HomeMy WebLinkAbout2009-06-17 CC MINUTES CITY COUNCIL
COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
0
MINUTES
WEDNESDAY, JUNE 17, 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. Michael Kearney, Palm Springs Spiritual Enrichment Center, led
the Invocation.
ROLL CALL;
PRESENT: Councilmember Foat, Councilmember Hutcheson, Councilmember
Weigel, Mayor Pro Tern Mills, and Mayor Pougnet.
ABSENT: None.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS:
Mayor Pro Tern Mills presented an overview of the recent activities with respect to the
Census 2010.
Mayor Pougnet provided an update on the recent Fitness Challenge event.
Chief Goetz provided an update on the 78th Firefighter Fish Fry event.
City Manager Ready and Sharon Heider, Director of Parks and Recreation, introduced
Rick Minjares, Parks Maintenance Supervisor.
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.
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson requested the City Council add an Item to the Agenda Proposed
Resolution taking certain action with respect to Unconstitutional Diversion of Local
City Council Minutes
June 17, 2009
Page 2
Share of Motor Fuel Gas Tax Funds, and stated this Item came of the attention to the
City after the posting of the agenda.
ACTION: 1) Make the finding the Item came the attention of the City after the posting of
the Agenda and there is an immediate need to take action on the Item; and 2) Add to
the Agenda Item 5.F. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY ATTORNEY TO
COOPERATE WITH THE LEAGUE OF CALIFORNIA CITIES, OTHER CITIES AND
COUNTIES IN LITIGATION CHALLENGING THE CONSTITUTIONALITY OF ANY
SEIZURE BY STATE GOVERNMENT OF THE CITY'S STREET MAINTENANCE
FUNDS." Motion Councilmember Foat, seconded by Councilmember Hutcheson
and unanimously carried on a roll call vote.
City Clerk Thompson stated staff would recommend Item 4.B. be withdrawn from the
Agenda, and Item 5.E. be tabled to the June 24, 2009 City Council meeting.
Mayor Pro Tom Mills noted his abstention on Consent Calendar Item 2.C., business
related abstention on Warrant Nos. 1035817 and 1035922, and 1035956 for personal
business.
Councilmember Hutcheson requested Item 2.H. be removed from the Consent Calendar
for separate discussion.
Councilmember Foat requested Item 2.M. be removed from the Consent Calendar for
separate discussion.
ACTION: Accept the Agenda as amended. Motion Councilmember Hutcheson,
seconded by Mayor Pro Tom Mills and unanimously carried on a roll call vote.
1. PUBLIC HEARINGS:
1.A. DESIGNATION OF THE OASIS COMMERCIAL BUILDING AT 101-121
SOUTH PALM CANYON DRIVE AS A CLASS 1 HISTORIC SITE (HSPB
55):
ACTION: 1) Continue the Public Hearing to July 22, 2009, with no public
testimony, at the request of the property owner; and 2) Direct the City
Clerk to post a Notice of Continued Public Hearing. Motion
Councilmember Hutcheson, seconded by Mayor Pro Tom Mills and
unanimously carried on a roll call vote.
1.B. DESIGNATION OF THE CASABLANCA ADOBE AT 590 SOUTH
INDIAN TRAIL AS A CLASS 1 HISTORIC SITE (HSPB 68):
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated June 17, 2009.
City Council Minutes
June 17, 2009
Page 3
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
AL SOPHIANOPOULOS, Property Owner, stated his support for the
designation.
No further speakers coming forward, the public hearing was closed.
The City Council discussed and/or commented on the following with
respect to the historic designation: the architect on the Historic Resources
Survey, the consent of the owner, and the history of the property.
ACTION: Adopt Resolution No. 22496, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DESIGNATING THE CASABLANCA ADOBE, AT 590 SOUTH INDIAN
TRAIL, AS A CLASS 1 HISTORIC SITE, HSPB 68." Motion
Councilmember Hutcheson, seconded by Mayor Pro Tom Mills and
unanimously carried on a roll call vote.
Councilmember Foat stated her business is within the boundaries of the BID, and
would not participate in the discussion or the vote, and left Council Chamber.
1.C. ANNUAL REVIEW AND RENEWAL OF THE PALM SPRINGS
BUSINESS IMPROVEMENT DISTRICT AND ADOPTION OF THE
FISCAL YEAR 2009-10 PROGRAM:
Cathy Van Horn, Economic Development Administrator, provided
background information as outlined in the staff report dated June 17,
2009.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
KEITH McCORMICK, provided the overview of the District and stated his
support for the Business Improvement District.
BONNIE REISS, stated the BID is a redundant program of MainStreet.
RODOLFO CASTILLO, stated his support for the BID, requested the City
Council review the makeup of the BID, and commented on the BID notice
and mailing list.
JOY MEREDITH, stated her support for the BID, and stated the Board is
reviewing some proposed changes in the next year.
JESSE DANNER, Snip Snip Buzz, stated his opposition to the BID.
City Council Minutes
June 17, 2009
Page 4
DARRON DAHLE, Catcus Berry, commented on the mailing and notice list
for the BID, and noted administrative problems with the BID.
ROXANNE MISHLER, Palm Springs Carriages, stated her support for the
BID.
No further speakers coming forward the public hearing was closed.
The City Council discussed and/or commented on the following with
respect to the BID: the history of the creation of the bid, the notice and
process of notice, the number of businesses in the district and the
discrepancy with the number of business licenses in the area.
ACTION: 1) Continue the Public Hearing to June 24, 2009; and 2) Direct
the City Clerk to post a Notice of Continued Public Hearing. Motion
Councilmember Weigel, seconded by Mayor Pro Tern Mills and
unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Hutcheson, Mayor Pro Tern Mills,
Councilmember Weigel, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Foat.
Councilmember Foat returned to the dais.
1.0. PLACEMENT OF 11 PUBLIC NUISANCE ABATEMENT FEES ON THE
PROPERTY TAX DOLLS:
Tom Wilson, Assistant City Manager, provided background information as
outlined in the staff report dated June 17, 2009.
Mayor Pougnet opened the public hearing, and no speakers coming
forward the public hearing was closed.
ACTION: 1. Adopt Resolution No. 22497, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING
FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 3723
EL DORADO BLVD."
2. Adopt Resolution No. 22498, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING
FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 3910
EL DORADO BLVD."
City Council Minutes
June 17, 2009
Page 5
3. Adopt Resolution No. 22499, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING
FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 4002
EL DORADO BLVD."
4. Adopt Resolution No. 22500, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING
FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 4020
EL DORADO BLVD."
5. Adopt Resolution No. 22501, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING
FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 499
NORTH FARRELL DRIVE."
6. Adopt Resolution No. 22502, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING
FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 414
SOUTH MONTE VISTA DRIVE."
7. Adopt Resolution No. 22503, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING
FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 1091
SOUTH PASEO DE MARCIA."
8. Adopt Resolution No. 22504, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING
FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 1414
SOUTH SAGEBRUSH."
9. Adopt Resolution No. 22505, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING
FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 1414
SOUTH SAGEBRUSH."
10. Adopt Resolution No. 22506, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING
City Council Minutes
June 17, 2009
Page 6
FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 1414
SOUTH SAGEBRUSH."
11. Adopt Resolution No. 22507, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING
FOR THE PUBLIC NUISANCE ABATEMENT LIEN LOCATED AT 385
WEST TRAMVIEW."
Motion Mayor Pro Tem Mills, seconded by Councilmember Weigel
and unanimously carried on a roll call vote.
PUBLIC COMMENT:
SID CRAIG, announced the upcoming Short Film Festival activities and events.
DREW SWEATTE, commented on the lack of transparency on financing between the
Community Redevelopment Agency and the City.
PHYLLIS BURGESS, commented on the effect of Proposition 8 and the Human Rights
Commission.
JIM STUART, commented on the proposed park at Vista Chino and Gene Autry Trail,
and the lack of maintenance at the City's parks.
JOY MEREDITH, stated her support for Item 2.G. extension of free and unrestricted
parking in the Downtown area, and 2.0. the Bylaw changes to the BID.
RUDOLFO CASTILLO, commented on Item 2.0. and requested the bylaws be changed
to include term limits.
