HomeMy WebLinkAbout10/16/2013 - STAFF REPORTS - 2.B. CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
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MEETING MINUTES
WEDNESDAY, OCTOBER 2, 2013
CITY HALL COUNCIL CHAMBER
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:11 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 Lewin, Mayor Pro Tern Mills, and Mayor Pougnet.
ABSENT: None.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS:
Mayor Pougnet and the City Council proclaimed October, 2013 as National Planning
Month in the City of Palm Springs, and thanked the Planning Staff for their service to the
City.
Mayor Pro Tern Mills provided an update on the Desert Regional Hospital Stereotaxis
installation and ribbon cutting.
Councilmember Foat announced the re-opening and remodel of Party Lab in Downtown
Palm Springs.
Councilmember Lewin provided an update on the recent FIND Food Bank fundraiser.
Mayor Pougnet announced the Girl Scouts of America efforts to promote teen
volunteerism in the City of Palm Springs.
REPORT OF CLOSED SESSION:
The meeting was called to order at 4:30 p.m. and Staff requested the City Council
consider adding three items of Existing Litigation, pursuant to Cal. Gov. Code Section
ITEM NO. IV
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October 2, 2013
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54956.9(a), to the Closed Session Agenda. The City received information after the
posting of the Agenda as follows:
Ledesma and Beck v. City of Palm Springs
Case No. INC 1302238, Riverside Superior Court, Indio Division
Estate of Walter v. City of Palm Springs
Case No. INC 1302398, Riverside Superior Court, Indio Division
Masi and Senatore v. City of Palm Springs
Case No. INC 1301987, Riverside Superior Court, Indio Division
ACTION: 1) Find that information was received by the City after the posting of the
Agenda, and there is an immediate need to hear and/or take action; and 2) Add three
items of Existing Litigation to the Closed Session Agenda pursuant to Cal. Gov. Code
Section 54956.9(a) Case Nos. INC 1302238, INC 1302398, and INC 1301987,
Riverside Superior Court, Indio Division. Motion Councilmember Foat, seconded by
Mayor Pro Tom Mills and unanimously carried (5-0).
The City Council recessed into Closed Session to discuss items on the Closed Session
Agenda. City Attorney Holland reported the City Council provided direction to City Staff,
but no reportable actions were taken.
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson requested the City Council consider a motion to continue Public
Hearing Item 1.A.
Councilmember Foat noted her business related abstention on Item 2.C. Warrant Nos.
1066017 and 1066164.
Councilmember Hutcheson requested Item 2.J. be removed from the Consent Calendar
for separate discussion.
Mayor Pougnet requested Item 2.E. be removed from the Consent Calendar for
separate discussion.
ACTION: Accept the Agenda as amended. Motion Councilmember Lewin, seconded
by Councilmember Foat and unanimously carried on a roll call vote.
1. PUBLIC HEARINGS:
1.A. PRAETOR INVESTMENT, LLC, FOR AN AMENDMENT TO A
PREVIOUSLY APPROVED PLANNED DEVELOPMENT DISTRICT 333
(PDD 333) AND TENTATIVE PARCEL MAP (TPM 35236) FOR THE
DEVELOPMENT OF A 200-ROOM HOTEL, 50 RESIDENTIAL UNITS
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AND A PARKING STRUCTURE LOCATED AT THE NORTHWEST
CORNER OF AVENIDA CABALLEROS AND AMADO ROAD:
ACTION: 1) Continue the Public Hearing to November 6, 2013; 2) Refer to
the Planning Commission for Public Hearing; and 3) Direct the City Clerk
to re-notice the City Council Public Hearing. Motion Mayor Pro Tem
Mills, seconded by Councilmember Lewin and unanimously carried
on a roll call vote.
1.6. AMENDMENT NO. 1 TO SEWER CONSTRUCTION REFUND
AGREEMENT NO. A3283 FOR A 20-YEAR EXTENSION WITH
MICHAEL SIRELSON:
Dave Barakian, City Engineer, provided background information as
outlined in the staff report dated October 2, 2013.
