HomeMy WebLinkAbout2009-09-02 CC MINUTES CITY COUNCIL
COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
1)
MINUTES
WEDNESDAY, SEPTEMBER 2, 2009
Council Chamber
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:05 p.m.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge.
INVOCATION: Rabbi Sally Olins, Temple Isaiah, led the Invocation.
ROLL CALL:
PRESENT: Councilmember Foat, Councilmember Hutcheson, Councilmember
Weigel, Mayor Pro Tern Mills, and Mayor Pougnet.
ABSENT: None.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS:
Sharon Lock, City of Palm Springs representative to the Coachella Valley Mosquito and
Vector Control Board, provided an update to the City Council on the District.
Mayor Pougnet announced the passing of Roy Wilson, Riverside County Supervisor,
and Don Duckworth, City of Palm Springs Director of Building and Safety.
Mayor Pougnet provided updates on the Neighborhood Blade Signs, the installation of
misters at the Palm Springs Animal Shelter, the opening of the new ABOP facility, the
recent fundraising benefit for the Friends of the Palm Springs Animal Shelter, and the
opening school day at St. Theresa's,
Mayor Pro Tem Mills provided an update on Census 2010.
REPORT OF CLOSED SESSION: City Attorney Holland reported that at 4:30 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 Hutcheson requested Item 2.N. be removed from the Consent Calendar
for separate discussion.
City Council Minutes
September 2, 2009
Page 2
Councilmember Foat noted her abstention on Item 2.B., City Council Minutes of July 15,
2009, and requested Item 2.U. and 2.Y. be removed from the Consent Calendar for
separate discussion.
Mayor Pro Tern Mills noted his business related abstention on Item 2.C. Warrant Nos.
1036921, 1037168, 1037317, noted his business related abstention on Item 2.V., and
requested Items 2.1., 2.0., and 2.Y., be removed from the Consent Calendar for
separate discussion.
ACTION: Accept the Agenda as amended. Motion Councilmember Hutcheson,
seconded by Mayor Pro Tern Mills and unanimously carried on a roll call vote.
1. PUBLIC HEARINGS:
1.A. APPEAL OF KIRVIN SATTERWHITE OF THE HISTORIC SITE
PRESERVATION BOARD ISSUANCE OF A STAY OF DEMOLITION OF
A SINGLE FAMILY RESIDENCE AT 823 AVENIDA PALOS VERDES
(CASE NO. 3.3352):
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated September 2, 2009.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
GEORGE TUCKER, Appellant, commented on the points of his
appeal and presented letters in support of the appeal and the demolition of
the property.
EMILY HEMPHILL, Representing Appellant, stated the reason the
property is on the potential historic list is due to the age of the property,
noted the property is a private residence and not open to the
public, commented on the modifications to the property over the years,
stated the property does not meet the criteria for designation, research
has located nothing significant at the property to warrant the designation,
commented on the potential length of the stay of demolition, noted the lack
of energy efficiency of the current property and the owners proposed
energy enhancements.
JAMES JENSEN, requested the City Council grant the appeal and allow
the demolition of the property.
ROBERT STONE, requested the City Council deny the appeal and issue a
stay of demolition until additional study can be made on the property.
City Council Minutes
September 2, 2009
Page 3
KEVIN BASS, requested the City Council grant the appeal and allow the
demolition of the property.
ADAM ALLISON, requested the City Council grant the appeal and allow
the demolition of the property.
AYAD ALKADLIN, requested the City Council grant the appeal and allow
the demolition of the property.
LARRY HOCHANADEL, clarified the demolition process with the City and,
requested the City Council grant the appeal and allow the demolition of
the property.
No further speakers coming forward, the Public Hearing was closed.
The City Council discussed and/or commented on the following with
respect to the property and the demolition: the age of the property and any
historic significance, the lack of facts to justify a higher designation for the
property, the condition of the property, the property will not be demolished
until approved plans are submitted for a new project, the discussion and
vote of the RSPB, the HSPB site visits and third party comment, the costs
of operation of a historic property, the change in the recommendation by
staff from the HSPB to the City Council, and the potential to require a
super-majority of the HSPB to issue a stay.
ACTION: 1) The City Council determines that the findings in the Planning
Department Staff Report dated July 14, 2009, to the Historic Site
Preservation Board, are the controlling findings for the City Council
determination; and 2) Grant the appeal and deny the Historic Site
Preservation Board's stay of demolition on the property located at 823
Avenida Palos Verdes. Motion Councilmember Hutcheson, seconded
by Councilmember Weigel and unanimously carried on a roll call
vote.
PUBLIC COMMENT:
ROBERT ANZOVINO, commented on a recent claim he filed with the City of Palm
Springs and the actions of the Palm Springs Police Department,
PAUL ANGULO, stated he is running for Riverside County Auditor-Controller, and
introduced himself to the City Council.
TERRY FECKETT, commented on the Palm Springs Disposal Service contract fees.
BARBARA BEATY, commented on the state of the City budget and the properties the
City sold to the Redevelopment Agency.
City Council Minutes
September 2, 2009
Page 4
DAVID CARDEN, requested the City Council support Item 2.N., stated his support for
Item 2.X., regarding the Port Lawrence temporary site improvements, and Item 3.A.,
regarding the Storefront Improvement Program.
DARRON DAHLE, commented on Item 3.A., the Storefront Improvement Program, and
commented on problem properties in the Downtown area.
JOY MEREDITH, commented on the opening of Crystal Fantasy, Palm Springs
Carriages and the support of the BID and the community, and stated her support for
Item 2.X., the Port Lawrence temporary improvements, and Item 3.A., the Storefront
Improvement Program.
ROXANNE MISHLER and DIANE SCHROEDER, stated their support of item 2.X.,
regarding the Port Lawrence temporary improvements, and Item 3.A., regarding the
Storefront Improvement Program.
PAUL MEDIANO, stated his support for Item 3.A., the Storefront Improvement Program.
RODOLFO CASTILLO, commented on Item 3.A., and the condition of the properties in
the Downtown area.
COUNCILMEMBER COMMENTS:
Mayor Pougnet requested the City Manager and the City Clerk address the City process
with respect to communication to City Council candidates.
CITY MANAGER'S REPORT: City Manager Ready provided an update on the Facade
Improvement program.
2. CONSENT CALENDAR:
Councilmember Mills noted his business related abstention on additional
warrants on Item 2.C., Warrant Nos. 1036441, 1036467, 1036483, and 1036493.
ACTION: Approve Items 2.A., 2.6., 2.C., 2.D., 2,E., 2.F., 2.G., 2.H., 2.J., 2.K.,
21., 2.M., 2.P., 2.Q., 2.R., 2.5., 2.T., 2.V., 2.W., and 2.X.. Motion
Councilmember Hutcheson, seconded by Councilmember Weigel 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 September 2,
2009, City Council Agenda. Approved as part of the Consent Calendar.
2.13. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of July 15, 2009, July 22,
2009 and the Special Meeting Minutes of August 4, 2009. Approved as
City Council Minutes
September 2, 2009
Page 5
part of the Consent Calendar, noting the abstention of
Councilmember Foat on the July 15, 2009 Minutes.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 22577, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1036441, 1036467, 1036483, 1036493, AND 1036662
THROUGH 1036754 IN THE AGGREGATE AMOUNT OF $947,878.92,
DRAWN ON BANK OF AMERICA; 2) Adopt Resolution No. 22578, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL
WARRANTS FOR THE PERIOD ENDED 7-11-09 BY WARRANTS
NUMBERED 414820 THROUGH 414863 TOTALING $57,652.08,
LIABILITY CHECKS NUMBERED 1036755 THROUGH 1036775
TOTALING $146,572.15, FIVE WIRE TRANSFERS FOR $281,878.52,
AND THREE ELECTRONIC ACH DEBITS OF $1,114,087.58, IN THE
AGGREGATE AMOUNT OF $1,600,190.33, DRAWN ON BANK OF
