HomeMy WebLinkAbout5/4/2011 - STAFF REPORTS - 2B CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
</FalA o•
MINUTES
WEDNESDAY, APRIL 6, 2011
Council Chamber
CALL TO ORDER: Mayor Pro Tern Weigel called the meeting to order at 6:10 p.m.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge.
INVOCATION: Rabbi Sally Olins, Temple Isaiah, led the Invocation.
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:
Police Officer William Hutchinson and Palm Springs High School Principal Ricky Wright
announced the upcoming Books for Badges fundraising event.
Mayor Pro Tern Weigel announced the upcoming Police and Fire Appreciation
Luncheon.
Councilmember Foat provided an update on the Dinah Shore Weekend events.
Mayor Pro Tern Weigel announced the Palm Springs Dog Park received the "Best in the
Valley" award, and introduced Dr. Les Zendle who announced the upcoming Human
Rights Commission educational program "Scams that Target Seniors."
Mayor Pro Tern Weigel announced the upcoming City of Palm Springs Cleanup event,
the Palm Springs Shredding Event, and the Annual Easter Egg Hunt.
Mark Johnson, Coachella Valley Water District, provided an update on the Whitewater
Groundwater Replenishment Facility.
REPORT OF CLOSED SESSION: City Attorney Holland reported 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.
ITEM NO. ..�
City Council Minutes
April 6, 2011
Page 2
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson stated the Public Works Director is requesting the City Council
consider adding an Item to the April 6, 2011 Consent Calendar, as Item 2.0, and
consider the adoption of two resolutions, the Public Works Director has indicated the
Grant Application is required to be filed by April 15, 2011, prior to the next meeting, and
the City is required to adopt the Regional Water Management Plan in order to apply for
the grant.
PROPOSED RESOLUTIONS APPROVING THE SUBMISSION AND ACCEPTANCE
OF A GRANT TO OBTAIN STORMWATER FLOOD MANAGEMENT GRANT
FUNDING FROM THE CALIFORNIA DEPARTMENT OF WATER RESOURCES AND
ADOPTING THE COACHELLA VALLEY INTEGRATED REGIONAL WATER
MANAGEMENT PLAN DATED NOVEMBER 30, 2010.
ACTION: 1) Find the Item was brought 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 the Item as titled above to the Consent Calendar as Item 2.0. 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.
Councilmember Foat requested Item 21. be removed from the Consent Calendar for
separate discussion.
Councilmember Hutcheson requested Items 2.K. and 2.M. be removed from the
Consent Calendar for separate discussion.
Councilmember Mills requested Item 2.J. be removed from the Consent Calendar for
separate discussion.
ACTION: Accept the Agenda as amended. Motion Councllmember 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.
2
City Council Minutes
April 6, 2011
Page 3
1. PUBLIC HEARINGS:
1.A. APPEAL OF THE PLANNING COMMISSION DECISION BY SOLAR
POWER INC., REQUESTING RELIEF FROM THE IMPOSITION OF
PUBLIC ARTS FEES FOR A 4.96 MEGAWATT SOLAR POWER
GENERATING FACILITY ON 24 ACRES OF A 98-ACRE PARCEL AT
THE SOUTHEAST CORNER OF KAREN AVENUE AND 19TH AVENUE
ZONE E-I (CASE 5.1253 CUP):
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated April 6, 2011.
Mayor Pro Tem Weigel opened the public hearing, and the following
speaker addressed the City Council.
FRANCES KNIGHT, Solar Power, provided background information on
the scope and purpose of the project, stated the fee acts as a disincentive
to clean energy projects, noted art could be installed on the property but
such art would only be appreciated by occasional maintenance staff,
commented on the fees for all agencies, requested to be relieved of the art
fee, or an art fee be calculated proportionate to the project such as wind
power projects.
No further speakers, the public hearing was closed.
Councilmember Hutcheson stated his support for incentives for renewable
energy and requested staff bring back a proposal to modify the fees.
Councilmember Foat stated her agreement, commented on the substantial
reduction, and requested staff research a per acre in-lieu fee.
Councilmember Mills commented on the timing of the request, stated the
difference between the fees is large and staff should review for equity, and
stated staff should review a minimum fee and perhaps a per acre fee for
that zone.
ACTION: 1) Deny the appeal; and 2) Direct staff to return to the City
Council with a proposed policy for imposing public art fees on all solar
power generating facilities that would be similar to the methodology used
for wind power generating facilities. 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.
3
City Council Minutes
April 6, 2011
Page 4
PUBLIC COMMENT:
BEN HALL, Palm Springs, commented on Item 2.H. regarding the installation of the
security fencing at the Palm Springs International Airport, and requested the City
Council consider cancelling the project.
ROY HILL, Palm Springs Unified School District, commented on Item 3.B., thanked the
City Council for their consideration, noted problems with vendors near schools, and
stated the District supports the Ordinance.
CHARLES NISBET, Palm Springs, provided a brief report on the Trails Subcommittee
and a status report of the trails in Palm Springs.
SID CRAIG, Palm Springs, commented on the activities of the Human Rights
Commission regarding "bullying" in schools.
RICK PANTELE, announced the upcoming art mixer to benefit the AIDS Assistance
Program and the Friends of the Palm Springs Animal Shelter, and commented on public
art fees.
COUNCILMEMBER COMMENTS:
Councilmember Foat announced the Arts thru Lens event, and presented a $25,000
check to the City from the Friends of the Palm Springs Animal Shelter.
Councilmember Mills requested a breakdown of the bond funds for the Welwood Library
and the Palm Springs Library, and request staff address the condition of the medians at
Vista Chino and Sunrise.
Councilmember Hutcheson requested the City Manager look at developing pilot projects
substituting flora landscaping for sustainable landscaping.
