HomeMy WebLinkAbout5/15/2013 - STAFF REPORTS - 2.B. CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
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SPECIAL MEETING MINUTES
WEDNESDAY, MAY 1, 2013
LARGE CONFERENCE ROOM
CALL TO ORDER: Mayor Pro Tern Mills called the special meeting to order at
3:42 p.m.
ROLL CALL:
PRESENT: Councilmember Foat, Councilmember Hutcheson, Councilmember
Lewin, Mayor Pro Tern Mills, and Mayor Pougnet (arrived at 3:44
p.m.).
ABSENT: None.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PUBLIC COMMENT: None.
INTERVIEW APPLICANTS FOR THE HISTORIC SITE PRESERVATION BOARD:
The City Council interviewed candidates for appointment to the Historic Site
Preservation Board.
ACTION: 1) Appoint Dick Burkett to the Historic Site Preservation Board for the
unexpired term ending June 30, 2014; 2) Appoint Gary Johns to the Historic Site
Preservation Board for the unexpired term ending June 30, 2015; 4) Appoint James
Williamson to the Historic Site Preservation Board for the term ending June 30, 2016;
and 5) Reappoint Roxann Ploss to the Historic Site Preservation Board for the term
ending June 30, 2016. By unanimous consent of the City Council (5-0).
ADJOURNMENT: The City Council adjourned at 4:40 p.m. to the Regular City Council
meeting, Wednesday, May 1, 2013, at 6:00 p.m. Council Chamber, City Hall, preceded
by Closed Session at 5:00 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
15T" DAY OF MAY, 2013.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
ITEM NO.
CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
a
MEETING MINUTES
WEDNESDAY, MAY 1, 2013
CITY HALL COUNCIL CHAMBER
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:06 p.m.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge.
INVOCATION: Pastor David Sanger, Our Savior's Community Church, 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 May, 2013 as Bike Month in the City of
Palm Springs.
Mayor Pougnet provided an update on the recent Tachevah Concert, the 2013 Mayor's
Race and Wellness Festival, the 75th Anniversary of the City of Palm Springs, and
announced the upcoming Palm Springs Chamber of Commerce Police and Fire
Appreciation Luncheon.
REPORT OF CLOSED SESSION:
City Attorney Holland stated the meeting was called to order at 5:00 p.m. and the City
Council recessed into Closed Session to discuss items on the posted Closed Session
Agenda, and reported the City Council authorized the City Attorney to settle the liability
claim City of Palm Springs filed against Ryan Padilla, and the settlement agreement will
be on file in the office of the City Clerk when fully executed. A6363.
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson requested Item 2.G. be withdrawn from the Agenda.
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Councilmember Lewin requested Item 2.E. 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 on a roll call vote.
1. PUBLIC HEARINGS:
1.A. CRAIG WIRELESS FOR A CONDITIONAL USE PERMIT TO INSTALL
AND OPERATE COMMERCIAL COMMUNICATION ANTENNAS
EXTENDING 15 FEET ABOVE THE ROOF SURFACE OF AN EXISTING
BUILDING LOCATED AT 401 RADIO ROAD (CASE 5.1291 CUP):
David Newell, Associate Planner, provided background information as
outlined in the staff report dated May 1, 2013.
Mayor Pro Tem Mills requested staff address the location of the
equipment cabinet.
Mayor Pougnet opened the public hearing, and no speakers coming
forward the public hearing was closed.
Councilmember Foat requested staff address any public input or
comments.
Mayor Pro Tem Mills commented on the location of the equipment cabinet
and the design, and requested the City Council consider some kind of
screening.
ACTION: Adopt Resolution No. 23332 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A CONDITIONAL USE PERMIT, TO INSTALL AND
OPERATE A WIRELESS COMMERCIAL COMMUNICATIONS FACILITY
ON THE ROOF OF AN EXISTING BUILDING LOCATED AT 401 RADIO
ROAD;" amending the Conditions of Approval to provide for screening
around the equipment cabinet as approved by the Planning Department
(CASE NO. 5.1291). Motion Mayor Pro Tem Mills, seconded by
Councilmember Hutcheson and unanimously carried on a roll call
vote.
