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:
Councilmember Foat noted her abstention on Item 2.B., requested Items 2.H. and 2.I. be removed from the Consent Calendar for separate discussion.
Councilmember Mills noted his abstention on Consent Calendar Item 2.B.
Motion to approve Accept the Agenda as amended. Moved by Councilmember Hutcheson, seconded by Mayor Pro Tem Weigel.
Vote to approve Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
Councilmember Hutcheson stated he has property ownership conflict of interest with respect to Item 1.A., would not participate in the discussion or the vote, and left Council Chamber.
1.A. HUNTER HOLDINGS, LLC, APPROVE TENTATIVE TRACT MAP 33334 FOR THE PURPOSE OF CREATING A CONDOMINIUM MAP WITHIN A PREVIOUSLY APPROVED PLANNED DEVELOPMENT DISTRICT (PD313) LOCATED AT 2743 NORTH INDIAN CANYON DRIVE, A MIXED USED DEVELOPMENT CONSISTING OF FLAG LOTS, EXISTING DWELLING UNITS, STRUCTURES AND 57 NEW TOWNHOME UNITS:
Staff Report Item 1.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated December 15, 2010.
Councilmember Foat request staff address the ownership and a proposed convenience store at the location.
Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.
MICHAEL MUELLER, Palm Springs Racquet Club, stated he was former owner of the property and requested the City Council allow the project to move forward, commented on the density at the site, the mixed use status, the historic consideration, and outlined the benefits of the project.
ART TUFFS, commented on his experience at the historic Racquet Club, and requested the City Council approve the project.
WILLIE JAMES HOLLAND, SR., commented on the redevelopment of Palm Springs, the City process stopping growth in North Palm Springs, and stated the project needs to be finished.
No further speakers coming forward, the Public Hearing was closed.
Motion to approve Adopt Resolution No. 22838, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 33334 FOR THE PURPOSE OF CREATING A CONDOMINIUM MAP FOR THE PREVIOUSLY APPROVED MIXED-USE DEVELOPMENT WITHIN THE EXISTING RACQUET CLUB OF PALM SPRINGS LOCATED AT 2743 NORTH INDIAN CANYON DRIVE, ZONE PDD-313, SECTION 3." Moved by Councilmember Mills, seconded by Councilmember Foat.
Vote to approve Adopt Resolution No. 22838, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 33334 FOR THE PURPOSE OF CREATING A CONDOMINIUM MAP FOR THE PREVIOUSLY APPROVED MIXED-USE DEVELOPMENT WITHIN THE EXISTING RACQUET CLUB OF PALM SPRINGS LOCATED AT 2743 NORTH INDIAN CANYON DRIVE, ZONE PDD-313, SECTION 3." (Approved) (Recorded at 01:13:15)
Councilmember Hutcheson returned to the dais.
1.B. DESERT PALISADES SPECIFIC PLAN APPROVING A SPECIFIC PLAN, GENERAL PLAN AMENDMENT, CHANGE OF ZONE, AND TENTATIVE TRACT MAP (35540) FOR DEVELOPMENT OF 110 HOMESITES, DWA DUAL TANK WATER RESERVOIR, AND RELATED FACILITIES ON A ROUGHLY 117-ACRE SITE IN PLANNING AREA 4 OF THE ESA-SP ZONE (CHINO CONE) LOCATED AT THE WESTERN TERMINUS OF WEST RACQUET CLUB ROAD, SECTION 4, TOWNSHIP 4, RANGE 4 (IL) (CASE NO 5.1154 SP):
Motion to approve 1) Continue the Public Hearing to Wednesday, January 5, 2011, with no public testimony at this time; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to approve 1) Continue the Public Hearing to Wednesday, January 5, 2011, with no public testimony at this time; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. (Approved) (Recorded at 01:14:22)
PUBLIC COMMENT:
DONNA CHABAN, Palm Springs, Board of Library Trustees, thanked the City Council for approval of the contract to replace the roof at the Palm Springs Library, and stated the Board committed Trust Funds for the Project.
GREG HAM, commented on Item 4.C., commented on the improvements to the property with the lease to 7-Eleven, the improvements to the property, the proposed signage, neighborhood outreach, and requested the City Council approve the Resolution of Convenience.
JASON MURRAY, 7-Eleven, Inc., commented on Item 4.C., outlined the concept and the vision of the store to become a fresh food market.
JARED MECHAM, Palm Springs, River Mojave Academy, stated they are retracting their letter of opposition to Item 4.C., Resolution of Convenience for 7-Eleven.
DOUG JONES, commented on Item 4.C., the current run-down status of the property, and stated the project will enhance the neighborhood.
MARTHA HIGGINS, Wessman Development, commented on Item 4.D., outlined the status of the property when it was purchased by Wessman Development, the on-going marketing efforts, the steps toward the PDD Application and the Specific Plan, and stated Wessman Development is in the best position to develop the property.
EMILY HEMPHILL, commented on Item 4.D., commented on the use of eminent domain, outlined the unrealistic demands of the City during the OPA negotiations, commented on the taking of the property, the burden for the retailers and the City, commented on the discrepancy of the City on initial value.
NONI TATE, Palm Springs, Fair Housing Council of Riverside County, commented on the services provided by the Fair Housing Council to the City of Palm Springs, and the number of residents served in the City of Palm Springs.
