HomeMy WebLinkAbout2008-06-18 CC MINUTES CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
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MINUTES
WEDNESDAY, JUNE 18, 2008
City Hall Council Chamber
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:07 p.m.
PLEDGE OF ALLEGIANCE: Mayor Pougnet led the Pledge.
INVOCATION: Pastor David Sanger, Our Savior's Community Church, led the
Invocation.
ROLL CALL:
PRESENT: Councilmember Hutcheson, Councilmember Mills, Councilmember
Weigel, Mayor Pro Tern Foat, and Mayor Pougnet.
ABSENT: None.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS: Mayor Pougnet and the City Council proclaimed June 18, 2008, as
Sally McManus day in the City of Palm Springs, for her contributions to the Community
and the Palm Springs Historical Society.
Jasmine Waits, VillageFest Coordinator, announced the City's VillageFest logo won the
CalFest First Place Award for its design.
REPORT OF CLOSED SESSION: City Attorney Holland reported that at 4:30 p.m. the
City Council recessed into Closed Session to discuss Items on the posted Closed
j Session Agenda. No reportable actions were taken.
ACCEPTANCE OF THE AGENDA:
Councilmember Hutcheson requested Item 2.F. be removed from the Consent Calendar
for separate discussion, and noted his abstention on Consent Calendar Item 2.N.
Councilmember Weigel requested Items 2.G., 2.H., 2.J., and 21., be removed from the
Consent Calendar for separate discussion.
Councilmember Mills requested Items 2.D., 2.M., 2.Q., be removed from the Consent
Calendar for separate discussion, noted his abstention on Item 2.13. Warrant No.
1028707, and Consent Calendar Item 2.N.
City Council Minutes
June 18, 2008
Page 2
Mayor Pougnet noted his property related abstention on Consent Calendar Item 2.H.
ACTION: Accept the Agenda as amended. Motion Councilmember Weigel,
seconded by Councilmember Hutcheson and unanimously carried on a roll call
vote.
1. PUBLIC HEARINGS:
I.A. APPEAL OF THE DECISION OF THE HISTORIC SITE PRESERVATION
BOARD BY ROXANN PLOSS TO TAKE NO ACTION ON A STAY OF
DEMOLITION FOR THE PROPERTY KNOWN AS LA SERENA VILLAS
LOCATED AT 339 SOUTH BELARDO ROAD HSPB 3.2130:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated June 18, 2008.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
ROXANN PLOSS, outlined the basis of her appeal of the demolition, and
requested the City Council issue a stay of demolition.
SHERYL HAMLIN, Palm Springs, noted the current restrictions on the
property and the streetscape, stated this is a bond performance issue,
requested the City Council issue a stay of demolition and performance
monitoring of the project.
MARSHALL ROATH, Palm Springs, provided a history of the interaction of
the project with the community, requested the City Council stay the
demolition permit.
CHRIS BLAZE, Core Hotel Group, stated they have no intention of
building on the site at this time, and they have two choices as presented
by the Building Department, to either submit plans or request demolition_
BOB HELBLING, Palm Springs, commented on the "green fence" issues
in the Community, stated the bungalows could be rented out until such
time as the property could be developed.
STEVE SIMS, Palm Springs, commented on the poor maintenance and
requested that the property be maintained, stated we need to keep small
hotels.
ELISSA GOFORTH, read a letter by Gene ā¯‘ippel, Historic Tennis Club
Neighborhood, requesting a stay of demolition.
City Council Minutes
June 18, 2008
Page 3
JADE NELSON, Palm Springs, commented on the history of La Serena
Villas, and requested a stay of demolition.
KENT DALMAN, stated the decision for historic site should not be based
on the year it was built.
FRANK TYSEN, Palm Springs, provided background information on the
condition of the neighborhood, stated the property qualifies as a Class 1
Historic Site, and requested a stay of demolition.
No further speakers coming forward, the public hearing was closed.
Mayor Pro Tem Foat stated the Core Group does not wish to demolish the
building but was a request of the City, requested staff address if the City
could withdraw the request to demolish, stated her preference for staff to
inspect the property and determine if the property is safe, and in
compliance with the vacant building ordinance.
