HomeMy WebLinkAbout2008-01-09 CC MINUTES CITY COUNCIL
CITY OF PALM SPRINGS, CALIFORNIA
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MINUTES
WEDNESDAY, JANUARY 9, 2008
City Hall Council Chamber
CALL TO ORDER: Mayor Pougnet called the meeting to order at 6:03 p.m.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, 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:
Pastor David Sanger, Our Savior's Community Church, and Former Desert Hot Springs
Councilmember Hank Hohenstein, updated the City Council on the new Church, and
presented a check to the City for After-School programs.
Mayor Pougnet and the City Council presented a Certificate of Recognition to James
Smith, Manager of Information Technology, as MAPS Employee of the Year, and
thanked him for his service.
REPORT OF CLOSED SESSION: At 4:00 p.m. the meeting was called to order and the
City Council added one Item to the Closed Session Agenda pursuant to Government
Code Section 54956.9(a) Conference with Legal Counsel for the case titled Advocates
for Better Community Development v. City of Palm Springs et. a/., Case No. INC
062704, Riverside County Superior Court, Indio, CA.
ACTION: 1) Make the finding the Item came to the attention of the City after the posting
of the agenda and there is an immediate need to hear and/or take action on the Item;
and 2) Add to the Closed Session Agenda pursuant to Government Code Section
54956.9(a) Conference with Legal Counsel, Existing Litigation, Advocates for Better
Community Development v. City of Palm Springs. Motion Councilmember Weigel,
City Council Minutes
January 9, 2008
Page 2
seconded by Councilmember Hutcheson and unanimously carried, noting the
absence of Mayor Pro Tom Foat and Councilmember Mills.
City Attorney Holland reported that the City Council then recessed into Closed Session
to discuss Items on the Closed Session Agenda. The City Council authorized the City
Attorney to execute a Tolling Agreement with Century Crowell Communities L.P.,
otherwise the City Council took no reportable actions. A5609.
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson requested Consent Calendar Item 2.G. be withdrawn from the
Agenda at the request of staff.
Councilmember Mills requested Items 2.1. and 21. be removed from the Consent
Calendar for separate discussion.
Mayor Pro Tern Foat noted her abstention on Consent Calendar Item 2.13.
ACTION: Accept the Agenda as amended. Motion Councilmember Hutcheson,
seconded by Councilmember Mills and unanimously carried on a roll call vote.
1. PUBLIC HEARINGS:
1.A. CONSTRUCTION COST OF THE PALM SPRINGS ANIMAL SHELTER,
BENEFITING MERGED REDEVELOPMENT PROJECT NOS. AREA 1
AND 2 IN THE AMOUNT OF $5,000,000:
City Manager Ready provided background information as outlined in the
staff report dated January 9, 2008.
Mayor Pougnet opened the public hearing, and the following speakers
addressed the City Council.
FRANK ALVAREZ, thanked the City Council for moving forward with the
construction of a new Animal Shelter.
JOY MEREDITH, thanked the City Council for the development of a new
Animal Shelter.
No further speakers coming forward, the public hearing was closed.
Mayor Pro Tem Foat commented on the progress with respect to the
development of a new Animal Shelter, and requested assistance from the
citizens.
City Council Minutes
January 9, 2008
Page 3
Mayor Pougnet requested staff address the finalization of the development
budget.
Councilmember Weigel stated the Shelter has been a long time coming,
and thanked the Committee, the City Council, and Community.
ACTION: Adopt Resolution No. 22123, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING
THE FINDINGS PURSUANT TO HEALTH AND SAFETY CODE
SECTION 33445 RELATING TO PAYMENT OF ALL OR PART OF THE
CONSTRUCTION COSTS OF THE PALM SPRINGS ANIMAL SHELTER
BENEFITING MERGED REDEVELOPMENT PROJECT AREA NOS. 1
AND 2." Motion Councilmember Mills, seconded by Councilmember
Weigel and unanimously carried on a roll call vote.
