HomeMy WebLinkAbout2012-09-05 CC MINUTES CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
QD
MEETING MINUTES
WEDNESDAY, SEPTEMBER 5, 2012
CITY HALL COUNCIL CHAMBER
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:10 p.m.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge.
INVOCATION: Father John Kavcak, Our Lady of Solitude Church, led the Invocation.
ROLL CALL:
PRESENT: Councilmember Hutcheson, Councilmember Lewin,
Councilmember Mills, Mayor Pro Tem Foat, and Mayor Pougnet.
ABSENT: None.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS:
City Manager Ready introduced Jeannie Kays, Director of Library Services.
PS Resorts provided an update on the successful events at the Marilyn Forever
installation.
Dale Cook, Community and Economic Development Administrator, provided an update
on the recent NCDA Conference held in Palm Springs.
Mayor Pougnet announced the recent filming of the Liberace Movie in the City of Palm
Springs.
Councilmember Lewin announced the upcoming one-year anniversary of LULU Palm
Springs and the recent Kim and Jim Day in the City of Palm Springs.
Mayor Pro Tern Foat provided an update on the City's participation in the San Diego
Gay Pride Parade.
Mayor Pougnet announced the upcoming Milanovich Bridge dedication.
REPORT OF CLOSED SESSION:
The meeting was called to order at 4:00 p.m., and the following speakers addressed the
City Council pertaining to matters on the posted Closed Session Agenda.
City Council Minutes
September 5,2012
Page 2
ELAINE CLERMONT, commented on the evaluation of the City Manager and the City
Attorney.
City Attorney Holland stated the City Council recessed into Closed Session at 4:00 p.m.
to discuss items on the posted Closed Session Agenda.
City Attorney Holland stated the City Council provided direction to staff with respect to
labor negotiations and real property, no reportable actions were taken.
ACCEPTANCE OF THE AGENDA:
Mayor Pro Tem Foat noted her business related abstention on Item 2.C. Warrant
Nos. 1057181, 1057182, and 1057898, and requested Items 2.P., 2.R., and 2.V. be
removed from the Consent Calendar for separate discussion.
Councilmember Mills noted his business related abstention on Item 2.C. Warrant
Nos. 1057247, 1057249, and 1057250.
Councilmember Lewin and Mayor Pougnet requested Item 2.1-11. be removed from the
Consent Calendar for separate discussion.
ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded
by Councilmember Hutcheson and unanimously carried on a roll call vote.
1. PUBLIC HEARINGS:
1.A. ZONE TEXT AMENDMENT RELATED DIRECTOR REFERRALS FOR
LAND USE PERMITS, MINOR ARCHITECTURAL APPROVALS AND
ADMINISTRATIVE MINOR MODIFICATIONS (CASE 5.1273):
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated September 5, 2012.
Mayor Pougnet opened the public hearing, and no speakers coming
forward the public hearing was closed.
Councilmember Mills commented on the purpose of the ordinance to
expedite the process for small projects and the process through the
Planning Department, and requested the City allow for the applicant to
appeal a decision.
Mayor Pro Tern Foat noted decisions that the Planning Director made that
should have had public comment, stated her support for the proposed
ordinance.
Councilmember Lewin questioned if the proposed ordinance would
undermine the current process with the Planning Director.
City Council Minutes
September 5,2012
Page 3
Councilmember Hutcheson suggested the City Manager be mindful of the
discussion, and stated his support for the proposed ordinance.
Councilmember Lewin suggested a one-year sunset provision on the
ordinance for review by the City Council.
Councilmember Lewin questioned if a fee was imposed on the applicant if
appealed to the Planning Commission.
ACTION: Waive the reading of the ordinance text in its entirety and read
by title only, and introduce on first reading Ordinance No. 1813, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTIONS 94.02.01D.3, 94.06.01.6.2 AND 94.04.00.E.2.A
OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO
DIRECTOR REFERRAL OF MINOR PERMITS TO THE PLANNING
COMMISSION," amending the ordinance to provide the referral to the
Planning Commission must be at the next regular meeting but no later
than 30-days from the date of submission. Motion Mayor Pro Tern Foat,
seconded by Councilmember Hutcheson and carried 4-1 on a roll call
vote.
