Video index
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
Roll Call: 6 members present, 0 members absent, 0 members excused.
PRESENTATIONS:
REPORT OF CLOSED SESSION:
ACCEPTANCE OF THE AGENDA:
Mayor Pro Tem Hutcheson noted his business related abstention on Consent Calendar Item 2.U.
Councilmember Mills requested Items 2.J., 2.N., and 2.S be removed from the Consent Calendar for separate discussion, noted a correction in the July 21, 2010 Minutes and noted his abstention on the July 21, 2010 Minutes.
Councilmember Foat noted her abstention to the Minutes of July 21, 2010, and requested Items 2.Q. and 2.U. be removed from the Consent Calendar for separate discussion.
Motion to approve Accept the Agenda as amended. Moved by Councilmember Mills, seconded by Mayor Pro Tem Hutcheson.
Vote to approve 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.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated September 8, 2010.
The Public Testimony portion of the Public Hearing was closed on July 21, 2010.
Councilmember Mills requested architecture issues identified in the staff report on Page 3, No. 2, No. 3, and No. 8 be revisited, stated his support for the project and requested the architecture of the building be improved, and requested the City Council request the architecture approval be reviewed from a design standpoint by AAC and staff.
Mayor Pro Tem Hutcheson questioned if the City Council should provide some direction on the architecture.
Councilmember Foat requested the City Council consider adding a condition of approval requiring an electric vehicle charging station.
MOTION:
Direct staff to prepare a Resolution granting the appeal of the Travis Companies, approving a Conditional Use Permit and Variance with conditions of approval,
including a condition for the City Council to review the final architecture prior to final approval
, for the construction and operation of a gasoline service station within the Rimrock Plaza.
Motion Councilmember Foat, failed for lack of second.
Motion to Direct staff to prepare a Resolution granting the appeal of the Travis Companies, approving a Conditional Use Permit and Variance with conditions of approval,
including a condition for the AAC and City Staff to review the final architecture prior to final approval,
for the construction and operation of a gasoline service station within the Rimrock Plaza. Moved by Councilmember Weigel, seconded by Mayor Pro Tem Hutcheson.
Vote to Direct staff to prepare a Resolution granting the appeal of the Travis Companies, approving a Conditional Use Permit and Variance with conditions of approval,
including a condition for the AAC and City Staff to review the final architecture prior to final approval,
for the construction and operation of a gasoline service station within the Rimrock Plaza. (Approved)
1.B. APPLICATION FOR A MULTI-AGENCY ENTERPRISE ZONE DESIGNATION TO THE STATE OF CALIFORNIA, DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT:
Staff Report Item 1.B.
Cathy Van Horn, Economic Development Administrator, provided background information as outlined in the staff report dated September 8, 2010.
Mayor Pougnet opened the Public Hearing, and no speakers coming forward the public hearing was closed.
Motion to Adopt Resolution No. 22786, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE STATE OF CALIFORNIA, DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT, FOR DESIGNATION OF THE DESERT CITIES ENTERPRISE ZONE IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT." Moved by Councilmember Foat, seconded by Mayor Pro Tem Hutcheson.
Vote to Adopt Resolution No. 22786, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE STATE OF CALIFORNIA, DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT, FOR DESIGNATION OF THE DESERT CITIES ENTERPRISE ZONE IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT." (Approved)
1.C. PROPOSED ESTABLISHMENT OF A CONTRACTUAL ASSESSMENT PROGRAM TO FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES AND ENERGY AND WATER EFFICIENCY IMPROVEMENTS:
Staff Report Item 1.C.
Motion to approve 1) Continue the Public Hearing to September 22, 2010, with no public testimony at this time; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. Moved by Mayor Pro Tem Hutcheson, seconded by Councilmember Weigel.
Vote to approve 1) Continue the Public Hearing to September 22, 2010, with no public testimony at this time; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. (Approved) (Recorded at 01:21:39)
PUBLIC COMMENT:
JIM CAMPER, spoke on Item 2.N., and requested the City Council approve the permit for Organic Solutions of the Desert.
DIANE BLASDEL, spoke on Item 2.N., and requested the City Council approve the permit to Organic Solutions of the Desert.
DIANE ROSS, thanked the City Council and staff for the abatement nuisance at 1091 Paseo de Marcia, noted the improvements to the property, and commented on the recent CPR training by Fire Department.
CHARLES SACHS, Palm Springs, commented on the removal of trees at Casa de Oro.
STEVE ROSENBERG, commented on the City Council approval of Items 1.A. and 1.B.
JOY MEREDITH, commented on the recent Crystal Eagle Award to the City.
COUNCILMEMBER COMMENTS:
Mayor Pougnet commented on the progress in the Downtown and Uptown areas in the City of Palm Springs.
Councilmember Foat read a letter received by the City commenting on the positive experience with the Building Department and announced the Desert Water Agency public hearing proposing a water rate increase.
