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HomeMy WebLinkAbout4/6/2011 - STAFF REPORTS - 2B CITY COUNCIL COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS, CALIFORNIA A fvnga r '141p0.MP• MINUTES WEDNESDAY, MARCH 16, 2011 Council Chamber CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:04 p.m. PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard, led the Pledge. INVOCATION: Rev. Dr. Amanda Burr, United Methodist Church of Palm Springs, led the Invocation. ROLL CALL: PRESENT: Councilmember Foat, Councilmember Hutcheson, Mayor Pro Tern Weigel, and Mayor Pougnet. ABSENT: Councilmember Mills. ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson. PRESENTATIONS: Fire Chief Ventura announced the recent promotions in the Palm Springs Fire Department. Michele Mician, Sustainability Manager, announced the Green Citizen Awards. Barbara Roberts, Director of Library Services, announced the Library Board of Trustees Resolution on the Palm Springs Library roof repairs. Mayor Pougnet provided updates on the recent Black History Month Parade, the status of the new cupcake store, and the Mayor reads Dr. Seuss event. Councilmember Hutcheson announced the recent Tutti Frutti Grand Opening. Mayor Pro Tern Weigel provided an update on the recent Principal for a Day Program, and the Arbor Day Celebration. Councilmember Foat provided an update on the Roy's Desert Resource Center. ITEM NO. City Council Minutes March 16, 2011 Page 2 Mayor Pougnet announced the upcoming PSNIC Town Hall Meeting regarding the proposed Riverside County Whitewater Detention Facility. 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: Mayor Pougnet requested Items 5.E. and 55. be heard out of order as the first new business items. Councilmember Foat noted her abstention on Item 2.C. Warrant No. 1047513, and requested Items 2.F. and 2.M. be removed from the Consent Calendar for separate discussion. Mayor Pro Tern Weigel requested items 2.J. and 21. be removed from the Consent Calendar for separate discussion. ACTION: Accept the Agenda as amended. Motion Councilmember Foat, seconded by Councilmember Hutcheson and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Foat, Councilmember Hutcheson, Mayor Pro Tem Weigel, and Mayor Pougnet. NOES: None. ABSENT: Councilmember Mills. 1. PUBLIC HEARINGS: 1.A. 37TH PROGRAM YEAR COMMUNITY DEVELOPMENT BLOCK GRANT 2011-12 ANNUAL ACTION PLAN AND CDBG BUDGET APPROVAL, AUTHORIZATION TO SUBMIT TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GRANT NO. B-05-MC-11-0561 IN THE AMOUNT OF $545,809 AND APPROVING SUBRECIPIENT AGREEMENTS: Dale Cook, Community Development Administrator, provided background information as outlined in the staff report dated March 16, 2011. Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council. MARK ANTON, AIDS Assistance Program, noted the components of the AIDS Assistance Program, and requested the City Council fund the programs with the CDBG Funding. City Council Minutes March 16, 2011 Page 3 LISA HOUSTON, Find Food Bank, noted the programs of Find Food Bank, and requested the City Council fund the programs with the CDBG Funding. JACK NEWBY, Mizell Senior Center, noted the programs of Mizell Senior Center, and requested the City Council fund the programs with the CDBG Funding. ALANNA REICHLE, Western Coachella Valley Police Activities League, noted the programs of Police Activities League, and requested the City Council fund the programs with the CDBG Funding. BRANDE ORR, Desert AIDS Project, noted the programs of Desert AIDS Project, and requested the City Council fund the programs with the CDBG Funding. No further speakers coming forward, the public hearing was closed. Councilmember Hutcheson thanked the Committee for their volunteer efforts and time spent. Councilmember Foat requested the request list provided to the City Council be more comprehensive with respect to the programs, and include a report of the uses and accomplishments of previous funding. ACTION: 1) Adopt Resolution No. 22881, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE 2011-12 COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET FOR FISCAL YEAR 2011-12, AUTHORIZING THE SUBMITTAL OF THE PLAN AND BUDGET TO THE UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD), AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE APPROVAL/AGREEMENT WITH HUD - GRANT NO. B- 05-MC-11-0561 IN THE AMOUNT OF $545,809 AND THE SUBRECIPIENT AGREEMENTS;" and 2) Approve the following Subrecipient Agreements and City Departments' Memoranda of Understanding in a form acceptable to the City Attorney. A5814. Mizell Senior Center Energy Conservation Improvements $110,000 A6071 City of Palm Springs Department of Public Works & Engineering Arnico Tract Sewer Improvements $180,951 A6072 City Council Minutes March 16, 2011 Page 4 Desert AIDS Project Energy-Efficiency Retrofitting $ 78,825 A6073 Food In Need of Distribution, Inc. Energy-Efficiency Facility Improvement $ 35,000 A6074 Desert Samaritans for the Elderly Targeted Low Income Senior Services $ 17,000 A6075 AIDS Assistance Program Home Bound Grocery Delivery Program $ 21,368 A6076 Shelter From The Storm Domestic Violence Outreach & Advocacy $ 15,000 A6077 Western Coachella Valley Police Activities League Partial Summer Scholarship Program $ 28,503 A6078 City of Palm Springs Department of Community & Economic Development Home Repair Program $ 35,000 A6079 Fair Housing Council of Riverside Fair Housing Services $ 15,000 A6080 Motion Councilmember Foat, seconded by Mayor Pro Tern Weigel and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Foat, Councilmember Hutcheson, Mayor Pro Tern Weigel, and Mayor Pougnet. NOES: None. ABSENT: Councilmember Mills. 1.13. DESIGNATE THE "FRANK SINATRA RESIDENCE" LOCATED AT 1145 EAST VIA COLUSA AS A CLASS 1 HISTORIC SITE APPLICATION BY TOM AND MARIANNE O'CONNELL (HSPB 77): Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated March 16, 2011. Mayor Pougnet opened the public hearing, and the following speaker addressed the City Council. ERIK ROSENOW, Palm Springs Preservation Foundation, requested the City Council support the nomination of the site as a Class 1 Historic Site, and noted the features that qualify the site for a Class 1 designation. City Council Minutes March 16, 2011 Page 5 No further speakers coming forward, the public hearing was closed. Councilmember Hutcheson stated he applauds the action and noted his appreciation to the owners for their support and application. Mayor Pro Tern Weigel stated his support for the designation, and expressed thanks for the owners coming forward and supporting the historic property designation. ACTION: Adopt Resolution No. 22882, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE PROPERTY LOCATED AT 1145 VIA COLUSA ("FRANK SINATRA RESIDENCE") AS A CLASS 1 HISTORIC SITE (HSPB 77)." Motion Councilmember Foat, seconded by Mayor Pro Tom Weigel and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Foat, Councilmember Hutcheson, Mayor Pro Tern Weigel, and Mayor Pougnet. NOES: None. ABSENT: Councilmember Mills. PUBLIC COMMENT: DONNA CHABAN, commented on programs to recycle building materials. VIC GAINER, commented on Item 5.D., Lawn Buyback Program, and requested the City Council implement and approve a turf buyback program. DAVID CARDEN, presented a check to the City in the amount of $2,000 on behalf on the Baristo Neighborhood Organization for traffic calming measures within the Baristo Neighborhood Organization. JIM STUART, commented on the positive impact of Redevelopment and RDA Funds in the City of Palm Springs. RON MARSHALL, Palm Springs Preservation Foundation, commented on the plans for the Desert Fashion Plaza, commented on the destruction of the Town and Country Center, and requested the City Council reassess the current Wessman Development plan. RICK PANTELE, requested the City Council provide a medical cannabis license to CAPS. STEVE MITCHELL, requested the City Council provide a medical cannabis license to CAPS. City Council Minutes March 16, 2011 Page 6 SHARA LERMAN, explained the legal requirements to provide a medical cannabis license to CAPS. NICKIE MCLAUGHLIN, Palm Springs Modern Committee, commented on the destruction of the Town and Country Center, and requested the City Council reassess the current Wessman Development plan. JIM CAMPER, Desert Organic Solutions, commented on the process to open a medical cannabis collective. STEVE ROSENBERG, commented on the proposed redevelopment of the Downtown area, and the successful visioning process. COUNCILMEMBER COMMENTS: None, CITY MANAGER'S REPORT: None. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.G., 2.H., 2.1., 2.K., 2.N., 2.0., 2.P., and 2.Q. Motion Councilmember Hutcheson, seconded by Mayor Pro Tern Weigel and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Foat, Councilmember Hutcheson, Mayor Pro Tern Weigel, and Mayor Pougnet. NOES: None. ABSENT: Councilmember Mills. 2.A. REPORT ON POSTING OF THE AGENDA: ACTION: Receive and file Report on the Posting of the March 16, 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 2, 2011. Approved as part of the Consent Calendar. 2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 22883, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 02-19-11 BY WARRANTS NUMBERED 416493 THROUGH 416516 TOTALING $36,304.34, LIABILITY CHECKS NUMBERED 1047310 THROUGH 1047331 TOTALING $123,144.03, FIVE WIRE TRANSFERS FOR $45,837.17, AND THREE ELECTRONIC ACH DEBITS OF $981,524.81, IN THE AGGREGATE AMOUNT OF $1,186,810.35, DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution No. 22884, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 6 City Council Minutes March 16, 2011 Page 7 PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1047332 THROUGH 1047417 IN THE AGGREGATE AMOUNT OF $611,837.95, DRAWN ON BANK OF AMERICA;" and 3) Adopt Resolution No. 22885, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1047418 THROUGH 1047553 IN THE AGGREGATE AMOUNT OF $1,414,645.80, DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar, noting the abstention of Councilmember Foat on Warrant No. 1047513. 2.D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR FEBRUARY 2011: ACTION: Receive and file Staff Authorized Agreements and Purchase Orders covering the period February 1 through February 28, 2011. Approved as part of the Consent Calendar. 2.E. TREASURER'S INVESTMENT REPORT AS OF JANUARY 31, 2011: ACTION: Receive and file the Treasurer's Investment Report as of January 31, 2011. Approved as part of the Consent Calendar. 2.G. APPROVAL OF AN ENCROACHMENT LICENSE TO WINDPOWER PARTNERS 1993, LP, FOR PRIVATE HIGH VOLTAGE UNDERGROUND ELECTRIC LINES AND FIBER OPTIC COMMUNICATION LINES IN DIABLO ROAD, DILLON ROAD, 20TH AVENUE, AND GARNET AVENUE: ACTION: 1) Approve an Encroachment License with Windpower Partners 1993, LP, for operation and maintenance of private high voltage underground electric lines and fiber optic communication lines located in Diablo Road, Dillon Road, 20th Avenue, and Garnet Avenue; and 2) Authorize the City Manager to execute all necessary documents. A6081. Approved as part of the Consent Calendar. 2.H. ACQUISITION OF MOBILE RESTROOM TRAILER FOR EARTHQUAKE PREPAREDNESS: ACTION: 1) Approve the purchase of a Mobile Restroom Trailer as specified in Invitation for Bid No. 11-02, from Comforts of Home Services Inc., in the amount of $65,416.38, including CA sales tax, tire fees, and delivery; and 2) Authorize the City Manager, or his designee, to execute all necessary documents. Approved as part of the Consent Calendar. 2.1. OPPOSITION TO THE GOVERNOR'S FISCAL YEAR 2011-12 PROPOSAL TO ELIMINATE ENTERPRISE ZONES IN CALIFORNIA: ACTION: Adopt Resolution No. 22887, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OPPOSING THE GOVERNOR'S FISCAL YEAR 2011-12 PROPOSAL TO ELIMINATE City Council Minutes March 16, 2011 Page 8 ENTERPRISE ZONES IN CALIFORNIA." Approved as part of the Consent Calendar. 2.K. HERMOSA DRIVE AND ARABY DRIVE FUNCTIONAL CLASSIFICATION CHANGE: ACTION: Adopt Resolution No. 22888, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE SUBMITTAL OF A FUNCTIONAL CLASSIFICATION CHANGE FOR LOCAL STREETS AND ROADS TO THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION (HERMOSA DRIVE AND ARABY DRIVE)." Approved as part of the Consent Calendar. 2.N. SUPPORT THE MAYORS AGAINST ILLEGAL GUNS COALITION'S STATEMENT OF PRINCIPLES: ACTION: Adopt Resolution No. 22890, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN SUPPORT OF THE MAYORS AGAINST ILLEGAL GUNS' STATEMENT OF PRINCIPLES." Approved as part of the Consent Calendar. 