HomeMy WebLinkAbout2/1/2012 - STAFF REPORTS - 2B IV
CITY COUNCIL
COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
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MEETING MINUTES
WEDNESDAY, JANUARY 18, 2012
CITY COUNCIL CHAMBER
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:06 p.m.
PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard, led the
Pledge.
INVOCATION: Rev. Kevin A. Johnson, Bloom in the Desert Ministries, led the
Invocation.
ROLL CALL:
PRESENT: Councilmember Mills, Mayor Pro Tern Foat, and Mayor Pougnet.
ABSENT: Councilmember Hutcheson and Councilmember Lewin.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS:
Mayor Pougnet provided an update on the recent 2012 Palm Springs International Film
Festival activities and events.
Mayor Pougnet announced the 2012 Human Rights Commission award recipients.
Mayor Pro Tern Foat provided an update on the Women Leaders Forum held on Martin
Luther King Jr. Day.
Mayor Pro Tern Foat announced the upcoming artwork dedication at the Palm Springs
Animal Shelter.
Mayor Pougnet announced the upcoming 2012 State of the City address.
Jarvis Crawford announced the upcoming activities for the City of Palm Springs Black
History Month celebration.
Michele Mician, Sustainability Manager, announced the 2012 Green Citizen of the Year
nominations.
ITEM NO. ��
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Katie Barrows, CVAG, presented the CVAG sustainability programs and activities.
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:
City Clerk Thompson stated the City Council should consider continuing Public Hearing
Item I.A. to February 15, 2012.
ACTION: 1) Continue Public Hearing Item I.A. to February 15, 2012 with no public
testimony at this time; and 2) Direct the City Clerk to post a Notice of Continued Public
Hearing. Motion Mayor Pro Tom Foat, seconded by Councilmember Mills and
unanimously carried 3-0 on a roll call vote.
AYES: Councilmember Mills, Mayor Pro Tom Foat, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Hutcheson and Councilmember Lewin.
Mayor Pougnet requested Item 2.0. be removed from the Consent Calendar for
separate discussion.
Councilmember Mills requested Items 2.J. and 21. be removed from the Consent
Calendar for separate discussion.
ACTION: Accept the Agenda as amended. Motion Mayor Pro Tom Foat, seconded
by Councilmember Mills and unanimously carried 3-0 on a roll call vote.
AYES: Councilmember Mills, Mayor Pro Tom Foat, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Hutcheson and Councilmember Lewin.
1. PUBLIC HEARINGS:
I.A. PROPOSED AMENDMENT TO AN EXISTING CLASS 1 HISTORIC
DESIGNATION FOR PALM SPRINGS CITY HALL TO DENY THE
HISTORIC SITE PRESERVATION BOARD'S REQUEST TO INCLUDE
SITE PARKING AND LANDSCAPE AREAS, AND AMENDING THE
DESIGNATION TO INCLUDE THE CONCRETE PLAZA, LOCATED AT
3200 EAST TAHQUITZ CANYON WAY, A CLASS 1 HISTORIC SITE
(HSPB 33):
ACTION: Continued to February 15, 2012 under Approval of the Agenda.
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1.13. RACQUET CLUB ROAD SEWER CONSTRUCTION REFUND
AGREEMENT:
Dave Barakian, City Engineer, provided background information as
outlined in the staff report dated January 18, 2012.
Councilmember Foat requested staff address the assessment for the lots
in Tuscany Heights, potential assessments to residential lots on the other
side of Racquet Club, and questioned if the City applied for any grants to
extend the lateral sewer lines.
Councilmember Mills questioned if all lots are exempt from mandating
sewer, requested staff clarify the expected costs to qualify for an
exemption, requested the proposed amounts if the City were to implement
an assessment district, and the extension of the Racquet Club sewer.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
WESLEY OLIPHANT, Palm Springs, Applicant, stated the staff report was
complete, these types of reimbursement agreements are standard for
utilities, noted the condition of the Developer, commented on the
allocation method.
STEVE KULA, Palm Springs, stated the agreement should be revised to
clearly indicate that the City and the Developer could collect payment, and
are not required to pay any assessment until a homeowner wishes to
connect to the sewer, requested the City confirm the hardships limits, a
lien would not be recorded against any parties, and requested all parties
be required to provide insurance for work done on site for the protection of
other residents.
CONNIE QUICKLE, Palm Springs, expressed her concern on the
individual titles of homeowners, and read proposed amendments to the
agreement regarding the assessment.
BILL NICHOLSON, Palm Springs, questioned the amount of the
assessment and the lack of assessments on other surrounding parties on
Tuscany Heights Drive, and requested the City Council review the method
of assessment.
JOE BUNTON, Palm Springs, commented on the terrain, noted the
success of the existing septic systems, stated the proposed may affect the
operations at the Wastewater Treatment Plant, and requested the City
Council deny the proposed agreement.
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THERESA OSMAN, Palm Springs, stated removing the boulders under
the street will damage the homes and foundations, commented on the
financial hardship and the method of apportionment, and requested the
City Council vote no on the proposed agreement.
WILLIE HOLLAND, noted his objections to the City forcing people to do
something they do not wish to do.
JOHN HUETTI, Palm Springs, commented on the letter sent to residents,
requested the City Council table the item for 180-days.
DENISE HOETKERR, Palm Springs, stated the agreement is premature
and should be delayed until other developments in the area are finalized.
GREG OLSON, Attorney for Applicant, stated the reason for the public
hearing was for a condition as required by the City to develop the property
and such condition included a City construction refund agreement, and
commented on the exemptions and stated this is not a lien on the
property.
WESLEY OLIPHANT, Applicant Rebuttal, stated the sewer is a benefit to
the community and the agreement could be amended in the future if other
developers come on-line.
No further speakers coming forward, the public hearing was closed.
Mayor Pro Tem Foat requested staff address the letter commenting on the
septic systems, noted on the conditions as approved by the City Council,
and requested staff address if the City could not record as a lien on the
property.
Councilmember Mills commented on the process from prospective buyers
and disclosure, and the document that is being recorded fully explains the
circumstances, and such document is also circulated in the neighborhood,
noted the fairest way to do the apportionment is option 2, and requested
the City Attorney address benefits and cost sharing for surrounding
properties and proposed developments.
Mayor Pougnet reiterated the clarifications as contained in the public
letters and testimony, and for staff to clarify the cost for construction.
Councilmember Mills noted the advantage of having the sewer in the
neighborhood, and noted the advantages of an assessment district.
ACTION: 1) Continue the public hearing; and 2) Direct staff to review and
make recommendations if the Tuscany Heights and Pinnacle
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developments should be incorporated. Motion Mayor Pro Tem Foat,
seconded by Councilmember Mills and unanimously carried 3-0 on a
roll call vote.
AYES: Councilmember Mills, Mayor Pro Tern Foat, Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Hutcheson and Councilmember Lewin.
PUBLIC COMMENT:
DAVID BARON, Palm Springs, commented on Item 2.J. and requested the City Council
remove from consideration the extension of Tract Map 33162 at the request of the
Applicant.
RICK PANTELE, announced the upcoming AIDS Assistance Program and the Palm
Springs Animal Shelter fundraising event.
WILLIE HOLLAND, commented on an assessment on his property and Black History
Month events.
JOHN TYMON, requested the City answer questions regarding the Bank of America
building that is being demolished and the proposed development of the Desert Fashion
Plaza.
COUNCILMEMBER COMMENTS:
Mayor Pougnet requested the City Clerk provide an update on the Measure "J"
Oversight Commission applications and process, and commented on the
redevelopment of Downtown Palm Springs.
CITY MANAGER'S REPORT: None.
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.K.,
2.M., 2.N., 2.P., 2.Q., 2.R. and 2.S. Motion Councilmember Mills, seconded
by Mayor Pro Tern Foat and unanimously carried 3-0 on a roll call vote.
AYES: Councilmember Mills, Mayor Pro Tern Foat, Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Hutcheson and Councilmember Lewin.
2.A. REPORT ON THE POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the January 18, 2012,
City Council Agenda. Approved as part of the Consent Calendar.
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2.13. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of January 4, 2012.
Approved as part of the Consent Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 23072, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1053325 THROUGH 1053507 IN THE AGGREGATE
AMOUNT OF $672,543.08, DRAWN ON BANK OF AMERICA;" 2) Adopt
Resolution No. 23073, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF PAYROLL WARRANTS FOR THE PERIOD ENDED 12-24-11 BY
WARRANTS NUMBERED 417159 THROUGH 417184 TOTALING
$44,825.92, LIABILITY CHECKS NUMBERED 1053508 THROUGH
1053511 TOTALING $2,809.87, ONE WIRE TRANSFER FOR $1,437.46,
AND THREE ELECTRONIC ACH DEBITS OF $1,147,291.25 IN THE
AGGREGATE AMOUNT OF $1,196,364.50, DRAWN ON BANK OF
AMERICA;" 3) Adopt Resolution No. 23074, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1053512 THROUGH 1053578 IN THE AGGREGATE
AMOUNT OF $1,565,536.91, DRAWN ON BANK OF AMERICA;" and 4)
Adopt Resolution No. 23075, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED
1053579 THROUGH 1053664 IN THE AGGREGATE AMOUNT OF
$1,000,560.44, DRAWN ON BANK OF AMERICA." Approved as part of
the Consent Calendar.