Councilmember Weigel requested staff address what findings would have
to be made to stay the demolition.
Councilmember Mills recommended that staff inspect the site, and prepare
a report of conditions that would have to be met to bring the property
within City code.
Councilmember Hutcheson stated his support of continuing the public
hearing and recommended the acceleration of discussion with the owners.
Mayor Pougnet requested the City Attorney address when performance
bonds are required.
ACTION: 1) Direct staff to Inspect the site and prepare a comprehensive
report on the condition of the property; 2) Continue the Public Hearing to
July 9, 2008; and 3) Direct the City Clerk to post a notice of continued
public hearing. Motion Councilmember Weigel, seconded by Mayor
Pro Tern Foat and unanimously carried on a roll call vote.
1.B. ANNUAL REVIEW AND RENEWAL OF THE PALM SPRINGS
BUSINESS IMPROVEMENT DISTRICT AND ADOPTION OF THE
FISCAL YEAR 2008-09 PROGRAM:
John Raymond, Director of Community and Economic Development,
provided background information as outlined in the staff report dated June
18, 2008.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
City Council Minutes
June 18, 2008
Page 4
BORIS ROSE, Palm Springs, Downtown Property Owner, spoke in
opposition to the BID, and commented on the impact to his tenants.
MICHAEL McCARTNEY and JIM OLSENBERGER, Spurline Video
Lounge, stated their oral protest to the BID.
STEVE AHAJANIANI, Steve's Coin Shop, stated his protest to BID.
KENT DALMAN, stated his opposition to the BID.
JOY MEREDITH, Palm Springs, spoke in support of the BID and the
assessment.
JESSE DANNER, SnipSnipBuzz, stated his opposition to the BID and the
assessment.
PHYLLIS SILVER, Tony's Pasta Mia, North Palm Canyon, stated her
support for the BID.
No further speakers coming forward, the public hearing was closed.
Mayor Pro Tem Foat stated this is not a tax by the City and the funds do
not go to the City, and commented on the impact due to BID's such as the
City of San Diego.
Councilmember Hutcheson stated his support for the concept of the BID
and that the BID is making process, requested MainStreet and staff review
the BID criteria including expanding the area and the spread of the
assessment, and stated consideration should be made for vacant
buildings to pay the BID fee.
Councilmember Mills commented on the history of the development of the
BID, and stated the Board could make further recommendations as the
need arises.
City Clerk Thompson stated that a majority protest was not received on
the renewal and assessment of the BID.
ACTION: Adapt Resolution No. 22241, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
RENEWING THE LEVY OF THE PALM SPRINGS BUSINESS
IMPROVEMENT DISTRICT ASSESSMENT FOR FISCAL YEAR 2008-
09." Motion Councilmember Mills, seconded by Councilmember
Weigel and unanimously carried on a roll call vote.
City Council Minutes
June 18, 2008
Page 5
The City Council continued at 7:34 p.m., as a Joint Meeting of the City Council
and the City of Palm Springs Community Redevelopment Agency.
1,C. JOINT PUBLIC HEARING WITH RESPECT TO THE APPROVAL OF A
DISPOSITION AND DEVELOPMENT AGREEMENT WITH ENDURE
INVESTMENTS, LLC FOR THE DISPOSITION OF AN APPROXIMATE
0.45 ACRE WEDGE SHAPED AGENCY OWNED PARCEL. FOR THE
PURPOSE OF DEVELOPING AN AUTOMOTIVE SERVICE STATION
NEAR THE SOUTHEAST CORNER OF MISSION ROAD AND GENE
AUTRY TRAIL MERGED REDEVELOPMENT AREA NO. 1:
John Raymond, Director of Community and Economic Development,
provided background information as outlined in the staff report dated June
18, 2008.
Mayor Pougnet opened the public hearing, and no speakers coming
forward the public hearing was closed.
ACTION: Adopt Resolution No. 22242, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
CONCURRING WITH THE COMMUNITY REDEVELOPMENT AGENCY
REGARDING THE APPROVAL OF A DISPOSITION AND
DEVELOPMENT AGREEMENT WITH ENDURE INVESTMENTS, LLC."
