HomeMy WebLinkAbout10/7/2009 - STAFF REPORTS - 2.B.CITY COUNCIL
COMMUNITY REDEVELOPMENT AGENCY
PARKS AND RECREATION COMMISSION
CITY OF PALM SPRINGS, CALIFORNIA
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MINUTES
WEDNESDAY, SEPTEMBER 16, 2009
Council Chamber
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:09 p.m.
PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard, led the
Pledge.
INVOCATION
Invocation.
ROLL CALL:
PRESENT:
COMMISSION:
Pastor David Sanger, Our Savior's Community Church, led the
ABSENT:
ALSO PRESENT:
PRESENTATIONS:
Councilmember Foat, Councilmember Hutcheson, Councilmember
Weigel, Mayor Pro Tern Mills, and Mayor Pougnet.
Commissioners Borba, Bowens, Meredith, Scott, Sims and Starky,
Vice -Chair Elsner, and Chair McCormick.
None.
City Manager Ready, City Attorney Holland, City Clerk Thompson.
Police Chief Dominguez administered the Oath of Office to new Police Officer Joel
Aguilera, and announced recent Police Department promotions.
Mayor Pougnet presented Certificates of Recognition to leaders in the Latino civic and
business community in recognition of Latino Heritage Month, and their contribution to
the community.
Fire Chief Goetz provided an update with respect to disaster preparedness.
Mayor Pougnet announced recent events the Mayor's 9-11 presentation at St. Theresa
School, the recent installation of new officers of Mizell Senior Center, and the Sun
Center Grand Opening.
Councilmember Mills reported on Census 2010.
ITEM NO. 2 - a
City Council Minutes
September 16, 2009
Page 2
REPORT OF CLOSED SESSION: The meeting was called to order at 3:00 p.m., and
City Attorney Holland requested the City Council add two Items to the Closed Session
Agenda:
Pursuant to Government Code Section 54856.9(a), Conference with Legal Counsel
Existing Litigation, Ravmond A. Miller 111 v. City of Palm Sorinos, Case No. INC 083791,
Riverside Superior Court Indio Division. City Attorney Holland stated information
regarding this litigation was received after the posting of the Agenda, and there is an
immediate need to hear and/or take action on the Item.
ACTION: 1) Make the finding that the Item came to the attention of the City after the
posting of the Agenda, and there is an immediate need to hear and/or take action on the
Item; and 2) Add the following Item to Closed Session Agenda, G.C. 54856.9(a)
Conference with Legal Counsel Existing Litigation, Ravmond A_ Miller 111 v. Citv of Palm
5prinps, Case No. INC 083791, Riverside Superior Court Indio Division. Motion Mayor
Pougnet, seconded by Mayor Pro Tom Mills and unanimously carried (5-0).
Pursuant to Government Code Section 54956.8, Conference with Real Property
Negotiator, for the property described as a 115 acre parcel North West corner of North
Palm Canyon Drive and Tramview, Palm Springs, City Negotiator, David Ready, City
Manager, Negotiating Parties, John Kalish, Field Manager, Bureau of Land
Management, Price and Terms of Payment (Purchase). City Attorney Holland stated
information regarding this property was received after the posting of the Agenda, and
there is an immediate need to hear and/or take action on the Item.
Councilmember Mills stated he has a business related conflict of interest with respect to
the negotiations with the Bureau of Land Management, would not participate in the
discussion or the vote to add the Item to the Agenda, and left Council Chamber.
ACTION: 1) Make the finding that the Item came to the attention of the City after the
posting of the Agenda, and there is an immediate need to hear and/or take action on the
Item; and 2) Add the following Item to Closed Session Agenda, G.C. 54956.8
Conference with Real Property Negotiator, for the property described as a 115 acre
parcel North West corner of North Palm Canyon Drive and Tramview, Palm Springs,
City Negotiator, David Ready, City Manager, Negotiating Parties, John Kalish, Field
Manager, Bureau of Land Management, Price and Terms of Payment (Purchase).
Motion Councilmember Hutcheson, seconded by Councilmember Weigel and
unanimously carried (4-0) noting the absence of Councilmember Mills.
City Attorney Holland stated the City Council recessed into Closed Session to discuss
Items on the Closed Session Agenda. The City Council provided direction to the City
Attorney on the four Existing Litigation cases on the Agenda, no reportable actions were
taken.
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City Council Minutes
September 16, 2009
Page 3
ACCEPTANCE OF THE AGENDA:
Mayor Pro Tern Mills noted his business related abstention on Item 2.C., Warrant No.
1037500.
