Video index
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
Roll Call: 6 members present, 0 members absent, 0 members excused.
PRESENTATIONS:
REPORT OF CLOSED SESSION:
ACCEPTANCE OF THE AGENDA:
Mayor Pougnet requested Item 2.E. be removed from the Consent Calendar for separate discussion.
Mayor Pro Tem Foat requested Item 2.E. be removed from the Consent Calendar for separate discussion, and requested the City Attorney address Conflict of Interest issues with respect to Items 2.J. and 2.K.
Councilmember Mills noted his business related abstention on Item 2.C., Warrant No. 1054445, noted his business related abstention for the Valley Station site on Item 2.E., and noted his property related abstention on the Ramon Road portion for Item 2.K.
Councilmember Lewin requested Items 2.J. and 2.K. be removed from the Consent Calendar for separate discussion.
Councilmember Hutcheson requested Items 2.J. and 2.K. be removed from the Consent Calendar for separate discussion.
Motion to approve Accept the Agenda as amended. Moved by Councilmember Hutcheson, seconded by Councilmember Mills.
Vote to approve Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
1.A. APPEAL THE RESCISSION OF THE MEDICAL CANNABIS COOPERATIVE/COLLECTIVE REGULATORY PERMIT FOR CANNAHELP CORPORATION AT 505 INDUSTRIAL PLACE (CASE MC 09-001):
Staff Report Item 1.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the Staff Report dated March 7, 2012.
Mayor Pougnet opened the public hearing and the following speakers addressed the City Council.
STACY HOCHANADEL, Appellant, stated the revocation was issued in error due to the timing and the failure to communicate, and stated the 90-day time period is unattainable.
MICHAEL RICE, Previous Landlord, requested the City Council reject the appeal and uphold the revocation, and commented on problems with Cannahelp.
No further speakers coming forward, the public hearing was closed.
Mayor Pro Tem Foat commented on the process to develop the medical cannabis ordinance and stated her disappointment with Cannahelp.
Councilmember Hutcheson requested staff address the process going forward if the permit is rescinded.
Councilmember Lewin requested staff address if Cannahelp could reapply for another permit.
Councilmember Mills stated his objection not only to the closed site, but to the proposed site for relocation.
Motion to approve Adopt Resolution No. 23099 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE ACTION OF THE CITY MANAGER REVOKING THE MEDICAL CANNABIS COOPERATIVE / COLLECTIVE REGULATORY PERMIT FOR CANNAHELP CORPORATION, AT 505 INDUSTRIAL PLACE, AND ESTABLISHING THAT RESOLUTION NO. 22666 GRANTING THE ORIGINAL PERMIT TO CANNAHELP CORPORATION IS NO LONGER IN EFFECT." Moved by Mayor Pro Tem Foat, seconded by Councilmember Hutcheson.
Vote to approve Adopt Resolution No. 23099 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE ACTION OF THE CITY MANAGER REVOKING THE MEDICAL CANNABIS COOPERATIVE / COLLECTIVE REGULATORY PERMIT FOR CANNAHELP CORPORATION, AT 505 INDUSTRIAL PLACE, AND ESTABLISHING THAT RESOLUTION NO. 22666 GRANTING THE ORIGINAL PERMIT TO CANNAHELP CORPORATION IS NO LONGER IN EFFECT." (Approved)
1.B. APPEAL THE PLANNING COMMISSION DENIAL TO WAIVE OBLIGATIONS TO PERFORM UTILITY UNDERGROUNDING AND APPROVED CONDITIONS OF APPROVAL FOR CASE 5.0866-B, PDD 267, TRACT 31525; A 70-LOT SUBDIVISION LOCATED ON THE EAST SIDE OF SUNRISE WAY BETWEEN SAN RAFAEL DRIVE AND THE WHITEWATER RIVER:
Staff Report Item 1.B.
David Barakian, City Engineer, provided background information as outlined in the Staff Report dated March 7, 2012.
Mayor Pougnet opened the public hearing and the following speakers addressed the City Council.
CHRIS COURTNEY, Representing Appellant, commented on the proceedings before the Planning Commission, noted the letter to the City Council concerning the points of the appeal including Park Dedication, Safety, Transfer of Ownership, Quimby Fees, and Condition Manipulation, and requested the City Council overturn the Planning Commission decision and release the Subdivision Letter of Credit.
No further speakers coming forward, the public hearing was closed.
Mayor Pro Tem Foat requested staff address if an addendum to the deed to convey the property was filed and the implications.
Councilmember Mills stated the property was originally part of the project, the density was transferred to other sites within the PDD, and the developer probably put the cost in the sales prices of the properties, and stated his support for the Planning Commission decision.
Councilmember Lewin requested staff address the timing of the improvements and questioned how the property could have been sold since it is conditioned to be maintained as open space, and requested staff address the responsibility and if the payment of Quimby Fees would change the responsibility.
Councilmember Hutcheson stated the City's interest is for the under grounding of utilities, the burden was not transferred with the land, and stated his support for the Planning Commission decision.
Motion to approve Adopt Resolution No. 23100, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DENIAL OF A REQUEST TO WAIVE OBLIGATIONS TO PERFORM UTILITY UNDERGROUNDING ASSOCIATED WITH THE FOUR SEASON'S DEVELOPMENT, A 70-LOT SUBDIVISION LOCATED ON THE EAST SIDE OF SUNRISE WAY BETWEEN SAN RAFAEL DRIVE AND THE WHITEWATER RIVER (CASE 5.0866-B, PDD 267, TM 31525)." Moved by Councilmember Mills, seconded by Mayor Pougnet.
Vote to approve Adopt Resolution No. 23100, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DENIAL OF A REQUEST TO WAIVE OBLIGATIONS TO PERFORM UTILITY UNDERGROUNDING ASSOCIATED WITH THE FOUR SEASON'S DEVELOPMENT, A 70-LOT SUBDIVISION LOCATED ON THE EAST SIDE OF SUNRISE WAY BETWEEN SAN RAFAEL DRIVE AND THE WHITEWATER RIVER (CASE 5.0866-B, PDD 267, TM 31525)." (Approved) (Recorded at 01:03:39)
PUBLIC COMMENT:
SCOTT CONNELLY, commented on the military noise at the Palm Springs International Airport.
STEVE ROSENBERG, Palm Springs, commented on Item 4.A. the selection of the Measure "J" Oversight Commission, and recommended the City Council expand the size of the Commission.
JOE FOSTER, Palm Springs, commented on the Grey Hound Station that was moved to the Amtrak Station and the lack of facilities at the location, and commented on the lack of street sweeping in the City.
JACK LILLARD, Palm Springs, commented on the property at 400 South Sunny Dunes the location of a medical cannabis facility.
WAYNE GOTTLIEB, Palm Springs, commented on statements he heard with respect to proceeds and bonding for Measure "J" funds, and commented on Item 2.J. the slurry seal of City streets.
COUNCILMEMBER COMMENTS:
Councilmember Hutcheson requested the City Manager address the signage and street lights on North Palm Canyon Drive near the Ramada and Indian Canyon Drive.
Councilmember Lewin stated the City should consider inspecting the other medical cannabis licensees and facilities.
Councilmember Mills requested staff address the agreement with Palm Springs Power and if such agreement contains a requirement pertaining to parking for staff and players, who are parking at the Library, and requested staff start addressing the 75th Anniversary of the City of Palm Springs.
Mayor Pro Tem Foat requested an update on the Welwood Memorial Library.
Mayor Pougnet commented on recent statements by Riverside County Supervisor Stone on the proposed Whitewater Detention Center, requested the Resolution adopted by the Palm Springs City Council be placed on the next City Council agenda for further discussion, commented on the BLM land swap with the Tribe, and requested another letter be sent regarding the current transfer of land and placed on the next City Council agenda for further discussion.
Councilmember Foat requested City Staff testify at the BLM public hearing.
CITY MANAGER’S REPORT:
Councilmember Mills requested consistency with the on-line application and the hard copy application.
2. CONSENT CALENDAR:
Motion to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.F., 2.G., 2.H., 2.I., 2.L., 2.M., 2.N., and 2.O. Moved by Councilmember Hutcheson, seconded by Mayor Pro Tem Foat.
Vote to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.F., 2.G., 2.H., 2.I., 2.L., 2.M., 2.N., and 2.O. (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. TREASURER'S INVESTMENT REPORT AS OF JANUARY 31, 2012:
Staff Report Item 2.D.
2.F. AMENDMENT TO AGREEMENT NO. A5488 WITH ALLEN F. SMOOT & ASSOCIATES FOR CONTINUED OWNER REPRESENTATIVE SERVICES:
Staff Report Item 2.F.
2.G. APPOINTMENTS TO THE VILLAGEFEST BOARD:
Staff Report Item 2.G.
2.H. APPOINTMENTS TO THE PERSONNEL BOARD:
Staff Report Item 2.H.
2.I. RELEASE AND EXAMINATION OF SALES OR TRANSACTIONS AND USE RECORDS BY THE BOARD OF EQUALIZATION TO CITY SALES TAX AUDITORS:
Staff Report Item 2.I.
2.L. DONATION OF A 1990 BECK TELE SQUIRT FIRE ENGINE, EQUIPMENT NO. 1TS43R, TO CHAFFEY COLLEGE FOUNDATION AND FIRE TECHNOLOGY PROGRAM:
Staff Report Item 2.L.
2.M. TIME LIMITED PARKING IN VICINITY OF ACE HOTEL, ON THE SOUTH SIDE OF TWIN PALMS DRIVE AND THE EAST SIDE OF CAMINO REAL:
Staff Report Item 2.M.
2.N. APPOINTMENTS TO THE SUSTAINABILITY COMMISSION:
Staff Report Item 2.N.
2.O. AMENDMENT NO. 1 TO AGREEMENT NO. A5862 WITH KEENAN & ASSOCIATES FOR CONSULTING SERVICES FOR LOSS CONTROL AND REGULATORY SERVICES:
Staff Report Item 2.O.
EXCLUDED CONSENT CALENDAR:
2.E. INITIATE AMENDMENT TO THE CLASS 1 HISTORIC DESIGNATIONS FOR FOUR HISTORIC SITES ASSOCIATED WITH ALBERT FREY, THE FREY HOUSE II (686 PALISADES DR.), THE VALLEY STATION OF THE PALM SPRINGS AERIAL TRAMWAY (WESTERLY TERMINUS OF TRAMWAY), THE LOEWY HOUSE (600 PANORAMA ROAD), AND THE CAREY-PIROZZI HOUSE (651 W. VIA ESCUELA), CLASS 1 HISTORIC SITES (CASE HSPB 33):
Staff Report Item 2.E.
Mayor Pougnet stated he preferred the City Council only deal with the City Hall site at this time.
Motion to Take no action to initiate amendments to the historic designations for the Frey House II (686 Palisades Dr.) the Valley Station of the Palm Springs Aerial Tramway (westerly terminus of Tramway) the Loewy House (600 Panorama Road) and the Carey-Pirozzi House (651 W. Via Escuela.
Noting the business related abstention of Councilmember Mills on the Valley Station decision.
Moved by Mayor Pro Tem Foat, seconded by Councilmember Lewin.
Vote to Take no action to initiate amendments to the historic designations for the Frey House II (686 Palisades Dr.) the Valley Station of the Palm Springs Aerial Tramway (westerly terminus of Tramway) the Loewy House (600 Panorama Road) and the Carey-Pirozzi House (651 W. Via Escuela.
Noting the business related abstention of Councilmember Mills on the Valley Station decision.
(Approved)
2.J. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE 2011-12 ANNUAL SLURRY SEAL (CP 11-05):
Staff Report Item 2.J.
Councilmember Lewin requested staff address bike lanes be repainted during the slurry seal process.
Mayor Pro Tem Foat requested staff address the slurry seal of Palm Canyon at the construction site for the remodel of the Desert Fashion Plaza.
Councilmember Hutcheson thanked staff for briefing the MainStreet Board and work will be deferred until after May 1.
Motion to approve Approve the specifications and working details for the 2011-12 Annual Slurry Seal and authorize staff to advertise and solicit bids (CP 11-05). Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to approve Approve the specifications and working details for the 2011-12 Annual Slurry Seal and authorize staff to advertise and solicit bids (CP 11-05). (Approved) (Recorded at 01:41:14)
2.K. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE 2011-12 ANNUAL ASPHALT OVERLAY (CP 11-06):
Staff Report Item 2.K.
Councilmember Hutcheson requested staff address a discussion of turning Indian Canyon into a two-way street before any street improvements are made.
Mayor Pougnet stated such a discussion on Indian Canyon should be at a City Council study session.
Councilmember Mills noted the previous discussions pertaining to Indian Canyon as a two-way street.
Motion to Approve the plans, specifications, and working details for the 2011-12 Annual Overlay and authorize staff to advertise and solicit bids (CP 11-06).
Noting the property ownership related abstention of Councilmember Mills on the Ramon Road overlay.
Moved by Councilmember Hutcheson, seconded by Mayor Pro Tem Foat.
Vote to Approve the plans, specifications, and working details for the 2011-12 Annual Overlay and authorize staff to advertise and solicit bids (CP 11-06).
Noting the property ownership related abstention of Councilmember Mills on the Ramon Road overlay.
(Approved)
3. LEGISLATIVE:
3.A. CORRECTION TO PALM SPRINGS ZONING CODE SECTION 93.23.15 "MEDICAL CANNABIS COOPERATIVE OR COLLECTIVE SPECIAL STANDARDS" (FORMERLY 93.22.00):
Staff Report Item 3.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the Staff Report dated March 7, 2012.
Councilmember Mills requested staff address the process of selecting a third provider, and stated his preference for a new application process.
Councilmember Lewin stated the City should perform due diligence on any applications, and stated his support for limiting to the current applications.
Mayor Pro Tem Foat stated the ordinance provides the City Council the flexibility to only consider the previous applications or accept further applications.
Councilmember Hutcheson requested staff address whether anyone that has an existing application and received a permit would be included in the current extension and process.
