HomeMy WebLinkAbout2009-07-15 CC MINUTES CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
°' .
MINUTES
WEDNESDAY, JULY 15, 2009
Council Chamber
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:01 p.m.
PLEDGE OF ALLEGIANCE: Mayor Pougnet led the Pledge.
INVOCATION: Rabbi Sally Olins, Temple Isaiah, led the Invocation.
ROLL CALL,:
PRESENT: Councilmember Hutcheson, Councilmember Weigel, Mayor Pro
Tern Mills, and Mayor Pougnet.
ABSENT: Councilmember Foat.
ALSO PRESENT: City Manager Ready, Assistant City Attorney Diego Santana, City
Clerk Thompson.
PRESENTATIONS:
Mayor Pougnet and Councilmember Mills provided an update on the activities of the
Palm Springs Power Baseball.
Mayor Pougnet provided an update and status report on the Hyatt remodel project.
REPORT OF CLOSED SESSION: Assistant City Attorney Diego Santana 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:
City Clerk Thompson requested the City Council hear concurrently Public Hearing Items
1.C., 1.D., and Item 5.A., as the first public hearing as they concern the same project.
Mayor Pougnet requested the City Council hear Item 1.C., 1.D., 5.A., as the first public
hearing, and then Item I.B.
Councilmember Hutcheson noted his property related abstention on Item 2.F. and
requested Item 2.J. be removed from the Consent Calendar for separate discussion.
City Council Minutes
July 15, 2009
Page 2
Mayor Pro Tem Mills noted his business related abstention on Item 2.C. Warrant Nos.
1036441, 1036467, 1036483, 1036493, noted his business related abstention of Item
2.K., and requested Item 2.F. be removed from the Consent Calendar for separate
discussion.
ACTION: Accept the Agenda as amended. Motion Councilmember Hutcheson,
seconded by Mayor Pro Tem Mills and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Weigel, Mayor Pro Tem Mills,
and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Foat.
1. PUBLIC HEARINGS:
The City Council heard Items 1.C., 1.D., and S.A. concurrently as the first public
hearing. Mayor Pro Tem Mills stated he has a business related conflict of interest
with respect to Items 1.C., 1.D., and 5.A., stated he would not participate in the
discussion or the vote, and left Council Chamber-
I.C. AN APPLICATION BY SHERMAN LAS VEGAS HOUSING LLC FOR AN
AMENDMENT TO A PREVIOUSLY APPROVED PLANNED
DEVELOPMENT DISTRICT REVISING THE PDD FROM 32 SINGLE
FAMILY UNITS TO FIVE SINGLE FAMILY UNITS AND 73 MULTI-
FAMILY LOW AND MODERATE INCOME RENTAL UNITS IN ELEVEN,
ONE AND TWO STORY BUILDINGS WITH OFF-STREET PARKING
AND LANDSCAPING ON APPROXIMATELY 5.95 ACRES LOCATED
AT 301 ROSA PARKS ROAD, CASE 5.1037 AMND; PDD-309; TTM
33161:
Ken Lyon, Associate Planner, and Dale Cook, Economic Development
Administrator, provided background information as outlined in the staff
report dated July 15, 2009.
Mayor Pougnet opened the public hearing, and the following speaker
addressed the City Council.
RAUEL YOUNG, Applicant, requested the City Council approve the
amendment to the project, and the project financing application.
No further speakers coming forward, the public hearing was closed.
ACTION: Adopt Resolution No. 22542, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING AN AMENDMENT TO CASE 5.1037 - PLANNED
DEVELOPMENT DISTRICT 309 TO REVISE THE PROJECT FROM 32
SINGLE FAMILY RESIDENCES TO 5 SINGLE FAMILY RESIDENTIAL
UNITS AND 73 MULTI-FAMILY LOW AND MODERATE INCOME
City Council Minutes
July 15, 2009
Page 3
RESIDENTIAL UNITS WITH OFF-STREET PARKING AND
LANDSCAPING ON APPROXIMATELY 5.95 ACRES LOCATED AT 301
ROSA PARKS ROAD, ZONED PDD 309, SECTION 34/T3/R4 SUBJECT
TO REVISED CONDITIONS OF APPROVAL." Motion Councilmember
Hutcheson, seconded by Councilmember Weigel and unanimously
carried 3-0 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Weigel, and
Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Foat and Mayor Pro Tem Mills.