I.B. GRANT A 15-YEAR EXCLUSIVE FRANCHISE AGREEMENT WITH
PALM SPRINGS DISPOSAL SERVICES FOR RESIDENTIAL AND
COMMERCIAL COLLECTION AND DISPOSAL OF SOLID WASTE AND
FOR THE COLLECTION OF RECYCLABLE MATERIAL:
ACTION: 1) Take no public testimony at this time; 2) Continue the Public
Hearing to May 15, 2013; and 3) Direct the City Clerk to post a Notice of
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Continued Public Hearing pursuant to law. Motion Councilmember Foat,
seconded by Mayor Pro Tern Mills and unanimously carried on a roll
call vote.
I.C. AMEND THE ALLOCATION OF PUBLIC ARTS FEES ON SOLAR
GENERATING FACILITIES:
ACTION: 1) Take no public testimony at this time and direct staff to re-
notice the public hearing; and 2) Appoint Mayor Pro Tern Mills and
Councilmember Lewin to an ad hoc City Council Subcommittee for solar
generating facilities. Motion Councilmember Foat, seconded by Mayor
Pougnet and unanimously carried on a roll call vote.
PUBLIC COMMENT:
DAVID E. BELL, Palm Springs, commented on tow-operator agreements, and stated
the fees do not meet the requirements of the California Vehicle Code.
NANCY FERGUSON, Palm Springs, commented on Item 2.D. regarding the removal of
the crosswalk at Gene Autry Trail at Seven Lakes Drive, and thanked the City for the
Mayor's Race and Wellness Festival.
JACKIE KRAMER, commented on Item 2.1). regarding the removal of the crosswalk on
Gene Autry Trail at Seven Lakes Drive.
STEVE ROSENBERG, commented on Item 2.1 regarding telephone contracts.
LANCE CALDWELL, commented on Item 2.D. regarding the removal of the crosswalk
on Gene Autry Trail at Seven Lakes Drive.
SID CRAIG, commented on Item 2.D. regarding the removal of the crosswalk on Gene
Autry Trail at Seven Lakes Drive.
COUNCILMEMBER COMMENTS: None.
CITY MANAGER'S REPORT: None.
2. CONSENT CALENDAR:
Councilmember Foat requested Item 2.D. be removed from the Consent
Calendar for separate discussion.
ACTION: Approve Items 2.A., 2.B., 2.C., 2.F., 2.H., 2.1., 2.J. and 2.K. Motion
Councilmember Hutcheson, seconded by Mayor Pro Tern Mills and
unanimously carried on a roll call vote.
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2.A. REPORT ON THE POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the May 1, 2013, City Council
Agenda. Approved as part of the Consent Calendar.