Mayor Pro Tern Weigel noted lack of the Security Guard at the skate park, and
requested staff address the roof at the locker rooms at the Swim Center.
CITY MANAGER'S REPORT:
City Manager Ready requested David Barakian, City Engineer, provide an update on
the Palm Springs Insignia on the Interstate 10/Gene Autry Trail Interchange. City
Manager Ready announced the recent demolition of the Clara Bee.
2. CONSENT CALENDAR:
Councilmember Foat requested Item 2.H. be removed from the Consent
Calendar for a staff report.
4
City Council Minutes
April 6, 2011
Page 5
ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.1., 2.N., and 2.0.
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.
2.A. REPORT ON THE POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the April 6, 2011, City
Council Agenda. Approved as part of the Consent Calendar.
2.13. APPROVAL OF MINUTES:
ACTION: Approve the City Council/Community Redevelopment Agency
Minutes of March 16, 2011. Approved as part of the Consent Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 22897, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 3-05-11 BY WARRANTS NUMBERED 416517 THROUGH
416547 TOTALING $46,960.59, LIABILITY CHECKS NUMBERED
1047554 THROUGH 1047575 TOTALING $123,526.36, FIVE WIRE
TRANSFERS FOR $46,790.07, AND THREE ELECTRONIC ACH
DEBITS OF $1,015,071.12, IN THE AGGREGATE AMOUNT OF
$1,232,348.14, DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution
No. 22898, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS
AND DEMANDS BY WARRANTS NUMBERED 1047576 THROUGH
1047651 IN THE AGGREGATE AMOUNT OF $1,582,534.38 DRAWN ON
BANK OF AMERICA;" 3) Adopt Resolution No. 22899, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY
WARRANTS NUMBERED 1047652 THROUGH 1047661 IN THE
AGGREGATE AMOUNT OF $16,636.39, DRAWN ON BANK OF
AMERICA;" 4) Adopt Resolution No. 22900, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1047662 THROUGH 1047849 IN THE AGGREGATE
AMOUNT OF $1,260,886.11, DRAWN ON BANK OF AMERICA;" 5) Adopt
Resolution No. 22901, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF PAYROLL WARRANTS FOR THE PERIOD ENDED 3-19-11 BY
WARRANTS NUMBERED 416548 THROUGH 416574 TOTALING
$42,278.48, LIABILITY CHECKS NUMBERED 1047850 THROUGH
1047873 TOTALING $126,430.86, FIVE WIRE TRANSFERS FOR
S
City Council Minutes
April 6, 2011
Page 6
$45,765.96, AND THREE ELECTRONIC ACH DEBITS OF $989,781.14,
IN THE AGGREGATE AMOUNT OF $1,204,256.44, DRAWN ON BANK
OF AMERICA;" and 6) Adopt Resolution No. 22902, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1047874 THROUGH 1048017 IN THE AGGREGATE
AMOUNT OF $545,062.82, DRAWN ON BANK OF AMERICA."
Approved as part of the Consent Calendar.
2.D. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE
NO. 1785, PROHIBITING MOBILE VENDING NEAR SCHOOLS:
ACTION: Waive further reading and adopt Ordinance No. 1785, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING
SECTION 6.08.140 TO THE PALM SPRINGS MUNICIPAL CODE, TO
PROHIBIT MOBILE VENDING NEAR SCHOOLS." Approved as part of
the Consent Calendar.
2.E. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE
NO. 1786, AMENDING THE EXISTING HOTEL INCENTIVE PROGRAM
FOR A FIRST CLASS NEW HOTEL TO RECEIVE SEVENTY-FIVE
PERCENT OF THE ADJUSTED TAX RATE:
ACTION: Waive further reading and adopt Ordinance No. 1786, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SUBSECTION (a) OF SECTION 5.26.040 OF THE PALM
SPRINGS MUNICIPAL CODE, WITH RESPECT TO FIRST CLASS NEW
HOTELS PARTICIPATING IN THE CITY'S HOTEL OPERATIONS
INCENTIVE PROGRAM." Approved as part of the Consent Calendar.
2.F. ACCEPT THE RESIGNATION OF ALFRED GERGELY FROM THE
ADMINISTRATIVE APPEALS BOARD:
ACTION: 1) Accept with regret the resignation of Alfred Gergely from the
Administrative Appeals Board; and 2) Direct the City Clerk to post a Notice
of Vacancy for the unexpired term ending June 30, 2012. Approved as
part of the Consent Calendar.
2.G. CHANGE ORDER NO. 6 TO AGREEMENT NO. A5976 WITH W. E.
O'NEIL CONSTRUCTION COMPANY TO SETTLE ALL ITEMS
RELATED TO FIELD CORRECTION NOTICE NO. 8 ON THE PALM
SPRINGS ANIMAL SHELTER PROJECT:
ACTION: 1) Approve Change Order No. 6 to Agreement No. A5976 with
W. E. O'Neil Construction Company to settle all items related to Field
Correction No. 8 on the Palm Springs Animal Shelter; and 2) Authorize the
City Manager to execute all necessary documents. A5976. Approved as
part of the Consent Calendar.
2.1. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E)
AND AUTHORIZATION TO BID FOR THE INDIAN CANYON DRIVE
City Council Minutes
April 6, 2011
Page 7
WIDENING (TRAMVIEW ROAD TO UPRR), FEDERAL PROJECT NO.
STPLN-5282 (023) (CP 01-25):
ACTION: Approve the plans, specifications, and working details for the
Indian Canyon Drive Widening (Tramview Road to UPRR), Federal
Project No. STPLN-5282(023) (CP 01-25), and authorize the bid process.
Approved as part of the Consent Calendar.