A5682. Motion Councilmember Mills, seconded by Mayor Pro Tern
Foat and unanimously carried on a roll call vote.
The City Council and City of Palm Springs Community Redevelopment Agency
recessed at 7:36 p.m.
The City Council reconvened at 7:44 p.m.
PUBLIC COMMENT:
AFTAB DADA, spoke in support of Item 4.C., the 2008 American Heat Palm Springs
Motorcycle Weekend.
WENDIE BUSIG-COHEN, Palm Springs, announced the upcoming activities of the
Desert Philanthropic Association.
PATTY DELGADO stated her support for Item 4.C., the 2008 American Heat Palm
Springs Motorcycle Weekend.
KEITH McCORMICK, stated his support for Item 4.C., the 2008 American Heat Palm
Springs Motorcycle Weekend, requested the City Council consider an increase to the
promoters insurance requirements, and stated he would request the BID provide $5,000
toward the event.
City Council Minutes
June 18, 2008
Page 6
JOY MEREDITH, Palm Springs, stated her support for Item 4.C., the 2008 American
Heat Palm Springs Motorcycle Weekend, and Item 5.C., the extension of the
suspension of the two-hour time limits, and commented on parking enforcement in the
Downtown area.
RICKY WRIGHT, Principal Palm Springs High School, requested the City Council
consider the installation of a traffic signal near the High School, as part of the adoption
of the Fiscal Year 2008-09 Budget.
CRAIG BLAU, stated his support for Item 4.C., the 2008 American Heat Palm Springs
Motorcycle Weekend.
COUNCILMEMBER COMMENTS: None.
CITY MANAGER'S REPORT: None,
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.E., 2.1., 2.K., 2.N., 2.0., 2,P., 2.R.,
2.5., and 27. Motion Mayor Pro Tern Foat, seconded by Councilmember
Weigel 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 June 18, 2008,
City Council Agenda. Approved as part of the Consent Calendar.
2.13. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 22243, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1028401 THROUGH 1028596 IN THE AGGREGATE
AMOUNT OF $1,618,332.49 DRAWN ON BANK OF AMERICA;" 2) Adopt
Resolution No. 22244, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF PAYROLL WARRANTS FOR THE PERIOD ENDED 5-31-08 BY
WARRANTS NUMBERED 413435 THROUGH 413487 TOTALING
$94,616.07, LIABILITY CHECKS NUMBERED 1028597 THROUGH
1028617 TOTALING $146,899.24, FOUR WIRE TRANSFERS FOR
$66,341.15, AND THREE; ELECTRONIC ACH DEBITS OF $1,107,440.56,
IN THE AGGREGATE AMOUNT OF $1,415,297.02 DRAWN ON BANK
OF AMERICA;" and 3) Adopt Resolution No. 22245, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1028618 THROUGH 1028713 IN THE AGGREGATE
AMOUNT OF $457,644.23 DRAWN ON BANK OF AMERICA." Approved
as part of the Consent Calendar, noting the abstention of
Councilmember Mills on Warrant No. 1028707,
City Council Minutes
June 18, 2008
Page 7
2.C. 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, on June 20, 2007.
Approved as part of the Consent Calendar.
2.E. ACCEPTANCE OF PUBLIC RIGHT-OF-WAY FOR PORTIONS OF
RAMON ROAD AND EL CIELO ROAD:
ACTION: Adopt Resolution No. 22248, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ACCEPTING RIGHT-OF-WAY FOR PORTIONS OF RAMON ROAD AND
EL CIELO ROAD, IDENTIFIED AS LOTS 'A' AND 'B' ON PARCEL MAP
8489, RECORDED IN BOOK 33 OF PARCEL MAPS, PAGE 3, IN
SECTION 24, TOWNSHIP 4 SOUTH, RANGE 4 EAST, FILE R 08-013."
Approved as part of the Consent Calendar.
