Video index
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
Roll Call: 4 members present, 2 members absent, 0 members excused.
PRESENTATIONS:
The City Council took Item 5.C. out of order and was heard immediately following Presentations.
REPORT OF CLOSED SESSION:
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson stated staff has requested that Item 4.A. be withdrawn from the Agenda.
Mayor Pro Tem Hutcheson requested Items 2.K., 2.O., 2.W., and 2.X. be removed from the Consent Calendar for separate discussion.
Councilmember Weigel requested Item 2.S. be removed from the Consent Calendar, and noted his abstention on Item 2.B., July 7, 2010 Minutes.
Mayor Pougnet noted his abstention on Item 2.B., July 7, 2010 Minutes.
City Clerk Thompson requested the City Council table Items 2.B. and 2.S. to September 8, 2010.
Motion to Accept the Agenda as amended. Moved by Mayor Pro Tem Hutcheson, seconded by Councilmember Weigel.
Vote to Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
1.A. TRAVIS COMPANIES, INC. APPEAL OF THE PLANNING COMMISSION DECISION TO DENY A CONDITIONAL USE PERMIT AND VARIANCE FOR THE CONSTRUCTION AND OPERATION OF A GASOLINE SERVICE STATION WITHIN THE RIMROCK PLAZA AT THE SOUTHEAST CORNER OF EAST PALM CANYON DRIVE (HIGHWAY 111) AND MATTHEW DRIVE (4701 EAST PALM CANYON DRIVE) (CASE 5.1241 CUP & 6.521 VAR):
Staff Report Item 1.A. (Part 1)
Staff Report Item 1.A. (Part 2)
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated July 21, 2010.
Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.
BRIAN BRAATAN, Representing Applicant, outlined the history of the proposed project through the Planning Commission and the Architectural Advisory Committee, commented on the size of the proposed project, stated this was a phase of the recent remodel of the Vons and the Rimrock Plaza, commented on the economics of the project, the support by staff, and requested the design consultant outline the design changes to the project as requested by the AAC.
KARL HUY, Travis Companies, Inc., outlined the changes in design as requested by the AAC and the Planning Commission, stated the Applicant is willing to reduce the height of the canopy and the service building, and stated the Applicant is in full support of the proposed Conditions of the Approval for the project.
LANCE CALDWELL, stated his concerns with the environmental impact of the service station to the adjoining neighborhood and expressed concerns over the lighting of the project.
HAL CASTLE, commented on the customer service at Vons and concerns with the gas station operations.
HELEN HYDE, commented on the proximity of the gas station to the community and surrounding neighborhood, commented on ingress and egress with large delivery vehicles, the proximity to the closest fire station, and requested the City Council deny the appeal and the project.
KATE CASTLE, commented on the issues of sight, sounds and smells with the project, and requested the City Council deny the appeal of the CUP and the variance.
MARCIA DELANDO, Palm Springs, commented on the petition submitted by Vons and requested the City Council deny the CUP and the variance.
JOHN KARAS, Palm Springs, commented on the process.
SID CRAIG, stated his opposition to the project and commented on the lighting, the condition and size of the streets and traffic, and requested the City Council deny the project.
BRIAN BRAATAN, Rebuttal, commented on the other fueling stations operated by Vons, the community service and donations provided by Vons, stated the lighting plan meets the City ordinances, the fuel trucks and noise, and the proximity to the closest fuel station, the proximity to the nearest residence.
No further speakers coming forward, the public hearing was closed.
Mayor Pro Tem Hutcheson requested the Applicant address the landscaping and berm around the project.
Councilmember Weigel requested the Applicant address the design and size of the kiosk.
Mayor Pro Tem Hutcheson commented on the overall conditions at the Rimrock Center, and stated his support to overturn the Planning Commission decision.
Councilmember Weigel stated he is in support of Mayor Pro Tem Hutcheson, stated the use is proper for the location, but stated his concerns with the design and the kiosk building, and stated his support for overturning the decision of the Planning Commission.
Mayor Pougnet commented on the prior public hearings and commitment of Vons, and stated he would need additional information before he could entertain overruling the appeal.
Motion to 1) Grant the Appeal by the Travis Companies, approve a Conditional Use Permit and Variance for the construction and operation of a gasoline service station within the Rimrock Plaza (Case No. 5.1241 CUP and 6.521 VAR); and 2) Direct staff to prepare a Resolution and Conditions of Approval for such action. Moved by Mayor Pro Tem Hutcheson, seconded by Councilmember Weigel.
Vote to 1) Grant the Appeal by the Travis Companies, approve a Conditional Use Permit and Variance for the construction and operation of a gasoline service station within the Rimrock Plaza (Case No. 5.1241 CUP and 6.521 VAR); and 2) Direct staff to prepare a Resolution and Conditions of Approval for such action. (Approved)
Motion to 1) Continue the Public Hearing to September 8, 2010; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. Moved by Councilmember Weigel, seconded by Mayor Pro Tem Hutcheson.
Vote to 1) Continue the Public Hearing to September 8, 2010; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. (Approved)
The City Council recessed at 7:24 p.m.
The City Council reconvened at 7:30 p.m.
1.B. THE LOFTIN FIRM FOR PALM SPRINGS VIEW ESTATES MOBILE HOME PARK TENTATIVE TRACT MAP 34627, FOR THE CONVERSION OF AN EXISTING 184 UNIT RENTAL MOBILE HOME PARK INTO A CONDOMINIUM PARK FOR RESIDENT OWNERSHIP LOCATED AT 6300 BOLERO ROAD:
Staff Report Item 1.B.
City Attorney Holland provided background information as outlined in the staff report dated July 21, 2010.
Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.
THOMAS CASPERIAN, Representing Applicant, provided background information and history of the project, and the subsequent actions by the Court, and stated the application must be approved should all the requirements in the code be met, and stated the Applicant has complied with all codes and conditions.
SUE LOFTIN, Applicant, commented on the discretion of City Council in such an action, commented on funding for low income, the options for current residents and current law pertaining to current residents, and requested the City Council approve the TTM with the revised conditions.
CARL HACKLER, Palm Springs, commented on the history, the complaints and concerns of the residents, stated no homeowners will purchase the lot, and requested the City Council assist the residents in the next steps of the process.
ERMA ORSINO, Palm Springs, commented on Fair Housing and other equal protection laws that are being violated.
BILL LAPOINTE, requested the City Council pass along all the reasons for turning the project down to the other agencies who must rule on this application.
DICK MATHEWS, stated his support for the establishment of a reserve account for necessary capital systems such as sewer, electrical and roads, and requested the City Council refer on-site inspection of the property and the amount of the reserve account to other agencies, and rquest such restrictions by other agencies such as the Department of Real Estate.
CLEMENT LUMLEY, stated he has only been at the park for one-year, and was never informed of a conversion, and stated the residents should not purchase without disclosures from the owners of the park.
MELINDA WOOLLEY, commented on the low income residents in the park and the inability to purchase the lot.
ANNE MACINA, Palm Springs, commented on the lighting systems in the park, the pulling of the fire and police department inspections, the timing of the hearing, and the problems with the similar El Dorado Park.
TOM BENNETT, Palm Springs, commented on the conditions of the park, and the lack of options for residents.