AMERICA;" 3) Adopt Resolution No. 22579, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1036776 THROUGH 1036945 IN THE AGGREGATE
AMOUNT OF $1,306,773.78, DRAWN ON BANK OF AMERICA; 4) Adopt
Resolution No. 22580, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1036946
THROUGH 1037017 IN THE AGGREGATE AMOUNT OF $2,421,315.64,
DRAWN ON BANK OF AMERICA;" 5) Adopt Resolution No. 22581, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL
WARRANTS FOR THE PERIOD ENDED 7-25-09 BY WARRANTS
NUMBERED 414864 THROUGH 414906 TOTALING $83,842.42,
LIABILITY CHECK NUMBERED 1037018 IN THE AMOUNT OF $75.00,
FIVE WIRE TRANSFERS FOR $117,772.28, AND THREE ELECTRONIC
ACH DEBITS OF $1,810,669.97, IN THE AGGREGATE AMOUNT OF
$2,012,259.67, DRAWN ON BANK OF AMERICA;" 6) Adopt Resolution
No. 22582, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS
AND DEMANDS BY WARRANTS NUMBERED 1037019 THROUGH
1037114 IN THE AGGREGATE AMOUNT OF $1,211,122.35, DRAWN
ON BANK OF AMERICA;" 7) Adopt Resolution No. 22583, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND
DEMANDS BY WARRANTS NUMBERED 1037115 THROUGH 1037252
IN THE AGGREGATE AMOUNT OF $1,100,912.44, DRAWN ON BANK
OF AMERICA;" 8) Adopt Resolution No. 22584, "A RESOLUTION OF
City Council Minutes
September 2, 2009
Page 6
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 8-08-09 BY WARRANTS NUMBERED 414907 THROUGH
414948 TOTALING $68,563.79, LIABILITY CHECKS NUMBERED
1037253 THROUGH 1037275 TOTALING $144,055.91, FIVE WIRE
TRANSFERS FOR $54,961.72, AND THREE ELECTRONIC ACH
DEBITS OF $1,108,466.78, IN THE AGGREGATE AMOUNT OF
$1,376,04820, DRAWN ON BANK OF AMERICA;" and 9) Adopt
Resolution No. 22585, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1037276
THROUGH 1037463 IN THE AGGREGATE AMOUNT OF $1,041,053.82,
DRAWN ON BANK OF AMERICA." Approved as part of the Consent
Calendar, noting the business related abstention of Councilmember
Mills on Warrant Nos. 1036441, 1036467, 1036483, 1036493, 1036921,
1037168, and 1037317,
2.D. STAFF AUTHORIZED AGREEMENTS FOR JULY, 2009:
ACTION: Receive and file Staff Authorized Agreements covering the
period July 1, 2009 through July 31, 2009. Approved as part of the
Consent Calendar.
2.E. ACCEPTANCE OF THE PUBLIC RIGHT-OF-WAY FOR JACARANDA
ROAD WITHIN PARCEL MAP 10509:
ACTION: Adopt Resolution No. 22586, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ACCEPTING RIGHT-OF-WAY FOR A PORTION OF JACARANDA
ROAD, IDENTIFIED AS LOT `A' ON PARCEL MAP 10509, RECORDED
IN BOOK 51 OF PARCEL MAPS, PAGE 88, WITHIN SECTION 25,
TOWNSHIP 4 SOUTH, RANGE 4 EAST (FILE R 09-12)." Approved as
part of the Consent Calendar.
2.F. FINAL TRAFFIC SIGNAL MAINTENANCE SERVICES AGREEMENT
MODIFICATION AND RELATED BUDGET AMENDMENT:
ACTION: 1) Approve maximum contract amount of $232,297.80 for
Agreement No. A4725 with the County of Riverside Department of
Transportation for Traffic Signal Maintenance for Fiscal Year 2008-09 and
close the Agreement; 2) Adopt Resolution No. 22587, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2009-10
FOR TRAFFIC SIGNAL MAINTENANCE;" and 3) Authorize the City
Manager to execute all necessary documents." A4725. Approved as part
of the Consent Calendar.
2.G. COOPERATIVE AGREEMENT WITH RIVERSIDE COUNTY FOR
CONSTRUCTION OF THE GENE AUTRY TRAIL UNION PACIFIC
City Council Minutes
September 2, 2009
Page 7
RAILROAD (UPRR) BRIDGE WIDENING PROJECT (CITY PROJECT
NO. 01-04):
ACTION: 1) Approve a Cooperative Agreement with Riverside County for
the Gene Autry Trail UPRR Bridge Widening Project (City Project No. 01-
04); and 2) Authorize the City Manager to execute all necessary
documents. A5885. Approved as part of the Consent Calendar.
2.H. ACCEPTANCE OF GRANT FROM THE COACHELLA VALLEY AIR
QUALITY ENHANCEMENT TRUST FUND:
ACTION: 1) Approve the Grant Award and Authorization Agreement with
the County of Riverside; and 2) Authorize the City Manager to execute the
Agreement and all necessary documents. A5886. Approved as part of
the Consent Calendar.
2.J. PROPOSED RESOLUTION AMENDING THE BAIL SCHEDULE FOR
PARKING VIOLATIONS TO PROVIDE FOR STATUTORILY-REQUIRED
PASS-THRU COSTS ON PARKING VIOLATIONS FOR STATE COURT
AND CRIMINAL, JUSTICE FACILITIES CONSTRUCTION COSTS
(SB1407):
ACTION: Adopt Resolution No. 22588, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
PROVIDING FOR STATUTORILY-REQUIRED STATE. COURT AND
CRIMINAL JUSTICE FACILITIES CONSTRUCTION PASS-THRU
PARKING PENALTIES, AND AMENDING THE BAIL SCHEDULE."
Approved as part of the Consent Calendar.
Z.K. ACCEPT THE RESIGNATION OF MICHAEL STERN FROM THE
PUBLIC ARTS COMMISSION:
ACTION: Accept with regret the resignation of Michael Stern from the
Public Arts Commission for the unexpired term ending June 30, 2010.
Approved as part of the Consent Calendar.
21. ACCEPT THE RESIGNATION OF REBECCA TERRILL FROM THE
VILLAGEFEST BOARD:
ACTION: 1) Accept with regret the resignation of Rebecca Terrill from the
VillageFest Board for the unexpired term ending June 30, 2010.
Approved as part of the Consent Calendar.
2.M. APPOINTMENT OF TWO BOARD MEMBERS TO THE NEWLY
CREATION POSITIONS ON THE VILLAGEFEST BOARD:
ACTION: Appoint Jill Beede and Sally McManus to the VillageFest Board
for the initial term ending June 30, 2011. Approved as part of the
Consent Calendar.
2.P. APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO, 031-N,
WITH THE STATE OF CALIFORNIA FOR USE OF CONGESTION
City Council Minutes
September 2, 2009
Page 8
MITIGATION AND AIR QUALITY (CMAQ) FEDERAL-AID FUNDS FOR
THE TRAFFIC MANAGEMENT CENTER AND CITYWIDE TRAFFIC
SIGNAL INTERCONNECT PROJECT [CITY PROJECT NO. 08-04,
FEDERAL-AID PROJECT NO. CML-5282(031)1:
ACTION: 1) Adopt Resolution No. 22590, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 031-N TO
ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID
PROJECTS NO. 08-5282R WITH THE STATE OF CALIFORNIA, IN THE
AMOUNT OF $225,000 ($199,000 CMAQ FEDERAL FUNDS / $26,000
GAS TAX FUNDS), FOR THE TRAFFIC MANAGEMENT CENTER AND
CITYWIDE TRAFFIC SIGNAL INTERCONNECT PROJECT, CITY
PROJECT NO. 08-04, FEDERAL-AID PROJECT NO. CML-5282(031)."
A5888. Approved as part of the Consent Calendar.
2.Q. APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. 027-N,
WITH THE STATE OF CALIFORNIA FOR USE OF AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009 (ARRA) FEDERAL-
AID FUNDS FOR THE GENE AUTRY TRAIL GATEWAY LANDSCAPE
IMPROVEMENT PROJECT, CITY PROJECT NO. 06-03, FEDERAL.-AID
PROJECT NO. ESPLE-5282(027):
ACTION: 1) Adopt Resolution No. 22591, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 027-N TO
ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID
PROJECTS NO. 08-5282R WITH THE STATE OF CALIFORNIA, IN THE
AMOUNT OF $1,850,000 ($1,850,000 ARRA FEDERAL FUNDS / $0
LOCAL FUNDS), FOR THE GENE AUTRY TRAIL GATEWAY
LANDSCAPE IMPROVEMENT PROJECT, CITY PROJECT NO. 06-03,
FEDERAL-AID PROJECT NO. ESPLE-5282(027)." A5889. Approved as
part of the Consent Calendar.