2.11). STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR
THE MONTH OF DECEMBER 2011:
ACTION: Receive and file the report of Staff Authorized Agreements and
Purchase Orders for the period of December 1 through December 31,
2011. Approved as part of the Consent Calendar.
2.E. SECOND READING AND ADOPTION OF ORDINANCE NO. 1803,
APPROVING PLANNED DEVELOPMENT DISTRICT (PDD 357) IN LIEU
OF A CHANGE OF ZONE FOR THE PARCEL LOCATED AT 1000
NORTH PALM CANYON DRIVE:
ACTION: Waive further reading and adopt Ordinance No. 1803, "AN
ORDINANCE OF THE CITY PALM SPRINGS, CALIFORNIA,
APPROVING PLANNED DEVELOPMENT DISTRICT (PDD 357) IN LIEU
OF A CHANGE OF ZONE FOR THE PARCEL LOCATED AT 1000
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NORTH PALM CANYON DRIVE." Approved as part of the Consent
Calendar.
2.F. TREASURER'S INVESTMENT REPORT AS OF NOVEMBER 30, 2011:
ACTION: Receive and file the Treasurer's Investment Report as of
November 30, 2011. Approved as part of the Consent Calendar.
2.G. AGREEMENT WITH CNS ENGINEERS, INC., FOR THE RAMON ROAD
WIDENING FROM SAN LUIS REY DR. TO LANDAU BLVD. INCLUDING
THE WHITEWATER RIVER BRIDGE WIDENING (CP 08-25):
ACTION: 1) Determine that, due to experience and expertise
demonstrated in prior contracts with the City, CNS Engineers, Inc., is
uniquely qualified for the Ramon Road Widening (San Luis Rey Dr. to
Landau Blvd.) including the Whitewater River Bridge Widening, (City
Project 08-25), Federal Aid Project No. BHLS-5282 (040), that makes the
application of all requirements of competitive sealed proposals contrary to
the public interest; 2) Approve an agreement with CNS Engineers, Inc., in
the amount of $1,159,990.31 for environmental and civil engineering
design services related to the Ramon Road Widening (San Luis Rey Dr. to
Landau Blvd.) including the Whitewater River Bridge Widening, Federal
Aid Project No. BHLS-5282 (040) (CP 08-25); and 3) Authorize the City
Manager to execute all necessary documents. A6190. Approved as part
of the Consent Calendar.
2.H. AGREEMENT WITH CNS ENGINEERS, INC., FOR THE VISTA CHINO
LOW WATER CROSSING BRIDGE REPLACEMENT AT THE
WHITEWATER RIVER (CP 10-10):
ACTION: 1) Approve an agreement with CNS Engineers in the amount of
$1,438,483.95 for environmental and civil engineering design services
related to the Vista Chino Low Water Crossing Bridge Replacement at the
Whitewater River, Federal Aid Project No. BR-NBIL (513) (CP 10-10); and
2) Authorize the City Manager to execute all necessary documents.
A6191. Approved as part of the Consent Calendar.
2.1. ADOPTION OF MITIGATED NEGATIVE DECLARATION FOR THE
SOUTH PALM CANYON DRIVE LOW WATER CROSSING BRIDGE
REPLACEMENT AT ARENAS CANYON SOUTH (CP 06-18):
ACTION: Adopt Resolution No. 23076, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
AND ORDERING THE FILING OF A MITIGATED NEGATIVE
DECLARATION FOR THE SOUTH PALM CANYON DRIVE LOW WATER
CROSSING BRIDGE REPLACEMENT AT ARENAS CANYON SOUTH,
FEDERAL AID PROJECT NO. BR-NBIL (502) (CP 06-18)." Approved as
part of the Consent Calendar.
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2.K. TRACT MAP 28308 AND SUBDIVISION IMPROVEMENT AGREEMENT:
ACTION: 1) Adopt Resolution No. 23078, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING TRACT MAP 28308 FOR PROPERTY LOCATED ON THE
NORTH SIDE OF SUNNY DUNES ROAD BETWEEN CALLE AMIGOS
AND SUNRISE WAY, IN SECTION 23, TOWNSHIP 4 SOUTH, RANGE 4
EAST, AND APPROVING A RELATED SUBDIVISION IMPROVEMENT
AGREEMENT;" and 2) Authorize the City Manager to execute all
necessary documents. A6192. Approved as part of the Consent
Calendar.
