HomeMy WebLinkAbout2008-06-04 CC MINUTES CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
a' :
MINUTES
WEDNESDAY, JUNE 4, 2008
City Hall Council Chamber
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:00 p.m.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge.
INVOCATION: Rev. Michael Kearney, Palm Springs Church of Religious Science.
ROLL CALL:
PRESENT: Councilmember Hutcheson, Councilmember Mills, Councilmember
Weigel, and Mayor Pougnet.
i ABSENT: Mayor Pro Tern Foat.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS:
The Resource Conservation Commission announced the program and the winner of the
Palm Springs Unified School District and the City of Palm Springs Recycling Art
Contest.
Josha Ochoa, Asian-American Club of the Palm Springs High School International
Business Group, reported on their January, 2008, expo.
Carrie Allan, Sunup Rotary Club, reported on the Club sponsored trip to South Korea,
and presented a gift to the City from the City of Danji, South Korea.
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 posted Closed Session Agenda. No reportable actions were taken.
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson stated staff has requested Item 2.E. and Item 5.13. be withdrawn
from the Agenda.
Councilmember Weigel requested Item 2.1. be removed from the Consent Calendar for
separate discussion.
City Council Minutes
June 4, 2008
Page 2
Mayor Pougnet requested Items 2.H. and 2.J. be removed from the Consent Calendar
for separate discussion.
ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded
by Councilmember Hutcheson and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember
Weigel, and Mayor Pougnet.
NOES: None.
ABSENT: Mayor Pro Tern Foat.
The City Council continued at 6:30 p.m. as a Joint Meeting of the City Council and the
Community Redevelopment Agency.
1. JOINT PUBLIC HEARINGS:
1.A. JOINT PUBLIC HEARING FOR THE FISCAL YEAR 2008-09 BUDGET:
City Manager Ready provided background information on the proposed
Fiscal Year 2008-09 Budget.
I Mary Jo Ginther, Director of Tourism, outlined the budget request for the
Bureau of Tourism.
Councilmember Hutcheson requested the Bureau of Tourism staff address
if additional programs could be transferred to the website, reducing the
cost of fulfillment of producing and mailing hard copies.
Mayor Pougnet requested staff address the amount of the cost of living
adjustment allowed by the contract for the Bureau of Tourism, and stated
his support for the Life = Fun tagline.
City Manager Ready and Police Chief Dominguez provided information on
the Capital Improvement recommendations for the Police Department.
Councilmember Mills requested the Chief work with Desert Regional
Medical Center as a partner in public safety.
Councilmember Weigel stated we have purchased defibrillators for public
places, but we have not developed a training program for their use.
Geoffrey Kiehl, Director of Finance, outlined projected revenues and
appropriations for Fiscal Year 2008-09.
City Council Minutes
June 4, 2008
Page 3
Mayor Pougnet and Councilmember Mills reported on the updated
information from the County Clerk regarding assessments and property
taxes.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
APRIL HILDNER, provided an update on the proposed Tahquitz Creek
Mini-Park and the preparation of the area master plan, and requested the
City Council continue the $25,000 appropriation for the Master Plan for
next fiscal year.
No further speakers coming forward, the public hearing was closed.
Councilmember Weigel requested staff address the funding of the
Tahquitz Creek Mini-Park, and requested the funding of this request be
returned to the City Council.
Councilmember Hutcheson thanked staff for the updated discussion and
supports the direction to possibly delay some expenditures until revenue
projections are confirmed, requested a facade improvement program be
funded from the Community Redevelopment Agency, commented on the
$700,000 loss every year on the Municipal Golf Course, and requested the
City Manager bring back recommendations to curb the $700,000 paid by
the City, questioned if a policy exists on the use of reserves, and
recommended a policy be developed on the use and target of reserves,
and requested a transfer of specific funded grants to the unallocated
events for community input.
Councilmember Mills requested staff address the decrease in
appropriations for Marketing and Tourism, commented on the
recommendation for the percentage of reserves that should be retained,
and on Special Events funding.
Councilmember Weigel stated his support for use of fund balance if the
SDF funds are not received from the State.
Mayor Pougnet requested Finance Staff provide a history of fund balance,
' requested staff address the status of funding of the proposed Tahquitz
Creek Mini-Park, requested the $25,000 be placed in the capital
improvement budget and stated his support for an additional $7,500
request, commented on the Police Department capital requests, and
requested the City Manager address the decrease in funding of special
events.
City Council Minutes
June 4, 2008
Page 4
Councilmember Hutcheson commented on the special events funding and
restated his support for the transfer of special events to unallocated
grants, and the deferring of some expenses until the revenue forecasts
are confirmed.
