HomeMy WebLinkAbout4/15/2009 - STAFF REPORTS - 2.B. CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
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ADJOURNED MEETING AND JOINT MEETING MINUTES
WITH THE AGUA CALIENTE TRIBAL COUNCIL
WEDNESDAY, APRIL 8, 2009
Palm Springs Convention Center, Primrose C
CALL TO ORDER: Mayor Pougnet and Tribal Chairman Milanovich called the meeting
to order at 5:08 p.m.
CITY COUNCIL ROLL CALL:
PRESENT: Councilmember Foat, Councilmember Hutcheson, Councilmember
Weigel, Mayor Pro Tem Mills, and Mayor Pougnet.
ABSENT: None.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
TRIBAL COUNCIL ROLL CALL:
PRESENT: Richard M. Milanovich, Chairman, Jeff L. Grubbe, Vice Chairman,
Karen Welmas, Secretary/Treasurer, Vincent Gonzales III,
Member, Jeannette Prieto-Dodd, Member (arrived at 5:19).
ABSENT: None.
ALSO PRESENT: Tom Davis, Tribal Council Chief Planning Officer, Art Bunce, Tribal
Attorney, and Michelle Carr.
INTRODUCTIONS:
Chairman Milanovich introduced new Secretary/Treasurer Welmas and new Tribal
Member Gonzales.
City Manager Ready introduced City staff, and Tribal Staff introduced themselves.
PUBLIC COMMENT:
JOHN TYMON, requested assistance from the Tribal Council on the subject of elder
abuse and Indian Land space rentals.
ITEM NO. 2 .
City Council Minutes
April 8, 2009
Page 2
1. DISCUSSION ITEMS:
1.A. MUSEUM MARKET PLAZA UPDATE AND STATUS REPORT:
Thomas Wilson, Assistant City Manager, provided an updated on the
Museum Market Plaza, the current Specific Plan, and the timetable for
adoption of the Specific Plan on May 13, 2009, and the current status of
the renovation plan.
Tom Davis, Tribal Chief Planning and Development Officer, requested City
staff provide additional information with respect to the Specific Plan and
how it relates to the City's General Plan, and the renovation plan.
Discussion was held regarding the renovation plan as it relates to the
Specific Plan.
Chair Milanovich thanked the City Council and Planning Staff for the effort
on the Specific Plan.
No action taken.
Tribal Member Jeannette Prieto-Dodd arrived at 5:19 p.m.
1.13. RAMON ROAD WIDENING, SAN LUIS REY DRIVE TO LANDAU BLVD:
David Barakian, City Engineer, provided background information on the
Ramon Road Widening and the Whitewater Bridge, stated the project has
been approved for funding with CVAG, and the City is in the process of
selecting the design consultant.
Discussion was held regarding the widening as it relates to the widening of
the road and bridge to six lanes, and the consistent width of the road,
Federal assistance for the project, including the bridge widening, and the
timeframe for the project is three to four years before the funding phase.
No action taken.
I.C. INTERSTATE 10/INDIAN CANYON DRIVE AND INTERSTATE 10/GENE
AUTRY TRAIL INTERCHANGE PROJECTS:
David Barakian, City Engineer, provided background information on the
Indian and Gene Autry Interchanges, and stated the issues with utilities
have been resolved, and Gene Autry will be the first interchange to be
constructed, scheduled to begin November, 2009, with a two year
construction process.
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City Council Minutes
April 8, 2009
Page 3
City Engineer Barakian stated the Indian Canyon project should be
cleared for construction February, 2010, with an issue with one right-of-
way property owner which may cause delay.
Discussion was held regarding the final design of the Interchange.
No action taken.
I.D. VISTA CHINO BRIDGE OVER WHITEWATER RIVER (NEW GRANT
APPLICATION WITH CALTRANS):
David Barakian, City Engineer, provided background information on the
proposed Vista Chino Bridge project, stated a request has been submitted
in the amount of $90 million under the Low Water Crossing Program,
commented on the impact to Vista Chino during storms.
Discussion was held regarding the size of the bridge, a four lane bridge,
and the length of the proposed bridge, the cost and the grant amount.
No action taken.
1.E. UPDATE ON BELARDO ROAD PROJECT:
Margaret Park, Tribal Director of Planning and Natural Resources
provided an update on the Belardo Road Project, and stated the project is
out for public comment, and the environmental studies and process should
be completed by July, and then would be subject to right-of-way
acquisitions.
Discussion was held regarding the construction timeline, the construction
could not be started until the right-of-way acquisitions are complete, the
project as it relates to the Tahquitz trails.
No action taken.
I.F. WHITEWATER RANCH (OPPORTUNITIES FOR JOINT
COLLABORATION):
Todd Hooks, Tribal Economic Development Director, provided background
information on 200 acres of Tribal property known as Whitewater Ranch,
commented on the access to the property from Interstate 10, the Caitrans
Highway Oasis program, and opportunity for joint planning and
construction of the property.
Discussion was held regarding the opportunities to the Tribe and City, and
a gateway property to the City, and the impact of the MSHCP on the
property, the current uses around the property for renewal energy,
upgrade of the rail system to the area.
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City Council Minutes
April 8, 2009
Page 4
No action taken.
I.G. UPDATE ON THE STATUS OF THE FEDERAL STIMULUS
PROGRAMS/AMERICAN RECOVERY AND REINVESTMENT ACT OF
2009:
City Manager Ready provided an update on the Status of the Federal
Stimulus Programs, stated the City is finalizing the project lists the City will
apply for, and recommend the City staff and Tribal staff look at regional
applications if appropriate.
Discussion was held regarding the status of some the transportation
grants and police grants, and the joint lobby efforts in Sacramento.
No action taken.
1.1-1. IDENTIFICATION AND DISCUSSION OF JOINT GRANT
OPPORTUNITIES AND APPLICATIONS:
Alva Johnson, Tribal Director of Government Affairs provided an update
on the Federal lobbying efforts.
Discussion was held on the City providing letters of support.
No action taken.
IDENTIFICATION OF FUTURE AGENDAIDISCUSSION ITEMS:
Commercial rail service.
Update of the Federal Stimulus Programs.
Museum Market Plaza update.
COUNCILMEMBERITRIBAL COUNCIL COMMENTS:
Mayor Pougnet requested Fire Chief Goetz and Police Chief Dominguez provide an
update on the recent 50 acre fire in Palm Springs.
Chairman Milanovich thanked the City Council for the upgrades and renovation at the
Palm Springs International Airport.
The Joint Meeting with the Tribal Council adjourned at 6:15 p.m., and the City Council
recessed.
The City Council reconvened at 6:22 p.m. and continued with the Adjourned Regular
Meeting.
City Council Minutes
April 8, 2009
Page 5
2, REGULAR MEETING ITEMS:
2.A. APPROVE THE SCHEMATIC DESIGN OF THE ANIMAL SHELTER
AND ESTABLISH THE PROJECT MASTER BUDGET:
Al Smoot, Owners' Representative, provided background information as
outlined in the staff report dated April 8, 2009.
The City Council discussed the estimate and eliminating square footage
and programs due to the cost without building structural changes, the
inclusion of the Friends of the Animal Shelter and Animal Control staff to
evaluate the modifications, and the clarification of the recommendation in
reference to no changes to the footprint of the building.
ACTION: 1) Approve the Animal Shelter Schematic Design dated
February 17, 2009 as modified by Staff Recommendations dated March
27, 2009; 2) Establish the Master Budget for construction of $6,000,000;
and 3) Authorize the Design Team to submit the project to the Planning
Department and Design Development. Motion Councilmember Weigel,
seconded by Councilmember Foat and unanimously carried on a roll
call vote.
3. RECESS TO CLOSED SESSION:
City Attorney Holland requested the City Council consider adding one Item to the
Closed Session Agenda pursuant to Government Code Section 54956.8,
Conference with Real Property Negotiator, for the Racquet Club property leased
by the City from the Palm Springs Unified School District to discuss price and
terms of the lease.
Mayor Pro Tern Mills stated he has a business related conflict of interest with
respect to the request to add the Closed Session Item with the Palm Springs
Unified School district, and would not participate in the discussion or the vote to
add the Item to the Closed Session Agenda.
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 act on the
Item; and 2) Add to the Closed Session Agenda Conference with Real Property
Negotiator to discuss price and terms of lease of the Palm Springs Unified
School District Property located at the Racquet Club. Motion Councilmember
Foat, seconded by Councilmember Weigel and unanimously carried (4-0)
noting the absence of Mayor Pro Tern Mills.
The City Council recessed at 6:35 p.m. to Closed Session to discuss Items on
the Closed Session Agenda. See Closed Session Agenda.
The City Council reconvened into Open Session at 7:38 p.m.
City Council Minutes
April 8, 2009
Page 6
4. REPORT OF CLOSED SESSION: City Attorney Holland stated the City Council
took no reportable actions in Closed Session,
ADJOURNMENT: The City Council adjourned at 7:40 p.m. to the Regular Meeting on
Wednesday, April 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
157H DAY OF APRIL, 2009.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
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CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
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MINUTES
WEDNESDAY, April 1, 2009
City Hall Council Chamber
CALL, TO ORDER: Mayor Pougnet called the meeting to order at 6:10 p.m.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge.
NATIONAL ANTHEM: Palm Springs High School Band performed the National
Anthem.
INVOCATION: Duane Cox, Retired Religious Science Minister, led the Invocation.
ROLL CALL:
PRESENT: Councilmember Foat, Councilmember Hutcheson, Councilmember
Weigel, Mayor Pro Tem Mills, and Mayor Pougnet.
ABSENT: None.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS:
The City Council received a presentation from the Palm Springs High School on the
Asian American Expo Project 2009, and the Mayor and City Council presented a
Commendation to the Officers of the Palm Springs High School International Business
Club.
The City Council received a presentation and update on the Palm Springs Business
Improvement District activities and projects.
Councilmember Weigel provided update of the Palm Springs SWAT Team 30th
Anniversary.
Councilmember Foat provided an update of the recent Dog Day Afternoon.
Mayor Pougnet and the City Council presented Certificate of Commendations to the
Palm Springs Boxing Club members.
The City Council received a presentation and update on the activities and events at the
Palm Springs Baseball Stadium.
City Council Minutes
April 1, 2009
Page 2
Mayor Pougnet outlined the activities of the grand re-opening of the redesigned Palm
Springs International Airport Courtyard.
Mayor Pougnet provided an update of the grand re-opening of the renovated Travel
Lodge.
REPORT OF CLOSED SESSION: City Attorney Holland stated that at 4:30 p.m. the
meeting was called to order and the City Council recessed into Closed Session to
discuss Items on the Closed Session Agenda. City Attorney Holland stated the City
Council provided direction to the City Attorney on the Robert Anzovino claim, and
denied the Eric C.L. Bennett for Joan M. Luca claim, otherwise no reportable actions
were taken.
ACCEPTANCE OF THE AGENDA:
Councilmember Foat requested Item 2.D. be removed from the Consent Calendar for
separate discussion.
Councilmember Weigel requested Item 2.E. be removed from the Consent Calendar for
separate discussion.
ACTION: Accept the Agenda as amended. Motion Mayor Pro Tern Mills, seconded
by Councilmember Hutcheson and unanimously carried on a roll call vote.
1. PUBLIC HEARINGS:
1.A. 35TH PROGRAM YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT 2009-10 ANNUAL ACTION PLAN AND CDBG BUDGET
APPROVAL, AUTHORIZATION TO SUBMIT TO THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GRANT
NO. B-09-MC-06-0561 IN THE AMOUNT OF $506,696 AND
APPROVING SUBRECIPIENT AGREEMENTS:
Dale Cook, Community Development Administrator, provided background
information as outlined in the staff report dated April 1, 2009.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
ROBERT BINKOW, Palm Springs Sunup Rotary , outlined the programs
of the Palm Springs Sunup Rotary Club, and requested the City Council
fund the program.
BARRY DAYTON, Desert AIDS Project, outlined the programs at Desert
AIDS Project and requested the City Council fund the program.
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City Council Minutes
April 1, 2009
Page 3
ALANNA REICHLE, Police Activities League, outlined the programs of the
PAL, and requested the City Council fund the program.
DEBORAH SUTTON, CASA, outlined the programs of CASA and
requested the City Council fund the program.
DEAN LOCKWOOD, outlined the programs at the Mizell Senior Center,
and requested the City Council fund the program.
WALTER REED, outlined the programs at the AIDS Assistant Program,
and requested the City Council fund the program.
ROSE MAYES, Fair Housing Council, outlined the programs at the Fair
Housing Council of Riverside County, and requested the City Council fund
the program.
No further speakers coming forward, the public hearing was closed.
Councilmember Weigel requested staff address the funding of the grants,
and explain the rating criteria to determine the programs and the grant
applications.
Councilmember Foat requested staff address ongoing monitoring of the
grants after award of the grant, prevailing wages requirements, and
requested the City Council receive a synopsis of the grants.
ACTION; 1) Adopt Resolution No. 22459, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING THE 2009-10 COMMUNITY DEVELOPMENT BLOCK
GRANT ANNUAL ACTION PLAN AND FISCAL YEAR 2009-10 BUDGET,
AND AUTHORIZING THE SUBMITTAL OF THE PLAN AND BUDGET TO
THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT; and 2) Authorize the City Manager to execute the
Agreement with the United States Department of Housing and Urban
Development;" 4) Approve the following Subrecipient Agreements and City
Departments Memoranda of Understanding in a form acceptable to the
City Attorney and Authorize the City Manager to execute all necessary
documents; and 5) Authorize the City Manager to adjust the HUD Grant
and Plan and the individual Subrecipient agreements based on the final
HUD allocation to the City.
