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:
City Clerk Thompson stated that staff requested Item 2.I. be withdrawn from the Agenda.
Mayor Pro Tem Weigel requested Items 2.J. and 2.L. be removed from the Consent Calendar for separate discussion.
Mayor Pougnet requested Items 2.G., 2.J., and 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 Hutcheson.
Vote to approve Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
1.A. PALM SPRINGS TREATMENT CENTERS, LLC "MICHAEL'S HOUSE" AN ASSISTED LIVING FACILITY USE ON AN APPROXIMATE 0.88-ACRE SITE AT 430 SOUTH CAHUILLA ROAD; ZONE R-3, RESORT COMBINING ZONE OVERLAY (CASE 5.1249 PLANNED DEVELOPMENT DISTRICT 358):
Staff Report Item 1.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated May 18, 2011.
Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.
DR. KRISTA GILBERT, Applicant, stated the assisted living facility has been in existence for 22 years, commented on the admitting and screening process and the programs at the facility, and the facility changes based on neighborhood concerns.
SHERYL HAMLIN, requested the City Council consider adding some conditions to the approval of the PDD regarding restrictions on the clientele.
JAMES CIOFFI, commented on the programs and facilities at Michael’s House, outlined the neighborhood meetings, noted the letters of support from the surrounding neighbors, and requested the City Council approve the PDD.
FRANK TYSEN, stated the neighborhood organization members have raised some concerns operating this facility in the residential zone, commented on the revenue that could be generated by a small hotel, and requested the City Council take the time needed to study the issue of rehab houses in residential zones.
DR. KRISTA GILBERT, Rebuttal, stated the residents are voluntary, stated the neighbors were invited to the facility, commented on economic benefits, and stated the organization will continue to work with the neighbors on issues of concern.
No further speakers coming forward, the public hearing was closed.
Councilmember Hutcheson requested staff address complaints, requested the applicant address adding conditions regarding restrictions for residents, commented on public benefit for the PDD and requested a public benefit added, and requested a condition be added prohibiting women clients, drugs, felons, parolees and sex offenders.
Mayor Pro Tem Weigel requested the manner in which the City classifies treatment facilities, recommended the City staff review the standards for treatment facilities in residential zones and types of restrictions, and requested the City Attorney comment on the citizen recommended conditions.
Councilmember Foat stated the City may be overstepping what types of conditions can be placed on the residents, requested the City Attorney review the loss of TOT revenue, stated the program is a wonderful program, and requested the applicant address the other facilities in the City, recommended the City Council table this item for staff to review, and stated she would not be in favor of all the additional conditions.
Councilmember Mills stated staff should review the classification of use and stated this type of application should be a CUP and not a PDD, and recommended the City Council table the Item until staff may review.
Councilmember Hutcheson stated his support to table the public hearing, but wanted to be sure the facility was allowed to operate in the interim period.
Councilmember Mills stated the PDD is to increase the number of beds, and the approval for this is a PDD and a CUP, and the zoning ordinance does not define this specific use.
Councilmember Foat stated her concerns about the City restricting who can live at this location.
Mayor Pro Tem Weigel requested the applicant address any concerns or issues by tabling the public hearing.
Mayor Pougnet stated his support to approve the facility as recommend by staff, commented on the residents and the facility, and stated he believes they have operated a business the way we wished all businesses should be operated.
Councilmember Mills stated his support for making a decision, and stated his support for approving the project as recommended.
Councilmember Foat requested staff address the classification as an Assisted Care Facility.
Motion to approve Adopt Resolution No. 22917, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1249 PLANNED DEVELOPMENT DISTRICT 358, FOR MICHAEL'S HOUSE, A SUBSTANCE ABUSE RECOVERY CENTER (ASSISTED LIVING FACILITY USE), IN AN EXISTING FACILITY ON AN APPROXIMATE 0.88-ACRE SITE LOCATED AT 430 SOUTH CAHUILLA ROAD (APN 513-212-002)." Moved by Councilmember Mills, seconded by Councilmember Foat.
Vote to approve Adopt Resolution No. 22917, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1249 PLANNED DEVELOPMENT DISTRICT 358, FOR MICHAEL'S HOUSE, A SUBSTANCE ABUSE RECOVERY CENTER (ASSISTED LIVING FACILITY USE), IN AN EXISTING FACILITY ON AN APPROXIMATE 0.88-ACRE SITE LOCATED AT 430 SOUTH CAHUILLA ROAD (APN 513-212-002)." (Approved) (Recorded at 01:03:10)
1.B. PLACEMENT OF DELINQUENT WASTE DISPOSAL CHARGES ON THE COUNTY TAX ROLLS AS A SPECIAL ASSESSMENT:
Staff Report Item 1.B.
David Barakian, Director of Public Works, provided background information as outlined in the staff report dated May 18, 2011.
Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.
MONTE LANDIS, Palm Springs, commented on the lack of a senior citizen rate for waste collection, and the addition of administrative fees.