2.0. AMENDMENT NO. 4 TO AGREEMENT NO. A5859 WITH MSW CONSULTANTS TO PROVIDE ADDITIONAL SOLID WASTE CONTRACT MANAGEMENT SERVICES IN THE AMOUNT OF $13,950: ACTION: 1) Approve Amendment No. 4 to Agreement No. A5859 with MSW Consultants for additional solid waste contract management services, in the amount of $13,950 through December 31, 2011, for a total agreement amount not to exceed $66,270; and 2) Authorize the City Manager to execute all necessary documents. A5859. Approved as part of the Consent Calendar. 2.P. AMEND THE FISCAL YEAR 2010-11 BUDGET FOR FUTURE LIBRARY PROJECTS: ACTION: Adopt Resolution No. 22891, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2010-11." Approved as part of the Consent Calendar. 2.Q. AMEND THE FISCAL YEAR 2010-11 BUDGET FOR DESIGN AND DEVELOPMENT OF MUSEUM MARKET PLAZA: ACTION: Adopt Resolution No. 22892, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2010-11." Approved as part of the Consent Calendar. City Council Minutes March 16, 2011 Page 9 EXCLUDED CONSENT CALENDAR: 2.F. SUMMARY VACATION OF AN OFFER OF DEDICATION OF RIGHT-OF-WAY FOR PALM HILLS DRIVE (FILE R 04-15): ACTION: Adopt Resolution No. 22886, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUMMARILY VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN AN OFFER OF DEDICATION OF RIGHT-OF-WAY FOR PALM HILLS DRIVE, IN SECTION 29, TOWNSHIP 4 SOUTH, RANGE 5 EAST (FILE R 04-15)." Motion Councilmember Hutcheson, seconded by Mayor Pro Tern Weigel and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Foat, Councilmember Hutcheson, Mayor Pro Tern Weigel, and Mayor Pougnet. NOES: None. ABSENT: Councilmember Mills. 2.J. NOTICE TO PROCEED FOR VEOLIA WEST OPERATING SERVICES, INC., FOR THE CONSTRUCTION PHASE OF THE ELECTRICAL SYSTEM UPGRADE (CP 09-03): Mayor Pro Tern Weigel requested the construction have available conduit for solar energy should solar energy become available in the future. ACTION: Authorize the Director of Public Works/City Engineer to issue a Notice to Proceed for Veolia West Operating Services, Inc., in the amount of $4,365,513, for the construction phase of the Wastewater Treatment Plant Electrical System Upgrade inclusive of a pre-approved 10% construction contingency (CP 09-03). Motion Mayor Pro Tern Weigel, seconded by Councilmember Foat and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Foat, Councilmember Hutcheson, Mayor Pro Tern Weigel, and Mayor Pougnet. NOES: None. ABSENT: Councilmember Mills. 2.L. PROPOSED RESOLUTION IN SUPPORT OF SB 138 THE CALIFORNIA DESERT PROTECTION ACT OF 2011: Mayor Pro Tern Weigel requested staff address the text and context of SB 138. ACTION: Adopt Resolution No. 22889, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUPPORTING SB 138 THE CALIFORNIA DESERT PROTECTION ACT OF 2011, CALLING FOR THE PROTECTION OF WILDERNESS, WILD AND SCENIC RIVERS, City Council Minutes March 16, 2011 Page 10 NATIONAL MONUMENTS, AND NATIONAL PARKS AND PRESERVE ADDITIONS IN THE CALIFORNIA DESERT,"amending the resolution to include support of SB 138. Motion Councilmember Hutcheson, seconded by Councilmember Foat and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Foat, Councilmember Hutcheson, Mayor Pro Tern Weigel, and Mayor Pougnet. NOES: None. ABSENT: Councilmember Mills. 2.M. ASSIGN SUBDIVISION IMPROVEMENT AGREEMENT NO. A4743 TO LAS PALMAS HEIGHTS HOMEOWNERS ASSOCIATION (TRACT 27680): Councilmember Foat requested staff clarify any relationship of this Item to the previously proposed development. ACTION: 1) Approve the assignment agreement to Subdivision Improvement Agreement No. A4743 to Las Palmas Heights Homeowners Association (Tract 27680); and 2) Authorize the City Manager to execute all necessary documents. A4743. Motion Councilmember Hutcheson, seconded by Mayor Pougnet and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Foat, Councilmember Hutcheson, Mayor Pro Tern Weigel, and Mayor Pougnet. NOES: None. ABSENT: Councilmember Mills. 3. LEGISLATIVE: 3.A. PROPOSED ORDINANCE PROHIBITING MOBILE VENDING WITHIN 500 FEET OF SCHOOLS: City Attorney Holland provided background information as outlined in the staff report dated March 16, 2011. The City Council discussed and/or commented on the various input received by school officials, and the exemption for non-profit vending. ACTION: 1) Waive reading of the full text of the Ordinance, and introduce by title only; and 2) Introduce for first reading 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;" amending the Ordinance by deleting Subsection 4 of Section 6.08.140(c). Motion Councilmember Hutcheson, seconded by Mayor Pro Tom Weigel and unanimously carried 4-0 on a roll call vote. 10 City Council Minutes March 16, 2011 Page 11 AYES: Councilmember Foat, Councilmember Hutcheson, Mayor Pro Tern Weigel, and Mayor Pougnet. NOES: None. ABSENT: Councilmember Mills. 3.13. PROPOSED ORDINANCE AMENDING THE EXISTING HOTEL INCENTIVE PROGRAM FOR A FIRST CLASS NEW HOTEL TO RECEIVE SEVENTY FIVE PERCENT OF THE ADJUSTED TAX RATE: Tom Wilson, Assistant City Manager, provided background information as outlined in the staff report dated March 16, 2011. ACTION: 1) Waive reading of the full text of the Ordinance, and introduce by title only; and 2) Introduce for first reading 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;" amending Section 2 of the Ordinance to provide the Ordinance takes effect 30 days after adoption. Motion Councilmember Foat, seconded by Mayor Pougnet and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Foat, Councilmember Hutcheson, Mayor Pro Tern Weigel, and Mayor Pougnet. NOES: None. ABSENT: Councilmember Mills. 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: 5.A. RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) FOR FRESH AND EASY NEIGHBORHOOD MARKET, INC., TO SELL BEER, WINE AND DISTILLED SPIRITS FOR CONSUMPTION OFF PREMISES (TYPE 21 ALCOHOL LICENSE) AT THE EXISTING NEIGHBORHOOD MARKET LOCATED AT 102 SOUTH SUNRISE WAY: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated March 16, 2011, ACTION: Adopt Resolution No. 22893, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER, WINE AND DISTILLED SPIRITS FOR OFF SITE CONSUMPTION (TYPE 21 ALCOHOL LICENSE) AT A NEIGHBORHOOD MARKET STORE LOCATED AT 102 SOUTH SUNRISE WAY." Motion Mayor Pro Tern Weigel, seconded by City Council Minutes March 16, 2011 Page 12 Councilmember Hutcheson and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Foat, Councilmember Hutcheson, Mayor Pro Tern Weigel, and Mayor Pougnet. NOES: None. ABSENT: Councilmember Mills. 5.13. REMODEL INCENTIVE AGREEMENT WITH VENCE VENTURES, LLC FOR 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 March 16, 2011. ACTION: Adopt Resolution No. 22894, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE APPROVAL OF A REMODEL INCENTIVE AGREEMENT WITH VENCE VENTURES, LLC , IN THE AMOUNT OF $100,000 FOR THE REDEVELOPMENT OF A PROPERTY AT 200 SOUTH PALM CANYON DRIVE, KNOWN AS THE LULU CALIFORNIA BISTRO." A6082. Motion Mayor Pro Tern Weigel, seconded by Mayor Pougnet and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Foat, Councilmember Hutcheson, Mayor Pro Tern Weigel, and Mayor Pougnet, NOES: None. ABSENT: Councilmember Mills. 5.C. COMMUNITY REDEVELOPMENT AGENCY SUPPORT AND FINANCIAL COMMITMENT FOR LOW INCOME HOUSING TAX CREDIT APPLICATION FOR ACQUISITION AND REHABILITATION OF A 23-UNIT APARTMENT PROJECT AT 1433 AND 1455 NORTH INDIAN CANYON DRIVE, MERGED PROJECT AREA NO. 1: John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated March 16, 2011. ACTION: 1) Adopt Resolution No. 1415, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUPPORTING AN APPLICATION BY GLOBAL PREMIER DEVELOPMENT, INC. TO THE CALIFORNIA TAX CREDIT ALLOCATION COMMITTEE FOR 9% LOW INCOME HOUSING TAX CREDIT PROJECT FINANCING FOR THE ACQUISITION AND REHABILITATION OF A 23-UNIT LOW-INCOME SENIOR APARTMENT PROJECT LOCATED AT 1433 & 1455 NORTH INDIAN CANYON DRIVE 1 City Council Minutes March 16, 2011 Page 13 IN MERGED PROJECT AREA NO. 1, INCLUDING AGENCY FINANCIAL PARTICIPATION NOT TO EXCEED $1,500,000 IN GAP FINANCING, AND TO DIRECT STAFF TO DRAFT AN OWNER PARTICIPATION AGREEMENT ("OPA");" and 2) Authorize the Executive Director to execute all necessary documents. Motion Councilmember Hutcheson, seconded by Mayor Pro Tern Weigel and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Foat, Councilmember Hutcheson, Mayor Pro Tern Weigel, and Mayor Pougnet. NOES: None. ABSENT: Councilmember Mills. 5.D. LAWN BUYBACK PROGRAM DISCUSSION: Mayor Pougnet led the discussion and provided information on the proposed Lawn Buyback Program. Councilmember Hutcheson requested further information on the Sustainability Fund, and noted the program would not be funded by the City's General Fund. Mayor Pro Tern Weigel stated he liked the concepts of the program, but would request additional information on the benefits and the amount of potential savings. Councilmember Foat stated her support for these types of programs and would like the City to move quickly to include individual homes, and requested the City Council Subcommittee meet with the Desert Water Agency to participate in the program. Councilmember Hutcheson stated he is very positive about this program, and thanked the Commission for bringing such proposals to the City Council. ACTION: Direct staff to bring forth a lawn buyback program, including HOA and individual homeowner components. By consensus of the City Council. S.E. JOINT ITEM OF THE CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY APPROVAL AND EXECUTION OF CONSOLIDATED AMENDED AND RESTATED PROMISSORY NOTE: Suzanne Harrell, Financial and Redevelopment Consultant, provided background information as outlined in the staff report dated March 16, 2011. 13 City Council Minutes March 16, 2011 Page 14 ACTION: [City] 1) Adopt Resolution No. 22895, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING EXECUTION OF A CONSOLIDATED AMENDED AND RESTATED PROMISSORY NOTE WITH THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS;" and [Agency] 2) Adopt Resolution No. 1416, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING EXECUTION OF A CONSOLIDATED AMENDED AND RESTATED PROMISSORY NOTE WITH THE CITY OF PALM SPRINGS." Motion Councilmember Foat, seconded by Councilmember Hutcheson. AYES: Councilmember Foat, Councilmember Hutcheson, Mayor Pro Tern Weigel, and Mayor Pougnet. NOES: None. ABSENT: Councilmember Mills. 5.F. JOINT ITEM OF THE CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY TRANSFERRING CERTAIN REAL PROPERTY FROM THE COMMUNITY REDEVELOPMENT AGENCY TO THE CITY OF PALM SPRINGS PURSUANT TO SECTION 33430 AND SECTION 33432 OF THE CALIFORNIA HEALTH AND SAFETY CODE: Suzanne Harrell, Financial and Redevelopment Consultant, provided background information as outlined in the staff report dated March 16, 2011. ACTION: [Agency] 1) Adopt Resolution No. 1417, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE EXECUTIVE DIRECTOR TO TRANSFER CERTAIN PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY PROPERTY TO THE CITY OF PALM SPRINGS PURSUANT TO SECTION 33430 AND SECTION 33432 OF THE CALIFORNIA HEALTH AND SAFETY CODE;" and [City Council] 2) Adopt Resolution No. 22896, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ACCEPT THE TRANSFER OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY PROPERTY TO THE CITY OF PALM SPRINGS PURSUANT TO SECTION 33430 AND SECTION 33432 OF THE CALIFORNIA HEALTH AND SAFETY CODE." Motion Councilmember Foat, seconded by Councilmember Hutcheson and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Foat, Councilmember Hutcheson, Mayor Pro Tern Weigel, and Mayor Pougnet. NOES: None. ABSENT: Councilmember Mills. 14 City Council Minutes March 16, 2011 Page 15 5.G. APPOINTMENT TO THE VILLAGEFEST BOARD: ACTION: Appoint John Fleming to the VillageFest Board to fill a vacancy for the unexpired term ending June 30, 2013. Motion Mayor Pro Tern Weigel, seconded by Councilmember Foat and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Foat, Councilmember Hutcheson, Mayor Pro Tern Weigel, and Mayor Pougnet. NOES: None. ABSENT: Councilmember Mills. COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: Councilmember Foat requested an Item be placed on the next agenda regarding a request received by the American Red Cross and other groups. Mayor Pro Tern Weigel commented on upcoming ramp closures on Interstate 10 for the Interchange Construction Project, requested staff issue a press release, place the information on PSCTV, and the City's website. Councilmember Hutcheson requested the City Manager review the suggestions during public comment of Donna Chaban to create a facility for disposal and recycling of building materials. Mayor Pougnet requested the City send out an arborist to address the dying trees in Sunrise Park, and address the issues at the skate park. ADJOURNMENT: The City Council adjourned in memory of the Japan earthquake victims, at 8:45 p.m. to the next regular meeting, Wednesday, April 6, 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 6TH DAY OF APRIL, 2011. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK