HomeMy WebLinkAbout2009-12-16 CC MINUTES CITY COUNCIL
COMMUNITY REDEVELOPMENT AGENCY
PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION
CITY OF PALM SPRINGS, CALIFORNIA
0
MINUTES
WEDNESDAY, DECEMBER 16, 2009
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: Rev. Kevin Johnson, Bloom in the Desert Ministries, led the Invocation.
ROLL CALL:
PRESENT: Councilmember Foat, Councilmember Mills, Councilmember
Weigel, Mayor Pro Tem Hutcheson, and Mayor Pougnet.
ABSENT: None.
COMMISSION: Commissioners Conine, Doria, Gregory, Horner, King, Parks,
Moore, Rosenberg, Wilmeth, Vice Chair Hoehn, and Chair Gebhart.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS:
Mayor Pougnet and the City Council proclaimed December 16, 2009, as Palm Springs
High School Indians Day in the City of Palm Springs, for recognition of the Football
Team victory at the CIF Southern Section Division championship.
Mayor Pougnet and the City Council announced the upcoming activities of the 2010
Palm Springs International Film Festival, and Mayor Pougnet announced the winners of
the Mayor's Student Essay Contest.
Mayor Pougnet provided an update on the 2009 Festival of Lights Parade, the Marine
Band Holiday Concert, Athena Awards, and the 2010 Fitness Challenge.
Councilmember Weigel provided an update on the Annual Saint Theresa Fashion
Show. Councilmember Foat announced the Pet Adoptions Programs at the Palm
Springs Animal Shelter. Councilmember Mills provided an update on Census 2010,
Mayor Pougnet and Councilmember Foat announced the Ribbon Cuffing of the Roy's
Desert Resource Center.
City Council Minutes
December 16, 2009
Page 2
Councilmember Foat announced the upcoming Palm Springs Gay Men's Chorus
concert.
REPORT OF CLOSED SESSION: The meeting was called to order at 4.00 p.m., and
the City Council recessed into Closed Session to discuss Items on the posted Closed
Session Agenda. At 4:45 p.m., the City Council reconvened into Open Session and City
Attorney Holland requested the City Council add one Item to the Closed Session
Agenda:
Pursuant to Government Code Section 54956.8, Conference with Real Property
Negotiator, College of the Desert/BLM, 115 acre parcel North West Corner of North
Palm Canyon Drive and Tramview, City Negotiator, David H. Ready, City Manager,
Negotiating Parties John Kalish, Field Manager, Bureau of Land Management, to
discuss price and terms of payment for purchase. City Attorney Holland stated
information regarding the property negotiation was received after the posting of the
Agenda, and there is an immediate need to hear and/or take action on the Item.
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 here and/or take action of the
Item; and 2) Add the following Item to the Closed Session Agenda, Government Code
Section 54956.8, Conference with Real Property Negotiator, College of the Desert/BLM,
115 acre parcel North West Corner of North Palm Canyon Drive and Tramview, City
Negotiator, David H. Ready, City Manager, Negotiating Parties John Kalish, Field
Manager, Bureau of Land Management, price and terms of payment for purchase.
Motion Councilmember Foat, seconded by Mayor Pro Tom Hutcheson and
unanimously carried (4-0) noting the absence of Councilmember Mills.
The City Council recessed into Closed Session. City Attorney Holland reported the City
Council will reconvene to Closed Session after the Regular Meeting.
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson stated staff requested Item 2.E. be withdrawn from the Agenda.
Mayor Pro Tern Hutcheson requested Item 2.0. be removed from the Consent Calendar
for separate discussion.
Councilmember Mills noted his abstention on Consent Calendar Item 2.N.
ACTION: Accept the Agenda as amended. Motion Councilmember Weigel,
seconded by Mayor Pro Tern Hutcheson and unanimously carried on a roll call
vote.