No further speakers coming forward, the public hearing was closed.
Motion to approve Adopt Resolution No. 22918, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING CERTAIN WASTE DISPOSAL ACCOUNTS TO BE DELINQUENT AND DIRECTING THE PLACEMENT OF THESE ACCOUNTS ON THE COUNTY PROPERTY TAX ROLLS FOR COLLECTION." Moved by Mayor Pro Tem Weigel, seconded by Mayor Pougnet.
Vote to approve Adopt Resolution No. 22918, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING CERTAIN WASTE DISPOSAL ACCOUNTS TO BE DELINQUENT AND DIRECTING THE PLACEMENT OF THESE ACCOUNTS ON THE COUNTY PROPERTY TAX ROLLS FOR COLLECTION." (Approved) (Recorded at 01:09:27)
PUBLIC COMMENT:
MICHAEL McCULLOCH, Palm Springs, commented on the proposed election reform, and stated he wanted free and fair elections in the City of Palm Springs.
MARK NICHOLS, Chair Sustainability Commission, stated the City's Sustainability Commission recommends the City Council approve the maximum number of energy saving proposals, and stated this is a paid by savings contract as no expenditures are required.
FRANK TYSEN, commented on the requirement for a public benefit for the granting of a PDD.
THOMAS HALL, renewable energy provider, commented on Item 4.A., and stated his support for the Citywide Energy Management Project.
COUNCILMEMBER COMMENTS:
Councilmember Foat provided an update on Roy's Desert Resource Center.
Councilmember Hutcheson requested the City Attorney address the local taxation of medical cannabis operators.
Mayor Pougnet commented on crime issues in the north industrial area, and requested City Staff meet with business owners in that area, and commented on public improvements in the Desert Highland Gateway neighborhood.
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.H., 2.K., 2.M., and 2.N. 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.H., 2.K., 2.M., and 2.N. (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. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF APRIL 2011:
Staff Report Item 2.D.
2.E. TREASURER'S INVESTMENT REPORT AS OF MARCH 31, 2011:
Staff Report Item 2.E.
2.F. APPROVE ANNUAL INSURANCE POLICY RENEWALS FOR THE CITY'S INSURANCE PORTFOLIO FOR FISCAL YEAR 2011-12:
Staff Report Item 2.F.
2.H. ACCEPTANCE OF A $60,000 GRANT FROM ORANGE COUNTY/INLAND EMPIRE REGIONAL SMALL BUSINESS DEVELOPMENT CENTER FOR THE COACHELLA VALLEY INNOVATION HUB (CViHUB) PROGRAM:
Staff Report Item 2.H.
2.K. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1791, APPROVING CASE 5.1212 CZ, A CHANGE OF ZONE FROM E-I (ENERGY-INDUSTRIAL) TO M-2 (MANUFACTURING) FOR AN APPROXIMATE 98-ACRE PARCEL LOCATED AT THE SOUTHEAST CORNER OF KAREN AVENUE AND 19TH AVENUE:
Staff Report Item 2.K.
2.M. PRELIMINARY NOTIFICATION LETTER FOR THE FISCAL YEAR 2010-11 AUDIT FROM CITY AUDITORS LANCE, SOLL & LUNGHARD, LLP:
Staff Report Item 2.M.
2.N. SUPPORT AB 307 PENDING STATE LEGISLATION EXPRESSLY ALLOWING FEDERALLY RECOGNIZED INDIAN TRIBES TO ENTER INTO JOINT POWERS AGREEMENTS IN CALIFORNIA:
Staff Report Item 2.N.
EXCLUDED CONSENT CALENDAR:
2.G. AMENDMENT TO THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRACT, NEW 3% @ 55 SAFETY POLICE SECOND TIER WITHIN A NON-POOLED PLAN (SECTION 20475: DIFFERENT LEVEL OF BENEFITS PROVIDED FOR NEW EMPLOYEES) - FOR POLICE ONLY:
Staff Report Item 2.G.
Motion to approve 1) Adopt Resolution No. 22924, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF PALM SPRINGS." Moved by Councilmember Foat, seconded by Mayor Pro Tem Weigel.
Vote to approve 1) Adopt Resolution No. 22924, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF PALM SPRINGS." (Approved) (Recorded at 01:26:31)
2.I. AMENDMENT NO. 2 TO AGREEMENT NO. A5937 WITH THE SPANISH INN, INC. FOR PROPERTY AT 640 NORTH INDIAN CANYON DRIVE:
Staff Report Item 2.I.
Item withdrawn from the Agenda.
2.J. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1790, ESTABLISHING ELECTION REGULATIONS INCREASING THE NUMBER OF SIGNATURES NEEDED TO QUALIFY TO RUN FOR ELECTIVE OFFICE:
Staff Report Item 2.J.
Mayor Pro Tem Weigel requested staff clarify the concerns about the constitutionality of charging a fee, and other options.