ACTION: Accept the Agenda as presented. Motion Councilmember Weigel,
seconded by Councilmember Hutcheson and unanimously carried on a roll call
vote.
1. JOINT MEETING OF THE CITY COUNCIL AND THE PARKS AND
RECREATION COMMISSION;
1.A. PARKS AND RECREATION COMMISSION REPORT ON RECENT
ACCOMPLISHMENTS, DISCUSS GOALS AND UPCOMING
PROJECTS, AND THE PARKS AND RECREATION MASTER PLAN:
The Members of the Parks and Recreation Commission introduced
themselves.
Sharon Heider, Director of Parks and Recreation provided an overview of
the Parks and Recreation Department and the programs.
Commission Chair McCormick provided an overview of accomplishments
of the Commission: relationship with the Parks and Recreation Director
and staff, trail heads and signage, eco tourism projects, the condition and
improvements at the City's parks, and the Tahquitz Creek Master Plan.
Director Heider presented an overview of the process for the development
of a Parks and Recreation Master Plan.
The City Council and the Commission discussed and/or commented on
the following: the condition of Palm Springs Stadium, the synergy between
the Commission and the staff, easements and parking required for the
trails project, identification of bike lanes and maintenance of bike lanes in
the City, loss of shade in the parks due to windstorm damage, inventory
and recommendations for shade for children's area, bicycle trails lack of
signage, lack of bicycle trails in some areas in the City, attention to the
pocket parks, identification of opportunities for gifts to the City for
recreation and recreation projects, best practices to support the parks in
the City, alternative funding to meet needs in the current economic
environment, cleanliness of the parks, involvement of the surrounding
cities and their input in developing the Parks Master Plan, security at the
Palm Springs Skate Park, the benefits of the Palm Springs swim center,
and smart scalping of grass in City parks.
No action taken.
City Council Minutes
September 16, 2009
Page 4
The Parks and Recreation Commission adjourned at 7:30 p.m., and the City
Council recessed.
The City Council reconvened at 7:38 p.m.
1. PUBLIC HEARINGS:
I.B. DESIGNATION OF THE OASIS COMMERCIAL BUILDING AT 101-121
S. PALM CANYON DRIVE AS A CLASS 1 HISTORIC SITE (HSPB 55):
ACTION: 1) The City Council closed the public testimony on July 22,
2009; 2) Continue the City Council deliberations to October 7, 2009; and
3) Direct the City Clerk to post a Notice of Continued Public Hearing.
Motion Mayor Pro Tern Mills, seconded by Councilmember Weigel
and unanimously carried on a roll call vote.
I.C. VACATION OF A PORTION OF RIGHT-OF-WAY FOR DESERT WAY
AT THE SOUTHWEST CORNER OF RAMON ROAD, FILE R 09-01:
David Barakian, City Engineer, provided background information as
outlined in the staff report dated September 16, 2009.
Mayor Pougnet opened the public hearing, and no speakers coming
forward the public hearing was closed.
ACTION: Adopt Resolution No. 22593, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, VACATING
AND ABANDONING ALL OF ITS RIGHT, TITLE, AND INTEREST IN A
PORTION OF PUBLIC RIGHT-OF-WAY DEDICATED FOR DESERT
WAY AT THE SOUTHWEST CORNER OF RAMON ROAD, SECTION 19,
TOWNSHIP 4 SOUTH, RANGE 5 EAST, FILE R 09-01." Motion Mayor
Pro Tom Mills, seconded by Councilmember Hutcheson and
unanimously carried on a roll call vote.
PUBLIC COMMENT:
PHYLLIS BURGESS, Palm Springs, commented on the proposed Riverside County
Homeless Shelter, and the effects of Proposition 8.
VALERIE ZUGATES, Palm Springs Chamber of Commerce, commented on
improvements pertaining to members of the Chamber, and noted significant
improvements with the City and the Planning Department toward the local business
community.
ROXANNE MISHLER, commented on the BID Labor Day Weekend promotion for Palm
Springs Carriages.
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City Council Minutes
September 16, 2009
Page 5
JOHN TYMON, stated his support for Item 2.J., the land lease for the proposed new Air
Traffic Control Tower.
CITY MANAGER'S REPORT: City Manager Ready presented an employee spotlight
featuring staff at the Palm Springs Animal Shelter.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.6., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.1., 2.J., and
2.K. Motion Councilmember Weigel, seconded by Councilmember
Hutcheson 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 16,
2009, City Council Agenda. Approved as part of the Consent Calendar.
2.13. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of September 2, 2009.
Approved as part of the Consent Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 22594, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIM AND DEMAND BY WARRANT
NUMBERED 1037464 IN THE AMOUNT OF $6,000.00, DRAWN ON
BANK OF AMERICA;" 2) Adopt Resolution No. 22595, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR
THE PERIOD ENDED 8-22-09 BY WARRANTS NUMBERED 414949
THROUGH 414990 TOTALING $55,989.06, LIABILITY CHECKS
NUMBERED 1037465 THROUGH 1037485 TOTALING $142,927.32,
FIVE, WIRE TRANSFERS FOR $53,204.68, AND THREE ELECTRONIC
ACH DEBITS OF $1,070,947.22, IN THE AGGREGATE AMOUNT OF
$1,323,068.28, DRAWN ON BANK OF AMERICA;" 3) Adopt Resolution
No. 22596, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS
AND DEMANDS BY WARRANTS NUMBERED 1037486 THROUGH
1037556 IN THE AGGREGATE AMOUNT OF $1,075,591.19, DRAWN
ON BANK OF AMERICA;" and 4) Adopt Resolution No. 22597, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND
DEMANDS BY WARRANTS NUMBERED 1037557 THROUGH 1037656
IN THE AGGREGATE AMOUNT OF $850,320.14, DRAWN ON BANK OF
AMERICA,". Approved as part of the Consent Calendar, noting the
business related abstention of Mayor Pro Tern Mills on Warrant No.
1037500.
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City Council Minutes
September 16, 2009
Page 6
2.D. STAFF AUTHORIZED AGREEMENTS FOR AUGUST, 2009:
ACTION: Receive and file Staff Authorized Agreements covering the
period August 1 through August 31, 2009. Approved as part of the
Consent Calendar.
2.E. TREASURER'S INVESTMENT REPORT AS OF JULY 31, 2009:
ACTION: Receive and file the Treasurer's Investment Report as of July
31, 2009. Approved as part of the Consent Calendar.
2.17. JOINT ITEM CITY COUNCIL AND COMMUNITY REDEVELOPMENT
AGENCY WITH RESPECT TO CALIFORNIA HEALTH AND SAFETY
CODE SECTION 33130 REDEVELOPMENT AREA PROPERTY
DISCLOSURES:
ACTION: Receive and file the California Health and Safety Code Section
33130 Project Area Property Disclosures for: 1) Planning Commissioner
Doug Hudson [disclosing interests at 400 North Palm Canyon Drive "Port
Lawrence"]; and 2) Leslie Munger [no reportable interests]. Approved as
part of the Consent Calendar.
2.G. AWARD OF CONSTRUCTION CONTRACT FOR THE JACKIE LEE
HOUSTON PLAZA PROJECT (CP 08-18):
ACTION: 1) Award the construction contract to Doug Wall Construction, in
the amount of $521,729.99, for the Jackie Lee Houston Plaza Project, (CP
08-18); 2) Adopt Resolution No. 22598, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
THE BUDGET FOR FISCAL YEAR 2009-10 FOR THE CONSTRUCTION
OF THE JACKIE LEE HOUSTON PLAZA PROJECT (CP 08-18);'" and 3)
Authorize the City Manager to execute all necessary documents. A5897.
Approved as part of the Consent Calendar.
2.H. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF PALM
DESERT TO THE PALM SPRINGS INTERNATIONAL AIRPORT
COMMISSION FOR THE TERM ENDING JUNE 30, 2012;
ACTION: Reappoint Rolf Hoehn, as the City of Palm Desert
representative, to the Palm Springs International Airport Commission for
the term ending June 30, 2012. Approved as part of the Consent
Calendar.
2.1. LICENSE AGREEMENT WITH U.S. ENTERPRISES FOR OFFICE
SPACE IN THE AIRPORT TERMINAL FROM SEPTEMBER 16, 2009,
THROUGH OCTOBER 31, 2014:
ACTION: 1) Approve a Real Property License Agreement with U.S.
Enterprises, Inc., doing business as Corey Airport Services, effective
September 16, 2009, through October 31, 2014, for an onsite advertising
office at the rate of $440.00 per month; and 2) Authorize the City Manager
in
City Council Minutes
September 16, 2009
Page 7
to execute all necessary documents. A5898. Approved as part of the
Consent Calendar.
2.J. APPROVAL OF A LAND LEASE WITH U.S. DEPARTMENT OF
TRANSPORTATION EFFECTIVE MARCH 1, 2010, THROUGH
SEPTEMBER 30, 2050, FOR THE PROPOSED NEW AIR TRAFFIC
CONTROL TOWER:
ACTION: 1) Approve Agreement No. DTFAWP 09-L-00028 with the U.S.
Department of Transportation effective March 1, 2010, through September
30, 2050, with no monetary consideration, Land Lease on -Airport, for the
purpose of a new Air Traffic Control Tower at Palm Springs International
Airport; and 2) Authorize the City Manager to execute all necessary
documents. A5899. Approved as part of the Consent Calendar.
2.K. CONSTRUCTION COOPERATIVE AGREEMENT RELATED TO THE
INDIAN CANYON DRIVE AT INTERSTATE 10 INTERCHANGE
PROJECT, CP 00-14:
ACTION: 1) Approve a Construction Cooperative Agreement between the
State of California Department of Transportation ("Caltrans"), the City of
Palm Springs, and the County of Riverside related to the Indian Canyon
Drive at Interstate 10 Interchange Project, CP 00-14; and 2) Authorize the
City Manager to execute all necessary documents. A5900. Approved as
part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR: None.
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Councilmember Foat commented on the success of the 2-1-1 program for social service
emergencies, requested City staff promote the 2-1-1 system on the City's website, and
requested the NO] receive a presentation from Public Health Officials on the Swine Flu
and information be posted on the City's website.
3. LEGISLATIVE:
3.A. PROPOSED ORDINANCE RELATING TO THE ESTABLISHMENT OF A
STOREFRONT IMPROVEMENT PROGRAM FOR VACANT
BUILDINGS:
Thomas Wilson, Assistant City Manager, provided background information
on the further development of the Ordinance based on City Council input
at the September 2, 2009, meeting.
The City Council discussed and/or commented on the following with
respect to the establishment of a Storefront Improvement Program: the
pro -ration of registration fees, amending Section 1 to include "vacated
City Council Minutes
September 16, 2009
Page 8
commercial buildings or portions thereof," adding a provision to remove
signs as tenants move out, and amending Section 8.80.070(b)(5).
ACTION: 1) Waive the reading of the full text of the Ordinance, and
introduce by title only, and 2) Introduce for first reading Ordinance No.
1763, "AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 8.80.020 AND 8,80.040 OF, AND
AMENDING SUBSECTION (a) OF SECTION 8.80.030 AND
SUBSECTION (b) OF SECTION 8.80.070 OF, THE PALM SPRINGS
MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF A
STOREFRONT IMPROVEMENT PROGRAM FOR VACANT
BUILDINGS," amending Section 1 by appending "vacated commercial
buildings or ,vortions thereof," amending Section 4 Subsection (b)(5) to
read "To establish and enforce rules and regulations for the
implementation and compliance with the Store Front Improvement
Program as described in Section 8. 80.020, " and the addition of a provision
for the removal of establishment signs when the property or a portion
thereof is vacated. Motion Councilmember Hutcheson, seconded by
Councilmember Weigel and unanimously carried on a roll call vote.
4. UNFINISHED BUSINESS:
4.A. ACCEPTANCE OF $1,689,840 IN FEDERAL GRANT FUNDS, OVER A
THREE YEAR PERIOD, UNDER THE 2009 COMMUNITY ORIENTED
POLICING HIRING RECOVERY PROGRAM:
Police Chief Dominguez provided background information as outlined in
the staff report dated September 16, 2009.
ACTION: 1) Accept the 2009 CHRP grant award in the amount of
$1,689,840 from the United States Department of Justice Office of
Community Oriented Police (COPS); and 2) Authorize the City Manager to
execute any necessary documents. A5901. Motion Councilmember
Weigel, seconded by Mayor Pro Tem Mills and unanimously carried
on a roll call vote.
5. NEW BUSINESS:
5.A. APPOINTMENT OF A PARKS MASTER PLAN CITY COUNCIL
SUBCOMMITTEE:
ACTION: Appoint Councilmember Weigel and Mayor Pro Tern Mills to the
Parks Master Plan City Council Subcommittee. Motion Mayor Pougnet,
seconded by Councilmember Hutcheson and unanimously carried
on a roll call vote.
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City Council Minutes
September 16, 2009
Page 9
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Hutcheson commented on the success of the Palm Springs Sunup
Rotary Club shoe program that resulted in the donation of 3,200 pairs of shoes to the
community.
ADJOURNMENT: The City Council adjourned at 8:17 p.m. to a Regular Meeting,
Wednesday, October 7, 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.
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 77H DAY
OF OCTOBER, 2009.
STEPHEN P. POUGNET. MAYOR
ATTEST:
JAMES THOMPSON. CITY CLERK
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