1.D. VISTA SAN JACINTO APARTMENTS, A PROPOSED ISSUANCE OF
TAX-EXEMPT MULTI-FAMILY HOUSING REVENUE BONDS BY THE
CALIFORNIA MUNICIPAL FINANCE AUTHORITY NOT TO EXCEED
$10,000,000 AGGREGATE PRINCIPAL AMOUNT FOR THE BENEFIT
OF THE SA INVESTMENT LLC, FOR THE ACQUISITION,
CONSTRUCTION, AND DEVELOPMENT AT 301 ROSA PARKS ROAD
IN THE DESERT HIGHLAND GATEWAY ESTATES NEIGHBORHOOD:
Dale Cook, Community Development Administrator, provided background
information as outlined in the staff report dated July 15, 2009.
Mayor Pougnet opened the public hearing, and the following speaker
addressed the City Council.
RAUEL YOUNG, Applicant, requested the City Council approve the
amendment to the project, and the project financing application.
No further speakers coming forward, the public hearing was closed.
ACTION: Adopt Resolution No. 22543, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING THE ISSUANCE OF TAX-EXEMPT MULTI-FAMILY
HOUSING REVENUE BONDS BY THE CALIFORNIA MUNICIPAL
FINANCE AUTHORITY NOT TO EXCEED $10,000,000 AGGREGATE
PRINCIPAL AMOUNT FOR THE BENEFIT OF THE SA INVESTMENT
LLC, A CALIFORNIA LIMITED LIABILITY PARTNERSHIP, FOR THE
ACQUISITION, CONSTRUCTION, AND DEVELOPMENT OF THE VISTA
SAN JACINTO APARTMENTS AT 301 ROSA PARKS ROAD." Motion
Councilmember Hutcheson, seconded by Councilmember Weigel
and unanimously carried 3-0 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Weigel, and
Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Foat and Mayor Pro Tern Mills.
City Council Minutes
July 15, 2009
Page 4
S.A. VISTA SAN JACINTO APARTMENTS, SUBMITTAL OF AN
APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT FOR THE FUNDING
AND PARTICIPATION IN THE HOME INVESTMENT PARTNERSHIPS
PROGRAM FOR THE DEVELOPMENT OF 301 ROSA PARKS ROAD IN
THE DESERT HIGHLAND GATEWAY ESTATES NEIGHBORHOOD:
ACTION: Adopt Resolution No. 22568, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING THE. SUBMITTAL OF AN APPLICATION TO THE
CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT FOR THE FUNDING UNDER THE HOME
INVESTMENT PARTNERSHIPS PROGRAM, THE EXECUTION OF A
STANDARD AGREEMENT IF SELECTED FOR SUCH FUNDING AND
AMENDMENTS THERETO, AND ANY RELATED DOCUMENTS
NECESSARY TO PARTICIPATE IN THE HOME INVESTMENT
PARTNERSHIPS PROGRAM FOR THE DEVELOPMENT OF THE VISTA
SAN JACINTO APARTMENTS AT 301 ROSA PARKS ROAD;" and 2)
Authorize the City Manager to execute all necessary documents. A5874.
Motion Councilmember Hutcheson, seconded by Councilmember
Weigel and unanimously carried 3-0 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Weigel, Mayor
Pro Tem Mills, and Mayor Pougnet,
NOES: None.
ABSENT: Councilmember Foat and Mayor Pro Tem Mills.
1I.S. PALM SPRINGS BUSINESS IMPROVEMENT DISTRICT, RECITING
AND APPROVING THE PROTEST PROCEEDINGS, CONSIDER THE
FISCAL YEAR 2009-10 LEVY OF ASSESSMENT FEES:
City Clerk Thompson provided background information as outlined in the
staff report dated July 15, 2009.
Councilmember Weigel requested staff address the BID assessments for
the prior year, commented on the success of the BID in prior years, and
stated his concerns with the current implementation of the BID.
Councilmember Hutcheson commented on the records and the protest
proceedings, requested the City address changes to the BID structure for
future years.
Mayor Pro Tem Mills commented on the history and the efforts involved
with the merchants to set the boundaries and the fee structure,
recommended the City Council approve the BID and requested the fee
structure and boundaries be reviewed by staff and the BID members.
City Council Minutes
July 15, 2009
Page 5
Mayor Pougnet stated his concerns with the BID, and requested City staff,
the BID Steering Committee, Main Street, and merchants review the BID
boundaries and fees and report to the City Council by December 31, 2009.
ACTION: 1) Adopt Resolution No. 22541, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECITING
THE FACT OF THE PROTEST PROCEEDINGS FOR THE LEVY AND
ASSESSMENT OF THE FISCAL YEAR 2009-10 PALM SPRINGS
BUSINESS IMPROVEMENT DISTRICT, TAKING NO ACTION ON THE
PROPOSED LEVY FOR FISCAL YEAR 2009-10, AND OTHER
ADMINISTRATIVE MATTERS AS REQUIRED," amending the Resolution
by adding a section providing for voluntary contributions to the BID to read
"Voluntary Contributions to the BID may be paid and accepted for Fiscal
Year_2009-10 pursuant to Section 3 of Ordinance No. 1709:" and 2) Direct
Main Street, the BID Steering Committee, and City Staff to meet and
address concerns with the BID and make recommendations to the City
Council prior to December 31, 2009. Motion Councilmember
Hutcheson, seconded by Councilmember Weigel and carried 3-1 on a
roll call vote.
AYES: Councilmember Hutcheson, Councilmember Weigel, and
Mayor Pougnet.
NOES: Mayor Pro Tern Mills.
ABSENT: Councilmember Foat.
1I.A. PUBLIC MEETING TO REVIEW SPECIAL EVENT GRANT FUNDING
PRIORITIES:
City Manager Ready provided background information as outlined in the
staff report dated July 15, 2009.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
SEIMA MOLO1, requested the City Council fund the 2010 Black History
Parade.
JOHN CONNELL, requested the City Council fund the Festival of Lights
Parade.
KARYN BARNES, requested funding for the Festival of Lights Parade.
JEREMY BARNES, requested the City Council fund the Festival of Lights
Parade.
RACHEL HANSON, requested the City Council fund the Festival of Lights
Parade.
City Council Minutes
July 15, 2009
Page 6
JARVIS CRAWFORD, requested the City Council fund Black History
Month Parade and Festival.
MONICA TURNER, requested the City Council fund the Black History
Month Parade and Festival.
KEITH McCORMICK, stated his support for the funding requests and
priorities, and recommended the City Council review City in-kind costs for
potential savings.
CRON JACKSON, commented on the treatment to the residents in the
Desert Highland area and requested the City Council fund the Black
History Month Parade and Festival.
JACQUES CAUSSIN, requested the City Council fund the Modernism
Week.
WES RANKINS, requested the City Council fund the Black History Month
Parade and Festival.
MARVIN WEISS, requested the City Council fund the Festival of Lights
Parade.
KIM McNULTY, requested the City Council fund the Festival of Lights
Parade.
BORIS ROSE, requested the City Council fund the Festival of Lights
Parade.
BARRY DAYTON, requested the City Council fund the Desert AIDS Walk,
and the Festival of Lights Parade.
No further speakers coming forward, the public hearing was closed.
The City Council commented and/or discussed the following with respect
to Special Events Funding: the elimination of American Heat Bike
Weekend, appropriating $50,000 toward funding all the other events,
funding events at 25% less, reducing all the events in an equal
proportional amount, quality of life and return on investment, requested
staff look for additional funding, and the elimination of funding of 4th of
July Fireworks.
ACTION: 1) Receive and file the Special Event Review Committee
Priorities; 2) Fund all events at the recommended 75% level; and 3) Direct
the City Manager to amend the budget and provide an additional $72,800
City Council Minutes
July 15, 2009
Page 7
funding. Motion Councilmember Weigel, seconded by Councilmember
Hutcheson and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Weigel, Mayor
Pro Tern Mills, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Foat.
The City Council recessed at 7:32 p.m.
The City Council reconvened at 7:45 p.m. Mayor Pougnet left the meeting, and
Mayor Pro Tern Mills chaired the remainder of the meeting.