Councilmember Hutcheson commented on the cost issue and stated the City Council should consider deleting the fee.
Mayor Pougnet requested the City Attorney address the procedural question on the adoption of the Ordinance, commented on community process associated with running for public office, and stated he is not in support of the Ordinance.
Councilmember Foat commented on the responsibilities associated with running for public office and the proposed fee.
Councilmember Mills requested City staff clarify the fee, noted the responsibilities associated with running for public office.
Mayor Pougnet commented on the signature component of the ordinance.
Motion to Waive reading and reintroduce by title only Ordinance No. 1790, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.02 TO, REPEALING SECTIONS 2.04.080 AND 2.04.100 OF THE PALM SPRINGS MUNICIPAL CODE, AND REPEALING UNCODIFIED ORDINANCE NO. 1562, RELATING TO THE CONDUCT OF MUNICIPAL ELECTIONS
," amending the Ordinance by deleting Section 2.02.035 Filing Fee.
Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to Waive reading and reintroduce by title only Ordinance No. 1790, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.02 TO, REPEALING SECTIONS 2.04.080 AND 2.04.100 OF THE PALM SPRINGS MUNICIPAL CODE, AND REPEALING UNCODIFIED ORDINANCE NO. 1562, RELATING TO THE CONDUCT OF MUNICIPAL ELECTIONS
," amending the Ordinance by deleting Section 2.02.035 Filing Fee.
(Declined)
Motion to approve Waive further reading and adopt Ordinance No. 1790, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.02 TO, REPEALING SECTIONS 2.04.080 AND 2.04.100 OF THE PALM SPRINGS MUNICIPAL CODE, AND REPEALING UNCODIFIED ORDINANCE NO. 1562, RELATING TO THE CONDUCT OF MUNICIPAL ELECTIONS." Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to approve Waive further reading and adopt Ordinance No. 1790, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.02 TO, REPEALING SECTIONS 2.04.080 AND 2.04.100 OF THE PALM SPRINGS MUNICIPAL CODE, AND REPEALING UNCODIFIED ORDINANCE NO. 1562, RELATING TO THE CONDUCT OF MUNICIPAL ELECTIONS." (Declined) (Recorded at 01:43:45)
Motion to Waive reading and reintroduce by title only Ordinance No. 1790, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.02 TO, REPEALING SECTIONS 2.04.080 AND 2.04.100 OF THE PALM SPRINGS MUNICIPAL CODE, AND REPEALING UNCODIFIED ORDINANCE NO. 1562, RELATING TO THE CONDUCT OF MUNICIPAL ELECTIONS
," amending the Ordinance by deleting Section 2.02.035 Filing Fee.
Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to Waive reading and reintroduce by title only Ordinance No. 1790, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.02 TO, REPEALING SECTIONS 2.04.080 AND 2.04.100 OF THE PALM SPRINGS MUNICIPAL CODE, AND REPEALING UNCODIFIED ORDINANCE NO. 1562, RELATING TO THE CONDUCT OF MUNICIPAL ELECTIONS
," amending the Ordinance by deleting Section 2.02.035 Filing Fee.
(Approved)
2.L. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1792, ESTABLISHING ELECTION REGULATIONS REQUIRING PROOF OF RESIDENCY AND REGULATIONS FOR THE USE OF THE CITY SEAL:
Staff Report Item 2.L.
Motion to approve Waive further reading and adopt Ordinance No. 1792, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTIONS 2.02.025, 2.02.050, AND 1.04.030 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE CONDUCT OF MUNICIPAL ELECTIONS PROOF OF RESIDENCY REQUIREMENTS AND THE USE OF THE CITY SEAL." Moved by Councilmember Mills, seconded by Councilmember Foat.
Vote to approve Waive further reading and adopt Ordinance No. 1792, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTIONS 2.02.025, 2.02.050, AND 1.04.030 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE CONDUCT OF MUNICIPAL ELECTIONS PROOF OF RESIDENCY REQUIREMENTS AND THE USE OF THE CITY SEAL." (Approved) (Recorded at 01:46:24)
3. LEGISLATIVE:
3.A. CONSIDERATION OF AN ORDINANCE EXTENDING THE DEFERRAL OF PAYMENT OF CERTAIN DEVELOPMENT IMPACT FEES BY ORDINANCE NO. 1757:
Staff Report Item 3.A.
Tom Wilson, Assistant City Manager, provided background information as outlined in the staff report dated May 18, 2011.
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. 1793, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, PROVIDING FOR THE DEFERRAL OF PAYMENT OF CERTAIN DEVELOPMENT IMPACT FEES AND EXTENDING ORDINANCE NO. 1757." Moved by Councilmember Foat, seconded by Mayor Pro Tem Weigel.