CITY MANAGER’S REPORT:
2. CONSENT CALENDAR:
Motion to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.E. 2.F. 2.G., 2.H., 2.I., 2.K., 2.L., 2.M., 2.O., 2.P., 2.R., 2.T., 2.V., 2.W., and 2.X. Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.E. 2.F. 2.G., 2.H., 2.I., 2.K., 2.L., 2.M., 2.O., 2.P., 2.R., 2.T., 2.V., 2.W., and 2.X. (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. STAFF AUTHORIZED AGREEMENTS FOR JUNE, JULY, AND AUGUST, 2010:
Staff Report Item 2.D.
2.E. TREASURER'S INVESTMENT REPORT:
Staff Report Item 2.E.
2.F. CONFLICT OF INTEREST CODE 2010 BIENNIAL NOTICE PURSUANT TO THE POLITICAL REFORM ACT:
Staff Report Item 2.F.
2.G. PIPELINE INSPECTION AGREEMENT WITH SFPP, LP, RELATED TO THE GENE AUTRY TRAIL UNION PACIFIC RAILROAD (UPRR) BRIDGE WIDENING PROJECT (CP 01-04):
Staff Report Item 2.G.
2.H. GRANT DEEDS TO CONVEY RIGHTS-OF-WAY TO THE STATE OF CALIFORNIA RELATED TO THE INDIAN CANYON DRIVE/INTERSTATE 10 INTERCHANGE (CP 00-14):
Staff Report Item 2.H.
2.I. AMENDMENT NO. 1 TO AGREEMENT NO. A5755 WITH NOLTE ASSOCIATES, INC., FOR THE TAHQUITZ CREEK LEVEE CERTIFICATION:
Staff Report Item 2.I.
2.K. PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE INDIAN CANYON DRIVE AT VISTA CHINO TRAFFIC SIGNAL MODIFICATION (CP 08-17):
Staff Report Item 2.K.
2.L. AMENDMENT NO. 1 TO AGREEMENT NO. A5601 WITH EBERHART/UNITED CONSULTANTS, INC. TO PROVIDE GEOTECHNICAL SERVICES IN THE AMOUNT OF $10,000:
Staff Report Item 2.L.
2.M. PROGRAM SUPPLEMENT AGREEMENT NO. 033-N, WITH THE STATE OF CALIFORNIA FOR USE OF SAFETEA-LU HIGH PRIORITY PROJECT (HPLUL) FEDERAL-AID FUNDS FOR THE AGUA CALIENTE CULTURAL MUSEUM ROADWAY IMPROVEMENTS [FEDERAL-AID PROJECT NO. HPLUL-5282(033) CP 09-04]:
Staff Report Item 2.M.
2.O. PARTICIPATION IN THE INSTITUTE FOR LOCAL GOVERNMENT’S BEACON AWARD FOR LOCAL LEADERSHIP TOWARD SOLVING CLIMATE CHANGE:
Staff Report Item 2.O.
2.P. PURCHASE OF TEN BIG BELLY SOLAR POWERED TRASH COMPACTORS FROM WAXIE SANITARY SUPPLY IN THE AMOUNT OF $42,956.25:
Staff Report Item 2.P.
2.R. ACCEPTANCE OF $165,000.00 IN GRANT FUNDING FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) FOR A DUI ENFORCEMENT AND AWARENESS PROJECT TO BE USED TO ENFORCE, EDUCATE, AND BRING AWARENESS TO THE PUBLIC:
Staff Report Item 2.R.
2.T. EXTEND THE CONTRACT SERVICES AGREEMENT FOR CLAIMS ADJUSTMENT AND ADMINISTRATIVE SERVICE WITH CARL WARREN & COMPANY TO JUNE 30, 2011:
Staff Report Item 2.T.
2.V. COMMUNITY REDEVELOPMENT AGENCY AGREEMENT WITH THE FAIR HOUSING COUNCIL OF RIVERSIDE COUNTY, INC., FOR FAIR HOUSING SERVICES THROUGH EDUCATION, TRAINING/TECHNICAL ASSISTANCE AND ENFORCEMENT IN THE AMOUNT OF $37,430:
Staff Report Item 2.V.
2.W. ADVERTISING CONTRACT WITH THE DESERT SUN FOR DISPLAY AND LEGAL ADVERTISING TO JUNE 30, 2011:
Staff Report Item 2.W.
2.X. ACCEPT THE RESIGNATION OF PAMELA JO KERSHAW FROM THE HUMAN RIGHTS COMMISSION:
Staff Report Item 2.X.
EXCLUDED CONSENT CALENDAR:
2.J. PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID THE PALM SPRINGS MAIN LIBRARY ROOFING PROJECT (CP 10-04):
Staff Report Item 2.J.
Councilmember Mills requested staff address the fascia drawings and the aesthetics of the roofing project.
Motion to 1) Approve the plans, specifications and working details for the Palm Springs Main Library Roofing Project (CP 10-04
) with Councilmember Mills to review the fascia drawings and the aesthetics
of the roofing project;
and 2) Authorize staff to advertise and solicit bids. Moved by Councilmember Weigel, seconded by Councilmember Foat.
Vote to 1) Approve the plans, specifications and working details for the Palm Springs Main Library Roofing Project (CP 10-04
) with Councilmember Mills to review the fascia drawings and the aesthetics
of the roofing project;
and 2) Authorize staff to advertise and solicit bids. (Approved)
2.N. APPROVE A 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.N.
Councilmember Weigel stated he participated in the selection of the provider, but he did not vote in favor of the City allowing a third provider.
Councilmember Mills stated he participated in the selection of the provider, but he did not vote in favor of the City allowing a third provider.
Motion to Adopt Resolution No. 22798, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PERMIT TO OPERATE A MEDICAL CANNABIS COLLECTIVE/COOPERATIVE TO ORGANIC SOLUTIONS OF THE DESERT AT 560 WILLIAMS ROAD, PALM SPRINGS (CASE MC 09-002)." Moved by Mayor Pougnet, seconded by Mayor Pro Tem Hutcheson.
Vote to Adopt Resolution No. 22798, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PERMIT TO OPERATE A MEDICAL CANNABIS COLLECTIVE/COOPERATIVE TO ORGANIC SOLUTIONS OF THE DESERT AT 560 WILLIAMS ROAD, PALM SPRINGS (CASE MC 09-002)." (Approved)
2.Q. SUPPORT OF CONGRESSIONAL ACTION REGARDING PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM:
Staff Report Item 2.Q.
Councilmember Foat requested staff send the Resolution and letters to the proper City's legislators.
Motion to Adopt Resolution No. 22800, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN SUPPORT OF IMMEDIATE CONGRESSIONAL ACTION TO AUTHORIZE LEGISLATION ALLOWING PROPERTY ASSESSED CLEAN ENERGY PROGRAMS." Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to Adopt Resolution No. 22800, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN SUPPORT OF IMMEDIATE CONGRESSIONAL ACTION TO AUTHORIZE LEGISLATION ALLOWING PROPERTY ASSESSED CLEAN ENERGY PROGRAMS." (Approved)
2.S. AMENDMENT NO. 2 TO AGREEMENT NO. A5348 WITH RS&H CALIFORNIA, INC. FOR AVIATION CONSULTING SERVICES IN THE AMOUNT OF $233,560:
Staff Report Item 2.S.
Councilmember Mills requested staff address the funding for the project, and if the City will pay a portion of funds or if the project is 100% Federal FAA funding.
Motion to 1) Approve Amendment No. 2 to Agreement No. A5348 with RS&H California, Inc. for aviation consulting services in the amount of $233,560; and 2) Authorize the City Manager to execute all necessary documents. A5348. Moved by Councilmember Weigel, seconded by Mayor Pougnet.
Vote to 1) Approve Amendment No. 2 to Agreement No. A5348 with RS&H California, Inc. for aviation consulting services in the amount of $233,560; and 2) Authorize the City Manager to execute all necessary documents. A5348. (Approved)
Mayor Pro Tem Hutcheson stated he has a business related conflict of interest with respect to Item 2.U., would not participate in the discussion or the vote, and left Council Chamber.
2.U. AGREEMENT WITH MUNISERVICES, LLC FOR AUDITING AND ASSOCIATED CONSULTING SERVICES FOR THE TRANSIENT OCCUPANCY TAX COMPLIANCE PROGRAM:
Staff Report Item 2.U.
Councilmember Foat requested staff address past practice and the expected effectiveness of the proposed audits.
Motion to approve 1) Approve an agreement in an amount not to exceed $175,000 with MuniServices, LLC to provide the City with Transient Occupancy Tax (TOT) compliance audits for a two year period, in a form acceptable to the City Attorney; and 2) Authorize the City Manager to execute all necessary documents. A6017. Moved by Councilmember Mills, seconded by Councilmember Weigel.
Vote to approve 1) Approve an agreement in an amount not to exceed $175,000 with MuniServices, LLC to provide the City with Transient Occupancy Tax (TOT) compliance audits for a two year period, in a form acceptable to the City Attorney; and 2) Authorize the City Manager to execute all necessary documents. A6017. (Approved) (Recorded at 01:54:50)
Mayor Pro Tem Hutcheson returned to the dais.
3. LEGISLATIVE:
4. UNFINISHED BUSINESS:
4.A. PROPOSED AMENDMENTS TO THE SWIM CENTER FEES AND MODIFICATIONS TO THE COMPREHENSIVE FEE SCHEDULE:
Staff Report Item 4.A.
Vicki Oltean, Director of Parks and Recreation, provided background information as outlined in the staff report dated September 8, 2010.
Mayor Pougnet requested staff address the overall increase in review and the rate charged to the non-profit swim team.
Mayor Pro Tem Hutcheson said the increases are not incredibly robust, recommend the City Council review the rates for non-Palm Springs residents, and requested staff review the rate to rent the entire facility.
Councilmember Foat commented on the fees for non-profit swim teams.
Councilmember Weigel stated he generally is not in support of a substantial increase to rates during the current economic climate, commented on the modest rates to pool users, and recommended the City look at some other fee structure and review the rates for non-residents.
Councilmember Mills stated he is not in favor of a fee increase for general programs, but indicated staff should review the proposed rates for swim teams and a different rate for non-residents.
ACTION:
Direct staff to further review Swim Center Fees and return to the City Council.
By consensus of the City Council.
4.B. AMENDMENT NO. 3 TO REIMBURSEMENT AGREEMENT NO. A4195, WITH THE COUNTY OF RIVERSIDE, CITY OF DESERT HOT SPRINGS, AND CVAG FOR THE PALM DRIVE/GENE AUTRY TRAIL AT INTERSTATE 10 INTERCHANGE PROJECT:
Staff Report Item 4.B.
David Barakian, City Engineer, provided background information as outlined in the staff report dated September 8, 2010.
Motion to 1) Approve Amendment No. 3 to Reimbursement Agreement No. A4195 with the County of Riverside, City of Desert Hot Springs, and CVAG amending the total cost to $25,931,000 for the Palm Drive/Gene Autry Trail at Interstate 10 Interchange Project, and allocating the $1,979,780 federal DEMO grant towards the entire Desert Hot Springs’ share of the project cost; and 2) Authorize the City Manager to execute all necessary documents. A4195. Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to 1) Approve Amendment No. 3 to Reimbursement Agreement No. A4195 with the County of Riverside, City of Desert Hot Springs, and CVAG amending the total cost to $25,931,000 for the Palm Drive/Gene Autry Trail at Interstate 10 Interchange Project, and allocating the $1,979,780 federal DEMO grant towards the entire Desert Hot Springs’ share of the project cost; and 2) Authorize the City Manager to execute all necessary documents. A4195. (Approved)
5. NEW BUSINESS:
The City Council heard Item 5.C. out of order.
5.A. MEMORANDUM OF UNDERSTANDING WITH SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 REPRESENTING THE GENERAL UNIT:
Staff Report Item 5.A.
City Manager Ready provided background information as outlined in the staff report dated September 8, 2010.
Motion to Adopt Resolution No. 22801, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) LOCAL 721 REPRESENTING THE GENERAL UNIT, FOR THE PERIOD JULY 1, 2010 THROUGH JUNE 30, 2012, SUBJECT TO UNIT’S RATIFICATION AND EXECUTING THE MEMORANDUM OF UNDERSTANDING;" and 2) Authorize the City Manager to execute the Memorandum of Understanding in a form acceptable to the City Attorney. A5581. Moved by Councilmember Foat, seconded by Councilmember Weigel.
Vote to Adopt Resolution No. 22801, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) LOCAL 721 REPRESENTING THE GENERAL UNIT, FOR THE PERIOD JULY 1, 2010 THROUGH JUNE 30, 2012, SUBJECT TO UNIT’S RATIFICATION AND EXECUTING THE MEMORANDUM OF UNDERSTANDING;" and 2) Authorize the City Manager to execute the Memorandum of Understanding in a form acceptable to the City Attorney. A5581. (Approved)
5.B. 2010 COACHELLA VALLEY RAIL STUDY UPDATE:
Staff Report Item 5.B.
Mayor Pougnet provided an update on the 2010 Coachella Valley Rail Study, and the ultimate importance of the station and Amtrak stop in Palm Springs.
Councilmember Weigel commented on the timing of such a project and potential grant funding from the Federal government.
Councilmember Foat strongly urged the City to support the Rail Study with CVAG.
Councilmember Mills commented on the history of the current Palm Springs Train Station, and to maintain the current station.
No action taken.
5.C. APPROVE ADDITIONAL FUNDING FOR THE PALM SPRINGS ANIMAL CARE FACILITY PROJECT FROM A $650,000 LOAN FROM THE PROCEEDS OF THE SALES OF WHITEWATER MUTUAL WATER COMPANY STOCK HELD IN THE TRUST AND AGENCY ACCOUNT:
Staff Report Item 5.C.
City Manager Ready provided background information as outlined in the staff report dated September 8, 2010.
Councilmember Foat commented on the fundraising by the Friends of the Palm Springs Animal Shelter, and requested Dr. Koontz provide a fundraising and grant update.
Councilmember Weigel requested Dr. Koontz address the total funding commitments.
Mayor Pougnet stated his support for the original $5 million funding toward the project, opposed to the funding from the City’s Sustainability Fund, and the lackluster funding from interest groups.
Motion to Adopt Resolution No. 22802, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A LOAN TO THE ANIMAL CARE FACILITY PROJECT OF $650,000 FROM THE PROCEEDS OF THE SALE OF WHITEWATER STOCK CURRENTLY HELD IN THE TRUST AND AGENCY ACCOUNT AND APPROPRIATING SAID FUNDS FOR CONSTRUCTION." Moved by Councilmember Weigel, seconded by Councilmember Foat.
Vote to Adopt Resolution No. 22802, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A LOAN TO THE ANIMAL CARE FACILITY PROJECT OF $650,000 FROM THE PROCEEDS OF THE SALE OF WHITEWATER STOCK CURRENTLY HELD IN THE TRUST AND AGENCY ACCOUNT AND APPROPRIATING SAID FUNDS FOR CONSTRUCTION." (Approved)
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
ADJOURNMENT:
Sep 08, 2010 City Council Meeting
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CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
Roll Call: 6 members present, 0 members absent, 0 members excused.
PRESENTATIONS:
REPORT OF CLOSED SESSION:
ACCEPTANCE OF THE AGENDA:
Mayor Pro Tem Hutcheson noted his business related abstention on Consent Calendar Item 2.U.
Councilmember Mills requested Items 2.J., 2.N., and 2.S be removed from the Consent Calendar for separate discussion, noted a correction in the July 21, 2010 Minutes and noted his abstention on the July 21, 2010 Minutes.
Councilmember Foat noted her abstention to the Minutes of July 21, 2010, and requested Items 2.Q. and 2.U. be removed from the Consent Calendar for separate discussion.
Motion to approve Accept the Agenda as amended. Moved by Councilmember Mills, seconded by Mayor Pro Tem Hutcheson.
Vote to approve 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.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated September 8, 2010.
The Public Testimony portion of the Public Hearing was closed on July 21, 2010.
Councilmember Mills requested architecture issues identified in the staff report on Page 3, No. 2, No. 3, and No. 8 be revisited, stated his support for the project and requested the architecture of the building be improved, and requested the City Council request the architecture approval be reviewed from a design standpoint by AAC and staff.
Mayor Pro Tem Hutcheson questioned if the City Council should provide some direction on the architecture.
Councilmember Foat requested the City Council consider adding a condition of approval requiring an electric vehicle charging station.
MOTION:
Direct staff to prepare a Resolution granting the appeal of the Travis Companies, approving a Conditional Use Permit and Variance with conditions of approval,
including a condition for the City Council to review the final architecture prior to final approval
, for the construction and operation of a gasoline service station within the Rimrock Plaza.
Motion Councilmember Foat, failed for lack of second.
Motion to Direct staff to prepare a Resolution granting the appeal of the Travis Companies, approving a Conditional Use Permit and Variance with conditions of approval,
including a condition for the AAC and City Staff to review the final architecture prior to final approval,
for the construction and operation of a gasoline service station within the Rimrock Plaza. Moved by Councilmember Weigel, seconded by Mayor Pro Tem Hutcheson.
Vote to Direct staff to prepare a Resolution granting the appeal of the Travis Companies, approving a Conditional Use Permit and Variance with conditions of approval,
including a condition for the AAC and City Staff to review the final architecture prior to final approval,
for the construction and operation of a gasoline service station within the Rimrock Plaza. (Approved)
1.B. APPLICATION FOR A MULTI-AGENCY ENTERPRISE ZONE DESIGNATION TO THE STATE OF CALIFORNIA, DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT:
Staff Report Item 1.B.
Cathy Van Horn, Economic Development Administrator, provided background information as outlined in the staff report dated September 8, 2010.
Mayor Pougnet opened the Public Hearing, and no speakers coming forward the public hearing was closed.
Motion to Adopt Resolution No. 22786, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE STATE OF CALIFORNIA, DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT, FOR DESIGNATION OF THE DESERT CITIES ENTERPRISE ZONE IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT." Moved by Councilmember Foat, seconded by Mayor Pro Tem Hutcheson.
Vote to Adopt Resolution No. 22786, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE STATE OF CALIFORNIA, DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT, FOR DESIGNATION OF THE DESERT CITIES ENTERPRISE ZONE IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT." (Approved)
1.C. PROPOSED ESTABLISHMENT OF A CONTRACTUAL ASSESSMENT PROGRAM TO FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES AND ENERGY AND WATER EFFICIENCY IMPROVEMENTS:
Staff Report Item 1.C.
Motion to approve 1) Continue the Public Hearing to September 22, 2010, with no public testimony at this time; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. Moved by Mayor Pro Tem Hutcheson, seconded by Councilmember Weigel.
Vote to approve 1) Continue the Public Hearing to September 22, 2010, with no public testimony at this time; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. (Approved) (Recorded at 01:21:39)
PUBLIC COMMENT:
JIM CAMPER, spoke on Item 2.N., and requested the City Council approve the permit for Organic Solutions of the Desert.
DIANE BLASDEL, spoke on Item 2.N., and requested the City Council approve the permit to Organic Solutions of the Desert.
DIANE ROSS, thanked the City Council and staff for the abatement nuisance at 1091 Paseo de Marcia, noted the improvements to the property, and commented on the recent CPR training by Fire Department.
CHARLES SACHS, Palm Springs, commented on the removal of trees at Casa de Oro.
STEVE ROSENBERG, commented on the City Council approval of Items 1.A. and 1.B.
JOY MEREDITH, commented on the recent Crystal Eagle Award to the City.
COUNCILMEMBER COMMENTS:
Mayor Pougnet commented on the progress in the Downtown and Uptown areas in the City of Palm Springs.
Councilmember Foat read a letter received by the City commenting on the positive experience with the Building Department and announced the Desert Water Agency public hearing proposing a water rate increase.
CITY MANAGER’S REPORT:
2. CONSENT CALENDAR:
Motion to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.E. 2.F. 2.G., 2.H., 2.I., 2.K., 2.L., 2.M., 2.O., 2.P., 2.R., 2.T., 2.V., 2.W., and 2.X. Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.E. 2.F. 2.G., 2.H., 2.I., 2.K., 2.L., 2.M., 2.O., 2.P., 2.R., 2.T., 2.V., 2.W., and 2.X. (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. STAFF AUTHORIZED AGREEMENTS FOR JUNE, JULY, AND AUGUST, 2010:
Staff Report Item 2.D.
2.E. TREASURER'S INVESTMENT REPORT:
Staff Report Item 2.E.
2.F. CONFLICT OF INTEREST CODE 2010 BIENNIAL NOTICE PURSUANT TO THE POLITICAL REFORM ACT:
Staff Report Item 2.F.
2.G. PIPELINE INSPECTION AGREEMENT WITH SFPP, LP, RELATED TO THE GENE AUTRY TRAIL UNION PACIFIC RAILROAD (UPRR) BRIDGE WIDENING PROJECT (CP 01-04):
Staff Report Item 2.G.
2.H. GRANT DEEDS TO CONVEY RIGHTS-OF-WAY TO THE STATE OF CALIFORNIA RELATED TO THE INDIAN CANYON DRIVE/INTERSTATE 10 INTERCHANGE (CP 00-14):
Staff Report Item 2.H.
2.I. AMENDMENT NO. 1 TO AGREEMENT NO. A5755 WITH NOLTE ASSOCIATES, INC., FOR THE TAHQUITZ CREEK LEVEE CERTIFICATION:
Staff Report Item 2.I.
2.K. PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE INDIAN CANYON DRIVE AT VISTA CHINO TRAFFIC SIGNAL MODIFICATION (CP 08-17):
Staff Report Item 2.K.
2.L. AMENDMENT NO. 1 TO AGREEMENT NO. A5601 WITH EBERHART/UNITED CONSULTANTS, INC. TO PROVIDE GEOTECHNICAL SERVICES IN THE AMOUNT OF $10,000:
Staff Report Item 2.L.
2.M. PROGRAM SUPPLEMENT AGREEMENT NO. 033-N, WITH THE STATE OF CALIFORNIA FOR USE OF SAFETEA-LU HIGH PRIORITY PROJECT (HPLUL) FEDERAL-AID FUNDS FOR THE AGUA CALIENTE CULTURAL MUSEUM ROADWAY IMPROVEMENTS [FEDERAL-AID PROJECT NO. HPLUL-5282(033) CP 09-04]:
Staff Report Item 2.M.
2.O. PARTICIPATION IN THE INSTITUTE FOR LOCAL GOVERNMENT’S BEACON AWARD FOR LOCAL LEADERSHIP TOWARD SOLVING CLIMATE CHANGE:
Staff Report Item 2.O.
2.P. PURCHASE OF TEN BIG BELLY SOLAR POWERED TRASH COMPACTORS FROM WAXIE SANITARY SUPPLY IN THE AMOUNT OF $42,956.25:
Staff Report Item 2.P.
2.R. ACCEPTANCE OF $165,000.00 IN GRANT FUNDING FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) FOR A DUI ENFORCEMENT AND AWARENESS PROJECT TO BE USED TO ENFORCE, EDUCATE, AND BRING AWARENESS TO THE PUBLIC:
Staff Report Item 2.R.
2.T. EXTEND THE CONTRACT SERVICES AGREEMENT FOR CLAIMS ADJUSTMENT AND ADMINISTRATIVE SERVICE WITH CARL WARREN & COMPANY TO JUNE 30, 2011:
Staff Report Item 2.T.
2.V. COMMUNITY REDEVELOPMENT AGENCY AGREEMENT WITH THE FAIR HOUSING COUNCIL OF RIVERSIDE COUNTY, INC., FOR FAIR HOUSING SERVICES THROUGH EDUCATION, TRAINING/TECHNICAL ASSISTANCE AND ENFORCEMENT IN THE AMOUNT OF $37,430:
Staff Report Item 2.V.
2.W. ADVERTISING CONTRACT WITH THE DESERT SUN FOR DISPLAY AND LEGAL ADVERTISING TO JUNE 30, 2011:
Staff Report Item 2.W.
2.X. ACCEPT THE RESIGNATION OF PAMELA JO KERSHAW FROM THE HUMAN RIGHTS COMMISSION:
Staff Report Item 2.X.
EXCLUDED CONSENT CALENDAR:
2.J. PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID THE PALM SPRINGS MAIN LIBRARY ROOFING PROJECT (CP 10-04):
Staff Report Item 2.J.
Councilmember Mills requested staff address the fascia drawings and the aesthetics of the roofing project.
Motion to 1) Approve the plans, specifications and working details for the Palm Springs Main Library Roofing Project (CP 10-04
) with Councilmember Mills to review the fascia drawings and the aesthetics
of the roofing project;
and 2) Authorize staff to advertise and solicit bids. Moved by Councilmember Weigel, seconded by Councilmember Foat.