SUE LOFTIN, Rebuttal, clarified that nothing is being offered for sale, stated the reserves is a signification process and component within the DRE process along with the physical inspections by the DRE, and reiterated the options for current residents, and requested the City Council approve the TTM with the revised conditions.
No further speakers coming forward, the public hearing was closed.
Mayor Pro Tem Hutcheson requested the City Manager prepare a report for any assistance to residents, and requested the City Attorney address if the City can inspect the property.
Councilmember Weigel requested the Applicant address the options for current residents, disclosures, commented on the lack of communication between the owners and residents, and requested the City Attorney address new information being submitted as for a denial of the TTM.
Mayor Pougnet requested the City Attorney address Fair Labor laws and standards that may apply to the circumstances, commented on the process and the status of the El Dorado Park.
Motion to Adopt Resolution No. 22760, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 34627 FOR THE CONVERSION OF AN EXISTING 184 SPACE RENTAL MOBILE HOME PARK TO A CONDOMINIUM PARK FOR RESIDENT OWNERSHIP LOCATED AT 6300 BOLERO ROAD IN THE R-MHP (MOBILEHOME PARK) ZONE SECTION 29." Moved by Mayor Pro Tem Hutcheson, seconded by Councilmember Weigel.
Vote to Adopt Resolution No. 22760, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 34627 FOR THE CONVERSION OF AN EXISTING 184 SPACE RENTAL MOBILE HOME PARK TO A CONDOMINIUM PARK FOR RESIDENT OWNERSHIP LOCATED AT 6300 BOLERO ROAD IN THE R-MHP (MOBILEHOME PARK) ZONE SECTION 29." (Approved)
1.C. COMMUNITY REDEVELOPMENT AGENCY SALE OF REAL PROPERTY LOCATED AT 342 NORTH PALM CANYON DRIVE TO CADENCE DEVELOPMENT, LLC IN THE AMOUNT OF $585,000 IN MERGED PROJECT AREA NO. 1:
Staff Report Item 1.C.
Tom Wilson, Assistant City Manager, provided background information as outlined in the staff report dated July 21, 2010.
Mayor Pougnet opened the public hearing, and no speakers coming forward the public hearing was closed.
Motion to approve Adopt Resolution No. 1405, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AGREEMENT FOR THE SALE OF REAL PROPERTY AND ESCROW INSTRUCTIONS WITH CADENCE DEVELOPMENT, LLC FOR PROPERTY LOCATED AT 342 NORTH PALM CANYON DRIVE (CORK 'N BOTTLE) IN MERGED PROJECT AREA NO. 1 FOR THE PURPOSE OF REHABILITATION AND RENOVATION IN THE AMOUNT OF $585,000." Moved by Mayor Pro Tem Hutcheson, seconded by Councilmember Weigel.
Vote to approve Adopt Resolution No. 1405, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AGREEMENT FOR THE SALE OF REAL PROPERTY AND ESCROW INSTRUCTIONS WITH CADENCE DEVELOPMENT, LLC FOR PROPERTY LOCATED AT 342 NORTH PALM CANYON DRIVE (CORK ‘N BOTTLE) IN MERGED PROJECT AREA NO. 1 FOR THE PURPOSE OF REHABILITATION AND RENOVATION IN THE AMOUNT OF $585,000." (Approved) (Recorded at 02:18:22)
1.D. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS CITYWIDE STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS FOR FISCAL YEAR 2010-11:
Staff Report Item 1.D.
David Barakian, City Engineer, provided background information as outlined in the staff report dated July 21, 2010.
Mayor Pougnet opened the public hearing, and no speakers coming forward the public hearing was closed.
Motion to 1) Adopt Resolution No. 22761, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 3."
2) Adopt Resolution No. 22762, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 3."
3) Adopt Resolution No. 22763, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6A."
4) Adopt Resolution No. 22764, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6A."
5) Adopt Resolution No. 22765, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6C."
6) Adopt Resolution No. 22766, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6C."
7) Adopt Resolution No. 22767, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 7."
8) Adopt Resolution No. 22768, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 7."
9) Adopt Resolution No. 22769, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 8."
10) Adopt Resolution No. 22770, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 8."
11) Adopt Resolution No. 22771, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 9."
12) Adopt Resolution No. 22772, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 9."
13) Adopt Resolution No. 22773, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 1 AND ZONE 2."
14) Adopt Resolution No. 22774, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 1 AND ZONE 2."
15) Adopt Resolution No. 22775, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS LANDSCAPE MAINTENANCE DISTRICT NO. 12."
16) Adopt Resolution No. 22776, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS LANDSCAPE MAINTENANCE DISTRICT NO. 12." Moved by Councilmember Weigel, seconded by Mayor Pro Tem Hutcheson.
Vote to 1) Adopt Resolution No. 22761, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 3."
2) Adopt Resolution No. 22762, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 3."
3) Adopt Resolution No. 22763, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6A."
4) Adopt Resolution No. 22764, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6A."
5) Adopt Resolution No. 22765, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6C."
6) Adopt Resolution No. 22766, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6C."
7) Adopt Resolution No. 22767, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 7."
8) Adopt Resolution No. 22768, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 7."
9) Adopt Resolution No. 22769, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 8."
10) Adopt Resolution No. 22770, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 8."
11) Adopt Resolution No. 22771, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 9."
12) Adopt Resolution No. 22772, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 9."
13) Adopt Resolution No. 22773, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 1 AND ZONE 2."
14) Adopt Resolution No. 22774, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 1 AND ZONE 2."
15) Adopt Resolution No. 22775, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS LANDSCAPE MAINTENANCE DISTRICT NO. 12."
16) Adopt Resolution No. 22776, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS LANDSCAPE MAINTENANCE DISTRICT NO. 12." (Approved)
PUBLIC COMMENT:
EMILY HEMPHILL, commented on Item 2.Z. and requested the City Council approve the agreement.
STEPHEN BOYD, provided an update on the Friends of the Animal Shelter and presented a $50,000 to the City for use of building the new animal shelter.
KAREN TABBAH, Palm Springs, commented on a recent experience with the Building Department and trying to obtain a building permit.
LEO BEENE, Palm Springs, commented on the security at the City parks.
STEVE ROSENBERG, commented on the Items pertaining to the Airport on the Agenda.
JOY MEREDITH, requested the City Council support Item 2.T. and 2.D. and requested the City Council support Item 2.W. and fund $50,000 to the BID.
JESSE DANNER, commented on Item 2.D. and requested the City Council dissolve the BID.
BORIS ROSE, commented on Item 2.D. and requested the City Council dissolve the BID.
RODOLFO CASTILLO, commented on Item 2.D., BID, and requested the City Council support a $50,000 contribution toward marketing of the Downtown.
COUNCILMEMBER COMMENTS:
Mayor Pro Tem Hutcheson requested the City staff respond to Karen Tabbah's issue with the Building Department.
Councilmember Weigel requested Item 2.I. be removed from the Consent Calendar for separate discussion.
CITY MANAGER'S REPORT:
City Manager Ready reported that payments to the BID are voluntary and will not be on the business license bill.
Michele Mician, Sustainability Manager, provided a report on grant received for an electric vehicle pilot program.
Mayor Pro Tem Hutcheson stated the report addressed his questions with respect to Item 2.O., and requested the Item be placed back on the Consent Calendar.
