HomeMy WebLinkAbout2010-09-22 CC MINUTES CITY COUNCIL
COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
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MINUTES
WEDNESDAY, SEPTEMBER 22, 2010
Council Chamber
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:07 p.m.
PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard, led the
Pledge.
INVOCATION: Pastor David Sanger, Our Savior's Community Church, led the
Invocation.
ROLL CALL:
PRESENT: Councilmember Foat, Councilmember Mills, Councilmember
Weigel, Mayor Pro Tem Hutcheson, and Mayor Pougnet.
ABSENT: None.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS:
Mayor Pougnet provided an update on the Project Running Event, Veterans Day
Parade, and the Festival of Lights Parade.
The Registrar of Voters Office provided an update on the upcoming November 2, 2010,
General Election.
Southern California Edison Representatives announced the SCE Direct Install program.
REPORT OF CLOSED SESSION: City Attorney Holland reported that the meeting was
called to order at 4:00 p.m., and the City Council recessed into Closed Session to
discuss Items on the posted Closed Session Agenda. No reportable actions were taken.
ACCEPTANCE OF THE AGENDA:
Councilmember Foat requested Items 2.E., 2.F., and 21 be removed from the Consent
Calendar for separate discussion.
Councilmember Mills noted his business related abstention on Item 2.C. Warrant Nos.
1044158, 1044181, and 1044188 through 1044190.
City Council Minutes
September 22, 2010
Page 2
ACTION: Accept the Agenda as amended. Motion Councilmember Foat, seconded
by Councilmember Mills and unanimously carried on a roll call vote.
1. PUBLIC HEARINGS:
1.A. PROPOSED ESTABLISHMENT OF A CONTRACTUAL ASSESSMENT
PROGRAM TO FINANCE DISTRIBUTED GENERATION RENEWABLE
ENERGY SOURCES AND ENERGY AND WATER EFFICIENCY
IMPROVEMENTS:
Michele Mician, Sustainability Manager, provided background information
as outlined in the Staff Report dated September 22, 2010.
Mayor Pougnet opened the public hearing, and no speakers coming
forward the public hearing was closed.
The City Council discussed and/or commented on the following with
respect to the program: the program would be available to long term
lessees, the voluntary nature of the program and the assessments, the
benefits to the City with respect to sustainability, the process and the
development of guidelines for a home owner on leased land, the
applicability to condominiums and commercial property, requested staff
development guidelines for leased land, and requested staff work with
Bureau of Indian Affairs up front to assist with owners on leased land.
ACTION: 1) Adopt Resolution No. 22803, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING THE FORMATION OF AN ASSESSMENT DISTRICT TO
FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY
SOURCES AND ENERGY AND WATER EFFICIENCY IMPROVEMENTS
FOR PROPERTY WITHIN THE CITY PURSUANT TO CHAPTER 29 OF
PART 3 OF DIVISION 7 OF THE CALIFORNIA STREETS AND
HIGHWAYS CODE; CONFIRMING THE BOUNDARIES OF THE
ASSESSMENT DISTRICT AND THE LEVY OF CONTRACTUAL
ASSESSMENTS; AUTHORIZING PARTICIPATION IN THE PACIFIC
HOUSING & FINANCE AGENCY'S PROPERTY ASSESSED CLEAN
ENERGY AND WATER EFFICIENCY PROGRAM; AND TAKING
CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH;" and 2)
Direct staff to develop guidelines for leased land properties, and to work
with the Bureau of Indian Affairs up front regarding the approval process.
Motion Councilmember Foat, seconded by Mayor Pro Tern
Hutcheson and unanimously carried on a roll call vote.
1.13. PROPOSED AMENDMENT TO AN EXISTING CLASS 1 HISTORIC
DESIGNATION FOR PALM SPRINGS CITY HALL TO INCLUDE SITE
City Council Minutes
September 22, 2010
Page 3
PARKING AND LANDSCAPE AREAS, LOCATED AT 3200 EAST
TAHQUITZ CANYON WAY, A CLASS 1 HISTORIC SITE (HSPB 33):
ACTION: 1) Continue the Public Hearing with no public testimony; and 2)
Direct the City Clerk to re-notice the public hearing. Motion
Councilmember Mills, seconded by Councilmember Weigel and
unanimously carried on a roll call vote.
PUBLIC COMMENT:
ED TORRES, requested the City Council approve Item 2.1., and an agreement with the
Desert Valleys Builders Association for directional real estate signs.
GENE DOW, Palm Springs, announced the upcoming Virginia Waring International
Piano Competition.
RICHARD NOBLE, requested the City Council adopt a Resolution on the recent "Don't
Ask, Don't Tell" court decision, and suggested the City Council create a sign program
for the Warm Sands area.
DENNIS CURRAN, announced the upcoming Pinnacle Fund Golf Tournament.
CLINTON GREENE, commented on the misrepresentation of the Desert Fashion Plaza
on the MLS.
WILLIAM HUTCHINSON, PSPOA, commented on the recent cuts to the Police
Department, and requested the City Council make public safety a priority in the City of
Palm Springs.
CHARLES SACHS, Palm Springs, commented on the cutting of trees at Casa de Oro,
and requested the City review the funding of the Palm Springs Film Festival.
JOY MEREDITH, presented the new Downtown and Uptown Business Directory, and
commented on the negative letters received regarding the Downtown area.
MARK KNORRINGA, requested the City Council not approve Item 2.1. and continue to
contract with the Building Industry Association.
FRANK TYSEN, Palm Springs, commented on the Desert Fashion Plaza, and urged the
City Council to consider the type and size of development in the Downtown area.
JOHN TYMON, Palm Springs, commented on the Desert Fashion Plaza.
COUNCILMEMBER COMMENTS:
Mayor Pougnet requested Tammy Perezchica, Downtown Administrator, report on the
vacancy rate in Downtown Palm Springs, requested Fire Chief Goetz address if any Fire
City Council Minutes
September 22, 2010
Page 4
Staff were released with the closure of Fire Station No. 5, and requested Police Chief
Dominguez provide a report on the reduction in crime, and commented on the recent
letter sent by the PSPOA to the Downtown merchants.
Councilmember Foat commented on a recent Valley Voice and the misrepresentation of
facts in the Desert Sun, and commented on a recent letter sent by the PSPOA to the
Downtown merchants.
CITY MANAGER'S REPORT: City Manger Ready requested Tammy Perezchica,
Downtown Administrator, provide an update on the Downtown Storefront Windows
program.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., .2.C., 2.D., 2.G., and 2.1-1. Motion Mayor Pro
Tom Hutcheson, seconded by Councilmember Mills 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 September 22,
2010, City Council Agenda. Approved as part of the Consent Calendar.
2.13. AMENDMENT NO. 1 TO AGREEMENT NO. A5548 WITH HARRELL &
COMPANY ADVISORS, LLC FOR AN ADDITIONAL THREE YEARS
FOR FINANCIAL CONSULTING SERVICES:
ACTION: 1) Approve Amendment No. 1 to Agreement No. A5548 with
Harrell & Company Advisors, LLC, for Financial Consulting Services,
extending the term for three years; and 2) Authorize the City Manager to
execute all necessary documents. A5548. Approved as part of the
Consent Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 22804, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 8-21-10 BY WARRANTS NUMBERED 416022 THROUGH
416058 TOTALING $48,141.01, LIABILITY CHECKS NUMBERED
1043957 THROUGH 1043977 TOTALING $127,569.05, FIVE WIRE
TRANSFERS FOR $56,837.44, AND THREE ELECTRONIC ACH
DEBITS OF $972,919.73, IN THE AGGREGATE AMOUNT OF
$1,205,467.23, DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution
No. 22805, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS
AND DEMANDS BY WARRANTS NUMBERED 1043978 THROUGH
1044108 IN THE AGGREGATE AMOUNT OF $266,784.76, DRAWN ON
BANK OF AMERICA;" 3) Adopt Resolution No. 22806, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
City Council Minutes
September 22, 2010
Page 5
CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY
WARRANTS NUMBERED 1044109 THROUGH 1044209 IN THE
AGGREGATE AMOUNT OF $3,168,144.51, DRAWN ON BANK OF
AMERICA;" 4) Adopt Resolution No. 22807, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 9-04-10 BY WARRANTS NUMBERED 416059 THROUGH
416100 TOTALING $49,706.88, LIABILITY CHECKS NUMBERED
1044210 THROUGH 1044230 TOTALING $128,454.09, FIVE WIRE
TRANSFERS FOR $53,411.50, AND THREE ELECTRONIC ACH
DEBITS OF $1,024,212.55, IN THE AGGREGATE AMOUNT OF
$1,255,785.02, DRAWN ON BANK OF AMERICA;" and 5) Adopt
Resolution No. 22808, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1044231
THROUGH 1044249 IN THE AGGREGATE AMOUNT OF $399,042.05,
DRAWN ON BANK OF AMERICA." Approved as part of the Consent
Calendar noting the business related abstention of Councilmember
Mills on Warrant Nos. 1044158, 1044181, and 1044188 through
1044190.
2.11). ACCEPT THE RESIGNATION OF DAVID SHIPLEY FROM THE PUBLIC
ARTS COMMISSION:
ACTION: 1) Accept with regret the resignation of David Shipley 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. 6 TO AGREEMENT NO. A3090 WITH THE PALM
SPRINGS INTERNATIONAL FILM FESTIVAL:
ACTION: 1) Approve Amendment No. 6 to Agreement No. A3090 with the
Palm Springs International Film Festival, extending the agreement to June
30, 2011; and 2) Authorize the City Manager to execute the Amendment
to the Agreement. A3090. Approved as part of the Consent Calendar.
2.H. AMENDMENT NO. 4 TO AGREEMENT NO. A4318 WITH DOKKEN
ENGINEERING FOR THE INDIAN CANYON DRIVE/INTERSTATE 10
INTERCHANGE (CP 00-14):
ACTION: 1) Approve Amendment No. 4 to Agreement No. A4318 with
Dokken Engineering in an amount of $72,920 for a revised total contract
amount of $1,792,482 for the Indian Canyon Drive / Interstate-10
Interchange Project (CP 00-14); and 2) Authorize the City Manager to
execute all necessary documents. A4318. Approved as part of the
Consent Calendar.
City Council Minutes
September 22, 2010
Page 6
EXCLUDED CONSENT CALENDAR:
2.E. TRAVIS COMPANIES, INC. APPROVE THE APPEAL AND OVERTURNING
THE DECISION OF THE PLANNING COMMISSION TO DENY A
CONDITIONAL USE PERMIT AND VARIANCE APPLICATION FOR THE
CONSTRUCTION OF A GASOLINE SERVICE STATION LOCATED AT 4701
EAST PALM CANYON DRIVE (CASE 5.1241 CUP AND 6.521 VAR):
ACTION: Adopt Resolution No. 22809, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN
APPEAL BY TRAVIS COMPANIES, INC. AND OVERTURNING THE DECISION
OF THE PLANNING COMMISSION TO DENY A CONDITIONAL USE PERMIT
AND VARIANCE APPLICATION FOR THE CONSTRUCTION AND OPERATION
OF A GASOLINE SERVICE STATION LOCATED AT 4701 EAST PALM
CANYON DRIVE (CASES 5.1241 AND 6.521 VAR)." Motion Councilmember
Weigel, seconded by Mayor Pro Tern Hutcheson and carried 3-2 on a roll
call vote.
AYES: Councilmember Mills, Councilmember Weigel, and Mayor Pro Tern
Hutcheson.
NOES: Councilmember Foat and Mayor Pougnet.
2.F. PURCHASE OF SPRAY CLEANING SYSTEM FROM MASTER
TECHNOLOGIES IN THE AMOUNT OF $71,747.47 FOR THE NEW ANIMAL
CARE FACILITY:
ACTION: 1) Waive the competitive requirements of the Municipal Code pursuant
to Section 7.04.020 and award a sole source purchase and installation of a SMT-
600-REY Spray Cleaning System, from Spray Master Technologies, in the
amount of $71,747.47; and 2) Authorize the City Manager to execute all
necessary documents. Motion Councilmember Mills, seconded by
Councilmember Weigel and unanimously carried on a roll call vote.
2.1. AGREEMENT WITH DESERT VALLEYS BUILDERS ASSOCIATION (DVBA)
TO PROVIDE INSTALLATION AND MAINTENANCE SERVICES ON
DIRECTIONAL REAL ESTATE SIGNS:
ACTION: 1) Direct staff to provide the required 30-day notice of termination to
the Building Industry Association (BIA) on its contract to install and maintain
directional real estate signs; 2) Approve an agreement with the DVBA to install
and maintain directional real estate signs effective upon termination of the
agreement with the BIA and subject to the approval by the City Attorney; and 3)
Authorize the City Manager to execute all necessary documents. A3865. A6024.
Motion Mayor Pro Tern Hutcheson, seconded by Councilmember Mills and
unanimously carried on a roll call vote.
3. LEGISLATIVE: None.
City Council Minutes
September 22, 2010
Page 7
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
Councilmember Mills stated he has a business related conflict of interest with
respect to Item 5.A., would not participate in the discussion or the vote, and left
Council Chamber.
5.A. CHANGE THE STREET NAMES FROM CHASE PLACE, FIELD VIEW,
AND FOSTER VISTA TO DISTRICT CENTER DRIVE (CASES 5.1238
SNC, 5.1244 SNC, AND 5.1245 SNC):
Craig Ewing, Director of Planning Services, provided background
information as outlined in the Staff Report dated September 22, 2010.
The City Council requested staff address if any cost was involved and any
negative effects to any businesses or homeowners.
ACTION: 1) Adopt Resolution No. 22810, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A STREET NAME CHANGE FROM CHASE PLACE TO
DISTRICT CENTER DRIVE;" 2) Adopt Resolution No. 22811, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING A STREET NAME CHANGE
FROM FIELD VIEW TO DISTRICT CENTER DRIVE;" and 3) Adopt
Resolution No. 22812, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A STREET
NAME CHANGE FROM FOSTER VISTA TO DISTRICT CENTER
DRIVE." Motion Mayor Pro Tern Hutcheson, seconded by
Councilmember Foat and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Weigel, Mayor Pro
Tern Hutcheson, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Mills.
Councilmember Mills returned to the dais.
5.13. CITY AND COMMUNITY REDEVELOPMENT AGENCY STAFF UPDATE
AND POTENTIAL CITY AND COMMUNITY REDEVELOPMENT
AGENCY ALTERNATIVES WITH RESPECT TO THE DESERT
FASHION PLAZA:
City Attorney Holland provided background information as outlined in the
Staff Report dated September 22, 2010.
Mayor Pougnet requested the City Council support the staff
recommendations, commented on the conditions of the Desert Fashion
City Council Minutes
September 22, 2010
Page 8
Plaza site, requested the City Attorney address if the City has performed
analysis of the cost, the length of time for the completion of the appraisal,
address if some of the projects could be done concurrently, and the
overall timing of the process.
Mayor Pro Tern Hutcheson commented on the new first steps to rid the
Desert Fashion Plaza blight, outlined the steps as proposed by staff, and
requested the City Attorney address financing alternatives.
Councilmember Foat requested the City Attorney address the separation
of the Town and Country Center in the appraisal, commented on her
vision of the property, and noted the importance of citizen input on the
future development.
Councilmember Mills commented on the opportunities, the history of the
project, and noted the City Council is asking for other ideas for projects on
this premier property in the City.
Councilmember Weigel requested the City Attorney address the impacts
to the current owner and their ability to develop the property, and
commented on the alternatives to move forward.
ACTION: 1) Approve an agreement with Integra Realty Resources, in a
form approved by the City Attorney, in an amount not to exceed $45,000,
for the completion of an appraisal adequate for the initiation and
completion of acquisition of the Desert Fashion Plaza and/or the Town
and Country Center or any portions thereof; 2) Authorize staff to initiate a
Request for Qualifications for potential developers of Desert Fashion
Plaza, prepare an Agency redevelopment alternative, and invite Wessman
Development Company to respond to the Request for Qualifications; and
3) Develop potential alternatives for financing any Redevelopment Agency
or City participation in any approved project or the acquisition of Desert
Fashion Plaza. A6025. Motion Mayor Pro Tern Hutcheson, seconded
by Councilmember Foat and unanimously carried on a roll call vote.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Foat commented on Proposition 22 on the upcoming November, 2,
2010, election and requested staff place on the next agenda a discussion regarding
Proposition 23.
Mayor Pougnet requested staff review the zoning of the Palm Springs Mall and the
options for any potential buyer.
ADJOURNMENT: The City Council adjourned at 8:00 p.m. to a Regular Meeting,
Wednesday, October 6, 2010, at 6:00 P.M. Council Chamber, City Hall, preceded by a
City Council Minutes
September 22, 2010
Page 9
Closed Session in the Small Conference Room, City Hall, 3200 East Tahquitz Canyon
Way, Palm Springs.
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS
6T" DAY OF OCTOBER, 2010.
STEPH N P. POUG T, MAYOR
ATTEST:
MES THOMPSON, CITY CLERK