2.R. UTILITY AGREEMENTS FOR THE INDIAN CANYON DRIVE /
INTERSTATE 10 INTERCHANGE WIDENING PROJECT:
ACTION: 1) Approve the State of California, Department of
Transportation, Utility Agreement Number 21467 between the City of Palm
Springs and Southern California Edison (Distribution) for relocation of
electrical distribution facilities for the Indian Canyon Drive / Interstate 10
Interchange Project (City Project 00-14); A5890. 2) Approve the State of
California, Department of Transportation, Utility Agreement Number 21468
between the City of Palm Springs and Southern California Gas Company
for relocation of gas facilities for the Indian Canyon Drive / Interstate 10
Interchange Project (City Project 00-14); A5891. 3) Approve the State of
California, Department of Transportation, Utility Agreement Number 21471
between the City of Palm Springs and Verizon California, Inc., for
relocation of telephone communication facilities for the Indian Canyon
City Council Minutes
September 2, 2009
Page 9
Drive / Interstate 10 Interchange Project (City Project 00-14); A5892. 4)
Approve the State of California, Department of Transportation, Utility
Agreement Number 21532 between the City of Palm Springs and
Southern California Edison (Transmission) for relocation of electrical
transmission facilities for the Indian Canyon Drive / Interstate 10
Interchange Project (City Project 00-14), and A5893. 5) Authorize the City
Manager to execute all necessary documents. Approved as part of the
Consent Calendar.
2,& TREASURER'S INVESTMENT REPORT AS OF JUNE 30, 2009:
ACTION: Receive and file the Treasurer's Investment Report as of June
30, 2009. Approved as part of the Consent Calendar.
2.T. COMMUNITY REDEVELOPMENT AGENCY ITEM APPROVING AN
AGREEMENT WITH THE FAIR HOUSING COUNCIL OF RIVERSIDE
COUNTY, INC., FOR FAIR HOUSING SERVICES THROUGH
EDUCATION, TRAINING/TECHNICAL ASSISTANCE AND
ENFORCEMENT:
ACTION: 1) Approve an Agreement with Fair Housing Council of
Riverside County, Inc., in the amount of $35,646, for fair housing services
through education, training/technical assistance and enforcement. A5894.
Approved as part of the Consent Calendar.
2.V. COLLEGE OF THE DESERT DRAFT POLICY ON SUSTAINABILITY
STEWARDSHIP:
ACTION: Receive and file. Approved as part of the Consent Calendar,
noting the business related abstention of Councilmember Mills.
2.W. APPROVE PARTICIPATION IN THE RIVERSIDE COUNTY MORTGAGE
CERTIFICATE (MCC) PROGRAM:
ACTION: Adopt Resolution No. 22592, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PARTICIPATION IN THE RIVERSIDE COUNTY
MORTGAGE CERTIFICATE (MCC) PROGRAM." Approved as part of
the Consent Calendar.
2.X. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E)
AND AUTHORIZATION TO BID THE PORT LAWRENCE TEMPORARY
PARKING LOT IMPROVEMENTS, (CITY PROJECT 09-06):
ACTION: Approve the plans, specifications, and working details, and
authorize bidding for the Port Lawrence Temporary Parking Lot
Improvements, (City Project 09-06). Approved aS part of the Consent
Calendar.
City Council Minutes
September 2, 2009
Page 10
EXCLUDED CONSENT CALENDAR:
2.1. APPROVE AMENDMENT NO. 1 TO THE NOTICE TO PROCEED WITH
VEOLIA WEST OPERATING SERVICES, INC., FOR THE DESIGN PHASE OF
THE ELECTRICAL SYSTEM UPGRADE (CITY PROJECT NO. 09-03):
The City Council discussed and/or commented on the applicability of the local
preference program requirements.
ACTION: Authorize the Director of Public Works/City Engineer to issue
Amendment No. 1 to the Notice to Proceed for Veolia West Operating Services,
Inc., for an increased amount of $30,250, total amount of $280,298.24, for the
design phase of the Wastewater Treatment Plant Electrical System Upgrade
(City Project No. 09-03). Motion Mayor Pro Tern Mills, seconded by
Councilmember Hutcheson and unanimously carried on a roll call vote.
2.N. APPROVE A MILLS ACT HISTORIC SITE CONTRACT FOR THE
CASABLANCA ADOBE LOCATED AT 590 SOUTH INDIAN TRAIL:
The City Council discussed and/or commented on the following: the differences
under a Class 1 and Class 2 designation, and the benefits of a Mills Act contract.
ACTION: 1) Approve a Mills Act Agreement with Jeff Trachta and AI
Sophianopoulos for the Casablanca Adobe located at 590 South Indian Trail; 2)
Authorize the City Manager to execute the Agreement; and 3) Direct the City
Clerk to submit the executed agreement for recordation. A5887. Motion
Councilmember Hutcheson, seconded by Councilmember Weigel and
unanimously carried on a roll call vote.
2.0. CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY ITEM FOR
FUNDING OF THE FISCAL YEAR 2009-10 LOW AND MODERATE INCOME
HOUSING FUND SET-ASIDE:
The City Council discussed and/or commented on the following: projects funded
with previous fiscal year funds, the five year plan, the 20% commitment of tax
increment toward affordable housing, and the development of goals and policies
of the City Council Subcommittee.
ACTION: [CITY COUNCIL] 1) Adopt Resolution No. 22589, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
MAKING CERTAIN FINDINGS WITH RESPECT TO THE 2009-10 DEPOSIT TO
THE LOW AND MODERATE INCOME HOUSING FUND; and [COMMUNITY
REDEVELOPMENT AGENCY] 2) Adopt Resolution No. 1392, "A RESOLUTION
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS WITH RESPECT TO
THE 2009-10 DEPOSIT TO THE LOW AND MODERATE INCOME HOUSING
City Council Minutes
September 2, 2009
Page 11
FUND." Motion Mayor Pro Tern Mills, seconded by Councilmember
Hutcheson and unanimously carried on a roll call vote.
2.U. VICEROY HOTEL CONDITIONAL. USE PERMIT UPDATE ON CONDITIONS
OF APPROVAL AND DETERMINATION OF COMPLIANCE, LOCATED AT 415
S. BFLARDO ROAD (CASE NO. 5.0909-CUP):
The City Council discussed and/or commented on the following: requested a
progress report on the project, and requested staff provide comment and an
update on the sufficiency of the prior bond.
ACTION: Receive and File. A5878. Motion Mayor Pro Tern Mills, seconded by
Councilmember Foat and unanimously carried on a roll call vote.
2.Y. AWARD OF CONTRACT FOR THE GENE AUTRY TRAIL GATEWAY
LANDSCAPE IMPROVEMENT PROJECT, (CITY PROJECT 06-03), FEDERAL
AID PROJECT NO. ESPLE-5282 (027):
The City Council discussed and/or commented on the following: the difference in
the grant amount and the bid amount, and other project uses of the grant
funding.
ACTION: 1) Approve an Agreement with Sierra Landscape Company, in the
amount of $1,225,233.75 for Bid Schedule A, Bid Schedule B and Additive Bid
Schedule C, for the Gene Autry Trail Gateway Landscape Improvement Project,
(City Project 06-03), Federal Aid Project No. ESPLE-5282(027); and 2) Authorize
the City Manager to execute all necessary documents. A5895. Motion
Councilmember Weigel, seconded by Mayor Pro Tem Mills and
unanimously carried on a roll call vote.
