HomeMy WebLinkAbout2/16/2011 - STAFF REPORTS - 2B CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
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MINUTES
WEDNESDAY, FEBRUARY 2, 2011
Council Chamber
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:13 p.m.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge.
INVOCATION: Rev. Duane Cox, Retired Religious Science Minister, led the Invocation.
ROLL CALL:
PRESENT: Councilmember Foat, Councilmember Hutcheson, Councilmember
Mills, Mayor Pro Tern Weigel, and Mayor Pougnet.
ABSENT: None.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS:
Mayor Pougnet and the City Council proclaimed February, 2011, as Black History
Month in the City of Palm Springs.
Fire Chief Ventura provided an update on the recent evacuation of the property located
at 140 Via Lola, and the placement of residents.
Mayor Pougnet announced the upcoming Community Visioning Workshops, the 2011
State of the City Address, the grand opening of Grind, and the upcoming Art Show.
Mayor Pro Tern Weigel announced the grand opening of Rio Azul and the ribbon cutting
event.
Councilmember Foat announced adoption of cats at the Palm Springs Animal Shelter,
the Swank Interiors' fundraiser for the Animal Shelter in the amount of $4,000, and the
presentation of a $5,000 check from Jensen's for the Palm Springs Lobster Fest
contribution to the Animal Shelter
Tom Nolan, Executive. Director, Palm Springs International Airport, announced the new
air service of West Jet between Toronto, Canada and the City of Palm Springs, and
provided an update on the New Control Tower.
Mary Jo Ginther, Palm Springs Bureau of Tourism, announced the upcoming Downtown
Palm Springs "App" service and availability.
ITEM NO. al-
City Council Minutes
February 2, 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 one item to the Closed Session Agenda pursuant to Cal.
Gov. Code Section 54956.8 Conference with property negotiator, and stated the City
received information on February 1, 2011, after the posting of the agenda, and there is
an immediate need to hear and/or take action on the item.
ACTION: 1) Find 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 pursuant to G.C. Section 54956.8 Conference with
Real Property Negotiator for the Community Redevelopment Agency, David Ready,
Community Redevelopment Agency Executive Director, Prairie Schooner Parcel,
Andreas Road, APN's 508-055-007, 508-055-008, 508-055-009, Price and Terms of
Payment for the sale, Negotiating with Rich Meaney, Nexus Development Corporation.
Motion Mayor Pro Tern Weigel, seconded by Councilmember Foat and
unanimously carried (4-0) noting the absence of Councilmember Mills.
City Attorney Holland reported the City Council recessed into Closed Session to discuss
items on the Closed Session Agenda, and reportable actions were taken.
ACCEPTANCE OF THE AGENDA:
City Attorney Holland requested the City Council add a New Business Item to the
Agenda titled "APPROVE AN ESTOPPEL CERTIFICATE FOR HH PALM SPRINGS
LLC. FOR THE PROPERTY SUBLET BY THE CITY OF PALM SPRINGS LOCATED
AT 888 EAST TAHQUITZ CANYON WAY," and stated information regarding this Item
was brought to the attention of the City after the posting of the Agenda.
ACTION: 1) Make the finding that the Item came to the attention of the City after the
posting of the Agenda and there is an immediate need to hear and/or take action on the
Item; and 2) Add to the Agenda as Item S.C. the Item titled "APPROVE AN ESTOPPEL
CERTIFICATE FOR HH PALM SPRINGS LLC. FOR THE PROPERTY SUBLET BY
THE CITY OF PALM SPRINGS LOCATED AT 888 EAST TAHQUITZ CANYON WAY."
Motion Councilmember Mills, seconded by Councilmember Hutcheson and
unanimously carried on a roll call vote.
Councilmember Foat requested Item 2.M. be removed from the Consent Calendar for
separate discussion.
Councilmember Hutcheson requested Item 2.1. be removed from the Consent Calendar
for separate discussion.
Councilmember Mills noted his abstention on Item 2.13. the Minutes of January 18,
2011, noted his business related abstention on Item 2.G. Tract Maps 33561 and 33933,
City Council Minutes
February 2, 2011
Page 3
and requested Item 2.E. be removed from the Consent Calendar for separate
discussion.