I.E. ROSA GARDENS APARTMENTS, A PROPOSED ISSUANCE OF TAX
EXEMPT MULTI-FAMILY HOUSING REVENUE BONDS BY THE
CALIFORNIA MUNICIPAL FINANCE AUTHORITY NOT TO EXCEED
$13,000,000 AGGREGATE PRINCIPAL AMOUNT FOR THE BENEFIT
OF THE COACHELLA VALLEY HOUSING COALITION, FOR THE
ACQUISITION, CONSTRUCTION, AND DEVELOPMENT AT 555 ROSA
PARKS ROAD, IN THE DESERT HIGHLAND GATEWAY ESTATES
NEIGHBORHOOD:
Dale Cook, Community Development Administrator, provided background
information as outlined in the staff report dated July 15, 2009.
Mayor Pro Tern Mills opened the public hearing, and no speakers coming
forward the public hearing was closed.
ACTION: Adopt Resolution No. 22544, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING THE ISSUANCE OF TAX-EXEMPT MULTI-FAMILY
HOUSING REVENUE BONDS BY THE CALIFORNIA MUNICIPAL
FINANCE AUTHORITY NOT TO EXCEED $13,000,000 AGGREGATE
PRINCIPAL AMOUNT, FOR THE BENEFIT OF THE COACHELLA
VALLEY HOUSING COALITION, A CALIFORNIA NON-PROFIT PUBLIC
BENEFIT CORPORATION, FOR THE ACQUISITION, CONSTRUCTION,
AND DEVELOPMENT OF THE ROSA GARDENS APARTMENTS AT 555
ROSA PARKS ROAD." Motion Councilmember Weigel, seconded by
Councilmember Hutcheson and unanimously carried 3-0 on a roll call
vote.
AYES: Councilmember Hutcheson, Councilmember Weigel, and
Mayor Pro Tern Mills.
NOES: None.
ABSENT: Councilmember Foat and Mayor Pougnet.
City Council Minutes
July 15, 2009
Page 8
1.1`. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS CITYWIDE
STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS FOR
FISCAL YEAR 2009-10:
David Barakian, City Engineer, provided background information as
outlined in the staff report dated July 15, 2009.
Mayor Pro Tem Mills opened the public hearing, and no speakers coming
forward the public hearing was closed.
ACTION: 1. Open the public hearing and receive public testimony.
2. Adopt Resolution No. 22545, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL LEVY
REPORT FOR FISCAL YEAR 2009-10 FOR THE PALM SPRINGS
STREET LIGHTING MAINTENANCE DISTRICT NO. 3.
3. Adopt Resolution No. 22546, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING
THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL
YEAR 2009-10 WITHIN THE PALM SPRINGS STREET LIGHTING
MAINTENANCE DISTRICT NO. 3."
4. Adopt Resolution No. 22547, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL LEVY
REPORT FOR FISCAL YEAR 2009-10 FOR THE PALM SPRINGS
PARKWAY MAINTENANCE DISTRICT NO. 6A."
5. Adopt Resolution No. 22548, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING
THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL
YEAR 2009-10 WITHIN THE PALM SPRINGS PARKWAY
MAINTENANCE DISTRICT NO. 6A."
6. Adopt Resolution No. 22549, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL LEVY
REPORT FOR FISCAL YEAR 2009-10 FOR THE PALM SPRINGS
PARKWAY MAINTENANCE DISTRICT NO. 6C."
7. Adopt Resolution No. 22560, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING
THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL
YEAR 2009-10 WITHIN THE PALM SPRINGS PARKWAY
MAINTENANCE DISTRICT NO. 6C."
City Council Minutes
July 15, 2009
Page 9
S. Adopt Resolution No. 22551, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL LEVY
REPORT FOR FISCAL YEAR 2009-10 FOR THE PALM SPRINGS
PARKWAY MAINTENANCE DISTRICT NO. 7."
9. Adopt Resolution No. 22552, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING
THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL
YEAR 2009-10 WITHIN THE PALM SPRINGS PARKWAY
MAINTENANCE DISTRICT NO. 7."
10. Adopt Resolution No. 22553, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL LEVY
REPORT FOR FISCAL YEAR 2009-10 FOR THE PALM SPRINGS
PARKWAY MAINTENANCE DISTRICT NO. 8."
11. Adopt Resolution No. 22554, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING
THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL
YEAR 2009-10 WITHIN THE PALM SPRINGS PARKWAY
MAINTENANCE DISTRICT NO. 8."
12, Adopt Resolution No. 22555, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL LEVY
REPORT FOR FISCAL YEAR 2009-10 FOR THE PALM SPRINGS
PARKWAY MAINTENANCE DISTRICT NO. 9."
13. Adopt Resolution No. 22556, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING
THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL
YEAR 2009-10 WITHIN THE PALM SPRINGS PARKWAY
MAINTENANCE DISTRICT NO. 9."
14. Adopt Resolution No. 22557, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL LEVY
REPORT FOR FISCAL YEAR 2009-10 FOR THE PALM SPRINGS
PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 1 AND ZONE 2."
15. Adopt Resolution No. 22558, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING
THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL
City Council Minutes
July 15, 2009
Page 10
YEAR 2009-10 WITHIN THE PALM SPRINGS PARKWAY
MAINTENANCE DISTRICT NO. 10, ZONE 1 AND ZONE 2."
16. Adopt Resolution No. 22569, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL LEVY
REPORT FOR FISCAL YEAR 2009-10 FOR THE PALM SPRINGS
LANDSCAPE MAINTENANCE DISTRICT NO. 12."
17. Adopt Resolution No. 22560, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING
THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL
YEAR 2009-10 WITHIN THE PALM SPRINGS LANDSCAPE
MAINTENANCE DISTRICT NO. 12."
Motion Councilmember Hutcheson, seconded by Councilmember
Weigel and unanimously carried 3-0 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Weigel, and
Mayor Pro Tem Mills.
NOES: None.
ABSENT: Councilmember Foat and Mayor Pougnet.
PUBLIC COMMENT:
DR. RALPH VILLANI, Palm Springs, commented on pollution and Item 2.F. the San
Lorenzo Shoulder Paving Project.
SCOTT SWANSON, Palm Springs, commented on Item 2.F., the San Lorenzo Shoulder
Paving Project.
DARRON DAHLE, commented on the Business Improvement District.
JEFFREY JONES, Palm Springs, commented on Item 2.F., the San Lorenzo Shoulder
Paving Project.
COUNCILMEMBER COMMENTS:
Councilmember Mills provided an update on Census 2010.
CITY MANAGER'S REPORT: None.
2. CONSENT CALENDAR:
City Clerk Thompson requested the City Council table to the meeting of July 22,
2009, the following items' Items 2.C. Warrant Nos. 1036441, 1036467, 1036483,
1036493, Item 2.F., and Item 2.K.
City Council Minutes
July 15, 2009
Page 11
ACTION: Approve Items 2.A., 2.B., 2.C. (excluding Warrant Nos. 1036441,
1036467, 1036483, and 1036493), 2.D., 2.E., 2.G., 2.H., 2.1., 2.J., 21., 2.M.,
2.N., 2.0., 2.P., 2.Q., 2.R., 2.S., 27. Motion Councilmember Hutcheson,
seconded by Councilmember Weigel and unanimously carried 3-0 on a roll
call vote.
AYES: Councilmember Hutcheson, Councilmember Weigel, and Mayor
Pro Tern Mills.
NOES: None.
ABSENT: Councilmember Foat and Mayor Pougnet.
2.A. REPORT ON POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the July 15, 2009, City
Council Agenda. Approved as part of the Consent Calendar.
2.13. APPROVAL OF MINUTES:
ACTION: Approve the City Council and Community Redevelopment
Agency Regular Meeting Minutes of June 17, 2009, City Council Special
Meeting Minutes of June 24, 2009, and City Council Adjourned Regular
Meeting Minutes of June 24, 2009. Approved as part of the Consent
Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 22561, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1036298 THROUGH 1036414 IN THE AGGREGATE
AMOUNT OF $1,755,806.35, DRAWN ON BANK OF AMERICA;" 2) Adopt
Resolution No. 22562, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1036415
THROUGH 1036550 IN THE AGGREGATE AMOUNT OF $495,234.61,
DRAWN ON BANK OF AMERICA,` and 3) Adopt Resolution No. 22563,
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL
WARRANTS FOR THE PERIOD ENDED 6-27-09 BY WARRANTS
NUMBERED 414760 THROUGH 414819 TOTALING $124,660,96,
LIABILITY CHECKS NUMBERED 1036551 THROUGH 1036571
TOTALING $152,557.00, FIVE WIRE TRANSFERS FOR $401,269.50,
AND THREE ELECTRONIC ACH DEBITS OF $1,275,469.88, IN THE
AGGREGATE AMOUNT OF $1,953,857.34, DRAWN ON BANK OF
AMERICA." Approved as part of the Consent Calendar, removing
Warrant Nos. 1036441, 1036467, 1036483, and 1036493.