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. 1793, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, PROVIDING FOR THE DEFERRAL OF PAYMENT OF CERTAIN DEVELOPMENT IMPACT FEES AND EXTENDING ORDINANCE NO. 1757." (Approved) (Recorded at 01:48:12)
4. UNFINISHED BUSINESS:
4.A. CITYWIDE ENERGY MANAGEMENT PROJECT:
Staff Report Item 4.A.
Marcus Fuller, Assistant Director of Public Works, and Michele Mician, Sustainability Manager, provided background information as outlined in the staff report dated May 18, 2011
Councilmember Hutcheson requested staff address the two proposed solar projects, the project estimate and potential subsidy for solar.
Mayor Pro Tem Weigel commented on the potential subsidy for solar, commented on the benefits of the program, the assumptions on maintaining the budget at current levels for 25 years, and requested staff address the CoGen differences, and the elimination of the solar panels.
Councilmember Foat requested staff address increasing the usage at Sunrise Park for the skate park, commented on the remaining life of equipment v. the time to pay off the investment, requested to include other facilities on the Sunrise Park property.
Councilmember Mills requested staff address the heating of the pool, increasing the volume of the Sunrise plant, the proposed solar field at Sunrise Park, the advantage of having two engines at the Co-Gen, recommended the City Council hold a dedicated study session.
Mayor Pougnet stated he was hoping for additional savings in the reports, the bond funding of the improvements, noted the deficiencies for the solar project, and recommended a study session on this topic.
ACTION:
Direct Staff to schedule a dedicated study session for further discussion on the Citywide Energy Project; and 2) Direct staff to proceed with the submission of a grant application to the California Solar Incentive Program, estimated cost of $5,000 to submit the application
. By consensus of the City Council.
4.B. STATUS REPORT ON THE COACHELLA VALLEY INNOVATION HUB, A STATE OF CALIFORNIA INITIATIVE PROMOTING THE ADVANCEMENT OF EMERGING INNOVATIVE TECHNOLOGY TO COMMERCIALIZATION:
Staff Report Item 4.B.
Cathy Van Horn, Community and Economic Development Administrator, provided background information as outlined in the staff report dated May 18, 2011.
ACTION:
Receive and file the report.
By consensus of the City Council.
5. NEW BUSINESS:
5.A. PRESENTATION AND DISCUSSION OF THE DRAFT FISCAL YEAR 2011-12 BUDGET INCLUDING COMMUNITY REDEVELOPMENT AGENCY, RISK MANAGEMENT FUND, CAPITAL PROJECTS FUND, AND SPECIAL DISTRIBUTION FUND:
Staff Report Item 5.A.
Geoffrey Kiehl, Director of Finance, provided background information as outlined in the Fiscal Year 2011-12 Budget documents.
Mayor Pro Tem Weigel requested staff address the debt service on the Golf Fund.
Councilmember Hutcheson requested the City Manager provide alternatives for the elimination of the General Fund subsidy of parking operations.
No action taken.
5.B. APPOINTMENT OF VARIOUS COMMISSIONERS AND BOARD MEMBERS AS PART OF THE 2011 ANNUAL RECRUITMENT PROCESS:
Staff Report Item 5.B.
City Clerk Thompson provided background information as outlined in the Memorandum dated May 18, 2011.
Motion to approve 1) Appoint Fred Fabricant, F. Gillar Boyd, Jr., and Manuel Suero to the Airport Commission for the term ending June 30, 2014; 2) Reappoint Scott Meredith, and appoint Randy Lowe, to the Parks and Recreation Commission for the term ending June 30, 2014; 3) Appoint Ronald Caya and Angela Valente Romeo to the Public Arts Commission for the term ending June 30, 2014; 4) Appoint Eli Stiny and Carol Ramsey, to the Rent Review Commission for the term ending June 30, 2014; 5) Reappoint Bernard Sherwyn to the Personnel Board for the term ending June 30, 2014; and 6) Reappoint Mary Ann Kaestner to the VillageFest Board for the term ending June 30, 2014. Moved by Councilmember Foat, seconded by Mayor Pro Tem Weigel.
Vote to approve 1) Appoint Fred Fabricant, F. Gillar Boyd, Jr., and Manuel Suero to the Airport Commission for the term ending June 30, 2014; 2) Reappoint Scott Meredith, and appoint Randy Lowe, to the Parks and Recreation Commission for the term ending June 30, 2014; 3) Appoint Ronald Caya and Angela Valente Romeo to the Public Arts Commission for the term ending June 30, 2014; 4) Appoint Eli Stiny and Carol Ramsey, to the Rent Review Commission for the term ending June 30, 2014; 5) Reappoint Bernard Sherwyn to the Personnel Board for the term ending June 30, 2014; and 6) Reappoint Mary Ann Kaestner to the VillageFest Board for the term ending June 30, 2014. (Approved) (Recorded at 03:07:24)
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: None.
ADJOURNMENT:
May 18, 2011 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:
City Clerk Thompson stated that staff requested Item 2.I. be withdrawn from the Agenda.
Mayor Pro Tem Weigel requested Items 2.J. and 2.L. be removed from the Consent Calendar for separate discussion.
Mayor Pougnet requested Items 2.G., 2.J., and 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 Hutcheson.
Vote to approve Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
1.A. PALM SPRINGS TREATMENT CENTERS, LLC "MICHAEL'S HOUSE" AN ASSISTED LIVING FACILITY USE ON AN APPROXIMATE 0.88-ACRE SITE AT 430 SOUTH CAHUILLA ROAD; ZONE R-3, RESORT COMBINING ZONE OVERLAY (CASE 5.1249 PLANNED DEVELOPMENT DISTRICT 358):
Staff Report Item 1.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated May 18, 2011.
Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.
DR. KRISTA GILBERT, Applicant, stated the assisted living facility has been in existence for 22 years, commented on the admitting and screening process and the programs at the facility, and the facility changes based on neighborhood concerns.
SHERYL HAMLIN, requested the City Council consider adding some conditions to the approval of the PDD regarding restrictions on the clientele.
JAMES CIOFFI, commented on the programs and facilities at Michael’s House, outlined the neighborhood meetings, noted the letters of support from the surrounding neighbors, and requested the City Council approve the PDD.
FRANK TYSEN, stated the neighborhood organization members have raised some concerns operating this facility in the residential zone, commented on the revenue that could be generated by a small hotel, and requested the City Council take the time needed to study the issue of rehab houses in residential zones.
DR. KRISTA GILBERT, Rebuttal, stated the residents are voluntary, stated the neighbors were invited to the facility, commented on economic benefits, and stated the organization will continue to work with the neighbors on issues of concern.
No further speakers coming forward, the public hearing was closed.
Councilmember Hutcheson requested staff address complaints, requested the applicant address adding conditions regarding restrictions for residents, commented on public benefit for the PDD and requested a public benefit added, and requested a condition be added prohibiting women clients, drugs, felons, parolees and sex offenders.
Mayor Pro Tem Weigel requested the manner in which the City classifies treatment facilities, recommended the City staff review the standards for treatment facilities in residential zones and types of restrictions, and requested the City Attorney comment on the citizen recommended conditions.
Councilmember Foat stated the City may be overstepping what types of conditions can be placed on the residents, requested the City Attorney review the loss of TOT revenue, stated the program is a wonderful program, and requested the applicant address the other facilities in the City, recommended the City Council table this item for staff to review, and stated she would not be in favor of all the additional conditions.
Councilmember Mills stated staff should review the classification of use and stated this type of application should be a CUP and not a PDD, and recommended the City Council table the Item until staff may review.
Councilmember Hutcheson stated his support to table the public hearing, but wanted to be sure the facility was allowed to operate in the interim period.
Councilmember Mills stated the PDD is to increase the number of beds, and the approval for this is a PDD and a CUP, and the zoning ordinance does not define this specific use.
Councilmember Foat stated her concerns about the City restricting who can live at this location.
Mayor Pro Tem Weigel requested the applicant address any concerns or issues by tabling the public hearing.
Mayor Pougnet stated his support to approve the facility as recommend by staff, commented on the residents and the facility, and stated he believes they have operated a business the way we wished all businesses should be operated.
Councilmember Mills stated his support for making a decision, and stated his support for approving the project as recommended.
Councilmember Foat requested staff address the classification as an Assisted Care Facility.
Motion to approve Adopt Resolution No. 22917, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1249 PLANNED DEVELOPMENT DISTRICT 358, FOR MICHAEL'S HOUSE, A SUBSTANCE ABUSE RECOVERY CENTER (ASSISTED LIVING FACILITY USE), IN AN EXISTING FACILITY ON AN APPROXIMATE 0.88-ACRE SITE LOCATED AT 430 SOUTH CAHUILLA ROAD (APN 513-212-002)." Moved by Councilmember Mills, seconded by Councilmember Foat.
Vote to approve Adopt Resolution No. 22917, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1249 PLANNED DEVELOPMENT DISTRICT 358, FOR MICHAEL'S HOUSE, A SUBSTANCE ABUSE RECOVERY CENTER (ASSISTED LIVING FACILITY USE), IN AN EXISTING FACILITY ON AN APPROXIMATE 0.88-ACRE SITE LOCATED AT 430 SOUTH CAHUILLA ROAD (APN 513-212-002)." (Approved) (Recorded at 01:03:10)
1.B. PLACEMENT OF DELINQUENT WASTE DISPOSAL CHARGES ON THE COUNTY TAX ROLLS AS A SPECIAL ASSESSMENT:
Staff Report Item 1.B.
David Barakian, Director of Public Works, provided background information as outlined in the staff report dated May 18, 2011.
Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.
MONTE LANDIS, Palm Springs, commented on the lack of a senior citizen rate for waste collection, and the addition of administrative fees.
No further speakers coming forward, the public hearing was closed.
Motion to approve Adopt Resolution No. 22918, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING CERTAIN WASTE DISPOSAL ACCOUNTS TO BE DELINQUENT AND DIRECTING THE PLACEMENT OF THESE ACCOUNTS ON THE COUNTY PROPERTY TAX ROLLS FOR COLLECTION." Moved by Mayor Pro Tem Weigel, seconded by Mayor Pougnet.
Vote to approve Adopt Resolution No. 22918, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING CERTAIN WASTE DISPOSAL ACCOUNTS TO BE DELINQUENT AND DIRECTING THE PLACEMENT OF THESE ACCOUNTS ON THE COUNTY PROPERTY TAX ROLLS FOR COLLECTION." (Approved) (Recorded at 01:09:27)
PUBLIC COMMENT:
MICHAEL McCULLOCH, Palm Springs, commented on the proposed election reform, and stated he wanted free and fair elections in the City of Palm Springs.
MARK NICHOLS, Chair Sustainability Commission, stated the City's Sustainability Commission recommends the City Council approve the maximum number of energy saving proposals, and stated this is a paid by savings contract as no expenditures are required.
FRANK TYSEN, commented on the requirement for a public benefit for the granting of a PDD.
THOMAS HALL, renewable energy provider, commented on Item 4.A., and stated his support for the Citywide Energy Management Project.
COUNCILMEMBER COMMENTS:
Councilmember Foat provided an update on Roy's Desert Resource Center.
Councilmember Hutcheson requested the City Attorney address the local taxation of medical cannabis operators.
Mayor Pougnet commented on crime issues in the north industrial area, and requested City Staff meet with business owners in that area, and commented on public improvements in the Desert Highland Gateway neighborhood.
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.H., 2.K., 2.M., and 2.N. 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.H., 2.K., 2.M., and 2.N. (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. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF APRIL 2011:
Staff Report Item 2.D.
2.E. TREASURER'S INVESTMENT REPORT AS OF MARCH 31, 2011:
Staff Report Item 2.E.
2.F. APPROVE ANNUAL INSURANCE POLICY RENEWALS FOR THE CITY'S INSURANCE PORTFOLIO FOR FISCAL YEAR 2011-12:
Staff Report Item 2.F.
2.H. ACCEPTANCE OF A $60,000 GRANT FROM ORANGE COUNTY/INLAND EMPIRE REGIONAL SMALL BUSINESS DEVELOPMENT CENTER FOR THE COACHELLA VALLEY INNOVATION HUB (CViHUB) PROGRAM:
Staff Report Item 2.H.
2.K. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1791, APPROVING CASE 5.1212 CZ, A CHANGE OF ZONE FROM E-I (ENERGY-INDUSTRIAL) TO M-2 (MANUFACTURING) FOR AN APPROXIMATE 98-ACRE PARCEL LOCATED AT THE SOUTHEAST CORNER OF KAREN AVENUE AND 19TH AVENUE:
Staff Report Item 2.K.
2.M. PRELIMINARY NOTIFICATION LETTER FOR THE FISCAL YEAR 2010-11 AUDIT FROM CITY AUDITORS LANCE, SOLL & LUNGHARD, LLP:
Staff Report Item 2.M.
2.N. SUPPORT AB 307 PENDING STATE LEGISLATION EXPRESSLY ALLOWING FEDERALLY RECOGNIZED INDIAN TRIBES TO ENTER INTO JOINT POWERS AGREEMENTS IN CALIFORNIA:
Staff Report Item 2.N.
EXCLUDED CONSENT CALENDAR:
2.G. AMENDMENT TO THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRACT, NEW 3% @ 55 SAFETY POLICE SECOND TIER WITHIN A NON-POOLED PLAN (SECTION 20475: DIFFERENT LEVEL OF BENEFITS PROVIDED FOR NEW EMPLOYEES) - FOR POLICE ONLY:
Staff Report Item 2.G.
Motion to approve 1) Adopt Resolution No. 22924, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF PALM SPRINGS." Moved by Councilmember Foat, seconded by Mayor Pro Tem Weigel.
Vote to approve 1) Adopt Resolution No. 22924, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF PALM SPRINGS." (Approved) (Recorded at 01:26:31)
2.I. AMENDMENT NO. 2 TO AGREEMENT NO. A5937 WITH THE SPANISH INN, INC. FOR PROPERTY AT 640 NORTH INDIAN CANYON DRIVE:
Staff Report Item 2.I.
Item withdrawn from the Agenda.
2.J. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1790, ESTABLISHING ELECTION REGULATIONS INCREASING THE NUMBER OF SIGNATURES NEEDED TO QUALIFY TO RUN FOR ELECTIVE OFFICE:
Staff Report Item 2.J.
Mayor Pro Tem Weigel requested staff clarify the concerns about the constitutionality of charging a fee, and other options.
Councilmember Hutcheson commented on the cost issue and stated the City Council should consider deleting the fee.
Mayor Pougnet requested the City Attorney address the procedural question on the adoption of the Ordinance, commented on community process associated with running for public office, and stated he is not in support of the Ordinance.
Councilmember Foat commented on the responsibilities associated with running for public office and the proposed fee.
Councilmember Mills requested City staff clarify the fee, noted the responsibilities associated with running for public office.
Mayor Pougnet commented on the signature component of the ordinance.
Motion to Waive reading and reintroduce by title only Ordinance No. 1790, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.02 TO, REPEALING SECTIONS 2.04.080 AND 2.04.100 OF THE PALM SPRINGS MUNICIPAL CODE, AND REPEALING UNCODIFIED ORDINANCE NO. 1562, RELATING TO THE CONDUCT OF MUNICIPAL ELECTIONS
," amending the Ordinance by deleting Section 2.02.035 Filing Fee.
Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to Waive reading and reintroduce by title only Ordinance No. 1790, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.02 TO, REPEALING SECTIONS 2.04.080 AND 2.04.100 OF THE PALM SPRINGS MUNICIPAL CODE, AND REPEALING UNCODIFIED ORDINANCE NO. 1562, RELATING TO THE CONDUCT OF MUNICIPAL ELECTIONS
," amending the Ordinance by deleting Section 2.02.035 Filing Fee.
(Declined)
Motion to approve Waive further reading and adopt Ordinance No. 1790, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.02 TO, REPEALING SECTIONS 2.04.080 AND 2.04.100 OF THE PALM SPRINGS MUNICIPAL CODE, AND REPEALING UNCODIFIED ORDINANCE NO. 1562, RELATING TO THE CONDUCT OF MUNICIPAL ELECTIONS." Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to approve Waive further reading and adopt Ordinance No. 1790, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.02 TO, REPEALING SECTIONS 2.04.080 AND 2.04.100 OF THE PALM SPRINGS MUNICIPAL CODE, AND REPEALING UNCODIFIED ORDINANCE NO. 1562, RELATING TO THE CONDUCT OF MUNICIPAL ELECTIONS." (Declined) (Recorded at 01:43:45)
Motion to Waive reading and reintroduce by title only Ordinance No. 1790, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.02 TO, REPEALING SECTIONS 2.04.080 AND 2.04.100 OF THE PALM SPRINGS MUNICIPAL CODE, AND REPEALING UNCODIFIED ORDINANCE NO. 1562, RELATING TO THE CONDUCT OF MUNICIPAL ELECTIONS
," amending the Ordinance by deleting Section 2.02.035 Filing Fee.
Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to Waive reading and reintroduce by title only Ordinance No. 1790, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.02 TO, REPEALING SECTIONS 2.04.080 AND 2.04.100 OF THE PALM SPRINGS MUNICIPAL CODE, AND REPEALING UNCODIFIED ORDINANCE NO. 1562, RELATING TO THE CONDUCT OF MUNICIPAL ELECTIONS
," amending the Ordinance by deleting Section 2.02.035 Filing Fee.
(Approved)
2.L. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1792, ESTABLISHING ELECTION REGULATIONS REQUIRING PROOF OF RESIDENCY AND REGULATIONS FOR THE USE OF THE CITY SEAL:
Staff Report Item 2.L.
Motion to approve Waive further reading and adopt Ordinance No. 1792, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTIONS 2.02.025, 2.02.050, AND 1.04.030 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE CONDUCT OF MUNICIPAL ELECTIONS PROOF OF RESIDENCY REQUIREMENTS AND THE USE OF THE CITY SEAL." Moved by Councilmember Mills, seconded by Councilmember Foat.
Vote to approve Waive further reading and adopt Ordinance No. 1792, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTIONS 2.02.025, 2.02.050, AND 1.04.030 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE CONDUCT OF MUNICIPAL ELECTIONS PROOF OF RESIDENCY REQUIREMENTS AND THE USE OF THE CITY SEAL." (Approved) (Recorded at 01:46:24)
3. LEGISLATIVE:
3.A. CONSIDERATION OF AN ORDINANCE EXTENDING THE DEFERRAL OF PAYMENT OF CERTAIN DEVELOPMENT IMPACT FEES BY ORDINANCE NO. 1757:
Staff Report Item 3.A.
Tom Wilson, Assistant City Manager, provided background information as outlined in the staff report dated May 18, 2011.
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. 1793, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, PROVIDING FOR THE DEFERRAL OF PAYMENT OF CERTAIN DEVELOPMENT IMPACT FEES AND EXTENDING ORDINANCE NO. 1757." Moved by Councilmember Foat, seconded by Mayor Pro Tem Weigel.
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. 1793, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, PROVIDING FOR THE DEFERRAL OF PAYMENT OF CERTAIN DEVELOPMENT IMPACT FEES AND EXTENDING ORDINANCE NO. 1757." (Approved) (Recorded at 01:48:12)
4. UNFINISHED BUSINESS:
4.A. CITYWIDE ENERGY MANAGEMENT PROJECT:
Staff Report Item 4.A.