2. CONSENT CALENDAR:
Motion to Approve Items 2.A., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.J., 2.L., 2.M., 2.N., 2.O., 2.P., 2.Q., 2.R., 2.T., 2.U., 2.V., 2.Y., and 2.Z. Moved by Mayor Pro Tem Hutcheson, seconded by Councilmember Weigel.
Vote to Approve Items 2.A., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.J., 2.L., 2.M., 2.N., 2.O., 2.P., 2.Q., 2.R., 2.T., 2.U., 2.V., 2.Y., and 2.Z. (Approved)
2.A. REPORT ON POSTING OF THE AGENDA:
Staff Report Item 2.A.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
Staff Report Item 2.C.
2.D. PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT (BID), TAKING NO ACTION ON THE FISCAL YEAR 2010-11 ASSESSMENTS, AND AUTHORIZING VOLUNTARY PAYMENTS TO THE BID FOR FISCAL YEAR 2010-11:
Staff Report Item 2.D.
2.E. AMENDMENT NO. 1 TO AGREEMENT NO. A5924 WITH ESCALANTE ARCHITECTS ADDING CIVIL ENGINEERING SERVICES FOR THE WELWOOD MURRAY MEMORIAL LIBRARY:
Staff Report Item 2.E.
2.F. SOFTWARE MAINTENANCE AGREEMENT FOR WEB BASED REGISTRATION FOR PROGRAMS AND FACILITY RENTALS:
Staff Report Item 2.F.
2.G. WASTEWATER TREATMENT PLANT PERIMETER FENCE (CP 08-11):
Staff Report Item 2.G.
2.H. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF INDIO TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE TERM ENDING JUNE 30, 2013:
Staff Report Item 2.H.
2.J. PROPOSED RESOLUTION IN SUPPORT OF THE MISSION SPRINGS WATER DISTRICT GROUNDWATER QUALITY PROTECTION PROJECT:
Staff Report Item 2.J.
2.L. JOINT ITEM CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY WITH RESPECT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 33130 REDEVELOPMENT AREA PROPERTY DISCLOSURES:
Staff Report Item 2.L.
2.M. AMENDMENT NO. 2 TO AGREEMENT NO. A5900 THE CONSTRUCTION COOPERATIVE AGREEMENT RELATED TO THE INDIAN CANYON DRIVE AT INTERSTATE 10 INTERCHANGE PROJECT (CP 00-14):
Staff Report Item 2.M.
2.N. AWARD OF IFB 10-09 FOR PALM TREE TRIMMING AT VARIOUS LOCATIONS IN THE CITY OF PALM SPRINGS:
Staff Report Item 2.N.
2.O. PROPOSED RESOLUTION IN SUPPORT OF THE CALIFORNIA CLEAN CARS PROGRAM:
Staff Report Item 2.O.
2.P. GREENHOUSE GAS EMISSION INVENTORY AGREEMENT WITH MICHAEL BRANDMAN ASSOCIATES IN THE AMOUNT OF $35,920:
Staff Report Item 2.P.
2.Q. AIRPORT IMPROVEMENT PROJECT FEDERAL GRANT IN THE AMOUNT OF $195,226 FOR PERIMETER FENCE IMPROVEMENTS PROFESSIONAL SERVICES:
Staff Report Item 2.Q.
2.R. AIRPORT IMPROVEMENT PROJECT FEDERAL GRANT MASTER PLAN ENVIRONMENTAL PHASE:
Staff Report Item 2.R.
2.T. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1778, EXTENDING THE TERM FOR PORTABLE "OPEN" SIGNS IN COMMERCIAL ZONES:
Staff Report Item 2.T.
2.U. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1779 RELATING TO CLAIMS FOR RECOVERY OF TAXES:
Staff Report Item 2.U.
2.V. AGREEMENT WITH UNITED PAVING FOR THE SAN LORENZO SHOULDER PAVING PROJECT IN THE AMOUNT OF $64,351 (CP 08-05):
Staff Report Item 2.V.
2.Y. PURCHASE, SITE PREPARATION, AND INSTALLATION OF A NEW FIRE DEPARTMENT 36' x 60' MODULAR CLASSROOM:
Staff Report Item 2.Y.
2.Z. REIMBURSEMENT AGREEMENT RELATED TO SUBDIVISION IMPROVEMENTS FOR TRACT NO 30046 BETWEEN THE CITY OF PALM SPRINGS AND RIDGEBACK MONTE SERENO, LLC:
Staff Report Item 2.Z.
EXCLUDED CONSENT CALENDAR:
2.B. APPROVAL OF MINUTES:
Staff Report Item 2.B.
Tabled to September 8, 2010.
2.I. PALM SPRINGS ANIMAL CARE FACILITY VALUE ENGINEERING, AGREEMENT NO. A5976 WITH W.E. O'NEIL CONSTRUCTION CO., (CP 07-24):
Staff Report Item 2.I.
Motion to approve 1) Authorize the City Manager to approve additional Value Engineering cuts during the months of July and August, 2010, up to an aggregate amount of $700,000; and 2) Authorize the City Manager to execute all necessary documents. A5976. Moved by Councilmember Weigel, seconded by Mayor Pro Tem Hutcheson.
Vote to approve 1) Authorize the City Manager to approve additional Value Engineering cuts during the months of July and August, 2010, up to an aggregate amount of $700,000; and 2) Authorize the City Manager to execute all necessary documents. A5976. (Approved) (Recorded at 02:50:44)
2.K. PROPOSED RESOLUTION IN SUPPORT OF AB 2706 (LOWENTHAL) AMENDING THE CAL. CIVIL CODE TO DEEM VIOLENCE AGAINST HOMELESS PEOPLE OR THEIR PROPERTY AS A HATE CRIME FOR CIVIL LITIGATION:
Staff Report Item 2.K.
Mayor Pro Tem Hutcheson questioned if the Bill would inhibit the efforts of the Police Department, and suggested the City Council table the Item to September 8, 2010.
ACTION:
Tabled to September 8, 2010.
By consensus of the City Council.
2.S. APPROVE THE THIRD PERMIT FOR THE OPERATION OF A MEDICAL CANNABIS COLLECTIVE/COOPERATIVE TO ORGANIC SOLUTIONS OF THE DESERT AT 560 WILLIAMS ROAD (CASE NO. MC 09-002):
Staff Report Item 2.S.
Tabled to September 8, 2010.
2.W. REQUEST FROM MAIN STREET PALM SPRINGS TO FUND $50,000 FROM THE ECONOMIC DEVELOPMENT PLAN FOR THE PURPOSE OF PROVIDING MARKETING AND PROMOTIONAL ACTIVITIES IN THE DOWNTOWN AND UPTOWN AREAS IN FISCAL YEAR 2010-11:
Staff Report Item 2.W.
Mayor Pro Tem Hutcheson requested a City Council subcommittee be formed to interview candidates for the BID Board, and suggested the BID Board review the request for funding.
ACTION:
Direct staff to place the appointment of the City Council Subcommittee on the September 8, 2010 Agenda.
By consensus of the City Council.
2.X. REQUEST FROM THE GROUP FOR A $10,000 SPONSORSHIP FROM THE ECONOMIC DEVELOPMENT PLAN TO SUPPORT FIESTA DAYS IN PALM SPRINGS TO BE HELD SEPTEMBER 18 AND 19, 2010:
Staff Report Item 2.X.