I.B. PROPOSED ORDINANCE AND RESOLUTION TO FUND THE
PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE
WITH THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT
CONSERVATION PLAN:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated January 9, 2008.
Councilmember Mills requested staff address the calculation of the fee.
Mayor Pougnet opened the public hearing, and no speakers coming
forward the public hearing was closed.
ACTION: 1) Waive reading of the Ordinance text and introduce by title
only; 2) Introduce on first reading Ordinance No. 1734, "AN ORDINANCE
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER
8.95 TO THE PALM SPRINGS MUNICIPAL CODE ESTABLISHING A
LOCAL DEVELOPMENT MITIGATION FEE FOR FUNDING THE
PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE
WITH THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT
CONSERVATION PLAN;" and 3) Adopt Resolution No. 22124, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, ADOPTING THE LOCAL DEVELOPMENT
MITIGATION FEE SCHEDULE APPLICABLE TO NEW DEVELOPMENT
WITHIN THE CITY OF PALM SPRINGS." Motion Councilmember Mills,
seconded by Councilmember Hutcheson and unanimously carried
on a roll call vote.
City Council Minutes
January 9, 2008
Page 4
PUBLIC COMMENT:
TONY RODRIGUEZ, Palm Springs High School Student, commented on the activities
of the International Business Club at Palm Springs High School.
GUADALUPE ELGNER, Palm Springs High School Student, commented on the
activities of the International Business Club at Palm Springs High School.
JOSHUA CHAO, Palm Springs High School, commented on the activities of the
International Business Club at Palm Springs High School.
JOHN PIVINSKI, Palm Springs Chamber, commented on marketing of the Downtown
area, questioned the process for the hiring of a management consultant for Item RA2.,
and requested the City Council delay a decision until stakeholders are consulted.
JOY MEREDITH, Palm Springs, stated Main Street did not take action on RA2., as Main
Street was not consulted, nor were any of the stakeholders in the Downtown area, and
stated the process could have been improved.
JEFF WELSHANS, Palm Springs, commented on the hillside development and the rock
crushing problem at the Palm Springs Modern Homes Pedregal site, requested a stop
order on the project, and a moratorium on such construction activities.
DANA STEWART, Palm Springs, commented on the hillside development and the rock
crushing problem at the Palm Springs Modern Homes Pedregal site, requested a stop
order on the project, and a moratorium on such construction activities.
COUNCILMEMBER COMMENTS:
Mayor Pougnet requested Fire Chief Blake Goetz provide a verbal report on the rock
crushing incident near the Chino Cone at the Palm Springs Modern Homes Pedregal
site.
CITY MANAGER'S REPORT:
City Manager Ready provided an update on the Joint Meeting with the Resource
Conservation Commission, the U.S. Conference of Mayors, and the Green Building
"Think Tank."
Thomas Wilson, Assistant City Manager, provided an update on the Escena
Development, Avalon Sun Cal Development, and the Burnett Country Club Project.
City Manager Ready thanked the Raymond Cree High School Band for their
performance at City Hall during the holidays, commented on the donation to the Fire
City Council Minutes
January 9, 2008
Page 5
Department for Improvements to the kitchen at Fire Station 4, and updated the City
Council with respect to the activities at the Palm Springs Film Festival.
The City Council recessed at 7:14 p.m„ as the Community Redevelopment Agency.
The City Council reconvened at 7:33 p.m.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.H., 2.J., and 2.K.
Motion Councilmember Mills, 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 January 9, 2008,
City Council Agenda. Approved as part of the Consent Calendar.
2.8, APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of December 19, 2007.