ACTION: Approve the Agenda as amended. Motion Councilmember Hutcheson,
seconded by Councilmember Mills and unanimously carried on a roll call vote.
1. PUBLIC HEARINGS:
Councilmember Hutcheson stated he was a member of the Board of Directors for
the Applicant in Item 1.A., would not participate in the discussion or the vote, and
left Council Chamber.
Councilmember Mills stated he has a business related conflict of interest with
respect to Item 1.A., would not participate in the discussion or the vote and left
Council Chamber.
1.A. DESERT SUN CENTER, LLC APPLICATION FOR A TYPE II
CONDITIONAL USE PERMIT FOR THE OPERATION OF A FOOD
BANK AND DISTRIBUTION FACILITY TO THE ECONOMICALLY
DISADVANTAGED/DISABLED SENIOR CITIZENS AT 610 SOUTH
BELARDO ROAD (CASE 5.1255):
Craig Ewing, Director of Planning Services, provided background
information as outlined in the Staff Report dated February 2, 2011.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
RANDY LOWE, Applicant, commented on the programs provided by the
Center, and requested the City Council approve the Conditional Use
Permit for the distribution of groceries.
DAVID KIMBALL, Applicant, commented on the operation of the grocery
distribution program, and the rules and regulations to qualify for the
regulations, and requested the City Council approve the Conditional Use
Permit.
No further speakers coming forward, the public hearing was closed.
Councilmember Foat commented on the meeting between the Rainbow
Center and the Neighborhood Organization.
Mayor Pro Tern Weigel stated the program is very worthwhile, and
requested staff clarify Condition No. 3 regarding staff approval of minor
deviations, and requested the City Council consider a condition to prohibit
meals being consumed as part of the program.
City Council Minutes
February 2, 2011
Page 4
ACTION: Adopt Resolution No. 22862, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A TYPE II CONDITIONAL USE PERMIT FOR GOLDEN
RAINBOW CENTER TO ALLOW THE OPERATION OF A FOOD BANK
AND FOOD DISTRIBUTION FACILITY TO ECONOMICALLY
DISADVANTAGED/DISABLED SENIOR CITIZENS AT 610 SOUTH
BELARDO ROAD (CASE NO. 5.1255 CUP)," adding a Condition of
Approval to read "No meals may be consumed on the premises applicable
to the Food Distribution Program." Motion Councilmember Foat,
seconded by Mayor Pougnet and unanimously carried 3-0 on a roll
call vote.
AYES: Councilmember Foat, Mayor Pro Tern Weigel, and
Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Hutcheson and Councilmember Mills,
Councilmember Hutcheson and Councilmember Mills returned to the dais.
PUBLIC COMMENT:
JEFF HOCKER, Palm Springs, announced the upcoming USA World Cup 2011 events
in Palm Springs and the Coachella Valley.
RICK PANTELE, requested the City Council consider providing a medical cannabis
license to CAPS.
ROBERT ANZOVINO, commented on a constitutional amendment, and his false arrest
by the Palm Springs Police Department.
RICHARD NOBLE, commented on adding gender identity to the 1964 Civil Rights Act,
and the recent events in Warm Sands.
KURT BARRIE, stated there are new complaints regarding police activities in the Warm
Sands.
KEVIN BOND, commented on recent Police Department activities in the Warm Sands
area and the Police Department actions toward a crime committed against him.
DAVID POWERS, Palm Springs, commented on Police Department activities in the
Warm Sands area.
COUNCILMEMBER COMMENTS:
Councilmember Hutcheson requested the City Manager review concerns with staff at
Raymond Cree School and vendors outside the school and the preparation of an
Ordinance.
City Council Minutes
February 2, 2011
Page 5
Councilmember Foat commented on the medical cannabis facility that remains closed,
and requested the City Council and/or staff consider placing this matter on an upcoming
agenda.
Mayor Pougnet commented on the recent MainStreet meeting that addressed Desert
Fashion Plaza.