City Council Minutes
July 15, 2009
Page 12
2.D. STAFF AUTHORIZED AGREEMENTS FOR JUNE 2009:
ACTION: Receive and file Staff Authorized Agreements covering the
period June 1 through June 30, 2009. Approved as part of the Consent
Calendar.
2.E. APPROVAL OF PLANS AND SPECIFICATIONS AND
AUTHORIZATION TO BID THE JACKIE LEE HOUSTON PLAZA:
ACTION: 1) Approve the Plans, Specifications, and Working Details for
the Jackie Lee Houston Plaza at the Palm Springs Convention Center, CP
2008-18; and 2) Authorize the bid process. Approved as part of the
Consent Calendar.
2.G. ACCEPTANCE OF $36,975 IN GRANT FUNDING FROM THE EDWARD
BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM TO
FUND A YOUTH LAW ENFORCEMENT ACADEMY AT THE PALM
SPRINGS HIGH SCHOOL:
ACTION: 1) Accept $36,975 in grant funding from the U.S. Bureau of
Justice Assistance; and 2) Authorize the City Manager to execute all
necessary documents. A5719. Approved as part of the Consent
Calendar.
2.H. ACCEPTANCE OF $151,986 IN GRANT FUNDING FROM THE
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
PROGRAM TO FUND THE RENOVATION AND UPGRADE OF THE
EXISTING DOWNTOWN VIDEO MONITORING SYSTEM:
ACTION: 1) Accept $151,986 in grant funding from the U.S. Bureau of
Justice Assistance; and 2) Authorize the City Manager to execute all
necessary documents. A5719. Approved as part of the Consent
Calendar.
2.L IMPROVE/MODIFYIREHAB TERMINAL PROJECT FINAL CHANGE
ORDERS:
ACTION. 1) Approve Change Order No. 2 with Systems Integration
Corporation, Purchase Order No. 000898, for an increase of $4,060,
subject to the approval of the Federal Aviation Administration; 2) Approve
Change Order No. 6 to Agreement A5659, with Harbor Construction
Company, Inc., for an increase of $95,835, subject to the approval of the
Federal Aviation Administration; 3) Approve Amendment No. 6 to
Agreement No. A5488, with Allen F. Smoot & Associates, for a total of
$33,605.81, subject to the approval of the Federal Aviation Administration
for the applicable portion; and 4) Authorize the City Manager to execute all
necessary documents. A5659. A5488. Approved as part of the Consent
Calendar.
City Council Minutes
July 15, 2009
Page 13
21, AUTHORIZE MISCELLANEOUS MAINTENANCE AND REPAIR
EXPENDITURES FOR FISCAL YEAR 2009-10:
ACTION: Authorize issuance of purchase orders for the as-needed
purchase of Caterpillar repair parts from Johnson Power Systems in an
amount not to exceed $100,000 and carpet maintenance services from
DFS Flooring in the amount of $61,488. Approved as part of the
Consent Calendar.
2.M. AWARD CONTRACT FOR PEST CONTROL SERVICES FOR ALL CITY
FACILITIES:
ACTION: 1) Award a contract services agreement for Bid (IFB) 09-02,
Pest Control Services, for all city facilities utilizing Green Certified
insecticide concentrate to Riverside County Pest Control, for a 3-year term
at an annual fixed cost of$12,888 with 2 two-year renewal options; and 2)
Authorize the City Manager to execute all necessary documents. A5870.
Approved as part of the Consent Calendar.
2.N. APPROVAL OF AN ENCROACHMENT LICENSE WITH PRESCOTT
PLACE, LLC FOR A BUILDING OVERHANG SOLAR SHADE AND
CONCRETE BLOCK PLANTERS WITHIN RIGHT-OF-WAY LOCATED
AT 901 NORTH PALM CANYON DRIVE:
ACTION: 1) Approve an Encroachment License with Prescott Place, LLC,
authorizing construction of permanent encroachments into the public right-
of-way located at 901 North Palm Canyon Drive; 2) Authorize the City
Manager to execute all necessary documents; and 3) Direct the City Clerk
to record the Encroachment License with the Riverside County Recorder.
A5871. Approved as part of the Consent Calendar.