Approved as part of the Consent Calendar, noting the abstention of
Mayor Pro Tem Foat.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 22125, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1024973 THROUGH 1025312, IN THE AGGREGATE
AMOUNT OF $4,815,688.64, DRAWN ON BANK OF AMERICA;" 2) Adapt
Resolution No. 22126, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1025313
THROUGH 1025332, IN THE AGGREGATE AMOUNT OF $163,915.09,
DRAWN ON BANK OF AMERICA;" and 3) Adopt Resolution No. 22127,
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL
WARRANTS FOR THE PERIOD ENDED 12/15/07 BY WARRANTS
NUMBERED 412816 THROUGH 412872, TOTALING $89,521.55,
LIABILITY CHECKS NUMBERED 1025333 THROUGH 1025356,
TOTALING $143,230.37, THREE WIRE TRANSFERS FOR $70,006.24,
AND THREE ELECTRONIC ACH DEBITS OF $1,222,018.70, IN THE
AGGREGATE AMOUNT OF $1,624,776.86, DRAWN ON BANK OF
AMERICA." Approved as part of the Consent Calendar.
2.D. STAFF AUTHORIZED AGREEMENTS FOR DECEMBER 2007:
ACTION: Receive and file Staff Authorized Agreements covering the
period December 1 through December 31, 2007. Approved as part of
the Consent Calendar.
City Council Minutes
January 9, 2008
Page 6
2.E. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE
NO. 1730, ADDING CHAPTER 5.26 TO THE PALM SPRINGS
MUNICIPAL CODE, RELATING TO THE ESTABLISHMENT OF A
HOTEL OPERATIONS INCENTIVE PROGRAM:
ACTION: Waive further reading and re-adopt Ordinance No. 1730, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING
CHAPTER 5.26 TO THE PALM SPRINGS MUNICIPAL CODE RELATING
TO THE ESTABLISHMENT OF A HOTEL OPERATIONS INCENTIVE
PROGRAM." Approved as part of the Consent Calendar.
2.F. TREASURER'S INVESTMENT REPORT AS OF NOVEMBER 30, 2007:
ACTION: Receive and File the Treasurer's Investment Report as of
November 30, 2007. Approved as part of the Consent Calendar.
2.H. AMENDMENT NO. 14 TO AGREEMENT NO. A4382 WITH GENSLER
ARCHITECTURAL SERVICES FOR ADDITIONAL SERVICES, PHASE II
TERMINAL REHABILITATION/ENHANCEMENT PROGRAM:
ACTION: 1) Approve Amendment No. 14 to Agreement No. A4382 with
Gensler Architectural Services for additional airport design work to
incorporate components added during the schematic design process for
Phase II Terminal Rehabilitation/Enhancement Program, and 2) Authorize
the City Manager to execute all necessary documents. A4382. Approved
as part of the Consent Calendar.
2.J. AWARD CONTRACT TO MACADEE ELECTRICAL CONSTRUCTION,
INC., FOR THE PROTECTIVE-PERMISSIVE SIGNAL CONVERSION
PROJECT, PHASE 1, IN THE AMOUNT OF $35,769, CITY PROJECT
NO. 07-19:
ACTION: Approve an agreement with Macadee Electrical Construction,
Inc., for the Protective-Permissive Signal Conversion Project, Phase 1, in
the amount of $35,769, City Project No. 07-19; 2) Authorize the City
Manager to execute all necessary documents. A5608. Approved as part
of the Consent Calendar.
2.K. VEHICLE OUTFITTING FOR POLICE DEPARTMENT:
ACTION: Waive the competitive requirements of the Municipal Code and
approve the purchase of equipment and integration services for police
patrol vehicles from Woodcrest Vehicle Center. Approved as part of the
Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2.G. FINAL MAP 33341 AND A SUBDIVISION IMPROVEMENT
AGREEMENT WITH AQUA PALM SPRINGS, LLC, FOR A 6 LOT
City Council Minutes
January 9, 2008
Page 7
TRACT MAP FOR CONDOMINIUM PURPOSES LOCATED AT 2705 E.
TAHQUITZ CANYON WAY:
ACTION: Withdrawn from the Agenda at the request of staff.
