HomeMy WebLinkAbout7/22/2009 - STAFF REPORTS - 2.B. CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
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MINUTES
WEDNESDAY, JULY 1, 2009
Council Chamber
CALL TO ORDER: Mayor Pro Tern Mills called the meeting to order at 6:10 p.m.
PLEDGE OF ALLEGIANCE: Palm Springs Boy Scout Troop 262 led the Pledge.
INVOCATION: Pastor David Sanger, Our Savior's Community Church, led the
Invocation.
ROLL CALL:
PRESENT: Councilmember Foat, Councilmember Hutcheson, Councilmember
Weigel, and Mayor Pro Tern Mills.
ABSENT: Mayor Pougnet.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS:
Mayor Pro Tem Mills and the City Council proclaimed July 2009, as Parks and
Recreation Month in the City of Palm Springs.
Mayor Pro Tern Mills and the City Council recognized Dr. Lorraine Becker and
proclaimed June 25, 2009, as Dr. Lorraine Becker Day in the City of Palm Springs.
Mayor Pro Tern Mills provided an update of the Best of the Best event, the Renaissance
renovation and the 2010 Census.
REPORT OF CLOSED SESSION:
At 5:00 p.m. the meeting was called to order and City Attorney Holland requested the
City Council add one Item to the Closed Session Agenda pursuant to Cal. Gov. Code
Section 54956.8 Conference with Real Property Negotiator, concerning the Desert
Fashion Plaza, as this 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.
ACTION: 1) Make the finding 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 Conference with Property Negotiator, Desert
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City Council Minutes
July 1, 2009
Page 2
Fashion Plaza, 123 N. Palm Canyon Drive, David Ready, Executive Director for the
Community Redevelopment Agency and John Wessman, Wessman Development, to
discuss price and terms of payment (lease). Motion Councilmember Hutcheson,
seconded by Councilmember Weigel, and unanimously carried (4-0) noting the
absence of Mayor Pougnet.
City Attorney Holland reported the City Council recessed into Closed Session to discuss
Items on the Closed Session Agenda. No reportable actions were taken.
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson stated staff has prepared a revised Resolution with Item 2.N,
Councilmember Foat requested Item 2.E. be removed from the Consent Calendar for
separate discussion.
Councilmember Hutcheson requested Item 2.D. be removed from the Consent Calendar
for separate discussion.
Councilmember Weigel noted his abstention on Consent Calendar Items 2.H. and 2.0.
ACTION: Accept the Agenda as amended. Motion Councilmember Weigel,
seconded by Councilmember Foat and unanimously carried 3-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Weigel, and Mayor Pro Tern Mills.
NOES: None.
ABSENT: Councilmember Hutcheson and Mayor Pougnet.
1. PUBLIC HEARINGS:
Councilmember Hutcheson stated he has a property related conflict of interest
with respect to Item 1.A., would not participate in the discussion or the vote, and
left Council Chamber.
I.A. ROYAL STREET COMMUNICATIONS CALIFORNIA, LLC,
APPLICATION FOR A CONDITIONAL USE PERMIT AND VARIANCE
TO INSTALL A 60 FOOT TALL COMMERCIAL COMMUNICATION
ANTENNA DESIGNED AS A MONOPALM AT 1776 NORTH PALM
CANYON DRIVE (CASE 5.0902-C AND 6.516):
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated July 1, 2009.
Mayor Pro Tern Mills opened the public hearing, and the following
speakers addressed the City Council.
City Council Minutes
July 1, 2009
Page 3
VEVTHICA ARVIZU, Royal Street Communications, provided background
information on Royal Street Communication policy, and requested the City
Council support the project.
DAVID ZIMMERMAN, stated the existing tower blended with the
surroundings, and requested the City Council support the project.
No further speakers coming forward, the public hearing was closed.
The City Council discussed and/or commented on the following with
respect to the project: proximity to the school, the height and location of
the surrounding communication antenna, the wrought iron materials for
the gate as opposed to a solid gate on Indian Canyon.
ACTION: Adopt Resolution No. 22535, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 5.0902-C TO INSTALL A
SIXTY FOOT HIGH WIRELESS COMMUNICATION ANTENNA
DESIGNED AS AN ARTIFICIAL PALM TREE AND VARIANCE 6.516 TO
EXCEED MAXIMUM ANTENNA HEIGHT AND REDUCE THE ANTENNA
SETBACK REQUIREMENTS FOR THE PROPERTY LOCATED AT 1776
NORTH PALM CANYON DRIVE," amending the Conditions ofApproval to
provide for a solid gate on Indian Canyon, as approved by staff. Motion
Councilmember Weigel, seconded by Councilmember Foat and
unanimously carried 3-0 on a roll call vote.
AYES: Councilmember Foat, Mayor Pro Tern Mills, and
Councilmember Weigel-
NOES: None,
ABSENT: Councilmember Hutcheson and Mayor Pougnet.
Councilmember Hutcheson returned to the dais.
I.B. VICEROY HOTEL CONSIDERATION OF A REVOCATION OR
MODIFICATION OF AN EXISTING CONDITIONAL USE PERMIT
LOCATED AT 415 SOUTH BELARDO ROAD (CASE 5.090-CUP):
ACTION: 1) Continue the Public Hearing to July 22, 2009, with no public
testimony at this time; and 2) Direct the City Clerk to post a notice of
continuance. Motion Councilmember Weigel, seconded by
Councilmember Foat and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Hutcheson, Mayor
Pro Tern Mills, and Councilmember Weigel.
NOES: None.
ABSENT: Mayor Pougnet.
City Council Minutes
July 1, 2009
Page 4
PUBLIC COMMENT:
DAVID GRAY, Board of Library Trustees, requested the City Council expedite the
appointment process for the Library Board.
DENNIS ROSENBERG, commented on the regulation of Taxi Cabs by SunLine.
COUNCILMEMBER COMMENTS:
Councilmember Foat requested the City Manager review the issues with SunLine and
the process and regulations with respect to the Taxi Cab industry.
CITY MANAGER'S REPORT: City Manager Ready provided an employee Spotlight on
the Code Enforcement Staff, provided an update on the activities of Code Enforcement
and an update on the Palm Springs Racquet Club.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2,C., 2.F. 2.G., 2.H., 21, 2.J., 2.K., 21., 2.M.,
2.N., and 2.0. Motion Councilmember Weigel, seconded by Councilmember
Foat and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Hutcheson, Mayor Pro Tem
Mills, and Councilmember Weigel.
NOES: None.
ABSENT: Mayor Pougnet,
2.A, REPORT ON POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the July 1, 2009, City
Council Agenda. Approved as part of the Consent Calendar.
2.13. TREASURER'S INVESTMENT REPORT AS OF MAY 31, 2009:
ACTION: Receive and file the City Treasurer's Investment Report as of
May 31, 2009. Approved as part of the Consent Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 22536, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1035994 THROUGH 1036196 IN THE AGGREGATE
AMOUNT OF $1,868,631.03, DRAWN ON BANK OF AMERICA;" 2) Adopt
Resolution No. 22537, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1036197
THROUGH 1036271 IN THE AGGREGATE AMOUNT OF $150,909.57,
DRAWN ON BANK OF AMERICA;" 3) Adopt Resolution No. 22538, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
City Council Minutes
July 1, 2009
Page 5
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL
WARRANTS FOR THE PERIOD ENDED 6-13-09 BY WARRANTS
NUMBERED 414728 THROUGH 414759 TOTALING $48,965.37,
LIABILITY CHECKS NUMBERED 1036272 THROUGH 1036292
TOTALING $152,009.04, FIVE WIRE TRANSFERS FOR $62,45820,
AND THREE ELECTRONIC ACH DEBITS OF $1,045,583,35, IN THE
AGGREGATE AMOUNT OF $1,309,015.96, DRAWN ON BANK OF
AMERICA;" and 4) Adopt Resolution No. 22539, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANT
NUMBERED 1036293, IN THE AMOUNT OF $117,376.88, DRAWN ON
BANK OF AMERICA." Approved as part of the Consent Calendar.
2.F. AWARD OF CONTRACT FOR THE PALM SPRINGS HIGH SCHOOL
TRAFFIC SIGNAL INSTALLATION AT BARISTO ROAD (CP 07-13):
ACTION: 1) Approve an agreement for the Palm Springs Highs School
Traffic Signal Installation Project (CP 07-13); and 2) Authorize the City
Manager to execute all necessary documents. A5864. Approved as part
of the Consent Calendar.
2.G. AMENDMENT NO. 2 TO AGREEMENT NO. A5090 FOR REAL
PROPERTY SERVICES WITH RIVERSIDE COUNTY FOR THE INDIAN
AVENUE / INTERSTATE 10 INTERCHANGE (CP 00-14);
ACTION: 1) Approve Second Amendment to Agreement No. A5090 with
the County of Riverside, in the amount of $60,000 for a revised total
contract amount of $259,800 for real property services associated with the
Indian Avenue/Interstate 10 Interchange (CP 00-14); and 2) Authorize the
City Manager to execute all necessary documents. A5090. Approved as
part of the Consent Calendar,
2.H. CHANGE ORDER NO. 1 TO COMMUNITY REDEVELOPMENT
AGENCY AGREEMENT NO. A5853 WITH G & M CONSTRUCTION FOR
THE SOUTH PALM CANYON DRIVE WIDENING PROJECT (CP 05-03):
ACTION: 1) Approve Change Order No. 1 to Community Redevelopment
Agency Agreement No. A5853 with G&M Construction, in the amount of
$378,603.96 for a revised total contract amount of $970,137.14 for the
South Palm Canyon Drive Widening Project (CP 05-03); and 2) Authorize
the Assistant Executive Director, or his designee, to execute all necessary
documents. A5853. Approved as part of the Consent Calendar, noting
the abstention of Councilmember Weigel.
2.1. DESIGNATION OF A VOTING DELEGATE FOR THE LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE SEPTEMBER 16-18,
2009:
ACTION: Appoint Councilmember Hutcheson as the Voting Delegate for
the 2009 League of California Cities Annual Conference in San Jose,
City Council Minutes
July 1, 2009
Page 6
California, September 16-18, 2009- Approved as part of the Consent
Calendar.
2.J. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF
CATHEDRAL CITY TO THE PALM SPRINGS INTERNATIONAL
AIRPORT COMMISSION FOR THE TERM ENDING JUNE 30, 2012:
ACTION: Appoint Commissioner Samuel Medrano, as the City of
Cathedral City representative, to the Palm Springs International Airport
Commission for the term ending June 30, 2012. Approved as part of the
Consent Calendar.
2.K. RATIFY AND APPOINT THE NOMINATION OF THE CITY OF INDIAN
WELLS TO THE PALM SPRINGS INTERNATIONAL AIRPORT
COMMISSION FOR THE TERM ENDING JUNE 30, 2011:
ACTION: Appoint Robert Wilmeth, as the City of Indian Wells
representative, to the Palm Springs International Airport Commission for
the term ending June 30, 2011. Approved as part of the Consent
Calendar.
21. APPROVE AN AGREEMENT WITH NBS GOVERNMENT FINANCE
GROUP FOR ASSESSMENT DISTRICT ADMINISTRATION:
ACTION: 1) Approve an agreement with NBS Government Finance Group
for assessment district administration services for Fiscal Year 2009-10, in
an amount not to exceed $28,800; and 2) Authorize the City Manager to
execute all necessary documents. A5668. Approved as part of the
Consent Calendar.
2.M. ACCEPT WITH REGRET THE RESIGNATION OF MARK SPOHN FROM
THE VILLAGEFEST BOARD FOR THE TERM ENDING JUNE 30, 2010;
ACTION: 1) Accept the resignation of Mark Spohn; 2) Direct the City Clerk
to post a Notice of Vacancy for the unexpired term ending June 30, 2010;
and 3) Direct the City Clerk to fill the vacancy as part of the 2009 Annual
Recruitment of Commissions and Boards. Approved as part of the
Consent Calendar.
2.N. JOINT ITEM OF THE CITY COUNCIL AND THE COMMUNITY
REDEVELOPMENT AGENCY AUTHORIZING THE CITY ATTORNEY
AND AGENCY LEGAL COUNSEL TO COOPERATE WITH THE
CALIFORNIA REDEVELOPMENT ASSOCIATION, OTHER CITIES AND
COUNTIES IN LITIGATION CHALLENGING THE CONSTITUTIONALITY
OF ANY SEIZURE BY STATE GOVERNMENT OF REDEVELOPMENT
FUNDS,-
ACTION: Adopt City Council Resolution No. 22540 and Community
Redevelopment Agency Resolution No- 1390, "A JOINT RESOLUTION
OF THE CITY COUNCIL AND COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA,
City Council Minutes
July 1, 2009
Page 7
AUTHORIZING THE CITY"ATTORNEY/AGENCY LEGAL COUNSEL TO
COOPERATE WITH THE CALIFORNIA REDEVELOPMENT
ASSOCIATION, THE LEAGUE OF CALIFORNIA CITIES, AND OTHER
CITIES AND COUNTIES IN LITIGATION CHALLENGING THE
CONSTITUTIONALITY OF ANY SEIZURE BY STATE GOVERNMENT
OF REDEVELOPMENT FUNDS." Approved as part of the Consent
Calendar.
2.0. JOINT ITEM OF THE CITY COUNCIL AND THE COMMUNITY
REDEVELOPMENT AGENCY APPROVING AN AMENDED AND
RESTATED SUBDIVISION IMPROVEMENT AGREEMENT WITH IRP EL
PORTAL ASSOCIATES, LLC ASSOCIATED FOR TENTATIVE TRACT
MAP 30050:
ACTION: (CITY COUNCIL) 1) Approve the amended conditions of
approval for Tentative Tract Map 30050; 2) Approve the Amended and
Restated Subdivision Improvement Agreement No. A4955 by and
between the City of Palm Springs and Community Redevelopment Agency
of the City of Palm Springs and IRP El Portal Associates, LLC associated
with Tentative Tract Map 30050; and 3) Authorize the City Manager to
execute all necessary documents. COMMUNITY REDEVELOPMENT
AGENCY: 1) Approve the Amended and Restated Subdivision
Improvement Agreement No. A4955 by and between the City of Palm
Springs and Community Redevelopment Agency of the City of Palm
Springs and IRP El Portal Associates, LLC associated with Tentative Tract
Map 30050; and 2) Authorize the Executive Director to execute all
necessary documents. A4955. Approved as part of the Consent
Calendar, noting the abstention of Councilmember Weigel.
EXCLUDED CONSENT CALENDAR:
2.D. AMENDMENT NO. 9 TO THE AMENDED AND RESTATED WASTEWATER
SERVICES AGREEMENT NO. A4123 WITH VEOLIA WEST OPERATING
SERVICES, INC., FORMERLY VEOLIA WATER NORTH AMERICA-WEST,
LLC:
The City Council discussed and/or commented on the monthly billing fee.
ACTION: 1) Approve Amendment No. 9 to the Amended and Restated
Wastewater Services Agreement No. A4123 with Veolia West Operating
Services, Inc., formerly Veolia Water North America-West, LLC; and 2) Authorize
the City Manager to execute all necessary documents. A4123. Motion
Councilmember Hutcheson, seconded by Councilmember Foat and
unanimously carried 4-0 on a roll call vote.
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City Council Minutes
July 1, 2009
Page 8
AYES: Councilmember Foat, Councilmember Hutcheson, Mayor Pro Tern
Mills, and Councilmember Weigel.
NOES: None.
ABSENT: Mayor Pougnet.
2.E. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PSB.E) AND
AUTHORIZATION TO BID THE GENE AUTRY TRAIL GATEWAY
LANDSCAPE IMPROVEMENT PROJECT, CP 06-03, FEDERAL AID
PROJECT NO. ESPLE-5282 (027):
The City Council discussed and/or commented on the following with respect to
the proposed park: funds provided by the Federal Stimulus Package can only be
used for that purpose, as opposed to the City's General Fund and/or other funds,
the project is a Gateway improvement project, and the applicability of the local
preference ordinance-
ACTION; Approve the plans, specifications, and working details, and authorize
bidding for the Gene Autry Trail Gateway Landscape Improvement Project (CP
06-03)- Motion Councilmember Foat, seconded by Councilmember Weigel
and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Hutcheson, Mayor Pro Tern
Mills, and Councilmember Weigel.
NOES: None.
ABSENT: Mayor Pougnet.
3. LEGISLATIVE: None.
4, UNFINISHED BUSINESS: None.
5. NEW BUSINESS: None.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Hutcheson requested the City Manager place on an upcoming agenda
a discussion to facilitate cooperation by property owners in the Downtown area window
display program, and requested Craig Ewing, Director of Planning, provide a status
report on the process of issuing a demolition permit for the Town and Country Center.
Councilmember Weigel requested the City Manager schedule a Study Session to
provide an update and discussion on the status of the City Council goals and priorities
as set by the City Council-
Councilmember Foat commented on the progress of a Volunteer Program for the City of
Palm Springs.
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City Council Minutes
July 1, 2009
Page 9
Councilmember Mills requested Amy Blaisdell, Director of Communications, provide an
update on the City of Palm Springs Fourth of July celebration.
ADJOURNMENT: The City Council adjourned at 7:12 p.m. to a Regular Meeting,
Wednesday, July 15, 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
22ND DAY OF JULY, 2009.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
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CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
e: .
SPECIAL MEETING MINUTES
WEDNESDAY, JULY 15, 2009
Large Conference Room
CALL TO ORDER: Mayor Pougnet called the Special Meeting to order at 4:16 p.m.
ROLL CALL:
PRESENT: Councilmember Hutcheson, Councilmember Weigel, Mayor Pro
Tern Mills, and Mayor Pougnet.
ABSENT: Councilmember Foat.
ALSO PRESENT: City Clerk Thompson.
1. PUBLIC COMMENT: None.
2. INTERVIEW AND APPOINT APPLICANTS TO THE PLANNING
COMMISSION:
The City Council interviewed the following candidate for the Planning
Commission: Jon Shoenberger. No action taken.
3. COUNCILMEMBER REQUESTS: None.
ADJOURNMENT: The City Council adjourned at 4:29 p.m. to Closed Session at 4:30
P.M,
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS
22N° DAY OF JULY, 2009.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
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