HomeMy WebLinkAbout12/3/2008 - STAFF REPORTS - 2.B. CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
V
MINUTES
WEDNESDAY, NOVEMBER 19, 2008
City Hall Council Chamber
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:05 p.m.
PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard, led the
Pledge.
INVOCATION: Pastor David Sanger, Our Savior's Community Church, led the
Invocation.
ROLL CALL:
PRESENT: Councilmember Hutcheson, Councilmember Weigel, Mayor Pro
Tern Foat, and Mayor Pougnet.
ABSENT: Councilmember Mills.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS:
Mayor Pougnet and City Council recognized the Palm Springs Air Force ROTC Junior
Color Guard and proclaimed the week of November 14, 2008 as Air Force Week in the
City of Palm Springs.
Mayor Pougnet and the City Council announced that Barbara Roberts, Director of
Library Services, was named President of the California Library Association.
Mayor Pougnet and the City Council announced the Resource Conservation
Commission School Poster Program awards for sustainability. Kay Hazen, City
Sustainability Consultant, provided an update on the recent Palm Springs Sustainability
Event.
REPORT OF CLOSED SESSION: City Attorney Holland reported 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.
ITEM NO. �' '
City Council Minutes
November 19, 2008
Page 2
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson stated staff recommends the City Council removed Item 2.1-1. from
the Consent Calendar for a staff report and update.
ACTION: Accept the Agenda as amended. Motion Councilmember Weigel,
seconded by Councilmember Hutcheson and unanimously carried 4-0 on a roll
call vote.
AYES: Councilmember Hutcheson, Councilmember Weigel, Mayor Pro Tem Foat,
and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Mills.
1. PUBLIC HEARINGS:
I.A. ADOPTING FEES FOR VACANT BUILDING REGISTRATION AND
MONITORING, DOWNTOWN NEWS RACK REGISTRATION AND
IMPOUNDMENT, VACATION RENTAL REGISTRATION AND
RENEWAL, AND AN EMERGENCY RESPONSE/EMERGENCY
COMMUNICATION SYSTEM SERVICE FEE AND AMENDING THE
COMPREHENSIVE FEE SCHEDULE ADOPTED BY RESOLUTION NO.
21578 AS AMENDED:
Councilmember Hutcheson stated he has a business related conflict of
interest with respect to the Vacation Rental and Renewal Fees, and stated
he would not participate in the discussion or the vote of those two fees.
Mayor Pro Tern Foat requested staff address the $18.00 Vacant Building
Registration Building.
Mayor Pougnet opened the public hearing, and no speakers coming
forward the public hearing was closed.
ACTION: Adopt Resolution No. 22387, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ESTABLISHING FEES FOR VACANT BUILDING REGISTRATION AND
MONITORING, NEWS RACK REGISTRATION AND IMPOUNDMENT,
AND EMERGENCY RESPONSE/EMERGENCY COMMUNICATION
SYSTEM SERVICE FEE, AND MODIFYING THE COMPREHENSIVE
FEE SCHEDULE ADOPTED BY RESOLUTION NO. 21578 AS
AMENDED." Motion Councilmember Weigel, seconded by Mayor Pro
Tern Foat and unanimously carried 4-0 on a roll call vote.
City Council Minutes
November 19, 2008
Page 3
AYES: Councilmember Hutcheson, Councilmember Weigel, Mayor
Pro Tern Foat, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Mills.
ACTION: Adopt Resolution No. 22388, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ESTABLISHING FEES FOR VACATION RENTAL REGISTRATION AND
RENEWAL, AND MODIFYING THE COMPREHENSIVE FEE SCHEDULE
ADOPTED BY RESOLUTION NO. 21578 AS AMENDED." Motion Mayor
Pro Tern Foat, seconded by Councilmember Weigel and carried 3-0
on a roll call vote.
AYES: Councilmember Weigel, Mayor Pro Tern Foat, and Mayor
Pougnet_
NOES: None.
ABSENT: Councilmember Mills.
ABSTAIN: Councilmember Hutcheson.