2.1. APPEAL OF THE DECISION OF THE PLANNING COMMISSION AND
GRANTING THE APPEAL FILED BY JESSE DANNER (SNIP SNIP
BUZZ), CASE SP-07-112, SIGN PROGRAM WITH CONDITIONS AT 373
SOUTH PALM CANYON DRIVE:
ACTION: Adopt Resolution No. 22128, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
OVERTURNING THE PLANNING COMMISSION DECISION AND
GRANTING THE APPEAL BY APPLICANT JESSE DANNER (SNIP SNIP
BUZZ), CASE NO. SP 07-112/SIGN PROGRAM WITH CONDITIONS AT
373 SOUTH PALM CANYON DRIVE ZONE CBD, SECTION 15." Motion
Mayor Pro Tern Foat, seconded by Mayor Pougnet and carried 4-1 on
a roll call vote.
AYES: Councilmember Hutcheson, Councilmember Weigel, Mayor
Pro Tern Foat, and Mayor Pougnet.
NOES: Councilmember Mills.
21. AMENDMENT NO. 2 TO AGREEMENT NO. A5336 WITH EVERGREEN
RECYCLING SOLUTIONS, FOR SOLID WASTE MANAGEMENT AND
RECYCLING CONSULTING SERVICES, FOR ADDITIONAL SERVICES
AND INCREASING THE CONTRACT AMOUNT $30,000:
Councilmember Mills requested staff address the qualifications of the
individual, with respect to the Resource Conservation Commission.
ACTION: Table and return with additional information on the Consultant's
qualifications for the additional proposed programs and activities. By
consensus of the City Council.
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS:
4.A. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) REQUEST
FOR PROPOSAL (RFP) FOR THE UNITED STATES DEPARTMENT OF
HOUSING & URBAN DEVELOPMENT FISCAL YEAR 2008-09, CDBG
PROGRAM, 34TH PROGRAM YEAR:
City Manager Ready and Dale Cook, Economic Development
Administrator, provided background information as outlined in the staff
report dated January 9, 2008.
City Council Minutes
January 9, 2008
Page 8
Councilmember Weigel requested staff address the goals of the five-year
plan, and advance funding.
Mayor Pro Tern Foat requested staff address if the City had received the
final appropriation amount to fund CDBG projects, recommended in future
years the City provide for a concentration of specific target populations,
and requested staff address within the process and/or rating how to assist
smaller agencies apply and receive grants.
Councilmember Mills recommended the City give a priority for Capital
Improvement Projects to Agencies that will provide matching funds,
including those requests from City Departments and Agencies.
Councilmember Hutcheson thanked the Committee, commented on the
rating system, and stated the rating system is fair to Agencies, and
provides for reaching as many people as we can with the limited funds.
No action taken.
5. NEW BUSINESS:
5.A. PREPARATION OF THE STATE-MANDATED UPDATE TO THE PALM
SPRINGS HOUSING ELEMENT CHAPTER OF THE GENERAL, PLAN
FOR THE PLANNING PERIOD OF 2008 THROUGH 2O14:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated January 9, 2008.
Mayor Pougnet commented on the re-zoning of land for the building of
rental housing especially near Gene Autry and Indian Canyon with access
to the Interstate.
Mayor Pro Tern Foat commented on the committees and requested staff
address citizen participation and outreach.
Councilmember Mills commented on the evaluation of vacant sites, and/or
other redevelopment sites.
No action taken.
5.13. APPOINTMENT OF A MEMBER OF THE CITY COUNCIL AS THE
LIAISON TO THE PALM SPRINGS ECONOMIC DEVELOPMENT
CORPORATION (PSEDC):
ACTION: 1) Appoint Councilmember Hutcheson as the liaison to the Palm
Springs Economic Development Corporation. Motion Mayor Pro Tem
Foat, seconded by Mayor Pougnet and carried 4-0 on a roll call vote.
City Council Minutes
January 9, 2008
Page 9
AYES: Councilmember Mills, Councilmember Weigel, Mayor Pro
Tern Foat, and Mayor Pougnet.
NOES: None.
ABSTAIN: Councilmember Hutcheson.
ADJOURNMENT: The City Council adjourned at 8:19 p.m. to a Regular Meeting,
Wednesday, January 16, 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
16T" DAY OF JANUARY, 2008.
STEP EN POUGNET, MAYOR
ATTEST:
ES THOMPSON, CITY CLERK