HUD A5814
DesertAIDS Project $87,250 A5815
Mizell Senior Center $82,000 A5816
Palm Springs Parks and Recreation Dept. $46,483 A5817
Palm Springs Parks and Recreation Dept. $50,370 A5818
City Council Minutes
April 1, 2009
Page 4
Family YMCA of the Desert $26,776 A6819
Palm Springs Public Works Dept. $26,129 A5820
Palm Springs Rotary Foundation $18,000 A5821
Court Appointed Special Advocates $19,500 A5822
AIDS Assistance Program $18,000 A5823
Coachella Valley Police Activities League $20,504 A5824
Palm Springs Community Development Dept. $46,500 A5825
Fair Housing Council of Riverside $15,000 A5826
Motion Councilmember Weigel, seconded by Mayor Pro Tern Mills
and unanimously carried on a roll call vote.
1.6. SWS INVESTMENTS, LLC, APPROVAL OF TENTATIVE PARCEL MAP
34764 TO SUBDIVIDE 10.4 ACRES INTO ELEVEN PARCELS FOR THE
PROPERTY LOCATED ON THE NORTH SIDE OF 20TH AVENUE
APPROXIMATELY 700 FEET WEST OF NORTH INDIAN CANYON
DRIVE (CASE NO. TPM 34764):
David Newell, Associate Planner, provided background information as
outlined in the staff report dated April 1, 2009.
Mayor Pougnet opened the public hearing, and no speakers coming
forward the public hearing was closed.
Councilmember Mills requested staff review the standards in the M-1 and
M-2 zones, and noted a requirement for an eight foot sidewalk, and
requested the City Council consider amending the conditions for a five foot
sidewalk.
Councilmember Hutcheson suggested the Planning Commission should
be part of the process of reviewing standards in the M-1 and M-2 zones.
ACTION: Adopt Resolution No. 22460, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING TENTATIVE PARCEL MAP 34764 TO SUBDIVIDE
APPROXIMATELY 10.4 ACRES INTO ELEVEN PARCELS FOR THE
PROPERTY LOCATED ON THE NORTH SIDE OF 20TH AVENUE
APPROXIMATELY 700 FEET WEST OF NORTH INDIAN CANYON
DRIVE, ZONE M-2, SECTION 15;" amending Condition No. ENG 5 to
require a five (5) foot sidewalk. Motion Councilmember Foat, seconded
by Councilmember Hutcheson and unanimously carried on a roll call
vote.
The City Council recessed at 7:35 p.m.
The City Council reconvened at 7:45 p.m.
The City Council heard Item I.C. following the Consent Calendar Items.
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City Council Minutes
April 1, 2009
Page 5
I.C. PROPOSED DRAFT SPECIFIC PLAN (GENERAL PLAN AND ZONING
TEXT AMENDMENTS) FOR MUSEUM MARKET PLAZA (CASE 5.1204)
TO ALLOW UP TO 955 HIGH-DENSITY RESIDENTIAL UNITS, UP TO
400,000 SQUARE FEET OF COMMERCIAL RETAIL. AND OFFICE
SPACE, AND UP TO 620 HOTEL ROOMS LOCATED AT THE
NORTHWEST CORNER OF N. PALM CANYON DRIVE AND TAHQUITZ
CANYON WAY, AND OTHER NEARBY PROPERTIES:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated April 1, 2009.
Councilmember Hutcheson requested staff address the process of future
City Councils to amend the Specific Plan.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council,
EMILY HEMPHILL, Representing Wessman Development, commented on
the economic feasibility of developing the specific plan, height restrictions,
and the current re-model plan by Wessman Development.
RON MARSHALL, requested the preservation of the Town and Country
Center.
PETER MORUZZI, commented on the EIR and the preservation of the
Town and Country Center.
CHARLES SACHS, requested the City Council look at alternatives to keep
the cost down and keep the views, watch the details.
MICHAEL BRAUN, commented on the Town and Country, and the
sufficiency of the EIR-
JOHN TYMON, stated he was for preservation and restoration,
commented on the Town and Country Center, and stated he is opposed to
angle parking.
No further speakers coming forward the public hearing was closed.
Mayor Pro Tern Mills commented on the current application and process
of the current renovation project, and requested the specific plan not
inhibit a renovation project.
Councilmember Foat commented on the renovation process and the late
submission of testimony.
City Council Minutes
April 1, 2009
Page 6
Councilmember Weigel requested staff address the responsibility of
current maintenance and renovations of the building, requested the City
Attorney address the disposition of the Town and Country Center, the
open space requirement, and the renovation project.
Mayor Pougnet requested staff address the impact to the Town and
Country Center and the level of protection of a potential significant site.
Mayor Pro Tem Mills commented on the future of the site with respect to
the comments made in reference to economic feasibility, requested staff
address the EIR projections, commented on the height limitations, the
feasibility of the number of units, and stated the review, study, and effect
the project can have on the area to the North is missing from the plan.
Councilmember Hutcheson stated the Specific Plan is one of several
paths for the Downtown mall, commented on the renovation plan, stated
he would like a path for the near future, a plan to remove the Fashion
Plaza blight, protect the historic structures, provide flexibility to provide
connectivity for the Museum and the Spa Hotel, stated his opposition to
the height averaging, commented on potential uses, economic conditions,
and open space.
Councilmember Foat stated she would like the City Council to review
further models of the area.
ACTION: 1) Close the public testimony portion of the public hearing and
continue to May 13, 2009; and 2) Direct the City Clerk to post a Notice of
Continued Public Hearing. Motion Councilmember Weigel, seconded
by Councilmember Hutcheson and unanimously carried on a roll call
vote.
PUBLIC COMMENT:
ALLEN RAVERT, commented on Item 2.E., and requested the City Council approve the
suspension of the Noise Ordinance for the event.
BOB ALEXANDER, commented on Item 5.A., and requested the City Council approve
the amendment to the Walk of Stars criteria.
DREW SWEATTE, commented on the 45th Congressional District.
CHARLES SACHS, commented on illegal tree removal at Case de Oro condominium
complex.
COUNCILMEMRER COMMENTS: None.
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City Council Minutes
April 1, 2009
Page 7
CITY MANAGER'S REPORT: None.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., and 2.F. Motion Mayor Pro Tem Mills,
seconded by Councilmember Hutcheson 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 April 1, 2009, City
Council Agenda. Approved as part of the Consent Calendar.
2.13. PROPOSED ORDINANCE PERTAINING TO STATE VIDEO
FRANCHISE HOLDERS:
ACTION: Waive further reading and adopt Ordinance No. 1759, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADOPTING CHAPTER 5.79 OF TITLE 5 OF THE PALM SPRINGS
MUNICIPAL CODE PERTAINING TO STATE VIDEO FRANCHISE
HOLDERS." Approved as part of the Consent Calendar.