THOMAS O'CONNELL, commented on Item 4.C., commented on the condition of the property, outlined his concerns for the property, the 24-hour operations, similar impacts to other like businesses in the area, distracting to the Riviera, traffic concerns, and the proximity to a school, but stated this is a good developer.
JOHN TYMON, commented on his recent treatment by City staff and Community Action Partnership.
WILLIE JAMES HOLLAND, SR., commented on the crime and drug use in the North end of Palm Springs.
JOY MEREDITH, thanked the City Council and the City for the effort in the Downtown and Uptown areas, commented on the successful Festival of Lights Parade, and the tree lighting in the Downtown area.
SOBHY YOUSEF, Shell Station owner, commented on the decline in business, commented on Item 4.C., and stated the City turned down his business two-years ago due to the proximity of the school.
JOHN DASH, commented on Item 4.D., and the development of the Desert Fashion Plaza, and stated the City and the developer need a long term plan and vision.
COUNCILMEMBER COMMENTS:
Councilmember Foat commented on the need for donations of toys for the holidays for families in need in the City of Palm Springs.
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.J., 2.K., 2.L. 2.M., 2.N., and 2.O. Moved by Councilmember Hutcheson, seconded by Councilmember Mills.
Vote to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.J., 2.K., 2.L. 2.M., 2.N., and 2.O. (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. ADOPTION OF A CITY OF PALM SPRINGS CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974:
Staff Report Item 2.D.
2.E. ACCEPTANCE OF THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS (SLESF) GRANT FROM THE STATE OF CALIFORNIA AND APPROVING THE EXPENDITURE PLAN AND APPROPRIATION:
Staff Report Item 2.E.
2.F. APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. 032-N, WITH THE STATE OF CALIFORNIA FOR USE OF TEA-21 HIGH PRIORITY PROJECT (HP21L) FEDERAL-AID FUNDS FOR THE INDIAN CANYON DRIVE AT INTERSTATE 10 INTERCHANGE [CITY PROJECT NO. 00-14, FEDERAL-AID PROJECT NO. HP21L-5282 (035)]:
Staff Report Item 2.F.
2.G. APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. 030-N, WITH THE STATE OF CALIFORNIA FOR USE OF AMERICAN REINVESTMENT AND RECOVERY ACT OF 2009 (ESPL) AND SAFETEA-LU HIGH PRIORITY PROJECT (HPLU) FEDERAL-AID FUNDS FOR THE INDIAN CANYON DRIVE AT INTERSTATE 10 INTERCHANGE [CITY PROJECT NO. 00-14, FEDERAL-AID PROJECT NO. ESPLHPLU-5282(034)]:
Staff Report Item 2.G.
2.J. CITY OF PALM SPRINGS GOVERNMENT CODE SECTION 66000 DEVELOPMENT PROJECT FEE REPORT FOR FISCAL YEAR 2009-10:
Staff Report Item 2.J.
2.K. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH DMC DESIGN GROUP, INC., FOR THE AGUA CALIENTE CULTURAL MUSEUM ROAD AND DRAINAGE IMPROVEMENTS [FEDERAL PROJECT PLHDL06-5282 (032) AND HPLUL-5282 (033)] (CITY PROJECT 09-04):
Staff Report Item 2.K.
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. REPORT OF EMERGENCY CLEAN UP FROM DIESEL SPILL AT CITY HALL PURSUANT TO PALM SPRINGS MUNICIPAL CODE SECTION 7.04.040:
Staff Report Item 2.M.
2.N. AWARD OF CONTRACT FOR THE PALM SPRINGS MAIN LIBRARY ROOFING PROJECT (CITY PROJECT NO. 10-04):
Staff Report Item 2.N.
2.O. PROPOSED ORDINANCE DISSOLVING COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ESCENA) AND TERMINATING THE LEVY OF SPECIAL TAXES WITHIN SAID DISTRICT:
Staff Report Item 2.O.
EXCLUDED CONSENT CALENDAR:
2.H. ACCEPTANCE OF GRANT FUNDING FROM THE UNIVERSITY OF CALIFORNIA BERKELEY, SAFE TRANSPORTATION RESEARCH AND EDUCATION CENTER (SAFETREC), FOR A SOBRIETY CHECKPOINT MINI-GRANT PROGRAM IN THE AMOUNT OF $16,796.91 FOR ENFORCEMENT, EDUCATION AND PUBLIC AWARENESS:
Staff Report Item 2.H.
Councilmember Foat requested the Police Department expand the policy for the enforcement of DUI, and recommended staff review the installation of signs in the City indicating zero tolerance for DUI, programs, partnerships and training of servers, program implemented with taxi companies, DUI information be placed in hotel rooms, and DUI training at the High School.
Motion to approve 1) Accept grant funding, in the amount of $16,796.91, from the University of California at Berkeley, Funded by California Office of Traffic Safety, Safe Transportation Research and Education Center for a sobriety checkpoint mini-grant program; and 2) Authorize the City Manager to execute all necessary documents. A6045. Moved by Councilmember Mills, seconded by Councilmember Foat.
