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HomeMy WebLinkAbout2011-07-06 CC MINUTES CITY COUNCIL COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS, CALIFORNIA s �<,.o.:• MEETING MINUTES WEDNESDAY, JULY 6, 2011 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Pro Tern Weigel called the meeting to order at 6:11 p.m. PLEDGE OF ALLEGIANCE: Councilmember Hutcheson led the Pledge. INVOCATION: Mayor Pro Tern Weigel requested a moment of silent reflection. ROLL CALL: PRESENT: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, and Mayor Pro Tern Weigel. ABSENT: Mayor Pougnet. ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson. PRESENTATIONS: Mayor Pro Tern Weigel provided an update on retiring City Council Executive Assistant Martha Edgmon. Mayor Pro Tern Weigel and Councilmember Hutcheson announced the Mizell Senior Center Installation. Mayor Pro Tern Weigel provided an update on the July 4th celebration at the Palm Springs Stadium and the Help for the Homeless fundraising efforts. Councilmember Foat announced the temporary reduction in pet adoption fees at the Palm Springs Animal Shelter, and presented a donation check from the Friends of the Palm Springs Animal Shelter. REPORT OF CLOSED SESSION: The meeting was called to order at 4:00 p.m. and the City Council recessed into Closed Session to discuss Items on the posted Closed Session Agenda; and Mayor Pougnet participated in the Closed Session portion of the meeting via teleconference pursuant to G.C. Section 54953(b)(1) and the posted Notice of Teleconferencing. City Council Minutes July 6, 2011 Page 2 City Attorney Holland reported the City Council gave the City Attorney's Office direction with respect to Pacific Hospitality Group v. City of Palm Springs, Case No. INC 079881, otherwise no reportable actions were taken. ACCEPTANCE OF THE AGENDA: Councilmember Hutcheson requested Items 2.D. and 2.S. be removed from the Consent Calendar for separate discussion. Councilmember Mills noted his abstention on Item 2.C. Warrant No. 1049414, and requested Item 21. be removed from the Consent Calendar for separate discussion. Councilmember Foat requested Items 2.H., 2.P., and 2.R. be removed from the Consent Calendar for separate discussion. City Manager Ready requested the City Council pull Item 2.E. from the Consent Calendar for a brief staff report. ACTION: Accept the agenda as amended. Motion Councilmember Hutcheson, seconded by Councilmember Foat and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, and Mayor Pro Tern Weigel. NOES: None. ABSENT: Mayor Pougnet. 1. PUBLIC HEARINGS: I.A. FILING OF NUISANCE ABATEMENT LIENS FOR THREE PUBLIC NUISANCES LOCATED AT 693 WEST GATEWAY DRIVE, 1091 SOUTH PASEO DE MARCIA, AND 4237 EAST SUNNY DUNES ROAD: Terry Tatum, Director of Building and Safety, provided background information as outlined in the staff report dated July 6, 2011. Mayor Pro Tern Weigel opened the public hearing, and the following speakers addressed the City Council. DENNIS MAY, Palm Springs, commented on the substandard conditions at the property located at 1091 South Paseo De Marcia. No further speakers coming forward, the public hearing was closed. Councilmember Foat requested staff address the conditions of the property located at 1091 South Paseo De Marcia, and requested staff address other enforcement activities. City Council Minutes July 6, 2011 Page 3 Councilmember Hutcheson requested the City Manager review increasing the penalties. ACTION: 1) Adopt Resolution No. 22963, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 693 WEST GATEWAY DRIVE;" 2) Adopt Resolution No. 22964, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 1091 SOUTH PASEO DE MARCIA;" and 3) Adopt Resolution No. 22965, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 4237 EAST SUNNY DUNES ROAD." Motion Councilmember Mills, seconded by Councilmember Hutcheson and unanimously carried 4- 0 on a roll call vote. AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, and Mayor Pro Tern Weigel. NOES: None. ABSENT: Mayor Pougnet. 1.13. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS CITYWIDE STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS FOR FISCAL YEAR 2011-12: David Barakian, City Engineer, provided background information as outlined in the staff report dated July 6, 2011. Mayor Pro Tern Weigel opened the public hearing, and no speakers coming forward the public hearing was closed. ACTION: 1) Adopt Resolution No. 22966, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT FOR FISCAL YEAR 2011-12 FOR THE PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 3." 2) Adopt Resolution No. 22967, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2011-12 WITHIN THE PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 3." City Council Minutes July 6, 2011 Page 4 3) Adopt Resolution No. 22968, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT FOR FISCAL YEAR 2011-12 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6A." 4) Adopt Resolution No. 22969, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2011-12 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6A." 5) Adopt Resolution No. 22970, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT FOR FISCAL YEAR 2011-12 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6C." 6) Adopt Resolution No. 22971, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2011-12 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6C." 7) Adopt Resolution No. 22972, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT FOR FISCAL YEAR 2011-12 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 7." 8) Adopt Resolution No. 22973, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2011-12 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 7." 9) Adopt Resolution No. 22974, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT FOR FISCAL YEAR 2011-12 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 8." 10) Adopt Resolution No. 22975, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL City Council Minutes July 6, 2011 Page 5 YEAR 2011-12 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 8." 11) Adopt Resolution No. 22976, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT FOR FISCAL YEAR 2011-12 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 9." 12) Adopt Resolution No. 22977, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2011-12 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 9." 13) Adopt Resolution No. 22978, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT FOR FISCAL YEAR 2011-12 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 1 AND ZONE 2." 14) Adopt Resolution No. 22979, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2011-12 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 1 AND ZONE 2." 15) Adopt Resolution No. 22980, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT FOR FISCAL YEAR 2011-12 FOR THE PALM SPRINGS LANDSCAPE MAINTENANCE DISTRICT NO. 12." 16) Adopt Resolution No. 22981, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2011-12 WITHIN THE PALM SPRINGS LANDSCAPE MAINTENANCE DISTRICT NO. 12." AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, and Mayor Pro Tem Weigel. NOES: None. ABSENT: Mayor Pougnet. I.C. REVOCATION HEARING FOR CONDITIONAL USE PERMIT NO. 6.0749 FOR A COCKTAIL LOUNGE LOCATED 120 S. PALM CANYON DRIVE: City Council Minutes July 6, 2011 Page 6 Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated July 6, 2011. Mayor Pro Tern Weigel opened the public hearing, and the following speakers addressed the City Council. ANGELO SERIO, Applicant, commented on the security plan and the meeting with the Police Department, and requested the City Council continue to support the Conditional Use permit. REX OLAIRES, commented on the improved security plan, and requested the City Council consider the amendment to the Conditional Use Permit. MINDY REED, commented on the types of problems at her restaurant near Space 120 since the change in ownership. JOHN TYMON, commented on the experiences at Space 120 Nightclub, and the separation of the Police Department and the owners of the Club. No further speakers coming forward, the public hearing was closed. Councilmember Hutcheson requested the Police Chief address the revised conditions. Mayor Pro Tern Weigel requested the City Council consider continuing the public hearing and requested the Applicant meet with the Chief of Police to provide a report to the City Council. ACTION: 1) Continue the Public Hearing to July20, 2011; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. Motion Councilmember Foat, seconded by Councilmember Hutcheson and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, and Mayor Pro Tern Weigel. NOES: None. ABSENT: Mayor Pougnet. 1.D. ZONE TEXT AMENDMENT TO AMEND POLICIES AND STANDARDS FOR OUTDOOR DISPLAY IN COMMERCIAL ZONES AND RELIGIOUS INSTITUTIONS: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated July 6, 2011. Mayor Pro Tern Weigel opened the public hearing, and the following speakers addressed the City Council. City Council Minutes July 6, 2011 Page 7 REV. KEVIN JOHNSON, requested the City Council defer action on the religious institutions, and staff meet and consult with those affected. JOY MEREDITH, commented on the current conditions for outdoor display regulations differing throughout the central business district. No further speakers coming forward, the public hearing was closed. Councilmember Hutcheson requested the City Council continued the regulations with respect to religious institutions. Mayor Pro Tern Weigel requested the City Council continue both issues addressed in the ordinance. Councilmember Mills stated allowing outdoor displays has the potential to transform the Downtown to a swap meeting, stated the regulations may be difficult and a nuisance for staff, stated he has reservations of allowing religious institutions in the downtown area, and commented on the definition of a religious institution. Councilmember Hutcheson stated he would like to hold his comments on the religious institution portion, recommended the Planning Commission review other types of uses outside of the store location in the downtown area, and noted different regulations may work in the different parts of town. Councilmember Foat commented on the use of outdoor displays and the use of A-frame signs, stated she would support proceeding with the Planning Commission review outdoor displays with City Council review after a period of time, requested staff address religious institutions that rent space on a part time basis, and noted her objection to a church use in the business district. Mayor Pro Tern Weigel stated City staff needs to talk to the business community and the religious institutions with respect to both of these issues, commented on public safety issues with allowing outdoor displays in the business district. Councilmember Mills stated a control mechanism and defined area if the City allows outdoor displays in the business district, would request the City Attorney comment on allowing such in the public right-of-way, and requested staff address how to establish regulations that are fair, enforceable, and that would not deteriorate the look of the business district. City Council Minutes July 6, 2011 Page 8 ACTION: 1) Continue the public hearing; and 2) Direct the City Clerk to renotice the public hearing. Motion Councilmember Hutcheson, seconded by Councilmember Foat and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, and Mayor Pro Tern Weigel. NOES: None. ABSENT: Mayor Pougnet. PUBLIC COMMENT: LOTHAR VASHOLZ, Salvation Army, introduced new officers of the Salvation Army, and noted the upcoming projects and goals of the Salvation Army. DAVID CARDEN, Palm Springs, commented on Item 5.B., traffic calming project in the Baristo Neighborhood. CHRIS WITHAM, commented on recent code violations he received for maintenance standards. JOHN TYMON, commented on Club 120, and commented on the grant to Lulu California Bistro. JOY MEREDITH, commented on Item 21. Holiday Lighting upgrade, and the Police Downtown security program. DAVID MARTIN, commented on Item 5.A., and spoke in support of the Horizon Hotel request for on-site bar. The City Council recessed at 8:07 p.m. The City Council reconvened at 8:11. COUNCILMEMBER COMMENTS: Councilmember Foat requested the City Manager follow-up on the Code Enforcement issue brought up by Chris Witham. Councilmember Mills requested staff to initiate a modification to the sign ordinance with respect to Barber Poles. Mayor Pro Tern Weigel requested the City Manager review and address pet clean-up stations in public parks. CITY MANAGER'S REPORT: None. City Council Minutes July 6, 2011 Page 9 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.B., 2.C., 2.F., 2.G., 2.1., 2.J., 2.K., 2.M., 2.N., 2.0., 2.Q., 2.T., and 2.U. Motion Councilmember Foat, seconded by Councilmember Hutcheson and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, and Mayor Pro Tem Weigel. NOES: None. ABSENT: Mayor Pougnet. 2.A. REPORT ON THE POSTING OF THE AGENDA: ACTION: Receive and file Report on the Posting of the July 6, 2011, City Council Agenda. Approved as part of the Consent Calendar. 2.B. APPROVAL OF MINUTES: ACTION: Approve the City Council/Community Redevelopment Agency Minutes of June 15, 2011. Approved as part of the Consent Calendar. 2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 22982, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1049281 THROUGH 1049442 IN THE AGGREGATE AMOUNT OF $2,046,380.18, DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution No. 22983, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 6-11-11 BY WARRANTS NUMBERED 416710 THROUGH 416745 TOTALING $38,766.07, LIABILITY CHECKS NUMBERED 1049443 THROUGH 1049467 TOTALING $123,864.17, FIVE WIRE TRANSFERS FOR $49,551.59, AND THREE ELECTRONIC ACH DEBITS OF $971,295.03, IN THE AGGREGATE AMOUNT OF $1,183,476.86, DRAWN ON BANK OF AMERICA;" 3) Adopt Resolution No. 22984, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1049468 THROUGH 1049628 IN THE AGGREGATE AMOUNT OF $629,806.32, DRAWN ON BANK OF AMERICA;" and 4) Adopt Resolution No. 22985, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1049629 THROUGH 1049766 IN THE AGGREGATE AMOUNT OF $906,580.87, DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar, noting the business related abstention of Councilmember Mills on Warrant No. 1049414. City Council Minutes July 6, 2011 Page 10 2.F. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1794, ESTABLISHING A LOCAL DEVELOPMENT MITIGATION FEE FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN: ACTION: Waive further reading and adopt Ordinance No. 1794, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 8.95 OF THE PALM SPRINGS MUNICIPAL CODE ESTABLISHING A LOCAL DEVELOPMENT MITIGATION FEE FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN." Approved as part of the Consent Calendar. 2.G. AMENDMENT NO. 3 TO AGREEMENT NO. A4461 WITH DOKKEN ENGINEERING FOR THE INDIAN CANYON DRIVE STREET AND BRIDGE WIDENING PROJECT (CP 01-11): ACTION: 1) Approve Amendment No. 3 to Agreement No. A4461 with Dokken Engineering, in the amount of$713,800 for a total revised contract amount of $1,213,700 for the Indian Canyon Drive Street and Bridge Widening Project (CP 01-11); and 2) Authorize the City Manager to execute all necessary documents. A4461. Approved as part of the Consent Calendar. 2.1. PROGRAM SUPPLEMENT AGREEMENT NO. N036 WITH THE STATE OF CALIFORNIA FOR USE OF HIGHWAY BRIDGE PROGRAM (HBP) FEDERAL-AID FUNDS FOR THE RAMON ROAD BRIDGE WIDENING OVER THE WHITEWATER RIVER FEDERAL-AID PROJECT NO. BHLS-5282 (040) (CP 08-25): ACTION: Adopt Resolution No. 22987, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. N036 TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282R WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $1,200,732, FOR THE RAMON ROAD BRIDGE WIDENING OVER THE WHITEWATER RIVER, FEDERAL-AID PROJECT NO. BHLS- 5282 (040), AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF PALM SPRINGS (CP 08-25)." A6122. Approved as part of the Consent Calendar. 2.J. MAINTENANCE AND REPAIR OF EQUIPMENT AT THE COGENERATION PLANT FOR FISCAL YEAR 2011-12: ACTION: Authorize issuance of a purchase order for the as-needed purchase of Caterpillar repair parts for the maintenance and repair of equipment at the cogeneration plant from Johnson Power Systems in an City Council Minutes July 6, 2011 Page 11 amount not to exceed $100,000. Approved as part of the Consent Calendar. 2.K. PLANS AND SPECIFICATIONS FOR AIRPORT PERIMETER FENCE IMPROVEMENTS PHASE II PROJECT AIP GRANT NO. 48: ACTION: 1) Approve the plans and specifications for the Airport Perimeter Fence Improvement, Phase II Airport Improvement Project AIP No. 3-06- 0181-48; and 2) Authorize the City Manager to advertise and solicit bids. Approved as part of the Consent Calendar. 2.M. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF LA QUINTA TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE TERM ENDING JUNE 30, 2014: ACTION: Appoint Robert Teal, as the City of La Quinta representative, to the Palm Springs Airport Commission for the term ending June 30, 2014. Approved as part of the Consent Calendar. 2.N. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF INDIAN WELLS TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION FOR THE TERM ENDING JUNE 30, 2013: ACTION: Reappoint Robert Wilmeth, as the City of Indian Wells representative, to the Palm Springs Airport Commission for the term ending June 30, 2013. Approved as part of the Consent Calendar. 2.0. ACCEPT THE RESIGNATION OF JOHN GOMES FROM THE BOARD of APPEALS: ACTION: 1) Accept with regret the resignation of John Gomes from the Board of Appeals; and 2) Direct the City Clerk to post a Notice of Vacancy. Approved as part of the Consent Calendar. 2.0. CONSTRUCTION DRAWINGS FOR DEMUTH PARK COMMUNITY GARDEN ON THE SOUTH SIDE OF THE DEMUTH PARK COMMUNITY CENTER LOCATED AT 3601 E. MESQUITE AVENUE: ACTION: 1) Approve the site plan for the Demuth Park Community Garden at the Demuth Park Community Center; 2) Direct staff to solicit bids for the project; and 3) Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. 2.T. POLICE CLOSED CIRCUIT TELEVISION CAMERA SYSTEM REPAIRS, UPGRADE, AND MAINTENANCE SERVICES: ACTION: 1) Award a contract to Systems Integration Corporation for grant funded repairs, upgrades, expansion, and ongoing maintenance of the Police Department's existing closed circuit television system in the amount of $169,632 for the initial project and $49,167 for five years of post warranty maintenance and support, for a total contract price of $218,799; City Council Minutes July 6, 2011 Page 12 and 2) Authorize the City Manager to execute all necessary documents. A6125. Approved as part of the Consent Calendar. 2.U. GRANT FUNDING IN THE AMOUNT OF $45,000.00 FROM THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) FOR AN ALCOHOL ENFORCEMENT AND AWARENESS PROJECT TO BE USED TO ENFORCE, EDUCATE, AND BRING AWARENESS TO THE PUBLIC: ACTION: 1) Adopt Resolution No. 22991, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING A GRANT FROM THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL IN THE AMOUNT OF $45,000.00 FOR ALCOHOL ENFORCEMENT;" and 2) Authorize the City Manager to execute all necessary documents. A6126. Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: 2.D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF MAY 2011: Councilmember Hutcheson requested staff address the installation of the Trailhead signs. ACTION: Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of May 1 through May 31, 2011. Motion Councilmember Hutcheson, seconded by Councilmember Foat and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, and Mayor Pro Tem Weigel. NOES: None. ABSENT: Mayor Pougnet. 2.E. NATIONAL FLOOD INSURANCE PROGRAM RATING FROM U.S. DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY: City Manager Ready requested David Barakian, City Engineer, provide an update on the City's National Flood Insurance rating. City Council Minutes July 6, 2011 Page 13 ACTION: Receive and file. Motion Councilmember Foat, seconded by Councilmember Hutcheson and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, and Mayor Pro Tem Weigel. NOES: None. ABSENT: Mayor Pougnet. 2.H. PROGRAM SUPPLEMENT AGREEMENT NO. N035 WITH THE STATE OF CALIFORNIA FOR USE OF HIGHWAY BRIDGE PROGRAM (HBP) FEDERAL- AID FUNDS FOR THE VISTA CHINO LOW WATER CROSSING BRIDGE REPLACEMENT AT THE WHITEWATER RIVER FEDERAL-AID PROJECT NO. BR-NBIL (513) (CP 10-10): Councilmember Foat requested staff address the improvements and highlight the project. ACTION: Adopt Resolution No. 22986, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. N035 TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08- 5282R WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $885,300, FOR THE VISTA CHINO LOW WATER CROSSING BRIDGE REPLACEMENT AT THE WHITEWATER RIVER, FEDERAL-AID PROJECT NO. BR-NBIL (513), AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF PALM SPRINGS (CP 10-10)." A6121. Motion Councilmember Foat, seconded by Councilmember Mills and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, and Mayor Pro Tem Weigel. NOES: None. ABSENT: Mayor Pougnet. 2.L. REFURBISHMENT AND LED RETROFIT OF HOLIDAY LIGHTING: Councilmember Mills requested staff address the brightness of the proposed lighting. ACTION: 1) Approve a purchase order for the refurbishment and LED retrofit of the holiday lighting with The Jarvis Company in an amount not to exceed City Council Minutes July 6, 2011 Page 14 $50,922; and 2) Authorize the City Manager to execute all necessary documents. Motion Councilmember Foat, seconded by Councilmember Mills and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, and Mayor Pro Tem Weigel. NOES: None. ABSENT: Mayor Pougnet. 2.P. RESOLUTION IN SUPPORT OF A STATEWIDE HEALTHY EATING ACTIVE LIVING (HEAL) PROGRAM: Councilmember Foat requested staff the address the methods of promoting the program. ACTION: Adopt Resolution No. 22988, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN SUPPORT OF HEALTHY ACTIVE LIVING AND SUSTAINABLE COMMUNITIES." Motion Councilmember Foat, seconded by Councilmember Mills and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, and Mayor Pro Tern Weigel. NOES: None. ABSENT: Mayor Pougnet. 2.11. PURCHASE THE SCULPTURE ENTITLED "MADEMOISELLE COCO" IN THE AMOUNT OF $12,600 FOR PLACEMENT AT THE CITY'S NEW ANIMAL CARE FACILITY LOCATED AT 4575 EAST MESQUITE AVENUE AND APPROVE AN AGREEMENT FOR PURCHASE OF PUBLIC ARTWORK FROM ARTISTS KAREN AND TONY BARONE: Councilmember Foat expressed her thanks to the Public Arts Commission for the purchase of the sculpture for placement at the Animal Shelter, and noted a correction to the agreement to reflect the correct artwork. ACTION: 1) Approve the purchase of "Mademoiselle Coco" for placement at 4575 East Mesquite Avenue; 2) Approve an Agreement for Purchase and Sale of Public Artwork with Karen and Tony Barone in the amount of $12,500, in a form acceptable to the City Attorney, correcting the agreement to provide for the purchase of Mademoiselle Coco; and 3) Authorize the City Manager to execute City Council Minutes July 6, 2011 Page 15 all necessary documents. A6123. Motion Councilmember Foat, seconded by Councilmember Hutcheson and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, and Mayor Pro Tern Weigel NOES: None. ABSENT: Mayor Pougnet. 2.S. CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY APPROVAL OF A REAL PROPERTY COOPERATION AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE COMMUNITY REDEVELOPMENT AGENCY FOR PAYMENT OF COSTS ASSOCIATED WITH CERTAIN COMMUNITY REDEVELOPMENT AGENCY-FUNDED CAPITAL IMPROVEMENTS AND AFFORDABLE HOUSING PROJECTS: Councilmember Hutcheson requested staff address the vacant lot improvements, and requested staff proceed with marketing. ACTION: [COMMUNITY REDEVELOPMENT AGENCY] 1) Adopt Resolution No. 1423, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A REAL PROPERTY COOPERATION AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE COMMUNITY REDEVELOPMENT AGENCY FOR PAYMENT OF COSTS ASSOCIATED WITH CERTAIN COMMUNITY REDEVELOPMENT AGENCY-FUNDED CAPITAL IMPROVEMENTS AND AFFORDABLE HOUSING PROJECTS." [CITY COUNCIL] 2) Adopt Resolution No. 22989, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A REAL PROPERTY COOPERATION AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE COMMUNITY REDEVELOPMENT AGENCY FOR PAYMENT OF COSTS ASSOCIATED WITH CERTAIN COMMUNITY REDEVELOPMENT AGENCY- FUNDED CAPITAL IMPROVEMENTS AND AFFORDABLE HOUSING PROJECTS;" 3) Adopt Resolution No. 22990, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING FINDINGS PURSUANT TO SECTION 33445 AND SECTION 33445.1 OF THE CALIFORNIA HEALTH & SAFETY CODE RELATING TO THE FINANCING OF CERTAIN REAL PROPERTY IMPROVEMENTS BY THE COMMUNITY REDEVELOPMENT AGENCY AND ACQUISITION OF REAL PROPERTY BY THE CITY OF PALM SPRINGS TO EFFECTUATE THE REDEVELOPMENT PLAN IN THE MERGED PROJECT AREA NO. 1;" and 4) Authorize the City City Council Minutes July 6, 2011 Page 16 Manager/Executive Director or his designee to execute all necessary documents. A6124. Motion Councilmember Hutcheson, seconded by Councilmember Mills and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, and Mayor Pro Tern Weigel. NOES: None. ABSENT: Mayor Pougnet. 3. LEGISLATIVE: None. 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: S.A. RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) FOR WILLAMETTE CAPITAL MANAGEMENT LTD IN ORDER TO SELL BEER, WINE AND DISTILLED SPIRITS FOR CONSUMPTION ON THE PREMISES AT THE HORIZON HOTEL LOCATED AT 1050 EAST PALM CANYON DRIVE (CASE 5.1039-PCN): Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated July 6, 2011. ACTION: Adopt Resolution No. 22992, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER, WINE, AND DISTILLED SPIRITS AT THE HORIZON HOTEL LOCATED AT 1050 EAST PALM CANYON DRIVE." Motion Councilmember Foat, seconded by Councilmember Hutcheson and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, and Mayor Pro Tem Weigel. NOES: None. ABSENT: Mayor Pougnet. S.B. TRAFFIC CALMING UPDATE AND DISCUSSION: David Barakian, City Engineer, provided a verbal report on the re-stripping plan in the Baristo neighborhood. Councilmember Hutcheson recommended the re-stripping in the Baristo neighborhood. Councilmember Mills stated if the City had further funds, the project could be improved. City Council Minutes July 6, 2011 Page 17 Councilmember Foat commented on the look of the re-stripping plan. ACTION: Approve the conceptual re-stripping plan. Motion Councilmember Hutcheson, seconded by Councilmember Mills and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, and Mayor Pro Tem Weigel. NOES: None. ABSENT: Mayor Pougnet. S.C. AMENDMENT NO. 1 TO A REMODEL INCENTIVE AGREEMENT WITH VENCE VENTURES, LLC, ON BEHALF OF LULU CALIFORNIA BISTRO LOCATED AT 200 SOUTH PALM CANYON DRIVE IN THE AMOUNT OF $100,000: John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated July 6, 2011. Councilmember Foat commented on the progress and the ambiance of the renovations, the issues experienced by the owner, requested staff look at options and vendors for plan check and approval, and recommended the City Council provide for an August 15th opening. Councilmember Mills commented on the potential of the property, the quality of the renovation, stated his support for the amendment, and recommended staff review the submittal, processing time, and completion time by the contract plan consultant. Councilmember Hutcheson commented on the turn around time by the City's plan check consulting time and recommended staff review the contractor, commented on the improvements to the property, and noted the benefits to the community. ACTION: 1) Approve Amendment No. 1 to Remodel Incentive Agreement No. A6082 with Vence Ventures, LLC for LULU California Bistro located at 200 South Palm Canyon Drive, amending the agreement to provide for an opening date of August 15, 2011; and 2) Authorize the City Manager to execute all necessary documents. A6082. Motion Councilmember Mills, seconded by Councilmember Foat and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, and Mayor Pro Tem Weigel. NOES: None. ABSENT: Mayor Pougnet. City Council Minutes July 6, 2011 Page 18 COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: None. ADJOURNMENT: The City Council adjourned at 8:54 p.m. to continue Items on the Closed Session Agenda on Thursday, July 7, 2011, at 4:30 p.m., Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The next Regular Meeting will be held Wednesday, July 20, 2011, 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 7T" DAY OF SEPTEMBER, 2011. '4 '/0 %odr-- STEPHEN P. POUGNET, MAYOR ATTEST: ?MES THOMPSON, CITY CLERK