2.M. INTERGOVERNMENTAL MEMORANDUM OF UNDERSTANDING WITH
THE AGUA CALIENTE BAND OF CAHUILLA INDIANS FOR THE
TAHQUITZ CANYON WAY MEDIAN LANDSCAPING (CP 08-20):
ACTION: 1) Approve an Intergovernmental Memorandum of
Understanding with the Agua Caliente Band of Cahuilla Indians regarding
Indian Reservation Roads Program Funding for the Tahquitz Canyon Way
Median Landscaping Improvements Project; 2) Approve a Subcontractor
Services Agreement with the Agua Caliente Band of Cahuilla Indians for
the Tahquitz Canyon Way Median Landscaping Improvements Project;
and 3) Authorize the City Manager to execute all necessary documents.
A6194. A69195. Approved as part of the Consent Calendar.
2.N. AGREEMENT WITH SIERRA AVIATION GROUP FOR AIRPORT
TERMINAL CARPET CLEANING SERVICES:
ACTION: 1) Approve a contract services agreement for airport carpet
cleaning, as specified in Invitation for Bid No. 12-03, to Sierra Aviation
Group in the amount of $27,880 per annum for three (3) years, with two
(2) one (1) year renewal options, subject to a CPI increase; and 2)
Authorize City Manager to execute all necessary documents. A6196.
Approved as part of the Consent Calendar.
2.P. ACCEPTANCE OF GIFT DEED FROM SUZANNE D. PARISH REAL
ESTATE TRUST FOR 4.90 ACRES OF LAND TO BE PRESERVED AS
OPEN SPACE:
ACTION: Accept the Gift Deed from Suzanne D. Parish Real Estate Trust
for 4.90-acres in the Araby Cove and Araby Wash area for the purpose of
preserving the land as natural open space; and 2) Authorize the City
Manager to execute all necessary documents. Approved as part of the
Consent Calendar.
2.Q. JOINT ITEM CITY COUNCIL AND COMMUNITY REDEVELOPMENT
AGENCY WITH RESPECT TO CALIFORNIA HEALTH AND SAFETY
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CODE SECTION 33130 REDEVELOPMENT AREA PROPERTY
DISCLOSURES:
ACTION: Receive and file the California Health and Safety Code Section
33130 Project Area Property Disclosures for: 1) Councilmember Paul
Lewin [reporting no disclosable interests]; and 2) Mayor Steve Pougnet
[reporting leasehold interest within a Project Area at 1010 South Palm
Canyon Drive]. Approved as part of the Consent Calendar.
2.R. APPOINT COUNCILMEMBER PAUL LEWIN TO THE CITY COUNCIL
SUBCOMMITTEE FOR SUSTAINABILITY:
ACTION: Appoint Councilmember Paul Lewin to the City Council
Subcommittee for Sustainability, as a replacement to Mayor Pro Tern
Ginny Foat. Approved as part of the Consent Calendar.
2.S. AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF
CORRECTIONS TO USE THE PALM SPRINGS POLICE
DEPARTMENT'S FIREARM RANGE THROUGH JUNE 30, 2013:
ACTION: 1) Approve a facilities use agreement with the State of
California, Department of Corrections, for the use of the Palm Springs
Police Department's Firearm Range, in the amount of $6,000.00 revenue
to the City through June 30, 2013, in a form approved by the City Attorney;
and 2) Authorize the City Manager to execute all necessary documents.
A6199. Approved as part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2.J. TIME EXTENSIONS OF SUBDIVISION IMPROVEMENT AGREEMENTS FOR
VARIOUS PROJECTS:
Councilmember Mills noted his business related abstention on Tract Map 33561
and Tract Map 33933 and requested 33162 be removed from the Resolution to
extend the time.
Councilmember Foat requested staff clarify the request to remove the Pedregal
Project Tract Map 33162.
ACTION: Adopt Resolution No. 23077, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING
TIME EXTENSIONS OF VARIOUS SUBDIVISION IMPROVEMENT
AGREEMENTS," amending the Resolution by deleting the extension of Tract
Map 33162 "Pedregal"A5516.
