HomeMy WebLinkAbout1/3/2007 - STAFF REPORTS - 2.B. PALM SPRINGS CITY COUNCIL
MINUTES
WEDNESDAY, DECEMBER 20, 2006
CITY COUNCIL CHAMBER
CALL TO ORDER: Mayor Oden called the meeting to order at 6:11 P.M.
PLEDGE OF ALLEGIANCE: Mayor Oden led the Pledge.
INVOCATION: Rev. Richard Drasen, Palm Springs Church for Today, led the
Invocation.
ROLL CALL:
PRESENT: Councilmember Foat, Councilmember McCulloch, Councilmember
Mills, Mayor Pro Tom Pougnet and Mayor Oden.
ABSENT: None.
ALSO PRESENT:City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS: None.
REPORT OF CLOSED SESSION: City Attorney Holland stated that at 5:00 P.M. the
meeting was called to order and the City Council recessed into Closed Session to
discuss items on the posted Closed Session Agenda. No reportable actions were taken.
ACCEPTANCE OF THE AGENDA:
Councilmember McCulloch requested Item 21. be removed from the Consent Calendar
for a separate vote, and noted his business related abstention on Warrant No. 1017493
on Item 2.C.
Councilmember Foat requested Item 2.G. be removed from the Consent Calendar for
separate discussion.
City Manager Ready requested the City Council hear Item 5.F. as the first New
Business Item.
ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded
by Mayor Pro Tom Pougnet and unanimously carried on a roll call vote.
I. PUBLIC HEARINGS: None.
PUBLIC COMMENT:
STEVE CROWELL, requested the City Council support Community Redevelopment
Agency Item RA1. regarding the Application by the Coachella Valley Housing Coalition.
ITEM NO.
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December 20, 2006
Page 2
RUSSELL COWARD, Palm Springs, requested the City Council approve Item 2.G.
contracts for tow operators in the City of Palm Springs.
JOY MEREDITH, Palm Springs, stated her support for Item 3.A. establishment of a
Downtown Business Improvement District.
JONO HILDNER, Palm Springs, stated his support for Item 2.F., amendments to the
Ordinance regarding Environmentally Sensitive Development Areas including the Chino
Cone, and requested the City hold public hearings with respect to the support for the
Salton Sea Authority project.
COUNCILMEMBER COMMENTS AND REQUESTS: None.
CITY MANAGER'S REPORT:
City Manager Ready requested Police Chief Gary Jeandron provide an update on the
upcoming Citizen's Police Academy.
City Manager Ready provided an update of the Code Enforcement activities in the City.
Craig Ewing, Director of Planning Services, announced the City has received the
Crystal Eagle Award, from the California Downtown Association, for the Palm Springs
Downtown Urban Design Guidelines.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., and 2.1-1. Motion Mayor Pro
Tom Pougnet, seconded by Councilmember Mills and unanimously carried
on a roll call vote.
2.A. REPORT ON POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the December 20,
2006, City Council Agenda. Approved as part of the Consent Calendar.
2.6. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of December 13, 2006.
Noting the business related abstention on Warrant No. 1017493 by
Councilmember McCulloch. Approved as part of the Consent
Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 21788, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 11-18-06 BY WARRANTS NUMBERED 411176 THROUGH
411234 TOTALING $91,054.04, LIABILITY CHECKS NUMBERED
1017407 THROUGH 1017439 TOTALING $135,584.20, THREE WIRE
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December 20, 2006
Page 3
TRANSFERS FOR $57,016.74 AND THREE ELECTRONIC ACH DEBITS
OF $1,109,466,60 IN THE AGGREGATE AMOUNT OF $1,393,121.58
DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution No. 21789, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND
DEMANDS BY WARRANTS NUMBERED 1017440 THROUGH 1017442
IN THE AGGREGATE AMOUNT OF $19,694.67 DRAWN ON BANK OF
AMERICA;" 3) Adopt Resolution No. 21790, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1017443 THROUGH 1017660 IN THE AGGREGATE
AMOUNT OF $814,075.70 DRAWN ON BANK OF AMERICA` and 4)
Adopt Resolution No. 21791, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED
1017661 THROUGH 1017663 IN THE AGGREGATE AMOUNT OF
$1,919,027.61 DRAWN ON BANK OF AMERICA." Approved as part of
the Consent Calendar, noting the abstention of Councilmember
McCulloch on Warrant No. 1017493.
2.D. TREASURER'S INVESTMENT REPORT AS OF OCTOBER 31, 2006;
ACTION: Receive and file Treasurer's Investment Report as of October
31, 2006. Approved as part of the Consent Calendar.
2.E. ACCEPT WITH REGRET THE RESIGNATION OF EVA KARLSTROM
FROM THE VILLAGEFEST BOARD:
ACTION: 1) Accept with regret the resignation of Eva Karlstrom from the
VillageFest Board; and 2) Direct the City Clerk to post a notice of vacancy.
Approved as part of the Consent Calendar.
2.H. APPROVE, EMPLOYMENT AGREEMENT FOR THE DIRECTOR OF
PARKS AND RECREATION:
ACTION: 1) Adopt Minute Order No. 7980, Approving an Employment
Agreement with Sharon Heider as Director of Parks and Recreation; and
2) Authorize the City Manager to execute the agreement. A5406.
Approved as part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2.F. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO.
1707, AMENDING SECTION 92.21.1.05 AND 92.21.1.07 OF THE PALM
SPRINGS ZONING CODE, RELATING TO REGULATIONS FOR
ENVIRONMENTALLY SENSITIVE DEVELOPMENT AREAS, INCLUDING THE
CHINO CONE:
ACTION: Waive further reading and adopt Ordinance No. 1707, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
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December 20, 2005
Page 4
SECTION 92.21.1.05 AND 92.21.1.07 OF THE PALM SPRINGS ZONING
CODE, RELATING TO REGULATIONS FOR ENVIRONMENTALLY SENSITIVE
DEVELOPMENT AREAS, INCLUDING THE CHINO CONE." Motion Mayor Pro
Tern Pougnet, seconded by Councilmember Mills and carried 4-1 on a roll
call vote.
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern
Pougnet, and Mayor Oden.
NOES: Councilmember McCulloch.
ABSENT: None.
ABSTAIN: None.
2.G. APPROVING AGREEMENTS WITH CERTAIN TOW COMPANIES FOR AS-
NEEDED VEHICLE TOWING AND STORAGE SERVICES FOR THE PALM
SPRINGS POLICE DEPARTMENT:
Councilmember Foat thanked staff for including the customer service training
component in the agreement, and requested clarification with respect to the
City's proceeds for the sale of a lien vehicle, towing pursuant to abandoned
vehicle abatement program, and the accountability for the number of the vehicles
towed.
ACTION: Adopt Resolution No. 21792, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
AGREEMENTS WITH CERTAIN TOW COMPANIES FOR AS-NEEDED
VEHICLE TOWING AND STORAGE SERVICES FOR THE PALM SPRINGS
POLICE DEPARTMENT" amending Section 38.1 of the agreement to reflect the
owner of the rp operty is not responsible for payment. A5403 A&A Towing. A5404
Dave's Towing, A5405 Mohica Towing. Motion Councilmember Mills,
seconded by Mayor Oden and unanimously carried on a roll call vote.
3. LEGISLATIVE:
Councilmember Foat stated she has a business ownership related conflict of
interest, could not participate in the discussion or the vote and left Council
Chamber at 7:20 P.M.
3.A. DOWNTOWN AND UPTOWN BUSINESS IMPROVEMENT DISTRICT
(BID) RESOLUTION OF INTENT AND SETTING THE PUBLIC
HEARING:
Cathy Van Horn, Economic Development Administrator, provided
background information as outlined in the staff report dated December 20,
2006 and presented a Power Point presentation.
Mayor Oden requested clarification of the participation of small hotels
outside of the district.
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December 20, 2006
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Mayor Pro Tern Pougnet requested additional information on the
development of a marketing program, and commented on the
measurement of success and suggested a semi-annual announcement.