2.C, APPOINTMENT OF A CITY COUNCIL SUBCOMMITTEE TO REVIEW
THE DRAFT DOCUMENT THE PALM SPRINGS PATH TO A
SUSTAINABLE COMMUNITY:
ACTION: Appoint Councilmember Foat and Councilmember Hutcheson to
a City Council Subcommittee to review the draft document The Palm
Springs Path to a Sustainable Community. Approved as part of the
Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2.D. AUTHORIZATION TO SUBMIT A GRANT APPLICATION UNDER THE
2009 COMMUNITY ORIENTED POLICING HIRING RECOVERY
PROGRAM:
The City Council discussed and/or commented on the following with
respect to the grant: using the grant funds to fund current positions,
returning the grant to City Council for review prior to acceptance.
ACTION: 1) Authorize the Police Department to submit a 2009 CHRP
grant application to the U.S. Department of Justice, and 2) Authorize the
City Manager to execute all documents. Motion Councilmember Weigel,
seconded by Councilmember Hutcheson and unanimously carried
on a roll call vote.
2.E. TEMPORARILY SUSPEND THE NOISE ORDINANCE ON APRIL 12,
2009, 12:00 P.M. TO 4:00 P.M., FOR AN EVENT LOCATED AT 225 VIA
LOLA ROAD (APPLICATION BY DESERT AIDS PROJECT):
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City Council Minutes
April 1, 2009
Page 8
Councilmember Weigel stated the suspension of noise ordinances is not
good public policy.
ACTION: Adopt Resolution No. 22461, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
SUSPENDING THE NOISE ORDINANCE (CHAPTER 11.74.00) AND
THE NOISE NUISANCE ORDINANCE (CHAPTER 11.08.040) FOR AN
EVENT ON APRIL 12, 2009, FROM 12:00 P.M. TO 4:00 P.M. LOCATED
AT 225 VIA LOLA ROAD." Motion Councilmember Foat, seconded by
Mayor Pougnet and carried 4-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember Hutcheson, Mayor
Pro Tem Mills, and Mayor Pougnet.
NOES: Councilmember Weigel,
3. LEGISLATIVE; None.
4. UNFINISHED BUSINESS.
4.A. STAFF UPDATE ON THE STATUS OF THE FEDERAL STIMULUS
PROGRAMS/AMERICAN RECOVERY AND REINVESTMENT ACT OF
2009:
City Manager Ready provided an update on the City's activities with
respect to the American Recovery and Reinvestment Act of 2009.
No action taken.
5. NEW BUSINESS:
5.A. WALK OF STARS CRITERIA AND SELECTION PROCESS:
City Manager Ready provided background information as outlined in the
staff report dated April 1, 2009.
ACTION; Direct the City Manager to issue written approval of the City to
expand the selection criteria of the Walk of Stars program. A4981. Motion
Councilmember Weigel, seconded by Councilmember Foat and
unanimously carried on a roll call vote.
5.13. DISCUSS NAMING THE PUBLIC ENTRY FOUNTAIN AT THE PALM
SPRINGS INTERNATIONAL AIRPORT IN MEMORY OF FORMER
MAYOR FRANK M. BOGERT:
City Clerk Thompson provided background information on legislative
history with respect to the fountain as outlined in the memorandum dated
April 1, 2009.
City Council Minutes
April 1, 2009
Page 9
ACTION: Direct staff to prepare a Resolution naming the fountain in
memory of former Mayor Frank M. Bogert, donated by Pearl McCallum
McManus. Motion Councilmember Weigel, seconded by Mayor Pro
Tern Mills and unanimously carried on a roll call vote.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Hutcheson requested the City Manager provide for City Council
discussion for public use of construction sites that have been abandoned.
Councilmember Mills requested the City Manager address code compliance issues at
the hotel property on Indian Canyon just North of Billy Reeds Restaurant.
Councilmember Foat commented on the recent Dog Day Afternoon event.
Mayor Pougnet requested the City Manager address the temporary construction fencing
at Alejo and Avenida Caballeros, and stated the fencing should be removed.
ADJOURNMENT: The City Council adjourned in memory_ of former Palm Springs Police
Officer Mike Hanavan, at 10:01, p.m. to a Meeting with the Tribal Council of the Agua
Caliente Band of Cahuilla Indians, Wednesday, April 8, 2009, at 5:00 P.M., Palm
Springs Convention Center, Primrose C Room, 277 North Avenida Caballeros, Palm
Springs, followed by an Adjourned Regular Meeting and Closed Session.
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS
15T" DAY OF APRIL, 2009.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
7,5
CITY COUNCIL
COMMUNITY REDEVELOPMENT AGENCY
CITY OF PALM SPRINGS, CALIFORNIA
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MINUTES
WEDNESDAY, MARCH 25, 2009
City Hall Council Chamber
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:06 p.m,
PLEDGE OF ALLEGIANCE: Mayor Pro Tern Mills led the Pledge.
INVOCATION: Rabi Sally Olins, Temple Isaiah, led the Pledge.
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 Pougnet requested a moment of silence for the fallen City of Oakland Police
Officers.
Mayor Pougnet and the City Council presented a video tribute to former Mayor Frank M.
Bogert.
Police Chief Dominguez and Councilmember Foat announced the upcoming Dog Day
Afternoon event.
Councilmember Weigel announced the activities at the recent United Way Fundraising
event.
Mayor Pougnet and the City Council proclaimed April, 2009 as Child Abuse Prevention
Month in the City of Palm Springs.
REPORT OF CLOSED SESSION: City Attorney Holland stated that at 4:30 p.m. the
meeting was called to order and the City Council recessed into Closed Session to
discuss Items on the Closed Session Agenda. No reportable actions were taken.
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City Council Minutes
March 25, 2009
Page 2
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson stated the recommendation for Consent Calendar Item 2.F.,
should be modified to receive and approve the excused absences of VillageFest Board
Member Mark Spohn, and stated date for Consent Calendar Item 2.1., should be
modified to May 30, 2009.
Mayor Pougnet requested Item 2.N. be removed from the Consent Calendar for
separate discussion.
Councilmember Foat requested Items 2.E. and 2.N. be removed from the Consent
Calendar for separate discussion.
Councilmember Weigel requested Items 2.G., 2.H., 2.1., RA3., and RA5. be removed
from the Consent Calendar for separate discussion.
Mayor Pro Tern Mills noted his abstention on Item 2.B., and requested Item 21. be
removed from the Consent Calendar for separate discussion.
ACTION: Accept the Agenda as amended. Motion Councilmember Weigel,
seconded by Councilmember Foat and unanimously carried on a roll call vote.