Councilmember Weigel commented on the Special Events and
Contributions, stated we had allocated $1M and there is $100,000 to
unallocated grants.
No action taken.
I.B. CONVENTION CENTER RELATED SUBLEASE AND DEBT SERVICE
PAYMENTS FOR A 1.77 ACRE PARCEL AT THE SOUTHWEST
CORNER OF CALLE ALVARADO AND AMADO ROAD, MERGED
REDEVELOPMENT PROJECT AREA NO 2:
John Raymond, Director of Community and Economic Development,
provided background information as outlined in the staff report dated June
4, 200&
Mayor Pougnet opened the public hearing, and no speakers coming
forward the public hearing was closed.
ACTION: Adopt Resolution No. 22236, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING
CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE
SECTION 33445 RELATING TO PAYMENT OF ALL OR PART OF THE
COSTS OF THE INSTALLATION AND CONSTRUCTION OF CERTAIN
BUILDINGS, FACILITIES, STRUCTURES, AND OTHER
IMPROVEMENTS WITHIN MERGED REDEVELOPMENT PROJECT
AREA NO. 2." Motion Councilmember Mills, seconded by
Councilmember Weigel and unanimously carried 4-0 on a roll call
vote.
AYES: Councilmember Hutcheson, Councilmember Mills,
Councilmember Weigel, and Mayor Pougnet.
NOES: None,
ABSENT: Mayor Pro Tern Foat.
The Community Redevelopment Agency adjourned at 7:42 p.m. and the City Council
continued.
City Council Minutes
June 4, 2008
Page 5
1. PUBLIC HEARINGS:
1.C. PROPOSED RESOLUTION ADOPTING MODIFICATIONS TO CERTAIN
USER FEES AND CHARGES AND ADOPTING THE COMPREHENSIVE
FEE SCHEDULE FOR FISCAL YEAR 2008-09:
ACTION: 1) Continue the Public Hearing to June 11, 2008, with no public
testimony; and 2) Direct the City Clerk to post a Notice of Continued
Public Hearing. Motion Councilmember Weigel, seconded by
Councilmember Mills and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Mills,
Councilmember Weigel, and Mayor Pougnet.
NOES: None.
ABSENT: Mayor Pro Tern Foat.
PUBLIC COMMENT.
CHRIS VARGO, thanked the City for the audio cross-walk devices installed at locations
in the City, and proposed a program titled Planet Palm Springs,
STEFANIE FRITH, Desert Sun, commented on the Desert Sun text message alerts for
road closures and other topics, and announced a new reporter will be supplementing
her work for the Desert Sun.
PETER MORUZZI, Palm Springs, commented on the Town and Country Center, in
relation to the initial review of the Specific Plan for the Museum Market Plaza.
BARBARA NEWMAN, Palm Springs, requested the City enforce the City ordinance with
respect to unleashed dogs.
I
SHEILA GRATTAN, Palm Springs, commented on the City reserves, provided a history
of the Blue Ribbon Budget Committee, stated the Committee recommended at least a
15% Reserve Fund, and requested the City Council and/or staff explain the sale of
property and the use of RDA funds.
SHERYL HAMLIN, commented on historical preservation and the creation of historical
preservation districts, and stated the Southwest corner of Cahuilla and Tahquitz Canyon
should not be included in the Museum Market Plaza Specific Plan.
CRAIG BLAU, commented on the Museum Market Plaza Specific Plan.
COUNCILMEMBER COMMENTS: None.
CITY MANAGER'S REPORT: None.
City Council Minutes
June 4, 2008
Page 6
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.F., 2.G., 2.K. and 21. Motion
Councilmember Mills, seconded by Councilmember Hutcheson and
unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember
Weigel, and Mayor Pougnet.
NOES: None.
ABSENT: Mayor Pro Tern Foat.
2.A. REPORT ON POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the June 4, 2008, City
Council Agenda. Approved as part of the Consent Calendar.
2.13. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of May 28, 2008. Approved
as part of the Consent Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: Adopt Resolution No. 22237, "A RESOLUTION OF THE CITY
COUNCIL. OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 5-17-08 BY WARRANTS NUMBERED 413391 THROUGH
413434 TOTALING $71,531.02, LIABILITY CHECKS NUMBERED
1028380 THROUGH 1028400 TOTALING $147,594.74, FOUR WIRE
TRANSFERS FOR $65,899.03, AND THREE ELECTRONIC ACH
DEBITS OF $1,096,374.52, IN THE AGGREGATE AMOUNT OF
$1,381,399.31 DRAWN ON BANK OF AMERICA." Approved as part of
the Consent Calendar.