Councilmember Mills requested staff address the potential of the BID for
other purposes.
City Attorney Holland provided information on the potential expansion of
the business improvement district.
Mayor Oden spoke to the marketing aspects of the Business Improvement
District and did not wish to include an expansion for other activities.
Councilmember Mills requested the City Council consider allowing the
Resolution of Intent to allow for other activities in the future.
Councilmember McCulloch requested Joy Meredith address the issue of
expanding the Resolution of Intent to include other potential uses.
Councilmember Mills requested the City Council define marketing
activities.
ACTION: 1) Adopt Resolution No. 21793, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING ITS INTENTION TO ESTABLISH THE PALM SPRINGS
BUSINESS IMPROVEMENT DISTRICT TO PROVIDE BUSINESS
PROMOTIONAL ACTIVITIES IN THE DOWNTOWN AND UPTOWN
AREAS OF PALM SPRINGS AND SETTING A PUBLIC HEARING DATE
FOR THE ADOPTION OF AN ORDINANCE ESTABLISHING THE
DISTRICT AND AUTHORIZING THE LEVY OF ASSESSMENTS." Motion
Councilmember McCulloch, seconded by Mayor Oden and carried 3-
1 on a roll call vote.
AYES: Councilmember McCulloch, Mayor Pro Tern Pougnet and
Mayor Oden.
NOES: Councilmember Mills.
ABSENT: Councilmember Foat.
ABSTAIN: None
The City Council recessed at 7:08 P.M.
The City Council reconvened at 7:15 P.M.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
The City Council took Item 5.F. out of order.
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December 20, 2006
Page 6
5.F. NON-EXCLUSIVE LEASE AGREEMENT WITH CLEAN ENERGY FOR
THE EXPANSION AND OPERATION OF THE CNG VEHICLE FUELING
STATION AT THE PALM SPRINGS INTERNATIONAL AIRPORT:
Richard Walsh, Director of Aviation, provided background information as
outlined in the staff report dated December 20, 2006.
Mayor Oden requested staff clarify the justification of the 5,000 square
footage determination and if the FAA has commented on the proposal.
Mayor Pro Tern Pougnet requested staff address the outstanding issues of
the square footage and the recommendation of the Airport Commission.
Councilmember Foat requested staff clarify that the provider has been at
the location since 1992 and the history of the City's allowing use of the
property.
Chad Lindhom, representing Clean Energy, provided information on the
two outstanding issues being design fees and square footage, and that
City Staff and Clean Energy could not negotiate an agreement.
Councilmember Foat requested staff address the FAA requirement for a
non-aviation lease or an aviation use of CNG, requested staff address if
other providers have been contacted, requested clarification on the .25
cent reduction on City vehicles, the City request to move the site, and the
action being requested by the City Council.
Mayor Pro Tern Pougnet requested staff address the total area use of
17,000 square feet.
Councilmember Mills commented on the history of the site, commented on
the present square footage use of approximately 5,000 square feet of
exclusive use, suggested using an easement approach to lease with the
exception of direct use and recommended we split the cost of design
services.
Mayor Oden recommended the square footage for the calculation of rent
should be increased to 21,000 square feet.
Councilmember McCulloch commented on the proposed site that was not
improved, requested a split of the design cost, and recommended we
approach the FAA with the smaller foot print of 5,000 square foot and wait
for their approval.
Mayor Oden outlined the history of the City Council and the goals of
alternative energy, commented on the design of the road specifically for
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December 20, 2006
Page 7
the CNG, and the proposed move that did not take place, and a credit for
the cost, and the process and approval by the FAA.
Councilmember Foat requested the issues be separated for a motion.
Councilmember Mills commented that in the past the City received a
discounted rate for the use of the site.
MOTION: Approve the incorporation of a 50/50 split of the $58,000
request for credit of the design services, with the exact nature of the
credit(s) to be determined by staff. Motion Councilmember Mills,
seconded by Councilmember McCulloch and failed 2-3 on a roll call
vote.
AYES: Councilmember McCulloch and Councilmember Mills.
