Video index
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
Roll Call: 6 members present, 0 members absent, 0 members excused.
PRESENTATIONS:
REPORT OF CLOSED SESSION:
ACCEPTANCE OF THE AGENDA:
Councilmember Mills noted his abstention on Item 2.C. Warrant No. 1049882, his business related abstention on Consent Calendar Item 2.G., and requested Items 2.J. and 2.O. be removed from the Consent Calendar for separate discussion.
Councilmember Foat and Mayor Pougnet requested Item 2.L. be removed from the Consent Calendar for separate discussion.
Motion to approve Accept the Agenda as amended. Moved by Councilmember Mills, seconded by Councilmember Foat.
Vote to approve Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
1.A. REVOCATION HEARING FOR CONDITIONAL USE PERMIT NO. 5.0749 FOR A COCKTAIL LOUNGE LOCATED 120 S. PALM CANYON DRIVE:
Staff Report Item 1.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated July 20, 2011.
Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.
ANGELO SERIO, Applicant, stated he met with the police regarding the security plan, and is working on accomplishing all of the requirements contained in the Conditional Use Permit, and requested the City Council approve the CUP.
SHAUNA HOLMES, commented on the events at Space 120 and stated the altercations in the area are not necessarily as a result of Space 120.
No further speakers coming forward, the public hearing was closed.
Councilmember Foat request the Police Chief address issues on the proposed security plan, stated she would like more than one-member of the management staff attend the ABC training, and requested staff address the qualifications of the security staff.
Councilmember Hutcheson commented on the number of police calls responding to incidents inside the location.
Councilmember Mills requested licensed security is included in the approved security plan, and requested staff address the deletion of Condition No. 2.
Mayor Pro Tem Weigel requested staff address on-site enforcement, and requested the plan shall be implemented and maintained as part of the CUP.
Motion to Adopt Resolution No. 22993, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MODIFYING CONDITIONAL USE PERMIT NO. 5.0749 TO INCLUDE A PLANNING COMMISSION REVIEW, A SECURITY PLAN AND THE ELIMINATION OF OUTDOOR SPEAKERS FOR THE COCKTAIL LOUNGE LOCATED AT 120 SOUTH PALM CANYON DRIVE,"
amending Section 3.1 of the Resolution to read "implement and maintain" a security plan,
and 2) Direct staff to insure the requirements of ABC training, and requirements of security staff are addressed in the security plan prior to approval by staff. Moved by Councilmember Hutcheson, seconded by Mayor Pro Tem Weigel.
Vote to Adopt Resolution No. 22993, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MODIFYING CONDITIONAL USE PERMIT NO. 5.0749 TO INCLUDE A PLANNING COMMISSION REVIEW, A SECURITY PLAN AND THE ELIMINATION OF OUTDOOR SPEAKERS FOR THE COCKTAIL LOUNGE LOCATED AT 120 SOUTH PALM CANYON DRIVE,"
amending Section 3.1 of the Resolution to read "implement and maintain" a security plan,
and 2) Direct staff to insure the requirements of ABC training, and requirements of security staff are addressed in the security plan prior to approval by staff. (Approved)
PUBLIC COMMENT:
CAROLE SUKMAN, Palm Springs, commented on Item 4.A. and 4.B., and requested enhancements to the tax measure and the project financing agreement.
KEITH MCCORMICK, Palm Springs, stated his support for Item 4.A. and 4.B. a proposed tax increase and the redevelopment of the Desert Fashion Plaza.
JULIUS KAZEN, stated his support for Item 4.A. and 4.B. a proposed tax increase and the redevelopment of the Desert Fashion Plaza.
HANNA SCHOLLA, Palm Springs, stated her support for Item 4.A. for a proposed sales tax be added to the municipal election.
BRUCE TOMINELLO, commented on Item 4.B., the proposed redevelopment of the Desert Fashion Plaza.
TIM ELLIS, stated his support for Item 4.A. and 4.B. a proposed tax increase and the redevelopment of the Desert Fashion Plaza.
JERRY KELLER, stated his support for Item 4.A. and 4.B. a proposed tax increase and the redevelopment of the Desert Fashion Plaza.
BARBARA KELLER, stated her support for Item 4.A. and 4.B. a proposed tax increase and the redevelopment of the Desert Fashion Plaza.
CHANTAL FRANCISCO, stated his support for Item 4.A. and 4.B. a proposed tax increase and the redevelopment of the Desert Fashion Plaza.
DARRYL MACDONALD, stated his support for Item 4.A. and 4.B. a proposed tax increase and the redevelopment of the Desert Fashion Plaza.
BOB HELBLING, stated his support for Item 4.A. and 4.B. a proposed tax increase and the redevelopment of the Desert Fashion Plaza, and commented on a sunset clause.
JASON DIBLER, stated his support for Item 4.A. and 4.B. a proposed tax increase and the redevelopment of the Desert Fashion Plaza.
AFTAB DADA, stated his support for Item 4.A. and 4.B. a proposed tax increase and the redevelopment of the Desert Fashion Plaza.
DOUG JONES, Palm Springs, stated his support for Item 4.A. and 4.B. a proposed tax increase and the redevelopment of the Desert Fashion Plaza.