City Council Minutes
December 16, 2009
Page 3
1. JOINT MEETING OF THE CITY COUNCIL. AND THE PALM SPRINGS
INTERNATIONAL. AIRPORT COMMISSION:
1.A. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION REPORT
ON RECENT ACCOMPLISHMENTS, DISCUSS GOALS AND
UPCOMING PROJECTS:
Members of the Palm Springs International Airport Commission introduced
themselves.
Thomas Nolan, Executive Director Aviation, provided key statistics and
services at the Palm Springs International Airport,
Mark Kiehl, Assistant Director of Aviation, provided an update on the
enhancements to the Palm Springs International Airport website.
Thomas Nolan, Executive Director, and Mark Kiehl, Assistant Director,
provided background information on the proposed Airline Incentive
Program, as outlined in the Proposed Air Service Incentive Program
presentation.
The City Council discussed and/or commented on the following with
respect to the Air Service Incentive Program: the attraction of new airlines
and services, the amount of funding of the Air Service Incentive Program
and the accomplishments that can be expected with the funding, the
timeline to start the program, and how long the funding could last.
Commission Chair Gebhard, Commissioner King and Commissioner Doria
provided background information on the proposed Airport Use and Parking
Incentive Program.
The City Council discussed and/or commented on the following with
respect to parking: the lack of overall long term parking, airline employee
parking and rates, the message sent to the flying public of raising parking
rates during the current economic downturn, the parking rates not being
the long term solution to the budget deficit at the Airport, offering free or
reduced parking for a 90-day period for PR and to increase traffic at the
Airport, and the appropriateness of raising parking rates at this time.
By consensus the City Council indicated the Commission should not move
forward with the development of a Parking Promotion Program, but should
continue to look at improvements to overall parking and parking rates.
City Council Minutes
December 16, 2009
Page 4
Thomas Nolan, Executive Director Aviation, provided an update of
upcoming projects at the Airport: the Airport Master Plan and upgrades to
security fencing.
No action taken.
The Airport Commission adjourned at 7. 42 p.m., and the City Council recessed.
The City Council reconvened at 7:50 p.m.
1. PUBLIC HEARINGS:
1.13. COMMUNITY REDEVELOPMENT AGENCY PUBLIC HEARING,
ADOPTION OF THE FIVE YEAR IMPLEMENTATION PLAN AND
UPDATE TEN YEAR HOUSING COMPLIANCE PLAN FOR MERGED
REDEVELOPMENT PROJECT AREA NOS. 1 AND 2:
Thomas Wilson, Assistant City Manager, provided background information
as outlined in the staff report dated December 16, 2009.
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 Implementation Plan: lack of sustainability issues and
concepts in the plan for the affordable housing component, requested staff
address the source of redevelopment funds, and the amount available for
the City, the State's "take" of the redevelopment funds, and the
implementation goals of the plan.
ACTION: 1) Adopt Resolution No. 1394, "A RESOLUTION OF THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS, CALIFORNIA, ADOPTING AND APPROVING A FIVE YEAR
IMPLEMENTATION PLAN AND UPDATED TEN YEAR HOUSING
COMPLIANCE PLAN FOR THE PALM SPRINGS MERGED
REDEVELOPMENT PROJECT AREA NOS. 1 AND 2; and 2) Direct staff
to review and recommend sustainability goals and programs to be
incorporated into the plan and return to the City Council by May 1, 2010.
Motion Mayor Pougnet, seconded by Mayor Pro Tom Hutcheson and
unanimously carried on a roll call vote.
I.C. REVIEW AND EVALUATION OF APPLICATIONS UNDER CHAPTER
93.22.00 (MEDICAL CANNABIS COOPERATIVE OR COLLECTIVE,
SPECIAL STANDARDS):
City Attorney Holland provided background information as outlined in the
staff report dated December 16, 2009,
City Council Minutes
December 16, 2009
Page 5
Public Testimony for the continued public hearing was closed on
December 2, 2009.