2.1. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH
HUNT ENVIRONMENTAL SERVICES, INC. FOR THE OVERSIGHT AND
TECHNICAL ASSISTANCE RELATED TO THE WASTEWATER
TREATMENT PLANT:
ACTION: 1) Approve an agreement with Hunt Environmental Services,
Inc., for the oversight and technical assistance related to the Wastewater
Treatment Plant for 51-weeks ending June 26, 2009, in an amount not-to-
exceed $103,500; 2) Authorize a two-year extension option of this
agreement ending June 20, 2011 at the discretion of staff, with no change
in the annual amount or service times; and 3) Authorize the City Manager
to execute all documents. A5683. Approved as part of the Consent
Calendar.
2.K. CHANGE ORDER NO. 3 TO AGREEMENT NO. A5401 WITH STEINY &
COMPANY, INC. FOR THE PROTECTED PERMISSIVE PROJECT IN
THE AMOUNT OF $407.19:
ACTION: 1) Approve Change Order No. 3 to Agreement No. A5401 with
Steiny & Company, Inc., in the amount of $407.19 for a revised total of
$335,974.33, for the Protected Permissive Project, CP 05-07; and 2)
Authorize the City Manager to execute all necessary documents. A5401.
Approved as part of the Consent Calendar,
2.N. CONSENT TO A SUBLEASE AGREEMENT BETWEEN THE
O'DONNELL GOLF CLUB AND PAUL C. MARUT AND TRACY H.
CONRAD, TRUSTEES OF THE CONRAD-MARUT FAMILY TRUST FOR
THE CARRIAGE HOUSE SITUATED ON THE O'DONNELL GOLF
COURSE PROPERTY:
ACTION: 1) Consent to the sublease between the O'Donnell Golf Club
and Paul C. Marut and Tracy H. Conrad, Trustees of the Conrad-Marut
City Council Minutes
June 18, 2008
Page 8
Family Trust for the Carriage House situated on the O'Donnell Golf
Course property; and 2) Authorize the City Manager to execute all
necessary documents. A0208. Approved as part of the Consent
Calendar, noting the abstention of Councilmember Hutcheson and
Councilmember Mills.
2.0. RESOLUTION OF SUPPORT OF SENATE BILL SB1646 (PADILLA)
RE-AUTHORIZING THE SOUTH COAST AIR QUALITY MANAGEMENT
DISTRICT'S CLEAN FUELS PROGRAM:
ACTION: Adopt Resolution No. 22260, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
SUPPORTING SENATE BILL SB1646 (PADILLA) RE-AUTHORIZING
THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT'S CLEAN
FUELS PROGRAM." Approved as part of the Consent Calendar.
2.P. APPROVE AN AGREEMENT WITH THE CITY OF CATHEDRAL CITY
TO BOOK PRISONERS IN THE PALM SPRINGS JAIL.-
ACTION; 1) Approve an agreement with the City of Cathedral City to book
prisoners into the Palm Springs Jail; and 2) Authorize the City Manager to
execute the Agreement. A5685. Approved as part of the Consent
Calendar.
2.R. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E)
AND AUTHORIZATION TO BID THE TRAFFIC SIGNAL LOOP REPAIR
PROJECT, SUNRISE WAY AT ALEJO ROAD TRAFFIC SIGNAL
MODIFICATION, SUNRISE WAY AT MESQUITE AVENUE TRAFFIC
SIGNAL MODIFICATION, AND 2007-08 PROTECTED PERMISSIVE
TRAFFIC SIGNAL CONVERSION PROJECT:
ACTION: 1) Approve the plans, specifications, and working details for the
Traffic Signal Loop Repair Project (City Project 07-11), Sunrise Way at
Alejo Road Traffic Signal Modification (City Project 07-12), Sunrise Way at
Mesquite Avenue Traffic Signal Modification (City Project 07-14), and the
2007-08 Protected-Permissive Traffic Signal Conversion Project (City
Project 07-19); 2) Authorize staff to advertise and solicit bids as one
comprehensive capital project; and 3) Authorize the City Manager to
award a construction contract to the lowest responsible and responsive
bidder, subject to reporting and ratification by the City Council at the
September 3, 2008, City Council meeting. A5686. Approved as part of
the Consent Calendar.
2.& 2008 BIENNIAL NOTICE FOR CITY STAFF TO REVIEW THE
CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL
REFORM ACT:
ACTION: Adopt Resolution No. 22262, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
REQUIRING CITY STAFF TO REVIEW THE CONFLICT OF INTEREST
City Council Minutes
June 18. 2008
Page 9
CODE AND SUBMIT A BIENNIAL NOTICE AS REQUIRED UNDER THE
POLITICAL REFORM ACT." Approved as part of the Consent
Calendar.