Mayor Pougnet opened the public hearing, and no speakers coming
forward the public hearing was closed.
Councilmember Lewin questioned if any of the properties are developed,
stated the City carried out its duties for the 20-year period, and does not
feel the agreement should be extended for another 20-years.
Councilmember Foat requested staff address if there is any cost to the
City to administer this agreement, and requested the City Council consider
adding an administrative fee to the agreement.
Mayor Pro Tem Mills noted the history and development of these types of
reimbursement agreements, and stated the burden should be on the
original developer of the sewer to pay for the entire investment.
ACTION: 1) Approve Amendment No. 1 to Sewer Construction Refund
Agreement No. A3283 for a 20-year extension with Michael Sirelson; 2)
Authorize the City Manager to execute all necessary documents, subject
to the City recouping its costs to administer the agreement; and 3) Direct
the City Clerk to record the executed Amendment with the Riverside
County Recorder's Office. A3283. Motion Mayor Pro Tem Mills,
seconded by Councilmember Hutcheson and carried 4-1 on a roll call
vote.
AYES: Councilmember Foat, Councilmember Hutcheson, Mayor
Pro Tem Mills, and Mayor Pougnet.
NOES: Councilmember Lewin.
I.C. THE BUREAU OF INDIAN AFFAIRS ON BEHALF OF DIANA BOW AND
LUCILLE BOW, ALLOTTEES, PROPOSING A TENTATIVE PARCEL
MAP APPLICATION TO SUBDIVIDE A ROUGHLY FIVE (5) ACRE
PARCEL INTO TWO CONFORMING PARCELS AND A CLASS 15
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CATEGORICAL EXEMPTION (MINOR LAND DIVISIONS) PURSUANT
TO CEQA FOR A PARCEL LOCATED ON THE NORTH SIDE OF
ACANTO ROAD AND EAST OF LAS BRISAS WAY (CASE NO.
TPM 36431):
Margo Wheeler, Director of Planning Services, provided background
information as outlined in the staff report dated October 2, 2013.
Mayor Pougnet opened the public hearing, and no speakers coming
forward the public hearing was closed.
ACTION: Adopt Resolution No. 23439, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A TENTATIVE PARCEL MAP SUBDIVIDING A ROUGHLY
FIVE (5) ACRE PARCEL INTO TWO CONFORMING LOTS ON THE
NORTH SIDE OF ACANTO ROAD AND EAST OF LAS BRISAS WAY,
APN 512-220-006, ALLOTMENT 80C, ZONE R-1-13, CANYON SOUTH
SPECIFIC PLAN, SECTION 35 (IL) (CASE TPM 36431)." Motion
Councilmember Hutcheson, seconded by Councilmember Lewin and
unanimously carried on a roll call vote.
PUBLIC COMMENT:
MELINDA MARINOFF, Palm Springs, commented on the future of the Plaza Theatre.
TIMOTHY SIGLE, Palm Springs, commented on the Measure J request for the
installation of a pavilion at Ruth Hardy Park.
LARRY BLOCK, West Hollywood, commented on the recent opening of Block Party in
Downtown Palm Springs, and requested the City Council install a Rainbow Flag at City
Hall.
JUSTIN BLAKE, Rancho Mirage, requested the City Council approve Measure J
funding for the Palm Springs Auditorium project.
JOY BROWN MEREDITH, requested the City Council approve Item 5.A. regarding
maintenance in the Downtown and Uptown areas, and announced the upcoming parade
season in the City of Palm Springs.
DAVID MARTIN, commented on programs for adoptions and foster children, and
announced the upcoming events.
COUNCILMEMBER COMMENTS:
Mayor Pougnet commented on the Plaza Theatre and its ongoing operation.
Councilmember Foat announced the upcoming Flu Clinic at the Mizell Senior Center.