Motion to 1) Waive reading of the full text of the ordinance, introduce by title only and introduce on first reading Ordinance No. 1804, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, CORRECTING BY AMENDMENT SECTION 93.23.15 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO MEDICAL CANNABIS COOPERATIVE AND COLLECTIVE SPECIAL CONDITIONS;" and 2) Waive reading of the full text of the ordinance and adopt by title only Urgency Ordinance No. 1805, "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CORRECTING BY AMENDMENT SECTION 93.23.15 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO "MEDICAL CANNABIS COOPERATIVE AND COLLECTIVE SPECIAL CONDITIONS ZONING CODE SECTION 93.23.15." Moved by Mayor Pro Tem Foat, seconded by Councilmember Hutcheson.
Vote to 1) Waive reading of the full text of the ordinance, introduce by title only and introduce on first reading Ordinance No. 1804, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, CORRECTING BY AMENDMENT SECTION 93.23.15 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO MEDICAL CANNABIS COOPERATIVE AND COLLECTIVE SPECIAL CONDITIONS;" and 2) Waive reading of the full text of the ordinance and adopt by title only Urgency Ordinance No. 1805, "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CORRECTING BY AMENDMENT SECTION 93.23.15 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO "MEDICAL CANNABIS COOPERATIVE AND COLLECTIVE SPECIAL CONDITIONS ZONING CODE SECTION 93.23.15." (Approved)
4. UNFINISHED BUSINESS:
4.A. DETERMINE THE SELECTION PROCESS FOR THE MEASURE "J" OVERSIGHT COMMISSION:
Mayor Pougnet requested the City Council consider interviewing all 45 candidates as selected by the City Council, and commented on transparency.
Councilmember Lewin commented on staggered initial terms, and requested the City Council consider increasing the number of Commissioners.
ACTION:
Direct the City Clerk to provide for the City Council to interview all 45 candidates on the Measure "J" Oversight Commission Short List as selected by the City Council.
By consensus of the City Council.
4.B. DETERMINATION OF CLASS 1 HISTORIC DESIGNATION FOR PALM SPRINGS CITY HALL, AT 3200 EAST TAHQUITZ CANYON WAY, A CLASS 1 HISTORIC SITE (CASE HSPB 33):
Staff Report Item 4.B.
Craig Ewing, Director of Planning Services, provided background information as outlined in the Staff Report dated March 7, 2012.
Mayor Pro Tem Foat requested the City Council consider designating the entire site as indicated on the map as an historic site.
Councilmember Lewin requested the City Council consider ending the designation of the historic site at the rear of the back parking lot, which would exclude the dog park and Co-Gen plant, and stated the City Council should consider exempting landscaping.
Councilmember Mills requested clarification to modify the boundaries on the three remaining sides to the outer curb of the sidewalk, stated his support to designate the building and the front steps, but stated his opposition to including the parking lot in the historic designation.
Councilmember Hutcheson stated his support for the compromise solution as suggested by Councilmember Lewin.
Motion to Adopt Resolution No. 23106, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE CLASS 1 HISTORIC DESIGNATION OF THE PALM SPRINGS CITY HALL," amending the historic site designation to end at the curb of the North end of the rear City Hall parking lot, so not to include the dog park, the Co-Gen facility and landscape area, and the El Cielo Road right-of-way and to exclude all City Hall landscaping from the historic site designation. Moved by Councilmember Lewin, seconded by Mayor Pougnet.
Vote to Adopt Resolution No. 23106, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE CLASS 1 HISTORIC DESIGNATION OF THE PALM SPRINGS CITY HALL," amending the historic site designation to end at the curb of the North end of the rear City Hall parking lot, so not to include the dog park, the Co-Gen facility and landscape area, and the El Cielo Road right-of-way and to exclude all City Hall landscaping from the historic site designation. (Approved)
4.C. PROGRESS REPORT AND UPDATE FROM THE CITY COUNCIL MUSEUM MARKET PLAZA PROJECT AD HOC SUBCOMMITTEE:
Mayor Pougnet and Councilmember Mills provided an update on the renovation and the demolition of the Bank of America, working toward the installation of the public park at the location, stated the timeline is being met in all respects, and commented on the selection of architecture design,
No action taken.
5. NEW BUSINESS:
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
The City Council recessed into Closed Session at 8:24 p.m.
The City Council reconvened to Open Session at 9:09 p.m.
REPORT OF CLOSED SESSION:
City Attorney Holland stated the City Council recessed into Closed Session to continue discussion on the items contained on the posted Closed Session Agenda. The City Council provided direction to the City Attorney on one case of Existing Litigation Pacific Hospitality Group v. Palm Springs Community Redevelopment Agency, Case No. INC 079881, and the City Council authorized Staff to enter into a legal services agreement with Mark Wasser pertaining to Existing Litigation Palm Springs Investment Company L.P. v. City of Palm Springs, Case Nos. INC 070629 and INC 070631. A6203.
ADJOURNMENT:
Mar 07, 2012 City Council Meeting
Full agenda
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CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
Roll Call: 6 members present, 0 members absent, 0 members excused.
PRESENTATIONS:
REPORT OF CLOSED SESSION:
ACCEPTANCE OF THE AGENDA:
Mayor Pougnet requested Item 2.E. be removed from the Consent Calendar for separate discussion.
Mayor Pro Tem Foat requested Item 2.E. be removed from the Consent Calendar for separate discussion, and requested the City Attorney address Conflict of Interest issues with respect to Items 2.J. and 2.K.
Councilmember Mills noted his business related abstention on Item 2.C., Warrant No. 1054445, noted his business related abstention for the Valley Station site on Item 2.E., and noted his property related abstention on the Ramon Road portion for Item 2.K.
Councilmember Lewin requested Items 2.J. and 2.K. be removed from the Consent Calendar for separate discussion.
Councilmember Hutcheson requested Items 2.J. and 2.K. be removed from the Consent Calendar for separate discussion.
Motion to approve Accept the Agenda as amended. Moved by Councilmember Hutcheson, seconded by Councilmember Mills.
Vote to approve Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
1.A. APPEAL THE RESCISSION OF THE MEDICAL CANNABIS COOPERATIVE/COLLECTIVE REGULATORY PERMIT FOR CANNAHELP CORPORATION AT 505 INDUSTRIAL PLACE (CASE MC 09-001):
Staff Report Item 1.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the Staff Report dated March 7, 2012.
Mayor Pougnet opened the public hearing and the following speakers addressed the City Council.
STACY HOCHANADEL, Appellant, stated the revocation was issued in error due to the timing and the failure to communicate, and stated the 90-day time period is unattainable.
MICHAEL RICE, Previous Landlord, requested the City Council reject the appeal and uphold the revocation, and commented on problems with Cannahelp.
No further speakers coming forward, the public hearing was closed.
Mayor Pro Tem Foat commented on the process to develop the medical cannabis ordinance and stated her disappointment with Cannahelp.
Councilmember Hutcheson requested staff address the process going forward if the permit is rescinded.
Councilmember Lewin requested staff address if Cannahelp could reapply for another permit.
Councilmember Mills stated his objection not only to the closed site, but to the proposed site for relocation.
Motion to approve Adopt Resolution No. 23099 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE ACTION OF THE CITY MANAGER REVOKING THE MEDICAL CANNABIS COOPERATIVE / COLLECTIVE REGULATORY PERMIT FOR CANNAHELP CORPORATION, AT 505 INDUSTRIAL PLACE, AND ESTABLISHING THAT RESOLUTION NO. 22666 GRANTING THE ORIGINAL PERMIT TO CANNAHELP CORPORATION IS NO LONGER IN EFFECT." Moved by Mayor Pro Tem Foat, seconded by Councilmember Hutcheson.
Vote to approve Adopt Resolution No. 23099 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE ACTION OF THE CITY MANAGER REVOKING THE MEDICAL CANNABIS COOPERATIVE / COLLECTIVE REGULATORY PERMIT FOR CANNAHELP CORPORATION, AT 505 INDUSTRIAL PLACE, AND ESTABLISHING THAT RESOLUTION NO. 22666 GRANTING THE ORIGINAL PERMIT TO CANNAHELP CORPORATION IS NO LONGER IN EFFECT." (Approved)
1.B. APPEAL THE PLANNING COMMISSION DENIAL TO WAIVE OBLIGATIONS TO PERFORM UTILITY UNDERGROUNDING AND APPROVED CONDITIONS OF APPROVAL FOR CASE 5.0866-B, PDD 267, TRACT 31525; A 70-LOT SUBDIVISION LOCATED ON THE EAST SIDE OF SUNRISE WAY BETWEEN SAN RAFAEL DRIVE AND THE WHITEWATER RIVER:
Staff Report Item 1.B.
David Barakian, City Engineer, provided background information as outlined in the Staff Report dated March 7, 2012.
Mayor Pougnet opened the public hearing and the following speakers addressed the City Council.
CHRIS COURTNEY, Representing Appellant, commented on the proceedings before the Planning Commission, noted the letter to the City Council concerning the points of the appeal including Park Dedication, Safety, Transfer of Ownership, Quimby Fees, and Condition Manipulation, and requested the City Council overturn the Planning Commission decision and release the Subdivision Letter of Credit.
No further speakers coming forward, the public hearing was closed.
Mayor Pro Tem Foat requested staff address if an addendum to the deed to convey the property was filed and the implications.
Councilmember Mills stated the property was originally part of the project, the density was transferred to other sites within the PDD, and the developer probably put the cost in the sales prices of the properties, and stated his support for the Planning Commission decision.
Councilmember Lewin requested staff address the timing of the improvements and questioned how the property could have been sold since it is conditioned to be maintained as open space, and requested staff address the responsibility and if the payment of Quimby Fees would change the responsibility.
Councilmember Hutcheson stated the City's interest is for the under grounding of utilities, the burden was not transferred with the land, and stated his support for the Planning Commission decision.
Motion to approve Adopt Resolution No. 23100, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DENIAL OF A REQUEST TO WAIVE OBLIGATIONS TO PERFORM UTILITY UNDERGROUNDING ASSOCIATED WITH THE FOUR SEASON'S DEVELOPMENT, A 70-LOT SUBDIVISION LOCATED ON THE EAST SIDE OF SUNRISE WAY BETWEEN SAN RAFAEL DRIVE AND THE WHITEWATER RIVER (CASE 5.0866-B, PDD 267, TM 31525)." Moved by Councilmember Mills, seconded by Mayor Pougnet.
Vote to approve Adopt Resolution No. 23100, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DENIAL OF A REQUEST TO WAIVE OBLIGATIONS TO PERFORM UTILITY UNDERGROUNDING ASSOCIATED WITH THE FOUR SEASON'S DEVELOPMENT, A 70-LOT SUBDIVISION LOCATED ON THE EAST SIDE OF SUNRISE WAY BETWEEN SAN RAFAEL DRIVE AND THE WHITEWATER RIVER (CASE 5.0866-B, PDD 267, TM 31525)." (Approved) (Recorded at 01:03:39)
PUBLIC COMMENT:
SCOTT CONNELLY, commented on the military noise at the Palm Springs International Airport.
STEVE ROSENBERG, Palm Springs, commented on Item 4.A. the selection of the Measure "J" Oversight Commission, and recommended the City Council expand the size of the Commission.
JOE FOSTER, Palm Springs, commented on the Grey Hound Station that was moved to the Amtrak Station and the lack of facilities at the location, and commented on the lack of street sweeping in the City.
JACK LILLARD, Palm Springs, commented on the property at 400 South Sunny Dunes the location of a medical cannabis facility.
WAYNE GOTTLIEB, Palm Springs, commented on statements he heard with respect to proceeds and bonding for Measure "J" funds, and commented on Item 2.J. the slurry seal of City streets.
COUNCILMEMBER COMMENTS:
Councilmember Hutcheson requested the City Manager address the signage and street lights on North Palm Canyon Drive near the Ramada and Indian Canyon Drive.
Councilmember Lewin stated the City should consider inspecting the other medical cannabis licensees and facilities.
Councilmember Mills requested staff address the agreement with Palm Springs Power and if such agreement contains a requirement pertaining to parking for staff and players, who are parking at the Library, and requested staff start addressing the 75th Anniversary of the City of Palm Springs.
Mayor Pro Tem Foat requested an update on the Welwood Memorial Library.
Mayor Pougnet commented on recent statements by Riverside County Supervisor Stone on the proposed Whitewater Detention Center, requested the Resolution adopted by the Palm Springs City Council be placed on the next City Council agenda for further discussion, commented on the BLM land swap with the Tribe, and requested another letter be sent regarding the current transfer of land and placed on the next City Council agenda for further discussion.
Councilmember Foat requested City Staff testify at the BLM public hearing.
CITY MANAGER’S REPORT:
Councilmember Mills requested consistency with the on-line application and the hard copy application.
2. CONSENT CALENDAR:
Motion to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.F., 2.G., 2.H., 2.I., 2.L., 2.M., 2.N., and 2.O. Moved by Councilmember Hutcheson, seconded by Mayor Pro Tem Foat.
Vote to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.F., 2.G., 2.H., 2.I., 2.L., 2.M., 2.N., and 2.O. (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. TREASURER'S INVESTMENT REPORT AS OF JANUARY 31, 2012:
Staff Report Item 2.D.
2.F. AMENDMENT TO AGREEMENT NO. A5488 WITH ALLEN F. SMOOT & ASSOCIATES FOR CONTINUED OWNER REPRESENTATIVE SERVICES:
Staff Report Item 2.F.
2.G. APPOINTMENTS TO THE VILLAGEFEST BOARD:
Staff Report Item 2.G.
2.H. APPOINTMENTS TO THE PERSONNEL BOARD:
Staff Report Item 2.H.
2.I. RELEASE AND EXAMINATION OF SALES OR TRANSACTIONS AND USE RECORDS BY THE BOARD OF EQUALIZATION TO CITY SALES TAX AUDITORS:
Staff Report Item 2.I.
2.L. DONATION OF A 1990 BECK TELE SQUIRT FIRE ENGINE, EQUIPMENT NO. 1TS43R, TO CHAFFEY COLLEGE FOUNDATION AND FIRE TECHNOLOGY PROGRAM:
Staff Report Item 2.L.
2.M. TIME LIMITED PARKING IN VICINITY OF ACE HOTEL, ON THE SOUTH SIDE OF TWIN PALMS DRIVE AND THE EAST SIDE OF CAMINO REAL:
Staff Report Item 2.M.
2.N. APPOINTMENTS TO THE SUSTAINABILITY COMMISSION:
Staff Report Item 2.N.
2.O. AMENDMENT NO. 1 TO AGREEMENT NO. A5862 WITH KEENAN & ASSOCIATES FOR CONSULTING SERVICES FOR LOSS CONTROL AND REGULATORY SERVICES:
Staff Report Item 2.O.
EXCLUDED CONSENT CALENDAR:
2.E. INITIATE AMENDMENT TO THE CLASS 1 HISTORIC DESIGNATIONS FOR FOUR HISTORIC SITES ASSOCIATED WITH ALBERT FREY, THE FREY HOUSE II (686 PALISADES DR.), THE VALLEY STATION OF THE PALM SPRINGS AERIAL TRAMWAY (WESTERLY TERMINUS OF TRAMWAY), THE LOEWY HOUSE (600 PANORAMA ROAD), AND THE CAREY-PIROZZI HOUSE (651 W. VIA ESCUELA), CLASS 1 HISTORIC SITES (CASE HSPB 33):
Staff Report Item 2.E.
Mayor Pougnet stated he preferred the City Council only deal with the City Hall site at this time.
Motion to Take no action to initiate amendments to the historic designations for the Frey House II (686 Palisades Dr.) the Valley Station of the Palm Springs Aerial Tramway (westerly terminus of Tramway) the Loewy House (600 Panorama Road) and the Carey-Pirozzi House (651 W. Via Escuela.
Noting the business related abstention of Councilmember Mills on the Valley Station decision.
Moved by Mayor Pro Tem Foat, seconded by Councilmember Lewin.
Vote to Take no action to initiate amendments to the historic designations for the Frey House II (686 Palisades Dr.) the Valley Station of the Palm Springs Aerial Tramway (westerly terminus of Tramway) the Loewy House (600 Panorama Road) and the Carey-Pirozzi House (651 W. Via Escuela.
Noting the business related abstention of Councilmember Mills on the Valley Station decision.
(Approved)
2.J. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE 2011-12 ANNUAL SLURRY SEAL (CP 11-05):
Staff Report Item 2.J.
Councilmember Lewin requested staff address bike lanes be repainted during the slurry seal process.
Mayor Pro Tem Foat requested staff address the slurry seal of Palm Canyon at the construction site for the remodel of the Desert Fashion Plaza.
Councilmember Hutcheson thanked staff for briefing the MainStreet Board and work will be deferred until after May 1.
Motion to approve Approve the specifications and working details for the 2011-12 Annual Slurry Seal and authorize staff to advertise and solicit bids (CP 11-05). Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to approve Approve the specifications and working details for the 2011-12 Annual Slurry Seal and authorize staff to advertise and solicit bids (CP 11-05). (Approved) (Recorded at 01:41:14)
2.K. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE 2011-12 ANNUAL ASPHALT OVERLAY (CP 11-06):
Staff Report Item 2.K.
Councilmember Hutcheson requested staff address a discussion of turning Indian Canyon into a two-way street before any street improvements are made.
Mayor Pougnet stated such a discussion on Indian Canyon should be at a City Council study session.
Councilmember Mills noted the previous discussions pertaining to Indian Canyon as a two-way street.
Motion to Approve the plans, specifications, and working details for the 2011-12 Annual Overlay and authorize staff to advertise and solicit bids (CP 11-06).
Noting the property ownership related abstention of Councilmember Mills on the Ramon Road overlay.
Moved by Councilmember Hutcheson, seconded by Mayor Pro Tem Foat.
Vote to Approve the plans, specifications, and working details for the 2011-12 Annual Overlay and authorize staff to advertise and solicit bids (CP 11-06).
Noting the property ownership related abstention of Councilmember Mills on the Ramon Road overlay.
(Approved)
3. LEGISLATIVE:
3.A. CORRECTION TO PALM SPRINGS ZONING CODE SECTION 93.23.15 "MEDICAL CANNABIS COOPERATIVE OR COLLECTIVE SPECIAL STANDARDS" (FORMERLY 93.22.00):
Staff Report Item 3.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the Staff Report dated March 7, 2012.
Councilmember Mills requested staff address the process of selecting a third provider, and stated his preference for a new application process.
Councilmember Lewin stated the City should perform due diligence on any applications, and stated his support for limiting to the current applications.
Mayor Pro Tem Foat stated the ordinance provides the City Council the flexibility to only consider the previous applications or accept further applications.
Councilmember Hutcheson requested staff address whether anyone that has an existing application and received a permit would be included in the current extension and process.
Motion to 1) Waive reading of the full text of the ordinance, introduce by title only and introduce on first reading Ordinance No. 1804, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, CORRECTING BY AMENDMENT SECTION 93.23.15 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO MEDICAL CANNABIS COOPERATIVE AND COLLECTIVE SPECIAL CONDITIONS;" and 2) Waive reading of the full text of the ordinance and adopt by title only Urgency Ordinance No. 1805, "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CORRECTING BY AMENDMENT SECTION 93.23.15 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO "MEDICAL CANNABIS COOPERATIVE AND COLLECTIVE SPECIAL CONDITIONS ZONING CODE SECTION 93.23.15." Moved by Mayor Pro Tem Foat, seconded by Councilmember Hutcheson.
Vote to 1) Waive reading of the full text of the ordinance, introduce by title only and introduce on first reading Ordinance No. 1804, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, CORRECTING BY AMENDMENT SECTION 93.23.15 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO MEDICAL CANNABIS COOPERATIVE AND COLLECTIVE SPECIAL CONDITIONS;" and 2) Waive reading of the full text of the ordinance and adopt by title only Urgency Ordinance No. 1805, "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CORRECTING BY AMENDMENT SECTION 93.23.15 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO "MEDICAL CANNABIS COOPERATIVE AND COLLECTIVE SPECIAL CONDITIONS ZONING CODE SECTION 93.23.15." (Approved)
4. UNFINISHED BUSINESS:
4.A. DETERMINE THE SELECTION PROCESS FOR THE MEASURE "J" OVERSIGHT COMMISSION:
Mayor Pougnet requested the City Council consider interviewing all 45 candidates as selected by the City Council, and commented on transparency.
Councilmember Lewin commented on staggered initial terms, and requested the City Council consider increasing the number of Commissioners.
ACTION:
Direct the City Clerk to provide for the City Council to interview all 45 candidates on the Measure "J" Oversight Commission Short List as selected by the City Council.
By consensus of the City Council.
4.B. DETERMINATION OF CLASS 1 HISTORIC DESIGNATION FOR PALM SPRINGS CITY HALL, AT 3200 EAST TAHQUITZ CANYON WAY, A CLASS 1 HISTORIC SITE (CASE HSPB 33):
Staff Report Item 4.B.
Craig Ewing, Director of Planning Services, provided background information as outlined in the Staff Report dated March 7, 2012.
Mayor Pro Tem Foat requested the City Council consider designating the entire site as indicated on the map as an historic site.
Councilmember Lewin requested the City Council consider ending the designation of the historic site at the rear of the back parking lot, which would exclude the dog park and Co-Gen plant, and stated the City Council should consider exempting landscaping.
Councilmember Mills requested clarification to modify the boundaries on the three remaining sides to the outer curb of the sidewalk, stated his support to designate the building and the front steps, but stated his opposition to including the parking lot in the historic designation.
Councilmember Hutcheson stated his support for the compromise solution as suggested by Councilmember Lewin.
Motion to Adopt Resolution No. 23106, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE CLASS 1 HISTORIC DESIGNATION OF THE PALM SPRINGS CITY HALL," amending the historic site designation to end at the curb of the North end of the rear City Hall parking lot, so not to include the dog park, the Co-Gen facility and landscape area, and the El Cielo Road right-of-way and to exclude all City Hall landscaping from the historic site designation. Moved by Councilmember Lewin, seconded by Mayor Pougnet.
Vote to Adopt Resolution No. 23106, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE CLASS 1 HISTORIC DESIGNATION OF THE PALM SPRINGS CITY HALL," amending the historic site designation to end at the curb of the North end of the rear City Hall parking lot, so not to include the dog park, the Co-Gen facility and landscape area, and the El Cielo Road right-of-way and to exclude all City Hall landscaping from the historic site designation. (Approved)
4.C. PROGRESS REPORT AND UPDATE FROM THE CITY COUNCIL MUSEUM MARKET PLAZA PROJECT AD HOC SUBCOMMITTEE:
Mayor Pougnet and Councilmember Mills provided an update on the renovation and the demolition of the Bank of America, working toward the installation of the public park at the location, stated the timeline is being met in all respects, and commented on the selection of architecture design,
No action taken.
5. NEW BUSINESS:
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
The City Council recessed into Closed Session at 8:24 p.m.
The City Council reconvened to Open Session at 9:09 p.m.
REPORT OF CLOSED SESSION:
City Attorney Holland stated the City Council recessed into Closed Session to continue discussion on the items contained on the posted Closed Session Agenda. The City Council provided direction to the City Attorney on one case of Existing Litigation Pacific Hospitality Group v. Palm Springs Community Redevelopment Agency, Case No. INC 079881, and the City Council authorized Staff to enter into a legal services agreement with Mark Wasser pertaining to Existing Litigation Palm Springs Investment Company L.P. v. City of Palm Springs, Case Nos. INC 070629 and INC 070631. A6203.
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