2.11). STAFF AUTHORIZED AGREEMENTS FOR MAY 1 THROUGH MAY 31,
2008:
ACTION: Receive and file the Staff Authorized Agreements covering the
period May 1 through May 31, 2008. Approved as part of the Consent
Calendar.
2.F, ANNUAL RENEWAL OF THE PALM SPRINGS BUSINESS
IMPROVEMENT DISTRICT:
ACTION: Adopt Resolution No. 22239, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING ITS INTENTION TO RENEW THE PALM SPRINGS
BUSINESS IMPROVEMENT DISTRICT TO PROVIDE BUSINESS
PROMOTIONAL ACTIVITIES IN THE DOWNTOWN AND UPTOWN
AREAS OF PALM SPRINGS AND SETTING A PUBLIC HEARING DATE
FOR THE ADOPTION OF THE FISCAL YEAR 2008-09 BUDGET AND
City Council Minutes
June 4, 2008
Page 7
PROGRAM AUTHORIZING THE LEVY OF ASSESSMENTS." Approved
as part of the Consent Calendar.
2.G. AGREEMENT WITH ZEUS CONSTRUCTION, INC. FOR THE
CONVENTION CENTER RESTROOM REMODEL PROJECT IN THE
AMOUNT OF $179,775:
ACTION: 1) Approve an agreement with Zeus Construction, Inc. for the
Convention Center Restroom Remodel Project, in the amount of
$179,775, CP 08-01; and 2) Authorize the City Manager to execute all
necessary documents. A5674. Approved as part of the Consent
Calendar.
2.K. GROUND LESSOR'S CONSENT, NONDISTURBANCE AND
ATTORNMENT, AND ESTOPPEL AGREEMENT WITH AP-PALM
SPRINGS, LLC AND BANK OF AMERICA:
ACTION: Approve the Ground Lessor's Consent, Nondisturbance and
Attornment, and Estoppel Agreement, with AP-Palm Springs, LLC and
Bank of America. Original agreement with Abbey Properties, Agreement
No. A2528. Approved as part of the Consent Calendar.
2.L. ACCEPT WITH REGRET THE RESIGNATION OF JEFF BOWMAN,
CITY OF DESERT HOT SPRINGS REPRESENTATIVE TO THE PALM
SPRINGS INTERNATIONAL AIRPORT COMMISSION:
ACTION: 1) Accept with regret the resignation of Jeff Bowman; and 2)
Direct the City Clerk to post a Notice of Vacancy for the unexpired term
ending June 30, 2008. Approved as part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2.E. MAIN STREET PALM SPRINGS BYLAWS AND BUDGET AMENDMENT:
Withdrawn from the Agenda at the request of staff.
2.H. AGREEMENT FOR THE COLLECTION, TRANSPORTATION, AND DISPOSAL
OF WASTE MATERIALS WITH ASBURY ENVIRONMENTAL SERVICES:
Mayor Pougnet requested staff address the ABOP Collection site, and the wide
discrepancy of the bids.
Councilmember Mills provided an update on the ABOP facility.
ACTION: 1) Approve an agreement with Asbury Environmental Services for the
proper collection, transportation, disposal and/or destruction of waste materials,
at a fixed unit price, at the Airport, Fleet Operations, and Facilities Maintenance
Divisions for three-years, with two one-year options including CPI adjustments;
and 2) Authorize the City Manager to execute all necessary documents. A5675.
Motion Mayor Pougnet, seconded by Councilmember Hutcheson and
unanimously carried 4-0 on a roll call vote.
City Council Minutes
June 4, 2008
Page 8
AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember
Weigel, and Mayor Pougnet.
NOES: None.
ABSENT: Mayor Pro Tem Foat.
2.1. 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:
Councilmember Weigel requested staff address the grading and rock crushing
aspects of the original project as approved, requested the City Council allow
grading only on areas that will be developed, and the elimination of rock
crushing_
Councilmember Mills requested the City Attorney address the process for the
extensions of tentative tract maps.
Councilmember Hutcheson stated he would be in support of staff discussing
grading and rock crushing with the Developer.
ACTION: Continue to the City Council meeting of June 18, 2008. Motion
Councilmember Weigel, seconded by Councilmember Mills and
unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember
Weigel, and Mayor Pougnet.
NOES: None.
ABSENT: Mayor Pro Tern Foat.
2.J. AMENDMENT NO. 1 TO AGREEMENT NO. A5090 FOR REAL PROPERTY
SERVICES WITH RIVERSIDE COUNTY ASSOCIATED WITH THE INDIAN
AVENUE / INTERSTATE 10 INTERCHANGE PROJECT:
Mayor Pougnet requested the City Engineer provide an update on the City's 110
Interchanges and the timing of such.
ACTION: 1) Approve Amendment No. 1 to Agreement No. A5090 with the
County of Riverside, for real property services associated with the Indian
Avenue/Interstate 10 Interchange, CP 00-14; and 2) Authorize the City Manager
to execute all necessary documents. A5090. Motion Councilmember Mills,
seconded by Councilmember Weigel and unanimously carried 4-0 on a roll
call vote.
AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember
Weigel, and Mayor Pougnet.
City Council Minutes
June 4, 2008
Page 9
NOES: None.
ABSENT: Mayor Pro Tern Foat.
3. LEGISLATIVE:
3.A. AMENDMENTS TO THE CITY'S HOTEL OPERATIONS INCENTIVE
PROGRAM:
Thomas Wilson, Assistant City Manager, provided background information
as outlined in the staff report dated June 4, 2008.
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. 1742,
"AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTIONS 5,26.020 AND 5.26.040 OF THE PALM
SPRINGS MUNICIPAL CODE, RELATING TO AMENDMENTS TO THE
CITY'S HOTEL OPERATIONS INCENTIVE PROGRAM." Motion
Councilmember Mills, seconded by Mayor Pougnet and unanimously
carried 4-0 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Mills,
Councilmember Weigel, and Mayor Pougnet.
NOES: None.
ABSENT: Mayor Pro Tern Foat.
4, UNFINISHED BUSINESS:
4.A. INITIAL REVIEW OF SPECIFIC PLAN FOR MUSEUM MARKET PLAZA:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated June 4, 2008.
Councilmember Mills requested the City Engineer be involved in the street
alignment process, parking and landscaping, commented on the
consideration of project alternatives, and stated his support for the staff
recommendation in the Administration section of the staff report.
Mayor Pougnet stated his support for the staff report on the visions,
questioned why the Palm Hotel site was included in the Specific Plan and
the status of the Development Agreement for the parking deck, stated his
support for staff report land use discussion, stated his concerns with the
density and the rational of residential/hotel units and height, and
requested additional information on the design.
Councilmember Hutcheson questioned the process and providing updates
and input during the process with the City Council, expressed concerns
with massing and height, stated his support to focus on the gathering and
people places, commented on the street grid, coordination with the Tribe,
City Council Minutes
June 4, 2008
Page 10
preservation of buildings, stated his support of a parking and traffic study,
and stated he would like additional information on the design and
architecture as the project progresses.
Councilmember Weigel thanked staff for the comprehensive report, and
stated his support for the recommendations.
Councilmember Mills stated the application for a specific plan does not
deal with architecture and design.
No action taken.
5. NEW BUSINESS:
5.A. PURCHASE AND SALE OF PUBLIC ARTWORK ENTITLED "RED
ECHO" FROM KONSTANTIN DIMOPOULOS IN THE AMOUNT OF
$44,790, APPROVAL OF AMENDMENT NO. 5 TO AGREEMENT NO.
A5101 WITH PALM SPRINGS CLASSIC, LLC, AND PLACEMENT OF
ARTWORK AT THE MEDIAN LOCATED AT SOUTH PALM CANYON
DRIVE AND INDIAN CANYON DRIVE:
John Raymond, Director of Community and Economic Development,
provided background information as outlined in the staff report dated June
4, 2008, and requested the City Council not designate the placement site
at this time.
ACTION: 1) Approve a Purchase and Sale of Public Artwork Agreement
with Konstantin Dimopoulos, for artwork entitled 'Red Echo", in the
amount of $44,790; 2) Approve Amendment No. 5 to Agreement No.
A5101 with Palm Springs Classic, LLC, to not install the artwork "Red
Echo," reducing the reimbursement amount to $306,800; and 3) Authorize
the City Manager to execute all necessary documents. A5676. A5101.
Motion Councilmember Weigel, seconded by Councilmember
Hutcheson and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Mills,
Councilmember Weigel, and Mayor Pougnet.
NOES: None.
ABSENT: Mayor Pro Tern Foat.
S.B. PURCHASE OF 2 NEW TRUCKS FOR USE BY THE DOWNTOWN
MAINTENANCE DIVISION OF THE PARKS AND RECREATION
DEPARTMENT, AND AUTHORIZATION TO PURCHASE AN ESCAPE
HYBRID AT A FUTURE DATE:
Withdrawn from the Agenda at the request of staff.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: None.
City Council Minutes
June 4, 2008
Page 11
ADJOURNMENT. The City Council adjourned at 9:20 p.m. to a Study Session and
Adjourned Regular Meeting, Wednesday, June 11, 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.
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS
9T" DAY OF JULY, 2008.
STEPHEN P. POUGNET, MAYOR
ATTEST:
i
J MES THOMPSON, CITY CLERK