The City Council discussed and/or commented on the following with the
respect to medical cannabis collectives: providing additional 10%
administrative flexibility in Code Sections 93.22.00(c) and (e), the process
thus forward if amendments are made, fast tracking the approval process,
potential amendments adding flexibility on the prohibition in commercial
property occupied by a retail use, ensuring collective and City Council
adherence to the Ordinance, acceptance of cash at the collectives,
publicity toward the City on dispensaries, the operation of the collective as
a non-profit and involvement of the members in the governance of the
collective, amendments to Section K(7) as it relates to collectives, moving
forward in the selection process.
ACTION: 1) Deny the applications of Palm Springs Compassionate Care
and the Farmacy Collective, 2) Initiate a Zone Text Amendment to amend
PSZO 93.22.00(C) Collectives with 500 feet of sensitive uses and with
1,000 feet of other Collectives and 93.22.00(E) Off-Street Parking; and 3)
Continue the consideration and discussion of all other Applicants. Motion
Mayor Pro Tern Hutcheson, seconded by Mayor Pougnet and carried
4-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tem
Hutcheson, and Mayor Pougnet.
NOES: Councilmember Weigel.
ACTION: Initiate a Zone Text Amendment to amend PSZO 93.22.00(C)
Primary uses on site cannot be commercial-retail. Motion Mayor Pro Tern
Hutcheson, seconded by Mayor Pougnet and carried 3-2 on a roll call
vote.
AYES: Councilmember Foat, Mayor Pro Tern Hutcheson, and
Mayor Pougnet.
NOES: Councilmember Mills and Councilmember Weigel.
PUBLIC COMMENT:
CHARLES SACHS, commented on the removal of trees at Casa de Oro.
LANNY SWERDLOW, commented on medical cannabis cooperatives and collectives.
DAVID NICK, Palm Springs, commented on medical cannabis cooperatives and
collectives.
DON DUNCAN, commented on medical cannabis cooperatives and collectives.
City Council Minutes
December 16, 2009
Page 6
RICK PANTELE, commented on medical cannabis cooperatives and collectives.
TREV TREVINO, Palm Springs, commented on medical cannabis cooperatives and
collectives.
LARRY NIELSEN, Palm Springs, commented on medical cannabis cooperatives and
collectives.
COUNCILMEMBER COMMENTS:
Mayor Pougnet commented on the City Council's action and progress with allowing
medical cannabis cooperatives and collectives in the City of Palm Springs.
CITY MANAGER'S REPORT:
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.F., 2.G., 2.H., 2.I., 2.J., 2.K.,
21., 2.M., and 2.N. Motion Mayor Pro Tern Hutcheson, seconded by
Councilmember Foat 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 December 16,
2009, City Council Agenda. Approved as part of the Consent Calendar.
2.13. ACCEPT THE RESIGNATION OF KENNETH GREGORY FROM THE
PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION:
ACTION: 1) Accept with regret the resignation of Kenneth Gregory, 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.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 22632, "A RESOLUTION OF THE CITY
COUNCIL. OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 11-14-09 BY WARRANTS NUMBERED 415186 THROUGH
415222 TOTALING $60,330.01, LIABILITY CHECKS NUMBERED
1038949 THROUGH 1038071 TOTALING $141,574.10, FIVE WIRE
TRANSFERS FOR $54,711.61, AND THREE ELECTRONIC ACH
DEBITS OF $1,111,495.76, IN THE AGGREGATE AMOUNT OF
$1,368,111.48, DRAWN ON BANK OF AMERICA," 2) Adopt Resolution
No. 22633, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS
AND DEMANDS BY WARRANTS NUMBERED 1038972 THROUGH
1039031 IN THE AGGREGATE AMOUNT OF $695,123.36, DRAWN ON
BANK OF AMERICA;" 3) Adopt Resolution No. 22634, "A RESOLUTION
City Council Minutes
December 16, 2009
Page 7
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY
WARRANTS NUMBERED 1039032 THROUGH 1039149 IN THE
AGGREGATE AMOUNT OF $193,766.36, DRAWN ON BANK OF
AMERICA;" 4) Adopt Resolution No. 22635, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 11-28-09 BY WARRANTS NUMBERED 415223 THROUGH
415260 TOTALING $101,167.42, LIABILITY CHECKS NUMBERED
1039150 THROUGH 1039170 TOTALING $143,637.45, FIVE WIRE
TRANSFERS FOR $83,905.38, AND THREE ELECTRONIC ACH
DEBITS OF $1,543,069.08, IN THE AGGREGATE AMOUNT OF
$1,871,779.33, DRAWN ON BANK OF AMERICA;" and 5) Adopt
Resolution No. 22636, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1039171
THROUGH 1039271 IN THE AGGREGATE AMOUNT OF $1,734,528.88,
DRAWN ON BANK OF AMERICA." Approved as part of the Consent
Calendar.
2.D. TREASURER'S INVESTMENT REPORT AS OF OCTOBER 31, 2009:
ACTION: Receive and File the Treasurer's Investment Report as of
October 31, 2009. Approved as part of the Consent Calendar.
2.F. AMENDMENT NO. 2 TO THE FISCAL YEAR 2009-10 ALLOCATED
POSITIONS AND COMPENSATION PLAN:
ACTION. Adopt Resolution No. 22637, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING AMENDMENT NO. 2 TO THE ALLOCATED POSITIONS
AND COMPENSATION PLAN FOR FISCAL YEAR 2009-10, ADOPTED
BY RESOLUTION 22530." Approved as part of the Consent Calendar.
2.G. AMENDMENT NO. 7 TO AGREEMENT NO. A5488 WITH ALLEN F.
SMOOT & ASSOCIATES, FOR OWNER REPRESENTATIVE
SERVICES, FOR THE ANIMAL SHELTER PROJECT, THE JC FREY
BUILDING REFURBISHING, AND THE MAIN LIBRARY, IN THE,
AMOUNT OF $57,820:
ACTION: 1) Approve Amendment No. 7 to Agreement No. A5488 with
Allen F. Smoot & Associates for Owner Representative Services for the
Animal Shelter Project, coordination of the JC Frey Building refurbishing,
and the coordination of refurbishing at the Main Library, in the amount of
$57,820; and 2) Authorize the City Manager to execute the Agreement.
A5488. Approved as part of the Consent Calendar.
City Council Minutes
December 16, 2009
Page 8
2.H, APPROVAL OF MINUTES:
ACTION: Approve the City Council and Community Redevelopment
Agency Minutes of December 2, 2009. Approved as part of the Consent
Calendar.
2.1. COMMUNITY REDEVELOPMENT AGENCY CONTRACT APPROVAL
FOR PRE-RENOVATION SERVICES AND MATERIAL REMOVAL AT
THE JC FREY BUILDING LOCATED AT 1191 EAST BARISTO ROAD:
ACTION: Approve and authorize the Executive Director to execute a
professional services agreement, subject to final approval of Agency
Counsel, in an amount not to exceed $45,000, for pre-renovation services
and materials removal at the JC Frey Building located at 1191 East
Baristo Road. Approved as part of the Consent Calendar.
2.J. AMENDMENT NO. 3 TO LEASE AGREEMENT NO. A4159 WITH THE
PARADIES SHOPS, LLC FOR CONCESSIONS AT PALM SPRINGS
INTERNATIONAL AIRPORT:
ACTION: 1) Approve Amendment No. 3 to Agreement No. A4159 with
The Paradies Shops, LLC for the exchange of storage space locations
and an increase of display space at the CNBC store effective January 1,
2010; and 2) Authorized the City Manager to execute the Agreement.
A4159. Approved as part of the Consent Calendar,
2.K. AGREEMENT WITH SYSTEMS INTEGRATION CORPORATION IN THE
AMOUNT OF $198,108.68, FOR AN AUTOMATED VEHICLE
IDENTIFICATION SYSTEM REPLACEMENT;
ACTION: 1) Approve an agreement with Systems Integration Corporation
in the amount of $198,108.68, in a form acceptable to the City Attorney;
and 2) Authorize the City Manager to execute the Agreement. A5927.
Approved as part of the Consent Calendar.
2.L. ACCEPT FISCAL YEAR 2009 HOMELAND SECURITY GRANT FROM
THE CALIFORNIA OFFICE OF HOMELAND SECURITY IN THE
AMOUNT OF $156,430.00:
ACTION: 1) Accept a grant from the California Department of Homeland
Security through the Riverside County Office of Emergency Services in
the amount of $156,430.00; and 2) Authorize the City Manager to execute
all necessary documents. A5928. Approved as part of the Consent
Calendar.
2.M. DEVELOPMENT PROJECT FEE REPORT FOR FISCAL YEAR 2008-09:
ACTION: Receive and file the Government Code Section 66000
Development Project Fee Report for Fiscal Year 2008-09. Approved as
part of the Consent Calendar.
City Council Minutes
December 16, 2009
Page 9
2.N. AMENDMENT NO. 1 TO AGREEMENT NO. A1079 WITH THE PALM
SPRINGS UNIFIED SCHOOL DISTRICT EXTENDING THE LEASE FOR
TWO YEARS FOR PROPERTY LOCATED AT 1300 EAST BARISTO
ROAD:
ACTION: 1) Approve Amendment No. 1 to Agreement No. A1079 with the
Palm Springs Unified School District extending the lease to August 6,
2012, at the rate of $46,502 annually, for property located at 1300 East
Baristo Road; and 2) Authorize the City Manager to execute all necessary
documents. A1079. Approved as part of the Consent Calendar, noting
the abstention of Councilmember Mills.
EXCLUDED CONSENT CALENDAR:
2.E. MEMORANDUM OF UNDERSTANDING WITH PALM SPRINGS FIRE
MANAGEMENT ASSOCIATION FOR THE PERIOD JULY 1, 2009, THROUGH
JUNE 30, 2011 AND RELATED AMENDMENT TO THE ALLOCATED
POSITIONS AND COMPENSATION PLAN:
Item withdrawn at the request of staff.
ZOO VACANT BUILDING MONITORING PROGRAM FEES:
The City Council requested staff address the number of inspections that could
occur during any given time frame.
ACTION: Adopt Resolution No. 22638, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
INSPECTION FEES FOR THE IMPLEMENTATION OF THE VACANT
BUILDING MONITORING PROGRAM AND AMENDING THE
COMPREHENSIVE FEE SCHEDULE ADOPTED BY RESOLUTION NO. 21578
AS AMENDED." Motion Mayor Pro Tem Hutcheson, seconded by Mayor
Pougnet and unanimously carried on a roll call vote.
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
S.A. FISCAL YEAR 2009-10 BUDGET SECOND QUARTER UPDATE,
DISCUSSION OF DEFICIT REDUCTION ALTERNATIVES AND LOCAL
ECONOMIC DEVELOPMENT PROGRAMS:
Geoffrey Kiehl, Director of Finance, provided background information as
outlined in the budget update report dated December 16, 2009.
The City Council requested a deferral of discussion of Economic
Development Programs to January 6, 2010.
City Council Minutes
December 16, 2009
Page 10
The City Council discussed and/or commented on the following with
respect to the budget deficit: use of liability/claims, sales taxes and
improvements in TOT.
ACTION: Continue the Budget Update and discussion of the Local
Economic Development Programs to January 6, 2010. By consensus of
the City Council.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Mayor Pro Tem Hutcheson noted current vacancies on the Boards and Commissions.
The City Council recessed into Closed Session at 9:15 p.m.
REPORT OF CLOSED SESSION: City Attorney Holland reported the City Council
provided the City Attorney direction on Items on the Closed Session Agenda, no
reportable actions were taken.
ADJOURNMENT: The City Council adjourned at 9:35 p.m. to a Regular Meeting,
Wednesday, January 6, 2010, at 6:00 P.M. Council Chamber, City Hall, preceded by a
Closed Session at 4:30 P.M., 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 JANUARY, 2010.
/�" / � -
STEP EN P. POUGNET, MAYOR
ATTEST:
?ME-9 THOMPSON, CITY CLERK