3. LEGISLATIVE:
3.A. REVIEW AND DISCUSS A PROPOSED ORDINANCE AMENDING
PALM SPRINGS MUNICIPAL CODE SECTIONS 8.80.020, 8.80.030,
8.80.040 AND 8.80.70 RELATIVE TO VACANT BUILDINGS,
ESTABLISHING THE STOREFRONT IMPROVEMENT PROGRAM:
Thomas Wilson, Assistant City Manager, provided background information
as outlined in the staff report dated September 2, 2009,
The City Council discussed and/or commented on the following with
respect to the Storefront Improvement Program: the size of "For Lease"
signs and the number of "For Lease" signs on an individual property,
potential to add sign restrictions, time limit for the removal of signs from
businesses that are no longer in business, the ordinance should include
the repair of cracked and broken glass, staff to possibly research the
enactment of a vacancy tax, staff to possibly research any type of
City Council Minutes
September 2, 2009
Page 12
incentive program for landlords to repair properties, condition of vacant
buildings in the Downtown area, census or vacancy rate in the Downtown
area and monitoring the vacancy rate, a user group of retailers and
building owners to comment on an ordinance prior to the return to the City
Council, a limit or certain percentage of window covering for public safety,
installation of film that allows a picture during the day and is transparent at
night, the City's investment in the Downtown area, additional staff
resources to enforce and coordinate the program, the potential for the
ordinance to address boundaries, standards and monitoring of
cleanliness, and replacement and maintenance of landscaping.
ACTION: Direct the City Clerk to place the proposed Ordinance on the
September 16, 2009, City Council Agenda for introduction. Motion
Councilmember Hutcheson, seconded by Councilmember Foat and
unanimously carried on a roll call vote.
3.13. PROPOSED ORDINANCE PROHIBITING SMOKING IN CERTAIN
AREAS OF CITY PARKS AND OUTDOOR PUBLIC PLACES
TYPICALLY FREQUENTED BY CHILDREN:
City Attorney Holland provided background information as outlined in the
staff report dated September 2, 2009.
The City Council discussed and/or commented on the following:
compliance and enforcement, the posting of no smoking signs, and staff
using discretion for certain exceptions to the designated areas, and the
potential for a creative sign program at City parks.
MOTION: 1) Waive the reading of the full text of the Ordinance, and
introduce by title only; and 2) Introduce for first reading "AN ORDINANCE
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION
6.10.083 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO
PROHIBITION OF SMOKING IN CITY PARKS AND OUTDOOR PUBLIC
PLACES." Motion Councilmember Weigel, seconded by
Councilmember Hutcheson and failed 2-3 on a roll call vote.
AYES: Councilmember Hutcheson and Councilmember Weigel.
NOES: Councilmember Foat, Mayor Pro Tem Mills, and Mayor
Pougnet.
ACTION: Direct staff to bring forward this Item for further discussion. By
consensus of the City Council.
4. UNFINISHED BUSINESS: None.
City Council Minutes
September 2, 2009
Page 13
5. NEW BUSINESS:
5.A. AMENDMENT NO. 2 TO THE PALM DRIVE/GENE AUTRY TRAIL. AT
INTERSTATE 10 INTERCHANGE PROJECT REIMBURSEMENT
AGREEMENT:
David Barakian, City Engineer, provided background information as
outlined in the staff report dated September 2, 2009.
ACTION: 1) Approve Amendment No. 2 to Agreement No. A4195 with the
County of Riverside, City of Desert Hot Springs and the Coachella Valley
Association of Governments for the Palm Drive/Gene Autry Trail at
Interstate 10 Interchange Project, increasing the total authorized Measure
"A" amount by $14,490,240 to a total of $32,667,007 and amending the
total project cost to $38,808,720; 2) Authorize the City Manager to execute
all necessary documents; and 3) Direct staff to bring options to the City
Council at the Fiscal Year 2010-11 Budget discussion to include the
possibility of bonding, future Measure "A" funds, use of existing cash in
designated accounts, and use of redevelopment funds as sources of
funding to cover the City's share of the 1-10 project costs to CVAG. A4195.
Motion Councilmember Hutcheson, seconded by Councilmember
Weigel and unanimously carried on a roll call vote.
5.8. AMENDMENT NO. 2 TO THE CVAG REIMBURSEMENT AGREEMENT
FOR THE GENE AUTRY TRAIL FROM INTERSTATE 10 TO VISTA
CHINO PROJECT (CITY PROJECT NO. 01-04 AND 02-03):
David Barakian, City Engineer, provided background information as
outlined in the staff report dated September 2, 2009.
The City Council discussed and/or commented on the feasibility for an
entry way on Gene Autry Trail into the stores on the corner off Vista Chino
and Gene Autry.