The City Council continued at 6:40 p.m. and the Community Redevelopment
Agency convened for a Joint Meeting.
1.13. AMENDMENT NO. 1 TO DISPOSITION AND DEVELOPMENT
AGREEMENT NO. A0470C WITH SANTIAGO SUNRISE VILLAGE
MOBILE HOME PARK CORPORATION FOR AGENCY ASSISTANCE
IN THE AMOUNT OF $153,700, FOR LAUNDRY AND OFFICE
FACILITIES AT SUNRISE VILLAGE MOBILE HOME PARK LOCATED
AT 1500 EAST SAN RAFAEL ROAD:
ACTION: 1) Continue the Public Hearing to December 3, 2008, with no
public testimony; and 2) Direct the City Clerk/Assistant Secretary to post a
Notice of Continued Public Hearing. Motion Councilmember Hutcheson,
seconded by Councilmember Weigel and unanimously carried 4-0 on
a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Weigel, Mayor
Pro Tern Foat, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Mills.
PUBLIC COMMENT:
BILL FERRA, Palm Springs, commented on the number of foreclosures in Palm Springs
and the lack of Code Enforcement action on foreclosed properties in the City.
C 11
City Council Minutes
November 19, 2008
Page 4
ROGER EVERSHED, commented on the Tahquitz Court Apartments, Item RA2., and
recommended approval of the modifications and assignment of the regulatory
agreement.
COUNCILMEMBER COMMENTS:
Councilmember Weigel announced the availability of the Historical Society 2009
Calendar and Schedule of Events, and commented on the public comment period at the
last meeting with a City Council comment toward the public, and requested the City
Manager place on a future agenda a discussion on Council protocol.
Mayor Pro Tern Foat provided an update on the Vacant Building Ordinance and
programs.
Councilmember Hutcheson requested the City Manager provide a summary of actions
the public can take when they recognize an abandoned property.
CITY MANAGER'S REPORT:
City Manager Ready provided an update on Code Enforcement activities in the City.
Mayor Pro Tern Foat requested the City Manager address inoperable vehicles on
property.
The City Council recessed at 6:56 p.m., and the Community Redevelopment Agency
continued.
The City Council reconvened AT 6:57 p.m.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2,B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.1., 2.J., and 2X
Motion Councilmember Hutcheson, seconded by Mayor Pro Tern Foat and
unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Weigel, Mayor Pro
Tem Foat, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Mills.
2.A, REPORT ON POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the November 19,
2008, City Council Agenda. Approved as part of the Consent Calendar.
lJ
City Council Minutes
November 19, 2008
Page 5
2.13. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of November 12, 2008,
November 5, 2008, October 1, 2008, and September 3, 2008- Approved
as part of the Consent Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 22389, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1031589 THROUGH 1031755 IN THE AGGREGATE
AMOUNT OF $2,725,204.59, DRAWN ON BANK OF AMERICA;" 2) Adopt
Resolution No. 22390, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1031756
THROUGH 1031842 IN THE AGGREGATE AMOUNT OF $676,570.04,
DRAWN ON BANK OF AMERICA;" and 3) Adopt Resolution No. 22391,
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL
WARRANTS FOR THE PERIOD ENDED 11-01-08 BY WARRANTS
NUMBERED 414025 THROUGH 414070 TOTALING $75,720.99,
LIABILITY CHECKS NUMBERED 1031843 THROUGH 1031863
TOTALING $154,501.18, FOUR WIRE TRANSFERS FOR $63,040.54,
AND THREE ELECTRONIC ACH DEBITS OF $1,211,027.31, IN THE
AGGREGATE AMOUNT OF $1,504,290.02, DRAWN ON BANK OF
AMERICA." Approved as part of the Consent Calendar.
2.13. STAFF AUTHORIZED AGREEMENTS FOR OCTOBER 2008:
ACTION: Receive and file Staff Authorized Agreements covering the
period October 1 through October 31, 2008. Approved as part of the
Consent Calendar.