Vote to approve 1) Accept grant funding, in the amount of $16,796.91, from the University of California at Berkeley, Funded by California Office of Traffic Safety, Safe Transportation Research and Education Center for a sobriety checkpoint mini-grant program; and 2) Authorize the City Manager to execute all necessary documents. A6045. (Approved) (Recorded at 02:00:18)
2.I. APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS AND OTHER AGENCIES AND CITIES ESTABLISHING PARTNERSHIPS FOR THE SAFE ROUTES TO SCHOOL PROGRAM:
Staff Report Item 2.I.
Councilmember Foat questioned the City’s role for implementation of the programs.
Motion to approve 1) Approve a Memorandum of Understanding with the Coachella Valley Association of Governments, the Cities of Cathedral City, Desert Hot Springs, Rancho Mirage, Palm Springs Unified School District and the Riverside County Department of Public Health for the Safe Routes to School Program; and 2) Authorize the City Manager to execute the Memorandum of Understanding. A6046. Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to approve 1) Approve a Memorandum of Understanding with the Coachella Valley Association of Governments, the Cities of Cathedral City, Desert Hot Springs, Rancho Mirage, Palm Springs Unified School District and the Riverside County Department of Public Health for the Safe Routes to School Program; and 2) Authorize the City Manager to execute the Memorandum of Understanding. A6046. (Approved) (Recorded at 02:01:55)
3. LEGISLATIVE:
3.A. PROPOSED ORDINANCE CODIFYING CITY COUNCIL REVIEW OF DECISIONS OF CITY COUNCIL APPOINTED COMMISSION AND BOARDS:
Staff Report Item 3.A.
City Clerk Thompson provided background information as outlined in the staff report dated December 15, 2010.
Motion to approve 1) Waive reading of the full text of the Ordinance, and introduce by title only; and 2) Introduce for first reading Ordinance No. 1783, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 2.06.030, TO CHAPTER 2.06 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE CITY COUNCIL REVIEW OF CITY COUNCIL APPOINTED COMMISSION AND BOARD DECISIONS." Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to approve 1) Waive reading of the full text of the Ordinance, and introduce by title only; and 2) Introduce for first reading Ordinance No. 1783, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 2.06.030, TO CHAPTER 2.06 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE CITY COUNCIL REVIEW OF CITY COUNCIL APPOINTED COMMISSION AND BOARD DECISIONS." (Approved) (Recorded at 02:02:58)
The City Council recessed at 8:05 p.m.
The City Council reconvened at 8:11 p.m.
4. UNFINISHED BUSINESS:
4.A. REQUEST BY DOLLAR TREE, INC. FOR A RESOLUTION OF PUBLIC CONVENIENCE TO SELL BEER AND WINE FOR CONSUMPTION OFF PREMISES (TYPE 20 ALCOHOL LICENSE) AT THE EXISTING DOLLAR TREE STORE LOCATED AT 1717 EAST VISTA CHINO ROAD:
Staff Report Item 4.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated December 15, 2010.
Councilmember Foat requested staff address the condition that beer cannot be sold and is limited to wine.
Councilmember Mills would recommend the City Council approve the Resolution of Convenience as stated, with a caveat as requested by the applicant for a wine license only.
Councilmember Hutcheson stated the City Council should support the license as recommended.
Mayor Pro Tem Weigel stated he is tolerant of the license due to the request for wine only.
Mayor Pougnet noted his objections for allowing the sale of liquor at this site due to the proximity to the school and over saturation in the area.
Motion to Adopt Resolution No. 22844, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER AND WINE FOR OFF SITE CONSUMPTION (TYPE 20 ALCOHOL LICENSE) AT A RETAIL STORE LOCATED AT 1717 EAST VISTA CHINO ROAD, ZONE C-S-C, SECTION 12/T4/R4
;" amending the Resolution adding a Section 2 providing the City Council Resolution of Convenience is limited for the sale of wine only, as requested by the Applicant in the Applicant’s Statement of Justification."
Moved by Councilmember Foat, seconded by Mayor Pro Tem Weigel.
Vote to Adopt Resolution No. 22844, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER AND WINE FOR OFF SITE CONSUMPTION (TYPE 20 ALCOHOL LICENSE) AT A RETAIL STORE LOCATED AT 1717 EAST VISTA CHINO ROAD, ZONE C-S-C, SECTION 12/T4/R4
;" amending the Resolution adding a Section 2 providing the City Council Resolution of Convenience is limited for the sale of wine only, as requested by the Applicant in the Applicant’s Statement of Justification."
(Approved)
4.B. JOINT ITEM OF THE CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY TO APPROVE A LEASE AGREEMENT WITH VERIZON WIRELESS FOR NON-EXCLUSIVE USE OF FLOOR SPACE ON THE TOP DECK OF THE CITY-OWNED PARKING STRUCTURE LOCATED AT 295 SOUTH INDIAN CANYON DRIVE:
Staff Report Item 4.B.
John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated December 15, 2010.
Mayor Pougnet requested staff address the annual revenue to the City from the lease.
Mayor Pro Tem Weigel requested staff address the "co-locatable" capacity to the site and facility if approved.
Councilmember Mills commented on his previous objection and stated the architecture issues have been resolved.
Motion to approve 1) Approve a Lease Agreement with Verizon Wireless, the Community Redevelopment Agency, and the City of Palm Springs, for the non-exclusive use of the City-owned Parking Structure to provide floor, rooftop, antenna, and cabling space on the top deck; and 2) Authorize the City Manager and Execute Director to execute the Lease Agreement. A6049. Moved by Councilmember Hutcheson, seconded by Councilmember Mills.