ACTION: 1) Approve Amendment No. 2 to Agreement No. A4393 with
Coachella Valley Association of Governments, for the widening of Gene
Autry Trail between Interstate 10 and Vista Chino, increasing the total
authorized Measure "A" amount by $1,750,437.93 to a total of
$9,625,437.93, for the widening of Gene Autry Trail from Interstate 10 to
Vista Chino; 2) Authorize the City Manager to execute all necessary
documents. A4393. Motion Councilmember Hutcheson, seconded by
Councilmember Weigel.
Councilmember Mills stated he has a business related conflict of interest with
respect to Item 5.C., would not participate in the discussion or the vote, and left
Council Chamber.
City Council Minutes
September 2, 2009
Page 14
S.C. APPROVE THE EXCHANGE OF BOND FOR A RECORDED DEED OF
TRUST AS SECURITY FOR COMPLETION OF FUTURE
IMPROVEMENTS FOR THE PALERMO AND MURANO PROJECTS:
City Attorney Holland provided background information as outlined in the
staff report dated September 2, 2009.
The City Council commented and/or discussed the following: setting
precedence for similar situations, the value of the bond and why the City
would want to give up the bond, the deed of trust just clouds title, the
ramifications of the developer walking away.
MOTION: 1) Approve the exchange of the posted security bond for a deed
of trust as security from P.S. Venture Indian Canyon/San Rafael, LLC, for
completion of future improvements for the Palermo Project Tract Map
33661; 2) Approve the exchange of the posted security bond for a deed of
trust as security from PS Avenida Caballeros/San Rafael, LLC for
completion of future improvements for the Murano Project Tract Map
33933, and 3) Direct the City Clerk to execute Certificates of Acceptance
for the Deed of Trust. A5246. A5324. Motion Councilmember Weigel
failed for lack of second.
No action taken.
Councilmember Mills returned to the dais.
S.D. APPOINTMENT OF VARIOUS COMMISSIONERS AND BOARD
MEMBERS AS PART OF THE 2009 ANNUAL RECRUITMENT
PROCESS:
City Clerk Thompson provided background information as outlined in the
staff report dated September 2, 2009.
ACTION: 1) Reappoint Jeanne Mazur to the Public Arts Commission for
the term ending June 30, 2012; 2) Appoint Patrick Sheehan and David
Shipley to the Public Arts Commission for the term ending June 30, 2012;
3) Appoint Amy Sand to the Public Arts Commission for the unexpired
term ending June 30, 2010; and 4) Appoint Clinton Moore and Chuck
Conine to the Airport Commission for the term ending June 30, 2012.
Motion Councilmember Weigel, seconded by Mayor Pro Tom Mills
and unanimously carried on a roll call vote.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Weigel requested staff place on a future agenda further discussion of
the proposed smoking ordinance in Item 3.A.
City Council Minutes
September 2, 2009
Page 15
Councilmember Foat requested the City Manager review the concerns of Casa Sandra
Apartments with Palm Springs Disposal Service, requested staff review the San
Francisco Historic Site Ordinance, and commented on the memorial service for
Supervisor Roy Wilson-
Councilmember Mills requested the City Manager correct the build up of trash along the
North side of the Airport, correct the dead tree on the Tahquitz median just East of
Sunset, and noted the development of a new business information program.
Councilmember Hutcheson commented on the new business information program-
Mayor Pougnet wished Councilmember Mills and former Councilmember McCulloch
best wishes on their birthday.
ADJOURNMENT: The City Council adjourned in memory of Supervisor Roy Wilson,
at 9:29 p.m., to a Joint Meeting with the Parks and Recreation Commission and a
Regular Meeting, Wednesday, September 16, 2009, at 6:00 P.M. Council Chamber,
City Hall, preceded by a Closed Session at 3:00 P.M., Small Conference Room, City
Hall, 3200 East Tahquitz Canyon Way, Palm Springs-
APPROVED BY A MOTION or THE PALM SPRINGS CITY COUNCIL, THIS
16"" DAY OF SEPTEMBER, 2009.
STEPH N P- POUGNET, MAYOR
ATTEST:
ES THOMPSON, CITY CLERK