HomeMy WebLinkAbout3/20/2013 - STAFF REPORTS - 2B CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
,F> �9
i
MEETING MINUTES
WEDNESDAY, MARCH 6, 2013
CITY HALL COUNCIL CHAMBER
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:05 p.m.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge.
INVOCATION: Sharon Stroud, Inner Faith Spiritual Center, led the Invocation.
ROLL CALL:
PRESENT: Councilmember Foat, Councilmember Hutcheson, Councilmember
Lewin, Mayor Pro Tern Mills, and Mayor Pougnet.
ABSENT: None.
ALSO PRESENT: None.
PRESENTATIONS:
Mayor Pougnet and the City Council proclaimed the month of March, 2013 as National
Nutrition Month in the City of Palm Springs.
Mayor Pougnet introduced Jim Zicaro, the City's new Building Official.
Mayor Pougnet presented a check to the first Film Friendly award, and provided an
update on Arbor Day activities in the City of Palm Springs.
Councilmember Lewin provided an update on the Las Casuelas solar installation and
the Dr. Seuss event at St. Theresa School.
Councilmember Foat provided an update on the Women Leaders Clinton Health Matters
event, announced pets from the Palm Springs Animal Shelter shipped to Canada, the
Swanky Pets event, and the Meet the Animal Shelter Director event.
Mayor Pougnet announced the Palm Springs Woman's Club Scholarship Luncheon and
Fashion Show, the Fire Department annual Easter egg hunt, the upcoming Tachevah
Outdoor Music Festival, the 2013 Mayor's Race and Wellness Festival.
Jim Gross, PSNIC, presented the recent PSNIC accomplishments and goals for the
upcoming year.
"A';
ITEM NO. C—,
City Council Minutes
March 6, 2013
Page 2
REPORT OF CLOSED SESSION:
City Attorney Holland stated the meeting was called to order at 4:30 p.m. 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:
Councilmember Foat requested Items 2.G., 2.1., and 2.N. be removed from the Consent
Calendar for separate discussion.
Councilmember Lewin requested Items 2.J. and 2.M. be removed from the Consent
Calendar for separate discussion.
ACTION: Accept the Agenda as amended. Motion Mayor Pro Tern Mills, seconded
by Councilmember Hutcheson and unanimously carried on a roll call vote.
1. PUBLIC HEARINGS:
1.A. SECOND READING AND ADOPTION OF ORDINANCE NO. 1817,
PERTAINING TO FIRE SPRINKLER REQUIREMENTS FOR A-2
(ASSEMBLY) OCCUPANCIES, INCLUDING RESTAURANTS AND
BARS:
City Clerk Thompson provided background information as outlined in the
staff report dated March 6, 2013.
Mayor Pougnet opened the Public Hearing, and having no speakers
coming forward the Public Hearing was closed.
ACTION: Waive further reading and adopt Ordinance No. 1817, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SUBSECTION 27 OF SECTION 8.04.510 OF THE PALM
SPRINGS MUNICIPAL CODE (SECTION 903.2.1.2 OF THE STATE FIRE
CODE) PERTAINING TO FIRE SPRINKLER REQUIREMENTS FOR A-2
(ASSEMBLY) OCCUPANCIES, INCLUDING RESTAURANTS AND
BARS." Motion Councilmember Hutcheson, seconded by Mayor Pro
Tern Mills and unanimously carried on a roll call vote.
PUBLIC COMMENT:
THOMAS WORTHY, Palm Springs, commented on a recent incident with the Palm
Springs Police Department.
MANUEL MONTOYA, commented on Item 5.A., and requested the City Council place
the referendum on the ballot.
02
City Council Minutes
March 6, 2013
Page 3
DAVID GRAY, commented on Item 2.J., and requested the City Council approve the
reorganization of the staff at the Palm Springs Public Library.
TOM SWANN, requested the City Council place on an agenda a resolution pertaining to
corporate campaign contributions.
CAROL BOULDIN, requested the City Council place on an agenda a resolution
pertaining to corporate campaign contributions.
LORRAINE SALAS, requested the City Council place on an agenda a resolution
pertaining to corporate campaign contributions.
KRISTIN BLOOMER, commented on the Downtown Revitalization Project, and stated
the City Council should not place the referendum on the ballot.
CHRIS BROOKS, commented on the Downtown Revitalization Project, and stated the
City Council should not place the referendum on the ballot.
