Report Item 2.M.
2.N. TRACT MAP 34165 AND SUBDIVISION IMPROVEMENT AGREEMENT WITH O & M, LLC FOR A 53 LOT RESIDENTIAL SUBDIVISION LOCATED AT THE SOUTHEAST CORNER OF AVENIDA CABALLEROS AND ALEJO ROAD:
Staff Report Item 2.N.
EXCLUDED CONSENT CALENDAR:
2.F. INITIATION OF AN AMENDMENT TO THE CITY OF PALM SPRINGS GENERAL PLAN TO INCORPORATE THE NON MOTORIZED TRANSPORTATION PLAN:
Staff Report Item 2.F.
Mayor Pougnet highlighted the goals of the plan with the City, CVAG, and surrounding cities.
Motion to approve Initiate an amendment to the General Plan to incorporate the Non Motorized Transportation Plan. Moved by Mayor Pro Tem Hutcheson, seconded by Councilmember Weigel.
Vote to approve Initiate an amendment to the General Plan to incorporate the Non Motorized Transportation Plan. (Approved) (Recorded at 01:57:45)
2.L. AMENDMENT NO. 3 TO AGREEMENT NO. A5300 WITH MERCHANTS LANDSCAPE SERVICES FOR ADDITIONAL LANDSCAPE MAINTENANCE IN THE AMOUNT OF $4,958.81 PER YEAR:
Staff Report Item 2.L.
Mayor Pro Tem Hutcheson stated he received a complaint from the Warm Sands Neighborhood regarding the landscaping in the area, and requested the City Manager review the services provided to the Warm Sands area.
Motion to 1) Approve Amendment No. 3 to Agreement No. A5300 in the amount of $4,957.81 per year, as well as authorize up to $5,000 per year for emergency (as needed) services for a total annual contract amount of up to $1,222,724.33: 2) Amend Section 1.8 of the Contract Services Agreement to allow the Contract Officer to increase the contract amount for added maintenance areas up to $25,000 annually, going forward through the end of the contract; and 3) Authorize the City Manager to execute all necessary documents. A5300. Moved by Mayor Pro Tem Hutcheson, seconded by Councilmember Weigel.
Vote to 1) Approve Amendment No. 3 to Agreement No. A5300 in the amount of $4,957.81 per year, as well as authorize up to $5,000 per year for emergency (as needed) services for a total annual contract amount of up to $1,222,724.33: 2) Amend Section 1.8 of the Contract Services Agreement to allow the Contract Officer to increase the contract amount for added maintenance areas up to $25,000 annually, going forward through the end of the contract; and 3) Authorize the City Manager to execute all necessary documents. A5300. (Approved)
2.O. OPPOSITION TO THE PROPOSED WHITEWATER LOCATION OF THE RIVERSIDE COUNTY REGIONAL DETENTION CENTER:
Staff Report Item 2.O.
Mayor Pougnet highlighted the opposition to the jail, the potential financial effects to tourism, and the comments from the CVA.
Motion to Adopt Resolution No. 22837, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OPPOSING THE PROPOSED WHITEWATER LOCATION OF THE RIVERSIDE COUNTY REGIONAL DETENTION CENTER." Moved by Mayor Pougnet, seconded by Mayor Pro Tem Hutcheson.
Vote to Adopt Resolution No. 22837, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OPPOSING THE PROPOSED WHITEWATER LOCATION OF THE RIVERSIDE COUNTY REGIONAL DETENTION CENTER." (Approved)
3. LEGISLATIVE:
4. UNFINISHED BUSINESS:
4.A. AMENDMENTS TO THE COMPREHENSIVE FEE SCHEDULE INCREASING SWIM CENTER FEES:
Staff Report Item 4.A.
Withdrawn from the Agenda at the request of staff.
4.B. MUSEUM MARKET PLAZA SPECIFIC PLAN UPDATE:
Tom Wilson, Assistant City Manager, provided an update on the Museum Market Plaza Specific Plan.
No action taken.
5. NEW BUSINESS:
5.A. REQUEST BY DOLLAR TREE, INC. FOR A RESOLUTION OF PUBLIC CONVENIENCE TO SELL BEER AND WINE FOR CONSUMPTION OFF PREMISES (TYPE 20 ALCOHOL LICENSE) AT THE EXISTING DOLLAR TREE STORE LOCATED AT 1717 EAST VISTA CHINO ROAD:
Staff Report Item 5.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated December 1, 2010.
Motion to approve Adopt Resolution No. 22838, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER AND WINE FOR OFF SITE CONSUMPTION (TYPE 20 ALCOHOL LICENSE) AT A RETAIL STORE LOCATED AT 1717 EAST VISTA CHINO ROAD, ZONE C-S-C, SECTION 12/T4/R4." Moved by Councilmember Weigel, seconded by Mayor Pro Tem Hutcheson.
Vote to approve Adopt Resolution No. 22838, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER AND WINE FOR OFF SITE CONSUMPTION (TYPE 20 ALCOHOL LICENSE) AT A RETAIL STORE LOCATED AT 1717 EAST VISTA CHINO ROAD, ZONE C-S-C, SECTION 12/T4/R4." (Declined)
5.B. APPOINT MEMBERS TO THE PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD:
Staff Report Item 5.B.
City Clerk Thompson provided background information as outlined in the staff report dated December 1, 2010.
Motion to approve 1) Appoint Larry Abel, Area Precinct 1 Representative, to the Palm Springs Business Improvement District Advisory Board; 2) Appoint Larry Bitonti, Area Precinct 2 Representative, to the Palm Springs Business Improvement District Advisory Board; 3) Appoint Tracy Heller, Area Precinct 3 Representative, to the Palm Springs Business Improvement District Advisory Board; 4) Appoint Keith McCormick, Area Precinct 4 Representative, to the Palm Springs Business Improvement District Advisory Board; 5) Appoint Diego Heredia, At-Large Representative, to the Palm Springs Business Improvement District Advisory Board; and 6) Continue to solicit and accept applications to fill the remaining two At-Large Representatives. Moved by Mayor Pro Tem Hutcheson, seconded by Councilmember Weigel.
Vote to approve 1) Appoint Larry Abel, Area Precinct 1 Representative, to the Palm Springs Business Improvement District Advisory Board; 2) Appoint Larry Bitonti, Area Precinct 2 Representative, to the Palm Springs Business Improvement District Advisory Board; 3) Appoint Tracy Heller, Area Precinct 3 Representative, to the Palm Springs Business Improvement District Advisory Board; 4) Appoint Keith McCormick, Area Precinct 4 Representative, to the Palm Springs Business Improvement District Advisory Board; 5) Appoint Diego Heredia, At-Large Representative, to the Palm Springs Business Improvement District Advisory Board; and 6) Continue to solicit and accept applications to fill the remaining two At-Large Representatives. (Approved) (Recorded at 02:08:29)
5.C. APPOINTMENT OF MAYOR PRO TEMPORE FOR THE TERM ENDING DECEMBER, 2011:
Staff Report Item 5.C.
City Clerk Thompson provided background information as outlined in the staff report dated December 1, 2010.
Mayor Pougnet opened nominations for Mayor pro tempore.
Mayor Pro Tem Hutcheson nominated Councilmember Weigel for Mayor pro tempore.
Hearing no further nominations, Mayor Pougnet closed nominations.
Motion to Appoint Councilmember Weigel as Mayor Pro Tempore for the term ending December, 2011. Moved by Mayor Pro Tem Hutcheson, seconded by Mayor Pougnet.
Vote to Appoint Councilmember Weigel as Mayor Pro Tempore for the term ending December, 2011. (Approved)
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Mayor Pougnet requested the City Manager review and place on an upcoming agenda the policy on the discount resident card.
ADJOURNMENT:
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