AYES: Councilmember Hutcheson, Councilmember Lewin, Mayor
Pro Tern Foat, and Mayor Pougnet.
NOES: Councilmember Mills.
1 B. RIGHT-OF-WAY VACATION OF A PORTION OF EAST PALM CANYON
AT 1901 EAST PALM CANYON DRIVE COCO'S RESTAURANT
(FILE R-12-07):
David Barakian, City Engineer, provided background information as
outlined in the staff report dated September 5, 2012.
Mayor Pougnet opened the public hearing, and no speakers coming
forward the public hearing was closed.
Councilmember Mills commented on the submission of a landscape plan,
and recommended the landscape be required to transition with the
adjoining property and easement.
ACTION: Adopt Resolution No. 23211, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, VACATING
AND ABANDONING ALL OF ITS RIGHT, TITLE, AND INTEREST IN A
PORTION OF RIGHT-OF-WAY AT 1901 EAST PALM CANYON DRIVE
(FILE R-12-07);" adding a condition of approval that requires the
landscape be required to transition and be integrated with the adjoining
properties and easement. Motion Councilmember Mills, seconded by
City Council Minutes
September 5,2012
Page 4
Councilmember Hutcheson and unanimously carried on a roll call
vote.
PUBLIC COMMENT:
FATHER JOHN CONNOR, commented on the relocation of Latino Books y Mas from
the Desert Fashion Plaza.
JUSTIN MARTIN, Palm Desert, commented on the relocation of Latino Books y Mas
from the Desert Fashion Plaza.
JI LEE LACY, commented on the relocation of Latino Books y Mas from the Desert
Fashion Plaza.
ALEX GOMEZ, commented on the relocation of Latino Books y Mas from the Desert
Fashion Plaza.
BOB BLINKINSOP, Palm Springs, commented on the relocation of Latino Books y Mas
from the Desert Fashion Plaza.
MOLLY THORPE, requested the City Council waive fees for a new Santa Paws 5K
Event on Saturday, December 22, 2012.
NACHO LIBRO, commented on the relocation of Latino Books y Mas from the Desert
Fashion Plaza.
CIRIA SILVA, commented on the relocation of Latino Books y Mas from the Desert
Fashion Plaza.
PATRICIA RUSHING, Palm Springs, commented on the relocation of Latino Books y
Mas from the Desert Fashion Plaza.
ROBERT LACY, Palm Springs, commented on the relocation of Latino Books y Mas
from the Desert Fashion Plaza.
RON MARSHALL, commented on Consent Calendar Item 2.Q. and stated his support
of the Mills Act Agreement.
BOB THOMAS, Palm Springs, commented on the opportunity provided to him to serve
on the VillageFest Board, upcoming events at VillageFest, and commented on signs in
the Downtown area of Palm Springs.
AMY RAEI, Palm Springs, commented on the relocation of Ignition Cafe from the Desert
Fashion Plaza.
DAVID THORNE, San Diego, commented on Item 5.C. and requested the City Council
support the Hotel Incentive Agreement to the Spanish Inn for a 10-year period.
City Council Minutes
September 5,2012
Page 5
JULIE WARNER, Cathedral City, Palm Springs, commented on the relocation of Latino
Books y Mas from the Desert Fashion Plaza.
JAMES KORTAN, commented on providing a "vest' to the Police Department service
dog and expressed concerns with the Police Department.
TOM SWANN, Rancho Mirage, commented on the activities of the Occupy Coachella
Valley organization and the Citizens United Supreme Court case.
NANCY GUTIERREZ, commented on the activities of the Occupy Coachella Valley
organization and the Citizens United Supreme Court case.
LORRAINE SALAS, Palm Desert, commented on the activities of the Occupy Coachella
Valley organization and the Citizens United Supreme Court case.
FRANCES MILLER, Rancho Mirage, commented on the activities of the Occupy
Coachella Valley organization and the Citizens United Supreme Court case.
CAROLYN KRAUSE, La Quinta, commented on the activities of the Occupy Coachella
Valley organization and the Citizens United Supreme Court case.
TRACY TURNER, Palm Springs, commented on the activities of the Occupy Coachella
Valley organization and the Citizens United Supreme Court case.
CAROL BOULDIN, commented on the activities of the Occupy Coachella Valley
organization and the Citizens United Supreme Court case.
CURT EALY, commented on the relocation of Latino Books y Mas from the Desert
Fashion Plaza.
JOE FOSTER, Palm Springs, commented on the lack of bus service to the train station,
the lack of street sweeping, and his recent arrest and the filing of a complaint due to his
arrest.
JOY MEREDITH, Palm Springs, commented on the relocation of businesses from the
Desert Fashion Plaza, stated her appreciation for the street work in the Downtown area,
and stated her support for the activities of PS Resorts.
COUNCILMEMBER COMMENTS:
Mayor Pougnet requested the City Attorney address the comments made by Joe Foster,
and commented on the relocation of businesses from the Desert Fashion Plaza.
Mayor Pro Tern Foat commented on the relocation of businesses from the Desert
Fashion Plaza.
City Council Minutes
September 5,2012
Page 6
Councilmember Lewin commented on the relocation of businesses from the Desert
Fashion Plaza.
CITY MANAGER'S REPORT: City Manager Ready provided an update on the recent
Code Enforcement activities, and requested the City Engineer provide an update on the
City's flood insurance rating.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.1., 2.J.,
2.K., 2.L., 2.M., 2.N., 2.0., 2.Q., 2.S., 2.T., 2.X., 2.Y., 22. and 2.AA. Motion
Councilmember Hutcheson, seconded by Councilmember Mills 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
September 5, 2012, City Council Agenda. Approved as part of the
Consent Calendar.
23. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of July 11, 2012. Approved
as part of the Consent Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 23212, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 6-23-12 BY WARRANTS NUMBERED 417499 THROUGH
417534 TOTALING $51,679.20, LIABILITY CHECKS NUMBERED
1057109 THROUGH 1057112 TOTALING $2,329.16, ONE WIRE
TRANSFER FOR $1,223.38, AND THREE ELECTRONIC ACH DEBITS
OF $1,164,673.49, IN THE AGGREGATE AMOUNT OF $1,219,905.23,
DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution No. 23213, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND
DEMANDS BY WARRANTS NUMBERED 1057113 THROUGH 1057291
IN THE AGGREGATE AMOUNT OF $2,402,373.99, DRAWN ON BANK
OF AMERICA;" 3) Adopt Resolution No. 23214, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1057292 THROUGH 1057355 IN THE AGGREGATE
AMOUNT OF $706,101.95, DRAWN ON BANK OF AMERICA;" 4) Adopt
Resolution No. 23215, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF PAYROLL WARRANTS FOR THE PERIOD ENDED 7-07-12 BY
WARRANTS NUMBERED 417535 THROUGH 417576 TOTALING
$58,894.51, LIABILITY CHECKS NUMBERED 1057356 THROUGH
1057379 TOTALING $124,732.76, FIVE WIRE TRANSFERS FOR
City Council Minutes
September 5,2012
Page 7
$85,216.95, AND THREE ELECTRONIC ACH DEBITS OF $1,125,676.50,
IN THE AGGREGATE AMOUNT OF $1,394,520.72, DRAWN ON BANK
OF AMERICA;" 5) Adopt Resolution No. 23216, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1057380 THROUGH 1057481 IN THE AGGREGATE
AMOUNT OF $1,859,492.96, DRAWN ON BANK OF AMERICA;" 6) Adopt
Resolution No. 23217, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1057482
THROUGH 1057636 IN THE AGGREGATE AMOUNT OF $1,127,150.13,
DRAWN ON BANK OF AMERICA;" 7) Adopt Resolution No. 23218, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL
WARRANTS FOR THE PERIOD ENDED 7-21-12 BY WARRANTS
NUMBERED 417577 THROUGH 417615 TOTALING $70,632.65,
LIABILITY CHECKS NUMBERED 1057637 THROUGH 1057660
TOTALING $125,343.90, FIVE WIRE TRANSFERS FOR $76,943.10,
AND THREE ELECTRONIC ACH DEBITS OF $1,342,501.34, IN THE
AGGREGATE AMOUNT OF $1,615,420.99, DRAWN ON BANK OF
AMERICA;" 8) Adopt Resolution No. 23219, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1057661 THROUGH 1057777 IN THE AGGREGATE
AMOUNT OF $834,721.89, DRAWN ON BANK OF AMERICA;" 9) Adopt
Resolution No. 23220, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1057778
THROUGH 1057927 IN THE AGGREGATE AMOUNT OF $2,282,513.22,
DRAWN ON BANK OF AMERICA;" 10) Adopt Resolution No. 23221, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL
WARRANTS FOR THE PERIOD ENDED 8-04-12 BY WARRANTS
NUMBERED 417616 THROUGH 417656 TOTALING $52,201.77,
LIABILITY CHECKS NUMBERED 1057928 THROUGH 1057951
TOTALING $123,561.81, FIVE WIRE TRANSFERS FOR $45,066.95,
AND THREE ELECTRONIC ACH DEBITS OF $1,047,800.68, IN THE
AGGREGATE AMOUNT OF $1,268,631.21, DRAWN ON BANK OF
AMERICA;" 11) Adopt Resolution No. 23222, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1057952 THROUGH 1058013 IN THE AGGREGATE
AMOUNT OF $1,029,746.65, DRAWN ON BANK OF AMERICA;" and 12)
Adopt Resolution No. 23223, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED
1058014 THROUGH 1058144 IN THE AGGREGATE AMOUNT OF
City Council Minutes
September 5,2012
Page 8
$1,611,896.17, DRAWN ON BANK OF AMERICA." Approved as part of
the Consent Calendar, noting the business related abstention of
Mayor Pro Tern Foat on Warrant Nos. 1057181, 1057182, and
1057898; and the business related abstention of Councilmember
Mills on Warrant Nos. 1057247, 1057249, and 1057250.
2.D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR
THE MONTH OF JULY 2012:
ACTION: Receive and file the report of Staff Authorized Agreements and
Purchase Orders for the period of July 1 through July 31, 2012. Approved
as part of the Consent Calendar.
2.E. SECOND READING AND ADOPTION OF ORDINANCE NO. 1811,
AMENDING THE PALM SPRINGS MUNICIPAL CODE RELATING TO
ENFORCEMENT OF THE CITY'S MEDICAL CANNABIS REGULATORY
ORDINANCE:
ACTION: Waive further reading and adopt Ordinance No. 1811, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 3.52.030 AND SUBSECTIONS K AND L OF
SECTION 93.23.15 OF, AND ADDING SUBSECTION K TO SECTION
93.23.15 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO
ENFORCEMENT OF THE CITY'S MEDICAL CANNABIS REGULATORY
ORDINANCE." Approved as part of the Consent Calendar.
2.F. CONFLICT OF INTEREST CODE 2012 BIENNIAL NOTICE PURSUANT
TO THE POLITICAL REFORM ACT:
ACTION: 1) Receive and File the 2012 Local Agency Biennial Notice; and
2) Direct staff to promulgate the necessary amendments and return to the
City Council in December for adoption pursuant to the Political Reform
Act. Approved as part of the Consent Calendar.
2.G. AMENDMENT NO. 5 TO AGREEMENT NO.. A5322 WITH CARL
WARREN & COMPANY EXTENDING THE CONTRACT SERVICES
AGREEMENT TO JUNE 30, 2015, FOR CLAIMS ADJUSTMENT AND
ADMINISTRATIVE SERVICE:
ACTION: 1) Approve Amendment No. 5 to Agreement No. A5322 with
Carl Warren & Company extending the Agreement to June 30, 2015; and
2) Authorize the City Manager to execute Amendment No. 5 to the
Agreement. A5322. Approved as part of the Consent Calendar.
2.14. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF
CATHEDRAL CITY TO THE PALM SPRINGS INTERNATIONAL
AIRPORT COMMISSION FOR THE TERM ENDING June 30, 2015:
ACTION: Reappoint Samuel Medrano, as the City of Cathedral City
representative, to the Palm Springs International Airport Commission for
the term ending June 30, 2015. Approved as part of the Consent
Calendar.
City Council Minutes
September 5,2012
Page 9
2.1. DECLARE A VACANCY ON THE SUSTAINABILITY COMMISSION FOR
THE UNEXPIRED TERM ENDING JUNE 30, 2015:
ACTION: 1) Declare the office held by Keith Wisot on the Sustainability
Commission vacant; and 2) Direct the City Clerk to post a Notice of
Vacancy for the unexpired term ending June 30, 2015. Approved as part
of the Consent Calendar.
2.J. ACCEPT THE RESIGNATION OF STEVEN SIMS FROM THE PARKS
AND RECREATION COMMISSION:
ACTION: 1) Accept with regret the resignation of Steven Sims from the
Parks and Recreation Commission; and 2) Direct the City Clerk to post a
Notice of Vacancy for the unexpired term ending June 30, 2013.
Approved as part of the Consent Calendar.
2.K. DECLARE A VACANCY ON THE BOARD OF APPEALS:
ACTION: 1) Declare the office held by Norm Brown on the Board of
Appeals vacant; and 2) Direct the City Clerk to post a Notice of Vacancy.
Approved as part of the Consent Calendar.
2.L. APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE
MANAGEMENT ASSOCIATION OF PALM SPRINGS:
ACTION: 1)Adopt Resolution No. 23224, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A MEMORANDUM OF UNDERSTANDING RELATIVE TO
WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF
EMPLOYMENT FOR EMPLOYEES IN THE MANAGEMENT
ASSOCIATION OF PALM SPRINGS, FOR THE PERIOD JULY 1, 2012,
THROUGH JUNE 30, 2014, SUBJECT TO UNIT'S RATIFICATION AND
EXECUTING THE MEMORANDUM OF UNDERSTANDING;" and 2)
Authorize the City Manager to execute the Memorandum of
Understanding in a form acceptable to the City Attorney. A5573.
Approved as part of the Consent Calendar.
2.M. TREASURER'S INVESTMENT REPORT AS OF JUNE 30, 2012, AND
JULY 31, 2012:
ACTION: 1) Receive and file the Treasurer's Investment Report as of
June 30, 2012; and 2) Receive and file the Treasurer's Investment Report
as of July 31, 2012. Approved as part of the Consent Calendar.
2.N. ADOPTION OF FAIR POLITICAL PRACTICES COMMISSION FORM
806 RELATING TO COMPENSATED CITY COUNCIL APPOINTMENTS
PURSUANT TO THE CAL. CODE OF REGULATIONS ' 18705.5:
ACTION: Adopt FPPC Form 806 Agency Report of Public Official
Appointments dated August 1, 2012. Approved as part of the Consent
Calendar.
City Council Minutes
September 5,2012
Page 10
2.0. AUTHORIZE THE USE OF MEASURE "J" FUNDS FOR EXPENSES
RELATED TO THE IMPLEMENTATION, ADMINISTRATION, AND
AUDIT OF THE MEASURE "J" ADD-ON SALES TAX AND WITH THE
DOWNTOWN REVITALIZATION PROJECT:
ACTION: Authorize the City Manager to execute all appropriate budget
and expenditure transfers related to the implementation, administration,
and audit costs to the Measure "J" Fund. Approved as part of the
Consent Calendar.
2.Q. APPROVING A MILLS ACT HISTORIC SITE AGREEMENT WITH
DOUGLAS K. MACBETH, L. STANLEY DEEN, AND ROYAL HAWAIIAN
HOMEOWNERS ASSOCIATION FOR PROPERTY LOCATED AT
275 TWIN PALMS DRIVE (HSPB 73, HISTORIC DISTRICT NO. 2):
ACTION: 1) Approve a Mills Act Historic Property Preservation Agreement
with the Royal Hawaiian Estates Homeowners Association, Douglas K.
MacBeth, and L. Stanley Deen; 2) Authorize the City Manager to execute
all necessary documents; and 3) Direct the City Clerk to record the
agreement. A6270. Approved as part of the Consent Calendar.
2.S. ACCEPT THE RESIGNATION OF ROBERT SILVERMAN FROM THE
VILLAGEFEST BOARD:
ACTION: 1) Accept with regret the resignation of Robert Silverman from
the Villagefest Board; and 2) Direct the City Clerk to post a Notice of
Vacancy for the unexpired term ending June 30, 2013. Approved as part
of the Consent Calendar.