CITY MANAGER'S REPORT: None.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.F., 2.G., 2.H., 2.J., 2.K., 2.L.,
and 2.N. Motion Councilmember Foat, seconded by Mayor Pro Tern Weigel
and unanimously carried on a roll call vote.
2.A. REPORT ON POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the February 2, 2011,
City Council Agenda. Approved as part of the Consent Calendar.
2.113. APPROVAL OF MINUTES:
ACTION: 1) Approve the City Council/Community Redevelopment Agency
Special Meeting Minutes of January 18, 2011; and 2) Approve the City
Council/Community Redevelopment Agency Regular Meeting Minutes of
January 19, 2011. Approved as part of the Consent Calendar, noting
the abstention of Councilmember Mills on the Minutes of January 18,
2011.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 22863, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1046490 THROUGH 1046685 IN THE AGGREGATE
AMOUNT OF $1,566,331.80, DRAWN ON BANK OF AMERICA;" 2) Adopt
Resolution No. 22864, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF PAYROLL WARRANTS FOR THE PERIOD ENDED 01-08-11 BY
WARRANTS NUMBERED 416341 THROUGH 416437 TOTALING
$47,200.01, LIABILITY CHECKS NUMBERED 1046686 THROUGH
1046707 TOTALING $125,255.09, FIVE WIRE TRANSFERS FOR
$58,626.48, AND THREE ELECTRONIC ACH DEBITS OF $1,103,408.51,
IN THE AGGREGATE AMOUNT OF $1,334,490.09, DRAWN ON BANK
OF AMERICA;" and 3) Adopt Resolution No. 22865, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1046708 THROUGH 1046820 IN THE AGGREGATE
AMOUNT OF $710,232.92, DRAWN ON BANK OF AMERICA."
Approved as part of the Consent Calendar.
City Council Minutes
February 2, 2011
Page 6
2.11). STAFF AUTHORIZED AGREEMENTS FOR OCTOBER, NOVEMBER,
AND DECEMBER 2010:
ACTION: Receive and file Staff Authorized Agreements covering the
period October 1, 2010, through December 31, 2010. Approved as part
of the Consent Calendar.
2.F. AGREEMENT WITH PALM SPRINGS PIRANHAS SWIM TEAM TO USE
THE SWIM CENTER:
ACTION: 1) Approve an agreement with the Palm Springs Piranhas Swim
Team for a period of five (5) years with two (2) one-year extensions; and
2) Authorize the City Manager to execute all necessary documents.
A6060. Approved as part of the Consent Calendar.
2.G. APPROVAL OF TIME EXTENSIONS OF SUBDIVISION IMPROVEMENT
AGREEMENTS FOR VARIOUS PROJECTS:
ACTION: Adopt Resolution No. 22867, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING TIME EXTENSIONS OF VARIOUS SUBDIVISION
IMPROVEMENT AGREEMENTS."
A4743. Tract Map 27680 "Las Palmas Heights"
A4955. Tract Map 30050 "Alta"
A5100. Tract Map 31263, "The Towers"
A5915. Parcel Map 31968, "The Springs"
A5105, Tract Map 32160 "Enclave"
A5131. Tract Map 30046 "Monte Sereno"
A5086. Tract Map 32233-1 "Escena"
A5087. Tract Map 32233-2 "Escena"
A5088. Tract Map 32233-3 "Escena"
A5089. Tract Map 32233-4 "Escena"
A5276. Tract Map 32675 "Alexander Country Club Estates"
A5246. Tract Map 33561 "Palermo"
A5516. Tract Map 33162 "Pedregal"
A5080. Tract Map 30058 "Four Seasons II"
A5393, Tract Map 31848-1 "Avalon"
A5426. Tract Map 32732 "Oceo"
A5324. Tract Map 33933 "Murano"
A5496. Tract Map 34933 "Cocotero"
A4814. Tract Map 28966 "Preserve Estates"
A5155. Tract Map 31514 "Luminaire"
A5439. Tract Map 31525 "Four Seasons III
A5872. Tract Map 35999 "Prescott Place"
A5436. Tract Map 33161 "Vista San Jacinto"
A5291. Tract Map 33542 "Tangerine"
Approved as part of the Consent Calendar, noting the abstention of
Councilmember Mills on Maps No. 33561 and 33933.
City Council Minutes
February 2, 2011
Page 7
2.1-1. MILLS ACT AGREEMENT WITH MARK HILBERT FOR THE
DEBRABANT HOUSE, A HISTORIC SITE, LOCATED AT 982 AVENIDA
PALMAS-
ACTION. 1) Approve a Mills Act Agreement with Mark Hilbert for property
located at 982 Avenida Palmas; and 2) Authorize the City Manager to
execute all necessary documents. A6061. Approved as part of the
Consent Calendar.
2.J. MODIFICATIONS TO THE SWIM CENTER FEES AND AMENDMENTS
TO THE COMPREHENSIVE FEE SCHEDULE:
ACTION: Adopt Resolution No. 22868, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
INCREASING THE SWIM CENTER FEES AND AMENDING THE
COMPREHENSIVE FEE SCHEDULE ADOPTED BY RESOLUTION NO.
21578." Approved as part of the Consent Calendar.
2.K. ACCEPT THE RESIGNATION OF KERRY HENDRIX FROM THE
SUSTAINABILITY COMMISSION:
ACTION: 1) Accept with regret the resignation of Kerry Hendrix from the
Sustainability Commission; and 2) Direct the City Clerk to post a Notice of
Vacancy for the unexpired term ending June 30, 2013. Approved as part
of the Consent Calendar.
21. AMEND THE FISCAL YEAR 2010-11 BUDGET FOR INCREASED
UNEMPLOYMENT INSURANCE PREMIUMS:
ACTION: Adopt Resolution No. 22869, "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.N. ACCEPT THE RESIGNATION OF WILLIAM P. SCOTT FROM THE
PLANNING COMMISSION:
ACTION: 1) Accept with regret the resignation of William P. Scott from the
Planning 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.
EXCLUDED CONSENT CALENDAR:
2.E. AMEND REGULATIONS FOR RESIDENT DISCOUNT CARDS:
Councilmember Mills requested staff address proof of residence requirements
and suggested the City Council consider adding a lease or a utility bill to the list
of documents.
ACTION: Adopt Resolution No. 22866, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
7
City Council Minutes
February 2, 2011
Page 8
REGULATIONS FOR RESIDENT DISCOUNT CARDS ADOPTED BY
RESOLUTION NO. 19146," amended by adding a No. 4 to Section 2 of the
Resolution to read "Lease, Utility Bill or other documents demonstrating bona fide
residency in the City of Palm Springs." Motion Councilmember Foat, seconded
by Mayor Pro Tom Weigel and unanimously carried on a roll call vote.
2.1. CHANGE ORDER NO. 1 TO AGREEMENT NO. A6030 WITH G & M
CONSTRUCTION FOR THE INSTALLATION OF LANDSCAPING AND
LIGHTING FOR THE SCULPTURE "RED ECHO" LOCATED AT THE
NORTHEAST CORNER OF GENE AUTRY TRAIL AND RAMON ROAD IN THE
AMOUNT OF $2,982:
Councilmember Hutcheson commented on the funding, and indicated funding for
public art is not the City's general fund.
ACTION: 1) Approve Change Order No. 1 to Agreement No. A6030 with G & M
Construction in the amount of $2,982 for a revised contract amount of
$27,482.52 for the installation of landscaping and lighting for the sculpture "Red
Echo" at the northeast corner of Gene Autry Trail and Ramon Road; and 2)
Authorize the City Manager to execute all necessary documents. A6030. Motion
Councilmember Hutcheson, seconded by Councilmember Foat and
unanimously carried on a roll call vote.
2.M. OPPOSITION TO GOVERNOR BROWN'S PROPOSAL TO ABOLISH
REDEVELOPMENT AGENCIES IN THE STATE OF CALIFORNIA:
ACTION: Adopt Resolution No. 22870, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IN OPPOSITION
TO GOVERNOR BROWN'S PROPOSAL TO ABOLISH REDEVELOPMENT
AGENCIES IN THE STATE OF CALIFORNIA." Motion Councilmember Foat,
seconded by Councilmember Mills and unanimously carried on a roll call
vote.
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS:
4.A. SECOND QUARTER FISCAL YEAR 2010-11 BUDGET UPDATE:
Jeff Kiehl, Director of Finance, provided a Power Point presentation on the
Second Quarter Fiscal Year 2010-11 Revenue and Expenditures.
No action taken.
5. NEW BUSINESS:
Councilmember Foat stated one of her tenants may apply for a grant and may
have a conflict of interest, would not participate in the discussion or the vote, and
left Council Chamber.
City Council Minutes
February 2, 2011
Page 9
5.A. GREEN FACADE IMPROVEMENT PROGRAM (GFIP) GUIDELINES
AND WAIVER OF FEES ASSOCIATED WITH MINOR
ARCHITECTURAL APPLICATION, SIGN PERMITS, AND HISTORIC
SITE PRESERVATION BOARD REVIEW FOR GFIP PARTICIPANTS:
Michele Mician, Sustainability Manager, provided background information
as outlined in the staff report dated February 2, 2011.
Mayor Pougnet requested staff address the funds committee to the current
facade improvement program.
Councilmember Mills stated he is in support of the program City Wide, and
requested the City Council consider the addition of shades, window tinting,
and overhangs.
ACTION: 1) Adopt Resolution No. 22871, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING THE GREEN FACADE IMPROVEMENT PROGRAM;" and
2) Adopt Resolution No. 22872, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, WAIVING
FEES ASSOCIATED WITH MINOR ARCHITECTURAL APPLICATION,
SIGN PERMITS, AND HISTORIC SITE PRESERVATION BOARD
(HSPB) REVIEW FOR BUSINESSES OR PROPERTY OWNERS
PARTICIPATING IN THE GREEN FACADE IMPROVEMENT
PROGRAM." Motion Mayor Pro Tern Weigel, seconded by
Councilmember Hutcheson and unanimously carried (4-0) on a roll
call vote.
AYES: Councilmember Hutcheson, Councilmember Mills, Mayor
Pro Tern Weigel, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Foat.
Councilmember Foat returned by the dais.
5.B. AWARD OF CONTRACT FOR THE 2010-11 ANNUAL ASPHALT
OVERLAY PROJECT TO HARDY & HARPER, INC. IN THE AMOUNT
OF $1,345,000 (CP 10-08):
David Barakian, City Engineer, provided background information as
outlined in the staff report dated February 2, 2011.
ACTION: 1) Approve an agreement with Hardy & Harper, Inc., for the
2010-11 Annual Overlay Project in the amount of $1,345,000 (CP 10-08);
and 2) Authorize the City Manager to execute all necessary documents.
A6062. Motion Mayor Pro Tern Weigel, seconded by Councilmember
Hutcheson and unanimously carried on a roll call vote.
City Council Minutes
February 2, 2011
Page 10
S.C. ITEM ADDED TO THE AGENDA TO APPROVE AN ESTOPPEL
CERTIFICATE FOR HH PALM SPRINGS LLC. FOR THE PROPERTY
SUBLET BY THE CITY OF PALM SPRINGS LOCATED AT 888 EAST
TAHQUITZ CANYON WAY:
City Attorney Holland provided background information on the lease and
the requirement under the sublease to issue an Estoppel Certificate if
requested.
ACTION: 1) Approve the issuance of an Estoppel Certificate; and 2)
Authorize the City Manager to execute the Estoppel Certificate. A2738.
A5690. Motion Councilmember Foat, seconded by Councilmember
Mills and unanimously carried on a roll call vote.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Hutcheson requested the City Manager review the palm tree trimming
policy around the Swimming Pool.
Councilmember Foat requested the City Manager review dog park maintenance, and
requested staff review the small hotel renovation program.
ADJOURNMENT: The City Council adjourned at 8:07 p.m. to an adjourned meeting for
a Closed Session on Wednesday February 9, 2011, 4:30 P.M., prior to the Community
Visioning Session, Palm Springs Convention Center, Primrose Room, 277 North
Avenida Caballeros, Palm Springs.
The next regular meeting of the City Council will be held on Wednesday, February 16,
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
161h DAY OF FEBRUARY, 2011.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK