HomeMy WebLinkAbout2012-06-06 CC MINUTES CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
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MEETING MINUTES
WEDNESDAY, JUNE 6, 2012
CITY HALL COUNCIL CHAMBER
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:14 p.m.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge.
INVOCATION: Rev. Kevin A. Johnson, Bloom in the Desert Ministries, led the
Invocation.
ROLL CALL:
PRESENT: Councilmember Hutcheson, Councilmember Lewin,
Councilmember Mills, Mayor Pro Tern Foat, and Mayor Pougnet.
ABSENT: None.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS: Mayor Pougnet and the City Council presented a Certificate of
Appreciation to Palm Springs Rodeo Queen Jesse Reeske.
Mayor Pro Tern Foat announced the discount pet adoption fees at the Palm Springs
Animal Shelter.
Mayor Pougnet announced the unveiling of the Forever Marilyn artwork in Downtown
Palm Springs, the first Measure "J" Oversight Commission meeting', the Police and Fire
Department Appreciation Luncheon, and the upcoming July 4th Power Baseball and
Fireworks show.
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.
ELAINE CLERMONT, commented on an Item of potential litigation concerning the
power plant being built and the hazards to the community with respect to potential
claims against the State of California.
City Attorney Holland requested the City Council add an Item to the Closed Session
Agenda pursuant to G.C. Section 54956.9(a) Existing Litigation titled Court of Appeal
(2nd Dist.) in Pack v. Superior Court, District Court of Appeals, Case No. B228781, and
City Council Minutes
June 6,2012
Page 2
noted this Item came to the attention of the City after the posting of the Agenda and
there is an immediate need to hear and/or take action on the Item.
ACTION: 1) Make the finding that the Item came to the attention of the City after the
posting of the Agenda and there is an immediate need to hear and/or take action on the
Item; and 2) Add one item of Existing Litigation to the Closed Session Agenda, pursuant
to G.C. Code Section 54956.9(a) titled Court of Appeal (2nd Dist.) in Pack v. Superior
Court, District Court of Appeals, Case No. B228781. Motion Councilmember Mills,
seconded by Councilmember Hutcheson and unanimously carried (5-0).
City Attorney Holland stated 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 the City Labor Negotiator, provided direction to the City Property
Negotiator with respect to the property located adjacent to 572 North Indian Canyon
Drive, otherwise no reportable actions were taken.
ACCEPTANCE OF THE AGENDA:
City Attorney Holland requested the City Council remove Item 2.Q. 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:
I.A. CITY COUNCIL AND ACTING AS THE SUCCESSOR AGENCY FOR
THE COMMUNITY REDEVELOPMENT AGENCY AND HOUSING
SUCCESSOR AGENCY ADOPTING THE FISCAL YEAR 2012-13
BUDGET, ALLOCATED POSITIONS AND COMPENSATION PLAN,
APPROPRIATIONS LIMIT, AND FUND BALANCE DESIGNATION
POLICY:
City Manager Ready and Geoffrey Kiehl, Director of Finance, provided
background as outlined in the Fiscal Year 2012-13 Budget.
Mayor Pougnet opened the public hearing, and no speakers coming
forward the public hearing was closed.
The City Council discussed and/or commented on, the following with
respect to the Fiscal Year 2012-13 Budget: landscaping costs at the Palm
Springs Animal Shelter, body armor replacement, for public safety
employees, inmate transportation costs to ease burden of police officers to
remain on duty, potential of AB 109 on prison and funding for a grant
writer for public safety, accounting and impacts to the Finance Department
for Measure "J" funding, staffing at the Palm Springs Animal Shelter and
City Council Minutes
June 6,2012
Page 3
the use of temporary employees, and the mechanism to transfer from
Measure "J" fund to the Debt Service Fund.
The City Council discussed and/or commented on the following with
respect to Special Events and Contributions: elimination of the Marine
Band Concert, September 11th Memorial Event and the Magic of
Christmas, increasing Palm Springs Pride Celebration to $20,000 or
$25,000„ Modernism Week to $25,000, adding the three Cultural Center
festivals at $5,000 each, and increasing the Opera in the Park to $6,000.
ACTION: Approve the Fiscal Year 2012-13 Special Events and
Contributions amending: (i) eliminate the funding for the Marine Band
Concert ($10,000); (ii) eliminate the funding for the September 11th
Memorial Event ($7,000); (iii) eliminate the funding for the Magic of
Christmas ($15,000); (iv) increase the funding for the Palm Springs Pride
Celebration to $20,000; (v) increase the funding for.Modernism Week to
$25,000; (vi) increase the funding for Opera in the Park to $6,000 and
(vii) add funding for the Palm Springs Cultural Center events, the Arthur
Lyons Film Festival, the Cinema Diverse, and the American Documentary
Film Festival in the amount of $5,000 each. Motion Councilmember
Hutcheson, seconded by Mayor Pro Tern Foat and unanimously
carried on a roll call vote.
Mayor Pougnet stated he has a conflict of Interest with respect to the
discussion of funding the Palm Springs International Film Festival, would
not participate in the discussion or the vote, and left Council Chamber.
Mayor Pro Tern Foat conducted this portion of the meeting.
The City Council discussed and/or commented on the following with
respect to the International Film Festival: return on investment and the
income generated to the City.
ACTION: Approve the Special Event funding for the Palm Springs
International Film Festival in the amount of $350,000. Motion
Councilmember Mills, seconded by Councilmember Lewin and
unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Lewin,
Councilmember Mills, and Mayor Pro Tern Foat.
NOES: None.
ABSENT: Mayor Pougnet.
Mayor Pougnet returned to the dais. Mayor Pro Tem Foat stated she has
a business related conflict of interest with respect to, the funding of the
Mizell Senior Center, would not participate in the discussion or the vote,
and left Council Chamber.
City Council Minutes
June 6,2012
Page 4
The City Council discussed and/or commented on the following with
respect to the Senior Center contribution: the aging population and the
funding required for the programs, the amount of funding has stayed static
for a number of years, and increasing the contribution to $60,000.
ACTION: Approve the Special Event funding for the Mizell Senior Center
in the amount of $60,000. Motion Councilmember Mills, seconded by
Councilmember Hutcheson and unanimously carried 4-0 on a roll call
vote.
AYES: Councilmember Hutcheson, Councilmember Lewin,
Councilmember Mills, and Mayor Pougnet.
NOES: None.
ABSENT: Mayor Pro Tern Foat.
Mayor Pro Tem Foat returned to the dais.
ACTION: 1) Adopt Resolution No. 23145, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR
FISCAL YEAR 2012-13, EXTENDING THE REDUCTION IN
COMPENSATION OF THE MAYOR AND COUNCILMEMBERS, AND
EXTENDING THE REDUCTION IN SALARIES AND SCHEDULES FOR
THE EXECUTIVE MANAGEMENT GROUP;" 2) Adopt Resolution No.
23146, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING THE BUDGET FOR
FISCAL YEAR 2012-13 AND SUCH OTHER MATTERS AS REQUIRED;"
3) Adopt Resolution No. 23147, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING
SOLELY IN ITS CAPACITY AS THE SUCCESSOR AGENCY TO THE
CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY,
AND ACTING SOLELY IN ITS CAPACITY AS THE HOUSING
SUCCESSOR AGENCY TO THE CITY OF PALM SPRINGS
COMMUNITY REDEVELOPMENT AGENCY, APPROVING THE
SUCCESSOR AGENCY AND HOUSING SUCCESSOR AGENCY
BUDGETS FOR FISCAL YEAR 2012-13, AND OTHER SUCH MATTERS
AS REQUIRED;" 4) Adopt Resolution No. 23148, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADOPTING AN APPROPRIATIONS LIMIT FOR THE FISCAL YEAR
ENDING JUNE 30, 2012;" and 5) Direct the City Manager and Director of
Finance and Treasurer to make the appropriate modifications to the
Budget and prepare the final budget document for Fiscal Year 2012-13.
Motion Mayor Pro Tern Foat, seconded by Councilmember Lewin and
unanimously carried on a roll call vote.
City Council Minutes
June 6,2012
Page 5
1.13. APPEAL OF THE PLANNING COMMISSION DECISION BY BEST
SIGNS REPRESENTING LUNDIN DEVELOPMENT TO
CONDITIONALLY APPROVE THE DESIGN OF THE REVISED
MONUMENT SIGNS AT THE RALPHS CVS PHARMACY CENTER
LOCATED AT 425 SOUTH SUNRISE WAY SIGN PROGRAM
AMENDMENT APPEAL (CASE SP 06-084):
Craig Ewing, Director of Planning Services, provided background as
outlined in the staff report dated June 6, 2012.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council
JESSE CROSS, Best Signs, Applicant, requested the City Council remove
the size restrictions, the logo restriction, and the restrictions on the
businesses that could be included on the sign and requested the City
Council provide relief for conditions 1, 2 7, and 9.
No further speakers coming forward, the public hearing was closed.
Councilmember Mills commented on a specific percentage reduction and
stated it is not workable, the exposure for businesses without street
frontage, in support of allowing the logo as long as it fits in the allotted
space, and requested the City Council also consider the elimination of
Condition No. 9, and requested language be added to Condition No. 5
regarding the supports.
Councilmember Hutcheson stated his disappointment with the AAC and
the Planning Commission with respect to Condition No. 1 as the sign
meets the criteria pursuant to the City Council discussion and prior
approval.
Mayor Pro Tem Foat requested the Applicant address the exposure to all
businesses, the listing of businesses on the sign to provide exposure to all
businesses, and stated her concern about the height of the sign.
Councilmember Lewin stated this sign is a vast improvement and the extra
height allows for a better sign, and stated the owner should dictate who is
placed on the sign.
ACTION: Adopt Resolution No. 23149, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PORTIONS OF THE APPEAL BY BEST SIGNS, INC. TO
ALLOW REDESIGNED MONUMENT SIGNS UNDER THE APPROVED
SIGN PROGRAM AMENDMENT FOR THE RALPHS, CVS PHARMACY
CENTER LOCATED AT 425 SOUTH SUNRISE WAY;" amending the
Resolution by deleting Condition No. 2, Condition No. 7, and Condition
City Council Minutes
June 6,2012
Page 6
No. 9, and amending Condition No. 5 to provide that the vertical supports
are not to the top of the sign. Motion Councilmember Mills, seconded
by Councilmember Hutcheson and carried 4-1 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Lewin,
Councilmember Mills, and Mayor Pougnet.
NOES: Mayor Pro Tern Foat.
PUBLIC COMMENT:
HAROLD BAUMEA, Palm Springs, commented on traffic and speeding on Via Escuela
and stated this is too much traffic for a twenty-five foot street.
GENE WILLIAMS, Palm Springs, commented on Item 5.A. regarding the proposed
Araby Drive bridge at Palm Canyon.
ANDREW STARKE, commented on Item 5.C. regarding the use of the Palm Springs
Stadium for the Desert World Cup.
HAROLD ALLRED, Palm Springs, commented on Item 5.A. regarding the proposed
Araby Drive bridge at Palm Canyon.
RAY LUKE, Palm Springs, commented on Item 5.A. regarding the proposed Araby
Drive bridge at Palm Canyon.
DAVID VALENTINO, Palm Springs, commented on Item 5.A. regarding the proposed
Araby Drive bridge at Palm Canyon.
SUE VALENTINO, Palm Springs, commented on Item 5.A. regarding the proposed
Araby Drive bridge at Palm Canyon.
HEIDI McKEE-McLEND, Palm Springs, commented on Item 5.A. regarding the
proposed Araby Drive bridge at Palm Canyon.
ADELE NORTON, commented on Item 5.A. regarding the proposed Araby Drive bridge
at Palm Canyon.
MARY ALCHIAN, Palm Springs, commented on Item 5.A. regarding the proposed Araby
Drive bridge at Palm Canyon.
THERESA HOYT, Palm Springs, commented on Item S.A. regarding the proposed
Araby Drive bridge at Palm Canyon.
AUDITH LUKE, commented on Item 5.A. regarding the proposed Araby Drive bridge at
Palm Canyon.
City Council Minutes
June 6,2012
Page 7
MARY HENDERSON, commented on Item 5.A. regarding the proposed Araby Drive
bridge at Palm Canyon.
MAGGIE STANTON, commented on Item 5.A. regarding the proposed Araby Drive
bridge at Palm Canyon.
PHYLLIS BURGESS, Palm Springs, commented on the Palm Springs Certified Farmers
Market and the Cultural Center.
CHARLES BURT, Palm Springs, commented on Item 5.A. regarding the proposed
Araby Drive bridge at Palm Canyon.
PAUL LINDER, Palm Springs, commented on Item 5.A. regarding the proposed Araby
Drive bridge at Palm Canyon.
MARK HOCKING, Palm Springs, commented on Item 5.A. regarding the proposed
Araby Drive bridge at Palm Canyon.
JULIE RUPP, commented on Item 5.A. regarding the proposed Araby Drive bridge at
Palm Canyon.
MICHAEL RODRIQUES, Borrego Springs, commented on the Salton Sea State
Recreation Area.
CONNIE BROOKS, Borrego Springs, commented on the Salton Sea State Recreation
Area.
KENNETH GARETT, Palm Springs, commented on Item S.A. regarding the proposed
Araby Drive bridge at Palm Canyon.
JOY MEREDITH, Palm Springs, commented on the Forever Marilyn installation, and
Item 2.N. regarding the hours of two-hour parking in the Downtown and Uptown areas.
KITTY KIELEY HAYES, commented on Item 5.A. regarding the proposed Araby Drive
bridge at Palm Canyon.
KATHLEEN POLLACK, read a statement by Donna Chaban commented on Item 5.A.
regarding the proposed Araby Drive bridge at Palm Canyon.
COUNCILMEMBER COMMENTS:
Mayor Pougnet commented on a recent letter sent to the City regarding the Forever
Marilyn installation.
City Council Minutes
June 6,2012
Page 8
CITY MANAGER'S REPORT: City Attorney Holland requested the City Council recess
into a brief Closed Session prior to the adjournment to further discuss one item on the
posted Closed Session Agenda.
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.P., and 2.R. Motion Councilmember 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 June 6, 2012, City
Council Agenda. Approved as part of the Consent Calendar.
2.13. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of May 16, 2012. Approved
as part of the Consent Calendar.
2.C. APPROVAL OF CLAIMS AND DEMANDS:
ACTION: Adopt Resolution No. 23150, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1056107 THROUGH 1056242 IN THE AGGREGATE
AMOUNT OF $2,265,895.50 DRAWN ON BANK OF AMERICA."
Approved as part of the Consent Calendar.
2.D. 2012 BIENNIAL NOTICE FOR CITY STAFF TO REVIEW THE
CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL
REFORM ACT:
ACTION: Adopt Resolution No. 23151, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
REQUIRING CITY STAFF TO REVIEW THE CONFLICT OF INTEREST
CODE AND SUBMIT THE 2012 BIENNIAL NOTICE AS REQUIRED
UNDER THE POLITICAL REFORM ACT." Approved as part of the
Consent Calendar.
2.E. NOTICE OF INTENT FOR THE ANNUAL LEVY OF ASSESSMENTS
FOR VARIOUS CITYWIDE STREET LIGHTING AND PARKWAY
MAINTENANCE DISTRICTS FOR FISCAL YEAR 2012-13:
ACTION: 1) Adopt Resolution No. 23152, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER'S
REPORT REGARDING STREET LIGHTING MAINTENANCE DISTRICT
NO. 3 ("CROSSLEY TRACT"); AND THE LEVY AND COLLECTION OF
ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR
2012-13;" 2) Adopt Resolution No. 23153, "A RESOLUTION OF THE
City Council Minutes
June 6,2012
Page 9
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON
STREET LIGHTING MAINTENANCE DISTRICT NO. 3 ("CROSSLEY
TRACT"); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS
RELATED THERETO FOR FISCAL YEAR 2012-13;" 3) Adopt Resolution
No. 23154, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING AND
ADOPTING THE ENGINEER'S REPORT REGARDING PARKWAY
MAINTENANCE DISTRICT NO. 6A ("FAIRPORT DEVELOPMENT"); AND
THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED
THERETO FOR FISCAL YEAR 2012-13;" 4) Adopt Resolution No. 23155,
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A
PUBLIC HEARING ON PARKWAY MAINTENANCE DISTRICT NO. 6A
("FAIRPORT DEVELOPMENT"); AND TO LEVY AND COLLECT
ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR
2012-13;" 5) Adopt Resolution No. 23156, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER'S
REPORT REGARDING PARKWAY MAINTENANCE DISTRICT NO. 6C
("PARK SONORA TRACT"); AND THE LEVY AND COLLECTION OF
ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR
2012-13;" 6) Adopt Resolution No. 23157, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON
PARKWAY MAINTENANCE DISTRICT NO. 6C ("PARK SONORA
TRACT"); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS
RELATED THERETO FOR FISCAL YEAR 2012-13;" 7) Adopt Resolution
No. 23158, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING AND
ADOPTING THE ENGINEER'S REPORT REGARDING PARKWAY
MAINTENANCE DISTRICT NO. 7 ("SUNRISE NORTE TRACT"); AND
THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED
THERETO FOR FISCAL YEAR 2012-13;" 8) Adopt Resolution No. 23159,
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A
PUBLIC HEARING ON PARKWAY MAINTENANCE DISTRICT NO. 7
("SUNRISE NORTE TRACT"); AND TO LEVY AND COLLECT ANNUAL
ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2012-13;"
9) Adopt Resolution No. 23160, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER'S
REPORT REGARDING PARKWAY MAINTENANCE, DISTRICT NO. 8
("VINTAGE PALMS TRACT"); AND THE LEVY AND COLLECTION OF
ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR
2012-13;" 10) Adopt Resolution No. 23161, "A RESOLUTION OF THE
City Council Minutes
June 6,2012
Page 10
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON
PARKWAY MAINTENANCE DISTRICT NO. 8 ("VINTAGE PALMS
TRACT"); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS
RELATED THERETO FOR FISCAL YEAR 2012-13;" 11) Adopt
Resolution No. 23162, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY
APPROVING AND ADOPTING THE ENGINEER'S REPORT
REGARDING PARKWAY MAINTENANCE DISTRICT NO. 9 ("FLORA
VISTA"); AND THE LEVY AND COLLECTION OF ANNUAL
ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2012-13;"
12) Adopt Resolution No. 23163, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON
PARKWAY MAINTENANCE DISTRICT NO. 9 ("FLORA VISTA"); AND TO
LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO
FOR FISCAL YEAR 2012-13;" 13) Adopt Resolution No. 23164, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING AND
ADOPTING THE ENGINEER'S REPORTS REGARDING PARKWAY
MAINTENANCE DISTRICT NO. 10, ZONE 1 AND ZONE 2, ("MOUNTAIN
GATE"); AND THE LEVY AND COLLECTION OF ANNUAL
ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2012-13;"
14) Adopt Resolution No. 23165, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON
PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 1 AND ZONE 2,
("MOUNTAIN GATE"); AND TO LEVY AND COLLECT ANNUAL
ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2012-13,"
15) Adopt Resolution No. 23166, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER'S
REPORT REGARDING LANDSCAPE MAINTENANCE DISTRICT NO. 12
("SMOKE TREE COMMONS"); AND THE LEVY AND COLLECTION OF
ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR
2012-13;" 16) Adopt Resolution No. 23167, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON
LANDSCAPE MAINTENANCE DISTRICT NO. 12 ("SMOKE TREE
COMMONS"); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS
RELATED THERETO FOR FISCAL YEAR 2012-13." Approved as part
of the Consent Calendar.
2.F. TREASURER'S INVESTMENT REPORT AS OF APRIL 30, 2012:
ACTION: Receive and file the Treasurer's Investment Report as of
April 30, 2012. Approved as part of the Consent Calendar.
City Council Minutes
June 6,2012
Page 11
2.G. PROPOSED ANNUAL FIVE YEAR MEASURE "A" PLAN FOR FISCAL
YEAR 2012-13 THROUGH 2O16-17:
ACTION: Receive and file the Proposed Annual Five Year Measure "A"
Plan for Fiscal Year 2012-13 through 2016-17. Approved as part of the
Consent Calendar.
2.H. PURCHASE OF A GENERAC MODEL 5D050 DIESEL GENERATOR
FROM BRUDVIK INC. FOR FIRE STATION NO. 441 IN THE AMOUNT
OF $25,845:
ACTION: 1) Approve the purchase of a new GENERAC Model 5D050 50
kW 80 amp generator with 300 gallon fuel tank from Brudvik Inc. in an
amount not to exceed $25,845; and 2) Authorize the City Manager to
execute all necessary documents. Approved as part of the Consent
Calendar.
2.1. APPROVAL OF PARCEL MAP 36387 FOR PROPERTY LOCATED AT
THE NORTHEAST CORNER OF FARRELL DRIVE AND BARISTO
ROAD:
ACTION: 1) Adopt Resolution No. 23168, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PARCEL MAP 36387 FOR PROPERTY LOCATED AT THE
NORTHEAST CORNER OF FARRELL DRIVE AND BARISTO ROAD, IN
SECTION 13, TOWNSHIP 4 SOUTH, RANGE 4 EAST;" and 2) Authorize
the City Manager to execute all necessary documents. Approved as part
of the Consent Calendar.
2.J. PURCHASE AND INSTALLATION OF A NEW BEIJIER ELECTRONICS
AIRFIELD LIGHTING CONTROL SYSTEM FROM RURAL ELECTRIC
INC. IN THE AMOUNT OF $56,840.85:
ACTION: 1) Approve a purchase order contract with Rural Electric Inc. in
the amount of $56,840.85 to furnish and install a new Beijer Electronics
airfield lighting control system in the new Federal Aviation Administration
(FAA) control tower as a sole-source acquisition to comply with the
specifications required by the FAA; and 2) Authorize the City Manager to
execute all necessary documents. Approved as part of the Consent
Calendar.
2.K. RESOLUTION SUPPORTING THE CREATION OF PROGRAMS AND
REGULATIONS TO STOP ILLEGAL FORECLOSURES AND
WRONGFUL EVICTIONS:
ACTION: Adopt Resolution No. 23169, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN
SUPPORT OF THE CREATION OF PROGRAMS AND REGULATIONS
TO STOP ILLEGAL FORECLOSURES AND WRONGFUL EVICTIONS."
Approved as part of the Consent Calendar.
City Council Minutes
June 6,2012
Page 12
2.L. ACCEPT THE RESIGNATION OF LEO COHEN FROM THE HISTORIC
SITE PRESERVATION BOARD:
ACTION: 1) Accept with regret the resignation of Leo Cohen from the
Historic Site Preservation 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.M. PROPOSAL TO SECURE FUNDING FOR EMISSION REDUCTION
PROJECTS, AB 1318 MITIGATION FEES FUND:
ACTION: Receive and file. Approved as part of the Consent Calendar.
2.N. EXTEND SUSPENSION OF TWO-HOUR TIME LIMITS ON PORTIONS
OF INDIAN CANYON DRIVE AND BELARDO ROAD FROM ALEJO
ROAD TO RAMON ROAD AND DOWNTOWN CITY-OWNED PARKING
LOTS AND PARKING STRUCTURE UNTIL JUNE 30, 2013, AND
CHANGE THE HOURS OF ENFORCEMENT FOR ALL OTHER TIME
LIMITED PARKING AREAS PATROLLED FROM BETWEEN 10:00 AM
AND 6:00 PM TO BETWEEN 12 NOON AND 8:00 PM:
ACTION: Adopt Resolution No. 23170, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
EXTENDING SUSPENSION OF TWO-HOUR TIME LIMITS ON
PORTIONS OF INDIAN CANYON DRIVE AND BELARDO ROAD FROM
ALEJO ROAD TO RAMON ROAD AND DOWNTOWN CITY-OWNED
PARKING LOTS AND PARKING STRUCTURE UNTIL JUNE 30, 2013,
AND CHANGE THE HOURS OF ENFORCEMENT FOR ALL OTHER
TIME LIMITED PARKING AREAS PATROLLED FROM BETWEEN 10:00
AM AND 6:00 PM TO BETWEEN 12:00 PM AND 8:00 PM." Approved as
part of the Consent Calendar.
2.0. CONTRACT SERVICE AGREEMENT WITH SYSTEMS INTEGRATION
CORPORATION FOR SECURITY ACCESS CONTROL SYSTEMS
(SACS) MAINTENANCE FOR THREE YEARS NOT TO EXCEED
$93,000 ANNUALLY WITH TWO ONE-YEAR OPTIONS:
ACTION: 1) Approve a contract service agreement with Systems
Integration Corporation to provide labor and materials for SACS annual
maintenance for three years with two one-year options not to exceed
$93,000 per annum, subject to a CPI unit cost adjustment annually; and 2)
Authorize the City Manager to execute all necessary documents. A6245.
Approved as part of the Consent Calendar.
2.P. CITY COUNCIL AS SUCCESSOR AGENCY TO AUTHORIZE THE
ADOPTION OF AMENDMENTS TO THE RECOGNIZED OBLIGATION
PAYMENT SCHEDULES FOR THE PERIOD OF JANUARY 1, 2012,
THROUGH JUNE 30, 2012, AND JULY 1, 2012, THROUGH
City Council Minutes
June 6,2012
Page 13
DECEMBER 31, 2012, IN THE FORM OF AMENDED RECOGNIZED
OBLIGATION PAYMENT SCHEDULES (ROPS):
ACTION: 1) Adopt Resolution No. 23171, "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
AUTHORIZING THE ADOPTION OF AMENDMENTS TO THE
RECOGNIZED OBLIGATION PAYMENT SCHEDULES FOR THE
PERIODS OF JANUARY 1, 2012, THROUGH JUNE 30, 2012, AND JULY
1, 2012, THROUGH DECEMBER 31, 2012, IN THE FORM OF
AMENDED RECOGNIZED OBLIGATION PAYMENT SCHEDULES
(ROPS);" and 2) Direct the Clerk of the Successor Agency to cause the
transmission of the Amended ROPS to the Riverside County Auditor-
Controller, the State Controller's Office, and the State Department of
Finance, or alternatively to provide notice to those entities together with
the address of the City's website and the posting of the ROPS to the City's
website. Approved as part of the Consent Calendar.
2.R. ACCEPTANCE OF OPERATIONS COVENANTS FROM RBD HOTEL
PALM SPRINGS LLC AS OPERATOR OF THE HYATT HOTEL,
RIVIERA REINCARNATE LLC AS OPERATOR OF THE RIVIERA
HOTEL, AND SYDELL PALM SPRINGS LLC AS OPERATOR OF THE
SAGUARO HOTEL; PURSUANT TO THE CITY'S HOTEL OPERATIONS
INCENTIVE PROGRAM:
ACTION: 1) Accept the Operations Covenants between the City and RBD
Hotel Palm Springs LLC, Riviera Reincarnate LLC, and Sydell Palm
Springs LLC in conjunction with the City's Hotel Operations Incentive
Program; and 2) Authorize the City Manager to execute all necessary
documents. A6227. A6236. A6239. Approved as part of the Consent
Calendar.
EXCLUDED CONSENT CALENDAR: Item 2.Q. was discussed prior to adjournment.
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS:
4.A. UPDATE FROM THE CITY'S REPRESENTATIVE TO'THE COACHELLA
VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT AND
DISCUSSION ON MODIFICATIONS TO THE DISTRICT'S BYLAWS:
Sharon Lock, Palm Springs Representative to the, Coachella Valley
Mosquito and Vector Control District, provided background information on
H.R. 872, the Laboratory Expansion Project, and District Bylaw
modifications.
ACTION: 1) Receive and File. By consensus of the City Council.
City Council Minutes
June 6,2012
Page 14
4.13. PROGRESS REPORT AND UPDATE FROM THE CITY COUNCIL
DOWNTOWN REVITALIZATION PROJECT AD HOC SUBCOMMITTEE:
Mayor Pougnet and Councilmember Mills provided a verbal update with
respect to the Downtown Revitalization Project.
5. NEW BUSINESS:
S.A. ARABY DRIVE BRIDGE AT PALM CANYON WASH:
David Barakian, City Engineer, provided background information as
outlined in the staff report dated June 6, 2012.
The City Council discussed and/or commented on the following with
respect to the proposed low water crossing bridge at the Palm Canyon
Wash: status of starting the process, the process and approval needed
with the EIR process, the City responsibility for safety for the residents that
have requested the bridge, any alternative route for the placement of the
bridge, the deadline to make a decision to approve the State
Supplemental Agreement, ensure a way to preserve the currently existing
vegetation, the misinformation put out to the Community, the responsibility
of the City for future disaster repairs, postpone this item until the next City
Council meeting and meet with the residents to seek alternatives, daily
traffic statistics provided on the application and would it have resulted in a
different result from Caltrans, the Fire Department response plan, the
alignment criteria and the specific bridge type, the nature of the
preliminary design, the liability to the City by not installing the bridge, the
alternatives during the environmental process to review all other
alternatives, the residents response to potential inaccuracies on the
application, the concerns of the residents in the minority,
ACTION: 1) Continue discussion to the next regular meeting; and 2)
Appoint Mayor Pro Tem Foat and Councilmember Mills to a City Council
ad hoc Subcommittee for the Araby Bridge. Motion Councilmember
Hutcheson, seconded by Councilmember Lewin and unanimously
carried on a roll call vote.
The City Council recessed at 9:38 p.m. The City Council reconvened at 9:46 p.m.
5.13. OFFICE OF SUSTAINABILITY UPDATE:
Michele Mician, Sustainability Manager, provided background as outlined
in the staff report dated June 6, 2012.
The City Council discussed and/or commented on the following with
respect to sustainability goals: gas leaf blowers and banning of plastic
bags.
City Council Minutes
June 6,2012
Page 15
ACTION: Receive and file. By consensus of the City Council.
ACTION: Continue past the 10:00 p.m. tentative adjournment time. Motion
Councilmember Mills, seconded by Mayor Pro Tem Foat and unanimously
carried.
5.C. DISCUSSION OF THE CITY OF PALM SPRINGS HOSTING THE
UNITED STATES 2013 DESERT WORLD CUP FOR THE OLYMPIC
SPORT OF MODERN PENTATHLON AT THE CITY'S SWIM CENTER,
PAVILION, AND STADIUM FROM FEBRUARY 15 THROUGH
FEBRUARY 26, 2013:
Tom Wilson, Assistant City Manager, provided background as outlined in
the staff report dated June 6, 2012.
ACTION: 1) Host the 2013 World Cup Pentathlon; and 2) Waive use fees
for the Palm Springs Stadium and Cerritos Field', the Palm Springs
Pavilion and the Palm Springs Swim Center. Motion Councilmember
Lewin, seconded by Councilmember Hutcheson and unanimously
carried on a roll call vote.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Lewin requested staff review unlicensed cannabis facilities in the City of
Palm Springs, and recommended a report to create some administrative penalties,
required a City decal and a requirement to post a license, and printing the license
number in any print ads.
Councilmember Mills requested adding photos to the City website.
Mayor Pro Tern Foat requested the City Engineer review the traffic issues on Via
Escuela.
The City Council recessed into Closed Session at 10:20 p.m., to further discuss one
item on the posted Closed Session Agenda.
The City Council reconvened at 10:42 p.m.
REPORT OF CLOSED SESSION: City Attorney Holland stated the City Council
recessed into Closed Session to discuss one item on the posted Closed Session
Agenda, and reported the City Council authorized the sale of an easement located
adjacent to 572 North Indian Canyon Drive, to Pacifica Colony Palms, LLC, requested
the City Council vote on Item 2.Q., and stated the easement documents will be on file in
the Office of the City Clerk when fully executed.
City Council Minutes
June 6,2012
Page 16
2.Q. APPROVING AN EASEMENT FOR PARKING PURPOSES TO PACIFICA
COLONY PALMS:
ACTION: 1) Adopt Resolution No. 23172, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, GRANTING AN
EASEMENT FOR PARKING PURPOSES ALONG GRANVIA VALMONTE AND
VIA CHICA TO THE COLONY PALMS HOTEL;" and 2) Authorize the City
Manager to execute all necessary documents. A6246. By ,unanimous consent
of the City Council.
ADJOURNMENT: The City Council adjourned at 10:44 p.m., to Wednesday, June 20,
2012 at 6:00 P.M. Council Chamber, City Hall, for a Joint Meeting with the Measure "J"
Oversight Commission, followed by the Regular Meeting at 7:00 p.m., 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
20TH DAY OF JUNE, 2012.
STEPH N P. POUGNET, MAYOR
ATTEST:
?JAMES THOMPSON, CITY CLERK