2.T. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE
NO. 1742, AMENDMENTS TO THE CITY'S HOTEL OPERATIONS
INCENTIVE PROGRAM:
ACTION: Waive further reading and adopt Ordinance No. 1742, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTIONS 5.26.020 AND 5.26.040 AND SUBSECTION (a)
OF SECTION 5.24.030 OF THE PALM SPRINGS MUNICIPAL CODE,
RELATING TO AMENDMENTS TO THE CITY'S HOTEL OPERATIONS
INCENTIVE PROGRAM." Approved as part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2.11). FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 12, SMOKE
TREE COMMONS:
Councilmember Mills requested staff ensure that automatic CPI adjustments be
included in all new assessment districts.
ACTION: 1) Adopt Resolution No. 22246, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, INITIATING
PROCEEDINGS FOR THE FORMATION OF LANDSCAPE MAINTENANCE
DISTRICT NO. 12 "SMOKE TREE COMMONS;" AND THE LEVY AND
COLLECTION OF ASSESSMENTS RELATED THERETO COMMENCING WITH
FISCAL YEAR 2008-09;" and 2) Adapt Resolution No. 22247, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING ITS INTENTION TO FORM LANDSCAPE MAINTENANCE
DISTRICT NO. 12 "SMOKE TREE COMMONS;" AND DECLARING ITS
INTENTION TO CONDUCT A PROPERTY OWNER BALLOTING ON THE
MATTER OF NEW ASSESSMENTS RELATED THERETO COMMENCING
WITH FISCAL YEAR 2008-09." Motion Councilmember Mills, seconded by
Councilmember Hutcheson and unanimously carried on a roll call vote.
2.F. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS CITYWIDE STREET
LIGHTING AND PARKWAY MAINTENANCE DISTRICTS, FISCAL YEAR 2008-
09 AND SETTING THE PUBLIC HEARING FOR JULY 18, 2008:
Councilmember Mills questioned why staff was recommending less than the
maximum allowable assessment.
Councilmember Hutcheson requested staff address the surplus in District No. 10,
ACTION: 1. Adopt Resolution No. 22249, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY
APPROVING AND ADOPTING THE ENGINEER'S REPORT REGARDING
City Council Minutes
June 18, 2008
Page 10
STREET LIGHTING MAINTENANCE DISTRICT NO. 3 ("CROSSLEY TRACT");
AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED
THERETO FOR FISCAL YEAR 2008-09."
2. Adopt Resolution No. 22260, "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
2008-09."
3. Adopt Resolution No. 22251, "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 2008-09."
4. Adopt Resolution No. 22252, "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 2008-09."
5. Adopt Resolution No. 22253, "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 2008-09."
6. Adopt Resolution No. 22254, "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 TRACT"); AND TO LEVY
AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL
YEAR 2008-09."
7_ Adopt Resolution No. 22255, "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. 9 ("FLORA VISTA"); AND THE
LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO
FOR FISCAL YEAR 2008-09."
City Council Minutes
June 18, 2008
Page 11
8. Adopt Resolution No. 22256, "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
2008-09."
9. Adopt Resolution No. 22257, "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. 10, ZONE 1 AND ZONE 2,
("MOUNTAIN GATE"); AND THE LEVY AND COLLECTION OF ANNUAL
ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2008-09."
10. Adopt Resolution No. 22258, "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 2008-09." Motion Councilmember Hutcheson,
seconded by Councilmember Weigel and unanimously carried on a roll call
vote.
2.G. TIME EXTENSION FOR SUBDIVISION IMPROVEMENT AGREEMENT NO.
A5439 WITH K. HOVNANIAN'S FOUR SEASONS AT PALM SPRINGS, LLC,
FOR TRACT MAP 31525:
Councilmember Weigel stated the City had required similar requirements on
other requests for time extensions for subdivision improvement agreements.
ACTION: Approve a one-year extension of time for the completion of
improvements associated with Subdivision Improvement Agreement No. A5439
with K. Hovnanian's Four Seasons at Palm Springs, LLC for Tract Map 31525.
A5439. Motion Mayor Pro Tom Foat, seconded by Councilmember Mills and
unanimously carried on a roll call vote.
Mayor Pougnet stated he has a property ownership conflict of interest with respect to
Item 2.H., would not participate in the discussion or the vote, and left Council Chamber.
Mayor Pro Tem Foat chaired this portion of the meeting.
2.H. TIME EXTENSION FOR SUBDIVISION IMPROVEMENT AGREEMENT NO.
A4814 WITH CALISE DEVELOPMENT FOR TRACT MAP 28966:
Councilmember Weigel requested staff address the nature of the public
improvements that requires completion.
ACTION: Approve a one-year extension of time for the completion of
improvements associated with Subdivision Improvement Agreement No. A4814
City Council Minutes
June 18, 2008
Page 12
with Calise Development, LLC for Tract Map 28966. A4814. Motion
Councilmember Mills, seconded by Councilmember Weigel, and
unanimously carried 4-0, noting the absence of Mayor Pougnet.
Mayor Pougnet returned to the dais.
2.J. APPROVE AN AGREEMENT WITH OVERDRIVE, INC. TO PROVIDE DIGITAL
BOOKIMEDIA COLLECTION TECHNOLOGY AND SERVICES, FOR FOUR
YEARS IN AN AMOUNT NOT-TO-EXCEED $81,000:
Councilmember Weigel stated this is an exciting contract and service we are
providing to the public.
ACTION: 1) Approve a contract service plan agreement with Overdrive, Inc., to
provide digital book/media collection technology and services, for four years in an
amount not-to-exceed $81,000; and 2) Authorize the City Manager to execute all
necessary documents, in a form acceptable to the City Attorney. A5684. Motion
Councilmember Weigel, seconded by Councilmember Hutcheson and
unanimously carried on a roll call vote.
2.L. TIME EXTENSION FOR SUBDIVISION IMPROVEMENT AGREEMENT NO.
A5155 WITH CRV PALM SPRINGS, LP FOR TRACT MAP 31514:
ACTION: Approve a one-year extension of time for the completion of
improvements associated with Subdivision Improvement Agreement No. A5155,
with CRV Palm Springs, LP for Tract Map 31514. A5155. Motion Mayor Pro
Tem Foat, seconded by Councilmember Mills and unanimously carried on a
roll call vote.
2.M. BUDGET AMENDMENT FOR FISCAL YEAR 2007-08 FOR THE
WASTEWATER TREATMENT PLANT PERIMETER SECURITY FENCE
PROJECT:
Councilmember Mills requested the plan and design be review by the AAC.
ACTION. 1) Adopt Resolution No. 22259, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE
BUDGET FOR FISCAL YEAR 2007-08;" and 2) Direct staff that the fence plan
and design be reviewed by the AAC. Motion Councilmember Mills, seconded
by Councilmember Weigel and unanimously carried on a roll call vote.
2.Q. INSURANCE RENEWALS FOR THE CITY'S PROPERTY, EXCESS LIABILITY,
CRIME, AIRPORT OWNERS, OPERATORS AND AIRCRAFT HULL
LIABILITY, AND EXCESS WORKERS' COMPENSATION POLICIES IN AN
AMOUNT NOT-TO-EXCEED $620,308.00:
Councilmember Mills requested staff address the two options and the staff
recommendation.
City Council Minutes
June 18, 2008
Page 13
ACTION: 1) Adopt Resolution No. 22261, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING
KEENAN & ASSOCIATES, AS THE CITY'S BROKER OF RECORD, TO
PURCHASE PROPERTY LIABILITY, EXCESS LIABILITY, CRIME, AIRPORT
OWNERS, OPERATORS AND AIRCRAFT HULL LIABILITY, AND EXCESS
WORKER'S COMPENSATION INSURANCE POLICIES EFFECTIVE JULY 1,
2008;" and 2) Authorize the City Manager to execute the necessary documents.
Motion Councilmember Weigel, seconded by Mayor Pro Tem Foat and
unanimously carried on a roll call vote.