2.N. SURRENDER THE PERMIT FOR THE COACHELLA VALLEY FRINGE-
TOED LIZARD HABITAT CONSERVATION PLAN:
ACTION: 1) Adopt Resolution No. 22904, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
SURRENDERING THE PERMIT FOR THE COACHELLA VALLEY
FRINGE-TOED LIZARD HABITAT CONSERVATION PLAN AND
REPEALING THE FRINGE-TOED LIZARD MITIGATION FEE." Approved
as part of the Consent Calendar.
2.0. ADDED ITEM PROPOSED RESOLUTIONS APPROVING THE
SUBMISSION AND ACCEPTANCE OF A GRANT TO OBTAIN
STORMWATER FLOOD MANAGEMENT GRANT FUNDING FROM THE
CALIFORNIA DEPARTMENT OF WATER RESOURCES AND
ADOPTING THE COACHELLA VALLEY INTEGRATED REGIONAL
WATER MANAGEMENT PLAN DATED NOVEMBER 30, 2010:
ACTION: 1) Adopt Resolution No. 22905, " A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING THE SUBMITTAL OF AN APPLICATION TO OBTAIN
STORMWATER FLOOD MANAGEMENT GRANT FUNDING FROM THE
CALIFORNIA DEPARTMENT OF WATER RESOURCES FOR THE
TAHQUITZ CREEK LEVEE IMPROVEMENTS;" and 2) Adopt Resolution
No. 22906, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING THE COACHELLA VALLEY
INTEGRATED REGIONAL WATER MANAGEMENT PLAN DATED
NOVEMBER 30, 2010. Approved as part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2.H. FEDERAL AVIATION ADMINISTRATION (FAA) AIRPORT IMPROVEMENT
PROJECT (AIP) 48 GRANT ACCEPTANCE:
Councilmember Foat requested staff address the comments made during public
comment regarding the security fence project.
ACTION: 1) Approve the acceptance of FAA AIP Grant No. 3-06-0101-048-2011
for up to $2,200,000 for the construction phase of the Security Fencing Project;
and 2) Authorize the City Manager to execute all necessary documents. A6084.
7
City Council Minutes
April 6, 2011
Page 8
Motion Councilmember Mills, seconded by Mayor Pro Tern Weigel 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.J. PROFESSIONAL SERVICES AGREEMENT WITH SOUTHERN CALIFORNIA
SOIL & TESTING, INC. FOR ON-CALL SOILS, GEOTECHNICAL AND
MATERIALS TESTING SERVICES:
Councilmember Mills requested staff address the criteria for selection,
questioned why this was considered a professional service rather than a bidding
process, and the payment of prevailing wage.
ACTION: 1) Approve an agreement with Southern California Soil & Testing, Inc.,
for "on-call" soils, geotechnical and materials testing services for an initial three
(3) year term, subject to two (2) additional one (1) year extensions approved at
the discretion of the City Manager deleting the words "prevailing wage"on Exhibit
D to the contract; 2) Authorize the Director of Public Works/City Engineer to
approve Purchase Orders for services associated with budgeted capital
improvement projects pursuant to the terms of the Agreement for amounts up to
$25,000; 3) Authorize the City Manager to approve Purchase Orders for services
associated with budgeted capital improvement projects pursuant to the terms of
the Agreement for amounts in excess of $25,000; and 4) Authorize the City
Manager to execute all necessary documents. A6086. 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.K. GENERAL PLAN HOUSING ELEMENT 2010 ANNUAL REPORT TO THE
STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT:
Councilmember Hutcheson request the City Manager schedule a meeting with
the ad hoc City Council Affordable Housing Subcommittee to discuss low income
housing options, small residential care facilities, and incentives to encourage the
production of low income housing.
ACTION: Receive and file. Motion Councilmember Hutcheson, seconded by
Councilmember Mills and unanimously carried 4-0 on a roll call vote.
City Council Minutes
April 6, 2011
Page 9
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember
Mills, and Mayor Pro Tern Weigel.
NOES: None.
ABSENT: Mayor Pougnet.
21. PURCHASE NOTEBOOK COMPUTERS FOR MOBILE DATA COMPUTING:
Councilmember Foat requested staff address the disposal of the current
notebook computers.
ACTION: 1) Approve the purchase of thirty-one (31) Dell Latitude E640OXFR
Ruggedized notebook computers with corresponding Dell Mobile Docking
Stations and Multimode Combo antennas from Dell Corporation via the Western
States Contracting Alliance Cooperative Purchase Agreement WN99ABZ in the
amount of $148,662.81; 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 Tern Weigel.
NOES: None.
ABSENT: Mayor Pougnet.
2.M. ADDITIONAL MISCELLANEOUS FISCAL YEAR 2010-11 MAINTENANCE
AND REPAIR EXPENDITURES FOR THE CO-GENERATION PLANTS:
Councilmember Hutcheson requested staff address the feasibility of postponing
the expenditures until the City receives the energy report from Chevron.
Mayor Pro Tern Weigel requested staff comment on the energy report, and if the
report will provide analysis on the cost effectiveness of the Co-Gen Plant.
ACTION: 1) Approve additional funds to Johnson Power Systems Purchase
Order No. 11-0193 for the as-needed purchase of Caterpillar repair parts in an
amount not-to-exceed $60,000; and 2) Adopt Resolution No. 22903, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2010-11." 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 Tern Weigel.
NOES: None.
ABSENT: Mayor Pougnet.
a
City Council Minutes
April 6, 2011
Page 10
3. LEGISLATIVE:
3.A. PROPOSED ORDINANCE PROVIDING FOR DISPLACEMENT
PAYMENTS FOR RESIDENTIAL HOUSEHOLDS:
John Raymond, Director of Community and Economic Development,
provided background information as outlined in the April 6, 2011 staff
report.
Councilmember Foat requested staff address including a first right of
refusal for tenants to return to the renovated building when completed,
and requested staff address who makes the determination if the owner or
the tenant is at fault.