1. PUBLIC HEARINGS:
1.A. JOINT MEETING WITH THE SUSTAINABILITY COMMISSION AND
PUBLIC DISCUSSION ON THE CITY OF PALM SPRINGS
SUSTAINABILITY MASTER PLAN AND CITY COUNCIL PUBLIC
HEARING APPROVING THE PALM SPRINGS ENERGY EFFICIENCY
PROGRAM AND THE REPORT PREPARED BY THE AUTHORIZED
OFFICER, ESTABLISHING A CONTRACTUAL ASSESSMENT
PROGRAM TO FINANCE (AB811) ENERGY IMPROVEMENTS, AND
CONFIRMING ASSESSMENTS TO BE LEVIED:
ACTION: 1) Continue the Public Hearing to May 13, 2009; 2) Direct the
City Clerk to post a Notice of Continued Public Hearing; and 3) Direct the
City Clerk to place the appointment of a City Council Subcommittee on the
April 1, 2009, City Council Agenda to review the draft document The Palm
Springs Path to a Sustainable Communit . Motion Councilmember
Foat, seconded by Mayor Pro Tem Mills and unanimously carried on
a roll call vote.
1.13. 35TH PROGRAM YEAR COMMUNITY DEVELOPMENT BLACK
GRANT 2009-10 ANNUAL ACTION PLAN AND CDBG BUDGET
APPROVAL, AUTHORIZATION TO SUBMIT TO THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GRANT
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March 25, 2009
Page 3
NO. B-09-MC-06-0561 IN THE AMOUNT OF $506,696 AND
APPROVING SUBRECIPIENT AGREEMENTS:
ACTION: 1) Continue the Public Hearing to April 1, 2009, with no public
testimony at this time; 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.
The City of Palm Springs Community Redevelopment Agency convened at 6:31
p.m. for a Joint Meeting with the City Council.
Councilmember Mills stated he has a property related conflict of interest with
respect to the Ramon Road property in Item 1.C., and requested the City Council
bifurcate the discussion and the vote, and he would then not participate in the
discussion and the vote for the Ramon Road property.
I.C. JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE
COMMUNITY REDEVELOPMENT AGENCY APPROVING THE SALE
OF TWO PARCELS FROM THE AGENCY TO THE CITY LOCATED AT
3845 EAST RAMON ROAD (PROJECT AREA NO. 1) AND THE
NORTHEAST CORNER OF JIMINEZ CIRCLE AND ROSA PARKS
ROAD (PROJECT AREA NO. 1) AND THE ACCEPTANCE OF A
PROMISSORY NOTE IN THE AMOUNT OF 49,950:
Tom Wilson, Assistant City Manager, provided background information as
outlined in the staff report dated March 25, 2009.
Mayor Pougnet opened the public hearing for the Jiminez Circle property,
and no speakers coming forward the public hearing was closed.
ACTION: 1) Adopt Resolution No. 1380, "A RESOLUTION OF THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING THE SALE TO THE CITY OF
PALM SPRINGS THE PROPERTY LOCATED AT THE NORTHEAST
CORNER OF JIMINEZ CIRCLE AND ROSA PARKS ROAD (APN 669-
353-001) IN THE AMOUNT OF $22,500, AND THE ACCEPTANCE OF A
PROMISSORY NOTE IN THE AMOUNT OF $22,500;" [CITY COUNCIL]
2) Adopt Resolution No. 22245, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING THE PURCHASE FROM THE COMMUNITY
REDEVELOPMENT AGENCY THE PROPERTY LOCATED AT THE
NORTHEAST CORNER OF JIMINEZ CIRCLE AND ROSA PARKS ROAD
(APN 669-353-001) IN THE AMOUNT OF $22,500, AND APPROVING
THE ISSUANCE OF A PROMISSORY NOTE IN THE AMOUNT OF
$22,500;" and 3) Authorize the Executive Director on behalf of the Agency,
and the City Manager on behalf of the City, to execute all documents
related to the transaction in a form acceptable to the City Attorney. Motion
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March 25, 2009
Page 4
Mayor Pro Tom Mills, seconded by Councilmember Hutcheson and
unanimously carried on a roll call vote.
Councilmember Mills left Council Chamber for the Ramon Road portion of
the Public Hearing and vote.
Mayor Pougnet opened the public hearing for the Ramon Road property,
and no speakers coming forward the public hearing was closed.
ACTION: 1) Adopt Resolution No. 1381, "A RESOLUTION OF THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING THE SALE TO THE CITY OF
PALM SPRINGS THE PROPERTY LOCATED AT 3845 EAST RAMON
ROAD (APN 680-041-004) IN THE AMOUNT OF $27,450, AND THE
ACCEPTANCE OF A PROMISSORY NOTE IN THE AMOUNT OF
$27,450;" [CITY COUNCIL] 2) Adopt Resolution No. 22246, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING THE PURCHASE FROM THE
COMMUNITY REDEVELOPMENT AGENCY THE PROPERTY LOCATED
AT 3845 EAST RAMON ROAD (APN 680-041-004) IN THE AMOUNT OF
$27,450, AND APPROVING THE ISSUANCE OF A PROMISSORY NOTE
IN THE AMOUNT OF $27,450;" and 3) Authorize the Executive Director
on behalf of the Agency, and the City Manager on behalf of the City, to
execute all documents related to the transaction in a form acceptable to
the City, Attorney. Motion Councilmember Weigel, seconded by
Councilmember Hutcheson and unanimously carried 4-0 on a roll call
vote.
AYES: Councilmember Foat, Councilmember Hutcheson,
Councilmember Weigel, and Mayor Pougnet.
NOES: None.
ABSENT: Mayor Pro Tom Mills.
Councilmember Mills returned to the dais.
PUBLIC COMMENT:
ERIC MEEKS, requested the City Council consider modifying the rules for VillageFest to
allow books sales.
DAVID CARDEN, spoke in support of Item 2.G., the suspension of the Noise Ordinance
for the White Party_
GARY JOHNS, requested the City Council consider the use of the AAC for more issues
and projects.
City Council Minutes
March 25, 2009
Page 5
BILL RANSOM, spoke in support of Item 2.G., the suspension of the Noise Ordinance
for the White Party.
JEFFREY SANKER, spoke in support of Item 2.G., the suspension of the Noise
Ordinance for the White Party.
AFTAB DADA, spoke in support of Item 2.G., the suspension of the Noise Ordinance for
the White Party,
DENNIS WAGNER, spoke in support of Item 2.G., the suspension of the Noise
Ordinance for the White Party.
JULIUS KAZEN, spoke in support of Item 2.G., the suspension of the Noise Ordinance
for the White Party.
WILLIE HOLLAND, stated his opposition to Item 2.G., the suspension of the Noise
Ordinance for the White Party, and noted his other concerns in the City.
TYLER McLEAN, spoke in support of Item 2.1., the suspension of the Noise Ordinance
For the Palm Springs High School Event.
MARK ANTON, spoke in support of Item 2.H., the suspension of the Noise Ordinance
for the AIDS Assistance Program Event.
RICHARD BYFORD, spoke in support of Item 2.H., the suspension of the Noise
Ordinance for the AIDS Assistance Program Event,
COUNCILMEMBER COMMENTS:
Councilmember Foat announced the upcoming Green Friday event, the upcoming Turn
Off Your Lights event, and requested staff review and report on the National League of
Cities Plan or Program to receive 20% discount on all prescription drugs.