3. LEGISLATIVE:
3.A, PROPOSED ORDINANCE INCREASING THE NUMBER OF MEMBERS
ON THE RESOURCE CONSERVATION COMMISSION FROM SEVEN
(7) TO ELEVEN (11) MEMBERS:
Mayor Pougnet provided background information as outlined in the staff
report dated June 18, 2008, and requested the City Clerk expedite the
process.
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. 1743,
"AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 2.28.010 OF THE PALM SPRINGS MUNICIPAL
CODE, INCREASING THE NUMBER OF MEMBERS ON THE
RESOURCE CONSERVATION COMMISSION TO ELEVEN (11)
MEMBERS." Motion Mayor Pro Tern Foat, seconded by
Councilmember Hutcheson and unanimously carried on a roll call
vote.
4. UNFINISHED BUSINESS:
4.A, ONE-YEAR TIME EXTENSION FOR TTM 30047 FROM LARRY
MATHENA OF CT-EAGLE MEMBER, LLC, A PREVIOUSLY
APPROVED SUBDIVISION OF AN APPROXIMATE 80-ACRE PARCEL
FOR 75 SINGLE-FAMILY RESIDENTIAL LOTS AND 155 TOWNHOMES
LOCATED AT THE WEST SIDE OF SOUTH PALM CANYON DRIVE
AND SOUTH OF BOGERT TRAIL:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated June 18, 2008.
ACTION: Adopt Resolution No. 22263, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A ONE-YEAR TIME EXTENSION FROM JULY 5, 2008, TO
JULY 4, 2009, FOR CASE TTM 30047, A PREVIOUSLY APPROVED
SUBDIVISION OF AN APPROXIMATE 80-ACRE PARCEL FOR 75
SINGLE-FAMILY RESIDENTIAL LOTS AND 155 TOWNHOMES
City Council Minutes
June 18, 2008
Page 14
LOCATED AT THE WEST SIDE OF SOUTH PALM CANYON DRIVE
AND SOUTH OF BOGERT TRAIL, ZONE PD-317, SECTION 34."
Motion Mayor Pro Tern Foat, seconded by Councilmember Weigel
and unanimously carried on a roll call vote.
4.13. ADOPTION OF THE CITY OF PALM SPRINGS AND COMMUNITY
REDEVELOPMENT AGENCY BUDGET FOR FISCAL YEAR 2008-09:
City Manager Ready and Geoffrey Kiehl, Director of Finance, provided
background information as outlined in the staff report dated June 18,
2008.
Councilmember Weigel stated that staff has minimized the short fall, along
with proposed "outs" if revenues do not meet projections during the year.
The City Council discussed funding of special events.
Councilmember Hutcheson requested staff address the Municipal Golf
Courses, requested the City Manager delay filling vacant positions to
reduce the proposed $319,809 deficit.
ACTION: 1) Adopt Resolution No. 22264, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADOPTING THE ALLOCATED POSITIONS AND COMPENSATION
PLAN FOR FISCAL YEAR 2008-09;" 2) Adopt Resolution No. 22265, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA APPROVING THE BUDGET FOR FISCAL
YEAR 2008-09; amending the budget to provide allocated special event
funding for Community Concerts in the amount of $22,000, Modernism
Week in the amount of $20,000, Palm Springs Pride in the amount of
$12,500, Tour de Palm Springs in the amount of $18,000 and increase
unallocated Special Fvent funding to $100,000, 3) Adopt Resolution No.
22266, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, CONFIRMING THE FAIR MARKET
VALUE OF THE VISITOR'S CENTER, VILLAGE GREEN, AND SUNRISE
PARK TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS;" and 4) Direct the City Manager and Director
of Finance and Treasurer to make the appropriate modifications to the
Preliminary Budget and prepare the final budget document for Fiscal Year
2008-09. Motion Councilmember Weigel, seconded by
Councilmember Mills and unanimously carried on a roll call vote.
City Council Minutes
June 18, 2008
Page 15
4.C. SUSPENSION OF CERTAIN REGULATORY ORDINANCES TO
FACILITATE THE 2008 AMERICAN HEAT PALM SPRINGS
MOTORCYCLE WEEKEND:
City Manager Ready and David Dominguez, Police Chief, provided
background information as outlined in the staff report dated June 18,
2008.
The City Council discussed public safety issues and the proposed funding
of the event.
ACTION: 1) Adopt Resolution No. 22267, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
SUSPENDING CERTAIN REGULATORY ORDINANCES FROM
OCTOBER 10 THROUGH OCTOBER 12, 2008, TO FACILITATE THE
2008 AMERICAN HEAT PALM SPRINGS MOTORCYCLE WEEKEND;" 2)
Direct the Finance Director to allocate $35,000 from unallocated Special
Events; and 3) Authorize the City Manager to execute an Agreement, in a
form acceptable by the City Attorney. A5687. Motion Councilmember
Mills, seconded by Mayor Pro Tem Foat and carried 3-2 on a roll call
vote.
AYES: Councilmember Mills, Mayor Pro Tern Foat, and Mayor
Pougnet.
NOES: Councilmember Hutcheson, and Councilmember Weigel.
The City Council recessed at 9:53 p.m., and the City of Palm Springs Community
Redevelopment Agency continued.
The City Council reconvened at 9:58 p.m.
ACTION: Continue past the 10:00 p.m. tentative adjournment time. Motion
Councilmember Mills, seconded by Mayor Pro Tern Foat and unanimously carried
on a roll call vote.
5. NEW BUSINESS:
5.A. LEASE AGREEMENT WITH AMERICANOS USA, LLC, A WHOLLY-
OWNED SUBSIDIARY OF GREYHOUND LINES, INC. FOR A NON-
EXCLUSIVE USE OF THE PALM SPRINGS TRAIN STATION ON
GARNET STATION ROAD:
ACTION: 1) Approve a lease agreement with Americanos USA LLC, a
wholly-owned subsidiary of Greyhounds Lines, Inc_, for the non-exclusive
use of the Palm Springs Train Station on Garnet Station Road; and 2)
Authorize the City Manager to execute all necessary documents. A5688.
City Council Minutes
June 18, 2008
Page 16
Motion Councilmember Mills, seconded by Mayor Pro Tern Foat and
unanimously carried on a roll call vote.
5.8. AMENDMENT NO. 3 TO AGREEMENT NO. A5242 WITH STANDARD
PARKING CORPORATION FOR DOWNTOWN PARKING CONTROL
AND ENFORCEMENT SERVICES FOR FISCAL YEAR 2008-09:
City Manager Ready provided background information as outlined in the
staff report dated June 18, 2008,
ACTION: 1) Approve Amendment No. 3 to Agreement No. A5242 with
Standard Parking for downtown parking enforcement services in an
amount not-to-exceed $98,979. for the one year period ending June 30,
2009; and 2) Authorize the City Manager to execute all necessary
documents. A5242. Motion Councilmember Mills, seconded by
Councilmember Hutcheson and unanimously carried on a roll call
vote.
5.C. EXTEND 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 TO JUNE 30, 2009:
City Manager Ready provided background information as outlined in the
staff report dated June 18, 2008_
Mayor Pougnet requested staff review the red zones in the Downtown and
Uptown area.
ACTION: Adopt Resolution No. 22268, "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, DOWNTOWN CITY-OWNED
PARKING LOTS, AND THE DOWNTOWN PARKING STRUCTURE
THROUGH JUNE 30, 2009 ". Motion Councilmember Mills, seconded
by Councilmember Hutcheson and unanimously carried on a roll call
vote.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Weigel commented on a recent experience with Palm Springs Animal
Control, and warned residents regarding snakes in the residential areas.
Councilmember Foat requested the meeting be adjourned in memory of Keith
Weitzman, who married his partner earlier that day.
City Council Minutes
June 18, 2008
Page 17
ADJOURNMENT: The City Council adjourned at 10:08 p.m., in memory of Keith
Weitzman, to an Adjourned Regular Meeting, Wednesday, June 25, 2008, at 3:00 P.M.
in the Large Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm
Springs.
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS
9TH DAY OF JULY, 2008.
STEPHEN P. POUGNET, MAYOR
ATTEST:
AM ES THOMPSON, CITY CLERK