Councilmember Hutcheson stated his support, and would recommend the
City Council direct the City Attorney to draft a right of first refusal provision
in a separate ordinance.
ACTION: 1) Waive reading of the full text of the Ordinance, and introduce
by title only; and 2) Introduce for the first reading Ordinance No. 1787, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING
ARTICLE VIII TO CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL
CODE, PROVIDING FOR DISPLACEMENT PAYMENTS FOR
RESIDENTIAL HOUSEHOLDS;" and 2) Direct the City Attorney to draft an
Ordinance providing a right of first refusal for displaced tenants to return to
the building. 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.
3.13. PROPOSED ORDINANCE RELATING TO PROHIBITION OF SMOKING
NEAR PLAYGROUNDS:
City Attorney Holland provided background information as outlined in the
staff report dated April 6, 2011.
Mayor Pro Tern Weigel commented on information received regarding the
prohibition of smoking in public parks, and stated he feels this ordinance
does not go far enough, but would like to increase the number of feet to
100 feet.
Councilmember Hutcheson stated his support for the ordinance.
10
City Council Minutes
April 6, 2011
Page 11
Councilmember Mills stated his support for the ordinance, requested staff
address enforcement, commented on the posting of signs, and suggested
the City Council consider a total ban in parks.
Councilmember Foat commented on enforcement, and noted the
compromise language that still allows smoking among adults but protects
children.
Councilmember Hutcheson suggested the City Council introduce the
proposed ordinance and discuss further expansion of the prohibition.
ACTION: 1) Waive reading of the full text of the Ordinance, and introduce
by title only; and 2) Introduce for the first reading Ordinance No. 1788, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING
SECTION 6.10.081 TO, AMENDING SECTION 6.10.020 OF, AND
AMENDING SUBSECTION (a) OF SECTION 6.10.100 OF, THE PALM
SPRINGS MUNICIPAL CODE, RELATING TO PROHIBITION OF
SMOKING NEAR PLAYGROUNDS." Motion Mayor Pro Tern Weigel,
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.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
5.A. APPOINTMENT OF CITY COUNCIL SUBCOMMITTEES TO SCREEN
COMMISSION AND BOARD APPLICATIONS, TO DETERMINE
QUALIFIED APPLICANTS AS PART OF THE 2011 ANNUAL
RECRUITMENT OF CITY BOARDS AND COMMISSIONS:
City Clerk Thompson provided background information as outlined in the
staff report dated April 6, 2011.
ACTION: 1) Direct the City Clerk to provide for the City Council as a whole
to participate in the screening and interview of Applicants for the Planning
Commission and the Historic Site Preservation Board; 2) Appoint the
same City Council ad hoc subcommittees as the 2010 Annual
Recruitment; and 3) Appoint Councilmember Hutcheson and
Councilmember Mills to the ad hoc subcommittee for the Tramway Board.
By consensus of the City Council.
�.i
City Council Minutes
April 6, 2011
Page 12
5.13. BRIDGE AESTHETIC DESIGN PLANS FOR THE BELARDO ROAD
BRIDGE & ROADWAY WIDENING (CP 87-49):
David Barakian, City Engineer, provided background information as
outlined in the staff report dated April 6, 2011.
Councilmember Mills requested staff address any comments by Tribal
Planning Commission and the AAC, and noted his disappointment in the
design.
ACTION: Approve the bridge aesthetic design plans for the Belardo Road
Bridge and Roadway Widening (CP 87-49). Motion Councilmember
Foat, seconded by Councilmember Hutcheson and carried 3-1 on a
roll call vote.
AYES: Councilmember Foat, Councilmember Hutcheson, and
Mayor Pro Tern Weigel.
NOES: Councilmember Mills.
ABSENT: Mayor Pougnet.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Hutcheson noted the announcement from the Riverside County Board
of Supervisors regarding the proposed Riverside County Whitewater Detention Center.
ADJOURNMENT: The City Council adjourned at 9:06 p.m. to Wednesday, April 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
4T" DAY OF MAY, 2011.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
12
CITY COUNCIL
COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
OoAiy j'O
6
- c
r4Ira11PP
MINUTES
WEDNESDAY, APRIL 20, 2011
Council Chamber
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:17 p.m.
PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard, led the
Pledge.
INVOCATION: Rev. Hank Bates, Desert City Community Church, led the Pledge.
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:
Fire Chief Scott Ventura announced the 2011 Firefighter of the Year Ron Cummings.
Mayor Pougnet and the City Council presented a Certificate of Recognition to Lisa
Gursi, Riverside County Woman of the Year.
Mayor Pougnet and the City Council proclaimed April 2011 as Child Abuse Prevention
Month in the City of Palm Springs.
Mayor Pougnet and the City Council presented a Certificate of Recognition to Bob Allen,
Senior Inspiration Award winner for volunteer work in the Community.
Police Chief Al Franz presented a memorial to K-9 Officer "Ike."
Fire Chief Ventura and Police Chief Franz announced the upcoming Police and Fire
Appreciation Luncheon.
Mayor Pougnet announced the upcoming Easter Egg Hunt at Ruth Hardy Park, and the
Annual PSNIC Picnic at Sunrise Park.
Councilmember Foat announced the upcoming Friends of the Palm Springs Animal
Shelter Fundraiser at the Edris House.
City Council Minutes
April 20, 2011
Page 2
REPORT OF CLOSED SESSION:
The meeting was called to order at 4:30 p.m. and City Attorney Holland requested the
City Council consider adding an Item to the Closed Session Agenda pursuant to Cal.
Gov. Code Section 54856.9(a) Conference with Legal Counsel for Existing Litigation
concerning the matter of Daniel Teutle et. al v. City of Palm Springs et. al., Case No.
INC 1103235, Riverside Superior Court, Indio Division.
ACTION: 1) Find 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 to the Closed Session Agenda one Item of Existing Litigation, G.C. Section
54856.9(a) Daniel Teutle et. al v. City of Palm Springs et. al., Case No. INC 1103235,
Riverside Superior Court, Indio Division. Motion Mayor Pro Tern Weigel, seconded by
Councilmember Hutcheson and unanimously carried 4-0, noting the absence of
Councilmember Mills.
City Attorney Holland stated that the City Council recessed into Closed Session to
discuss Items on the Closed Session Agenda, and no reportable actions were taken.
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson noted the corrected recommendation for Consent Calendar Item
2.J. deleting the waiver of competitive requirements of the Code.
Councilmember Foat noted her business related abstention on Item 2.C. Warrant No.
1048194, and requested Item 2.1. be removed from the Consent Calendar for separate
discussion.
Councilmember Hutcheson requested Items 2.H. and 2.J. be removed from the Consent
Calendar for separate discussion.
Councilmember Mills noted his business related abstention on Item 2.C. Warrant No.
1048075.
Mayor Pougnet noted his business related abstention on Item 2.C. Warrant No.
1048108, and requested Item 2.1. be removed from the Consent Calendar for separate
discussion.
ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded
by Mayor Pro Tern Weigel and unanimously carried on a roll call vote.
1. PUBLIC HEARINGS:
1.A. COLLEGE PARK SPECIFIC PLAN GENERAL PLAN AMENDMENT
AND CHANGE OF ZONE TO REFINE LAND USES IN PROXIMITY TO
14
City Council Minutes
April 20, 2011
Page 3
THE FUTURE COLLEGE OF THE DESERT WEST VALLEY CAMPUS
(CASE NO. 5.1232-SP, GPA & CZ):
John D. Criste, Consulting Planner, provided background information as
outlined in the staff report dated April 20, 2011.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
EDWIN DEAS, provided a progress report on the project development,
commented on his submitted letter and request for minor modifications
relating to the proposed Sunrise Parkway and setbacks, and commented
on discussions with City Staff on which standards the College would be
subject to.
STEPHEN RENEW, College of the Desert, stated the development is
planned in several stages and requested City Council consideration on the
setbacks.
TRAVIS ARMSTRONG, spoke in support of the City Council retaining the
option for Sunrise Parkway, commented on crime and blight in the
neighborhood, including blight on City property.
WILLIE HOLLAND, stated it not the responsibility of College of the Desert
to put in a road for the City, and commented on neighborhood issues.
No further speakers coming forward, the public hearing was closed.
Councilmember Hutcheson requested staff address the proposed Sunrise
Parkway, and the Planning Commission discussion regarding the
proposed roadway.
Councilmember Mills stated he was surprised to see the proposed Sunrise
Parkway in the Specific Plan, and questioned if it would be the main
entrance to the campus and if signalization would be required,
recommended the Sunrise Parkway end into the college, noted the bike
path system should be incorporated into the easement, requested staff
address the right-of-way near the San Rafael area on Exhibit 7.7 of the
Specific Plan, potential for a link and circulation in the San Rafael and
Radio Road/Rosa Parks area, stated the Specific Plan takes into account
how the College can integrate into the area, and support the abandonment
of the easement except for bikes and trails.
Councilmember Foat requested staff address the requirement of set-back
and right-of-way on the industrial side of San Rafael.
is
City Council Minutes
April 20, 2011
Page 4
Councilmember Hutcheson stated he concurred with Councilmember Mills
on his comments with respect to the proposed Sunrise Parkway, and
commented on the positive impact of the College to the City.
Mayor Pougnet noted on the development of the College and the
development of the plan, noted that College of the Desert is not a private
college, and requested staff prepare a report, indicating the investment
expenditures in the Desert Highland neighborhood for the last five years.
ACTION: 1) Waive reading of the full text of the Ordinance and introduce
by title only; and 2) Introduce for first reading Ordinance No. 1789, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING THE CHANGE OF ZONE, ADOPTING THE COLLEGE OF
THE DESERT WEST VALLEY CAMPUS SPECIFIC PLAN
ESTABLISHING NEW DEVELOPMENT STANDARDS AND GUIDELINES
FOR THE PROPOSED TEN (10) INDIVIDUAL PLANNING AREAS
LOCATED WEST OF INDIAN CANYON DRIVE, EAST OF HIGHWAY
111, NORTH OF SAN RAFAEL DRIVE AND SOUTH OF THE CHINO
CREEK/WHITEWATER RIVER FLOOD CONTROL LEVEE," modifying
the Specific Plan with the abandonment of the extension of Sunrise
Parkway, providing for the trails and the related right-of-way, and the
abandonment of the setback requirement. Motion Councilmember Foat,
seconded by Councilmember Mills and unanimously carried on a roll
call vote.
1.13. COMMUNITY REDEVELOPMENT AGENCY AND CITY COUNCIL
JOINT PUBLIC HEARING APPROVING AMENDMENT NO. 2 TO
DISPOSITION AND DEVELOPMENT AGREEMENT NO. A0503C WITH
ENDURE INVESTMENTS, LLC FOR REMEDIATION AND MONITORING
THE SITE OF A 393,000 SQUARE FOOT RETAIL SHOPPING CENTER
AT THE NORTHEAST CORNER OF RAMON ROAD AND GENE AUTRY
TRAIL (HIGHWAY 111) MERGED REDEVELOPMENT PROJECT AREA
NO. 1:
John Raymond, Director of Community and Economic Development,
provided background information as outlined in the staff report dated April
20, 2011.
Mayor Pougnet opened the public hearing, and no speakers coming
forward the public hearing was closed.
ACTION: (COMMUNITY REDEVELOPMENT AGENCY) 1) Adopt
Resolution No. 1418, "A RESOLUTION OF THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING AMENDMENT NO. 2 TO THE DISPOSITION
AND DEVELOPMENT AGREEMENT NO. A0503C WITH ENDURE, LLC
(FORMERLY GEIGER LLC) FOR THE DEVELOPMENT OF THE
SPRINGS PROJECT;" 2) Authorize the Executive Director to execute a
EV
City Council Minutes
April 20, 2011
Page 5
budget transfer of $140,000 from unallocated capital outlay funds to an
account established for the purposes of executing this agreement; and
(CITY COUNCIL) 3) Adopt Resolution No. 22907, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
CONCURRING WITH THE COMMUNITY REDEVELOPMENT AGENCY
REGARDING THE APPROVAL OF AMENDMENT NO. 2 TO THE
DISPOSITION AND DEVELOPMENT AGREEMENT NO, A0503C WITH
ENDURE, LLC." A0503C. Motion Councilmember Mills, seconded by
Councilmember Hutcheson and unanimously carried on a roll call
vote.
PUBLIC COMMENT:
PHYLLIS BURGESS, commented on the loss of Police K-9 Ike, commented on Item
2.1., and requested the City Council not support the Resolution as requested by the
Human Rights Commission.
GEORGE W. ZANDER, Palm Springs, commented on Item 2.1., and requested the City
Council support and adopt a Resolution supporting marriage equality.
REV. KEVIN A. JOHNSON, commented on Item 2.1., and requested the City Council
support and adopt a Resolution supporting marriage equality.
PAUL ZAK, commented on Item 2.1., and requested the City Council support and adopt
a Resolution supporting marriage equality.
GREG RODRIGUEZ, commented on Item 2.1., and requested the City Council support
and adopt a Resolution supporting marriage equality.
TOM SWANN, announced the 10th anniversary of the Gay Veterans Memorial.
FRANK TYSEN, commented on the proposed Riverside Detention Center at
Whitewater, and thanked the City Council for their support and partial funding of the
economic study.
WILLIE HOLLAND, commented on marriage, and issues in the Highland Gateway
neighborhood.
STEVE ROSENBERG, commented on tourist activity at the Palm Springs International
Airport and the Coachella Fest Event.
COUNCILMEMBER COMMENTS:
Mayor Pougnet requested staff address issues at the Korakia and the disrespect for the
neighborhood, and thanked all parties involved in stopping the proposed Riverside
County Detention Center at Whitewater.
' 7
City Council Minutes
April 20, 2011
Page 6
Councilmember Foat provided a report on the CVAG Homeless Committee meeting, the
activities at Roy's Resource Center serving Homeless in the Coachella Valley,
commented on the conditions at the Palm Springs Animal Shelter and a recent lawsuit
filed against the City regarding the condition of the Animal Shelter.
Mayor Pro Tern Weigel commented on the City of Indian Wells Campaign Help for
Homelessness, and requested staff review the possibility of incorporating a similar
program or participate in the Indian Wells campaign.
CITY MANAGER'S REPORT: None.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., and 2.G. Motion
Councilmember Foat, 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 April 20, 2011,
City Council Agenda. Approved as part of the Consent Calendar.
2.13. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE
NO. 1787, PROVIDING FOR DISPLACEMENT PAYMENTS FOR
RESIDENTIAL HOUSEHOLDS:
ACTION: Waive further reading and adopt Ordinance No. 1787, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING
ARTICLE VIII TO CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL
CODE, PROVIDING FOR DISPLACEMENT PAYMENTS FOR
RESIDENTIAL HOUSEHOLDS." Approved as part of the Consent
Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 22908, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1048018 THROUGH 1048119 IN THE AGGREGATE
AMOUNT OF $1,848,553.16, DRAWN ON BANK OF AMERICA;" 2) Adopt
Resolution No. 22909, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF PAYROLL WARRANTS FOR THE PERIOD ENDED 4-02-11 BY
WARRANTS NUMBERED 416575 THROUGH 416601 TOTALING
$55,530.40, LIABILITY CHECKS NUMBERED 1048120 THROUGH
1048143 TOTALING $126,806.36, FIVE WIRE TRANSFERS FOR
$46,470.96, AND THREE ELECTRONIC ACH DEBITS OF $1,049,137.61,
IN THE AGGREGATE AMOUNT OF $1,277,945.33, DRAWN ON BANK
OF AMERICA;" and 3) Adopt Resolution No. 22910, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
e3
City Council Minutes
April 20, 2011
Page 7
NUMBERED 1048144 THROUGH 1048237 IN THE AGGREGATE
AMOUNT OF $663,716.61, DRAWN ON BANK OF AMERICA."
Approved as part of the Consent Calendar, noting the business
related abstention of Councilmember Foat on Warrant No. 1048194,
the business related abstention of Councilmember Mills on Warrant
No. 1048075, and the business related abstention of Mayor Pougnet
on Warrant No. 1048108.
2.1). STAFF AUTHORIZED AGREEMENTS FOR MARCH 2O11:
ACTION: Receive and file Staff Authorized Agreements covering the
period March 1 through March 31, 2011. Approved as part of the
Consent Calendar.
2.E. ACCEPT THE RESIGNATION OF JAMIE KABLER FROM THE PUBLIC
ARTS COMMISSION:
ACTION: 1) Accept with regret the resignation of Jamie Kabler from the
Public Arts Commission; and 2) Direct the City Clerk to post a Notice of
Vacancy for the unexpired term ending June 30, 2011. Approved as part
of the Consent Calendar.
2.F. ACCEPT THE RESIGNATION OF JEANNE MAZUR FROM THE
PUBLIC ARTS COMMISSION:
ACTION: 1) Accept with regret the resignation of Jeanne Mazur from the
Public Arts Commission; and 2) Direct the City Clerk to post a Notice of
Vacancy for the unexpired term ending June 30, 2012. Approved as part
of the Consent Calendar.
2.G. AMENDMENT NO. 5 TO AGREEMENT NO. A5672 WITH
SWATT/MIERS ARCHITECTS TO PROVIDE ADDITIONAL DESIGN
SERVICES AT THE ANIMAL CARE FACILITY:
ACTION: 1) Approve Amendment No. 5 to Agreement No. A5672 with
Swatt/Miers Architects to provide for additional design services related to
re-design of the Canine Courtyard as part of the settlement to Field
Correction Notice #8, in the amount of $2,900; and 2) Authorize the City
Manager to execute all necessary documents. A5672. Approved as part
of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2.1-1. AGREEMENT WITH PYRANET LLC FOR THE BILLINGS AND
RECONCILIATION OF ALARM PERMITS, RENEWALS, FALSE ALARMS,
AND CONTINUANCE OF THE ALARM DIVERSION PROGRAM:
Councilmember Hutcheson requested staff address the cost of the program.
ACTION: 1) Approve an agreement with Pyranet, LLC, dba
PalmSpringsAlarm.com and alarmschoolon line.com (PSA) to perform the billing
t
City Council Minutes
April 20, 2011
Page 8
and reconciliation of alarm permits, renewals, and false alarm billings and
continue the On-Line Alarm Diversion Program for 36 months; 2) Authorize the
City Manager to execute all necessary documents. A5409. Motion
Councilmember Mills, seconded by Councilmember Foat and unanimously
carried on a roll call vote.
2.1. HUMAN RIGHTS COMMISSION REQUEST PERTAINING TO CIVIL
MARRIAGES:
Councilmember Foat requested staff bring forth a resolution for City Council
consideration at the next City Council meeting, noted the civil rights implications,
tax implications and legal rights afforded.
Councilmember Hutcheson stated his support for Councilmember Foat's
statements, commented on rights afforded recognized married couples, and
equal rights.
Mayor Pro Tern Weigel stated this is a polarizing issue, and the City Council
should not take on such an issue that would polarize the community.
Mayor Pougnet noted his support for the statements made by Councilmember
Foat and Councilmember Hutcheson, commented on same-sex marriage, and
noted effects to children.
ACTION: 1) Receive and file; and 2) Direct staff to bring forth a Resolution for
City Council discussion and consideration at the May 4, 2011 meeting. Motion
Councilmember Foat, seconded by Councilmember Hutcheson and carried
3-1-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember Hutcheson, and Mayor
Pougnet.
NOES: Councilmember Mills.
ABSTAIN: Mayor Pro Tern Weigel.
2.J. PROJECT SYSTEM SOFTWARE AND DATA SERVICES FOR THE BUILDING
AND SAFETY DEPARTMENT AND DEVELOPMENT SERVICES:
Councilmember Hutcheson noted the benefits of the new permitting system to
the citizens and developers.
ACTION: 1) Award a master software and services agreement for a new
permitting software system, in a form acceptable to the City Attorney, to
BUILDERadius Inc. of Asheville, NC in the amount of $88,500.00, including 5
years of maintenance; and 2) Authorize the City Manager to execute all
necessary documents. A6090. Motion Councilmember Foat, seconded by
Councilmember Hutcheson and unanimously carried on a roll call vote.
20
City Council Minutes
April 20, 2011
Page 9
3. LEGISLATIVE:
3.A. CONSIDERATION OF DRAFT ORDINANCES PROHIBITING SMOKING
NEAR PLAYGROUNDS AND IN THE ALTERNATIVE, PROHIBITING
SMOKING IN CITY PARKS:
City Attorney Holland provided background information as outlined in the
staff report dated April 20, 2011.
Mayor Pro Tern Weigel requested the City Council introduce the
Ordinance prohibiting smoking in parks.
Mayor Pougnet requested staff address the enforcement of the proposed
ordinances.
Mayor Pro Tern Weigel noted other cities and counties that prohibit
smoking in parks and public beaches.
Councilmember Mills commented on enforcement issues with the two
prepared ordinances.
Councilmember Hutcheson thanked Mayor Pro Tern Weigel and
commented on the impacts of smoking.
Councilmember Foat requested staff address the implementation of the
program.
Mayor Pougnet requested staff address any other cities in the Coachella
Valley and in Riverside County who have similar restrictions.
ACTION: 1) Waive the reading of text in its entirety, read by title only, and
re-introduce on first reading, Ordinance No. 1788, "AN ORDINANCE OF
THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION
6.10.081 TO, AMENDING SECTION 6.10.020 OF, AND AMENDING
SUBSECTION (a) OF SECTION 6.10.100 OF, THE PALM SPRINGS
MUNICIPAL CODE, RELATING TO PROHIBITION OF SMOKING IN
PARKS." Motion Mayor Pro Tern Weigel, seconded by
Councilmember Hutcheson and unanimously carried on a roll call
vote.
3.13. PROPOSED ORDINANCE ESTABLISHING ELECTION REGULATIONS
INCREASING THE NUMBER OF SIGNATURES NEEDED TO QUALIFY
TO RUN FOR ELECTIVE OFFICE AND ESTABLISHING A FILING FEE:
City Clerk Thompson provided background information as outlined in the
staff report dated April 20, 2011.
Councilmember Foat requested the proposed regulations include the proof
of residency in the proposed ordinance, commented on the proposed fees
21
City Council Minutes
April 20, 2011
Page 10
and stated her support to recoup the cost to City for petition verification,
and noted her flexibility on number of voters required.
Councilmember Mills requested staff address the cost of a candidate
statement, stated his support for a candidate statement be mandatory for
all candidates and included in the proposed ordinance, noted his flexibility
in determining the number of signatures required, requested staff address
the timing of the nomination period and perhaps allow for more time during
the nomination process, commented on the number of signatures allowed
on a paper and recommended the signatures be in the 120 to 180 range
with 6 sections to a nomination petition.
Mayor Pro Tern Weigel stated 200 to 250 signatures is too many, stated
his support for multiple circulators, stated the timing is too close to the
current election cycle and stated his support for making regulations
effective after the 2011 election.
Mayor Pougnet stated his support for the deferral of any regulations to the
next election cycle.
Councilmember Hutcheson stated the City Council does need to take
action and noted his support for making the regulations effective with the
next election cycle, commented on the need to take a better discourse
with respect to election regulations to encourage those who are committed
to office and serving the community, noted his support for more signatures
and lesser fees which could be a barrier.
Councilmember Foat noted that increasing the number of signatures
would not be a barrier and renewed her support to be effective this
election cycle, noted if the City Council was to defer the signature
requirement to the next election cycle, she would prefer the proof of
residency to become effective for this election cycle.
ACTION: 1) Waive reading of the full text of the Ordinance and introduce
by title only; 2) Introduce for first reading Ordinance No. 1790, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING
CHAPTER 2.02 TO, REPEALING SECTIONS 2.04.080 AND 2.04.100 OF
THE PALM SPRINGS MUNICIPAL CODE, AND REPEALING
UNCODIFIED ORDINANCE NO. 1562, RELATING TO THE CONDUCT
OF MUNICIPAL ELECTIONS," amending Section 2.02.020(a) to provide
for not less than 150 nor more than 210 voters, amending Section
2.02.030(a) to provide for 6 Sections with each Section of 35 signatures,
and amending Section 5 of the Ordinance for an effective date of January
1, 2012; and 3) Direct staff to bring forth legislation that provides for proof
of residency effective the current election cycle. Motion Councilmember
Foat, seconded by Councilmember Mills and unanimously carried on
a roll call vote.
22
City Council Minutes
April 20, 2011
Page 11
4. UNFINISHED BUSINESS:
4.A. REDESIGN FOR THE RENOVATION AND EXPANSION OF THE
WELWOOD MURRAY MEMORIAL LIBRARY, A CLASS 1 HISTORIC
SITE, LOCATED AT 100 SOUTH PALM CANYON DRIVE:
Al Smoot, City Owners Representative, presented the redesign of the
renovation and expansion plans for the Welwood Murray Memorial
Library.
Councilmember Mills stated the project stays within the existing footprint,
the redesign of the patio areas into a workable operation, the elevations,
the remote toilets, and stated the City Council has accomplished what it
set out to do.
Councilmember Hutcheson requested staff address the operating budget
for the expanded space, questioned the proposed uses, and stated the
programs do not justify the expenditure.
Mayor Pro Tern Weigel stated this will provide much needed meeting
space in the Downtown area, and commented on other positive
components of the program plan.
Councilmember Foat requested staff address the door to the restrooms,
stated the City should move forward, but is in agreement the programming
could be improved, and the interior should include pizzazz.
Councilmember Mills commented on the programming alternatives, and
stated the programming should be operated by the Library.
ACTION: 1) Direct staff to submit the redesigned project to the Planning
Commission and the Architectural Advisory Committee; and 2) Direct staff
to submit the redesigned project to the Historic Site Preservation Board for
a Certificate of Approval. Motion Councilmember Mills, seconded by
Mayor Pro Tern Weigel and carried 4-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern
Weigel, and Mayor Pougnet.
NOES: Councilmember Hutcheson.
4.13. MUSEUM MARKET PLAZA SPECIFIC PLAN UPDATE:
John Raymond, Director of Community and Economic Development,
provided a verbal update on the Museum Market Plaza Specific Plan.
No action taken.
23
City Council Minutes
April 20, 2011
Page 12
5. NEW BUSINESS:
5.A. PRESENTATION AND DISCUSSION OF THE DRAFT FISCAL YEAR
2011-12 GENERAL FUND BUDGET AND SUSTAINABILITY FUND
BUDGET, AND FISCAL YEAR 2010-11 THIRD QUARTER UPDATE:
City Manager Ready and Geoffrey Kiehl, Finance Director, provided a
review of the Fiscal Year 2010-11 Third Quarter Update and introduced
the Fiscal Year 2011-12 General Fund, Sustainability Fund and Recycling
Fund budgets.
ACTION: Continue past the 10:00 p.m. tentative adjournment time.
Motion Councilmember Foat, seconded by Councilmember
Hutcheson and unanimously carried.
Councilmember Hutcheson requested staff address budgeted
expenditures for street improvements, general cost insurance, requested a
breakdown of personnel costs, and requested the development of a
special event in the fourth quarter.
Mayor Pro Tern Weigel requested staff address the general cost
increases, and noted some of the structural changes made throughout the
year.
Mayor Pougnet stated the City has not made enough structural changes,
and stated employees need to start paying a portion of their retirement.
No action taken.
5.13. APPOINTMENT OF A CITY COUNCIL AD HOC SUBCOMMITTEE FOR
THE 2011 GENERAL PLAN HOUSING ELEMENT UPDATE:
ACTION: Appoint Councilmember Mills and Councilmember Hutcheson to
an Ad Hoc City Council Subcommittee for the 2011 General Plan Housing
Element Update. Motion Councilmember Foat, seconded by Mayor
Pro Tern Weigel and unanimously carried on a roll call vote.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: None.
ADJOURNMENT: The City Council adjourned in memory of Police K-9 "Ike," at 10:22
p.m. to the next regular meeting, Wednesday, May 4, 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.
2 4
City Council Minutes
April 20, 2011
Page 13
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS
4T" DAY OF MAY, 2011.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
25