Mayor Pro Tem Hutcheson requested the City Council consider sponsorship of the event, at a minimum of $5,000.
Motion to Authorize the City Manager to secure funding and sponsorship of the event in the amount of $5,000. Moved by Mayor Pro Tem Hutcheson, seconded by Councilmember Weigel.
Vote to Authorize the City Manager to secure funding and sponsorship of the event in the amount of $5,000. (Approved)
3. LEGISLATIVE:
4. UNFINISHED BUSINESS:
4.A. CITY MANAGER'S SIX MONTH UPDATE ON THE ECONOMIC RECOVERY AND DEVELOPMENT PLAN:
Staff Report Item 4.A.
Withdrawn from the Agenda at the request of staff.
5. NEW BUSINESS:
5.A. APPOINTMENT OF VARIOUS COMMISSIONERS AND BOARD MEMBERS AS PART OF THE 2010 ANNUAL RECRUITMENT PROCESS:
City Clerk Thompson provided background information as outlined in the Memorandum dated July 21, 2010.
Motion to
VillageFest Board:
1) Reappoint Robert Silverman to the VillageFest Board for the term ending June 30, 2013; and 2) Continue to accept applications for the VillageFest Board to fill the remaining four vacancies.
Human Rights Commission:
1) Reappoint Jerry Trussell and Sidney Craig to the Human Rights Commission for the term ending June 30, 2013; and 2) Appoint Jack Newby to the Human Rights Commission for the term ending June 30, 2013.
Administrative Appeals Board:
1) Reappoint William Johnson to the Administrative Appeals Board for the term ending June 30, 2013; and 2) Appoint Ted Grofer to the Administrative Appeals Board for the term ending June 30, 2013.
Library Board:
1) Reappoint David Gray to the Library Board for the term ending June 30, 2013; 2) Appoint Anthony Ellerd to the Library Board for the term ending June 30, 2013; and 3) Appoint Mark Zacovic to the Library Board for the term ending June 30, 2012.
Personnel Board:
1) Appoint Larry Smith to the Personnel Board for the term ending June 30, 2013.
Moved by Councilmember Weigel, seconded by Mayor Pro Tem Hutcheson.
Vote to
VillageFest Board:
1) Reappoint Robert Silverman to the VillageFest Board for the term ending June 30, 2013; and 2) Continue to accept applications for the VillageFest Board to fill the remaining four vacancies.
Human Rights Commission:
1) Reappoint Jerry Trussell and Sidney Craig to the Human Rights Commission for the term ending June 30, 2013; and 2) Appoint Jack Newby to the Human Rights Commission for the term ending June 30, 2013.
Administrative Appeals Board:
1) Reappoint William Johnson to the Administrative Appeals Board for the term ending June 30, 2013; and 2) Appoint Ted Grofer to the Administrative Appeals Board for the term ending June 30, 2013.
Library Board:
1) Reappoint David Gray to the Library Board for the term ending June 30, 2013; 2) Appoint Anthony Ellerd to the Library Board for the term ending June 30, 2013; and 3) Appoint Mark Zacovic to the Library Board for the term ending June 30, 2012.
Personnel Board:
1) Appoint Larry Smith to the Personnel Board for the term ending June 30, 2013.
(Approved)
5.B. PROFESSIONAL SERVICES AGREEMENT WITH CHEVRON ENERGY SOLUTIONS COMPANY FOR THE CITYWIDE ENERGY MANAGEMENT PROJECT (CP 09-05):
Staff Report Item 5.B.
David Barakian, City Engineer, provided background information as outlined in the staff report dated July 21, 2010.
Motion to approve 1) Approve an agreement with Chevron Energy Solutions, a division of Chevron USA, Inc., for energy management services for the Citywide Energy Management Project (CP 09-05); 2) Provide direction on the use of energy savings (maximization of general fund savings versus maximization of energy efficiency measures paid for with energy efficiency savings); 3) Provide direction on the use of solar photo-voltaic power at the Airport and City Hall parking lots as one available option to generate additional power to meet demand; and 4) Authorize the City Manager to execute all necessary documents. A6009. Moved by Mayor Pougnet, seconded by Councilmember Weigel.
Vote to approve 1) Approve an agreement with Chevron Energy Solutions, a division of Chevron USA, Inc., for energy management services for the Citywide Energy Management Project (CP 09-05); 2) Provide direction on the use of energy savings (maximization of general fund savings versus maximization of energy efficiency measures paid for with energy efficiency savings); 3) Provide direction on the use of solar photo-voltaic power at the Airport and City Hall parking lots as one available option to generate additional power to meet demand; and 4) Authorize the City Manager to execute all necessary documents. A6009. (Approved) (Recorded at 03:04:49)
The City Council heard Item 5.C. out of order following presentations.
5.C. PURCHASE OF REAL PROPERTY FROM THE BUREAU OF LAND MANAGEMENT, 119.3 ACRES LOCATED AT THE NORTHWEST CORNER OF TRAMVIEW ROAD AND INDIAN CANYON DRIVE, IN MERGED PROJECT AREA 1, FOR THE AMOUNT OF $2,102,000:
Staff Report Item 5.C.
Tom Wilson, Assistant City Manager, provided background information as outlined in the staff report dated July 21, 2010.
Mayor Pro Tem Hutcheson commented on the importance of the project of the diversification to the City and the local economy.
Motion to approve 1) Adopt Resolution No. 1406, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE DIRECT PURCHASE OF 119.3 +- ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF TRAMVIEW ROAD AND NORTH INDIAN CANYON DRIVE FROM THE BUREAU OF LAND MANAGEMENT FOR $2,102,000; APPROVING THE PROPERTY TRANSFER AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY AND THE DESERT COMMUNITY COLLEGE DISTRICT, AND APPROVING THE INITIAL STUDY NEGATIVE DECLARATION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT;" 2) Adopt Resolution No. 1407, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROPRIATING $2,102,000 FROM FUND BALANCE IN MERGED PROJECT AREA NO. 1;" and 3) Authorize the Executive Director to execute all necessary documents. A6010. Moved by Councilmember Weigel, seconded by Mayor Pro Tem Hutcheson.
Vote to approve 1) Adopt Resolution No. 1406, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE DIRECT PURCHASE OF 119.3 +- ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF TRAMVIEW ROAD AND NORTH INDIAN CANYON DRIVE FROM THE BUREAU OF LAND MANAGEMENT FOR $2,102,000; APPROVING THE PROPERTY TRANSFER AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY AND THE DESERT COMMUNITY COLLEGE DISTRICT, AND APPROVING THE INITIAL STUDY NEGATIVE DECLARATION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT;" 2) Adopt Resolution No. 1407, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROPRIATING $2,102,000 FROM FUND BALANCE IN MERGED PROJECT AREA NO. 1;" and 3) Authorize the Executive Director to execute all necessary documents. A6010. (Approved)
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Mayor Pougnet announced the upcoming birthday of the City Manager, and stated Councilmember Mills' mother Donna Mills passed, and requested the City Council adjourn in her memory.
ADJOURNMENT:
Jul 21, 2010 City Council Meeting
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CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
Roll Call: 4 members present, 2 members absent, 0 members excused.
