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 noted his abstention on Item 2.B. minutes of January 29, 2014.
Councilmember Mills requested Item 2.E. be removed from the Consent Calendar for separate vote.
Motion to approved Accept the Agenda as amended. Moved by Mayor Pro Tem Hutcheson, seconded by Councilmember Mills.
Vote to approved Accept the Agenda as amended.
1. PUBLIC HEARINGS:
1.A. PROPOSED ORDINANCE AMENDING SECTION 1.01.110, PARAGRAPH A.20 OF SECTION 92.15.O1, PARAGRAPH A.6 OF SECTION 92.10.01, PARAGRAPH A.5 OF SECTION 92.17.1.01, AND SECTION 93.23.15 OF, AND ADDING CHAPTER 5.35 TO, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO REGULATIONS FOR MEDICAL CANNABIS COOPERATIVES AND COLLECTIVES IN THE CITY:
Item 1.A. Staff Report
Item 1.A. Ordinance
City Attorney Holland provided background information as outlined in the staff report dated February 19, 2014.
Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.
NIKOHL VANDEL, Palm Springs, commented on the regulatory components of the proposed ordinance.
TODD SNIDER, requested the City Council consider issuing three to five additional permits on a trial basis for a short term.
JOY BROWN MEREDITH, thanked the City Council for considering adding a collective and the proposed regulatory modifications.
No further speakers coming forward, the public hearing was closed.
Councilmember Foat requested the City Attorney address the payment due date of the tax, requested the City Council add a sign requirement for legal collectives, requested the City Attorney address the definition of "owner," the maximum number of cooperatives allowed in the City, the proximity of the new collective in relation to the existing collective, the prohibition of physician services on the premises, the prohibition of the applicant's use of a controlled substance, posting a sign for surveillance equipment, and the prohibition of delivery services.
Councilmember Lewin requested the City Attorney address allowing hours on Sunday, and an applicant prohibition of use of a controlled substance.
Mayor Pro Tem Hutcheson requested the City Attorney address the collection of tax on non-permitted collectives.
Councilmember Mills stated he is in support of the regulations, but is not supportive of the fourth permit.
Motion to approved Introduce on first reading Ordinance No. 1845, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 1.01.110, PARAGRAPH A.20 OF SECTION 92.15.O1, PARAGRAPH A.6 OF SECTION 92.10.01, PARAGRAPH A.5 OF SECTION 92.17.1.01, AND SECTION 93.23.15 OF, AND ADDING CHAPTER 5.35 TO, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO REGULATIONS FOR MEDICAL CANNABIS COOPERATIVES AND COLLECTIVES IN THE CITY,"
amending the Ordinance as follows: (a) Section 5.35.210(D) to clarify physician prescriptions for cannabis shall not be performed on the premises, (b) Section 5.35.120 to read "No more than four (4) permitted Medical Cannabis Cooperatives . . .," (c) paragraphs 7 and 8 of Section 5.35.240(I) changing "controlled" to "illegal," and (d) Section 5.35.310 to provide signage that a video surveillance system is installed.
Moved by Councilmember Foat, seconded by Mayor Pro Tem Hutcheson.
Vote to approved Introduce on first reading Ordinance No. 1845, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 1.01.110, PARAGRAPH A.20 OF SECTION 92.15.O1, PARAGRAPH A.6 OF SECTION 92.10.01, PARAGRAPH A.5 OF SECTION 92.17.1.01, AND SECTION 93.23.15 OF, AND ADDING CHAPTER 5.35 TO, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO REGULATIONS FOR MEDICAL CANNABIS COOPERATIVES AND COLLECTIVES IN THE CITY,"
amending the Ordinance as follows: (a) Section 5.35.210(D) to clarify physician prescriptions for cannabis shall not be performed on the premises, (b) Section 5.35.120 to read "No more than four (4) permitted Medical Cannabis Cooperatives . . .," (c) paragraphs 7 and 8 of Section 5.35.240(I) changing "controlled" to "illegal," and (d) Section 5.35.310 to provide signage that a video surveillance system is installed.
(Approved)
Mayor Pougnet stated he had a business relationship conflict of interest with respect to Item 1.B., would not participate in the discussion or the vote, and left Council Chamber. Mayor Pro Tem Hutcheson conducted this portion of the hearing.
1.B. WESSMAN HOLDINGS, LLC, FOR THE ESTABLISHMENT OF A PLANNED DEVELOPMENT DISTRICT IN-LIEU OF ZONE CHANGE, INCLUDING PRELIMINARY AND FINAL DEVELOPMENT PLANS, FOR A 39-LOT DETACHED SINGLE-FAMILY RESIDENTIAL PROJECT CONSISTING OF TWO-STORY DETACHED HOMES WITH GARAGES AND PRIVATE YARD AND POOL AREAS AT 1501 S. BELARDO ROAD, ZONE R-3 (CASE 5.1310 PDD 365 AND TTM 36548):
Item 1B Staff Report Part 1
Item 1B Staff Report Part 2
Item 1B Staff Report Part 3
Item 1B Staff Report Part 4
Item 1B Oversized Docs Part 1
Item 1B Oversized Docs Part 2
Item 1B Oversized Docs Part 3
Item 1B Oversized Docs Part 4
Margo Wheeler, Director of Planning Services, provided background information as outlined in the staff report dated February 19, 2014.
Mayor Pro Tem Hutcheson opened the public hearing, and the following speakers addressed the City Council.
MICHAEL BRAUN, Applicant, noted the amenities of the project, and the development of the project.
MARINA ROSSI, requested the City Council deny the project, and stated the development does not take into account the effect on surrounding neighbors and businesses, and the project is not consistent with the General Plan.
JUDY DEERTRACK, Palm Springs, stated the project is not consistent with the General Plan and the Housing Element, and commented on the environmental baseline used for the environmental studies and requested review.
EMILY HEMPHILL, commented on the policy and purpose of the PDD, commented on the certified EIR and the preparation of an addendum, the significant reduction in water usage due to the reduction in density, commented on the concept of "spot zoning," and the benefit of open space.
DON BARRETT, commented on the shortage of water and the use of individual pools in the development.
EMILY HEMPHILL, Applicant Rebuttal, commented on private swimming pools and water conservation.
No further speakers coming forward, the public hearing was closed.
Councilmember Lewin commented on the design and the consistency of the surrounding neighborhood, requested Staff address the landscaping on Belardo, and commented on the public parking in the development for the number of units.
Councilmember Mills commented on the lower density proposed for the project, requested the project engineer address the grading plan, and the materials used for the walls, noted his concerns with sun control on lots 1 through 10, and the quality and integration of the mailboxes.
Councilmember Foat commented on the reduction in density and stated her support for the project.
Mayor Pro Tem Hutcheson commented on the proposal in relation to the General Plan and stated his support of the project, the benefits to the community, and the dedication of a portion of the lot for open space.
Motion to approved 1) Adopt Resolution No. 23507, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING CASE 5.1310 PDD 365; A PLANNED DEVELOPMENT DISTRICT IN LIEU OF A CHANGE OF ZONE TO ESTABLISH DEVELOPMENT STANDARDS, DENSITY AND TYPE OF RESIDENTIAL UNITS; PRELIMINARY AND FINAL DEVELOPMENT PLANS FOR THE CONSTRUCTION OF (39) DETACHED SINGLE FAMILY RESIDENCES AND ONE GUEST UNIT; AND APPROVING CASE TTM 36548 FOR THE SUBDIVISION OF ROUGHLY 6.37-ACRES INTO (39) RESIDENTIAL LOTS, COMMON AREA AND PRIVATE STREETS; FOR THE PROPERTY AT 1501 SOUTH BELARDO ROAD (WEST SIDE OF SOUTH BELARDO ROAD, APPROXIMATELY 500 FEET SOUTH OF THE MORONGO ROAD INTERSECTION),"
amending the Conditions of Approval as follows: (a) require street elevations for lots 1-10 return tostaff for sun control measures, (b) mailboxes to be incorporated into the design subject to the approval of staff, (c) require a restudy of the retaining wall portion (not the street) against the slope at the south end of the project near units 37, 38, 39 and 39A, (d) change the color of the retaining wall and the fence on the retaining wall from charcoal to a color that blends with the hill side as approved by staff, (e) and include the public benefit into the resolution;
and 2) Waive the reading of the ordinance text in its entirety and read by title only and introduce on first reading Ordinance No. 1846, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PLANNED DEVELOPMENT DISTRICT PDD 365 IN LIEU OF A CHANGE OF ZONE FOR A ROUGHLY 6.37 ACRE PARCEL ON THE WEST SIDE OF SOUTH BELARDO ROAD, APPROXIMATELY 500 FEET SOUTH OF THE MORONGO ROAD INTERSECTION." Moved by Councilmember Mills, seconded by Councilmember Lewin.
Vote to approved 1) Adopt Resolution No. 23507, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING CASE 5.1310 PDD 365; A PLANNED DEVELOPMENT DISTRICT IN LIEU OF A CHANGE OF ZONE TO ESTABLISH DEVELOPMENT STANDARDS, DENSITY AND TYPE OF RESIDENTIAL UNITS; PRELIMINARY AND FINAL DEVELOPMENT PLANS FOR THE CONSTRUCTION OF (39) DETACHED SINGLE FAMILY RESIDENCES AND ONE GUEST UNIT; AND APPROVING CASE TTM 36548 FOR THE SUBDIVISION OF ROUGHLY 6.37-ACRES INTO (39) RESIDENTIAL LOTS, COMMON AREA AND PRIVATE STREETS; FOR THE PROPERTY AT 1501 SOUTH BELARDO ROAD (WEST SIDE OF SOUTH BELARDO ROAD, APPROXIMATELY 500 FEET SOUTH OF THE MORONGO ROAD INTERSECTION),"
amending the Conditions of Approval as follows: (a) require street elevations for lots 1-10 return tostaff for sun control measures, (b) mailboxes to be incorporated into the design subject to the approval of staff, (c) require a restudy of the retaining wall portion (not the street) against the slope at the south end of the project near units 37, 38, 39 and 39A, (d) change the color of the retaining wall and the fence on the retaining wall from charcoal to a color that blends with the hill side as approved by staff, (e) and include the public benefit into the resolution;
and 2) Waive the reading of the ordinance text in its entirety and read by title only and introduce on first reading Ordinance No. 1846, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PLANNED DEVELOPMENT DISTRICT PDD 365 IN LIEU OF A CHANGE OF ZONE FOR A ROUGHLY 6.37 ACRE PARCEL ON THE WEST SIDE OF SOUTH BELARDO ROAD, APPROXIMATELY 500 FEET SOUTH OF THE MORONGO ROAD INTERSECTION." (Approved)
Mayor Pougnet returned to the dais.
PUBLIC COMMENT:
EUGENE PRIETO, Palm Springs, requested the City Council consider naming 16 streets in the City in honor of 16 who served in armed conflict on the American Legion Wall of Honor.
MARILYN ARCOLI-ARCAROLI, commented on the activities at the Palm Springs Animal Shelter.
TRAVIS ARMSTRONG, commented on Item 2.J., and thanked the City Council for studying water conservation.
MICHAEL VEGA, commented on Item 3.A. regarding the proposed ordinance regarding sitting or lying, and requested the City Council consider amending the boundaries.
GREG PURDY, Palm Springs, commented on the excellent service provided by the Palm Springs Police Department, and commented on Item 3.A. regarding the proposed ordinance regarding sitting or lying.
DENISE DETRANO, requested the City Council not adopt the ordinance as proposed and requested further study.
MARK SALVAS, Palm Springs, commented on Item 3.A., and opposed the proposed ordinance.
DANIEL DOIRON, Palm Springs, commented on Item 3.A. and requested the City Council expand the boundaries.
CAROL NELSON, Palm Springs, commented on neighborhood blade signs, the use of chemicals on City properties, and in the water supply.
NIKOHL VANDEL, Palm Springs, stated we treat our animals better than we treat our homeless.
DEBBY ALEXANDER, commented on Item 3.A., and requested the City Council approve the proposed ordinance.
DOUGLAS NELSON, commented on Item 3.A., and requested the City Council support the proposed ordinance.
MINDY REED, commented on Item 3.A., and requested the City Council support the proposed ordinance.
JOY BROWN MEREDITH, commented on Item 3.A. and the problem with aggressive panhandling in the Downtown and Uptown areas.
PAUL MEDIANO, commented on Item 3.A., requested the City Council support the proposed ordinance, and stated the need for additional police officers in the Downtown area.
MICHAEL McWHERTHER, commented on Item 3.A. and stated his support for the proposed ordinance.
STEVE ROSENBERG, commented on Item 3.A. and requested the City Council address the boundaries.
COUNCILMEMBER COMMENTS:
CITY MANAGER'S REPORT:
City Manager Ready provided an update on water conservation measures in the City of Palm Springs.
2. CONSENT CALENDAR:
Motion to approved Approve Items 2.A., 2.B., 2.C., 2.D., 2.F., 2.G., 2.H., 2.I., 2.J., 2.K., 2.L., 2.M., and 2.N. Moved by Councilmember Mills, seconded by Mayor Pro Tem Hutcheson.
Vote to approved Approve Items 2.A., 2.B., 2.C., 2.D., 2.F., 2.G., 2.H., 2.I., 2.J., 2.K., 2.L., 2.M., and 2.N.
2.A. REPORT ON THE POSTING OF THE AGENDA:
Item 2A Staff Report
2.B. APPROVAL OF MINUTES:
Item 2B Staff Report
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
Item 2C Staff Report
2.D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF JANUARY 2014:
Item 2D Staff Report
2.F. AWARD OF CONTRACT FOR DEMUTH PARK EAST PARKING LOT REPAIRS PROJECT (14-01):
Item 2F Staff Report
2.G. AWARD A FIVE-YEAR AGREEMENT FOR PARKING ENFORCEMENT SERVICES TO ACE PARKING MANAGEMENT, INC.:
Item 2G Staff Report Part 1
Item 2G Staff Report Part 2
2.H. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF DESERT HOT SPRINGS TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE TERM ENDING JANUARY 31, 2015:
Item 2H Staff Report
2.I. APPROVE AN AGREEMENT WITH BSN SPORTS FOR THE PURCHASE OF T-SHIRTS, SWEATSHIRTS, JACKETS, CAPS, AND JERSEYS:
Item 2I Staff Report
2.J. APPOINT TWO MEMBERS OF THE CITY COUNCIL TO THE AD HOC CITY COUNCIL WATER CONSERVATION SUBCOMMITTEE:
Item 2J No Staff Report
2.K. AMENDMENT NO. 1 TO AGREEMENT NO. A4502 WITH THOMAS A. AND EILEEN C. ADAMO, GRANTING THE NON-EXCLUSIVE USE OF TWELVE (12) PARKING SPACES IN THE DOWNTOWN PARKING STRUCTURE ON SOUTH INDIAN CANYON DRIVE ON BEHALF OF FISHERMAN'S GRILL AND BAR AT 243 SOUTH INDIAN CANYON DRIVE:
Item 2K Staff Report
2.L. APPROVAL OF A LEASE AGREEMENT, IN FURTHERANCE OF CONVEYANCE, WITH PRAETOR INVESTMENTS, LLC FOR THE DEVELOPMENT OF A 200-ROOM DOLCE HOTEL AT THE NORTHEAST CORNER OF CALLE ALVARADO AND AMADO ROAD:
Item 2L Staff Report
2.M. AMENDMENT NO. 1 TO AGREEMENT NO. A6205 WITH MUNISERVICES LLC FOR BUSINESS LICENSE DISCOVERY AND ASSESSMENT SERVICES:
Item 2M Staff Report
2.N. APPROVAL OF PROPOSED SURPLUS SCHOOL PROPERTY PURCHASE PLAN:
Item 2N Staff Report
EXCLUDED CONSENT CALENDAR:
2.E. SECOND READING AND ADOPTION OF ORDINANCE NO. 1844 AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 8.05.125, TO CHANGE FROM PRE-1945 TO PRE-1969, THE AGE OF BUILDINGS ELIGIBLE FOR UP TO A SIX MONTH STAY OF DEMOLITION:
Item 2E Staff Report
Councilmember Mills stated he is in support of the ordinance, except the ordinances does not exempt projects that already have approval.
Motion to approved Waive the reading of the full text of the ordinance and adopt Ordinance No. 1844, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 8.05.125 OF, AND ADDING SUBSECTION (c) TO SECTION 8.05.020 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO CLASS 3 HISTORIC STRUCTURES/SITES." Moved by Councilmember Foat, seconded by Mayor Pro Tem Hutcheson.
Vote to approved Waive the reading of the full text of the ordinance and adopt Ordinance No. 1844, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 8.05.125 OF, AND ADDING SUBSECTION (c) TO SECTION 8.05.020 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO CLASS 3 HISTORIC STRUCTURES/SITES." (Approved)
3. LEGISLATIVE:
3.A. PROPOSED ORDINANCE AMENDING THE PALM SPRINGS MUNICIPAL CODE PERTAINING TO SITTING OR LYING ON SIDEWALKS IN DOWNTOWN PALM SPRINGS:
Item 3A Staff Report
Police Chief Franz provided background information as outlined in the staff report dated February 19, 2014.
Mayor Pro Tem Hutcheson requested City staff address other ordinances in the immediate area.
Councilmember Foat requested the City Council consider the expansion of the ordinance to include upto San Rafael, and requested staff conduct further studies to determine if the ordinance boundaries can be expanded.
Councilmember Lewin thanked the Police Department for their work with the ordinance and the business community for their support, and stated his support for the ordinance.
Councilmember Mills thanked the Police Department and the merchants, and stated this is one additional tool for the Police Department.
Mayor Pro Tem Hutcheson stated his support for the ordinance, and his support for studying the potential expansion of the boundaries.
Mayor Pougnet stated his support for the proposed ordinance and requested staff address the expansion of the boundaries including studies on the south end of Palm Springs as well, and commented on the programs the City has supported.
Motion to approved Waive the reading of the ordinance text in its entirety and read by title only and introduce on first reading Ordinance No. 1847, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 12.12.050 OF, AND ADDING SECTION 12.12.055 TO, THE PALM SPRINGS MUNICIPAL CODE PERTAINING TO SITTING OR LYING ON SIDEWALKS IN DOWNTOWN PALM SPRINGS.” Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to approved Waive the reading of the ordinance text in its entirety and read by title only and introduce on first r
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
5.A. DISCUSSION OF A MULTI-YEAR STRATEGIC ACTION PLAN FOR CITY CAPITAL IMPROVEMENTS AND QUALITY OF LIFE ENHANCEMENTS RELATED TO MEASURE J FUNDING AND OTHER POTENTIAL FUNDING OPTIONS:
Item 5A Staff Report
City Manager Ready provided background information as outlined in the staff report dated February 19, 2014.
Mayor Pougnet requested the City Council address an overall policy issue for Measure J for pay-as-you-go compared with issuing debt for projects, City Council direction to rank some of the prior project, and for the City Council to define the process moving forward.
Mayor Pro Tem Hutcheson commented on the process between the City Council Subcommittee and the Measure J Subcommittee, and the need to address a long term plan, along with the delay and the amount of staff time needed to get the approved projects rolling, and noted some of the policy goals.
Councilmember Lewin questioned the differences in interest rates, the ability for the City to bond projects, stated he would not support Measure J funds for street repairs and supports Measure A funds for street repairs, and noted the need for the City Council to develop and support priorities.
Councilmember Foat requested staff address the mechanics of Measure A bonds, commented on the need for the City Council and the Measure J Commission to develop priorities, and stated she is unable to support the library renovation without further information on the relevance of the library in the future.
Councilmember Mills requested City staff address the length of bonding for the library and the Measure A bonding requirements, commented on the residents' concerns with the conditions of the roads, commented on the history of the City in the 1970's with Prop. R, and the need for the City to see immediate results.
Mayor Pro Tem Hutcheson requested the City Manager return with plan for a multi-year strategic plan to unfold, and requested various City Council sessions on the library, parks, bike lanes and roads.
No action taken.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Mills requested City Staff address the HOA's replacing the grass with other non-approved landscaping on Sunrise between Mesquite and East Palm Canyon.
Mayor Pro Tem Hutcheson noted the passing of VillageFest Board Member John Fleming.
ADJOURNMENT:
Feb 19, 2014 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 noted his abstention on Item 2.B. minutes of January 29, 2014.
Councilmember Mills requested Item 2.E. be removed from the Consent Calendar for separate vote.
Motion to approved Accept the Agenda as amended. Moved by Mayor Pro Tem Hutcheson, seconded by Councilmember Mills.
Vote to approved Accept the Agenda as amended.
1. PUBLIC HEARINGS:
1.A. PROPOSED ORDINANCE AMENDING SECTION 1.01.110, PARAGRAPH A.20 OF SECTION 92.15.O1, PARAGRAPH A.6 OF SECTION 92.10.01, PARAGRAPH A.5 OF SECTION 92.17.1.01, AND SECTION 93.23.15 OF, AND ADDING CHAPTER 5.35 TO, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO REGULATIONS FOR MEDICAL CANNABIS COOPERATIVES AND COLLECTIVES IN THE CITY:
Item 1.A. Staff Report
Item 1.A. Ordinance
City Attorney Holland provided background information as outlined in the staff report dated February 19, 2014.
Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.
NIKOHL VANDEL, Palm Springs, commented on the regulatory components of the proposed ordinance.
TODD SNIDER, requested the City Council consider issuing three to five additional permits on a trial basis for a short term.
JOY BROWN MEREDITH, thanked the City Council for considering adding a collective and the proposed regulatory modifications.
No further speakers coming forward, the public hearing was closed.
Councilmember Foat requested the City Attorney address the payment due date of the tax, requested the City Council add a sign requirement for legal collectives, requested the City Attorney address the definition of "owner," the maximum number of cooperatives allowed in the City, the proximity of the new collective in relation to the existing collective, the prohibition of physician services on the premises, the prohibition of the applicant's use of a controlled substance, posting a sign for surveillance equipment, and the prohibition of delivery services.
Councilmember Lewin requested the City Attorney address allowing hours on Sunday, and an applicant prohibition of use of a controlled substance.
Mayor Pro Tem Hutcheson requested the City Attorney address the collection of tax on non-permitted collectives.
Councilmember Mills stated he is in support of the regulations, but is not supportive of the fourth permit.
Motion to approved Introduce on first reading Ordinance No. 1845, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 1.01.110, PARAGRAPH A.20 OF SECTION 92.15.O1, PARAGRAPH A.6 OF SECTION 92.10.01, PARAGRAPH A.5 OF SECTION 92.17.1.01, AND SECTION 93.23.15 OF, AND ADDING CHAPTER 5.35 TO, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO REGULATIONS FOR MEDICAL CANNABIS COOPERATIVES AND COLLECTIVES IN THE CITY,"
amending the Ordinance as follows: (a) Section 5.35.210(D) to clarify physician prescriptions for cannabis shall not be performed on the premises, (b) Section 5.35.120 to read "No more than four (4) permitted Medical Cannabis Cooperatives . . .," (c) paragraphs 7 and 8 of Section 5.35.240(I) changing "controlled" to "illegal," and (d) Section 5.35.310 to provide signage that a video surveillance system is installed.
Moved by Councilmember Foat, seconded by Mayor Pro Tem Hutcheson.
Vote to approved Introduce on first reading Ordinance No. 1845, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 1.01.110, PARAGRAPH A.20 OF SECTION 92.15.O1, PARAGRAPH A.6 OF SECTION 92.10.01, PARAGRAPH A.5 OF SECTION 92.17.1.01, AND SECTION 93.23.15 OF, AND ADDING CHAPTER 5.35 TO, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO REGULATIONS FOR MEDICAL CANNABIS COOPERATIVES AND COLLECTIVES IN THE CITY,"
amending the Ordinance as follows: (a) Section 5.35.210(D) to clarify physician prescriptions for cannabis shall not be performed on the premises, (b) Section 5.35.120 to read "No more than four (4) permitted Medical Cannabis Cooperatives . . .," (c) paragraphs 7 and 8 of Section 5.35.240(I) changing "controlled" to "illegal," and (d) Section 5.35.310 to provide signage that a video surveillance system is installed.
(Approved)
Mayor Pougnet stated he had a business relationship conflict of interest with respect to Item 1.B., would not participate in the discussion or the vote, and left Council Chamber. Mayor Pro Tem Hutcheson conducted this portion of the hearing.
1.B. WESSMAN HOLDINGS, LLC, FOR THE ESTABLISHMENT OF A PLANNED DEVELOPMENT DISTRICT IN-LIEU OF ZONE CHANGE, INCLUDING PRELIMINARY AND FINAL DEVELOPMENT PLANS, FOR A 39-LOT DETACHED SINGLE-FAMILY RESIDENTIAL PROJECT CONSISTING OF TWO-STORY DETACHED HOMES WITH GARAGES AND PRIVATE YARD AND POOL AREAS AT 1501 S. BELARDO ROAD, ZONE R-3 (CASE 5.1310 PDD 365 AND TTM 36548):
Item 1B Staff Report Part 1
Item 1B Staff Report Part 2
Item 1B Staff Report Part 3
Item 1B Staff Report Part 4
Item 1B Oversized Docs Part 1
Item 1B Oversized Docs Part 2
Item 1B Oversized Docs Part 3
Item 1B Oversized Docs Part 4
Margo Wheeler, Director of Planning Services, provided background information as outlined in the staff report dated February 19, 2014.
Mayor Pro Tem Hutcheson opened the public hearing, and the following speakers addressed the City Council.
MICHAEL BRAUN, Applicant, noted the amenities of the project, and the development of the project.
MARINA ROSSI, requested the City Council deny the project, and stated the development does not take into account the effect on surrounding neighbors and businesses, and the project is not consistent with the General Plan.
JUDY DEERTRACK, Palm Springs, stated the project is not consistent with the General Plan and the Housing Element, and commented on the environmental baseline used for the environmental studies and requested review.
EMILY HEMPHILL, commented on the policy and purpose of the PDD, commented on the certified EIR and the preparation of an addendum, the significant reduction in water usage due to the reduction in density, commented on the concept of "spot zoning," and the benefit of open space.
DON BARRETT, commented on the shortage of water and the use of individual pools in the development.
EMILY HEMPHILL, Applicant Rebuttal, commented on private swimming pools and water conservation.
No further speakers coming forward, the public hearing was closed.
Councilmember Lewin commented on the design and the consistency of the surrounding neighborhood, requested Staff address the landscaping on Belardo, and commented on the public parking in the development for the number of units.
Councilmember Mills commented on the lower density proposed for the project, requested the project engineer address the grading plan, and the materials used for the walls, noted his concerns with sun control on lots 1 through 10, and the quality and integration of the mailboxes.
Councilmember Foat commented on the reduction in density and stated her support for the project.
Mayor Pro Tem Hutcheson commented on the proposal in relation to the General Plan and stated his support of the project, the benefits to the community, and the dedication of a portion of the lot for open space.
Motion to approved 1) Adopt Resolution No. 23507, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING CASE 5.1310 PDD 365; A PLANNED DEVELOPMENT DISTRICT IN LIEU OF A CHANGE OF ZONE TO ESTABLISH DEVELOPMENT STANDARDS, DENSITY AND TYPE OF RESIDENTIAL UNITS; PRELIMINARY AND FINAL DEVELOPMENT PLANS FOR THE CONSTRUCTION OF (39) DETACHED SINGLE FAMILY RESIDENCES AND ONE GUEST UNIT; AND APPROVING CASE TTM 36548 FOR THE SUBDIVISION OF ROUGHLY 6.37-ACRES INTO (39) RESIDENTIAL LOTS, COMMON AREA AND PRIVATE STREETS; FOR THE PROPERTY AT 1501 SOUTH BELARDO ROAD (WEST SIDE OF SOUTH BELARDO ROAD, APPROXIMATELY 500 FEET SOUTH OF THE MORONGO ROAD INTERSECTION),"
amending the Conditions of Approval as follows: (a) require street elevations for lots 1-10 return tostaff for sun control measures, (b) mailboxes to be incorporated into the design subject to the approval of staff, (c) require a restudy of the retaining wall portion (not the street) against the slope at the south end of the project near units 37, 38, 39 and 39A, (d) change the color of the retaining wall and the fence on the retaining wall from charcoal to a color that blends with the hill side as approved by staff, (e) and include the public benefit into the resolution;
and 2) Waive the reading of the ordinance text in its entirety and read by title only and introduce on first reading Ordinance No. 1846, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PLANNED DEVELOPMENT DISTRICT PDD 365 IN LIEU OF A CHANGE OF ZONE FOR A ROUGHLY 6.37 ACRE PARCEL ON THE WEST SIDE OF SOUTH BELARDO ROAD, APPROXIMATELY 500 FEET SOUTH OF THE MORONGO ROAD INTERSECTION." Moved by Councilmember Mills, seconded by Councilmember Lewin.
Vote to approved 1) Adopt Resolution No. 23507, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING CASE 5.1310 PDD 365; A PLANNED DEVELOPMENT DISTRICT IN LIEU OF A CHANGE OF ZONE TO ESTABLISH DEVELOPMENT STANDARDS, DENSITY AND TYPE OF RESIDENTIAL UNITS; PRELIMINARY AND FINAL DEVELOPMENT PLANS FOR THE CONSTRUCTION OF (39) DETACHED SINGLE FAMILY RESIDENCES AND ONE GUEST UNIT; AND APPROVING CASE TTM 36548 FOR THE SUBDIVISION OF ROUGHLY 6.37-ACRES INTO (39) RESIDENTIAL LOTS, COMMON AREA AND PRIVATE STREETS; FOR THE PROPERTY AT 1501 SOUTH BELARDO ROAD (WEST SIDE OF SOUTH BELARDO ROAD, APPROXIMATELY 500 FEET SOUTH OF THE MORONGO ROAD INTERSECTION),"
amending the Conditions of Approval as follows: (a) require street elevations for lots 1-10 return tostaff for sun control measures, (b) mailboxes to be incorporated into the design subject to the approval of staff, (c) require a restudy of the retaining wall portion (not the street) against the slope at the south end of the project near units 37, 38, 39 and 39A, (d) change the color of the retaining wall and the fence on the retaining wall from charcoal to a color that blends with the hill side as approved by staff, (e) and include the public benefit into the resolution;
and 2) Waive the reading of the ordinance text in its entirety and read by title only and introduce on first reading Ordinance No. 1846, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PLANNED DEVELOPMENT DISTRICT PDD 365 IN LIEU OF A CHANGE OF ZONE FOR A ROUGHLY 6.37 ACRE PARCEL ON THE WEST SIDE OF SOUTH BELARDO ROAD, APPROXIMATELY 500 FEET SOUTH OF THE MORONGO ROAD INTERSECTION." (Approved)
Mayor Pougnet returned to the dais.
PUBLIC COMMENT:
EUGENE PRIETO, Palm Springs, requested the City Council consider naming 16 streets in the City in honor of 16 who served in armed conflict on the American Legion Wall of Honor.
MARILYN ARCOLI-ARCAROLI, commented on the activities at the Palm Springs Animal Shelter.
TRAVIS ARMSTRONG, commented on Item 2.J., and thanked the City Council for studying water conservation.
MICHAEL VEGA, commented on Item 3.A. regarding the proposed ordinance regarding sitting or lying, and requested the City Council consider amending the boundaries.
GREG PURDY, Palm Springs, commented on the excellent service provided by the Palm Springs Police Department, and commented on Item 3.A. regarding the proposed ordinance regarding sitting or lying.
DENISE DETRANO, requested the City Council not adopt the ordinance as proposed and requested further study.
MARK SALVAS, Palm Springs, commented on Item 3.A., and opposed the proposed ordinance.
DANIEL DOIRON, Palm Springs, commented on Item 3.A. and requested the City Council expand the boundaries.
CAROL NELSON, Palm Springs, commented on neighborhood blade signs, the use of chemicals on City properties, and in the water supply.
NIKOHL VANDEL, Palm Springs, stated we treat our animals better than we treat our homeless.
DEBBY ALEXANDER, commented on Item 3.A., and requested the City Council approve the proposed ordinance.
DOUGLAS NELSON, commented on Item 3.A., and requested the City Council support the proposed ordinance.
MINDY REED, commented on Item 3.A., and requested the City Council support the proposed ordinance.
JOY BROWN MEREDITH, commented on Item 3.A. and the problem with aggressive panhandling in the Downtown and Uptown areas.
PAUL MEDIANO, commented on Item 3.A., requested the City Council support the proposed ordinance, and stated the need for additional police officers in the Downtown area.
MICHAEL McWHERTHER, commented on Item 3.A. and stated his support for the proposed ordinance.
STEVE ROSENBERG, commented on Item 3.A. and requested the City Council address the boundaries.
COUNCILMEMBER COMMENTS:
CITY MANAGER'S REPORT:
City Manager Ready provided an update on water conservation measures in the City of Palm Springs.
2. CONSENT CALENDAR:
Motion to approved Approve Items 2.A., 2.B., 2.C., 2.D., 2.F., 2.G., 2.H., 2.I., 2.J., 2.K., 2.L., 2.M., and 2.N. Moved by Councilmember Mills, seconded by Mayor Pro Tem Hutcheson.
Vote to approved Approve Items 2.A., 2.B., 2.C., 2.D., 2.F., 2.G., 2.H., 2.I., 2.J., 2.K., 2.L., 2.M., and 2.N.
2.A. REPORT ON THE POSTING OF THE AGENDA:
Item 2A Staff Report
2.B. APPROVAL OF MINUTES:
Item 2B Staff Report
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
Item 2C Staff Report
2.D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF JANUARY 2014:
Item 2D Staff Report
2.F. AWARD OF CONTRACT FOR DEMUTH PARK EAST PARKING LOT REPAIRS PROJECT (14-01):
Item 2F Staff Report
2.G. AWARD A FIVE-YEAR AGREEMENT FOR PARKING ENFORCEMENT SERVICES TO ACE PARKING MANAGEMENT, INC.:
Item 2G Staff Report Part 1
Item 2G Staff Report Part 2
2.H. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF DESERT HOT SPRINGS TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE TERM ENDING JANUARY 31, 2015:
Item 2H Staff Report
2.I. APPROVE AN AGREEMENT WITH BSN SPORTS FOR THE PURCHASE OF T-SHIRTS, SWEATSHIRTS, JACKETS, CAPS, AND JERSEYS:
Item 2I Staff Report
2.J. APPOINT TWO MEMBERS OF THE CITY COUNCIL TO THE AD HOC CITY COUNCIL WATER CONSERVATION SUBCOMMITTEE:
Item 2J No Staff Report
2.K. AMENDMENT NO. 1 TO AGREEMENT NO. A4502 WITH THOMAS A. AND EILEEN C. ADAMO, GRANTING THE NON-EXCLUSIVE USE OF TWELVE (12) PARKING SPACES IN THE DOWNTOWN PARKING STRUCTURE ON SOUTH INDIAN CANYON DRIVE ON BEHALF OF FISHERMAN'S GRILL AND BAR AT 243 SOUTH INDIAN CANYON DRIVE:
Item 2K Staff Report
2.L. APPROVAL OF A LEASE AGREEMENT, IN FURTHERANCE OF CONVEYANCE, WITH PRAETOR INVESTMENTS, LLC FOR THE DEVELOPMENT OF A 200-ROOM DOLCE HOTEL AT THE NORTHEAST CORNER OF CALLE ALVARADO AND AMADO ROAD:
Item 2L Staff Report
2.M. AMENDMENT NO. 1 TO AGREEMENT NO. A6205 WITH MUNISERVICES LLC FOR BUSINESS LICENSE DISCOVERY AND ASSESSMENT SERVICES:
Item 2M Staff Report
2.N. APPROVAL OF PROPOSED SURPLUS SCHOOL PROPERTY PURCHASE PLAN:
Item 2N Staff Report
EXCLUDED CONSENT CALENDAR:
2.E. SECOND READING AND ADOPTION OF ORDINANCE NO. 1844 AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 8.05.125, TO CHANGE FROM PRE-1945 TO PRE-1969, THE AGE OF BUILDINGS ELIGIBLE FOR UP TO A SIX MONTH STAY OF DEMOLITION:
Item 2E Staff Report
Councilmember Mills stated he is in support of the ordinance, except the ordinances does not exempt projects that already have approval.
Motion to approved Waive the reading of the full text of the ordinance and adopt Ordinance No. 1844, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 8.05.125 OF, AND ADDING SUBSECTION (c) TO SECTION 8.05.020 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO CLASS 3 HISTORIC STRUCTURES/SITES." Moved by Councilmember Foat, seconded by Mayor Pro Tem Hutcheson.
Vote to approved Waive the reading of the full text of the ordinance and adopt Ordinance No. 1844, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 8.05.125 OF, AND ADDING SUBSECTION (c) TO SECTION 8.05.020 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO CLASS 3 HISTORIC STRUCTURES/SITES." (Approved)
3. LEGISLATIVE:
3.A. PROPOSED ORDINANCE AMENDING THE PALM SPRINGS MUNICIPAL CODE PERTAINING TO SITTING OR LYING ON SIDEWALKS IN DOWNTOWN PALM SPRINGS:
Item 3A Staff Report
Police Chief Franz provided background information as outlined in the staff report dated February 19, 2014.
Mayor Pro Tem Hutcheson requested City staff address other ordinances in the immediate area.
Councilmember Foat requested the City Council consider the expansion of the ordinance to include upto San Rafael, and requested staff conduct further studies to determine if the ordinance boundaries can be expanded.
Councilmember Lewin thanked the Police Department for their work with the ordinance and the business community for their support, and stated his support for the ordinance.
Councilmember Mills thanked the Police Department and the merchants, and stated this is one additional tool for the Police Department.
Mayor Pro Tem Hutcheson stated his support for the ordinance, and his support for studying the potential expansion of the boundaries.
Mayor Pougnet stated his support for the proposed ordinance and requested staff address the expansion of the boundaries including studies on the south end of Palm Springs as well, and commented on the programs the City has supported.
Motion to approved Waive the reading of the ordinance text in its entirety and read by title only and introduce on first reading Ordinance No. 1847, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 12.12.050 OF, AND ADDING SECTION 12.12.055 TO, THE PALM SPRINGS MUNICIPAL CODE PERTAINING TO SITTING OR LYING ON SIDEWALKS IN DOWNTOWN PALM SPRINGS.” Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to approved Waive the reading of the ordinance text in its entirety and read by title only and introduce on first r
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
5.A. DISCUSSION OF A MULTI-YEAR STRATEGIC ACTION PLAN FOR CITY CAPITAL IMPROVEMENTS AND QUALITY OF LIFE ENHANCEMENTS RELATED TO MEASURE J FUNDING AND OTHER POTENTIAL FUNDING OPTIONS:
Item 5A Staff Report
City Manager Ready provided background information as outlined in the staff report dated February 19, 2014.
Mayor Pougnet requested the City Council address an overall policy issue for Measure J for pay-as-you-go compared with issuing debt for projects, City Council direction to rank some of the prior project, and for the City Council to define the process moving forward.
Mayor Pro Tem Hutcheson commented on the process between the City Council Subcommittee and the Measure J Subcommittee, and the need to address a long term plan, along with the delay and the amount of staff time needed to get the approved projects rolling, and noted some of the policy goals.
Councilmember Lewin questioned the differences in interest rates, the ability for the City to bond projects, stated he would not support Measure J funds for street repairs and supports Measure A funds for street repairs, and noted the need for the City Council to develop and support priorities.
Councilmember Foat requested staff address the mechanics of Measure A bonds, commented on the need for the City Council and the Measure J Commission to develop priorities, and stated she is unable to support the library renovation without further information on the relevance of the library in the future.
Councilmember Mills requested City staff address the length of bonding for the library and the Measure A bonding requirements, commented on the residents' concerns with the conditions of the roads, commented on the history of the City in the 1970's with Prop. R, and the need for the City to see immediate results.
Mayor Pro Tem Hutcheson requested the City Manager return with plan for a multi-year strategic plan to unfold, and requested various City Council sessions on the library, parks, bike lanes and roads.
No action taken.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Mills requested City Staff address the HOA's replacing the grass with other non-approved landscaping on Sunrise between Mesquite and East Palm Canyon.
Mayor Pro Tem Hutcheson noted the passing of VillageFest Board Member John Fleming.
ADJOURNMENT:
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