2.T. MEASURE "J" OVERSIGHT AUDITORS MARYANOV, MADSEN,
GORDON & CAMPBELL:
ACTION: Receive and file. Approved as part of the Consent Calendar.
2.W. APPROVE AIRPORT BAGGAGE CONVEYOR SYSTEM
MODIFICATIONS AND UPGRADES:
ACTION: 1) Approve a purchase order to Matira Industrial Inc., in an
amount not to exceed $43,220.00, to relocate and modify the airport
baggage handling conveyor belt; and 2) Authorize the City Manager to
execute all necessary documents. Approved as part of the Consent
Calendar.
2.X. APPROVE AN AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT WITH PARSONS BRINCKERHOFF, INC. FOR CIVIL
ENGINEERING AND DESIGN SERVICES AT THE AIRPORT:
ACTION: 1) Approve Amendment No. 1 to Agreement No. A6256 with
Parsons Brinckerhoff, Inc., in an amount not to exceed $853,534.27 for bid
phase design services for FAA AIP Project No. 3-06-0181-049-2012
terminal apron and taxiway G pavement rehabilitation, thermoplastics
airfield markings construction management and on-call professional
services projects; and 2) Authorize the City Manager to execute all
City Council Minutes
September 5,2012
Page 11
necessary documents, and approve change orders up to ten percent
(10%) of the total project amount. A6256. Approved as part of the
Consent Calendar.
2.Y. APPROVAL OF CONTRACT CHANGE ORDER NO. 22 FOR THE
INDIAN CANYON DRIVE WIDENING (CITY PROJECT 01-25):
ACTION: 1) Approve Change Order No. 22 to Agreement No. A6108 with
Griffith Company, in the amount of$188,511.94, for a revised total amount
of $3,258,526.94 for the Indian Canyon Drive Widening (City Project No.
01-25); 2) Authorize the City Manager to execute all necessary
documents. A6108. Approved as part of the Consent Calendar.
22. APPROVE AN AGREEMENT FOR THE PURCHASE OF REAL
PROPERTY AND ESCROW INSTRUCTIONS FROM THE CHINO
CIENEGA FOUNDATION, AND STEPHEN C. NICHOLS & SARAH J.
BENSON, TRUSTEES OF THE BENSON-NICHOLS TRUST OF 2003
FOR CERTAIN REAL PROPERTY CONSISTING OF APPROXIMATELY
2.78 ACRES, LOCATED AT THE NORTHWEST CORNER OF
TRAMWAY ROAD AND NORTH PALM CANYON DRIVE, AT 2901
NORTH PALM CANYON DRIVE, (APN 504-040-001-8), IN THE
AMOUNT OF $690,000:
ACTION: 1) Approve an Agreement and Escrow Instructions for the
purchase of real property located at 2901 North Palm Canyon Drive (APN
504-040-001-8), in the amount of $690,000 from Chino Cienega
Foundation and the Stephen C. Nichols & Sarah J. Benson, Trustees of
the Benson-Nichols Trust of 2003; 2) Adopt Resolution No. 23226, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR
2012-13 FOR THE PURCHASE OF REAL PROPERTY LOCATED AT
2901 NORTH PALM CANYON DRIVE." A6271. Approved as part of the
Consent Calendar.
2.AA. PROPOSED RESOLUTION SETTING A PUBLIC HEARING AND
NOTICE FOR THE SALE OF CITY OWNED REAL PROPERTY
LOCATED AT 4810 CAMINO PAROCELA (APN 690-101-032 AND
601-101-033) TO MICHAEL S. HOFFMAN IN THE AMOUNT OF
$140,000:
ACTION: Adopt Resolution No. 23227, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SETTING A
PUBLIC HEARING AND NOTICE THEREOF, PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION 37421, FOR THE SALE
OF PROPERTY LOCATED AT 4810 CAMINO PAROCELA." Approved
as part of the Consent Calendar.
City Council Minutes
September 5,2012
Page 12
EXCLUDED CONSENT CALENDAR:
2.P. AGREEMENT WITH GRANITE CONSTRUCTION CO., INC. FOR THE INDIAN
CANYON DRIVE INTERIM WIDENING PROJECT UNION PACIFIC RAILROAD
BRIDGE TO GARNET AVENUE (CP 01-11A):
Councilmember Lewin requested staff address the background of the project and
clarify the increase in project costs and funding.
ACTION: 1) Approve an agreement with Granite Construction Co. Inc., for the
Indian Canyon Drive Interim Widening Project (Union Pacific Railroad Bridge to
Garnet Ave.) in the amount of $449,999.00 (CP 01-11A); and 2) Authorize the
City Manager to execute all necessary documents. A6269. Motion
Councilmember Mills, seconded by Councilmember Hutcheson and
unanimously carried on a roll call vote.
2.R. AUTHORIZE THE PURCHASE OF 26 NEW REPLACEMENT VEHICLES, 9 OF
WHICH ARE HYBRIDS OR ALTERNATIVE FUEL VEHICLES, FOR USE BY
VARIOUS DEPARTMENTS NOT TO EXCEED $1,471,000:
Mayor Pro Tern Foat thanked staff for the inclusion of hybrid vehicles, and
questioned if additional vehicles could be replaced by hybrid.
ACTION: 1) Approve the purchase of 2 new replacement vehicles for use by the
Wastewater Treatment Plant in an amount not to exceed $365,000; 2) Approve
the purchase of 2 new alternative fuel or hybrid vehicles for use by the Airport in
an amount not to exceed $190,000; 3) Approve the purchase of 22 new
replacement vehicles (7 are hybrid vehicles) for use by various City Departments
in an amount not to exceed $916,000; 4) Authorize staff to conduct the
appropriate bid processes, or utilize cooperative purchase contracts if available,
in accordance with Procurement procedures and authorize the City Manager to
execute all necessary documents, including all purchase orders for the approved
list of vehicles, to expedite the acquisition process; and 5) Adopt Resolution No.
23225, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR
2012-13 FOR VEHICLE REPLACEMENT." Motion Councilmember Mills,
seconded by Mayor Pro Tern Foat and unanimously carried on a roll call
vote.
2.U. VERIFICATION FROM THE STATE OF CALIFORNIA, DEPARTMENT OF
WATER RESOURCES, OF THE CITY'S FULL COMPLIANCE WITH THE
NATIONAL FLOOD INSURANCE PROGRAM:
ACTION: Receive and file. Motion Mayor Pougnet, seconded by
Councilmember Mills and unanimously carried on a roll call vote.
City Council Minutes
September 5,2012
Page 13
2.V. APPROVE AN AMENDMENT TO THE ARCHITECTURAL SERVICES
AGREEMENT WITH URRUTIA A.I.A AND ASSOCIATES FOR AIRPORT
PROJECTS:
Mayor Pro Tern Foat requested staff address the inclusion of the Airport
Commission in the staff report from the Airport, requested the minutes of the
Commission be included, and requested staff address the condition of the
parking lot due to the removal of landscaping.
Councilmember Lewin commented on the lack of clarity in the staff report, and
requested additional information on the project.
Councilmember Mills stated the purpose of the item is to hire the architect to
provide the information the City Council is requesting, and stated the
proposed contract is the starting point.
Councilmember Hutcheson stated his support for the contract, and requested
better information in the staff report.
ACTION: 1) Approve Amendment No. 1 to Agreement No. A6262 with Urrutia
A.I.A and Associates for design, bid, permitting, and construction phase services
in the amount not to exceed $210,975.00 for various Airport Projects; and 2)
Authorize the City Manager to execute all necessary documents, and approve
change orders up to ten percent (10%) over the total project amount. A6262.
Motion Councilmember Mills, seconded by Councilmember Hutcheson and
carried 3-2 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Mills, and Mayor
Pougnet.
NOES: Councilmember Lewin and Mayor Pro Tern Foat.
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS:
4.A. APPROVE AMENDMENT NO. 1 TO THE REIMBURSEMENT
AGREEMENT WITH WESSMAN HOLDINGS, LLC FOR ADDITIONAL
PURSUIT COSTS FOR THE REDEVELOPMENT OF REAL PROPERTY
LOCATED AT 123 NORTH PALM CANYON DRIVE:
John Raymond, Director of Community and Economic Development,
provided background information as outlined in the staff report dated
September 5, 2012.
ACTION: 1) Approve Amendment No. 1 to Agreement No. A6085, with
Wessman Holdings, LLC, for an additional amount of $30,119.10, and
revised contract amount of $230,119.10; and 2) Authorize the City
Manager to execute the Amendment to the Agreement. A6085. Motion
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September 5,2012
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Councilmember Mills, seconded by Councilmember Hutcheson and
unanimously carried on a roll call vote.
5. NEW BUSINESS:
S.A. REQUEST TO AMEND TRACT MAP 28308 BY DOS PALMAS
DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY,
BY WAIVER OF CONDITION OF APPROVAL TO UNDERGROUND
EXISTING OVERHEAD UTILITY LINES ON THE 1.6 ACRE SITE
LOCATED ON THE NORTH SIDE OF SUNNY DUNES ROAD
BETWEEN CALLE AMIGOS AND S. SUNRISE WAY:
David Barakian, City Engineer, provided background information as
outlined in the staff report dated September 5, 2012.
Councilmember Mills suggested the request to go through the trailer park
is correct, and reduce the size of lots to allow for the guy wire to be
located on the property.
ACTION: 1) Deny the request by Dos Palmas Development, LLC, to
waive Condition No. 24 for Tract Map 28308; and 2) Approve the
undergrounding of utilities on the tract map site in accordance with the
City Engineer's specifications. Motion Mayor Pro Tern Foat, seconded
by Councilmember Lewin and unanimously carried on a roll call vote.
5.6. APPOINT THE CITY COUNCIL'S REPRESENTATIVE TO THE
EXECUTIVE COMMITTEE OF THE RIVERSIDE COUNTY DIVISION OF
THE LEAGUE OF CALIFORNIA CITIES:
ACTION: Table Item to September 19, 2012. By consensus of the City
Council.
5.C. AUTHORIZE NEGOTIATION OF HOTEL INCENTIVE ASSISTANCE
AGREEMENTS FOR TWO SPECIFIC HOTEL PROJECTS WITH THE
DOUBLETREE HOTEL AND THE SPANISH INN - MARRIOTT
AUTOGRAPH COLLECTION HOTEL:
John Raymond, Director of Community and Economic Development,
provided background information as outlined in the staff report dated
September 5, 2012.
Mayor Pougnet stated his support for the staff recommendation and
outlined the success of the program.
Mayor Pro Tern Foat requested staff address the criteria to participate in
the proposed agreements, and expressed concerns with the lack of
guidelines.
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September 5,2012
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Councilmember Lewin stated his support of the two projects, and
requested staff address alternatives to the case by case approval of
agreements.
Councilmember Hutcheson stated his support for the case by case
agreements, stated his support of the two proposed agreements, and
recommended the development of criteria as we go forward.
Councilmember Mills stated his support for providing flexibility in the
drafting of basic guidelines that can be adaptable to any needs or future
needs of the City, and questioned if the contracts would be operator
specific.
ACTION: Direct staff to prepare Hotel Incentive Program Agreements with
the Doubletree Hotel and the Spanish Inn - Marriott Autograph Collection
Hotel for approval by the City Council. Motion Mayor Pougnet,
seconded by Councilmember Lewin and unanimously carried on a
roll call vote.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Mayor Pro Tern Foat commented on Item 2.0. and requested the City Manager provide
brief background information.
Councilmember Lewin requested City staff address dead street trees, consider
expanding the Downtown/Uptown Christmas display to Racquet Club, and requested
additional information on the local bus service to the Greyhound station.
Councilmember Mills requested the City Clerk keep the speaker's name on the touch
screen units during the speaker comments.
Mayor Pro Tern Foat commented on the condition of street trees.
Mayor Pougnet commented on the recent service to Cathedral City, requested the
Finance Director provide first quarter sales tax data.
ADJOURNMENT: The City Council adjourned at 9:17 p.m. to Wednesday, September
19, 2012, 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
19T" DAY OF SEPTEMBER, 2012.
STEPH N P. POUG T, MAYOR
City Council Minutes
September 5,2012
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ATTEST:
AMES THOMPSON, CITY CLERK