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CITY MANAGER'S REPORT:
City Manager Ready provided an update on the Measure "J" capital projects and the
installation of bike racks in the Downtown and Uptown areas of Palm Springs.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.F., 2.H., and 2.1. Motion
Councilmember Lewin seconded by Councilmember Hutcheson and
unanimously carried on a roll call vote.
2.A. REPORT ON THE POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the October 2, 2013,
City Council Agenda. Approved as part of the Consent Calendar.
2.13. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of September 18, 2013, and
September 19, 2013. Approved as part of the Consent Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 23440, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1065758 THROUGH 1065863 IN THE AGGREGATE
AMOUNT OF $1,178,902.43, DRAWN ON BANK OF AMERICA;" 2) Adopt
Resolution No. 23441, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF PAYROLL WARRANTS FOR THE PERIOD ENDED 8-31-13 BY
WARRANTS NUMBERED 418293 THROUGH 418314 TOTALING
$59,120.23, LIABILITY CHECKS NUMBERED 1065864 THROUGH
1065887 TOTALING $122,019.02, FIVE WIRE TRANSFERS FOR
$44,756.61 AND THREE ELECTRONIC ACH DEBITS OF $1,118,526.58
IN THE AGGREGATE AMOUNT OF $1,344,422.44, DRAWN ON BANK
OF AMERICA;" 3) Adopt Resolution No. 23442, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1065888 THROUGH 1065951 IN THE AGGREGATE
AMOUNT OF $377,295.09, DRAWN ON BANK OF AMERICA;" 4) Adopt
Resolution No. 23443, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1065952
THROUGH 1066099 IN THE AGGREGATE AMOUNT OF $1,840,573.44,
DRAWN ON BANK OF AMERICA;" 5) Adopt Resolution No. 23444, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL
WARRANTS FOR THE PERIOD ENDED 9-14-13 BY WARRANTS
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NUMBERED 418315 THROUGH 418333 TOTALING $35,492.19,
LIABILITY CHECKS NUMBERED 1066100 THROUGH 1066123
TOTALING $122,755.96, FIVE WIRE TRANSFERS FOR $44,794.26 AND
THREE ELECTRONIC ACH DEBITS OF $1,104,475.91 IN THE
AGGREGATE AMOUNT OF $1,307,518.32, DRAWN ON BANK OF
AMERICA;" and 6) Adopt Resolution No. 23445, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1066124 THROUGH 1066256 IN THE AGGREGATE
AMOUNT OF $4,285,870.12, DRAWN ON BANK OF AMERICA."
Approved as part of the Consent Calendar, noting the business
related abstention by Councilmember Foat on Warrant Nos. 1066017
and 1066164.
2.D. ACCEPT THE RESIGNATION OF LYNNE BUSHORE FROM THE
BOARD OF LIBRARY TRUSTEES:
ACTION: 1) Accept with regret the resignation of Lynne Bushore; and
2) Direct the City Clerk to post a notice of vacancy for the unexpired term
ending June 30, 2014. Approved as part of the Consent Calendar.
2.F. AUTHORIZE THE PURCHASE OF NATURAL GAS:
ACTION: 1) Authorize the City Manager to enter into an agreement for the
purchase of natural gas for a 24-month term through November 30, 2015;
and 2) Authorize the City Manager to execute all necessary documents.
A6406. Approved as part of the Consent Calendar.
2.G. APPROVE AN APPEAL OF THE PLANNING COMMISSION'S
DECISION BY DONALD SKEOCH TO OVERTURN THE DENIAL OF A
CONDITIONAL USE PERMIT FOR A LIGHTED TENNIS COURT AT
THE ESTANCIAS DEVELOPMENT LOCATED AT 3182 LAS BRISAS
WAY (CASE 5.1285 CUP):
ACTION: Adopt Resolution No. 23446, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING AN APPEAL BY DONALD SKEOCH TO OVERTURN THE
PLANNING COMMISSION'S DENIAL OF A CONDITIONAL USE PERMIT
FOR A LIGHTED TENNIS COURT AT THE ESTANCIAS
DEVELOPMENT LOCATED AT 3182 LAS BRISAS WAY (CASE 5.1285
CUP)." Approved as part of the Consent Calendar.
2.H. AIR SERVICE INCENTIVE PROGRAM FUNDING FOR DELTA AIR
LINES AND SUN COUNTRY AIRLINES:
ACTION: 1) Approve two Air Service Incentive Program Funding
agreements with Delta Air Lines for $50,000 each, and one Air Service
Incentive Program Funding agreement with Sun Country Airlines for
$50,000, in an amount not to exceed a total of $150,000; and 2) Authorize
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the City Manager to execute all necessary documents. A6407. A6408.
A6409. Approved as part of the Consent Calendar.
2.1. ACCEPTANCE OF PUBLIC RIGHT-OF-WAY FOR A PORTION OF EL
CIELO ROAD, SHOWN AS PARCEL 1 AND PARCEL 2 ON PARCEL
MAP 7883, BK 25/15 (FILE R 13-10):
ACTION: Adopt Resolution No. 23447, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ACCEPTING RIGHT-OF-WAY FOR A PORTION OF EL CIELO ROAD,
SHOWN AS PARCEL 1 AND PARCEL 2 ON PARCEL MAP 7883, BK
25/15, WITHIN SECTION 18, TAS., R.5E. (FILE R 13-10)." Approved as
part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2.E. INITIATE AN AMENDMENT TO THE PALM SPRINGS ZONING CODE
REGARDING CHURCHES IN VARIOUS ZONES:
Mayor Pougnet requested City Staff include local religious establishments
in the development of an ordinance.
ACTION: Initiate a Zone Text Amendment pursuant to Palm Springs
Zoning Code Section 92.07.01.A.1.b regarding churches and refer to the
Planning Commission. Motion Mayor Pougnet, seconded by
Councilmember Hutcheson and unanimously carried on a roll call
vote.
2.J. ADOPT THE CITY'S INVESTMENT POLICY GOVERNING THE
INVESTMENT OF CITY FUNDS:
Councilmember Hutcheson thanked City Staff for the inclusion of social
responsibility policies.
ACTION: Adopt Resolution No. 23448, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
AN INVESTMENT POLICY GOVERNING THE INVESTMENT OF CITY
FUNDS," amending the resolution by adding Section 2 to supersede all
other adopted Investment Policies. Motion Councilmember Hutcheson,
seconded by Councilmember Foat and unanimously carried on a roll
call vote.
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS:
4.A. FISCAL YEAR 2013-14 MEASURE J PROJECT/PROGRAM FUNDING
RECOMMENDATIONS AND CERTAIN MULTI-YEAR PROJECTS:
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City Manager Ready provided background information as outlined in the
staff report dated October 2, 2013.
Councilmember Foat commented on the review of the Tahquitz Creek
Master Plan and requested the triangle parcel be improved and requested
the Measure J Commission review the funding of the improvements.
ACTION: 1) Approve appropriations for certain projects and/or program
funding for Fiscal Year 2013-14 in the amount of $4,835,400; 2) Approve
funding for two multi-year projects in the amount of $1,291,000 for Fiscal
Year 2014-15 and $1,000,000 for Fiscal Year 2015-16; and 3) Authorize
the City Manager to execute all budget transfers necessary to effectuate
the City Council action on appropriations. Motion Councilmember
Hutcheson, seconded by Mayor Pro Tem Mills and unanimously
carried on a roll call vote.
S. NEW BUSINESS:
5.A. AMENDMENT NO. 1 TO THE 2013-14 ALLOCATED POSITIONS AND
COMPENSATION PLAN TO REORGANIZE THE CITY'S VARIOUS
MAINTENANCE DIVISIONS AND PROVIDE FOR A DIRECTOR OF
MAINTENANCE AND FACILITIES:
City Manager Ready provided background information as outlined in the
staff report dated October 2, 2013.
Councilmember Foat requested the Downtown Maintenance Supervisor
include Uptown.
Mayor Pro Tern Mills questioned if the Parks Supervisor includes
parkways, and requested the City Manager review the Downtown
Administrator contract and insure the funding for all services that will be
needed for the Downtown Administrator.
Mayor Pougnet noted the reorganization would provide additional time for
the Public Works Department to focus on Measure J and other capital
projects.
ACTION: 1) Adopt Resolution No. 23449, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING AMENDMENT NO. 1 TO THE ALLOCATED POSITIONS
AND COMPENSATION PLAN FOR FISCAL YEAR 2013-14, ADOPTED
BY RESOLUTION 23340;" and 2) Authorize the City Manager to execute
all documents necessary to effectuate this action, including creation of the
new Maintenance and Facilities Department and the consolidation of
Facilities, Parks Maintenance and Downtown Maintenance in the City's
budget and accounting systems. Motion Mayor Pro Tern Mills,
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seconded by Councilmember Foat and unanimously carried on a roll
call vote.
5.B. APPROVE AN AGREEMENT FOR TOURISM AND MANAGEMENT
SERVICES WITH SMG FOR THE MANAGEMENT OF THE PALM
SPRINGS CONVENTION CENTER AND THE PALM SPRINGS
BUREAU OF TOURISM, FOR A PERIOD ENDING JUNE 30, 2018:
City Manager Ready provided background information as outlined in the
staff report dated October 2, 2013.
Mayor Pougnet questioned SMG Staff on the loss of the SMG contract for
the City of Los Angeles.
Councilmember Hutcheson requested the City Council be provided goals
prior to any meeting that the Bureau of Tourism provides update reports,
and noted the concept of incentive payments be incorporated into other
types of City contracts.
Councilmember Foat thanked the SMG staff, requested the City Council
be notified and updated when goals are accomplished, and requested the
City Council receive documentation that the job has been successfully
accomplished prior to contract extensions.
Mayor Pro Tern Mills commented on the increase in TOT, increase in
airport usage, and Downtown activity, and thanked the Bureau of Tourism
for their service, but requested a base be installed for the sign.
Councilmember Lewin stated the facility is well maintained and is
efficiently operated, and thanked SMG staff.
Mayor Pougnet requested SMG Administration provide routine updates to
the City Council and other stakeholders.
ACTION: 1) Approve a five-year agreement for Tourism and Convention
Center Management Services, with two five-year city-optional extensions,
by and between the City of Palm Springs, a Municipal Corporation, and
SMG, a Pennsylvania General Partnership; and 2) Authorize the City
Manager to execute all necessary documents. A6410. Motion Mayor Pro
Tern Mills, seconded by Councilmember Hutcheson and
unanimously carried on a roll call vote.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Mayor Pougnet requested the Palm Springs Bureau of Tourism update other Managers
and tourism partners in the Coachella Valley, and review a concentrated marketing
effort with the Greater Palm Springs Convention and Visitors Bureau.
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Councilmember Lewin requested the City review the installation of the decorative
fencing during construction of the Downtown Revitalization Project.
Mayor Pro Tern Mills requested City Staff address the damaged City sculpture on the
Gene Autry Trail median.
Councilmember Foat requested an update on the Carnell building and the recent fire.
Mayor Pougnet thanked the Preservation Foundation for identifying five vacant historic
properties, and stated the City Manager is working on bringing forth a discussion on the
Vacant Building Ordinance.
Mayor Pro Tern Mills commented on the methods to secure vacant buildings according
to Fire Code.
Councilmember Foat requested the Fire Chief report on the causes of the fire at the
Carnell building and the recent church fire.
ADJOURNMENT: The City Council adjourned at 7:36 p.m. to Wednesday, October 16,
2013, at 6:00 P.M. Council Chamber, City Hall, preceded by Closed Session, Small
Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS
16TH DAY OF OCTOBER, 2013.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
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