STEVEN NASH, Palm Springs Art Museum, stated his support for Item 4.A. and 4.B. a proposed tax increase and the redevelopment of the Desert Fashion Plaza.
MARNA VAN HORN, stated her support for Item 4.A. and 4.B. a proposed tax increase and the redevelopment of the Desert Fashion Plaza.
TAMARA STEVENS, stated her support for Item 4.A. and 4.B. a proposed tax increase and the redevelopment of the Desert Fashion Plaza.
STEVE NICHOLS, stated his support for Item 4.B., the redevelopment of the Desert Fashion Plaza.
JOY MEREDITH, commented on Item 5.B. Downtown Restrooms and stated her support, commented on Item 4.B., and stated in her support of the revitalization of Downtown.
RICK PANTELE, commented on the CAPS and medical cannabis permits.
EDDIE GHERA, commented on CAPS and medical cannabis permits.
PAUL LEWIN, commented on Item 4.A. and 4.B. a proposed tax increase and the redevelopment of the Desert Fashion Plaza.
STEVE ROSENBERG, Palm Springs, commented on the future of Palm Springs, and the redevelopment of Downtown Palm Springs.
SAM SPINELLO, stated his support for Item 4.B., the redevelopment of the Desert Fashion Plaza.
COUNCILMEMBER COMMENTS:
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.M., 2.N., 2.P., 2.Q., and 2.R. Moved by Councilmember Foat, seconded by Councilmember Hutcheson.
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.M., 2.N., 2.P., 2.Q., and 2.R. (Approved)
2.A. REPORT ON THE 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. CONSIDER A REQUEST FROM PROPERTY OWNERS APPROVING THE ABANDONMENT AND DISSOLUTION OF ASSESSMENT DISTRICT NO. 155:
Staff Report Item 2.D.
2.E. PURCHASE OF 17,875 GALLONS OF SEALANT CONCENTRATE FROM GRANITE CONSTRUCTION COMPANY IN THE AMOUNT OF $133,859.17:
Staff Report Item 2.E.
2.F. AGREEMENT WITH SPERRY VAN NESS FOR COMMERCIAL REAL ESTATE BROKER SERVICES FOR AIRPORT PROPERTIES:
Staff Report Item 2.F.
2.G. APPROVAL OF TRACT MAP 31422 LOCATED AT 2620 ANZA TRAIL AND 2641 MORONGO TRAIL:
Staff Report Item 2.G.
2.H. SUB-REIMBURSEMENT AGREEMENT WITH CVAG FOR THE LOCAL SHARE OF COSTS FOR THE INTERSTATE 10 INTERCHANGE PROJECT AT RAMON ROAD/BOB HOPE DRIVE:
Staff Report Item 2.H.
2.I. AMENDMENT NO. 8 TO CVAG REIMBURSEMENT AGREEMENT NO. A4317 FOR THE INDIAN CANYON DRIVE / INTERSTATE 10 INTERCHANGE PROJECT (CP 00-14):
Staff Report Item 2.I.
2.K. AMENDMENT NO. 11 TO THE AMENDED AND RESTATED WASTEWATER SERVICES AGREEMENT NO. A4123 WITH VEOLIA WEST OPERATING SERVICES, INC. FOR THE OPERATION AND MAINTENANCE OF THE CITY'S SEWER SYSTEM:
Staff Report Item 2.K.
2.M. AWARD OF CONTRACT FOR THE BELARDO ROAD BRIDGE AND ROADWAY PROJECT, FEDERAL PROJECT NO. PLHL-5282 (020) (CP 87-49):
Staff Report Item 2.M.
2.N. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF JUNE 2011:
Staff Report Item 2.N.
2.P. ACCEPT THE RESIGNATION OF JON CAFFERY FROM THE PLANNING COMMISSION EFFECTIVE AUGUST 11, 2011:
Staff Report Item 2.P.
2.Q. OUTFITTING OF PUBLIC SAFETY VEHICLES:
Staff Report Item 2.Q.
2.R. LEASE-PURCHASE AGREEMENT WITH TORO FINANCING FOR 33 PIECES OF MAINTENANCE EQUIPMENT FOR SERVICE AT THE TAHQUITZ CREEK LEGENDS AND RESORT GOLF COURSES:
Staff Report Item 2.R.
EXCLUDED CONSENT CALENDAR:
2.J. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR TRACT NO. 13257 SEWER IMPROVEMENTS (PHASES 1 & 2) (CP 10-02):
Staff Report Item 2.J.
Councilmember Mills requested staff address if the project may qualify for funding from the Affordable Housing Fund.
Motion to approve Approve the plans, specifications, and working details for Tract No. 13257 Sewer Improvements (Phases 1 and 2) (CP 10-02) and authorize the bid process. Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to approve Approve the plans, specifications, and working details for Tract No. 13257 Sewer Improvements (Phases 1 and 2) (CP 10-02) and authorize the bid process. (Approved) (Recorded at 01:17:33)
2.L. CITYWIDE ENERGY MANAGEMENT PROJECT:
Staff Report Item 2.L.
The City Council requested that Sustainability Commission be included in the process.
Motion to approve 1) Receive and file the Comprehensive Energy Analysis dated June 30, 2011, prepared by Chevron Energy Solutions Co.; and 2) Schedule a Study Session for September 28, 2011, for a separate discussion with staff and CES to review the list of ECMs proposed as part of the citywide energy management project, and to determine the final scope of the energy management project undertaken by the City. Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to approve 1) Receive and file the Comprehensive Energy Analysis dated June 30, 2011, prepared by Chevron Energy Solutions Co.; and 2) Schedule a Study Session for September 28, 2011, for a separate discussion with staff and CES to review the list of ECMs proposed as part of the citywide energy management project, and to determine the final scope of the energy management project undertaken by the City. (Approved)
2.O. AWARD OF IFB 11-08 FOR PALM TREE TRIMMING AT VARIOUS LOCATIONS IN THE CITY OF PALM SPRINGS:
Staff Report Item 2.O.
Councilmember Mills requested staff address City staff supervision of contractor.
Motion to approve 1) Award a contract for Bid (IFB) 11-08, Palm Tree Trimming at various locations in the City of Palm Springs to Padilla Tree Service based on unit prices per tree for a projected cost of $62,051.00; and 2) Authorize the City Manager to execute all necessary documents. Moved by Councilmember Foat, seconded by Mayor Pro Tem Weigel.
Vote to approve 1) Award a contract for Bid (IFB) 11-08, Palm Tree Trimming at various locations in the City of Palm Springs to Padilla Tree Service based on unit prices per tree for a projected cost of $62,051.00; and 2) Authorize the City Manager to execute all necessary documents. (Approved) (Recorded at 01:20:21)
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS:
4.A. CONSIDER A MEASURE FOR SUBMISSION TO THE VOTERS AT THE NOVEMBER 8, 2011, GENERAL MUNICIPAL ELECTION, REGARDING A ONE PERCENT TRANSACTIONS, SALES, AND USE TAX:
Staff Report Item 4.A.
City Manager Ready and City Clerk Thompson provided background information as outlined in the staff report dated July 20, 2011.
Councilmember Hutcheson requested staff address the bonding examples as contained in the Finance Terms and Alternatives memorandum, conservative nature of the proposed tax, staggering the issuance of the bonds and other use of the proceeds.
Mayor Pougnet commented on the recent budgetary issues and the lack of funding for capital projects, the condition of the Desert Fashion Plaza, the State take away, commented on the ballot question, and stated his support for a 1% tax.
Councilmember Foat commented on the history of the redevelopment agency and funding of projects, the State proposal for the elimination of Redevelopment funds, the Cityās severe budget cuts, and stated it could not be placed on the tax on the ballot as a single use tax, the capital improvements that can be accomplish with additional funding, and requested a sunset clause be added to the measure.
Mayor Pro Tem Weigel commented on the benefits of placing this tax on the ballot, and stated the voters should have the opportunity to vote on the measure and would suggest a sunset clause for the ballot measure.
Councilmember Mills commented on the benefits of an additional local tax and the funding of capital improvement projects, recommends the creation of a separate line item to track the local sales tax funding, stated the community is in alignment for the renovation of the Downtown area, commented on the lack of funding for capital improvement projects, and noted projects that could be funded with additional funding.
Councilmember Hutcheson commented on the anticipated uses of the proposed tax, recommended a 15 year sunset provision be added and a separate line item be created, and recommended a citizens advisory committee be created to report on the accomplishments.
Mayor Pro Tem Weigel stated his support to include a sunset clause in the proposed ordinance, and requested staff address leveraging the proceeds received from the proposed tax.
Councilmember Foat commented on the staggering approach to the issuance of the bonds.
The City Council discussed and/or commented on adding a sunset clause to the ballot question and measure, or an alternative type of reconsideration clause.
Motion to 1) Adopt Resolution No. 23000, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A MEASURE APPROVING AND IMPLEMENTING A ONE PERCENT (1%) TRANSACTIONS, SALES, AND USE TAX, AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2011, AS CALLED BY RESOLUTION NO. 22957;" and 2) Adopt Resolution No. 23001, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS AND PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS REGARDING A CITY MEASURE AT THE NOVEMBER 8, 2011, GENERAL MUNICIPAL ELECTION, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS,"
amending the ballot question and measure to provide for a twenty-five year sunset clause.
Moved by Councilmember Foat, seconded by Mayor Pougnet.
Vote to 1) Adopt Resolution No. 23000, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A MEASURE APPROVING AND IMPLEMENTING A ONE PERCENT (1%) TRANSACTIONS, SALES, AND USE TAX, AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2011, AS CALLED BY RESOLUTION NO. 22957;" and 2) Adopt Resolution No. 23001, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS AND PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS REGARDING A CITY MEASURE AT THE NOVEMBER 8, 2011, GENERAL MUNICIPAL ELECTION, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS,"
amending the ballot question and measure to provide for a twenty-five year sunset clause.
(Approved)
The City Council recessed at 8:23 p.m.
The City Council reconvened at 8:32 p.m.
4.B. APPROVE A PROJECT FINANCING AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND PALM SPRINGS PROMENADE, LLC FOR THE REDEVELOPMENT OF CERTAIN REAL PROPERTY LOCATED AT 123 NORTH PALM 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 July 20, 2011.
Mayor Pougnet commented on the proposed financing agreement deal points.
Mayor Pro Tem Weigel requested staff address the purpose of the redevelopment, and stated his support for the project financing agreement.
Councilmember Hutcheson commented on the items and projects that would be of significant importance to the City, residents, and tourism, and commented on the phasing of the project.
Councilmember Mills commented on the process to get to this agreement, and noted a few items in the agreement that require additional fine tuning.
Councilmember Foat stated that City staff and Mr. Wessman has responded to her items of concern, noted the City is well protected by the agreement, and commented on the process of eminent domain.
Motion to Continue the Item to September 7, 2010. Moved by Mayor Pro Tem Weigel, seconded by Councilmember Mills.
Vote to Continue the Item to September 7, 2010. (Approved)
4.C. COMMUNITY REDEVELOPMENT AGENCY HEARING FOR A RESOLUTION OF NECESSITY DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF THE DESERT FASHION PLAZA AND THE TOWN AND COUNTRY CENTER:
Staff Report Item 4.C.
City Attorney Holland requested the City Council continue the hearing to September 7, 2011.
Motion to 1) Continue the hearing to September 7, 2011, with no public testimony at this time; and 2) Direct the Agency Secretary to post a Notice of Continuance. Moved by Councilmember Foat, seconded by Mayor Pro Tem Weigel.
Vote to 1) Continue the hearing to September 7, 2011, with no public testimony at this time; and 2) Direct the Agency Secretary to post a Notice of Continuance. (Approved)
5. NEW BUSINESS:
5.A. DESIGNATION OF A VOTING DELEGATE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE SEPTEMBER 21-23, 2011:
Staff Report Item 5.A.
Motion to Appoint Councilmember Ginny Foat as the Voting Delegate for the 2011 League of California Cities Annual Conference in San Francisco, California, September 21-23, 2011. Moved by Mayor Pro Tem Weigel, seconded by Councilmember Mills.
Vote to Appoint Councilmember Ginny Foat as the Voting Delegate for the 2011 League of California Cities Annual Conference in San Francisco, California, September 21-23, 2011. (Approved)
5.B. DOWNTOWN AND UPTOWN BUSINESS DISTRICT TEMPORARY PUBLIC RESTROOM PROGRAM:
Staff Report Item 5.B.
John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated July 20, 2011.
City Manager Ready noted some staff changes to the program, stated the program is not limited to restaurants, and the program boundaries would be limited to those of the Palm Springs Business Improvement District.
Councilmember Mills stated his support of the project, and recommended a sliding scale in compensation for larger bathroom facilities.
Councilmember Foat recommended the City not require the log on the restroom door, would support a sliding scale for larger facilities, additional specifics in hours, and requested that hand sanitizer and hot water in the restroom be required, along with an indemnification or insurance, and recommend City staff review the public restroom sign design rather than a window decal.
Mayor Pro Tem Weigel stated his agreement for improved provisions for signage, additional specificity for hours, and requested staff address the costs to the City to build and maintain public restrooms.
Motion to 1) Adopt Resolution No. 23002, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE DOWNTOWN AND UPTOWN TEMPORARY PUBLIC RESTROOM PROGRAM GUIDELINES AND APPLICATION/ AGREEMENT,"
amending the program to modify the boundaries of the program and not limiting the program to restaurants;
2) Direct staff to consider and incorporate other changes as discussed by the City Council; and 3) Adopt Resolution No. 23003-2, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2011-12." Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to 1) Adopt Resolution No. 23002, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE DOWNTOWN AND UPTOWN TEMPORARY PUBLIC RESTROOM PROGRAM GUIDELINES AND APPLICATION/ AGREEMENT,"
amending the program to modify the boundaries of the program and not limiting the program to restaurants;
2) Direct staff to consider and incorporate other changes as discussed by the City Council; and 3) Adopt Resolution No. 23003-2, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2011-12." (Approved)
5.C. DISCUSS POTENTIAL CITY COUNCIL INITIATION OF A ZONE TEXT AMENDMENT WITH REGARD TO CHANGEABLE COPY AND OTHER SIGNS PURSUANT TO PALM SPRINGS ZONING CODE SECTION 94.07.01(A)(1)(b):
Craig Ewing, Director of Planning Services, provided background information on the City Council initiated of a Zone Text Amendment.
Councilmember Hutcheson requested the amendment address creative ideas for signage of vacant spaces, for lease signs, and look at the banner ordinance.
Councilmember Mills requested the amendment review menu boards with electronic copy, and quality of signs for major complexes for lease.
Councilmember Foat requested staff address the status of barber pole revisions to the sign ordinance, requested staff address any substitute process for electronic billboards, and requested the amendment address digital signs generally.
ACTION:
Initiate a Zone Text Amendment for changeable copy and other signs pursuant to Palm Springs Zoning Code Section 94.07.01(A)(1)(b) and refer to the Planning Commission.
By consensus of the City Council.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: None.
ADJOURNMENT:
Jul 20, 2011 City Council Meeting
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CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
Roll Call: 6 members present, 0 members absent, 0 members excused.
PRESENTATIONS:
REPORT OF CLOSED SESSION:
ACCEPTANCE OF THE AGENDA:
Councilmember Mills noted his abstention on Item 2.C. Warrant No. 1049882, his business related abstention on Consent Calendar Item 2.G., and requested Items 2.J. and 2.O. be removed from the Consent Calendar for separate discussion.
Councilmember Foat and Mayor Pougnet requested Item 2.L. be removed from the Consent Calendar for separate discussion.
Motion to approve Accept the Agenda as amended. Moved by Councilmember Mills, seconded by Councilmember Foat.
Vote to approve Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
1.A. REVOCATION HEARING FOR CONDITIONAL USE PERMIT NO. 5.0749 FOR A COCKTAIL LOUNGE LOCATED 120 S. PALM CANYON DRIVE:
Staff Report Item 1.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated July 20, 2011.
Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.
ANGELO SERIO, Applicant, stated he met with the police regarding the security plan, and is working on accomplishing all of the requirements contained in the Conditional Use Permit, and requested the City Council approve the CUP.
SHAUNA HOLMES, commented on the events at Space 120 and stated the altercations in the area are not necessarily as a result of Space 120.
No further speakers coming forward, the public hearing was closed.
Councilmember Foat request the Police Chief address issues on the proposed security plan, stated she would like more than one-member of the management staff attend the ABC training, and requested staff address the qualifications of the security staff.
Councilmember Hutcheson commented on the number of police calls responding to incidents inside the location.
Councilmember Mills requested licensed security is included in the approved security plan, and requested staff address the deletion of Condition No. 2.
Mayor Pro Tem Weigel requested staff address on-site enforcement, and requested the plan shall be implemented and maintained as part of the CUP.
Motion to Adopt Resolution No. 22993, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MODIFYING CONDITIONAL USE PERMIT NO. 5.0749 TO INCLUDE A PLANNING COMMISSION REVIEW, A SECURITY PLAN AND THE ELIMINATION OF OUTDOOR SPEAKERS FOR THE COCKTAIL LOUNGE LOCATED AT 120 SOUTH PALM CANYON DRIVE,"
amending Section 3.1 of the Resolution to read "implement and maintain" a security plan,
and 2) Direct staff to insure the requirements of ABC training, and requirements of security staff are addressed in the security plan prior to approval by staff. Moved by Councilmember Hutcheson, seconded by Mayor Pro Tem Weigel.
Vote to Adopt Resolution No. 22993, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MODIFYING CONDITIONAL USE PERMIT NO. 5.0749 TO INCLUDE A PLANNING COMMISSION REVIEW, A SECURITY PLAN AND THE ELIMINATION OF OUTDOOR SPEAKERS FOR THE COCKTAIL LOUNGE LOCATED AT 120 SOUTH PALM CANYON DRIVE,"
amending Section 3.1 of the Resolution to read "implement and maintain" a security plan,
and 2) Direct staff to insure the requirements of ABC training, and requirements of security staff are addressed in the security plan prior to approval by staff. (Approved)
PUBLIC COMMENT:
CAROLE SUKMAN, Palm Springs, commented on Item 4.A. and 4.B., and requested enhancements to the tax measure and the project financing agreement.
KEITH MCCORMICK, Palm Springs, stated his support for Item 4.A. and 4.B. a proposed tax increase and the redevelopment of the Desert Fashion Plaza.
JULIUS KAZEN, stated his support for Item 4.A. and 4.B. a proposed tax increase and the redevelopment of the Desert Fashion Plaza.
HANNA SCHOLLA, Palm Springs, stated her support for Item 4.A. for a proposed sales tax be added to the municipal election.
BRUCE TOMINELLO, commented on Item 4.B., the proposed redevelopment of the Desert Fashion Plaza.
TIM ELLIS, stated his support for Item 4.A. and 4.B. a proposed tax increase and the redevelopment of the Desert Fashion Plaza.
JERRY KELLER, stated his support for Item 4.A. and 4.B. a proposed tax increase and the redevelopment of the Desert Fashion Plaza.
BARBARA KELLER, stated her support for Item 4.A. and 4.B. a proposed tax increase and the redevelopment of the Desert Fashion Plaza.
CHANTAL FRANCISCO, stated his support for Item 4.A. and 4.B. a proposed tax increase and the redevelopment of the Desert Fashion Plaza.
DARRYL MACDONALD, stated his support for Item 4.A. and 4.B. a proposed tax increase and the redevelopment of the Desert Fashion Plaza.
BOB HELBLING, stated his support for Item 4.A. and 4.B. a proposed tax increase and the redevelopment of the Desert Fashion Plaza, and commented on a sunset clause.
JASON DIBLER, stated his support for Item 4.A. and 4.B. a proposed tax increase and the redevelopment of the Desert Fashion Plaza.
AFTAB DADA, stated his support for Item 4.A. and 4.B. a proposed tax increase and the redevelopment of the Desert Fashion Plaza.
DOUG JONES, Palm Springs, stated his support for Item 4.A. and 4.B. a proposed tax increase and the redevelopment of the Desert Fashion Plaza.
STEVEN NASH, Palm Springs Art Museum, stated his support for Item 4.A. and 4.B. a proposed tax increase and the redevelopment of the Desert Fashion Plaza.
MARNA VAN HORN, stated her support for Item 4.A. and 4.B. a proposed tax increase and the redevelopment of the Desert Fashion Plaza.
TAMARA STEVENS, stated her support for Item 4.A. and 4.B. a proposed tax increase and the redevelopment of the Desert Fashion Plaza.
STEVE NICHOLS, stated his support for Item 4.B., the redevelopment of the Desert Fashion Plaza.
JOY MEREDITH, commented on Item 5.B. Downtown Restrooms and stated her support, commented on Item 4.B., and stated in her support of the revitalization of Downtown.
RICK PANTELE, commented on the CAPS and medical cannabis permits.
EDDIE GHERA, commented on CAPS and medical cannabis permits.
PAUL LEWIN, commented on Item 4.A. and 4.B. a proposed tax increase and the redevelopment of the Desert Fashion Plaza.
STEVE ROSENBERG, Palm Springs, commented on the future of Palm Springs, and the redevelopment of Downtown Palm Springs.
SAM SPINELLO, stated his support for Item 4.B., the redevelopment of the Desert Fashion Plaza.
COUNCILMEMBER COMMENTS:
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.M., 2.N., 2.P., 2.Q., and 2.R. Moved by Councilmember Foat, seconded by Councilmember Hutcheson.
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.M., 2.N., 2.P., 2.Q., and 2.R. (Approved)
2.A. REPORT ON THE 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. CONSIDER A REQUEST FROM PROPERTY OWNERS APPROVING THE ABANDONMENT AND DISSOLUTION OF ASSESSMENT DISTRICT NO. 155:
Staff Report Item 2.D.
2.E. PURCHASE OF 17,875 GALLONS OF SEALANT CONCENTRATE FROM GRANITE CONSTRUCTION COMPANY IN THE AMOUNT OF $133,859.17:
Staff Report Item 2.E.
2.F. AGREEMENT WITH SPERRY VAN NESS FOR COMMERCIAL REAL ESTATE BROKER SERVICES FOR AIRPORT PROPERTIES:
Staff Report Item 2.F.
2.G. APPROVAL OF TRACT MAP 31422 LOCATED AT 2620 ANZA TRAIL AND 2641 MORONGO TRAIL:
Staff Report Item 2.G.
2.H. SUB-REIMBURSEMENT AGREEMENT WITH CVAG FOR THE LOCAL SHARE OF COSTS FOR THE INTERSTATE 10 INTERCHANGE PROJECT AT RAMON ROAD/BOB HOPE DRIVE:
Staff Report Item 2.H.
2.I. AMENDMENT NO. 8 TO CVAG REIMBURSEMENT AGREEMENT NO. A4317 FOR THE INDIAN CANYON DRIVE / INTERSTATE 10 INTERCHANGE PROJECT (CP 00-14):
Staff Report Item 2.I.
2.K. AMENDMENT NO. 11 TO THE AMENDED AND RESTATED WASTEWATER SERVICES AGREEMENT NO. A4123 WITH VEOLIA WEST OPERATING SERVICES, INC. FOR THE OPERATION AND MAINTENANCE OF THE CITY'S SEWER SYSTEM:
Staff Report Item 2.K.
2.M. AWARD OF CONTRACT FOR THE BELARDO ROAD BRIDGE AND ROADWAY PROJECT, FEDERAL PROJECT NO. PLHL-5282 (020) (CP 87-49):
Staff Report Item 2.M.
2.N. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF JUNE 2011:
Staff Report Item 2.N.
2.P. ACCEPT THE RESIGNATION OF JON CAFFERY FROM THE PLANNING COMMISSION EFFECTIVE AUGUST 11, 2011:
Staff Report Item 2.P.
2.Q. OUTFITTING OF PUBLIC SAFETY VEHICLES:
Staff Report Item 2.Q.
2.R. LEASE-PURCHASE AGREEMENT WITH TORO FINANCING FOR 33 PIECES OF MAINTENANCE EQUIPMENT FOR SERVICE AT THE TAHQUITZ CREEK LEGENDS AND RESORT GOLF COURSES:
Staff Report Item 2.R.
EXCLUDED CONSENT CALENDAR:
2.J. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR TRACT NO. 13257 SEWER IMPROVEMENTS (PHASES 1 & 2) (CP 10-02):
Staff Report Item 2.J.
Councilmember Mills requested staff address if the project may qualify for funding from the Affordable Housing Fund.
Motion to approve Approve the plans, specifications, and working details for Tract No. 13257 Sewer Improvements (Phases 1 and 2) (CP 10-02) and authorize the bid process. Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to approve Approve the plans, specifications, and working details for Tract No. 13257 Sewer Improvements (Phases 1 and 2) (CP 10-02) and authorize the bid process. (Approved) (Recorded at 01:17:33)
2.L. CITYWIDE ENERGY MANAGEMENT PROJECT:
Staff Report Item 2.L.
The City Council requested that Sustainability Commission be included in the process.
Motion to approve 1) Receive and file the Comprehensive Energy Analysis dated June 30, 2011, prepared by Chevron Energy Solutions Co.; and 2) Schedule a Study Session for September 28, 2011, for a separate discussion with staff and CES to review the list of ECMs proposed as part of the citywide energy management project, and to determine the final scope of the energy management project undertaken by the City. Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to approve 1) Receive and file the Comprehensive Energy Analysis dated June 30, 2011, prepared by Chevron Energy Solutions Co.; and 2) Schedule a Study Session for September 28, 2011, for a separate discussion with staff and CES to review the list of ECMs proposed as part of the citywide energy management project, and to determine the final scope of the energy management project undertaken by the City. (Approved)
2.O. AWARD OF IFB 11-08 FOR PALM TREE TRIMMING AT VARIOUS LOCATIONS IN THE CITY OF PALM SPRINGS:
Staff Report Item 2.O.
Councilmember Mills requested staff address City staff supervision of contractor.
Motion to approve 1) Award a contract for Bid (IFB) 11-08, Palm Tree Trimming at various locations in the City of Palm Springs to Padilla Tree Service based on unit prices per tree for a projected cost of $62,051.00; and 2) Authorize the City Manager to execute all necessary documents. Moved by Councilmember Foat, seconded by Mayor Pro Tem Weigel.
Vote to approve 1) Award a contract for Bid (IFB) 11-08, Palm Tree Trimming at various locations in the City of Palm Springs to Padilla Tree Service based on unit prices per tree for a projected cost of $62,051.00; and 2) Authorize the City Manager to execute all necessary documents. (Approved) (Recorded at 01:20:21)
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS:
4.A. CONSIDER A MEASURE FOR SUBMISSION TO THE VOTERS AT THE NOVEMBER 8, 2011, GENERAL MUNICIPAL ELECTION, REGARDING A ONE PERCENT TRANSACTIONS, SALES, AND USE TAX:
Staff Report Item 4.A.
City Manager Ready and City Clerk Thompson provided background information as outlined in the staff report dated July 20, 2011.
Councilmember Hutcheson requested staff address the bonding examples as contained in the Finance Terms and Alternatives memorandum, conservative nature of the proposed tax, staggering the issuance of the bonds and other use of the proceeds.
Mayor Pougnet commented on the recent budgetary issues and the lack of funding for capital projects, the condition of the Desert Fashion Plaza, the State take away, commented on the ballot question, and stated his support for a 1% tax.
Councilmember Foat commented on the history of the redevelopment agency and funding of projects, the State proposal for the elimination of Redevelopment funds, the Cityās severe budget cuts, and stated it could not be placed on the tax on the ballot as a single use tax, the capital improvements that can be accomplish with additional funding, and requested a sunset clause be added to the measure.
Mayor Pro Tem Weigel commented on the benefits of placing this tax on the ballot, and stated the voters should have the opportunity to vote on the measure and would suggest a sunset clause for the ballot measure.
Councilmember Mills commented on the benefits of an additional local tax and the funding of capital improvement projects, recommends the creation of a separate line item to track the local sales tax funding, stated the community is in alignment for the renovation of the Downtown area, commented on the lack of funding for capital improvement projects, and noted projects that could be funded with additional funding.
Councilmember Hutcheson commented on the anticipated uses of the proposed tax, recommended a 15 year sunset provision be added and a separate line item be created, and recommended a citizens advisory committee be created to report on the accomplishments.
Mayor Pro Tem Weigel stated his support to include a sunset clause in the proposed ordinance, and requested staff address leveraging the proceeds received from the proposed tax.
Councilmember Foat commented on the staggering approach to the issuance of the bonds.
The City Council discussed and/or commented on adding a sunset clause to the ballot question and measure, or an alternative type of reconsideration clause.
Motion to 1) Adopt Resolution No. 23000, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A MEASURE APPROVING AND IMPLEMENTING A ONE PERCENT (1%) TRANSACTIONS, SALES, AND USE TAX, AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2011, AS CALLED BY RESOLUTION NO. 22957;" and 2) Adopt Resolution No. 23001, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS AND PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS REGARDING A CITY MEASURE AT THE NOVEMBER 8, 2011, GENERAL MUNICIPAL ELECTION, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS,"
amending the ballot question and measure to provide for a twenty-five year sunset clause.
Moved by Councilmember Foat, seconded by Mayor Pougnet.
Vote to 1) Adopt Resolution No. 23000, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A MEASURE APPROVING AND IMPLEMENTING A ONE PERCENT (1%) TRANSACTIONS, SALES, AND USE TAX, AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2011, AS CALLED BY RESOLUTION NO. 22957;" and 2) Adopt Resolution No. 23001, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS AND PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS REGARDING A CITY MEASURE AT THE NOVEMBER 8, 2011, GENERAL MUNICIPAL ELECTION, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS,"
amending the ballot question and measure to provide for a twenty-five year sunset clause.
(Approved)
The City Council recessed at 8:23 p.m.
The City Council reconvened at 8:32 p.m.