Vote to approve 1) Approve a Lease Agreement with Verizon Wireless, the Community Redevelopment Agency, and the City of Palm Springs, for the non-exclusive use of the City-owned Parking Structure to provide floor, rooftop, antenna, and cabling space on the top deck; and 2) Authorize the City Manager and Execute Director to execute the Lease Agreement. A6049. (Approved) (Recorded at 02:23:34)
Councilmember Mills stated he has a business related conflict of interest with respect to Item 4.C., would not participate in the discussion or the vote, and left Council Chamber.
4.C. REQUEST BY 7-ELEVEN, INC. FOR A RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER AND WINE FOR CONSUMPTION OFF PREMISES AT A PROPOSED CONVENIENCE STORE LOCATED AT 150 WEST VISTA CHINO ROAD:
Staff Report Item 4.C.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated December 15, 2010.
Councilmember Foat requested the City Attorney and staff address the current license obtained by the Applicant.
Councilmember Hutcheson stated this provides an opportunity to enhance the property and the neighborhood, noted the proposed concept for fresh foods, and the transfer of an existing license from one area in the City to another.
Councilmember Foat noted the condition of the property, but stated she would like 7-Eleven open at this location without the liquor license, commented on the recent denial of the license to the adjacent gas station, the proximity to the school, and the saturation of liquor stores in the area.
Mayor Pro Tem Weigel requested staff address the options if the liquor license was denied and if the store may proceed without the sale of liquor, and commented on the saturation of liquor sales in the area.
Motion to Adopt Resolution No. 22845, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER AND WINE FOR OFF SITE CONSUMPTION (TYPE 20 ALCOHOL LICENSE) TO BE LOCATED AT A PROPOSED 24-HOUR CONVENIENCE STORE AT 150 WEST VISTA CHINO ROAD, APN 504-320-016, ZONE C-1/R-3, SECTION 3/T4/R4." Moved by Councilmember Hutcheson The motion did not receive a seconder and was lost.
No action taken.
Councilmember Mills returned to the dais.
4.D. JOINT ITEM OF THE CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY DISCUSSING THE ACQUISITION OF PROPERTIES WITHIN THE CITY OF PALM SPRINGS MUSEUM MARKET PLAZA SPECIFIC PLAN:
Staff Report Item 4.D.
Mayor Pougnet provided a history of the property and background information as outlined in the staff report dated December 15, 2010.
Councilmember Mills commented on the history of the property and the proposals for the property, stated the City has given the property owner many opportunities, and stated the City needs to start moving forward for future success.
Mayor Pro Tem Weigel requested staff address the options to continue to work with Wessman Development, if they choose to submit an application to develop the property.
Councilmember Hutcheson recapped some of the key points, discussion with the public, a vote of the people in a Special June Election, in the interim the City would continue to work with Wessman toward resolve, and recommended the City take its future in its own hands.
Councilmember Foat commented on the installation of the proposed road to the Museum, the success of the City with attracting developers in the Springs and Smoketree, and the lack of the attraction of developers to a proposed Downtown Project, stated the appraisal is fair, and encouraged Wessman Development to accept the City’s offer.
Councilmember Foat stated the time to act is now, and commented on the progress of El Paseo in Palm Desert.
Motion to Authorize the Executive Director or his designee to make a conditional offer to purchase the Properties from Wessman Development, and negotiate in good faith with Wessman Development for the purchase of such properties. Moved by Councilmember Foat, seconded by Councilmember Hutcheson.
Vote to Authorize the Executive Director or his designee to make a conditional offer to purchase the Properties from Wessman Development, and negotiate in good faith with Wessman Development for the purchase of such properties. (Approved)
5. NEW BUSINESS:
5.A. REVIEW AND APPOINT CITY COUNCIL SUBCOMMITTEES AND CITY COUNCIL LIAISONS TO OUTSIDE ORGANIZATIONS:
Staff Report Item 5.A.
City Clerk Thompson provided background information as outlined in the staff report dated December 15, 2010.
ACTION:
1) Direct the City Clerk to delete the Palm Springs Recycle from the External Organizations List; 2) Direct the City Clerk to delete the following from the Subcommittees List: Jackie Lee Houston Plaza, Convention Center Management Agreement, Housing Element and the Wyndam Hotel; 2) Direct the City Clerk to substitute Mayor Pro Tem Weigel for Mayor Pougnet on the WWTP Subcommittee; 3) Direct the City Clerk to add Councilmember Mills to the ComDyn Affordable Housing Project Subcommittee; 4) Remove the Office of Neighborhood Involvement Liaison (Councilmember Foat) and create a new list of City Council Liaisons to City Commissions and Boards, including Councilmember Foat as the City Council Liaison to the Office of Neighborhood Involvement and Councilmember Mills as the City Council Liaison to the Airport Commission.
By consensus of the City Council.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Mills commented on the recent Marine Corps Holiday Concert in Palm Springs.
Councilmember Foat commented on the need for donations of toys for the holidays for families in need in the City of Palm Springs.
ADJOURNMENT:
Dec 15, 2010 City Council Meeting
Full agenda
Share this video
Video Index
Full agenda
Share
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:
Councilmember Foat noted her abstention on Item 2.B., requested Items 2.H. and 2.I. be removed from the Consent Calendar for separate discussion.
Councilmember Mills noted his abstention on Consent Calendar Item 2.B.
Motion to approve Accept the Agenda as amended. Moved by Councilmember Hutcheson, seconded by Mayor Pro Tem Weigel.
Vote to approve Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
Councilmember Hutcheson stated he has property ownership conflict of interest with respect to Item 1.A., would not participate in the discussion or the vote, and left Council Chamber.
1.A. HUNTER HOLDINGS, LLC, APPROVE TENTATIVE TRACT MAP 33334 FOR THE PURPOSE OF CREATING A CONDOMINIUM MAP WITHIN A PREVIOUSLY APPROVED PLANNED DEVELOPMENT DISTRICT (PD313) LOCATED AT 2743 NORTH INDIAN CANYON DRIVE, A MIXED USED DEVELOPMENT CONSISTING OF FLAG LOTS, EXISTING DWELLING UNITS, STRUCTURES AND 57 NEW TOWNHOME UNITS:
Staff Report Item 1.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated December 15, 2010.
Councilmember Foat request staff address the ownership and a proposed convenience store at the location.
Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.
MICHAEL MUELLER, Palm Springs Racquet Club, stated he was former owner of the property and requested the City Council allow the project to move forward, commented on the density at the site, the mixed use status, the historic consideration, and outlined the benefits of the project.
ART TUFFS, commented on his experience at the historic Racquet Club, and requested the City Council approve the project.
WILLIE JAMES HOLLAND, SR., commented on the redevelopment of Palm Springs, the City process stopping growth in North Palm Springs, and stated the project needs to be finished.
No further speakers coming forward, the Public Hearing was closed.
Motion to approve Adopt Resolution No. 22838, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 33334 FOR THE PURPOSE OF CREATING A CONDOMINIUM MAP FOR THE PREVIOUSLY APPROVED MIXED-USE DEVELOPMENT WITHIN THE EXISTING RACQUET CLUB OF PALM SPRINGS LOCATED AT 2743 NORTH INDIAN CANYON DRIVE, ZONE PDD-313, SECTION 3." Moved by Councilmember Mills, seconded by Councilmember Foat.
Vote to approve Adopt Resolution No. 22838, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 33334 FOR THE PURPOSE OF CREATING A CONDOMINIUM MAP FOR THE PREVIOUSLY APPROVED MIXED-USE DEVELOPMENT WITHIN THE EXISTING RACQUET CLUB OF PALM SPRINGS LOCATED AT 2743 NORTH INDIAN CANYON DRIVE, ZONE PDD-313, SECTION 3." (Approved) (Recorded at 01:13:15)
Councilmember Hutcheson returned to the dais.
1.B. DESERT PALISADES SPECIFIC PLAN APPROVING A SPECIFIC PLAN, GENERAL PLAN AMENDMENT, CHANGE OF ZONE, AND TENTATIVE TRACT MAP (35540) FOR DEVELOPMENT OF 110 HOMESITES, DWA DUAL TANK WATER RESERVOIR, AND RELATED FACILITIES ON A ROUGHLY 117-ACRE SITE IN PLANNING AREA 4 OF THE ESA-SP ZONE (CHINO CONE) LOCATED AT THE WESTERN TERMINUS OF WEST RACQUET CLUB ROAD, SECTION 4, TOWNSHIP 4, RANGE 4 (IL) (CASE NO 5.1154 SP):
Motion to approve 1) Continue the Public Hearing to Wednesday, January 5, 2011, with no public testimony at this time; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to approve 1) Continue the Public Hearing to Wednesday, January 5, 2011, with no public testimony at this time; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. (Approved) (Recorded at 01:14:22)
PUBLIC COMMENT:
DONNA CHABAN, Palm Springs, Board of Library Trustees, thanked the City Council for approval of the contract to replace the roof at the Palm Springs Library, and stated the Board committed Trust Funds for the Project.
GREG HAM, commented on Item 4.C., commented on the improvements to the property with the lease to 7-Eleven, the improvements to the property, the proposed signage, neighborhood outreach, and requested the City Council approve the Resolution of Convenience.
JASON MURRAY, 7-Eleven, Inc., commented on Item 4.C., outlined the concept and the vision of the store to become a fresh food market.
JARED MECHAM, Palm Springs, River Mojave Academy, stated they are retracting their letter of opposition to Item 4.C., Resolution of Convenience for 7-Eleven.
DOUG JONES, commented on Item 4.C., the current run-down status of the property, and stated the project will enhance the neighborhood.
MARTHA HIGGINS, Wessman Development, commented on Item 4.D., outlined the status of the property when it was purchased by Wessman Development, the on-going marketing efforts, the steps toward the PDD Application and the Specific Plan, and stated Wessman Development is in the best position to develop the property.
EMILY HEMPHILL, commented on Item 4.D., commented on the use of eminent domain, outlined the unrealistic demands of the City during the OPA negotiations, commented on the taking of the property, the burden for the retailers and the City, commented on the discrepancy of the City on initial value.
NONI TATE, Palm Springs, Fair Housing Council of Riverside County, commented on the services provided by the Fair Housing Council to the City of Palm Springs, and the number of residents served in the City of Palm Springs.
THOMAS O'CONNELL, commented on Item 4.C., commented on the condition of the property, outlined his concerns for the property, the 24-hour operations, similar impacts to other like businesses in the area, distracting to the Riviera, traffic concerns, and the proximity to a school, but stated this is a good developer.
JOHN TYMON, commented on his recent treatment by City staff and Community Action Partnership.
WILLIE JAMES HOLLAND, SR., commented on the crime and drug use in the North end of Palm Springs.
JOY MEREDITH, thanked the City Council and the City for the effort in the Downtown and Uptown areas, commented on the successful Festival of Lights Parade, and the tree lighting in the Downtown area.
SOBHY YOUSEF, Shell Station owner, commented on the decline in business, commented on Item 4.C., and stated the City turned down his business two-years ago due to the proximity of the school.
JOHN DASH, commented on Item 4.D., and the development of the Desert Fashion Plaza, and stated the City and the developer need a long term plan and vision.
COUNCILMEMBER COMMENTS:
Councilmember Foat commented on the need for donations of toys for the holidays for families in need in the City of Palm Springs.
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.J., 2.K., 2.L. 2.M., 2.N., and 2.O. Moved by Councilmember Hutcheson, seconded by Councilmember Mills.
Vote to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.J., 2.K., 2.L. 2.M., 2.N., and 2.O. (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. ADOPTION OF A CITY OF PALM SPRINGS CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974:
Staff Report Item 2.D.
2.E. ACCEPTANCE OF THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS (SLESF) GRANT FROM THE STATE OF CALIFORNIA AND APPROVING THE EXPENDITURE PLAN AND APPROPRIATION:
Staff Report Item 2.E.
2.F. APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. 032-N, WITH THE STATE OF CALIFORNIA FOR USE OF TEA-21 HIGH PRIORITY PROJECT (HP21L) FEDERAL-AID FUNDS FOR THE INDIAN CANYON DRIVE AT INTERSTATE 10 INTERCHANGE [CITY PROJECT NO. 00-14, FEDERAL-AID PROJECT NO. HP21L-5282 (035)]:
Staff Report Item 2.F.
2.G. APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. 030-N, WITH THE STATE OF CALIFORNIA FOR USE OF AMERICAN REINVESTMENT AND RECOVERY ACT OF 2009 (ESPL) AND SAFETEA-LU HIGH PRIORITY PROJECT (HPLU) FEDERAL-AID FUNDS FOR THE INDIAN CANYON DRIVE AT INTERSTATE 10 INTERCHANGE [CITY PROJECT NO. 00-14, FEDERAL-AID PROJECT NO. ESPLHPLU-5282(034)]:
Staff Report Item 2.G.
2.J. CITY OF PALM SPRINGS GOVERNMENT CODE SECTION 66000 DEVELOPMENT PROJECT FEE REPORT FOR FISCAL YEAR 2009-10:
Staff Report Item 2.J.
2.K. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH DMC DESIGN GROUP, INC., FOR THE AGUA CALIENTE CULTURAL MUSEUM ROAD AND DRAINAGE IMPROVEMENTS [FEDERAL PROJECT PLHDL06-5282 (032) AND HPLUL-5282 (033)] (CITY PROJECT 09-04):
Staff Report Item 2.K.
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. REPORT OF EMERGENCY CLEAN UP FROM DIESEL SPILL AT CITY HALL PURSUANT TO PALM SPRINGS MUNICIPAL CODE SECTION 7.04.040:
Staff Report Item 2.M.
2.N. AWARD OF CONTRACT FOR THE PALM SPRINGS MAIN LIBRARY ROOFING PROJECT (CITY PROJECT NO. 10-04):
Staff Report Item 2.N.
2.O. PROPOSED ORDINANCE DISSOLVING COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ESCENA) AND TERMINATING THE LEVY OF SPECIAL TAXES WITHIN SAID DISTRICT:
Staff Report Item 2.O.
EXCLUDED CONSENT CALENDAR:
2.H. ACCEPTANCE OF GRANT FUNDING FROM THE UNIVERSITY OF CALIFORNIA BERKELEY, SAFE TRANSPORTATION RESEARCH AND EDUCATION CENTER (SAFETREC), FOR A SOBRIETY CHECKPOINT MINI-GRANT PROGRAM IN THE AMOUNT OF $16,796.91 FOR ENFORCEMENT, EDUCATION AND PUBLIC AWARENESS:
Staff Report Item 2.H.
Councilmember Foat requested the Police Department expand the policy for the enforcement of DUI, and recommended staff review the installation of signs in the City indicating zero tolerance for DUI, programs, partnerships and training of servers, program implemented with taxi companies, DUI information be placed in hotel rooms, and DUI training at the High School.
Motion to approve 1) Accept grant funding, in the amount of $16,796.91, from the University of California at Berkeley, Funded by California Office of Traffic Safety, Safe Transportation Research and Education Center for a sobriety checkpoint mini-grant program; and 2) Authorize the City Manager to execute all necessary documents. A6045. Moved by Councilmember Mills, seconded by Councilmember Foat.
Vote to approve 1) Accept grant funding, in the amount of $16,796.91, from the University of California at Berkeley, Funded by California Office of Traffic Safety, Safe Transportation Research and Education Center for a sobriety checkpoint mini-grant program; and 2) Authorize the City Manager to execute all necessary documents. A6045. (Approved) (Recorded at 02:00:18)
2.I. APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS AND OTHER AGENCIES AND CITIES ESTABLISHING PARTNERSHIPS FOR THE SAFE ROUTES TO SCHOOL PROGRAM:
Staff Report Item 2.I.
Councilmember Foat questioned the City’s role for implementation of the programs.
Motion to approve 1) Approve a Memorandum of Understanding with the Coachella Valley Association of Governments, the Cities of Cathedral City, Desert Hot Springs, Rancho Mirage, Palm Springs Unified School District and the Riverside County Department of Public Health for the Safe Routes to School Program; and 2) Authorize the City Manager to execute the Memorandum of Understanding. A6046. Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to approve 1) Approve a Memorandum of Understanding with the Coachella Valley Association of Governments, the Cities of Cathedral City, Desert Hot Springs, Rancho Mirage, Palm Springs Unified School District and the Riverside County Department of Public Health for the Safe Routes to School Program; and 2) Authorize the City Manager to execute the Memorandum of Understanding. A6046. (Approved) (Recorded at 02:01:55)
3. LEGISLATIVE:
3.A. PROPOSED ORDINANCE CODIFYING CITY COUNCIL REVIEW OF DECISIONS OF CITY COUNCIL APPOINTED COMMISSION AND BOARDS:
Staff Report Item 3.A.
City Clerk Thompson provided background information as outlined in the staff report dated December 15, 2010.
Motion to approve 1) Waive reading of the full text of the Ordinance, and introduce by title only; and 2) Introduce for first reading Ordinance No. 1783, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 2.06.030, TO CHAPTER 2.06 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE CITY COUNCIL REVIEW OF CITY COUNCIL APPOINTED COMMISSION AND BOARD DECISIONS." Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to approve 1) Waive reading of the full text of the Ordinance, and introduce by title only; and 2) Introduce for first reading Ordinance No. 1783, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 2.06.030, TO CHAPTER 2.06 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE CITY COUNCIL REVIEW OF CITY COUNCIL APPOINTED COMMISSION AND BOARD DECISIONS." (Approved) (Recorded at 02:02:58)
The City Council recessed at 8:05 p.m.
The City Council reconvened at 8:11 p.m.
4. UNFINISHED BUSINESS:
4.A. REQUEST BY DOLLAR TREE, INC. FOR A RESOLUTION OF PUBLIC CONVENIENCE TO SELL BEER AND WINE FOR CONSUMPTION OFF PREMISES (TYPE 20 ALCOHOL LICENSE) AT THE EXISTING DOLLAR TREE STORE LOCATED AT 1717 EAST VISTA CHINO ROAD:
Staff Report Item 4.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated December 15, 2010.
Councilmember Foat requested staff address the condition that beer cannot be sold and is limited to wine.
Councilmember Mills would recommend the City Council approve the Resolution of Convenience as stated, with a caveat as requested by the applicant for a wine license only.
Councilmember Hutcheson stated the City Council should support the license as recommended.
Mayor Pro Tem Weigel stated he is tolerant of the license due to the request for wine only.
Mayor Pougnet noted his objections for allowing the sale of liquor at this site due to the proximity to the school and over saturation in the area.
Motion to Adopt Resolution No. 22844, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER AND WINE FOR OFF SITE CONSUMPTION (TYPE 20 ALCOHOL LICENSE) AT A RETAIL STORE LOCATED AT 1717 EAST VISTA CHINO ROAD, ZONE C-S-C, SECTION 12/T4/R4
;" amending the Resolution adding a Section 2 providing the City Council Resolution of Convenience is limited for the sale of wine only, as requested by the Applicant in the Applicant’s Statement of Justification."
Moved by Councilmember Foat, seconded by Mayor Pro Tem Weigel.
Vote to Adopt Resolution No. 22844, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER AND WINE FOR OFF SITE CONSUMPTION (TYPE 20 ALCOHOL LICENSE) AT A RETAIL STORE LOCATED AT 1717 EAST VISTA CHINO ROAD, ZONE C-S-C, SECTION 12/T4/R4
;" amending the Resolution adding a Section 2 providing the City Council Resolution of Convenience is limited for the sale of wine only, as requested by the Applicant in the Applicant’s Statement of Justification."
(Approved)
4.B. JOINT ITEM OF THE CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY TO APPROVE A LEASE AGREEMENT WITH VERIZON WIRELESS FOR NON-EXCLUSIVE USE OF FLOOR SPACE ON THE TOP DECK OF THE CITY-OWNED PARKING STRUCTURE LOCATED AT 295 SOUTH INDIAN CANYON DRIVE:
Staff Report Item 4.B.
John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated December 15, 2010.
Mayor Pougnet requested staff address the annual revenue to the City from the lease.
Mayor Pro Tem Weigel requested staff address the "co-locatable" capacity to the site and facility if approved.
Councilmember Mills commented on his previous objection and stated the architecture issues have been resolved.
Motion to approve 1) Approve a Lease Agreement with Verizon Wireless, the Community Redevelopment Agency, and the City of Palm Springs, for the non-exclusive use of the City-owned Parking Structure to provide floor, rooftop, antenna, and cabling space on the top deck; and 2) Authorize the City Manager and Execute Director to execute the Lease Agreement. A6049. Moved by Councilmember Hutcheson, seconded by Councilmember Mills.
Vote to approve 1) Approve a Lease Agreement with Verizon Wireless, the Community Redevelopment Agency, and the City of Palm Springs, for the non-exclusive use of the City-owned Parking Structure to provide floor, rooftop, antenna, and cabling space on the top deck; and 2) Authorize the City Manager and Execute Director to execute the Lease Agreement. A6049. (Approved) (Recorded at 02:23:34)
Councilmember Mills stated he has a business related conflict of interest with respect to Item 4.C., would not participate in the discussion or the vote, and left Council Chamber.
4.C. REQUEST BY 7-ELEVEN, INC. FOR A RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER AND WINE FOR CONSUMPTION OFF PREMISES AT A PROPOSED CONVENIENCE STORE LOCATED AT 150 WEST VISTA CHINO ROAD:
Staff Report Item 4.C.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated December 15, 2010.
Councilmember Foat requested the City Attorney and staff address the current license obtained by the Applicant.
Councilmember Hutcheson stated this provides an opportunity to enhance the property and the neighborhood, noted the proposed concept for fresh foods, and the transfer of an existing license from one area in the City to another.
Councilmember Foat noted the condition of the property, but stated she would like 7-Eleven open at this location without the liquor license, commented on the recent denial of the license to the adjacent gas station, the proximity to the school, and the saturation of liquor stores in the area.
Mayor Pro Tem Weigel requested staff address the options if the liquor license was denied and if the store may proceed without the sale of liquor, and commented on the saturation of liquor sales in the area.
Motion to Adopt Resolution No. 22845, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER AND WINE FOR OFF SITE CONSUMPTION (TYPE 20 ALCOHOL LICENSE) TO BE LOCATED AT A PROPOSED 24-HOUR CONVENIENCE STORE AT 150 WEST VISTA CHINO ROAD, APN 504-320-016, ZONE C-1/R-3, SECTION 3/T4/R4." Moved by Councilmember Hutcheson The motion did not receive a seconder and was lost.
No action taken.
Councilmember Mills returned to the dais.
4.D. JOINT ITEM OF THE CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY DISCUSSING THE ACQUISITION OF PROPERTIES WITHIN THE CITY OF PALM SPRINGS MUSEUM MARKET PLAZA SPECIFIC PLAN:
Staff Report Item 4.D.
Mayor Pougnet provided a history of the property and background information as outlined in the staff report dated December 15, 2010.
Councilmember Mills commented on the history of the property and the proposals for the property, stated the City has given the property owner many opportunities, and stated the City needs to start moving forward for future success.
Mayor Pro Tem Weigel requested staff address the options to continue to work with Wessman Development, if they choose to submit an application to develop the property.
Councilmember Hutcheson recapped some of the key points, discussion with the public, a vote of the people in a Special June Election, in the interim the City would continue to work with Wessman toward resolve, and recommended the City take its future in its own hands.
Councilmember Foat commented on the installation of the proposed road to the Museum, the success of the City with attracting developers in the Springs and Smoketree, and the lack of the attraction of developers to a proposed Downtown Project, stated the appraisal is fair, and encouraged Wessman Development to accept the City’s offer.
Councilmember Foat stated the time to act is now, and commented on the progress of El Paseo in Palm Desert.
Motion to Authorize the Executive Director or his designee to make a conditional offer to purchase the Properties from Wessman Development, and negotiate in good faith with Wessman Development for the purchase of such properties. Moved by Councilmember Foat, seconded by Councilmember Hutcheson.
Vote to Authorize the Executive Director or his designee to make a conditional offer to purchase the Properties from Wessman Development, and negotiate in good faith with Wessman Development for the purchase of such properties. (Approved)
5. NEW BUSINESS:
5.A. REVIEW AND APPOINT CITY COUNCIL SUBCOMMITTEES AND CITY COUNCIL LIAISONS TO OUTSIDE ORGANIZATIONS:
Staff Report Item 5.A.
City Clerk Thompson provided background information as outlined in the staff report dated December 15, 2010.
ACTION:
1) Direct the City Clerk to delete the Palm Springs Recycle from the External Organizations List; 2) Direct the City Clerk to delete the following from the Subcommittees List: Jackie Lee Houston Plaza, Convention Center Management Agreement, Housing Element and the Wyndam Hotel; 2) Direct the City Clerk to substitute Mayor Pro Tem Weigel for Mayor Pougnet on the WWTP Subcommittee; 3) Direct the City Clerk to add Councilmember Mills to the ComDyn Affordable Housing Project Subcommittee; 4) Remove the Office of Neighborhood Involvement Liaison (Councilmember Foat) and create a new list of City Council Liaisons to City Commissions and Boards, including Councilmember Foat as the City Council Liaison to the Office of Neighborhood Involvement and Councilmember Mills as the City Council Liaison to the Airport Commission.
By consensus of the City Council.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Mills commented on the recent Marine Corps Holiday Concert in Palm Springs.
Councilmember Foat commented on the need for donations of toys for the holidays for families in need in the City of Palm Springs.
ADJOURNMENT:
Link
Start video at
Social
Embed
<iframe title="Swagit Video Player" width="640" height="360" src="https://palmspringsca.new.swagit.com/videos/14644/embed" frameborder="0" allowfullscreen></iframe>
Disable autoplay on embedded content?
Download
Download
Download Selected Item