NOES: Councilmember Foat, and Mayor Pro Tern Pougnet and
Mayor Oden.
ACTION: 1) Adopt Minute Order No. 7983, Approving a Non-Exclusive
Lease Agreement with Clean Energy, Inc. for the expansion and operation
of a CNG vehicle fueling station at the Palm Springs International Airport
modifying the agreement to provide that the square footage calculation, for
the determination of the amount of rent, include only the square footage
used for the equipment and the footprint of vehicles using the equipment
as determined by staff, and the incorporation of an easement for the use
of the remainder of the site. A5410. Motion Councilmember Mills,
seconded by Mayor Pro Tom Pougnet and carried 4-1 on a roll call
vote.
AYES: Councilmember McCulloch, Councilmember Mills,
Councilmember Foat, and Mayor Pro Tom Pougnet.
NOES: Mayor Oden.
ACTION: Authorize the City Manager to execute the Non-Exclusive Lease
Agreement as amended, and all necessary documents to effectuate the
lease agreement, subject to FAA approval. A5410. Motion
Councilmember Foat, seconded by Councilmember Mills and
unanimously carried on a roll call vote.
5.A. DISCUSSION AND DIRECTION ON THE ESTABLISHMENT OF A
PROGRAM FOR TEMPORARY CONSTRUCTION SIGNS UNDER
SECTION 93.20.08.A.2 OF THE PALM SPRINGS ZONING CODE:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated December 20, 2006.
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December 20, 2006
Page 8
Mayor Pro Tern Pougnet requested staff address the concept of lots not
APN parcels and each project would be a sign program, as opposed to
individual lots.
Councilmember Mills requested staff address the 32 foot size limitation
and requested we look at signage on street frontage, stated he would
request the opaque barricade be a requirement.
Councilmember Foat requested staff address the use of graphics and not
include the 30% requirements for the sign as graphics.
Mayor Oden stated his concern on the street frontage requirements.
Councilmember Mills requested staff address the height of the fencing and
to break the six foot height plane.
ACTION: Support the interpretation of staff with respect to Section
93.20.08.A.2 of the Palm Springs zoning Code regarding "Construction
Signs for Future Buildings." Motion Councilmember Foat, seconded by
Mayor Oden and unanimously carried on a roll call vote.
S.B. APPROVING AND AUTHORIZING THE ISSUANCE OF
APPROXIMATELY $20 MILLION OF PENSION OBLIGATION BONDS
THROUGH THE CALIFORNIA COMMUNITIES FINANCING PROGRAM,
APPROVE THE TRUST AND PURCHASE AGREEMENTS, AND
AUTHORIZE THE VALIDATION ACTION:
Craig Graves, Director of Finance, provided background information as
outlined in the staff report dated December 20, 2006.
Councilmember Foat stated we are stepping out in front of the other cities
and is in support of the issuance of bonds, and requested staff address a
recent newspaper article.
Councilmember McCulloch requested staff address the computation of the
savings, the term of payment that would be incurred with PERS, if the
bonds are "callable" if we obtain full funding, and provided a summary of
concerns.
Councilmember McCulloch stated he would prefer approving only the
validation action, in lieu of authorizing the bonds and requested further
study.
Councilmember Foat commented on the process to get us to this point
and stated no additional study is needed.
Mayor Oden commented on the Council requesting additional reports.
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December 20, 2006
Page 9
Councilmember McCulloch noted this could negatively impact our credit
rating and the outlined impacts to the balance sheet.
Mayor Oden requested the Financial Advisor address the impacts and
debt ratios.
Councilmember Mills commented on impacts for any possible public
improvement bonds, and requested the City Manager meet with the
Finance Committee, and suggested it need not be part of the motion.
ACTION: 1) Adopt Resolution No. 21794, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING THE ISSUANCE OF ONE OR MORE SERIES OF
PENSION OBLIGATION BONDS, APPROVING THE FORM OF AND
AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST
AGREEMENT AND A PURCHASE AGREEMENT, AND AUTHORIZING A
VALIDATION ACTION AND OTHER MATTERS RELATING THERETO."