HUNTER HOUGH commented on the Downtown Revitalization Project, and stated the
City Council should not place the referendum on the ballot.
HAROLD MATZNER, commented on the Downtown Revitalization Project, and stated
the City Council should not place the referendum on the ballot.
JOY MEREDITH, thanked the City Council for her appointment to the VillageFest
Board, commented on the PSNIC annual picnic, commented on the Downtown
Revitalization Project, and stated the City Council should not place the referendum on
the ballot.
BRADY SANDAHL, commented on the Downtown Revitalization Project, and stated the
City Council should not place the referendum on the ballot.
JOAN MARTIN, commented on Item 5.13. and the referendum for the Downtown
Revitalization Plan, and requested the City Council place the matter on the ballot.
STEVE ROSENBERG, commented on the Downtown Revitalization Project, and the
placement of the matter on the ballot.
AFTAB DADA, Palm Springs, commented on the Downtown Revitalization Project, and
stated the City Council should not place the referendum on the ballot.
COUNCILMEMBER COMMENTS:
Councilmember Foat commented on the Movement to Amend Organization, and stated
the City Council will place item for discussion on a future agenda.
03
City Council Minutes
March 6, 2013
Page 4
CITY MANAGER'S REPORT:
City Manager Ready provided an update on Code Enforcement activities and Uptown
tree Wells.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.H., 2.K., 2.L., 2.P. and
2.Q. Motion Mayor Pro Tem Mills, 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 March 6, 2013,
City Council Agenda. Approved as part of the Consent Calendar.
2.6. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of February 20, 2013,
January 16, 2013, and January 2, 2013. Approved as part of the
Consent Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 23309, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1061296 THROUGH 1061418 IN THE AGGREGATE
AMOUNT OF $1,433,503.44, DRAWN ON BANK OF AMERICA;" 2) Adopt
Resolution No. 23310, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF PAYROLL WARRANTS FOR THE PERIOD ENDED 02-02-13 BY
WARRANTS NUMBERED 418006 THROUGH 418024 TOTALING
$34,112.02, LIABILITY CHECKS NUMBERED 1061419 THROUGH
1061443 TOTALING $123,577.90, FIVE WIRE TRANSFERS FOR
$39,450.60, AND THREE ELECTRONIC ACH DEBITS OF $1,035,162.52
IN THE AGGREGATE AMOUNT OF $1,232,303.04, DRAWN ON BANK
OF AMERICA;" and 3) Adopt Resolution No. 23311, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1061444 THROUGH 1061594 IN THE AGGREGATE
AMOUNT OF $1,404,883.95, DRAWN ON BANK OF AMERICA;" 4) Adopt
Resolution No. 23312, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1061595
THROUGH 1061697 IN THE AGGREGATE AMOUNT OF $2,369,167,79,
DRAWN ON BANK OF AMERICA;" 5) Adopt Resolution No. 23313, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL
WARRANTS FOR THE PERIOD ENDED 02-16-13 BY WARRANTS
04
City Council Minutes
March 6, 2013
Page 5
NUMBERED 418025 THROUGH 418043 TOTALING $35,220.09,
LIABILITY CHECKS NUMBERED 1061698 THROUGH 1061722
TOTALING $123,338.35, FIVE WIRE TRANSFERS FOR $39,450.60,
AND THREE ELECTRONIC ACH DEBITS OF $1,022,969.86 IN THE
AGGREGATE AMOUNT OF $1,220,978.90, DRAWN ON BANK OF
AMERICA;" and 6) Adopt Resolution No. 23314, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1061723 THROUGH 1061919 IN THE AGGREGATE
AMOUNT OF $960,488.62, DRAWN ON BANK OF AMERICA."
Approved as part of the Consent Calendar.
2.D. MILLS ACT HISTORIC SITE AGREEMENT WITH MARTINI MADNESS
LLC, FOR THE DEL MARCOS HOTEL LOCATED AT 225 WEST
BARISTO ROAD (HSPB 78):
ACTION: 1) Approve a Mills Act Historic Site Agreement with Martini
Madness, LLC, for the Del Marcos Hotel located at 225 West Baristo
Road; and 2) Authorize the City Manager to execute the agreement; and
3) Direct the City Clerk to record the executed agreement. A6326.
Approved as part of the Consent Calendar.
2.E. APPROVE A PURCHASE ORDER CONTRACT WITH MAXWELL
SECURITY FOR INTERIM UNARMED SECURITY AT THE CITY HALL
FACILITY:
ACTION: Approve a purchase order contract with Maxwell Security for as
needed unarmed security patrol at City Hall at the contracted hourly rate
of$18.00. Approved as part of the Consent Calendar.
2.F. TREASURER'S INVESTMENT REPORT AS OF JANUARY 31, 2013:
ACTION: Receive and file the Treasurer's Investment Report as of
January 31, 2013. Approved as part of the Consent Calendar.
2.H. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E)
AND AUTHORIZATION TO BID FOR THE 2012-13 ANNUAL SLURRY
SEAL PROJECT (CP 13-02):
ACTION: 1) Approve the plans, specifications, and estimate and working
details for the 2012-13 Annual Slurry Seal Project; and 2) Authorize staff
to advertise and solicit bids (CP 13-02). Approved as part of the
Consent Calendar.
2.K. APPROVAL OF PLANS AND SPECIFICATIONS FOR AIRPORT
TERMINAL APRON AND TAXIWAY G REHABILITATION PROJECT
AND AUTHORIZATION TO BID (AIP GRANT NO. 50) (CP 13-16):
ACTION: 1) Approve the plans and specifications for the Airport Terminal
Apron and Taxiway G Project for Airport Improvement Project; and 2)
05
City Council Minutes
March 6, 2013
Page 6
Authorize staff to advertise and solicit bids (AIP GRANT 3-06-0181-50)
(CP 13-16). Approved as part of the Consent Calendar.
2.L. AGREEMENT WITH DARNELL & ASSOCIATES, INC. FOR THE
CITYWIDE SPEED SURVEY PROJECT IN THE AMOUNT OF $44,760
(CP 12-10):
ACTION: 1) Approve an agreement with Darnell & Associates, Inc. for
professional traffic engineering services for the citywide speed survey, in
the amount of $44,760 (CP 12-10); and 2) Authorize the City Manager to
execute all necessary documents. A6328. Approved as part of the
Consent Calendar.
2.P. CITY COUNCIL ACTING SOLELY IN ITS CAPACITY AS SUCCESSOR
AGENCY TO THE PALM SPRINGS COMMUNITY DEVELOPMENT
AGENCY, PROPOSED RESOLUTION APPROVING THE TRANSFER
OF CERTAIN ASSETS TO THE HOUSING SUCCESSOR AGENCY AND
FINDING, RATIFYING, AND CONFIRMING THE TRANSFER OF
CERTAIN ASSETS AND REAL PROPERTY, PREVIOUSLY HELD BY
THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY, TO
THE CITY OF PALM SPRINGS FOR CITY GOVERNMENTAL
PURPOSES:
ACTION: Adopt Resolution No. 23315, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING
SOLELY IN ITS CAPACITY AS THE SUCCESSOR AGENCY TO THE
PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY,
APPROVING THE TRANSFER OF ASSETS TO THE HOUSING
SUCCESSOR AGENCY AND RATIFYING AND CONFIRMING THE
TRANSFER OF CERTAIN REAL PROPERTY TO THE CITY OF PALM
SPRINGS FOR CITY GOVERNMENTAL PURPOSES." Approved as
part of the Consent Calendar.
2.Q. APPOINTMENTS TO THE VILLAGEFEST BOARD:
ACTION: 1) Appoint Heidi Epling to the VillageFest Board for the term
ending June 30, 2014; and 2) Appoint Joy Meredith to the VillageFest
Board for the term ending June 30, 2016. Approved as part of the
Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2.G. SERVICE AGREEMENT WITH TIME WARNER CABLE FOR
ENHANCED WIRELESS INTERNET CAPACITY AT THE PALM
SPRINGS INTERNATIONAL AIRPORT:
Councilmember Foat commented on complaints received concerning Time
Warner Cable, and requested staff address other options.
06
City Council Minutes
March 6, 2013
Page 7
ACTION: 1) Approve the sole-source Service Agreement with Time
Warner Cable for 36 months in the amount of $1,820 per month and a
one-time installation fee of $4,984, for a total amount of $70,504; and 2)
Authorize the City Manager to execute all necessary documents. A6327.
Motion Mayor Pro Tem Mills, seconded by Councilmember Lewin and
carried 4-1 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Lewin,
Mayor Pro Tem Mills, and Mayor Pougnet.
NOES: Councilmember Foat.
2.1. ACCEPT THE RESIGNATION OF NANCY FERGUSON FROM THE
PARKS & RECREATION COMMISSION:
Councilmember Foat commented on the letter received from
Commissioner Ferguson, and requested staff address the concerns in the
letter.
ACTION: 1) Accept with regret the resignation of Nancy Ferguson from
the Parks & Recreation Commission; and 2) Direct the City Clerk to post a
Notice of Vacancy for the unexpired term ending June 30, 2015. Motion
Mayor Pro Tem Mills, seconded by Councilmember Hutcheson and
unanimously carried on a roll call vote.
2.J. PALM SPRINGS LIBRARY STAFF REORGANIZATION AND
EXTENDED SERVICE DAYS AND HOURS APPROVING AMENDMENT
NO. 3 TO THE FISCAL YEAR 2012-13 ALLOCATED POSITIONS AND
COMPENSATION PLAN:
Councilmember Lewin thanked staff for bringing this item forward, and
noted the significant increase in service.
ACTION: Adopt Resolution No. 23316, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING AMENDMENT NO. 3 TO THE ALLOCATED POSITIONS
AND COMPENSATION PLAN FOR FISCAL YEAR 2012-13 ADOPTED
BY RESOLUTION NO. 23145, REORGANIZING LIBRARY STAFF AND
EXTENDING SERVICE DAYS AND HOURS." Motion Councilmember
Lewin, seconded by Mayor Pro Tem Mills and unanimously carried
on a roll call vote.
2.M. AMENDMENT NO. 3 TO AGREEMENT NO. A6050 WITH CONSERVE
LANDCARE INC. FOR GATEWAY PARK LANDSCAPE
IMPROVEMENT MAINTENANCE:
ACTION: 1) Approve Amendment No. 3 to Agreement No. A6050 with
Conserve Landcare Inc. in the amount of $20,852, for a revised total
07
City Council Minutes
March 6, 2013
Page 8
contract amount of $65,732; 2) Authorize the City Manager to execute all
necessary documents. A6050. Motion Councilmember Hutcheson,
seconded by Mayor Pro Tern Mills and carried 4-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember Hutcheson,
Mayor Pro Tern Mills, and Mayor Pougnet.
NOES: Councilmember Lewin.
2.N. ESTABLISH A SIGN DISTRICT FOR PERMANENT AND TEMPORARY
SIGNAGE AT THE PALM SPRINGS CONVENTION CENTER LOCATED
AT 277 NORTH AVENIDA CABALLEROS (CASE SI 12-079):
ACTION: Adopt Resolution No. 23317, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING THE ESTABLISHMENT OF A SPECIAL SIGN DISTRICT
FOR THE PALM SPRINGS CONVENTION CENTER, LOCATED AT 277
NORTH AVENIDA CABALLEROS (CASE SI 12-079)." Motion Mayor Pro
Tern Mills, seconded by Mayor Pougnet and carried 4-1 on a roll call
vote.
AYES: Councilmember Hutcheson, Councilmember Lewin,
Mayor Pro Tern Mills, and Mayor Pougnet.
NOES: Councilmember Foat.
2.0. APPROVE THE LEASE/PURCHASE OF 246 PIECES OF GOLF
COURSE MAINTENANCE EQUIPMENT TO SERVICE THE CITY'S
TAHQUITZ CREEK LEGENDS AND RESORT GOLF COURSES AND
AMEND THE MASTER LEASE AGREEMENT, NUMBER 40911004, TO
FINANCE THE LEASE/PURCHASE OF THE EQUIPMENT THROUGH
EVERBANK COMMERCIAL FINANCE:
Withdrawn from the Agenda at the request of staff.
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS:
4.A. PALM SPRINGS PROMENADE LLC APPROVAL OF DOWNTOWN
PALM SPRINGS RENOVATION PROJECT, REVIEW OF HOTEL
REDESIGN (CASE 5.1290 PD 361):
Craig Ewing, provided background information as outlined in the staff
report dated March 6, 2013.
John Wessman, Developer, outlined the modifications to the exterior
elevations.
Councilmember Lewin requested the Developer address the color palette.
03
City Council Minutes
March 6, 2013
Page 9
Councilmember Foat stated the Desert Sun printed the incorrect photos,
and requested the Desert Sun note the correction and reprint the correct
photos.
Mayor Pro Tern Mills commented on the development of the project and
commented on the look and feel of the project and the statement the
project will make for the City and the Downtown.