A4955, Tract Map 30050 "Alta", extended to February 3, 2013
A5100, Tract Map 31263, "The Towers", extended to February 3, 2013
A5105, Tract Map 32160 "Enclave", extended to February 18, 2013
A5131, Tract Map 30046 "Monte Sereno", extended to March 18, 2013
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A5086, A5087, A5088, and A5089, Tract Maps 32233-1, -2, -3 & -4 "Escena"
extended to April 2, 2013
A5276, Tract Map 32675 "Alexander Country Club Estates",
extended to April 2, 2013
A5246, Tract Map 33561 "Palermo", extended to April 2, 2013
A5393, Tract Map 31848-1 "Avalon", extended to May 4, 2013
A5426, Tract Map 32732 "Oceo", extended to May 20, 2013
A5324, Tract Map 33933 "Murano", extended to May 24, 2013
A4814, Tract Map 28966 "Preserve Estates", extended to June 18, 2013
A5155, Tract Map 31514 "Luminaire", extended to June 18, 2013
A5439, Tract Map 31525 "Four Seasons III, extended to June 18, 2013
A5436, Tract Map 33161 "Vista San Jacinto", extended to August 9, 2013
Motion Mayor Pro Tem Foat, seconded by Mayor Pougnet and unanimously
carried 3-0 on a roll call vote, noting the abstention of Councilmember Mills
on Tract Map 33561 and Tract Map 33933.
AYES: Councilmember Mills, Mayor Pro Tem Foat, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Hutcheson and Councilmember Lewin.
2.L. ENCROACHMENT LICENSE TO WINTEC ENERGY, LTD, FOR PRIVATE
HIGH VOLTAGE UNDERGROUND ELECTRIC LINES IN 19TH AVENUE:
Councilmember Mills clarified the name as Wintec Energy.
ACTION: 1) Approve an Encroachment License with Wintec Energy, LTD, for
operation and maintenance of private high voltage underground electric lines
located in 19th Avenue; and 2) Authorize the City Manager to execute all
necessary documents. A6193. Motion Councilmember Mills, seconded by
Mayor Pougnet and unanimously carried 3-0 on a roll call vote.
AYES: Councilmember Mills, Mayor Pro Tem Foat, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Hutcheson and Councilmember Lewin.
2.0. INTERGOVERNMENTAL MEMORANDUM OF UNDERSTANDING WITH THE
AGUA CALIENTE BAND OF CAHUILLA INDIANS FOR THE MESQUITE
AVENUE WIDENING, WEST OF BELARDO ROAD (CP 12-01):
Mayor Pougnet requested staff address the vagueness of the parking around the
trailhead.
ACTION: 1) Approve an Intergovernmental Memorandum of Understanding with
the Agua Caliente Band of Cahuilla Indians regarding Indian Reservation Roads
Program Funding for the Mesquite Avenue Improvements Project; 2) Approve a
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Subcontractor Services Agreement with the Agua Caliente Band of Cahuilla
Indians for the Mesquite Avenue Improvements Project; and 3) Authorize the City
Manager to execute all necessary documents. A6197. A6198. Motion Mayor
Pougnet, seconded by Councilmember Mills and unanimously carried 3-0
on a roll call vote.
AYES: Councilmember Mills, Mayor Pro Tern Foat, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Hutcheson and Councilmember Lewin.
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS:
4.A. COMMUNITY REDEVELOPMENT AGENCY ITEM APPROVING AND
TRANSMITTAL OF ENFORCEABLE OBLIGATIONS PAYMENT
SCHEDULE (EOPS) AND APPROVING AND TRANSMITTAL OF
DRAFT PRELIMINARY INITIAL RECOGNIZED OBLIGATIONS
PAYMENT SCHEDULE (IROPS) PURSUANT TO SECTION 34169(G)(1)
OF CALIFORNIA HEALTH & SAFETY CODE:
John Raymond, Director of Community and Economic Development,
provided background information as outlined in the staff report dated
January 18, 2012.
ACTION: Adopt Resolution No. 1429, "A RESOLUTION OF THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AUTHORIZING THE APPROVAL AND
TRANSMITTAL OF AN ENFORCEABLE OBLIGATIONS PAYMENT
SCHEDULE (EOPS) AND APPROVAL AND TRANSMITTAL OF A
DRAFT PRELIMINARY INITIAL RECOGNIZED OBLIGATIONS
PAYMENT SCHEDULE (IROPS) PURSUANT TO AB1X 26," providing
that staff may alter the format, but not the content, of the EOPS and
IROPS schedules as necessary. Motion Mayor Pro Tern Foat,
seconded by Councilmember Mills and unanimously carried 3-0 on a
roll call vote.
AYES: Councilmember Mills, Mayor Pro Tern Foat, Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Hutcheson and Councilmember Lewin.
4.13. JOINT ITEM CITY COUNCIL AND COMMUNITY REDEVELOPMENT
AGENCY WITH RESPECT TO THE REPAYMENT OF COMMUNITY
REDEVELOPMENT AGENCY LOANS:
John Raymond, Director of Community and Economic Development,
provided background information as outlined in the staff report dated
January 18, 2012.
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Page 12
ACTION: (CITY COUNCIL): 1) The City accept repayments of loans from
the Merged Area No. 1 and Merged Area No. 2 Debt Service Funds in the
amount of $1,505,000 and $100,000, respectively; and 2) The City accept
the acceleration and repayments of loans made to the Agency from the
Wastewater Treatment Plant Fund and the former Recycling Facility Fee
Fund (now Sustainability Fund) in the amount of $413,500 and
$1,095,759, plus interest, respectively. (COMMUNITY
REDEVELOPMENT AGENCY) 1) The Community Redevelopment
Agency approve repayment of loans to the City of Palm Springs by the
Merged Area No. 1 and Merged Area No. 2 Debt Service Funds in the
amount of $1,505,000 and $100,000, respectively; 2) Adopt Resolution
No. 1430, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
THE BUDGET FOR FISCAL YEAR 2011-2012, APPROPRIATING AN
ADDITIONAL $38,215 IN FUND 851 FOR THE PURPOSE OF
REPAYING THE ANNUAL ADMINISTRATION LOAN; 2) The Community
Redevelopment Agency approve repayment of loans to the City of Palm
Springs Wastewater Treatment Plant Fund and the former Recycling
Facility Fee Fund (now Sustainability Fund) in the amount of $413,500
and $1,095,759, plus interest, respectively by the Merged Area No. 2 Debt
Service Fund; and 3) Adopt Resolution No. 1431, "A RESOLUTION OF
THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL
YEAR 2011-2012, TRANSFERRING $1,021,794.46 IN
UNENCUMBERED 2007 TAX ALLOCATION BOND PROCEEDS FROM
MERGED AREA NO. 2 CAPITAL PROJECT FUND (FUND 812) TO
MERGED AREA NO. 2 DEBT SERVICE FUND FOR THE PURPOSE OF
REPAYING THE SUSTAINABILITY FUND LOAN." All amounts are for the
repayment up to the amount stated as determined by cash flow. Motion
Mayor Pro Tem Foat, seconded by Councilmember Mills and
unanimously carried 3-0 on a roll call vote.
AYES: Councilmember Mills, Mayor Pro Tern Foat, Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Hutcheson and Councilmember Lewin.
5. NEW BUSINESS: None.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Mayor Pougnet commented on the recent breakfast at Desert Regional attended by
President Clinton, and the Fitness and Health Challenge between the City of Palm
Springs and the City of Indio.
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ADJOURNMENT: The City Council adjourned in memory of Councilmember
Hutcheson's father, Rev. Richard Gordon Hutcheson, Jr., at 8:27 p.m. to Wednesday,
February 1, 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
1ST DAY OF FEBRUARY, 2012.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
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CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
a .,
�. .
MEETING MINUTES
WEDNESDAY, DECEMBER 7, 2011
CITY COUNCIL CHAMBER
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:02 p.m.
PLEDGE OF ALLEGIANCE: Mayor Pro Tern Weigel led the Pledge.
INVOCATION: Rabbi Sally Olins, Temple Isaiah, led the Invocation.
ROLL CALL:
PRESENT: Councilmember Foat, Councilmember Hutcheson, Councilmember
Mills, Mayor Pro Tern Weigel, and Mayor Pougnet.
ABSENT: None.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS:
Mayor Pougnet and the City Council presented Certificates of Recognition to retiring
City Fire Department employees Darren Elkins, Mark Avnerr, and Jon Merriam.
Mayor Pougnet and the City Council recognized Salon 119 for their contribution to the
Desert Cancer Foundation, and presented a Certificate of Recognition to the Desert
Cancer Foundation for their community efforts.
Mayor Pougnet provided an update on the recent Holiday Banner Awards Ceremony,
the Holiday Tree Lighting and the Festival of Lights Parade, and thanked Carol
Channing for serving as Grand Marshall.
Mayor Pougnet provided an update on the recent St. Theresa Holiday Fashion Gala,
and announced the upcoming Athena Awards.
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.
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City Attorney Holland reported that the City Council, by unanimous vote, approved the
sale of City owned land, generally located at Amado Road and Calle Alvarado, in the
amount of $4,675,000, to CDI Ventures LLC, subject to the following conditions: (i)
execution of a Disposition and Development Agreement consistent with all substantive
terms of the Disposition and Development Agreement approved for the Mondrian Hotel
including without limitation the development of the hotel property pursuant to the
Development entitlements previously approved by the City; (ii) Verification of the full
funding for the purchase of the land and the construction of the hotel project prior to the
execution of the Disposition and Development Agreement; and (iii) the Disposition and
Development Agreement shall be executed no later than June 30, 2012, and
construction commenced no later that January 1, 2013.
ACCEPTANCE OF THE AGENDA:
Mayor Pougnet and Councilmember Foat requested Item 2.G. be removed from the
Consent Calendar for separate discussion.
Councilmember Mills noted his abstention on Item 2.B., Minutes of November 16, 2011.
ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded
by Councilmember Foat and unanimously carried on a roll call vote.
1. SPECIAL CITY COUNCIL ITEMS:
I.A. PROPOSED RESOLUTION DECLARING THE RESULT OF THE
NOVEMBER 8, 2011, REGULAR MUNICIPAL ELECTION:
City Clerk Thompson provided background information as outlined in the
staff report dated December 7, 2011, and stated as a result of the
November 7, 2011, election Mayor Steve Pougnet was re-elected for the
term ending December 2015, Councilmember Rick Hutcheson was re-
elected for the term ending December 2015, Paul Lewin was elected to
the City Council for the term ending December 2015, and stated the voters
adopted Measure "J" Ordinance No. 1802, "AN ORDINANCE OF THE
PEOPLE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING
CHAPTER 3.22 TO THE PALM SPRINGS MUNICIPAL CODE,
APPROVING AND IMPLEMENTING A ONE PERCENT (1%)
TRANSACTIONS, SALES AND USE TAX."
ACTION: Adopt Resolution No. 23048, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECITING
THE FACT OF THE REGULAR MUNICIPAL ELECTION HELD ON
NOVEMBER 8, 2011, DECLARING THE RESULT AND SUCH OTHER
MATTERS AS ARE PROVIDED BY LAW." Motion Councilmember
Mills, seconded by Councilmember Foat and unanimously carried on
a roll call vote.
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1.13 OUTGOING COUNCILMEMBER COMMENTS:
Mayor Pougnet and the City Council presented a plaque to
Councilmember Lee Weigel and thanked him for his service to the
community.
Councilmember Weigel stated it was an honor and pleasure to serve as a
Member of the Palm Springs City Council, and thanked the citizens who
help make the community better. Councilmember Weigel stated he felt
that this was the most productive City Council in Palm Springs throughout
the last decade, and noted the City Council's achievements.
The City Council recessed at 6:41 p.m.
The City Council reconvened at 6:48 p.m.
1.C. ADMINISTER OATH OF OFFICE TO NEWLY ELECTED PUBLIC
OFFICIALS:
City Clerk Thompson administered the Oath of Office to Mayor Pougnet,
Councilmember Hutcheson, and Councilmember Lewin.
Councilmember Lewin was seated at the dais.
1.1). INCOMING COUNCILMEMBER COMMENTS:
Mayor Pougnet and the City Council welcomed Councilmember Lewin.
Councilmember Lewin thanked the voters for the opportunity to serve, and
stated he looks forward to serving on the City Council.
PUBLIC COMMENT:
DONNA RAIDER, Temple Isaiah, announced the upcoming Laugh Out Loud Tour Event
at Temple Isaiah.
NICOLE SMITH, African American Health Institute, announced the upcoming projects.
BOB HELBLING, Palm Springs, congratulated the Mayor and Members of the City
Council for a successful election, and commented on the passage of Measure "J" at the
November8, 2011, General Municipal Election.
KEITH MCCORMICK, provided a report on the activities of the Palm Springs Business
Improvement District.
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JUSTIN BLAKE, Rancho Mirage, requested the City Council consider a partnership in a
Joint Venture with Santa Fe, New Mexico to develop a performing arts theatre and
program.
1.E. APPOINTMENT OF MAYOR PRO TEMPORE:
ACTION: Appoint Councilmember Foat as Mayor Pro Tempore for the
term ending December, 2012. Motion Mayor Pougnet, seconded by
Councilmember Mills and carried 4-0 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Lewin,
Councilmember Mills, and Mayor Pougnet.
NOES: None.
ABSTAIN: Councilmember Foat.
2. CONSENT CALENDAR:
Councilmember Lewin noted his abstention on Item 2.B., Minutes of November 4,
2011.
ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., and 2.1-1. 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 December 7,
2011, City Council Agenda. Approved as part of the Consent Calendar.
2.13. APPROVAL OF MINUTES:
ACTION: Approve the City Council/Palm Springs Financing Authority
Minutes of November 16, 2011. Approved as part of the Consent
Calendar, noting the abstention of Councilmember Lewin and
Councilmember Mills.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1)Adopt Resolution No. 23049, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1052154 THROUGH 1052288 IN THE AGGREGATE
AMOUNT OF $1,958,645.54, DRAWN ON BANK OF AMERICA;" 2) Adopt
Resolution No. 23050, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF PAYROLL WARRANTS FOR THE PERIOD ENDED 10-29-11 BY
WARRANTS NUMBERED 417056 THROUGH 417080 TOTALING
$40,419.70, LIABILITY CHECKS NUMBERED 1052289 THROUGH
1052313 TOTALING $125,771.85, FIVE WIRE TRANSFERS FOR
$47,421.51, AND THREE ELECTRONIC ACH DEBITS OF $1,028,316.65,
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IN THE AGGREGATE AMOUNT OF $1,241,929.71, DRAWN ON BANK
OF AMERICA;" and 3) Adopt Resolution No. 23051, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1052314 THROUGH 1052424 IN THE AGGREGATE
AMOUNT OF $1,045,158.79, DRAWN ON BANK OF AMERICA;" and 4)
Adopt Resolution No. 23052, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED
1052425 THROUGH 1052531 IN THE AGGREGATE AMOUNT OF
$961,232.30, DRAWN ON BANK OF AMERICA." Approved as part of
the Consent Calendar.
2.13. APPROVING AGREEMENTS WITH THE STATE BOARD OF
EQUALIZATION FOR PREPARATION AND ADMINISTRATION OF THE
PALM SPRINGS TRANSACTIONS AND USE TAX (MEASURE "J") AS
APPROVED BY THE VOTERS:
ACTION: Adopt Resolution No. 23053, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A PREPARATORY AGREEMENT AND ADMINISTRATIVE
AGREEMENT WITH THE STATE BOARD OF EQUALIZATION FOR
IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX."
A6180. Approved as part of the Consent Calendar.
2.E. APPOINTMENT OF AN AD HOC CITY COUNCIL SUBCOMMITTEE TO
STUDY NOISE MITIGATION AT THE PALM SPRINGS
INTERNATIONAL AIRPORT:
ACTION: Appoint Councilmember Lewin and Councilmember Mills to an
ad hoc City Council Airport Noise Mitigation Subcommittee. Approved as
part of the Consent Calendar.
2.F. CITY OF PALM SPRINGS GOVERNMENT CODE SECTION 66000
DEVELOPMENT PROJECT FEE REPORT FOR FISCAL YEAR 2010-11:
ACTION: Receive and file the Fiscal Year 2010-11 Development Project
Fee Report pursuant to Cal. Gov. Code §66000. Approved as part of the
Consent Calendar.
2.H. AUTHORIZE ADDITIONAL FISCAL YEAR 2011-12 MISCELLANEOUS
MAINTENANCE AND REPAIR EXPENDITURES FOR THE CO-
GENERATION PLANTS:
ACTION: Authorize issuance of additional funds to the Johnson Power
Systems Blanket Purchase Order No. 12-0143 for the as-needed
purchase of Caterpillar repair parts in an amount not to exceed $50,000.
Approved as part of the Consent Calendar.
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EXCLUDED CONSENT CALENDAR:
2.G. PARTICIPATION IN THE RIVERSIDE COUNTY MORTGAGE CERTIFICATE
(MCC) PROGRAM:
Mayor Pro Tern Foat requested the City Council receive a report on the activities
of the last year on the mortgage credit certificate program.
Councilmember Lewin requested staff address the benefits of the tax credit
program.
ACTION: Adopt Resolution No. 23054, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
PARTICIPATION IN THE RIVERSIDE COUNTY MORTGAGE CERTIFICATE
(MCC) PROGRAM." Motion Councilmember Hutcheson, seconded by Mayor
Pro Tem Foat and unanimously carried on a roll call vote.
CITY MANAGER'S REPORT: None.
COUNCILMEMBER COMMENTS AND REPORTS:
Mayor Pro Tern Foat announced the upcoming holiday events for the armed forces held
at the Mizell Senior Center.
Mayor Pougnet requested the Police Chief address the use of drugs at the skate park
and the recreation center, and commented on a letter that recognized City employees.
ADJOURNMENT: The City Council adjourned at 7:31 p.m. to an Adjourned Regular
Meeting, Wednesday, December 14, 2011, at 6:00 P.M. in the Council Chamber, City
Hall, preceded by a 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
1ST DAY OF FEBRUARY, 2012.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
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