Vote to 1) Approve the plans, specifications and working details for the Palm Springs Main Library Roofing Project (CP 10-04
) with Councilmember Mills to review the fascia drawings and the aesthetics
of the roofing project;
and 2) Authorize staff to advertise and solicit bids. (Approved)
2.N. APPROVE A 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.N.
Councilmember Weigel stated he participated in the selection of the provider, but he did not vote in favor of the City allowing a third provider.
Councilmember Mills stated he participated in the selection of the provider, but he did not vote in favor of the City allowing a third provider.
Motion to Adopt Resolution No. 22798, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PERMIT TO OPERATE A MEDICAL CANNABIS COLLECTIVE/COOPERATIVE TO ORGANIC SOLUTIONS OF THE DESERT AT 560 WILLIAMS ROAD, PALM SPRINGS (CASE MC 09-002)." Moved by Mayor Pougnet, seconded by Mayor Pro Tem Hutcheson.
Vote to Adopt Resolution No. 22798, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PERMIT TO OPERATE A MEDICAL CANNABIS COLLECTIVE/COOPERATIVE TO ORGANIC SOLUTIONS OF THE DESERT AT 560 WILLIAMS ROAD, PALM SPRINGS (CASE MC 09-002)." (Approved)
2.Q. SUPPORT OF CONGRESSIONAL ACTION REGARDING PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM:
Staff Report Item 2.Q.
Councilmember Foat requested staff send the Resolution and letters to the proper City's legislators.
Motion to Adopt Resolution No. 22800, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN SUPPORT OF IMMEDIATE CONGRESSIONAL ACTION TO AUTHORIZE LEGISLATION ALLOWING PROPERTY ASSESSED CLEAN ENERGY PROGRAMS." Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to Adopt Resolution No. 22800, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN SUPPORT OF IMMEDIATE CONGRESSIONAL ACTION TO AUTHORIZE LEGISLATION ALLOWING PROPERTY ASSESSED CLEAN ENERGY PROGRAMS." (Approved)
2.S. AMENDMENT NO. 2 TO AGREEMENT NO. A5348 WITH RS&H CALIFORNIA, INC. FOR AVIATION CONSULTING SERVICES IN THE AMOUNT OF $233,560:
Staff Report Item 2.S.
Councilmember Mills requested staff address the funding for the project, and if the City will pay a portion of funds or if the project is 100% Federal FAA funding.
Motion to 1) Approve Amendment No. 2 to Agreement No. A5348 with RS&H California, Inc. for aviation consulting services in the amount of $233,560; and 2) Authorize the City Manager to execute all necessary documents. A5348. Moved by Councilmember Weigel, seconded by Mayor Pougnet.
Vote to 1) Approve Amendment No. 2 to Agreement No. A5348 with RS&H California, Inc. for aviation consulting services in the amount of $233,560; and 2) Authorize the City Manager to execute all necessary documents. A5348. (Approved)
Mayor Pro Tem Hutcheson stated he has a business related conflict of interest with respect to Item 2.U., would not participate in the discussion or the vote, and left Council Chamber.
2.U. AGREEMENT WITH MUNISERVICES, LLC FOR AUDITING AND ASSOCIATED CONSULTING SERVICES FOR THE TRANSIENT OCCUPANCY TAX COMPLIANCE PROGRAM:
Staff Report Item 2.U.
Councilmember Foat requested staff address past practice and the expected effectiveness of the proposed audits.
Motion to approve 1) Approve an agreement in an amount not to exceed $175,000 with MuniServices, LLC to provide the City with Transient Occupancy Tax (TOT) compliance audits for a two year period, in a form acceptable to the City Attorney; and 2) Authorize the City Manager to execute all necessary documents. A6017. Moved by Councilmember Mills, seconded by Councilmember Weigel.
Vote to approve 1) Approve an agreement in an amount not to exceed $175,000 with MuniServices, LLC to provide the City with Transient Occupancy Tax (TOT) compliance audits for a two year period, in a form acceptable to the City Attorney; and 2) Authorize the City Manager to execute all necessary documents. A6017. (Approved) (Recorded at 01:54:50)
Mayor Pro Tem Hutcheson returned to the dais.
3. LEGISLATIVE:
4. UNFINISHED BUSINESS:
4.A. PROPOSED AMENDMENTS TO THE SWIM CENTER FEES AND MODIFICATIONS TO THE COMPREHENSIVE FEE SCHEDULE:
Staff Report Item 4.A.
Vicki Oltean, Director of Parks and Recreation, provided background information as outlined in the staff report dated September 8, 2010.
Mayor Pougnet requested staff address the overall increase in review and the rate charged to the non-profit swim team.
Mayor Pro Tem Hutcheson said the increases are not incredibly robust, recommend the City Council review the rates for non-Palm Springs residents, and requested staff review the rate to rent the entire facility.
Councilmember Foat commented on the fees for non-profit swim teams.
Councilmember Weigel stated he generally is not in support of a substantial increase to rates during the current economic climate, commented on the modest rates to pool users, and recommended the City look at some other fee structure and review the rates for non-residents.
Councilmember Mills stated he is not in favor of a fee increase for general programs, but indicated staff should review the proposed rates for swim teams and a different rate for non-residents.