Councilmember Hutcheson commented on the public input and the public
process in the development of the project.
Councilmember Lewin commented on the pedestrian experience.
Mayor Pougnet commented on the Specific Plan and the Project
Financing Agreement.
ACTION: Approve the revised elevations and determine that Condition
No. 1 of the Conditions of Approval to Resolution No. 23270 has been
satisfied. A6144. Motion Councilmember Foat, seconded by Mayor
Pro Tern Mills and unanimously carried on a roll call vote.
The City Council recessed at 7:52 p.m.
The City Council reconvened at 7:56 p.m.
5. NEW BUSINESS:
5.A. PROPOSED ACTIONS REGARDING A REFERENDUM PETITION
FILED FOR RESOLUTION NO. 23270, RECONSIDERATION OF THE
RESOLUTION OR CALLING AN ELECTION AND OTHER MATTERS
AS REQUIRED BY LAW REGARDING THE APPROVAL OF A
PRELIMINARY PLANNED DEVELOPMENT DISTRICT LOCATED
WITHIN BLOCK C OF THE MUSEUM MARKET PLAZA SPECIFIC
PLAN:
City Attorney Holland provided background information as outlined in the
staff report dated March 6, 2013.
Mayor Pougnet thanked the City Attorney for the comprehensive staff
report, noted the manner in which signatures were secured, and
recommended the City Council not place the referendum on the ballot.
Councilmember Lewin requested the City Attorney address 'legislative
act" as opposed to "administrative act."
Mayor Pro Tern Mills commented on the development of the Specific Plan,
and stated the Specific Plan was a legislative act.
09
City Council Minutes
March 6, 2013
Page 10
Councilmember Hutcheson commented on the City's priority of
redeveloping the Downtown area, stated the City Council should not take
any action to delay the project, commented on the referendum process in
the State of California, and stated his support to decline to place the
measure on the ballot.
Councilmember Foat commented on participatory government, the
process of signature gathering, the development of the Downtown plan,
and the development of the project.
ACTION: Determine that Resolution No. 23270 is not a legislative action
of the City Council subject to the referendum and decline to place the
matter on the ballot. Motion Mayor Pougnet, seconded by Mayor Pro
Tem Mills and unanimously carried on a roll call vote.
5.6. APPOINTMENTS TO THE VILLAGEFEST BOARD:
Moved to the Consent Calendar as Item 2.Q.
5.C. SALE AND A SITE ASSEMBLY AND PARKING AGREEMENT WITH
CDI VENTURES, LLC FOR AN APPROXIMATE 7.8 ACRE PARCEL AT
THE NORTHEAST CORNER OF CALLE ALVARADO AND AMADO
ROAD FOR THE DEVELOPMENT OF A 200-ROOM DOLCE HOTEL:
John Raymond, Director of Community and Economic Development,
provided background information as outlined in the staff report dated
March 6, 2013.
Councilmember Foat commented on the Dolce Hotel brand.
Councilmember Hutcheson commented on the need for hotels near the
Convention Center.
Councilmember Lewin noted the investment in the City of Palm Springs,
the creation of jobs and impact to the community.
Mayor Pro Tern Mills commented on the original study surrounding the
Convention Center, and the proposed hotel.
ACTION: 1) Approve an Agreement for the sale and site assembly and
parking agreement with CD] Ventures, LLC, for the development of a 200-
Room Dolce Hotel; and 2) Authorize the City Manager to execute all
necessary documents. A6329. Motion Councilmember Foat, seconded
by Mayor Pougnet and unanimously carried on a roll call vote.
10
City Council Minutes
March 6, 2013
Page 11
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Hutcheson noted this was the last City Council meeting for Craig Ewing
as the Planning Director, and thanked him for his public service.
Mayor Pro Tern Mills commented on the development of the Specific Plan by Craig
Ewing, and thanked him for his public service.
Mayor Pougnet commented on Measure "J" funding priorities and requested additional
details for land acquisition to the Measure "J" Oversight Commission, stated he
received proposals for lighting and he has requested the City Manager follow-up on the
proposals, requested City Staff continue enforcement of medical cannabis
establishments, and commented on a recent Valley Voice in the Desert Sun.
ADJOURNMENT: The City Council adjourned at 8:56 p.m. to Wednesday,
March 20, 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,
California.
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS
20TH DAY OF MARCH, 2013.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
11