2.0. APPROVAL OF TRACT MAP 35999 AND A SUBDIVISION
IMPROVEMENT AGREEMENT WITH PRESCOTT PLACE LLC FOR A
ONE PARCEL TRACT MAP FOR MIXED USE COMMERCIAL AND
RESIDENTIAL CONDOMINIUMS LOCATED AT 901 NORTH PALM
CANYON DRIVE:
ACTION: 1) Adopt Resolution No. 22564, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING TRACT MAP 35999 FOR PROPERTY LOCATED AT 901
NORTH PALM CANYON DRIVE, IN SECTION 10, TOWNSHIP 4 SOUTH,
RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT
AGREEMENT WITH PRESCOTT PLACE LLC;" and 2) Authorize the City
Manager to execute all necessary documents. A5872. Approved as part
of the Consent Calendar.
2.P. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
PALM SPRINGS AND THE AGUA CALIENTE BAND OF CAHUILLA
City Council Minutes
July 15, 2009
Page 14
INDIANS REGARDING PROJECT CONTRIBUTIONS FOR THE
BELARDO ROAD BRIDGE AND ROADWAY PROJECT:
ACTION: 1) Adopt Resolution No. 22565, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF PALM SPRINGS AND THE AGUA CALIENTE BAND OF
CAHUILLA INDIANS REGARDING PROJECT CONTRIBUTIONS FOR
THE BELARDO ROAD BRIDGE AND ROADWAY PROJECT;" and 2)
Authorize the City Manager to execute all necessary documents. A5873.
Approved as part of the Consent Calendar.
2.Q. APPROVAL OF THE CITY OF PALM SPRINGS SANITARY SEWER
SYSTEM MANAGEMENT PLAN:
ACTION: Approve the City of Palm Springs Sanitary Sewer Management
Plan, including its elements consisting of the Sanitary Sewer Collection
System Emergency Response Plan, the Fats, Oils and Grease (FOG)
Control Program, and the Sanitary Sewer Master Plan (February 2009), in
compliance with the Statewide General Waste Discharge Requirements
for Sanitary Sewer Systems, State Water Resources Control Board Order
No. 2006-0003-DWQ. Approved as part of the Consent Calendar,
2.R. ACCEPTANCE OF $236,521 IN GRANT FUNDING FROM THE
CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) FOR A DRIVING
UNDER THE INFLUENCE (DUI) ENFORCEMENT AND AWARENESS
PROJECT:
ACTION: 1) Accept $236,521 in grant funding from the California Office of
Traffic Safety for a DUI Enforcement and Awareness Project; and 2)
Authorize the City Manager to execute all necessary documents. A5521.
Approved as part of the Consent Calendar.
2.5. MEMORANDUM OF UNDERSTANDING WITH THE PALM SPRINGS
FIRE SAFETY UNIT:
ACTION: 1) Adopt Resolution No. 22566, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A MEMORANDUM OF UNDERSTANDING RELATIVE TO
WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF
EMPLOYMENT FOR EMPLOYEES IN THE PALM SPRINGS FIRE
SAFETY UNIT (PSFSU), FOR THE PERIOD JULY 1, 2009, THROUGH
JUNE 30, 2011, SUBJECT TO UNIT'S RATIFICATION AND EXECUTING
THE MEMORANDUM OF UNDERSTANDING;" and 2) Authorize the City
Manager to execute all necessary documents. A5364. Approved as part
of the Consent Calendar.
City Council Minutes
July 15, 2009
Page 15
2.T. MEMORANDUM OF UNDERSTANDING WITH THE PALM SPRINGS
POLICE OFFICERS ASSOCIATION:
ACTION: 1) Adopt Resolution No. 22567, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A MEMORANDUM OF UNDERSTANDING RELATIVE TO
WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF
EMPLOYMENT FOR EMPLOYEES IN THE PALM SPRINGS POLICE
OFFICERS ASSOCIATION (PSPOA), FOR THE PERIOD JULY 1, 2009,
THROUGH JUNE 30, 2010, SUBJECT TO UNIT'S RATIFICATION AND
EXECUTING THE MEMORANDUM OF UNDERSTANDING;" and 2)
Authorize the City Manager to execute all necessary documents. A5340.
Approved as part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2.F. APPROVAL OF PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID THE SAN LORENZO SHOULDER PAVING
PROJECT, CP 08-05:
ACTION: Tabled to July 22, 2009.
2.J. AWARD OF BID IFB 09-03 FOR PALM TREE TRIMMING AT VARIOUS
LOCATIONS IN THE CITY OF PALM SPRINGS:
ACTION: 1) Award a purchase order contract for Bid (IFB) 09-03, Schedule A,
the base bid per our existing practice for Palm Tree Trimming at various locations
in the City of Palm Springs to So Cal Tree Care Inc. based on unit prices per tree
for a projected cost of $50,358.60; and 2) Award a purchase order contract for
Schedule B for additional trimming (cleanly shearing frond skirts of California Fan
Palms to 12' clearance and removal of dry fronds and skinning of Mexican Fan
Palms in designated sections of the downtown, Tahquitz corridor, City Hall and
Airport) to So Cal Tree Care Inc. on unit prices per tree for a projected cost of
$26,977.00. Motion Councilmember Hutcheson, seconded by
Councilmember Weigel and unanimously carried 3-0 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Weigel, and Mayor
Pro Tem Mills.
NOES: None.
ABSENT: Councilmember Foat and Mayor Pougnet.
2.K. AMENDMENT NO. 2 TO AGREEMENT NO. A0125 WITH PALM SPRINGS
UNIFIED SCHOOL DISTRICT EXTENDING THE TERM ONE-YEAR TO JUNE
30, 2011, AND INCREASING THE RENT TO $5,933.16 PER MONTH
EFFECTIVE JULY 1, 2010;
ACTION: Tabled to July 22, 2009.
City Council Minutes
July 15, 2009
Page 16
3. LEGISLATIVE:
3.A. AN AMENDMENT TO THE PALM SPRINGS MUNICIPAL CODE TO
ALLOW THE CITY MANAGER TO SUSPEND CERTAIN REGULATORY
ORDINANCES FOR SPECIAL EVENTS OF BENEFIT TO THE
COMMUNITY AND ITS VISITOR ORIENTED ECONOMY:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated July 15, 2009.
ACTION: 1) Waive the reading of the ordinance text in its entirety and
read by title only; and 2) Introduce for first reading Ordinance No. 1761,
"AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTIONS 6.12.030 AND 6.12.040 OF THE PALM
SPRINGS MUNICIPAL CODE PERTAINING TO SUSPENSION OF
REGULATORY ORDINANCES." Motion Councilmember Hutcheson,
seconded by Councilmember Weigel and unanimously carried 3-0 on
a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Weigel, and
Mayor Pro Tern Mills.
NOES: None.
ABSENT: Councilmember Foat and Mayor Pougnet.
113, AN AMENDMENT TO THE PALM SPRINGS MUNICIPAL CODE,
INCREASING THE MEMBERSHIP OF THE VILLAGEFEST BOARD TO
SEVEN MEMBERS:
ACTION: 1) Waive the reading of the ordinance text in its entirety and
read by title only; and 2) Introduce for first reading Ordinance No. 1762,
"AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 2.22.010 OF THE PALM SPRINGS MUNICIPAL
CODE, INCREASING THE MEMBERSHIP OF THE VILLAGEFEST
BOARD TO SEVEN MEMBERS." Motion Councilmember Hutcheson,
seconded by Councilmember Weigel and unanimously carried 3-0 on
a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Weigel, and
Mayor Pro Tem Mills.
NOES: None,
ABSENT: Councilmember Foat and Mayor Pougnet.
4. UNFINISHED BUSINESS: None.
City Council Minutes
July 15, 2009
Page 17
5. NEW BUSINESS:
S.A. VISTA SAN JACINTO APARTMENTS, SUBMITTAL OF AN
APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT FOR THE FUNDING
AND PARTICIPATION IN THE HOME INVESTMENT PARTNERSHIPS
PROGRAM FOR THE DEVELOPMENT OF 301 ROSA PARKS ROAD IN
THE DESERT HIGHLAND GATEWAY ESTATES NEIGHBORHOOD:
Item 5.A. was heard under Public Hearings.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: None.
ADJOURNMENT: The City Council adjourned at 8:15 p.m. to an Adjourned Regular
Meeting, Wednesday, July 22, 2009, at 6:00 P.M. 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.
ND APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS
2 DAY OF SEPTEMBER, 2009.
STEP EN P. POUGNE• AYOR
ATTEST:
_ AMES THOMPSON, CITY CLERK