PRESENTATIONS:
The City Council took Item 5.C. out of order and was heard immediately following Presentations.
REPORT OF CLOSED SESSION:
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson stated staff has requested that Item 4.A. be withdrawn from the Agenda.
Mayor Pro Tem Hutcheson requested Items 2.K., 2.O., 2.W., and 2.X. be removed from the Consent Calendar for separate discussion.
Councilmember Weigel requested Item 2.S. be removed from the Consent Calendar, and noted his abstention on Item 2.B., July 7, 2010 Minutes.
Mayor Pougnet noted his abstention on Item 2.B., July 7, 2010 Minutes.
City Clerk Thompson requested the City Council table Items 2.B. and 2.S. to September 8, 2010.
Motion to Accept the Agenda as amended. Moved by Mayor Pro Tem Hutcheson, seconded by Councilmember Weigel.
Vote to Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
1.A. TRAVIS COMPANIES, INC. APPEAL OF THE PLANNING COMMISSION DECISION TO DENY A CONDITIONAL USE PERMIT AND VARIANCE FOR THE CONSTRUCTION AND OPERATION OF A GASOLINE SERVICE STATION WITHIN THE RIMROCK PLAZA AT THE SOUTHEAST CORNER OF EAST PALM CANYON DRIVE (HIGHWAY 111) AND MATTHEW DRIVE (4701 EAST PALM CANYON DRIVE) (CASE 5.1241 CUP & 6.521 VAR):
Staff Report Item 1.A. (Part 1)
Staff Report Item 1.A. (Part 2)
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated July 21, 2010.
Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.
BRIAN BRAATAN, Representing Applicant, outlined the history of the proposed project through the Planning Commission and the Architectural Advisory Committee, commented on the size of the proposed project, stated this was a phase of the recent remodel of the Vons and the Rimrock Plaza, commented on the economics of the project, the support by staff, and requested the design consultant outline the design changes to the project as requested by the AAC.
KARL HUY, Travis Companies, Inc., outlined the changes in design as requested by the AAC and the Planning Commission, stated the Applicant is willing to reduce the height of the canopy and the service building, and stated the Applicant is in full support of the proposed Conditions of the Approval for the project.
LANCE CALDWELL, stated his concerns with the environmental impact of the service station to the adjoining neighborhood and expressed concerns over the lighting of the project.
HAL CASTLE, commented on the customer service at Vons and concerns with the gas station operations.
HELEN HYDE, commented on the proximity of the gas station to the community and surrounding neighborhood, commented on ingress and egress with large delivery vehicles, the proximity to the closest fire station, and requested the City Council deny the appeal and the project.
KATE CASTLE, commented on the issues of sight, sounds and smells with the project, and requested the City Council deny the appeal of the CUP and the variance.
MARCIA DELANDO, Palm Springs, commented on the petition submitted by Vons and requested the City Council deny the CUP and the variance.
JOHN KARAS, Palm Springs, commented on the process.
SID CRAIG, stated his opposition to the project and commented on the lighting, the condition and size of the streets and traffic, and requested the City Council deny the project.
BRIAN BRAATAN, Rebuttal, commented on the other fueling stations operated by Vons, the community service and donations provided by Vons, stated the lighting plan meets the City ordinances, the fuel trucks and noise, and the proximity to the closest fuel station, the proximity to the nearest residence.
No further speakers coming forward, the public hearing was closed.
Mayor Pro Tem Hutcheson requested the Applicant address the landscaping and berm around the project.
Councilmember Weigel requested the Applicant address the design and size of the kiosk.
Mayor Pro Tem Hutcheson commented on the overall conditions at the Rimrock Center, and stated his support to overturn the Planning Commission decision.
Councilmember Weigel stated he is in support of Mayor Pro Tem Hutcheson, stated the use is proper for the location, but stated his concerns with the design and the kiosk building, and stated his support for overturning the decision of the Planning Commission.
Mayor Pougnet commented on the prior public hearings and commitment of Vons, and stated he would need additional information before he could entertain overruling the appeal.
Motion to 1) Grant the Appeal by the Travis Companies, approve a Conditional Use Permit and Variance for the construction and operation of a gasoline service station within the Rimrock Plaza (Case No. 5.1241 CUP and 6.521 VAR); and 2) Direct staff to prepare a Resolution and Conditions of Approval for such action. Moved by Mayor Pro Tem Hutcheson, seconded by Councilmember Weigel.
Vote to 1) Grant the Appeal by the Travis Companies, approve a Conditional Use Permit and Variance for the construction and operation of a gasoline service station within the Rimrock Plaza (Case No. 5.1241 CUP and 6.521 VAR); and 2) Direct staff to prepare a Resolution and Conditions of Approval for such action. (Approved)
Motion to 1) Continue the Public Hearing to September 8, 2010; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. Moved by Councilmember Weigel, seconded by Mayor Pro Tem Hutcheson.
Vote to 1) Continue the Public Hearing to September 8, 2010; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. (Approved)
The City Council recessed at 7:24 p.m.
The City Council reconvened at 7:30 p.m.
1.B. THE LOFTIN FIRM FOR PALM SPRINGS VIEW ESTATES MOBILE HOME PARK TENTATIVE TRACT MAP 34627, FOR THE CONVERSION OF AN EXISTING 184 UNIT RENTAL MOBILE HOME PARK INTO A CONDOMINIUM PARK FOR RESIDENT OWNERSHIP LOCATED AT 6300 BOLERO ROAD:
Staff Report Item 1.B.
City Attorney Holland provided background information as outlined in the staff report dated July 21, 2010.
Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.
THOMAS CASPERIAN, Representing Applicant, provided background information and history of the project, and the subsequent actions by the Court, and stated the application must be approved should all the requirements in the code be met, and stated the Applicant has complied with all codes and conditions.
SUE LOFTIN, Applicant, commented on the discretion of City Council in such an action, commented on funding for low income, the options for current residents and current law pertaining to current residents, and requested the City Council approve the TTM with the revised conditions.
CARL HACKLER, Palm Springs, commented on the history, the complaints and concerns of the residents, stated no homeowners will purchase the lot, and requested the City Council assist the residents in the next steps of the process.
ERMA ORSINO, Palm Springs, commented on Fair Housing and other equal protection laws that are being violated.
BILL LAPOINTE, requested the City Council pass along all the reasons for turning the project down to the other agencies who must rule on this application.
DICK MATHEWS, stated his support for the establishment of a reserve account for necessary capital systems such as sewer, electrical and roads, and requested the City Council refer on-site inspection of the property and the amount of the reserve account to other agencies, and rquest such restrictions by other agencies such as the Department of Real Estate.
CLEMENT LUMLEY, stated he has only been at the park for one-year, and was never informed of a conversion, and stated the residents should not purchase without disclosures from the owners of the park.
MELINDA WOOLLEY, commented on the low income residents in the park and the inability to purchase the lot.
ANNE MACINA, Palm Springs, commented on the lighting systems in the park, the pulling of the fire and police department inspections, the timing of the hearing, and the problems with the similar El Dorado Park.
TOM BENNETT, Palm Springs, commented on the conditions of the park, and the lack of options for residents.
SUE LOFTIN, Rebuttal, clarified that nothing is being offered for sale, stated the reserves is a signification process and component within the DRE process along with the physical inspections by the DRE, and reiterated the options for current residents, and requested the City Council approve the TTM with the revised conditions.
No further speakers coming forward, the public hearing was closed.
Mayor Pro Tem Hutcheson requested the City Manager prepare a report for any assistance to residents, and requested the City Attorney address if the City can inspect the property.
Councilmember Weigel requested the Applicant address the options for current residents, disclosures, commented on the lack of communication between the owners and residents, and requested the City Attorney address new information being submitted as for a denial of the TTM.
Mayor Pougnet requested the City Attorney address Fair Labor laws and standards that may apply to the circumstances, commented on the process and the status of the El Dorado Park.
Motion to Adopt Resolution No. 22760, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 34627 FOR THE CONVERSION OF AN EXISTING 184 SPACE RENTAL MOBILE HOME PARK TO A CONDOMINIUM PARK FOR RESIDENT OWNERSHIP LOCATED AT 6300 BOLERO ROAD IN THE R-MHP (MOBILEHOME PARK) ZONE SECTION 29." Moved by Mayor Pro Tem Hutcheson, seconded by Councilmember Weigel.
Vote to Adopt Resolution No. 22760, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 34627 FOR THE CONVERSION OF AN EXISTING 184 SPACE RENTAL MOBILE HOME PARK TO A CONDOMINIUM PARK FOR RESIDENT OWNERSHIP LOCATED AT 6300 BOLERO ROAD IN THE R-MHP (MOBILEHOME PARK) ZONE SECTION 29." (Approved)
1.C. COMMUNITY REDEVELOPMENT AGENCY SALE OF REAL PROPERTY LOCATED AT 342 NORTH PALM CANYON DRIVE TO CADENCE DEVELOPMENT, LLC IN THE AMOUNT OF $585,000 IN MERGED PROJECT AREA NO. 1:
Staff Report Item 1.C.
Tom Wilson, Assistant City Manager, provided background information as outlined in the staff report dated July 21, 2010.
Mayor Pougnet opened the public hearing, and no speakers coming forward the public hearing was closed.
Motion to approve Adopt Resolution No. 1405, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AGREEMENT FOR THE SALE OF REAL PROPERTY AND ESCROW INSTRUCTIONS WITH CADENCE DEVELOPMENT, LLC FOR PROPERTY LOCATED AT 342 NORTH PALM CANYON DRIVE (CORK 'N BOTTLE) IN MERGED PROJECT AREA NO. 1 FOR THE PURPOSE OF REHABILITATION AND RENOVATION IN THE AMOUNT OF $585,000." Moved by Mayor Pro Tem Hutcheson, seconded by Councilmember Weigel.
Vote to approve Adopt Resolution No. 1405, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AGREEMENT FOR THE SALE OF REAL PROPERTY AND ESCROW INSTRUCTIONS WITH CADENCE DEVELOPMENT, LLC FOR PROPERTY LOCATED AT 342 NORTH PALM CANYON DRIVE (CORK ‘N BOTTLE) IN MERGED PROJECT AREA NO. 1 FOR THE PURPOSE OF REHABILITATION AND RENOVATION IN THE AMOUNT OF $585,000." (Approved) (Recorded at 02:18:22)
1.D. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS CITYWIDE STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS FOR FISCAL YEAR 2010-11:
Staff Report Item 1.D.
David Barakian, City Engineer, provided background information as outlined in the staff report dated July 21, 2010.
Mayor Pougnet opened the public hearing, and no speakers coming forward the public hearing was closed.
Motion to 1) Adopt Resolution No. 22761, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 3."
2) Adopt Resolution No. 22762, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 3."
3) Adopt Resolution No. 22763, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6A."
4) Adopt Resolution No. 22764, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6A."
5) Adopt Resolution No. 22765, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6C."
6) Adopt Resolution No. 22766, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6C."
7) Adopt Resolution No. 22767, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 7."
8) Adopt Resolution No. 22768, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 7."
9) Adopt Resolution No. 22769, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 8."
10) Adopt Resolution No. 22770, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 8."
11) Adopt Resolution No. 22771, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 9."
12) Adopt Resolution No. 22772, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 9."
13) Adopt Resolution No. 22773, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 1 AND ZONE 2."
14) Adopt Resolution No. 22774, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 1 AND ZONE 2."
15) Adopt Resolution No. 22775, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS LANDSCAPE MAINTENANCE DISTRICT NO. 12."
16) Adopt Resolution No. 22776, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS LANDSCAPE MAINTENANCE DISTRICT NO. 12." Moved by Councilmember Weigel, seconded by Mayor Pro Tem Hutcheson.
Vote to 1) Adopt Resolution No. 22761, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 3."
2) Adopt Resolution No. 22762, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 3."
3) Adopt Resolution No. 22763, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6A."
4) Adopt Resolution No. 22764, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6A."
5) Adopt Resolution No. 22765, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6C."
6) Adopt Resolution No. 22766, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6C."
7) Adopt Resolution No. 22767, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 7."
8) Adopt Resolution No. 22768, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 7."
9) Adopt Resolution No. 22769, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 8."
10) Adopt Resolution No. 22770, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 8."
11) Adopt Resolution No. 22771, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 9."
12) Adopt Resolution No. 22772, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 9."
13) Adopt Resolution No. 22773, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 1 AND ZONE 2."
14) Adopt Resolution No. 22774, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 1 AND ZONE 2."
15) Adopt Resolution No. 22775, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL LEVY REPORT FOR FISCAL YEAR 2010-11 FOR THE PALM SPRINGS LANDSCAPE MAINTENANCE DISTRICT NO. 12."
16) Adopt Resolution No. 22776, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010-11 WITHIN THE PALM SPRINGS LANDSCAPE MAINTENANCE DISTRICT NO. 12." (Approved)
PUBLIC COMMENT:
EMILY HEMPHILL, commented on Item 2.Z. and requested the City Council approve the agreement.
STEPHEN BOYD, provided an update on the Friends of the Animal Shelter and presented a $50,000 to the City for use of building the new animal shelter.
KAREN TABBAH, Palm Springs, commented on a recent experience with the Building Department and trying to obtain a building permit.
LEO BEENE, Palm Springs, commented on the security at the City parks.
STEVE ROSENBERG, commented on the Items pertaining to the Airport on the Agenda.
JOY MEREDITH, requested the City Council support Item 2.T. and 2.D. and requested the City Council support Item 2.W. and fund $50,000 to the BID.
JESSE DANNER, commented on Item 2.D. and requested the City Council dissolve the BID.
BORIS ROSE, commented on Item 2.D. and requested the City Council dissolve the BID.
RODOLFO CASTILLO, commented on Item 2.D., BID, and requested the City Council support a $50,000 contribution toward marketing of the Downtown.
COUNCILMEMBER COMMENTS:
Mayor Pro Tem Hutcheson requested the City staff respond to Karen Tabbah's issue with the Building Department.
Councilmember Weigel requested Item 2.I. be removed from the Consent Calendar for separate discussion.
CITY MANAGER'S REPORT:
City Manager Ready reported that payments to the BID are voluntary and will not be on the business license bill.
Michele Mician, Sustainability Manager, provided a report on grant received for an electric vehicle pilot program.
Mayor Pro Tem Hutcheson stated the report addressed his questions with respect to Item 2.O., and requested the Item be placed back on the Consent Calendar.
2. CONSENT CALENDAR:
Motion to Approve Items 2.A., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.J., 2.L., 2.M., 2.N., 2.O., 2.P., 2.Q., 2.R., 2.T., 2.U., 2.V., 2.Y., and 2.Z. Moved by Mayor Pro Tem Hutcheson, seconded by Councilmember Weigel.
Vote to Approve Items 2.A., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.J., 2.L., 2.M., 2.N., 2.O., 2.P., 2.Q., 2.R., 2.T., 2.U., 2.V., 2.Y., and 2.Z. (Approved)
2.A. REPORT ON POSTING OF THE AGENDA:
Staff Report Item 2.A.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
Staff Report Item 2.C.
2.D. PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT (BID), TAKING NO ACTION ON THE FISCAL YEAR 2010-11 ASSESSMENTS, AND AUTHORIZING VOLUNTARY PAYMENTS TO THE BID FOR FISCAL YEAR 2010-11:
Staff Report Item 2.D.
2.E. AMENDMENT NO. 1 TO AGREEMENT NO. A5924 WITH ESCALANTE ARCHITECTS ADDING CIVIL ENGINEERING SERVICES FOR THE WELWOOD MURRAY MEMORIAL LIBRARY:
Staff Report Item 2.E.
2.F. SOFTWARE MAINTENANCE AGREEMENT FOR WEB BASED REGISTRATION FOR PROGRAMS AND FACILITY RENTALS:
Staff Report Item 2.F.
2.G. WASTEWATER TREATMENT PLANT PERIMETER FENCE (CP 08-11):
Staff Report Item 2.G.
2.H. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF INDIO TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE TERM ENDING JUNE 30, 2013:
Staff Report Item 2.H.
2.J. PROPOSED RESOLUTION IN SUPPORT OF THE MISSION SPRINGS WATER DISTRICT GROUNDWATER QUALITY PROTECTION PROJECT:
Staff Report Item 2.J.
2.L. JOINT ITEM CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY WITH RESPECT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 33130 REDEVELOPMENT AREA PROPERTY DISCLOSURES:
Staff Report Item 2.L.
2.M. AMENDMENT NO. 2 TO AGREEMENT NO. A5900 THE CONSTRUCTION COOPERATIVE AGREEMENT RELATED TO THE INDIAN CANYON DRIVE AT INTERSTATE 10 INTERCHANGE PROJECT (CP 00-14):
Staff Report Item 2.M.
2.N. AWARD OF IFB 10-09 FOR PALM TREE TRIMMING AT VARIOUS LOCATIONS IN THE CITY OF PALM SPRINGS:
Staff Report Item 2.N.
2.O. PROPOSED RESOLUTION IN SUPPORT OF THE CALIFORNIA CLEAN CARS PROGRAM:
Staff Report Item 2.O.
2.P. GREENHOUSE GAS EMISSION INVENTORY AGREEMENT WITH MICHAEL BRANDMAN ASSOCIATES IN THE AMOUNT OF $35,920:
Staff Report Item 2.P.
2.Q. AIRPORT IMPROVEMENT PROJECT FEDERAL GRANT IN THE AMOUNT OF $195,226 FOR PERIMETER FENCE IMPROVEMENTS PROFESSIONAL SERVICES:
Staff Report Item 2.Q.
2.R. AIRPORT IMPROVEMENT PROJECT FEDERAL GRANT MASTER PLAN ENVIRONMENTAL PHASE:
Staff Report Item 2.R.
2.T. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1778, EXTENDING THE TERM FOR PORTABLE "OPEN" SIGNS IN COMMERCIAL ZONES:
Staff Report Item 2.T.
2.U. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1779 RELATING TO CLAIMS FOR RECOVERY OF TAXES:
Staff Report Item 2.U.
2.V. AGREEMENT WITH UNITED PAVING FOR THE SAN LORENZO SHOULDER PAVING PROJECT IN THE AMOUNT OF $64,351 (CP 08-05):
Staff Report Item 2.V.
2.Y. PURCHASE, SITE PREPARATION, AND INSTALLATION OF A NEW FIRE DEPARTMENT 36' x 60' MODULAR CLASSROOM:
Staff Report Item 2.Y.
2.Z. REIMBURSEMENT AGREEMENT RELATED TO SUBDIVISION IMPROVEMENTS FOR TRACT NO 30046 BETWEEN THE CITY OF PALM SPRINGS AND RIDGEBACK MONTE SERENO, LLC:
Staff Report Item 2.Z.
EXCLUDED CONSENT CALENDAR:
2.B. APPROVAL OF MINUTES:
Staff Report Item 2.B.
Tabled to September 8, 2010.
2.I. PALM SPRINGS ANIMAL CARE FACILITY VALUE ENGINEERING, AGREEMENT NO. A5976 WITH W.E. O'NEIL CONSTRUCTION CO., (CP 07-24):
Staff Report Item 2.I.
Motion to approve 1) Authorize the City Manager to approve additional Value Engineering cuts during the months of July and August, 2010, up to an aggregate amount of $700,000; and 2) Authorize the City Manager to execute all necessary documents. A5976. Moved by Councilmember Weigel, seconded by Mayor Pro Tem Hutcheson.
Vote to approve 1) Authorize the City Manager to approve additional Value Engineering cuts during the months of July and August, 2010, up to an aggregate amount of $700,000; and 2) Authorize the City Manager to execute all necessary documents. A5976. (Approved) (Recorded at 02:50:44)
2.K. PROPOSED RESOLUTION IN SUPPORT OF AB 2706 (LOWENTHAL) AMENDING THE CAL. CIVIL CODE TO DEEM VIOLENCE AGAINST HOMELESS PEOPLE OR THEIR PROPERTY AS A HATE CRIME FOR CIVIL LITIGATION:
Staff Report Item 2.K.
Mayor Pro Tem Hutcheson questioned if the Bill would inhibit the efforts of the Police Department, and suggested the City Council table the Item to September 8, 2010.
ACTION:
Tabled to September 8, 2010.
By consensus of the City Council.
2.S. APPROVE THE THIRD PERMIT FOR THE OPERATION OF A MEDICAL CANNABIS COLLECTIVE/COOPERATIVE TO ORGANIC SOLUTIONS OF THE DESERT AT 560 WILLIAMS ROAD (CASE NO. MC 09-002):
Staff Report Item 2.S.
Tabled to September 8, 2010.
2.W. REQUEST FROM MAIN STREET PALM SPRINGS TO FUND $50,000 FROM THE ECONOMIC DEVELOPMENT PLAN FOR THE PURPOSE OF PROVIDING MARKETING AND PROMOTIONAL ACTIVITIES IN THE DOWNTOWN AND UPTOWN AREAS IN FISCAL YEAR 2010-11:
Staff Report Item 2.W.
Mayor Pro Tem Hutcheson requested a City Council subcommittee be formed to interview candidates for the BID Board, and suggested the BID Board review the request for funding.
ACTION:
Direct staff to place the appointment of the City Council Subcommittee on the September 8, 2010 Agenda.
By consensus of the City Council.
