HomeMy WebLinkAbout1/13/2016 - STAFF REPORTS - 2.P.a CLM
CITY COUNCIL STAFF REPORT
DATE: January 13, 2016 CONSENT AGENDA
SUBJECT: MILLS ACT HISTORIC SITE CONTRACT — 235 EAST TWIN PALMS
DRIVE (RSPB #73 / HD-2 ROYAL HAWAIIAN ESTATES)
FROM: David H. Ready, City Manager
BY: Planning Services
SUMMARY
This action would engage the City of Palm Springs into a standard Mills Act Agreement
with Robert P. Schaffer and Alan L. Pass, owners of 235 East Twin Palms Drive Unit
28, (APN 511-070-015) and the Royal Hawaiian Estates Homeowners Association. The
intent of this contract is to require maintenance and preservation of this Class 1 historic
site in exchange for possible property tax relief as calculated by the County of
Riverside.
RECOMMENDATION:
1. Approve a Mills Act Historic Property Agreement between the City of Palm
Springs and Robert P. Schaffer and Alan L. Pass, and the Royal Hawaiian
Estates Homeowners Association, for 235 East Twin Palms Drive, a Class 1
historic site (HSPB #73 / HD-2).
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement.
STAFF ANALYSIS:
On February 3, 2010, the City Council designated the Royal Hawaiian Estates a Historic
District (HSPB #73 / Historic District #2). The Royal Hawaiian Estates Historic District is
comprised of forty residences on roughly five acres. The residence at 235 East Twin
Palms Drive is one of the residences defined as a contributing structure in the historic
district.
Pursuant with California Government Code Section 50280 — 50290 upon the application
of an owner of any qualified historic property, the legislative body of a city may contract
with the owner or agent to restrict the use of the property to carry out the purposes and
ITEM NO. �P
City Council Staff Report Page 2 of 2
January 13, 2016
Mills Act — 235 East Twin Palm Drive — Condo in the Royal Hawaiian Estates Historic District
goals of historic preservation of the property. Such a contract is commonly referred to
as a "Mills Act Agreement" and it provides for possible alternative property tax rate
calculations in exchange for specific and ongoing preservation and maintenance of the
property, specifically its historically significant elements and characteristics.
The property at 235 East Twin Palms Drive has been deemed a "contributing structure"
within the Royal Hawaiian Estates Historic District. Pursuant to Municipal Code Section
8.05.125, contributing structures in a historic district are subject to Class 1 regulations
and are designated Class 1 historic sites. State of California Governmental Code
Section 50280.1 denotes that properties that are eligible for application of a Mills Act
contract must be listed in a state, city, county official register of historic sites. As such,
235 East Twin Palms Drive is qualified for a Mills Act Contract.
At Royal Hawaiian Estates, routine maintenance and upkeep of the building exteriors
and grounds is a shared responsibility of the home -owners association (HOA) and the
individual unit owners. Because of this shared responsibility, the Mills Act Agreement in
this particular case has been drafted with both the homeowners and the HOA as parties
to the agreement. If, in the future, other individual home owners at the Royal Hawaiian
wish to pursue a Mills Act Agreement, the same contractual arrangement would apply.
FISCAL IMPACT: None
There is no known fiscal impact upon the city as a result of this recommended action.
=
Flinn Fagg, AIC� � Marcus L. Fuller, MPA, P.E., P.L.S.
Director of Planning Services Assistant City Manager / City Engineer
David H. Ready, Esq.,
City Manager
Attachments:
• Vicinity Map
• City Council Action Summary (excerpts) dated February 3, 2010
Applicant letters.
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Department of Planning Services
Vicinity Map
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FREE RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92263-2743
Attn: City Clerk
HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement ("Agreement') is made this 13th day of Januarv, 2016 by
and between the City of Palm Springs, a charter city and municipal corporation ("City") and Robert P.
Schaffer and Alan L. Pass ("Owners").