ACTION:
Direct staff to further review Swim Center Fees and return to the City Council.
By consensus of the City Council.
4.B. AMENDMENT NO. 3 TO REIMBURSEMENT AGREEMENT NO. A4195, WITH THE COUNTY OF RIVERSIDE, CITY OF DESERT HOT SPRINGS, AND CVAG FOR THE PALM DRIVE/GENE AUTRY TRAIL AT INTERSTATE 10 INTERCHANGE PROJECT:
Staff Report Item 4.B.
David Barakian, City Engineer, provided background information as outlined in the staff report dated September 8, 2010.
Motion to 1) Approve Amendment No. 3 to Reimbursement Agreement No. A4195 with the County of Riverside, City of Desert Hot Springs, and CVAG amending the total cost to $25,931,000 for the Palm Drive/Gene Autry Trail at Interstate 10 Interchange Project, and allocating the $1,979,780 federal DEMO grant towards the entire Desert Hot Springs’ share of the project cost; and 2) Authorize the City Manager to execute all necessary documents. A4195. Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to 1) Approve Amendment No. 3 to Reimbursement Agreement No. A4195 with the County of Riverside, City of Desert Hot Springs, and CVAG amending the total cost to $25,931,000 for the Palm Drive/Gene Autry Trail at Interstate 10 Interchange Project, and allocating the $1,979,780 federal DEMO grant towards the entire Desert Hot Springs’ share of the project cost; and 2) Authorize the City Manager to execute all necessary documents. A4195. (Approved)
5. NEW BUSINESS:
The City Council heard Item 5.C. out of order.
5.A. MEMORANDUM OF UNDERSTANDING WITH SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 REPRESENTING THE GENERAL UNIT:
Staff Report Item 5.A.
City Manager Ready provided background information as outlined in the staff report dated September 8, 2010.
Motion to Adopt Resolution No. 22801, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) LOCAL 721 REPRESENTING THE GENERAL UNIT, FOR THE PERIOD JULY 1, 2010 THROUGH JUNE 30, 2012, SUBJECT TO UNIT’S RATIFICATION AND EXECUTING THE MEMORANDUM OF UNDERSTANDING;" and 2) Authorize the City Manager to execute the Memorandum of Understanding in a form acceptable to the City Attorney. A5581. Moved by Councilmember Foat, seconded by Councilmember Weigel.
Vote to Adopt Resolution No. 22801, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) LOCAL 721 REPRESENTING THE GENERAL UNIT, FOR THE PERIOD JULY 1, 2010 THROUGH JUNE 30, 2012, SUBJECT TO UNIT’S RATIFICATION AND EXECUTING THE MEMORANDUM OF UNDERSTANDING;" and 2) Authorize the City Manager to execute the Memorandum of Understanding in a form acceptable to the City Attorney. A5581. (Approved)
5.B. 2010 COACHELLA VALLEY RAIL STUDY UPDATE:
Staff Report Item 5.B.
Mayor Pougnet provided an update on the 2010 Coachella Valley Rail Study, and the ultimate importance of the station and Amtrak stop in Palm Springs.
Councilmember Weigel commented on the timing of such a project and potential grant funding from the Federal government.
Councilmember Foat strongly urged the City to support the Rail Study with CVAG.
Councilmember Mills commented on the history of the current Palm Springs Train Station, and to maintain the current station.
No action taken.
5.C. APPROVE ADDITIONAL FUNDING FOR THE PALM SPRINGS ANIMAL CARE FACILITY PROJECT FROM A $650,000 LOAN FROM THE PROCEEDS OF THE SALES OF WHITEWATER MUTUAL WATER COMPANY STOCK HELD IN THE TRUST AND AGENCY ACCOUNT:
Staff Report Item 5.C.
City Manager Ready provided background information as outlined in the staff report dated September 8, 2010.
Councilmember Foat commented on the fundraising by the Friends of the Palm Springs Animal Shelter, and requested Dr. Koontz provide a fundraising and grant update.
Councilmember Weigel requested Dr. Koontz address the total funding commitments.
Mayor Pougnet stated his support for the original $5 million funding toward the project, opposed to the funding from the City’s Sustainability Fund, and the lackluster funding from interest groups.
Motion to Adopt Resolution No. 22802, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A LOAN TO THE ANIMAL CARE FACILITY PROJECT OF $650,000 FROM THE PROCEEDS OF THE SALE OF WHITEWATER STOCK CURRENTLY HELD IN THE TRUST AND AGENCY ACCOUNT AND APPROPRIATING SAID FUNDS FOR CONSTRUCTION." Moved by Councilmember Weigel, seconded by Councilmember Foat.
Vote to Adopt Resolution No. 22802, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A LOAN TO THE ANIMAL CARE FACILITY PROJECT OF $650,000 FROM THE PROCEEDS OF THE SALE OF WHITEWATER STOCK CURRENTLY HELD IN THE TRUST AND AGENCY ACCOUNT AND APPROPRIATING SAID FUNDS FOR CONSTRUCTION." (Approved)
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
ADJOURNMENT:
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