2.E. TREASURER'S INVESTMENT REPORT AS OF SEPTEMBER 30, 2008:
ACTION: Receive and File the Treasurer's Investment Report as of
September 30, 2008, Approved as part of the Consent Calendar.
2.F. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE
NO. 1753, AMENDING THE ZONING MAP BY APPROVING CASE
5.1193 PDD 354, A PLANNED DEVELOPMENT DISTRICT, IN LIEU OF
A CHANGE OF ZONE FOR THE PROPERTY LOCATED AT 168 VIA
ESCUELA ROAD:
ACTION: Waive further reading and adopt ordinance No. 1753, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE ZONING MAP BY APPROVING CASE 5.1193 PDD
354, A PLANNED DEVELOPMENT DISTRICT, IN LIEU OF A CHANGE
OF ZONE FOR THE PROPERTY LOCATED AT 168 VIA ESCUELA
City Council Minutes
November 19, 2008
Page 6
ROAD, ZONE R-3, SECTION 3." Approved as part of the Consent
Calendar.
2.G. AGREEMENT WITH EVERGREEN RECYCLING SOLUTIONS FOR
TECHNICAL ASSISTANCE AND PROFESSIONAL ADVICE ON
SUSTAINABILITY AND RECYCLING ISSUES NOT-TO-EXCEED
$47,320 FOR ONE YEAR:
ACTION: 1) Approve an agreement with Evergreen Recycling Solutions
for technical assistance on sustainability and recycling issues, in an
amount not to exceed $47,320 for one year ending October 31, 2009; and
2) Authorize the City Manager to execute all necessary documents.
A5336. Approved as part of the Consent Calendar.
2.1. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E)
AND AUTHORIZATION TO BID FOR THE FISCAL YEAR 2008-09 SB
821 PROJECTS, CP. 08-12 AND 08-13:
ACTION. Approve the plans, specifications and working details, and
authorization to bid for the Fiscal Year 2008-09 SB 821 Projects, CP 08-
12 & 08-13. Approved as part of the Consent Calendar.
2.J. REAFFIRM THE CITY'S INVESTMENT POLICY GOVERNING THE
INVESTMENT OF CITY FUNDS:
ACTION: Reaffirm the City's Investment Policy governing the investment
of City funds, as adopted by Resolution No. 21946, dated June 20, 2007.
Approved as part of the Consent Calendar.
2.K. AGREEMENT WITH NOLTE ASSOCIATES, INC., FOR THE TAHQUITZ
CREEK LEVEE CERTIFICATION, IN THE AMOUNT OF $148,800 FOR
CIVIL ENGINEERING SERVICES:
ACTION: 1) Approve an agreement with Nolte Associates, Inc. in the
amount of $148,800 for civil engineering services related to the Tahquitz
Creek Levee Certification; and 2) Authorize the City Manager to execute
all necessary documents. A5755. Approved as part of the Consent
Calendar.
EXCLUDED CONSENT CALENDAR:
2.H. AGREEMENT WITH KEMA SERVICES, INC. FOR LEED COMMISSIONING
SERVICES FOR THE PALM SPRINGS ANIMAL SHELTER PROJECT IN AN
AMOUNT NOT-TO-EXCEED $75,000:
City Manager Ready provided background information as outlined in the staff
report, requested staff provide a report, and recommended the City Council delay
any action until the December 3, 2008 meeting.
AI Smoot, City Construction Representative, provided background information as
outlined in the staff report dated November 19, 2008.
City Council Minutes
November 19, 2008
Page 7
Councilmember Hutcheson suggested the City consider using these funds to
further improve the project beyond the LEED requirements and approval
process, and requested staff address the cost and process for the LEED
certification.
Councilmember Weigel requested staff address building the structure that is
comparable to the LEED certification, but use another type of certification.
Mayor Pro Tern Foat recommend Fred Bell, BIA, be involved in the discussion
and direction toward LEED certification.
ACTION: Tabled to December 3, 2008. By consensus of the City Council.
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS:
4.A. ACCEPT THE DONATION OF 17.07 ACRES OF REAL, PROPERTY
FROM THE SUZANNE D. PARISH REAL ESTATE TRUST TO BE
PRESERVED AS OPEN SPACE AND APPROVE A MEMORANDUM OF
UNDERSTANDING WITH THE SUZANNE D. PARISH REAL ESTATE
TRUST FOR THE LOT SPLIT OF APN 510-270-003:
John Raymond, Director of Community and Economic Development,
provided background information as outlined in the staff report dated
November 19, 2008.
ACTION: 1) Accept the donation of 17.07 acres of real property in the
Araby Cove and Araby Wash area from the Suzanne D. Parish Real
Estate Trust to be preserved as open space; 2) Authorize the City Clerk to
execute the Certificate of Acceptance; 3) Approve a Memorandum of
Understanding with the Suzanne D. Parish Real Estate Trust for a lot split,
APN 510-270-003; and 4) Authorize the City Manager to execute all
necessary documents. A5756. Motion Councilmember Hutcheson,
seconded by Mayor Pro Tern Foat and unanimously carried 4-0 on a
roll call vote.
AYES: Councilmember Hutcheson, Councilmember Weigel, Mayor
Pro Tem Foat, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Mills.
4.13. APPROVE THE PURCHASE AND FINANCING OF THE MOTOROL_A
P25 800MHZ RADIO SYSTEM AS THE CITY'S PORTION OF THE
City Council Minutes
November 19, 2008
Page 8
EASTERN RIVERSIDE COUNTY INTEROPERABILITY REGIONAL
AUTHORITY (E.R.I.C.A.):
Police Chief Dominguez provided background information as outlined in
the staff report dated November 19, 2008.
Mayor Pro Tem Foat requested staff address the make-up of the
E.R.I.C.A. governing board.
ACTION: 1) Waive the competitive requirements pursuant to Palm
Springs Municipal Code Section 7.03.040; 2) Approve the purchase
agreement with Motorola in an amount not-to-exceed $3,367,000 for 911
Emergency Dispatch equipment and mobile/handheld radio units, subject
to final review and approval by the City Attorney; 3) Approve the financing
agreement with Municipal Finance Corporation for the purchase for a
period of 10 years, in an annual amount not-to-exceed $422,400 subject
to final review and approval by the City Attorney; 4) Adopt Resolution No.
22392, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AUTHORIZING THE EXECUTION AND
DELIVERY OF A LEASE WITH OPTION TO PURCHASE PUBLIC
SAFETY COMMUNICATIONS EQUIPMENT, AND AUTHORIZING
CERTAIN ACTIONS IN CONNECTION THEREWITH; and 5) Authorize
the City Manager to execute all necessary documents. A5757. A5758.
Motion Councilmember Weigel, seconded by Mayor Pougnet and
unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Hutcheson, Mayor Pro Tem Foat,
Councilmember Weigel, and Mayor Pougnet,
NOES: None.
ABSENT: Councilmember Mills.
5. NEW BUSINESS: None.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Hutcheson requested the City Manager prepare a City Council
discussion on City emergency procedures and duties.
Mayor Pougnet commented on the recent emergency preparedness drill and thanked
Fire Chief Goetz.
Mayor Pougnet requested staff address the fence at the prior Mac Magruder Chevrolet
property.
Mayor Pro Tem Foat announced the opening on the Human Rights Commission.
Mayor Pougnet commented on the Palm Springs Unified School District Pinnacle Fund.
City Council Minutes
November 19, 2008
Page 9
ADJOURNMENT: The City Council adjourned at 7:34 p.m. to the Regular Meeting on
Wednesday, December 3, 2008, at 6:00 P.M. in the 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. The City Council will not hold a meeting on
Wednesday, November 26, 2008,
RD APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS
3 DAY OF DECEMBER, 2008.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
E; �
HOUSING AUTHORITY
CITY OF PALM SPRINGS, CALIFORNIA
5
MINUTES
WEDNESDAY, NOVEMBER 19, 2008
City Hall Council Chamber
CALL TO ORDER: Chair Pougnet called the meeting to order at 6:56 p.m.
ROLL CALL:
PRESENT: Agency Member Hutcheson, Agency Member Weigel, Vice Chair
Foat, and Chair Pougnet.
ABSENT: Agency Member Mills.
ALSO PRESENT: Executive Director Ready, Agency Attorney Holland, and Secretary
Thompson,
PUBLIC COMMENT:
ROGER EVERSHED, commented on the Tahquitz Court Apartments, Item RA2., and
recommended approval of the modifications and assignment of the regulatory
agreement.
JOINT MEETING WITH THE CITY OF PALM SPRINGS COMMUNITY
REDEVELOPMENT AGENCY:
RA2. MODIFICATION OF REGULATORY AGREEMENT, ASSIGNMENT AND
ASSUMPTION OF LOAN DOCUMENTS, FREDDIE MAC RIDER TO THE
REGULATORY AGREEMENT AND A SUBORDINATION AGREEMENT
BY AND BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS AND CORPORATE FUND FOR
HOUSING, D.B.A., LINC HOUSING CORPORATION, TO ASSIGN THE
AGREEMENT TO TAHQUITZ ASSOCIATES, LP, AND BY THE
HOUSING AUTHORITY OF THE CITY OF PALM SPRINGS AND
CORPORATE: FUND FOR HOUSING, D.B.A., LINC HOUSING
CORPORATION, TO ALLOW FOR THE TRANSFER OF THE
PROPERTY TO A PARTNERSHIP THAT IS NOT A 501C(3)
ORGANIZATION FOR THE TAHQUITZ COURT APARTMENTS AT
2800, 2890, 2900 and 2990 EAST TAHQUITZ CANYON WAY:
ACTION: 1) [Community Redevelopment Agency] Adopt Resolution
No. 1369, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A MODIFICATION OF THE REGULATORY AGREEMENT,
ASSIGNMENT AND ASSUMPTION OF LOAN DOCUMENTS, FREDDIE
MAC RIDER TO THE REGULATORY AGREEMENT AND A
City of Palm Springs
Housing Authority
November 19, 2008
Page 2
SUBORDINATION AGREEMENT BETWEEN THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS AND
CORPORATE FUND FOR HOUSING, D.B.A., LINC HOUSING
CORPORATION, TO ASSIGN THE AGREEMENT TO TAHQUITZ
ASSOCIATES, LP, FOR THE TAHQUITZ COURT APARTMENTS AT
2800, 2890, 2900, and 2990 EAST TAHQUITZ CANYON WAY;" 2)
[Housing Authority] Adopt Resolution No. 34, "A RESOLUTION OF THE
HOUSING AUTHORITY OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING AN AMENDMENT TO A REGULATORY
AGREEMENT AND DECLARATION OF COVENANTS AND
RESTRICTIONS BETWEEN THE HOUSING AUTHORITY OF THE CITY
OF PALM SPRINGS AND CORPORATE FUND FOR HOUSING, D.B.A.,
LINC HOUSING CORPORATION, TO ALLOW FOR THE TRANSFER OF
THE PROPERTY TO A PARTNERSHIP THAT IS NOT A 501C(3)
ORGANIZATION FOR THE TAHQUITZ COURT APARTMENTS
LOCATED AT 2800, 2890, 2900 AND 2990 EAST TAHOUITZ CANYON
WAY;" and 3) Authorize the Executive Director to execute all necessary
documents. A0501 C. Motion Board Member Weigel, seconded by
Board Member Hutcheson and unanimously carried 4-0 on a roll call
vote.
AYES: Board Member Hutcheson, Board Member Weigel, Vice
Chair Foat, and Chair Pougnet.
NOES: None.
ABSENT: Board Member Mills.
ADJOURNMENT: The Community Redevelopment Agency adjourned at 6:57 p.m.
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS
3RD DAY OF DECEMBER, 2008.
STEPHEN P. POUGNET, CHAIR
ATTEST:
JAMES THOMPSON, CITY CLERK
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