A5407. A5408. Motion Mayor Pro Tem Pougnet, seconded by
Councilmember Foat and carried 4-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tem
Pougnet and Mayor Oden_
NOES: Councilmember McCulloch.
5.C. AGREEMENT FOR THE BILLING AND RECONCILIATION OF ALARM
PERMITS, RENEWALS, FALSE ALARMS, AND INCORPORATION OF
THE ALARM DIVERSION PROGRAM:
Gary Jeandron, Chief of Police, provided background information as
outlined in the staff report dated December 20, 2006.
Councilmember Foat requested the number of false alarms in 2006 and
how staff is addressing false alarm billings with the citizens, how much
revenue has been lost, and outlined the appeal process.
Mayor Pro Tem Pougnet requested staff address if other cities have used
this vendor and their relationships, and requested the City Manager
provide an update on the success of the vendor.
Councilmember Mills commented that all citizens with a registered alarm
were notified of the change in the City ordinance.
Mayor Oden commented on the lead time for a new educational program.
ACTION: 1) Adopt Minute Order No. 7981, Authorizing the City Manager
to enter into an Agreement with Pyranet, LLC (dba
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December 20, 2006
Page 10
PalmSpringsAlarm.com and AlarmSchoolOnline.com) for thirty-six (36)
months (including a 30-day cancellation provision) to perform the billing
and reconciliation of alarm permits, permit renewals, false alarm billings
and incorporating the "On-line Diversion Program." A5409. Motion
Councilmember Mills, seconded by Mayor Oden and unanimously
carried on a roll call vote.
5,1). SUPPORT FOR THE SALTON SEA AUTHORITY'S MULTI-PURPOSE
PROJECT CONCEPT AND CONTRIBUTION FOR THE PUBLIC
EDUCATION AND INFORMATION CAMPAIGN:
Rick Daniels, Executive Director, Salton Sea Authority, provided
background information as outlined in the staff report dated December 20,
2006.
Councilmember Foat expressed concern that the City Council did not have
an opportunity to review any other plans.
Mayor Oden requested staff address the length of time looking at the
plans, and stated his support of looking at the recreational and economic
development components.
Mayor Pro Tern Pougnet commented on the discussion at the CVAG level.
ACTION: 1) Adopt Resolution No. 21795, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
SUPPORTING THE SALTON SEA AUTHORITY'S MULTI-PURPOSE
PROJECT CONCEPT AS THE PREFERRED PLAN FOR RESTORATION
AND REVITALIZATION OF THE SALTON SEA;" 2) Adopt Minute Order
No. 7982, Approving a contribution of $5,000 to the Salton Sea Authority
for the public education and information campaign to inform and educate
the public about the restoration plan and the potential consequences of
failure; and 3) Authorize the City Manager to execute all necessary
documents. Motion Councilmember McCulloch, seconded by Mayor
Oden and unanimously carried on a roll call vote.
5.E. APPOINTMENT OF A CITY COUNCIL LIAISON TO THE RIVERSIDE
COMMUNITY ACTION COMMITTEE:
ACTION. Appoint Mayor Oden as the City Council Liaison to the Riverside
Community Action Committee. Motion Councilmember McCulloch,
seconded by Mayor Pro Tern Pougnet and unanimously carried on a
roll call vote.
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December 20, 2006
Page 11
COUNCILMEMBER COMMENTS AND REPORTS:
Ccuncilmember Foat requested the City Manager place on a future agenda a
discussion and resolution with respect to the placement of windmills in the Snow Creek
area.
Mayor Oden announced the events and activities attended by the Mayor's office.
ADJOURNMENT: The City Council adjourned at 9:53 P.M. to a Regular Meeting,
Wednesday, January 3, 2007, at 6:00 p.m. in the Council Chamber, City Hall, preceded
by a Closed Session at 4:30 p.m., Small Conference Room, City Hall, 3200 East
Tahquitz Canyon Way, Palm Springs,
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 3rd
DAY OF JANUARY, 2007.
MAYOR
ATTEST:
City Clerk