COUNCILMEMBER COMMENTS:
Councilmember Foat requested the City Engineer provide an update on the proposed
park at Vista Chino and Gene Autry.
CITY MANAGER'S REPORT:
2. CONSENT CALENDAR:
Councilmember Foat noted her business related abstention on Item 2.0.
ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.1., 2.J., 2.K.,
21., 2N., 2.0., and 2.P. Motion Mayor Pro Tom Mills, seconded by
Councilmember Weigel and unanimously carried on a roll call vote.
City Council Minutes
June 17, 2009
Page 7
2.A. REPORT ON POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the June 17, 2009,
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 May 27, 2009, and June 3, 2009. Approved as part of the
Consent Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 22508, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 5-16-09 BY WARRANTS NUMBERED 414653 THROUGH
414692 TOTALING $54,828.72, LIABILITY CHECKS NUMBERED
1035746 THROUGH 1035766 TOTALING $152,227.21, FIVE WIRE
TRANSFERS FOR $117,304.97, AND THREE ELECTRONIC ACH
DEBITS OF $1,085,792.55, IN THE AGGREGATE AMOUNT OF
$1,410,153.45, DRAWN ON BANK OF AMERICA:" 2) Adopt Resolution
No. 22509, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS
AND DEMANDS BY WARRANTS NUMBERED 1035767 THROUGH
1035868 IN THE AGGREGATE AMOUNT OF $232,011.13, DRAWN ON
BANK OF AMERICA-," 3) Adopt Resolution No. 22510, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY
WARRANTS NUMBERED 1035869 THROUGH 1035971 IN THE
AGGREGATE AMOUNT OF $1,378,665.69, DRAWN ON BANK OF
AMERICA;" and 4) Adopt Resolution No. 22511, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 5-30-09 BY WARRANTS NUMBERED 414693 THROUGH
414727 TOTALING $54,687.76, LIABILITY CHECKS NUMBERED
1035972 THROUGH 1035993 TOTALING $153,475.01, FIVE WIRE
TRANSFERS FOR $94,157.78, AND THREE ELECTRONIC ACH
DEBITS OF $1,114,413.86, IN THE AGGREGATE AMOUNT OF
$1,416,734.41, DRAWN ON BANK OF AMERICA." Approved as part of
the Consent Calendar, noting the abstention of Mayor Pro Tern Mills
on Warrants Nos. 1035817 and 1035922, and 1035956.
2.D. STAFF AUTHORIZED AGREEMENTS FOR MAY 2009:
ACTION: Receive and file Staff Authorized Agreements covering the
period May 1 through May 31, 2009. Approved as part of the Consent
Calendar.
City Council Minutes
June 17, 2009
Page 8
2.E. TREASURER'S INVESTMENT REPORT AS OF APRIL 30, 2009:
ACTION: Receive and file the Treasurer's Investment Report as of April
30, 2009- Approved as part of the Consent Calendar.
2.F. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF
COACHELLA TO THE PALM SPRINGS INTERNATIONAL AIRPORT
COMMISSION FOR THE TERM ENDING DECEMBER 31, 2009:
ACTION: Appoint Councilmember Jesse Villarreal, as the City of
Coachella representative, to the Palm Springs International Airport
Commission for the term ending December 31, 2009. Approved as part
of the Consent Calendar.
2.G. EXTEND SUSPENSION OF TWO-HOUR TIME LIMITS ON PORTIONS
OF INDIAN CANYON DRIVE AND BELARDO ROAD FROM ALEJO
ROAD TO RAMON ROAD AND DOWNTOWN CITY-OWNED PARKING
LOTS AND PARKING STRUCTURE UNTIL JUNE 30, 2010:
ACTION: Adopt Resolution No. 22512, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
EXTENDING THE SUSPENSION OF TWO-HOUR TIME LIMITS ON
PORTIONS OF INDIAN CANYON DRIVE AND BELARDO ROAD FROM
ALEJO ROAD TO RAMON ROAD AND DOWNTOWN CITY-OWNED
PARKING LOTS AND PARKING STRUCTURE UNTIL JUNE 30, 2010."
Approved as part of the Consent Calendar,
2.1. CANCEL AGREEMENT NO. A5224 WITH INTERNATIONAL SERVICES
AND APPROVE AMENDMENT TO MAXWELL SECURITY
AGREEMENT NO. A5630 TO ADD UNARMED SECURITY GUARD
SERVICES AT THE LIBRARY AND PARKING STRUCTURE:
ACTION: 1) Cancel Agreement No. A5224 with International Services; 2)
Approve Amendment No. 1 to Agreement No. A5630 with Maxwell
Security to add unarmed security guard services at the Library in the
estimated amount of $33,696 per year, and at the Downtown Parking
Structure in the amount of $21,060 per year (hours subject to change);
and 2) Authorize the City Manager to execute all necessary documents.
A5224. A5630. Approved as part of the Consent Calendar.
2.J. APPROVE CHANGE ORDER NO. 1 TO AGREEMENT NO. A5757 WITH
MOTOROLA FOR THE PURCHASE OF 100 PORTABLE RADIOS IN
THE AMOUNT OF $247,312.12:
ACTION: 1) Waive the competitive requirements of the Municipal Code; 2)
Approve Change Order No. 1 to Agreement No. A5757 with Motorola for
the purchase of 100 Motorola XTS2500 Portable radios in the amount of
$247,312.12; and 3) Authorize the City Manger to execute all necessary
documents. A5757. Approved as part of the Consent Calendar.
City Council Minutes
June 17, 2009
Page 9
2.K. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS CITYWIDE
STREET LIGHTING AND PARKWAY MAINTENANCE ❑ISTRICTS,
FISCAL YEAR 2009-10 AND SETTING THE PUBLIC HEARING FOR
JULY 15, 2009:
ACTION: 1. Adopt Resolution No. 22513, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER'S
REPORT REGARDING STREET LIGHTING MAINTENANCE DISTRICT
NO. 3 ("CROSSLEY TRACT"); AND THE LEVY AND COLLECTION OF
ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR
2009-1 W'
2. Adopt Resolution No. 22514, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON
STREET LIGHTING MAINTENANCE DISTRICT NO. 3 ("CROSSLEY
TRACT"); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS
RELATED THERETO FOR FISCAL YEAR 2009-10."
3. Adopt Resolution No. 22515, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER'S
REPORT REGARDING PARKWAY MAINTENANCE DISTRICT NO. 6A
("FAIRPORT DEVELOPMENT"); AND THE LEVY AND COLLECTION OF
ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR
2009-10."
4, Adopt Resolution No. 22516, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON
PARKWAY MAINTENANCE DISTRICT NO. 6A ("FAIRPORT
DEVELOPMENT"); AND TO LEVY AND COLLECT ANNUAL
ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2009-10."
5. Adopt Resolution No. 22517, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER'S
REPORT REGARDING PARKWAY MAINTENANCE DISTRICT NO. 6C
("PARK SONORA TRACT"); AND THE LEVY AND COLLECTION OF
ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR
2009-10."
6. Adopt Resolution No. 22518, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON
PARKWAY MAINTENANCE DISTRICT NO, 6C ("PARK SONORA
City Council Minutes
June 17, 2009
Page 10
TRACT"); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS
RELATED THERETO FOR FISCAL YEAR 2009-10."
7. Adopt Resolution No. 22519, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER'S
REPORT REGARDING PARKWAY MAINTENANCE DISTRICT N0. 7
("SUNRISE NORTE TRACT"); AND THE LEVY AND COLLECTION OF
ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR
2009-10."
8. Adopt Resolution No. 22520, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON
PARKWAY MAINTENANCE DISTRICT NO. 7 ("SUNRISE NORTE
TRACT"); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS
RELATED THERETO FOR FISCAL YEAR 2009-10."
9. Adopt Resolution No. 22521, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER'S
REPORT REGARDING PARKWAY MAINTENANCE DISTRICT NO. 8
("VINTAGE PALMS TRACT"); AND THE LEVY AND COLLECTION OF
ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR
2009 10."
10. Adopt Resolution No. 22522, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON
PARKWAY MAINTENANCE DISTRICT NO. 8 ("VINTAGE PALMS
TRACT"); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS
RELATED THERETO FOR FISCAL YEAR 2009-10.
11. Adopt Resolution No. 22523, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER'S
REPORT REGARDING PARKWAY MAINTENANCE DISTRICT NO. 9
("FLORA VISTA"); AND THE LEVY AND COLLECTION OF ANNUAL
ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2009-10."
12. Adopt Resolution No, 22524, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON
PARKWAY MAINTENANCE DISTRICT NO. 9 ("FLORA VISTA"); AND TO
LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO
FOR FISCAL YEAR 2009-10."
City Council Minutes
June 17, 2009
Page 11
13. Adopt Resolution No. 22525, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER'S
REPORTS REGARDING PARKWAY MAINTENANCE DISTRICT NO. 10,
ZONE 1 AND ZONE 2, ("MOUNTAIN GATE"); AND THE LEVY AND
COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR
FISCAL YEAR 2009-10."
14. Adopt Resolution No. 22526, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON
PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 1 AND ZONE 2,
("MOUNTAIN GATE"); AND TO LEVY AND COLLECT ANNUAL
ASSESSMENTS RELATED THERETO FOR FISCAL. YEAR 2009-10."
15. Adopt Resolution No. 22527, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER'S
REPORT REGARDING PARKWAY MAINTENANCE DISTRICT NO. 12
("SMOKE TREE COMMONS"); AND THE LEVY AND COLLECTION OF
ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR
2009-10."
16. Adopt Resolution No. 22528, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON
PARKWAY MAINTENANCE DISTRICT NO. 12 ("SMOKE TREE
COMMONS"); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS
RELATED THERETO FOR FISCAL YEAR 2009-10."
Approved as part of the Consent Calendar.
2.L. AWARD OF CONTRACT FOR THE ARABY CIRCLE DRAINAGE
IMPROVEMENTS, CP 07-16:
ACTION: 1) Approve an agreement with Contreras Construction Co. Inc.,
for the Araby Circle Drainage Improvements, in the amount of $69,204,
CP 07-16; and 2) Authorize the City Manager to execute all necessary
documents. A5857. Approved as part of the Consent Calendar.
2.N. APPROVE AN AGREEMENT WITH POLARIS LIBRARY SYSTEMS
FOR AN INTEGRATED LIBRARY SOFTWARE SYSTEM:
ACTION: 1) Waive the competitive requirements of the municipal code
and award a contract, in a form acceptable to the City Attorney, to Polaris
Library Systems to provide a Windows based integrated library system
with Structured Query Language capacity in the amount of$89,005 for the
first year and annual maintenance costs for years 2 through 5 in the
City Council Minutes
June 17, 2009
Page 12
amounts of $17,562, $18,321, $19,322 and $20,268 respectively; and 2)
Authorize the City Manager to execute all necessary documents. A5859.
Approved as part of the Consent Calendar.
2.0. APPROVE MODIFICATIONS TO BYLAWS OF THE PALM SPRINGS
BUSINESS IMPROVEMENT DISTRICT:
ACTION: Adopt Resolution No. 22529, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING THE BYLAWS OF THE PALM SPRINGS BUSINESS
IMPROVEMENT DISTRICT AND SUPERSEDING RESOLUTION NO.
21996." Approved as part of the Consent Calendar, noting the
abstention of Councilmember Foat.
2.P. APPROVE CVAG EMERGENCY RESPONSE 1-10 CLOSURE PLAN:
ACTION: Approve CVAG's "Emergency Response 1-10 Closure Plan" as
an integral component of the City of Palm Springs Emergency Operations
Plan. Approved as part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2.H. APPROVE AN AGREEMENT WITH GREENPLAY LLC FOR THE CITY OF
PALM SPRINGS PARKS AND RECREATION MASTER PLAN IN THE
AMOUNT OF $128,900:
The City Council discussed and/or commented on the following: the funding for
the Parks Master Plan, advantage to the City for the development of a Parks
Master Plan, and citizen input into the plan.
ACTION: 1) Approve an agreement with GreenPlay LLC to develop a Parks and
Recreation Master Plan in an amount not to exceed $128,900; and 2) Authorize
the City Manager to execute all necessary documents. A5856. Motion Mayor
Pro Tern Mills, seconded by Mayor Pougnet and unanimously carried on a
roll call vote.
2.M. AGREEMENT WITH SUNLINE TRANSIT AGENCY FOR THE ADVERTISING,
INSTALLATION, AND MAINTENANCE OF BUS SHELTERS:
The City Council discussed and/or commented on the following with respect to
the bus shelters: improvement in color of the shelters, expired advertising,
condition of the shelters, and trash receptacles at the shelters.
ACTION: 1) Approve an agreement with Sunline Transit Agency for the
advertising, installation, and maintenance of the bus shelters for a five-year
period, amending Section 3.01 to provide for the termination of the agreement
annually on the anniversary date; and 2) Authorize the City Manager to execute
City Council Minutes
June 17, 2009
Page 13
all necessary documents. A5858. Motion Councilmember Foat, seconded by
Councilmember Hutcheson and unanimously carried on a roll call vote,
The City Council recessed at 7:57 p.m.
The City Council reconvened at 8:08 p.m.
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS:
4.A. JOINT MEETING OF THE CITY COUNCIL AND COMMUNITY
REDEVELOPMENT AGENCY FOR ADOPTION OF THE FISCAL YEAR
2009-10 BUDGET:
City Manager Ready and Geoffrey Kiehl, Director of Finance, provided
background information as outlined in the staff report dated June 17,
2009.
The City Council discussed and/or commented on the following with
respect to the budget: requesting contractors and vendors to reduce fees
for services, inclusion of the homeless shelter in the budget, employee
and pay reductions, tracking the budget activities for the State and
updates to the City Council, community funding for the Senior Center and
Boys and Girls Club.
ACTION: 1) Adopt Resolution No. 22530, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR
FISCAL YEAR 2009-10;" 2) Adopt Resolution No. 22531, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING THE BUDGET FOR FISCAL
YEAR 2009-10 AND SUCH OTHER MATTERS AS REQUIRED;" 3) Adopt
Resolution No. 1389, "A RESOLUTION OF THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING THE BUDGET FOR FISCAL YEAR 2009-10
AND SUCH OTHER MATTERS AS REQUIRED;" and 4) Direct the City
Manager/Executive Director and Director of Finance and Treasurer to
make the appropriate modifications to the Budget and prepare the final
budget document for Fiscal Year 2009-10. Motion Councilmember
Weigel, seconded by Councilmember Hutcheson and unanimously
carried on a roll call vote.
4.13. LOFT PARTNERS PALM SPRINGS LLC, THE DEVELOPMENT OF 200
HOTEL ROOMS AND UP TO 200 CONDOMINIUM UNITS AT THE
NORTHWEST CORNER OF AMADO ROAD AND AVENIDA
CABALLEROS, CASE 5.1132 PDD 333 AND CASE 13002 TTM 35236:
Withdrawn from the Agenda at the request of staff.
City Council Minutes
June 17, 2009
Page 14
5. NEW BUSINESS:
5.A. AGREEMENT FOR PLACEMENT AND LOAN OF ARTWORK FROM
THE PALM SPRINGS ART MUSEUM:
Tom Wilson, Assistant City Manager, provided background information as
outlined in the staff report dated June 17, 2009.
ACTION: 1) Approve the Agreement for Placement and Loan of Artwork
between the City of Palm Springs and the Palm Springs Art Museum, for
the artwork at the Airport and delaying the piece at City Hall; and 2)
Authorize the City Manager to execute all necessary documents. A5860.
Motion Councilmember Hutcheson, seconded by Councilmember
Foat and unanimously carried on a roll call vote.
5.13. APPROVE AN AGREEMENT FOR PURCHASE QF PUBLIC ARTWORK
WITH THE RED DOT GALLERY FOR $16,000 FOR PLACEMENT AT
538 NORTH PALM CANYON DRIVE, IN FRONT OF THE PALM
CANYON THEATRE:
Tom Wilson, Assistant City Manager, provided background information as
outlined in the staff report dated June 17, 2009.
The City Council discussed and/or commented on the proposed artwork:
other sculpture proposed of Frank Sinatra, the status and placement near
the "squiggle" pieces, requested alternative locations, and a meeting with
the Public Arts Commission to discuss goals.
ACTION: Continue to the June 24, 2009 City Council meeting. Motion
Councilmember Hutcheson, seconded by Councilmember Weigel
and unanimously carried on a roll call vote.
5.C. APPROVE A REQUEST FOR STATEMENTS OF QUALIFICATIONS
FOR ENERGY MANAGEMENT SERVICES (SOQ 11-09):
Dave Barakian, City Engineer, provided background information as
outlined in the staff report dated June 17, 2009.
The City Council discussed and/or commented on the following with
respect to the SOQ: the background of the Co-Gen plant, number of firms
or local firms that could meet the qualifications, limiting the SOO award to
one firm, as several firms may have an expertise in certain areas.
Mayor Pro Tem Mills requested the SOQ be amended to reduce the
number of projects in the criteria to three or modified so that the number of
projects is not a pass/or fail, adding a professional [even if paid] to be on
the evaluation committee, adding flexibility for firms to give us suggestions
City Council Minutes
June 17, 2009
Page 15
throughout the City that may meet the criteria, change the main focus off
of the Co-Gen to other types of alternatives.
ACTION: 1) Approve release of the Request for Statements of
Qualifications (SOQ 11-09), for Energy Management Services as
amended incorporating the recommendations of Mayor Pro Tem Mills; and
2) Direct the City Manager to appoint an Evaluation Committee for this
project. Motion Councilmember Foat, seconded by Councilmember
Hutcheson and unanimously carried on a roll call vote.
5.13. PROPOSED RESOLUTION IN SUPPORT OF A "PRESERVE AMERICA
COMMUNITY" DESIGNATION FOR THE CITY OF PALM SPRINGS
AND THE CONTINUED PROTECTION OF HISTORIC RESOURCES IN
THE COMMUNITY:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated June 17, 2009.
ACTION: Adopt Resolution No. 22532, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING ITS SUPPORT FOR A PRESERVE AMERICA
COMMUNITY DESIGNATION FOR THE CITY OF PALM SPRINGS AND
FOR CONTINUED PROTECTION OF HISTORIC RESOURCES IN THE
COMMUNITY." Motion Councilmember Foat, seconded by Mayor Pro
Tern Mills and unanimously carried on a roll call vote.
5.E. APPROVE ANNUAL INSURANCE POLICY RENEWALS FOR THE
CITY'S INSURANCE PORTFOLIO FOR FISCAL YEAR 2009-10 AND
APPROVING LOSS CONTROL AN❑ REGULATORY COMPLIANCE
SERVICES:
Continued to the June 24, 2009 City Council meeting.
S.F. PROPOSED RESOLUTION TAKING CERTAIN ACTION WITH
RESPECT TO LITIGATION OVER UNCONSTITUTIONAL DIVERSION
OF LOCAL SHARE OF MOTOR FUEL GAS TAX:
ACTION: Adopt Resolution No. 22533, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING THE CITY ATTORNEY TO COOPERATE WITH THE
LEAGUE OF CALIFORNIA CITIES, OTHER CITIES AND COUNTIES IN
LITIGATION CHALLENGING THE CONSTITUTIONALITY OF ANY
SEIZURE BY STATE GOVERNMENT OF THE CITY'S STREET
MAINTENANCE FUNDS." Motion Councilmember Weigel, seconded
by Councilmember Foat and unanimously carried on a roll call vote.
City Council Minutes
June 17, 2009
Page 16
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Mills requested the City Manager review the agreement with Palm
Springs Power for the use of the Stadium.
Councilmember Hutcheson requested the City Manager bring forth a program to make
contributions/donations as memorials.
Councilmember Foat requested the City Manager meet and discuss a potential Palm
Springs Volunteer Program.
ADJOURNMENT: The City Council adjourned at 9:31 p-m. to an adjourned regular
meeting, Wednesday, June 24, 2009, 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
15T" DAY OF JULY, 2009. p
STEP EN P. POUG ET, MAYOR
-ATTEST:
MES THOMPSON, CITY CLERK