Marcus Fuller, Assistant Director of Public Works, and Michele Mician, Sustainability Manager, provided background information as outlined in the staff report dated May 18, 2011
Councilmember Hutcheson requested staff address the two proposed solar projects, the project estimate and potential subsidy for solar.
Mayor Pro Tem Weigel commented on the potential subsidy for solar, commented on the benefits of the program, the assumptions on maintaining the budget at current levels for 25 years, and requested staff address the CoGen differences, and the elimination of the solar panels.
Councilmember Foat requested staff address increasing the usage at Sunrise Park for the skate park, commented on the remaining life of equipment v. the time to pay off the investment, requested to include other facilities on the Sunrise Park property.
Councilmember Mills requested staff address the heating of the pool, increasing the volume of the Sunrise plant, the proposed solar field at Sunrise Park, the advantage of having two engines at the Co-Gen, recommended the City Council hold a dedicated study session.
Mayor Pougnet stated he was hoping for additional savings in the reports, the bond funding of the improvements, noted the deficiencies for the solar project, and recommended a study session on this topic.
ACTION:
Direct Staff to schedule a dedicated study session for further discussion on the Citywide Energy Project; and 2) Direct staff to proceed with the submission of a grant application to the California Solar Incentive Program, estimated cost of $5,000 to submit the application
. By consensus of the City Council.
4.B. STATUS REPORT ON THE COACHELLA VALLEY INNOVATION HUB, A STATE OF CALIFORNIA INITIATIVE PROMOTING THE ADVANCEMENT OF EMERGING INNOVATIVE TECHNOLOGY TO COMMERCIALIZATION:
Staff Report Item 4.B.
Cathy Van Horn, Community and Economic Development Administrator, provided background information as outlined in the staff report dated May 18, 2011.
ACTION:
Receive and file the report.
By consensus of the City Council.
5. NEW BUSINESS:
5.A. PRESENTATION AND DISCUSSION OF THE DRAFT FISCAL YEAR 2011-12 BUDGET INCLUDING COMMUNITY REDEVELOPMENT AGENCY, RISK MANAGEMENT FUND, CAPITAL PROJECTS FUND, AND SPECIAL DISTRIBUTION FUND:
Staff Report Item 5.A.
Geoffrey Kiehl, Director of Finance, provided background information as outlined in the Fiscal Year 2011-12 Budget documents.
Mayor Pro Tem Weigel requested staff address the debt service on the Golf Fund.
Councilmember Hutcheson requested the City Manager provide alternatives for the elimination of the General Fund subsidy of parking operations.
No action taken.
5.B. APPOINTMENT OF VARIOUS COMMISSIONERS AND BOARD MEMBERS AS PART OF THE 2011 ANNUAL RECRUITMENT PROCESS:
Staff Report Item 5.B.
City Clerk Thompson provided background information as outlined in the Memorandum dated May 18, 2011.
Motion to approve 1) Appoint Fred Fabricant, F. Gillar Boyd, Jr., and Manuel Suero to the Airport Commission for the term ending June 30, 2014; 2) Reappoint Scott Meredith, and appoint Randy Lowe, to the Parks and Recreation Commission for the term ending June 30, 2014; 3) Appoint Ronald Caya and Angela Valente Romeo to the Public Arts Commission for the term ending June 30, 2014; 4) Appoint Eli Stiny and Carol Ramsey, to the Rent Review Commission for the term ending June 30, 2014; 5) Reappoint Bernard Sherwyn to the Personnel Board for the term ending June 30, 2014; and 6) Reappoint Mary Ann Kaestner to the VillageFest Board for the term ending June 30, 2014. Moved by Councilmember Foat, seconded by Mayor Pro Tem Weigel.
Vote to approve 1) Appoint Fred Fabricant, F. Gillar Boyd, Jr., and Manuel Suero to the Airport Commission for the term ending June 30, 2014; 2) Reappoint Scott Meredith, and appoint Randy Lowe, to the Parks and Recreation Commission for the term ending June 30, 2014; 3) Appoint Ronald Caya and Angela Valente Romeo to the Public Arts Commission for the term ending June 30, 2014; 4) Appoint Eli Stiny and Carol Ramsey, to the Rent Review Commission for the term ending June 30, 2014; 5) Reappoint Bernard Sherwyn to the Personnel Board for the term ending June 30, 2014; and 6) Reappoint Mary Ann Kaestner to the VillageFest Board for the term ending June 30, 2014. (Approved) (Recorded at 03:07:24)
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: None.
ADJOURNMENT:
Link
Start video at
Social
Embed
<iframe title="Swagit Video Player" width="640" height="360" src="https://palmspringsca.new.swagit.com/videos/14654/embed" frameborder="0" allowfullscreen></iframe>
Disable autoplay on embedded content?
Download
Download
Download Selected Item