RECITALS:
A. California Government Code Sections 50280, et seq. (the "State Law"), as may be amended from
time to time, authorizes cities to enter into contracts with the owners of qualified historical property
to provide for the use, maintenance, protection, and restoration of such historical property so as to
retain its characteristics as a property of historical significance.
B. The Owners possess fee title in and to that certain real property, together with associated
structures and improvements thereon, generally located at the street address 235 E Twin Palms
Drive, Palm Springs, California ("Historic Property"). A legal description of the Historic Property is
attached hereto as Exhibit A and is incorporated herein by this reference.
C. On February 3. 2010 (the "Approval Date"), the City Council of the City of Palm Springs
("Council') approved Resolution 22657 designating the Property a Class 1 historic site, pursuant
to the terms and provisions of Chapter 8.05 of the Palm Springs Municipal Code (the "City Code").
D. The HOA is comprised of forty (40) residential units on a roughly five (5) acre parcel. Each of the
forty residential units is considered "a contributing structure" pursuant to the City of Palm Springs
Municipal Section 8.05.125. The HOA pursuant to applicable covenants, conditions, and
restrictions has the responsibility of enforcing building and maintenance requirements of the
owners of the residential units. The subject unit at 235 East Twin Palms Drive has been
determined to be one of the contributing structures within HSPB #73 / Historic District No. 2 and
as such is subject to Class 1 regulations as described in Municipal Code Section 8.05. As a Class
1 historic site within Historic District #2, 235 East Twin Palms Drive is eligible to be the subject of
a Mills Act Historic Property Preservation Agreement. The physical historic character -defining
features of the buildings in HD#2 are:
a. Exaggerated gables over the ends of the buildings with vertical trim pieces along the
gables.
b. Projecting slanted ridge beams.
C. Elaborately detailed wooden Tiki-Style elements.
d. Triangular clerestory windows and vaulted ceilings.
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e. Large stylized "Outrigger", "Flying Sevens".
f. Orange painted cement plaster triangle as part of "outriggers".
g. Wood diagonal siding.
h. Natural rock building walls.
i. Concrete block screen at pool painted orange.
j. Tiki-Style statues and stone carvings
E. The City and the Owners desire to enter into this Agreement for the purpose of protecting and
preserving the characteristics of historical significance of the Historic Property, in accordance with
the State Law; to help preserve the Palm Springs community's own unique civic identity and
character; and to qualify the Historic Property for an assessment of valuation pursuant to Revenue
and Taxation Code Section 439.2 and any corresponding adjustment in property taxes resulting
therefrom.
AGREEMENT
NOW, THEREFORE, the City and the Owner, in consideration of the mutual covenants and conditions
set forth herein, agree as follows:
1. Effective Date and Term of Aqreement. This Agreement shall be effective and commence on
January 13, 2016 ("Effective Date") and shall remain in effect for a minimum term of ten (10) years
thereafter. Each year upon the anniversary of the Effective Date ("Renewal Date"), an additional one (1)
year shall automatically be added to the remaining term of the Agreement unless a notice of nonrenewal
is delivered as provided in Section 2 of this Agreement.
2. Non -Renewal and Cancellation. If either the Owner or the City desire in any year not to renew this
Agreement, the Owner or the City shall serve a written notice of nonrenewal upon the party in advance of
the Renewal Date ("Notice of Nonrenewal"). The Notice of Nonrenewal shall be effective only if served
by the Owner upon the City at least ninety (90) days prior to the Renewal Date, or if served by the City
upon the Owner, the Notice of Nonrenewal shall be effective only if served upon the Owner at least sixty
(60) days prior to the Renewal Date. If either the City or the Owner serves a Notice of Nonrenewal in any
year, this Agreement shall remain in effect for the balance of the term then remaining from the last
Renewal Date (or from the Effective Date if no Renewal Date has yet occurred).
3. Owner Protest of Citv Nonrenewal. Within fifteen (15) days of the Owner's receipt of the Notice of
Nonrenewal from the City, the Owner may file with the City a written protest of the Notice of Nonrenewal.
Upon receipt of the written protect, the City Council shall set a hearing prior to the expiration of the
Renewal Date of this Agreement. The Owner may furnish the City Council with any information which
Owner deem relevant and shall furnish the City Council with any information it may require. The City
Council may, at any time prior to the annual Renewal Date, withdraw its Notice of Nonrenewal.
4. Maintenance Standards for the Propertv. During the term of this Agreement, the Property shall be
subject to the following conditions, requirements, and restrictions:
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4.1 The Owner shall preserve and maintain the characteristics of the cultural and historical
significance of the Historic Property. Attached to this Agreement as Exhibit "B", is a list of
the minimum standards and conditions for maintenance, use, protection, and preservation
of the Historic Property, which shall apply to the Historic Property. The Owner shall comply
with these minimum standards throughout the term of this Agreement. In addition, Owner
shall comply with the terms of the City Code, and shall obtain any applicable permits
necessary to protect, preserve, restore, and rehabilitate the Historic Property so as to
maintain its historical and cultural significance.
4.2 The Owner shall, where necessary, repair, maintain, restore, and rehabilitate the Historic
Property according to the rules and regulations of the Office of Historic Preservation of the
State Department of Parks and Recreation, Secretary of the Interior's Standards for the
Treatment of Historic Properties, the State Historical Building Code, and the City of Palm
Springs. The condition of the interior and exterior of the Historic Property on the effective
date of this Agreement is documented in photographs attached as Exhibit "C" to this
Agreement. At a minimum, Owner shall continually maintain the exterior of the Historic
Property in the same condition as documented in Exhibit "C."
4.3 The Owner shall carry out specific restoration, repair, maintenance, and/or rehabilitation
projects on the Historic Property, as outlined in the attached Exhibit "D" to this Agreement.
All such projects shall be undertaken and completed in accordance with the Secretary of
the Interior's Standards for the Treatment of Historic Properties with Guidelines for
Preservation, Restoration and/or Rehabilitation and the City Codes and all applicable
design guidelines.
4.4 The Owner shall not be permitted to block the view corridor with any new structure, such as
walls, fences, or shrubbery, so as to prevent the viewing of the Historic Property from the
public right-of-way.
5. Interior and Exterior Inspections. Prior to the approval, execution, and recordation of this
Agreement, and every five years thereafter, the City Manager of the City or the City Manager's designee
(the "City Manager') shall inspect the interior and exterior of the premises to determine the Owner's
compliance with the terms and provisions of this Agreement.
6. Provision of Information of Compliance. The Owner shall furnish the City Manager with any and all
information requested by the City Manager, which the City Manager deems necessary or advisable to
determine eligibility of the Historic Property and compliance with the terms and provisions of this
Agreement.
7. Breach of Agreement; Remedies.
7.1 If the Owner breaches any provision of this Agreement, the City Manager may give written
notice to the Owner by registered or certified mail detailing the Owner's violations. If such
violation is not corrected to the reasonable satisfaction of the City Manager within thirty (30)
days after the date of notice of violation, or within such a reasonable time as may be
required to cure the violation (provided the acts to cure the violation are commenced within
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thirty (30) days and thereafter diligently pursued to completion), the City Manager may,
without further notice, declare THE Owner to be in breach of this Agreement. Upon the City
Manager's declaration of the Owner's breach, the City Manager may pursue any remedy
available under local, state, or federal law, including those specifically provided for in this
section.
7.2 The City Council may cancel this Agreement if the City Council determines, following a duly
noticed public hearing in accordance with California Government Code section 50286, that
the Owner breached any of the conditions of the Agreement, the Owner allowed the
Historic Property to deteriorate to the point that it no longer meets the standards for a
qualified historic property, or the Owner failed to maintain and preserve the Historic
Property in accordance with the terms of this Agreement. If this Agreement is cancelled,
under this paragraph, the Owner shall pay a cancellation fee to the Office of the Auditor for
the County of Riverside as required by California Government Code Section 50286.
7.3 As an alternative to cancellation of this Agreement for the Owner's breach of any condition,
the City Manager may bring an action in court necessary to enforce this Agreement
including, but not limited to, an action to enforce this Agreement by specific performance,
injunction, or receivership.
8. Destruction of Prooertv; Eminent Domain; Cancellation. If the Historic Property is destroyed by
earthquake, fire, flood, or other natural disaster such that in the opinion of the City Building Official more
than sixty percent (60%) of the original fabric of the structure must be replaced, this Agreement shall be
cancelled because the historic value of the structure will have been destroyed. If the Historic Property is
acquired in whole or in part by eminent domain or other acquisition by any entity authorized to exercise
the power of eminent domain, and the acquisition is determined by the City Council to frustrate the
purpose of this Agreement, this Agreement shall be cancelled. No cancellation fee pursuant to
Government Code section 50286 shall be imposed if the Agreement is cancelled pursuant to this
Section.
9. Waiver. The City does not waive any claim of default by the Owner if the City or the City Manager
does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise
provided for in this Agreement or in City's regulations governing historic properties are available to the
City to pursue in the event that there is a reach of this Agreement. No waiver by the City or the City
Manager of any breach or default under this Agreement shall be deemed to be a waiver of any other
subsequent breach thereof or default hereunder.
10. Binding Effect of Agreement. The Owner hereby subjects the Historic Property to the covenants,
conditions, and restrictions set forth in this Agreement. The City and the Owner hereby declare their
specific intent that the covenants, conditions, and restrictions set forth in this Agreement shall be deemed
covenants running with the land and shall inure to and be binding upon the Owner's successors and
assigns in title or interest to the Historic Property. Each and every contract, deed, or other instrument
herein after executed, covering or conveying the Historic Property, or any portion thereof, shall
conclusively be held to have been executed, delivered and accepted subject to the covenants,
reservations and restrictions are set forth in such contract, deed or other instrument.
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11. Covenants Run with the Land. The City and the Owner hereby declare their understanding and
intent that the burden of the covenants, reservations, and restrictions set forth in this agreement touch
and concern the land in that it restricts development of the Historic Property. The City and the Owner
hereby further declare their understanding and intent that the benefit of such covenants, reservations and
restrictions touch and concern the land by enhancing and maintaining the cultural and historical
characteristics and significance of the Historic Property for the benefit of the public, the City, and the
Owner.
12. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the
address of the respective parties as specified below or at any other address as may be later specified by
the parties hereto:
City: City of Palm Springs
Office of the City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263
Owners: Robert P. Schaffer
Alan L. Pass
18 Ford Street
San Francisco, CA 94114
HOA: Royal Hawaiian Estates
Darren Lepke, Royal Hawaiian Estates HOA President
13. Effect of Agreement. None of the terms, provisions, or conditions of this Agreement shall be
deemed to create a partnership between the parties hereto and any of their heirs, successors, or
assigns, nor shall such terms, provisions, or conditions cause the parties to be considered joint venturers
or members of any joint enterprise.
14. Indemnity of Citv. The Owner shall defend, indemnify, and hold harmless the City and its elected
officials, officers, agents, and employees from any actual or alleged claims, demands, causes of action,
liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a
court of law or by administrative action of any federal, state or local governmental agency, arising out of
or incident to (i) the direct or indirect use operation, or maintenance of the Historic Property by the Owner
or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person; (ii) the
Owner's activities in connection with the Historic Property; and (iii) any restrictions on the use or
development of the Historic Property, from application or enforcement of the City Code, or from the
enforcement of this Agreement. This indemnification includes, without limitation, the payment of all
penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the
reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs
incurred by each of them. The Owner's obligation to indemnify shall survive the termination, cancellation,
or expiration of this Agreement and shall not be restricted to insurance proceeds, if any, received by the
City, its elected officials, employees, or agents.
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15. Bindina Upon Successors. All of the agreements, rights, covenants, reservations and restrictions
contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein,
their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the
Historic Property, whether by operation of law or in any manner whatsoever.
16. Legal Costs. In the event legal proceedings are brought by any party or parties to enforce or
restrain a violation of any of the covenants, conditions or restrictions contained herein, or to determine
the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all
reasonable attorneys' fees to be fixed by the court, in addition to court costs and other relief ordered by
the court.
17. Severabilibi. In the event that any of the provisions of this Agreement are held to be unenforceable
or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and
enforceability of the remaining provisions, or portions thereof, shall not be effected thereby.
18. Recordation. No later than twenty (20) days after the parties execute and enter into this
Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of
the County of Riverside. In the event the City fails to record this Agreement as provided in this Section,
the Owner or agent of an owner shall record this Agreement with Riverside County within six (6) months
of entering into the Agreement and shall file and submit a conformed copy of this Agreement with the
City Clerk promptly after recordation.
19. Amendments. This Agreement may be amended, in whole or in part, only by written recorded
instrument executed by the parties hereto.
20. Governing Law and Venue. This Agreement shall be construed and governed in accordance with
the laws of the State of California. Any action at law or in equity brought by either of the parties hereto for
the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of
competent jurisdiction in the County of Riverside, State of California, and the parties hereby waive all
provisions of law providing for a change of venue in such proceedings to any other county.
21. No Compensation. The Owner shall not receive any payment from the City in consideration of the
obligations imposed under this Agreement. The Owner and the City acknowledge and agree that the
primary consideration to the City for the execution of this Agreement is the substantial benefit to the
citizens of Palm Springs accruing from the rehabilitation and maintenance of the Property, and the
primary consideration to the Owner is the economic advantage that will accrue to the Owner as a result
of the possible effect upon the assessed value of the Property of the restrictions on the use and
preservation of the Property imposed hereunder. The Owner acknowledges that it is not guaranteed to
receive a reduction of property taxes as a result of this Agreement.
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IN WITNESS WHEREOF, the City and the Owner have executed this Agreement on the day and
year first written above.
Dated
APPROVED AS TO FORM
City Attorney: Douglas Holland
Dated:
Dated
CITY OF PALM SPRINGS,
a municipal corporation
By:
City Manager: David H. Ready
ATTEST:
City Clerk: James Thompson
By:
Owner: Robert P. Schaffer
M
Owner: Alan L. Pass
Dated: By:
Darren Lepke, President
Homeowners Association (Representative)
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ALL-PURPOSE ACKNOWLEDGMENT
STATE OF }
} SS
COUNTY OF }
On before me, Notary Public,
DATE
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct. (Seal)
WITNESS my hand and official seal.
Signature of Notary
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent
attachment of this certificate to unauthorized document.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document
Number of Pages
DATE of DOCUMENT
Signer(s) Other Than Named Above
8 11
EXHIBIT A
LEGAL DESCRIPTION
Parcel ID Number: 511-070-015-6 which currently has the address of 235 E Twin Palms Drive Unit
28 [Street] PALM SPRINGS [City], California 92264 [Zip Code] ("Property Address")
PARCEL NO. 28 AND AN UNDIVIDED 1/40T"INTEREST IN PARCEL NO. 41, IN THE CITY OF PALM
SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY RECORD OF
SURVEY ON FILE IN BOOK 32, PAGE 69 OF RECORDS OF SURVEY, RECORDS OF SAID COUNTY.
(Aerial photo of the property and tract map are on file in the Planning Services Department of the City of Palm
Springs, California at 3200 Tahquitz Canyon Way, Palm Springs, CA 92262)
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EXHIBIT B
MAINTENANCE STANDARDS
(Section 4.1)
All structures, walls, water features, landscaping and any other improvements associated with the parcel
that is the subject of this Mills Act Historic Property Preservation Agreement ("Agreement') shall be
maintained in good condition throughout the term of this agreement.
All nuisances as defined in Title 11 "Peace, Morals and Safety" of the Palm Springs Municipal Code that
occur or develop on the subject parcel shall be abated in a timely manner and to the satisfaction of the
City Manager or his designee.
All structures, walls, water features, landscaping and any other improvements associated with the parcel
that is the subject of this Agreement that are part of the historic character -defining features of the
property shall be maintained as outlined in the Secretary of the Interior Standards for Preserving,
Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995 Weeks and Grimmer)
to
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EXHIBIT C
EXISTING CONDITIONS
(Section 4.2)
(Aerial photo of the property and tract map are on file in the Planning Services Department of the City of Palm
Springs, California at 3200 Tahquitz Canyon Way, Palm Springs, CA 92262)
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EXHIBIT D
SPECIFIC PROJECTS
(Section 4.3)
(Aerial photo of the property and tract map are on file in the Planning Services Department of the City of Palm
Springs, California at 3200 Tahquitz Canyon Way, Palm Springs, CA 92262)
0
RECEIVED
JUN 0 8 2015
PLANNING SERVICES
DEPARTMENT
Mr. Flinn Fagg
Department of Planning
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Dear Mr. Fagg:
Robert P. Schaffer
Alan L. Pass
18 Ford Street
San Francisco, CA 94114
robertschaffer8(c_bamail.com
(c) 415-370-6246
(h) 415-431-7291
May 18, 2015
We are the owners of 235 E. Twin Palms Drive, Palm Springs, CA 92264 which is located in the
Royal Hawaiian Estates Historic District (1774 South Palm Canyon Drive). The Royal Hawaiian
Estates became a Class 1 Historic District in February 2010.
We are writing today to apply for the Mills Act Tax Abatement Program. Enclosed is our check
for $824.00 to begin the application process.
Through the Mills Act economic incentives, we look forward to performing ongoing restoration
and preservation of our historic Donald Wexler midcentury tiki-modem property.
if you have any questions or need additional information, you may contact us at
robertschaffer8bgmail.com or (415) 370-6246. Please ensure any correspondence by USPS
mail Is sent to our San Francisco address shown above.
Thank you for your help in this process.
Sincerel ,
Robe .Schaffer IJ
Alan L
&ffss—
^6A
Richard Bruno August 24, 2015
City of Palm Springs
Department of Planning and Development Services
Richard -
Please accept this formal letter of intent and agreement for the Royal Hawaiian Estates HOA to
be a signing participant of the Mills Act Contract Agreement with owner, Alan Pass, of 235 E
Twin Palms Drive, Palm Springs, CA 92264.
In regards to Unit 235, it has many original features that have been preserved on the interior
and exterior. The owners of this unit are showing great pride of ownership at the Royal
Hawaiian Estates and are planning to further invest in items in need of restoration and repair in
accordance with the original design intent of Architects Donald Wexler and Richard Harrison.
Sincerely,
Darren Lepke
Royal Hawaiian Estates HOA President 2015
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CITY COUNCIL ACTION SUMMARY
WEDNESDAY, FEBRUARY 3, 2010
CALL TO ORDER: 6:06 p.m.
1 r . "ice.---4
REP T OF CLOSED SESSION:
ACTIO 1) Make the finding that the Item came to the attention of the City after the
posting o enda, and there is an immediate need to hear and/or take action on the
Item; and 2) d the following Item to the Closed Session Agenda: Government Code
Section 54966. Conference with Real Property Negotiator for the property described
as El Dorado P s Estates, Negotiating Parties El Dorado Palm Springs Ltd., City
Negotiator, David ady, City Manager or Designee, to discuss price and terms of
purchase. Motion C ncilmember Mills, seconded by Councilmember Foat and
unanimously carried
City Attorney Holland state hat the City Council recessed into Closed Session to
discuss Items on the posted CI d Session Agenda. City Attorney Holland reported the
City Council provided direction to N City Attorney on the Property Negotiations with El
Dorado Palm Springs Ltd., otherwiseN reportable actions were taken.
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson requested the City Coun X delete the extension of the Subdivision
Improvement Agreement with Palomino TTM 335X, on Item 2.J.
Councilmember Foat requested Item 2.J. be remove from the Consent Calendar for
separate discussion.
Councilmember Mills stated he has a business related confli f interest with respect to
Consent Calendar Item 2.J., and would not participate in the dis ssion or the vote.
Mayor Pro Tern Hutcheson requested Item 21. be removed from th\nsent Calendar
for separate discussion.
Councilmember Weigel stated he has a property related conflict of interesAkvith respect
to the Alta Subdivision Improvement Agreement on Item 2.J. and would abs n on that
extension.
Mayor Pougnet requested Item 2.F. be removed from the Consent
separate discussion.
ACTION: Accept the A enda as amended. Motion Councilmember Weigel, \
-.."'.-SUDY CounCl me ,c , c �• ^�rriorl nn roll Call VOte. R
rw� 1. PUBLIC HEARINGS:
1.A. DESIGNATION OF THE ROYAL HAWAIIAN ESTATES CONDOMINIUM
LOCATED AT 1774 SOUTH PALM CANYON DRIVE AS A HISTORIC
DISTRICT (CASE HSPB 731 HD 2):
ACTION: Adopt Resolution No. 22657, "A RESOLUTION OF THE CITY
\100000, COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, 18
City Cou it ACTION SUMMARY
Februa 3,2010
Pa72
ESTABLISHING HISTORIC DISTRICT NO. 2, AT THE ROYAL
HAWAIIAN ESTATES CONDOMINIUMS LOCATED AT 1774 SOUTH
PALM CANYON DRIVE." Motion Councilmember Foat, seconded by
Mayor Pro Tern Hutcheson and carried 4-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember Weigel, Mayor Pro
Tern Hutcheson, and Mayor Pougnet.
NOES: Councilmember Mills.
ESIGNATION OF THE SINGLE FAMILY
\CALENDA
t k SITE (CASE HSPB 74):
: Adopt Resolution No. 22658, "A RESOLUTION OF THE CITY
IL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ATING THE SINGLE FAMILY DWELLING AT 1070 EAST
ROAD, A CLASS ONE HISTORIC SITE." Motion Mayor Pro
Terntc son, seconded by Councilmember Foat and unanimously
on a II call vote.
2. CONSLENDAACTIrove Items A., 2.B., 2.C., 2.D., 2.E., 2.G., 2.H., 2.1., 2.K., 2.M.,
2.N.,.P. Motion ayor Pro Tem Hutcheson, seconded by
Couner Weigel and animously carried on a roll call vote.
2.A. REPORT ON POSTING O HE AGENDA:
ACTION: Receive and file R ort on the Posting of the February 3, 2010,
City Council Agenda. Approve s part of the Consent Calendar.
2.B. APPROVAL OF MINUTES:
ACTION: Approve the City Council utes of January 13, 2010, and the
City Council/Community Redevelopme Agency Minutes of January 20,
2010. Approved as part of the Consen alendar.
2.C. APPROVAL OF PAYROLL WARRANTS, C IMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 22659, "A R OLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM S\$100,467.5
S, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DES BY WARRANTS
NUMBERED 1039753 THROUGH 1039851,E AGGREGATE
AMOUNT OF $307,227.88, DRAWN ON BANERICA;" and 2)
Adopt Resolution No. 22660, "A RESOLUTIONE ITY COUNCIL
OF THE CITY OF PALM SPRINGS, CANIA, PPROVING
PAYMENT OF CLAIMS AND DEMANDS BY ANTS MBERED
1039852 THROUGH 1039928, IN THE AGGTE AM NT OF
$787,919.86, DRAWN ON BANK OF AMERICA;dopt Resol 'on No.
22661, "A RESOLUTION OF THE CITY COUOF THE Cl OF
PALM SPRINGS, CALIFORNIA, APPROVING ENT OF PAY LL
WARRANTS FOR THE PERIOD ENDED 01 BY WARRAN
NUMBERED 415340 THROUGH 415380 ING $100,467.5LIABILITY CHECKS NUMBERED 1039929ROUGH 1039949
TOTALING $138,810.00, FIVE WIRE TRANSFERS FOR `653.219.88 \