2.X. REQUEST FROM THE GROUP FOR A $10,000 SPONSORSHIP FROM THE ECONOMIC DEVELOPMENT PLAN TO SUPPORT FIESTA DAYS IN PALM SPRINGS TO BE HELD SEPTEMBER 18 AND 19, 2010:
Staff Report Item 2.X.
Mayor Pro Tem Hutcheson requested the City Council consider sponsorship of the event, at a minimum of $5,000.
Motion to Authorize the City Manager to secure funding and sponsorship of the event in the amount of $5,000. Moved by Mayor Pro Tem Hutcheson, seconded by Councilmember Weigel.
Vote to Authorize the City Manager to secure funding and sponsorship of the event in the amount of $5,000. (Approved)
3. LEGISLATIVE:
4. UNFINISHED BUSINESS:
4.A. CITY MANAGER'S SIX MONTH UPDATE ON THE ECONOMIC RECOVERY AND DEVELOPMENT PLAN:
Staff Report Item 4.A.
Withdrawn from the Agenda at the request of staff.
5. NEW BUSINESS:
5.A. APPOINTMENT OF VARIOUS COMMISSIONERS AND BOARD MEMBERS AS PART OF THE 2010 ANNUAL RECRUITMENT PROCESS:
City Clerk Thompson provided background information as outlined in the Memorandum dated July 21, 2010.
Motion to
VillageFest Board:
1) Reappoint Robert Silverman to the VillageFest Board for the term ending June 30, 2013; and 2) Continue to accept applications for the VillageFest Board to fill the remaining four vacancies.
Human Rights Commission:
1) Reappoint Jerry Trussell and Sidney Craig to the Human Rights Commission for the term ending June 30, 2013; and 2) Appoint Jack Newby to the Human Rights Commission for the term ending June 30, 2013.
Administrative Appeals Board:
1) Reappoint William Johnson to the Administrative Appeals Board for the term ending June 30, 2013; and 2) Appoint Ted Grofer to the Administrative Appeals Board for the term ending June 30, 2013.
Library Board:
1) Reappoint David Gray to the Library Board for the term ending June 30, 2013; 2) Appoint Anthony Ellerd to the Library Board for the term ending June 30, 2013; and 3) Appoint Mark Zacovic to the Library Board for the term ending June 30, 2012.
Personnel Board:
1) Appoint Larry Smith to the Personnel Board for the term ending June 30, 2013.
Moved by Councilmember Weigel, seconded by Mayor Pro Tem Hutcheson.
Vote to
VillageFest Board:
1) Reappoint Robert Silverman to the VillageFest Board for the term ending June 30, 2013; and 2) Continue to accept applications for the VillageFest Board to fill the remaining four vacancies.
Human Rights Commission:
1) Reappoint Jerry Trussell and Sidney Craig to the Human Rights Commission for the term ending June 30, 2013; and 2) Appoint Jack Newby to the Human Rights Commission for the term ending June 30, 2013.
Administrative Appeals Board:
1) Reappoint William Johnson to the Administrative Appeals Board for the term ending June 30, 2013; and 2) Appoint Ted Grofer to the Administrative Appeals Board for the term ending June 30, 2013.
Library Board:
1) Reappoint David Gray to the Library Board for the term ending June 30, 2013; 2) Appoint Anthony Ellerd to the Library Board for the term ending June 30, 2013; and 3) Appoint Mark Zacovic to the Library Board for the term ending June 30, 2012.
Personnel Board:
1) Appoint Larry Smith to the Personnel Board for the term ending June 30, 2013.
(Approved)
5.B. PROFESSIONAL SERVICES AGREEMENT WITH CHEVRON ENERGY SOLUTIONS COMPANY FOR THE CITYWIDE ENERGY MANAGEMENT PROJECT (CP 09-05):
Staff Report Item 5.B.
David Barakian, City Engineer, provided background information as outlined in the staff report dated July 21, 2010.
Motion to approve 1) Approve an agreement with Chevron Energy Solutions, a division of Chevron USA, Inc., for energy management services for the Citywide Energy Management Project (CP 09-05); 2) Provide direction on the use of energy savings (maximization of general fund savings versus maximization of energy efficiency measures paid for with energy efficiency savings); 3) Provide direction on the use of solar photo-voltaic power at the Airport and City Hall parking lots as one available option to generate additional power to meet demand; and 4) Authorize the City Manager to execute all necessary documents. A6009. Moved by Mayor Pougnet, seconded by Councilmember Weigel.
Vote to approve 1) Approve an agreement with Chevron Energy Solutions, a division of Chevron USA, Inc., for energy management services for the Citywide Energy Management Project (CP 09-05); 2) Provide direction on the use of energy savings (maximization of general fund savings versus maximization of energy efficiency measures paid for with energy efficiency savings); 3) Provide direction on the use of solar photo-voltaic power at the Airport and City Hall parking lots as one available option to generate additional power to meet demand; and 4) Authorize the City Manager to execute all necessary documents. A6009. (Approved) (Recorded at 03:04:49)
The City Council heard Item 5.C. out of order following presentations.
5.C. PURCHASE OF REAL PROPERTY FROM THE BUREAU OF LAND MANAGEMENT, 119.3 ACRES LOCATED AT THE NORTHWEST CORNER OF TRAMVIEW ROAD AND INDIAN CANYON DRIVE, IN MERGED PROJECT AREA 1, FOR THE AMOUNT OF $2,102,000:
Staff Report Item 5.C.
Tom Wilson, Assistant City Manager, provided background information as outlined in the staff report dated July 21, 2010.
Mayor Pro Tem Hutcheson commented on the importance of the project of the diversification to the City and the local economy.
Motion to approve 1) Adopt Resolution No. 1406, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE DIRECT PURCHASE OF 119.3 +- ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF TRAMVIEW ROAD AND NORTH INDIAN CANYON DRIVE FROM THE BUREAU OF LAND MANAGEMENT FOR $2,102,000; APPROVING THE PROPERTY TRANSFER AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY AND THE DESERT COMMUNITY COLLEGE DISTRICT, AND APPROVING THE INITIAL STUDY NEGATIVE DECLARATION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT;" 2) Adopt Resolution No. 1407, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROPRIATING $2,102,000 FROM FUND BALANCE IN MERGED PROJECT AREA NO. 1;" and 3) Authorize the Executive Director to execute all necessary documents. A6010. Moved by Councilmember Weigel, seconded by Mayor Pro Tem Hutcheson.
Vote to approve 1) Adopt Resolution No. 1406, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE DIRECT PURCHASE OF 119.3 +- ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF TRAMVIEW ROAD AND NORTH INDIAN CANYON DRIVE FROM THE BUREAU OF LAND MANAGEMENT FOR $2,102,000; APPROVING THE PROPERTY TRANSFER AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY AND THE DESERT COMMUNITY COLLEGE DISTRICT, AND APPROVING THE INITIAL STUDY NEGATIVE DECLARATION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT;" 2) Adopt Resolution No. 1407, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROPRIATING $2,102,000 FROM FUND BALANCE IN MERGED PROJECT AREA NO. 1;" and 3) Authorize the Executive Director to execute all necessary documents. A6010. (Approved)
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Mayor Pougnet announced the upcoming birthday of the City Manager, and stated Councilmember Mills' mother Donna Mills passed, and requested the City Council adjourn in her memory.
ADJOURNMENT:
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