Councilmember Mills commented on former Mayor Bogert.
Councilmember Hutcheson requested staff address Mr. Meeks' comments and the
VillageFest rules pertaining to the sale of books, and requested the City Manager
address airport noise and provide a Federal stimulus package update.
CITY MANAGER'S REPORT:
City Manager Ready requested Thomas Noland, Executive Director of Aviation, address
the increase in noise complaints at the Palm Springs International Airport
City Council Minutes
March 25, 2009
Page 6
RA. REDEVELOPMENT AGENCY CONSENT CALENDAR:
ACTION: Approve Items RA1., RA2., and RA4. Motion Councilmember Foat,
seconded by Mayor Pro Tern Mills and unanimously carried on a roll call
vote.
RA1. JOINT ITEM CITY COUNCIL AND COMMUNITY REDEVELOPMENT
AGENCY WITH RESPECT TO CALIFORNIA HEALTH AND SAFETY
CODE SECTION 33130 REDEVELOPMENT AREA PROPERTY
DISCLOSURES:
ACTION: Receive and file the California Health and Safety Code Section
33130 Project Area Property Disclosures for: 1) Councilmember Rick
Hutcheson [disclosing interests at 1276 North Palm Canyon]; 2)
Councilmember Lee Weigel [no reportable interests]; 3) Planning
Commissioner Douglas Donenfeld [no reportable interests]; and 4)
Planning Commissioner Tracy Conrad [no reportable interests]. Approved
as part of the Consent Calendar.
RA2. JOINT ITEM CITY COUNCIL AND COMMUNITY REDEVELOPMENT
AGENCY FUNDING OF THE 2008-09 LOW AND MODERATE INCOME
HOUSING FUND SET-ASIDE:
ACTION: [CITY COUNCIL] 1) Adopt Resolution No. 22447, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS WITH
RESPECT TO THE 2008-09 DEPOSIT TO THE LOW AND MODERATE
INCOME HOUSING FUND;" and [COMMUNITY REDEVELOPMENT
AGENCY] 2) Adopt Resolution No. 1382, "A RESOLUTION OF THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS WITH
RESPECT TO THE 2008-09 DEPOSIT TO THE LOW AND MODERATE
INCOME HOUSING FUND;" and 3) Adopt Resolution No. 1383, "A
RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE
BUDGET FOR FISCAL YEAR 2008-09." Approved as part of the
Consent Calendar.
RA4. TRANSFER OF UNEXPENDED BOND PROCEEDS TO CAPITALIZED
INTEREST ACCOUNT:
ACTION: Adopt Resolution No. 1386, "A RESOLUTION OF THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING AND AUTHORIZING AND
DIRECTING EXECUTION OF A FOURTH SUPPLEMENTAL
INDENTURE RELATING TO ITS MERGED PROJECT NO. 1 TAX
ALLOCATION BONDS, 2007 SERIES A, AND PROVIDING OTHER
MATTERS PROPERLY RELATING THERETO." Approved as part of the
Consent Calendar.
City Council Minutes
March 25,2009
Page 7
REDEVELOPMENT AGENCY EXCLUDED CONSENT CALENDAR:
RA3. STATE-MANDATED PAYMENT TO THE EDUCATION REVENUE
AUGMENTATION FUND (ERAF):
ACTION: 1) Adopt Resolution No. 1384, "A RESOLUTION OF THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS WITH
RESPECT TO THE 2008-09 PAYMENT TO THE EDUCATION REVENUE
AUGMENTATION FUND AND PROVIDING OTHER MATTERS
PROPERLY RELATING THERETO;" and 2) Adopt Resolution No. 1385,
"A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE
BUDGET FOR FISCAL YEAR 2008-09." Motion Councilmember Foat,
seconded by Mayor Pro Tern Mills and unanimously carried on a roll
call vote.
RA5. APPROVE AMENDMENT NO. 1 TO THE OWNER PARTICIPATION
AGREEMENT WITH COACHELLA VALLEY HOUSING COALITION
DBA DESERT HIGHLAND ASSOCIATES, LP, FOR AN ADDITIONAL
$400,000 PROJECT FINANCING AND REDUCTION OF THE LOAN
INTEREST RATE FOR THE DEVELOPMENT OF A 57-UNIT
APARTMENT PROJECT LOCATED AT 555 ROSA PARKS ROAD:
ACTION: Adopt Resolution No. 1387, "A RESOLUTION OF THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO, 1 TO THE
OWNER PARTICIPATION AGREEMENT WITH COACHELLA VALLEY
HOUSING COALITION DBA DESERT HIGHLAND ASSOCIATES, LP, TO
PROVIDE $400,000 IN ADDITIONAL ASSISTANCE AND REDUCTION
OF THE LOAN INTEREST RATE FOR THE DEVELOPMENT OF THE
ROSA GARDENS APARTMENTS, A 57-UNIT APARTMENT PROJECT
ON A 4.45 ACRE SITE AT 555 ROSA PARKS ROAD, IN THE DESERT-
HIGHLAND GATEWAY ESTATES NEIGHBORHOOD, INCREASING THE
AGENCY FINANCIAL PARTICIPATION TO $1,600,000 IN GAP
FINANCING, MERGED PROJECT AREA NO. 1." A0531C. Motion
Councilmember Foat, seconded by Councilmember Hutcheson and
unanimously carried on a roll call vote.
The Community Redevelopment Agency adjourned at 7:22 p.m., and the City Council
continued.
2. CONSENT CALENDAR:
ACTION. Approve Items 2.A., 2.B., 2.C., 2.D., 2.F., 2.J., 2.K., 2.M., 2.0., 2.P.,
2.Q., and 2.R. Motion Councilmember Hutcheson, seconded by
Councilmember Weigel and unanimously carried on a roll call vote.
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City Council Minutes
March 25, 2009
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2.A. REPORT ON POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the March 25, 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 March 4, 2009, and the City Council Minutes of March 11,
2009. Approved as part of the Consent Calendar, noting the
abstention of Councilmember Mills on the March 4, 2009 Minutes.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 22448, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIM AND DEMAND BY WARRANT
NUMBERED 1033943 IN THE AGGREGATE AMOUNT OF $4,950.00,
DRAWN ON BANK OF AMERICA` 2) Adopt Resolution No. 22449, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND
DEMANDS BY WARRANTS NUMBERED 1033944 THROUGH 1034076
IN THE AGGREGATE AMOUNT OF $435,533.90, DRAWN ON BANK OF
AMERICA;" 3) Adopt Resolution No. 22450, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 02-21-09 BY WARRANTS NUMBERED 414404 THROUGH
414447 TOTALING $77,360.30, LIABILITY CHECKS NUMBERED
1034077 THROUGH 1034097 TOTALING $151,772.99, FOUR WIRE
TRANSFERS FOR $63,128.08, AND THREE ELECTRONIC ACH
DEBITS OF $1,159,518.03, IN THE AGGREGATE AMOUNT OF
$1,451,779.40, DRAWN ON BANK OF AMERICA;" 4) Adopt Resolution
No. 22451, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS
AND DEMANDS BY WARRANTS NUMBERED 1034098 THROUGH
1034275 IN THE AGGREGATE AMOUNT OF $969,651.05, DRAWN ON
BANK OF AMERICA;" 5) Adopt Resolution No. 22452, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY
WARRANTS NUMBERED 1034276 THROUGH 1034376 IN THE
AGGREGATE AMOUNT OF $1,639,661.20, DRAWN ON BANK OF
AMERICA;" and 6) Adopt Resolution No. 22453, "A RESOLUTION OF
THE. CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 3-07-09 BY WARRANTS NUMBERED 414448 THROUGH
414488 TOTALING $74,914.41, LIABILITY CHECKS NUMBERED
1034377 THROUGH 1034398 TOTALING $154,441.73, FOUR WIRE
TRANSFERS FOR $62,528.08, AND THREE ELECTRONIC ACH
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March 25, 2009
Page 9
DEBITS OF $1,201,103.14, IN THE AGGREGATE AMOUNT OF
$1,492,987.36, DRAWN ON BANK OF AMERICA." Approved as part of
the Consent Calendar.
2.1). ADOPTION OF POLICY PERTAINING TO TICKETS DISTRIBUTED BY
THE CITY PURSUANT TO CALIFORNIA CODE OF REGULATIONS
18944.1:
ACTION: Adopt Resolution No. 22454, "A RESOLUTION OF THE CITY
COUNCIL. OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
A TICKET DISTRIBUTION POLICY PURSUANT TO FAIR POLITICAL
PRACTICES COMMISSION REVISED REGULATION 18944.1."
Approved as part of the Consent Calendar.
2.F. ACCEPT THE RESIGNATION OF MARK SPOHN FROM THE
VILLAGEFEST BOARD:
ACTION: Receive and approve the request for excused absences of
VillageFest Board Member Mark Spohn. Approved as part of the
Consent Calendar.
2,J. AWARD OF CONTRACT FOR THE BASKETBALL AND TENNIS
COURT RESURFACING AT VARIOUS CITY PARKS (CITY PROJECT
NO. 08-24):
ACTION: 1) Approve an Agreement with California Surfacing in the
amount of $38,500, for The Basketball and Tennis Court Resurfacing, Bid
Schedules A, B, and C (City Project No. 08-24); and 2) Authorize the City
Manager to execute the Agreement. A5807. Approved as part of the
Consent Calendar.
2.K. APPROVAL OF A MEMORANDUM OF UNDERSTANDING RELATING
TO EAGLE CANYON DAM:
ACTION: 1) Approve a Memorandum of Understanding with the Riverside
County Flood Control and Water Conservation District, the City of
Cathedral City, and the Agua Caliente Band of Cahuilla Indians relating to
the Eagle Canyon Dam; and 2) Authorize the City Manager to execute the
Memorandum of Understanding. A5808. Approved as part of the
Consent Calendar.
2.M. APPROVE FIREWORKS FOR THE FOURTH OF JULY CELEBRATION:
ACTION: 1) Approve an Agreement with Pyro Spectacular, Inc., in an
amount not to exceed $35,000, for the July 4, 2009, Fireworks display at
Palm Springs Stadium; 2) Authorize the City Manager to execute the
Agreement. A5810. Approved as part of the Consent Calendar.
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March 25, 2009
Page 10
2.0. PLANNING COMMISSION RESIGNATION AND PARKS AND
RECREATION COMMISSION RESIGNATION:
ACTION: 1) Accept the resignation of Toni Ringlein from the Planning
Commission; 2) Accept the resignation of Ronald Greenip from the Parks
and Recreation Commission; and 3) Direct the City Clerk to post a Notice
of Vacancy. Approved as part of the Consent Calendar.
2.P. STAFF AUTHORIZED AGREEMENTS FOR FEBRUARY 1 THROUGH
FEBRUARY 28, 2009:
ACTION. Receive and file the Staff Authorized Agreements covering the
period February 1 though February 28, 2009. Approved as part of the
Consent Calendar.
2.Q. APPROVE AMENDMENT NO. 1 TO THE AGREEMENT WITH INMATE
COMMUNICATIONS CORP TO PROVIDE TELEPHONE SERVICE IN
THE CITY JAIL:
ACTION: 1) Approve Amendment No. 1 to Agreement No, A6713 with
Inmate Communications Corp. to extend the Agreement for an additional
four (4) years; and 2) Authorize the City Manager to execute the
Agreement. A5173. Approved as part of the Consent Calendar.
2.R. PROPOSED RESOLUTION ESTABLISHING APPLICATION FILING
AND APPEAL FEES FOR MEDICAL CANNABIS COOPERATIVES OR
COLLECTIVES:
ACTION: Adopt Resolution No. 22458, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ESTABLISHING A FILING FEE FOR MEDICAL CANNABIS
COOPERATIVES OR COLLECTIVES APPLICATIONS AND AN APPEAL
FEE FOR MATTERS RELATED TO THE ADMINISTRATION OF PALM
SPRINGS MUNICIPAL CODE SECTION 93.22.00, AND AMENDING THE
COMPREHENSIVE FEE SCHEDULE ADOPTED BY RESOLUTION NO.
21578." Approved as part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2.E. SUMMARY VACATION OF PUBLIC UTILITY EASEMENTS WITHIN
LOTS 6 AND 7 OF PALM SPRINGS PALISADES MAP IN SECTION 15,
TOWNSHIP 4 SOUTH, RANGE 5 EAST, FILE R 08 022:
The City Council discussed and/or commented on delaying the summary
vacation due to the potential development of the site.
ACTION: Continue Item 2.E. Motion Councilmember Hutcheson,
seconded by Mayor Pro Tern Mills and unanimously carried on a roll
call vote.
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City Council Minutes
March 25, 2009
Page 11
2.G. TEMPORARILY SUSPEND VARIOUS REGULATIONS OF THE PALM
SPRINGS MUNICIPAL CODE (NOISE, NOISE NUISANCE, SIGN AND
DANCES) AND APPROVE A CARNIVAL ON APRIL 10, APRIL 11, AND
APRIL 12, 2009, FOR THE WHITE PARTY, LOCATED AT 888 E.
TAHQUITZ CANYON WAY, 277 N. AVENIDA CABALLEROS AND 444
E. ARENAS ROAD (APPLICATION BY JEFFERY SANKER
ENTERTAINMENT):
Councilmember Weigel commented on the suspension of the Noise
Ordinance, and recommends the City suspend the Dance Ordinance and
the Outdoor Music Ordinance and allow the event without suspending the
Noise Ordinance, and requested the City Attorney and staff look at the
process of administratively approving events that will not require the
suspension of ordinances.
Councilmember Hutcheson commented on the important upcoming
events, and recommended the City Council review the process for the
future events.
MOTION: Adopt Resolution approving the event and carnival, suspending
the Sign Ordinance and the Dance Ordinance. Motion Councilmember
Weigel, seconded by Mayor Pro Tern Mills and failed 1-4 on a roll call
vote.
AYES: Councilmember Weigel.
NOES: Councilmember Foat, Councilmember Hutcheson, Mayor
Pro Tern Mills, and Mayor Pougnet.
ACTION: Adopt Resolution No. 22455, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
SUSPENDING THE NOISE ORDINANCE (CHAPTER 11.74.00), NOISE
NUISANCE (CHAPTER 11.08.040), SIGN ORDINANCE (CHAPTER
9.20.00), AND DANCES (CHAPTER 5.12), APPROVING A CARNIVAL
ON APRIL 10, 11, AND 12, 2009 TO FACILITATE THE PLANNED
EVENTS FOR THE WHITE PARTY LOCATED AT 888 EAST TAHQUITZ
CANYON WAY, 277 NORTH AVENIDA CABALLEROS AND 444 EAST
ARENAS ROAD." Motion Councilmember Hutcheson, seconded by
Councilmember Foat and carried 4-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember Hutcheson, Mayor
Pro Tern Mills, and Mayor Pougnet.
NOES: Councilmember Weigel.
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City Council Minutes
March 25, 2009
Page 12
Councilmember Mills requested the event organizer consider in the future,
moving the last day event to another location that is not as disruptive to
the neighborhood.
ACTION: Direct staff to review the approval of events and the suspension
of Ordinances, and schedule a City Council Study Session. By
consensus of the City Council.
2.1-1. TEMPORARILY SUSPEND THE NOISE ORDINANCE ON APRIL 25,
2009, FOR THE AIDS ASSISTANCE PROGRAM GALA EVENT
LOCATED AT 301 NORTH BELARDO ROAD (APPLICATION BY
WALTER REED):
ACTION: Adopt Resolution No. 22456, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
SUSPENDING THE NOISE ORDINANCE (CHAPTER 11.74.00) AND
THE NOISE NUISANCE ORDINANCE (CHAPTER 11.08.040) FOR A
FUNDRAISING EVENT ON APRIL 25, 2009, FROM 9:30 P.M. TO 11:00
P.M., AT 301 NORTH BELARDO ROAD (O'DONNELL GOLF COURSE)."
Motion Councilmember Foat, seconded by Councilmember
Hutcheson and carried 4-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember Hutcheson, Mayor
Pro Tern Mills, and Mayor Pougnet,
NOES: Councilmember Weigel.
2.1. TEMPORARILY SUSPEND THE NOISE ORDINANCE ON MAY 30,
2009, FOR THE PALM SPRINGS HIGH SCHOOL DANCE
FUNDRAISER EVENT LOCATED AT 5955 EAST RAMON ROAD
(APPLICATION BY ASSOCIATE❑ STUDENT BODY OF PALM
SPRINGS HIGH SCHOOL):
ACTION: Adopt Resolution No. 22457, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
SUSPENDING THE NOISE ORDINANCE (CHAPTER 11.74.00) AND
THE NOISE NUISANCE ORDINANCE (CHAPTER 11.08.040) FOR A
DANCE AND FUNDRAISING EVENT ON MAY 30, 2009 FROM 8:00 P.M.
TO 12:00 A.M., AT 5955 EAST RAMON ROAD (SOUTHEAST CORNER
OF RAMON ROAD AND CROSSLEY ROAD)." Motion Councilmember
Hutcheson, seconded by Mayor Pougnet and carried 4-1 on a roll call
vote.
AYES: Councilmember Foat, Councilmember Hutcheson, Mayor
Pro Tern Mills, and Mayor Pougnet.
NOES: Councilmember Weigel.
21. APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH RGA
LANDSCAPE ARCHITECTS, INC FOR THE TAHQUITZ CANYON WAY
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City Council Minutes
March 25, 2009
Page 13
MEDIAN, PALM SPRINGS CITY HALL, AND RIVERSIDE COUNTY
ADMINISTRATIVE OFFICES SCHEMATIC LANDSCAPE DESIGN (CITY
PROJECT NO. 08-20):
ACTION: 1) Approve an Agreement with RGA Landscape Architects, Inc.,
in the amount of $63,540 for preparation of schematic landscape plans for
the Tahquitz Canyon Way median (extending from Indian Canyon Drive to
El Cielo Road), Palm Springs City Hall, and the Riverside County
Administrative Offices complex (City Project No. 08-20) amending the
Scope of Work Exhibit A to include landscape irrigation concepts; 2)
Authorize the City Manager to execute the Agreement; and 3) Direct the
City Manager to appoint a City Manager Steering Committee for the
project, A5809. Motion Mayor Pro Tom Mills, seconded by
Councilmember Hutcheson and unanimously carried on a roll call
vote.
2.N. APPROVAL TO RELEASE SOQ 14-09 FOR ARCHITECTURAL DESIGN
TEAM SERVICES FOR THE RENOVATION AND REPURPOSING OF
THE WELWOOD MURRAY MEMORIAL LIBRARY AND THE JC FREY
BUILDINGS:
The City Council discussed and/or commented on the following with
respect to the renovation: proposed budget and estimates, renovation of
restrooms for the Frey Building and the development of restrooms in the
Welwood Building, the proposed timeline, and the proposed concepts for
the Welwood Memorial Library.
ACTION: Approve the release of SOQ No. 14-09 for Architectural Design
Team Services for the renovation of the Welwood Murray Memorial
Library and the JC Frey Building. Motion Councilmember Weigel,
seconded by Mayor Pro Tom Mills and unanimously carried on a roll
call vote.
3. LEGISLATIVE;
3.A. PROPOSED ORDINANCE PERTAINING TO STATE VIDEO
FRANCHISE HOLDERS:
City Attorney Holland provided background information as outlined in the
staff report dated March 25, 2009.
ACTION: 1) Waive the reading of the ordinance text in its entirety and
read by title only; and 2) Introduce on first reading Ordinance No. 1759,
"AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADOPTING CHAPTER 5.79 OF TITLE 5 OF THE PALM SPRINGS
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City Council Minutes
March 25, 2009
Page 14
MUNICIPAL CODE PERTAINING TO STATE VIDEO FRANCHISE
HOLDERS." Motion Mayor Pro Tem Mills, seconded by
Councilmember Hutcheson and unanimously carried on a roll call
vote.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS: None.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Mills thanked the community for their well wishes and commented on
his recent medical experience.
ADJOURNMENT: The City Council adjourned in memory of former Mayor Frank
Bogert at 8:17 p.m., to a Regular Meeting, Wednesday, April 1, 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
15TH DAY OF APRIL, 2009.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
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