2.13. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of April 17, 2013. Approved
as part of the Consent Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 23334, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1062544 THROUGH 1062664 IN THE AGGREGATE
AMOUNT OF $1,698,286.16, DRAWN ON BANK OF AMERICA;" 2) Adopt
Resolution No. 23335, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF PAYROLL WARRANTS FOR THE PERIOD ENDED 3-30-13 BY
WARRANTS NUMBERED 418083 THROUGH 418102 TOTALING
$34,716.85, LIABILITY CHECKS NUMBERED 1062665 THROUGH
1062689 TOTALING $119,711.01, FIVE WIRE TRANSFERS FOR
$39,806.10 AND THREE ELECTRONIC ACH DEBITS OF $1,051,300.46
IN THE AGGREGATE AMOUNT OF $1,245,534.42, DRAWN ON BANK
OF AMERICA;" 3) Adopt Resolution No. 23336, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1062690 THROUGH 1062848 IN THE AGGREGATE
AMOUNT OF $1,682,443.50, DRAWN ON BANK OF AMERICA;" 4) Adopt
Resolution No. 23337, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1062849
THROUGH 1062978 IN THE AGGREGATE AMOUNT OF $1,526,074.33,
DRAWN ON BANK OF AMERICA;" 5) Adopt Resolution No. 23338, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL
WARRANTS FOR THE PERIOD ENDED 4-13-13 BY WARRANTS
NUMBERED 418103 THROUGH 418121 TOTALING $70,400.53,
LIABILITY CHECKS NUMBERED 1062979 THROUGH 1063003
TOTALING $121,014.43, FIVE WIRE TRANSFERS FOR $67,298.38 AND
THREE ELECTRONIC ACH DEBITS OF $1,048,945.04 IN THE
AGGREGATE AMOUNT OF $1,307,658.38, DRAWN ON BANK OF
AMERICA;" and 6) Adopt Resolution No. 23339, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1063004 THROUGH 1063097, DRAWN ON BANK OF
AMERICA." Approved as part of the Consent Calendar.
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2.F. AUTHORIZE THE CITY MANAGER TO AWARD THE CONSTRUCTION
CONTRACT FOR THE SKATE PARK MANAGEMENT FACILITY
TENANT AND FACADE IMPROVEMENT (CP 13-14):
ACTION: 1) Authorize City Manager to award the construction contract for
the Skate Park Management of the Facility Tenant and Facade
Improvements to the lowest responsive and responsible bidder at an
amount not to exceed $375,000; and 2) Authorize the City Manager to
execute all necessary documents. A6356. Approved as part of the
Consent Calendar.
2.H. AWARD CONTRACT TO CHRISP COMPANY FOR THE BICYCLE
LANES CONSTRUCTION PROJECT IN THE AMOUNT OF $57,745.60
(CP 12-08):
ACTION: 1) Approve an agreement with Chrisp Company, for the Bicycle
Lanes construction in the amount of $57,745.60 (CP 12-08); 2) Authorize
staff to negotiate with the contractor to extend project limits on Avenida
Caballeros south to Baristo with a total change order cost not to exceed
$20,000; and 3) Authorize the City Manager to execute all necessary
documents. A6358. Approved as part of the Consent Calendar.
2.1. AGREEMENTS WITH VERIZON FOR VARIOUS CITY FACILITIES AND
THE AIRPORT FOR TELECOMMUNICATION SERVICES FOR A
THREE-YEAR PERIOD:
ACTION: 1) Waive the competitive bidding requirement pursuant to
Municipal Code Section 7.04.020; 2) Approve two agreements with
Verizon, as a sole source provider, for basic telephone dial tone services
at various city facilities and Integrated Services Digital Network, Primary
Rate Interface, (ISDN PRI) at the airport, for a three-year period at the
rates approved by and on file with the California Public Utilities
Commission in a form acceptable to the City Attorney; and 3) Authorize
the City Manger to execute all necessary documents. A6359. Approved
as part of the Consent Calendar.
2.J. ACCEPT FAA GRANT NO. 3-06-0818-050-2013 FOR THE AIRPORT
TERMINAL APRON AND TAXIWAY "G" REHABILITATION PROJECT,
AWARD CONTRACT FOR TERMINAL APRON PAVEMENT
CONSTRUCTION, AND APPROVE AMENDMENT TO CONSTRUCTION
MANAGEMENT SERVICES AGREEMENT WITH PARSONS
BRINCKERHOFF INC.:
ACTION: 1) Approve FAA AIP Grant Acceptance amount of
$11,374,363.50 for construction and construction management services
for the Airport Terminal Apron and Taxiway "G" Rehabilitation Project; 2)
Award the construction contract for the Airport Terminal Apron and
Taxiway "G" Rehabilitation Project AIP 3-06-0818-050-2013 in the amount
of $10,838,638.00 to the lowest responsive bidder, Granite Construction
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Company, in a from approved by the City Attorney; 3) Approve
Amendment No. 3 to Agreement No. A6256 with Parsons Brinckerhoff Inc.
for Airport Professional Consulting for construction management services
on the Terminal Apron and Taxiway "G" Apron Rehabilitation Project in the
amount not to exceed $535,725.50; and 4) Authorize the City Manager to
execute all necessary documents including up to ten percent (10%)
additional change order work as required to address changes in the
project scope. A6360. A6361. A6256. Approved as part of the Consent
Calendar.
2.K. ACCEPT THE RESIGNATION OF GREG RODRIGUEZ FROM THE
HUMAN RIGHTS COMMISSION:
ACTION: 1) Accept with regret the resignation of Greg Rodriguez from the
Human Rights Commission; 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.
EXCLUDED CONSENT CALENDAR:
2.D. REMOVAL OF AN EXISTING CROSSWALK ON THE WEST SIDE ALONG
GENE AUTRY TRAIL (HIGHWAY 111) AT SEVEN LAKES DRIVE:
David Barakian, City Engineer, provided background information as outlined in
the staff report dated May 1, 2013.
The City Council discussed and/or commented on the following with respect to
the intersection: the location of the large wall and what is behind the wall, the
landscaping that may hinder the view, the proposed changes by Caltrans, other
requests and suggestions from the City to Caltrans, the length of time for
Caltrans to take action, requested the City Engineer meet further with
homeowners, and requested the City Manager provide periodic updates to the
City Council.
ACTION: Approve the removal of an existing crosswalk on the west side along
Gene Autry Trail (Highway 111) at Seven Lakes Drive. Motion Mayor Pro Tem
Mills, seconded by Councilmember Lewin and unanimously carried on a
roll call vote.
2.E. MEMORANDUM OF UNDERSTANDING WITH RIVERSIDE COUNTY
PROBATION DEPARTMENT AND POST-RELEASE ACCOUNTABILITY AND
COMPLIANCE TEAM TO FOCUS ON "HIGH RISK" AND "AT-LARGE"
OFFENDERS:
ACTION: Receive and file the Memorandum of Understanding with the Riverside
County Probation Department and Post-Release Accountability and Compliance
Team. A6354. Motion Councilmember Lewin, seconded by Mayor Pro Tern
Mills and unanimously carried on a roll call vote.
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2.G. AWARD CONTRACT FOR THE 2013 ANNUAL SLURRY SEAL PROJECT
(CP 13-02):
Withdrawn from the Agenda.
3. LEGISLATIVE:
3.A. PROPOSED ORDINANCE REGARDING REGULATIONS FOR FILING
OF CANDIDATE STATEMENTS (CANDIDATE PROFILES) FOR
MUNICIPAL ELECTIONS:
Councilmember Hutcheson questioned if candidates would have the ability
to edit statements after they were filed.
City Clerk Thompson provided background information as outlined in the
staff report dated May 1, 2013.
ACTION: 1) Waive the reading of the ordinance text in its entirety and
introduce by title only; and 2) Introduce on first reading Ordinance No.
1820, "AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTION 2.02.035 TO THE PALM SPRINGS
MUNICIPAL CODE, RELATING TO FILING CANDIDATE PROFILES AT
MUNICIPAL ELECTIONS." Motion Mayor Pougnet, seconded by
Councilmember Hutcheson and carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Hutcheson, Mayor
Pro Tern Mills, and Mayor Pougnet.
NOES: None.
ABSTAIN: Councilmember Lewin.
3.6. PROPOSED ORDINANCE AMENDING THE HOTEL OPERATIONS
INCENTIVE PROGRAM:
John Raymond, provided background information as outlined in the staff
report dated May 1, 2013.
Councilmember Foat requested staff address the definition of minimum
standards, and the number of rooms to qualify for the program
Councilmember Lewin questioned staff on the number of small hotels
participating in the program, and requested the City Council provide
incentives for ten years for small hotels.
Mayor Pro Tem Mills requested staff clarify the maximum amount
allowable under the proposed ordinance, and the purpose of assisting with
the financing gap for new hotels.
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Councilmember Lewin questioned if the City needs additional hotels near
the Palm Springs Convention Center, and requested staff outline other
economic benefits from the new development.
ACTION: 1) Waive the reading of the ordinance text in its entirety and
introduce by title only; and 2) Introduce on first reading Ordinance No.
1821, "AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 5.26.020, 5.26.030 AND 5.26.040
OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE
HOTEL OPERATIONS INCENTIVE PROGRAM" amending the Ordinance
as follows: a) definition of "Comfort hotel' to provide "appropriate"
standards; b) definition of "Hotel'to provide "four"or more guest rooms; c)
providing Comfort New Hotel an incentive for "ten"years; and d) providing
that all Existing Hotels have identical incentive programs for ten years or
twenty-five million dollars. Motion Councilmember Foat, seconded by
Mayor Pougnet and unanimously carried on a roll call vote.
4. UNFINISHED BUSINESS:
4.A. PRESENTATION AND DISCUSSION OF THE DRAFT FISCAL YEAR
2013-14 BUDGET:
ACTION: Direct the City Clerk to Notice the Fiscal Year 2013-14 Budget
Public Hearing for the regular meeting of May 15, 2013, pursuant to City
Charter Section 902. Motion Mayor Pro Tem Mills, seconded by
Councilmember Lewin and unanimously carried on a roll call vote.
5. NEW BUSINESS:
S.A. DESIGNATION OF A VOTING DELEGATE AND ALTERNATE FOR THE
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS, 2013
GENERAL ASSEMBLY TO BE HELD MAY 2 TO MAY 3, 2013:
ACTION: 1) Appoint Councilmember Foat as a Voting Delegate; and
2) Appoint Councilmember Lewin as the Alternate Voting Delegate for the
Southern California Association of Governments. Motion Mayor Pro Tem
Mills, seconded by Councilmember Hutcheson and unanimously
carried on a roll call vote.
S.B. LICENSE AGREEMENT WITH THE PALM SPRINGS WALK OF STARS
AND APPOINT A CITY REPRESENTATIVE TO SERVE ON THE WALK
OF STARS SELECTION COMMITTEE:
City Manager Ready provided background information as outlined in the
staff report dated May 1, 2013.
Councilmember Lewin requested the City Council consider a moratorium
on the installation of stars in the Downtown revitalization area.
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Councilmember Foat questioned if the City has requested from the Walk
of Stars a copy of their Form 990, and requested the City Manager
request a copy of Form 990 for the last three years.
Mayor Pro Tem Mills noted his support for a moratorium on the installation
of stars in the revitalization area of Downtown, and commented on the
relocation of stars due to the Downtown Revitalization construction.
ACTION: 1) Approve a renewal of the License Agreement with the Palm
Springs Walk of Stars, amending the agreement to provide an interim
moratorium of the installation of stars in the area of the Downtown
Revitalization construction project and requires the submission of Form
990 for the prior three years; 2) Appoint City Manager David Ready to
serve on the Walk of Stars Selection Committee; and 3) Authorize the City
Manager to execute all necessary documents. A4981. Motion
Councilmember Hutcheson, seconded by Mayor Pro Tern Mills.
COUNCILMEMBER REPORTS, REQUESTS, AND COMMENTS:
Mayor Pro Tern Mills requested staff address the lack of maintenance of the pedestrian
bridge on Indian Avenue.
Councilmember Foat requested an update on the installation of the crosswalks on North
Palm Canyon.
ADJOURNMENT: The City Council adjourned at 8:14 p.m. to Wednesday,
May 15, 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
15T" DAY OF MAY, 2013.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
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