4.B. APPROVE A PROJECT FINANCING AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND PALM SPRINGS PROMENADE, LLC FOR THE REDEVELOPMENT OF CERTAIN REAL PROPERTY LOCATED AT 123 NORTH PALM 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 July 20, 2011.
Mayor Pougnet commented on the proposed financing agreement deal points.
Mayor Pro Tem Weigel requested staff address the purpose of the redevelopment, and stated his support for the project financing agreement.
Councilmember Hutcheson commented on the items and projects that would be of significant importance to the City, residents, and tourism, and commented on the phasing of the project.
Councilmember Mills commented on the process to get to this agreement, and noted a few items in the agreement that require additional fine tuning.
Councilmember Foat stated that City staff and Mr. Wessman has responded to her items of concern, noted the City is well protected by the agreement, and commented on the process of eminent domain.
Motion to Continue the Item to September 7, 2010. Moved by Mayor Pro Tem Weigel, seconded by Councilmember Mills.
Vote to Continue the Item to September 7, 2010. (Approved)
4.C. COMMUNITY REDEVELOPMENT AGENCY HEARING FOR A RESOLUTION OF NECESSITY DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF THE DESERT FASHION PLAZA AND THE TOWN AND COUNTRY CENTER:
Staff Report Item 4.C.
City Attorney Holland requested the City Council continue the hearing to September 7, 2011.
Motion to 1) Continue the hearing to September 7, 2011, with no public testimony at this time; and 2) Direct the Agency Secretary to post a Notice of Continuance. Moved by Councilmember Foat, seconded by Mayor Pro Tem Weigel.
Vote to 1) Continue the hearing to September 7, 2011, with no public testimony at this time; and 2) Direct the Agency Secretary to post a Notice of Continuance. (Approved)
5. NEW BUSINESS:
5.A. DESIGNATION OF A VOTING DELEGATE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE SEPTEMBER 21-23, 2011:
Staff Report Item 5.A.
Motion to Appoint Councilmember Ginny Foat as the Voting Delegate for the 2011 League of California Cities Annual Conference in San Francisco, California, September 21-23, 2011. Moved by Mayor Pro Tem Weigel, seconded by Councilmember Mills.
Vote to Appoint Councilmember Ginny Foat as the Voting Delegate for the 2011 League of California Cities Annual Conference in San Francisco, California, September 21-23, 2011. (Approved)
5.B. DOWNTOWN AND UPTOWN BUSINESS DISTRICT TEMPORARY PUBLIC RESTROOM PROGRAM:
Staff Report Item 5.B.
John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated July 20, 2011.
City Manager Ready noted some staff changes to the program, stated the program is not limited to restaurants, and the program boundaries would be limited to those of the Palm Springs Business Improvement District.
Councilmember Mills stated his support of the project, and recommended a sliding scale in compensation for larger bathroom facilities.
Councilmember Foat recommended the City not require the log on the restroom door, would support a sliding scale for larger facilities, additional specifics in hours, and requested that hand sanitizer and hot water in the restroom be required, along with an indemnification or insurance, and recommend City staff review the public restroom sign design rather than a window decal.
Mayor Pro Tem Weigel stated his agreement for improved provisions for signage, additional specificity for hours, and requested staff address the costs to the City to build and maintain public restrooms.
Motion to 1) Adopt Resolution No. 23002, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE DOWNTOWN AND UPTOWN TEMPORARY PUBLIC RESTROOM PROGRAM GUIDELINES AND APPLICATION/ AGREEMENT,"
amending the program to modify the boundaries of the program and not limiting the program to restaurants;
2) Direct staff to consider and incorporate other changes as discussed by the City Council; and 3) Adopt Resolution No. 23003-2, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2011-12." Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to 1) Adopt Resolution No. 23002, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE DOWNTOWN AND UPTOWN TEMPORARY PUBLIC RESTROOM PROGRAM GUIDELINES AND APPLICATION/ AGREEMENT,"
amending the program to modify the boundaries of the program and not limiting the program to restaurants;
2) Direct staff to consider and incorporate other changes as discussed by the City Council; and 3) Adopt Resolution No. 23003-2, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2011-12." (Approved)
5.C. DISCUSS POTENTIAL CITY COUNCIL INITIATION OF A ZONE TEXT AMENDMENT WITH REGARD TO CHANGEABLE COPY AND OTHER SIGNS PURSUANT TO PALM SPRINGS ZONING CODE SECTION 94.07.01(A)(1)(b):
Craig Ewing, Director of Planning Services, provided background information on the City Council initiated of a Zone Text Amendment.
Councilmember Hutcheson requested the amendment address creative ideas for signage of vacant spaces, for lease signs, and look at the banner ordinance.
Councilmember Mills requested the amendment review menu boards with electronic copy, and quality of signs for major complexes for lease.
Councilmember Foat requested staff address the status of barber pole revisions to the sign ordinance, requested staff address any substitute process for electronic billboards, and requested the amendment address digital signs generally.
ACTION:
Initiate a Zone Text Amendment for changeable copy and other signs pursuant to Palm Springs Zoning Code Section 94.07.01(A)(1)(b) and refer to the Planning Commission.
By consensus of the City Council.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: None.
ADJOURNMENT:
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