Video index
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
Roll Call: 6 members present, 0 members absent, 0 members excused.
PRESENTATIONS:
REPORT OF CLOSED SESSION:
ACCEPTANCE OF THE AGENDA:
Councilmember McCulloch requested Item 2.F. be removed from the Consent Calendar for a separate vote, and noted his business related abstention on Warrant No. 1017493 on Item 2.C.
Councilmember Foat requested Item 2.G. be removed from the Consent Calendar for separate discussion.
City Manager Ready requested the City Council hear Item 5.F. as the first New Business Item.
Motion to Accept the Agenda as amended. Moved by Councilmember Mills, seconded by Mayor Pro Tem Pougnet.
Vote to Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
PUBLIC COMMENT:
STEVE CROWELL, requested the City Council support Item RA1. regarding the Application by the Coachella Valley Housing Coalition.
RUSSELL COWARD, Palm Springs, requested the City Council approve Item 2.G. contracts for tow operators in the City of Palm Springs.
JOY MEREDITH, Palm Springs, stated her support for Item 3.A. establishment of a Downtown Business Improvement District.
JONO HILDNER, Palm Springs, stated his support for Item 2.F., amendments to the Ordinance regarding Environmentally Sensitive Development Areas including the Chino Cone, and requested the City hold public hearings with respect to the support for the Salton Sea Authority project.
COUNCILMEMBER COMMENTS AND REQUESTS:
CITY MANAGER’S REPORT:
City Manager Ready requested Police Chief Gary Jeandron provide an update on the upcoming Citizen’s Police Academy.
City Manager Ready provided an update of the Code Enforcement activities in the City.
Craig Ewing, Director of Planning Services, announced the City has received the Crystal Eagle Award, from the California Downtown Association, for the Palm Springs Downtown Urban Design Guidelines.
2. CONSENT CALENDAR:
Motion to Free Form Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., and 2.H.
Vote to Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., and 2.H. (Approved)
2.A. REPORT ON POSTING OF THE AGENDA:
Staff Report Item 2.A.
2.B. APPROVAL OF MINUTES:
Staff Report Item 2.B.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
Staff Report Item 2.C.
2.D. TREASURER'S INVESTMENT REPORT AS OF OCTOBER 31, 2006:
Staff Report Item 2.D.
2.E. ACCEPT WITH REGRET THE RESIGNATION OF EVA KARLSTROM FROM THE VILLAGEFEST BOARD:
Staff Report Item 2.E.
2.H. APPROVE EMPLOYMENT AGREEMENT FOR THE DIRECTOR OF PARKS AND RECREATION:
Staff Report Item 2.H.
EXCLUDED CONSENT CALENDAR:
2.F. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1707, AMENDING SECTION 92.21.1.05 AND 92.21.1.07 OF THE PALM SPRINGS ZONING CODE, RELATING TO REGULATIONS FOR ENVIRONMENTALLY SENSITIVE DEVELOPMENT AREAS, INCLUDING THE CHINO CONE:
Staff Report Item 2.F.
Motion to Free Form Waive further reading and adopt Ordinance No. 1707, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 92.21.1.05 AND 92.21.1.07 OF THE PALM SPRINGS ZONING CODE, RELATING TO REGULATIONS FOR ENVIRONMENTALLY SENSITIVE DEVELOPMENT AREAS, INCLUDING THE CHINO CONE."
Vote to Waive further reading and adopt Ordinance No. 1707, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 92.21.1.05 AND 92.21.1.07 OF THE PALM SPRINGS ZONING CODE, RELATING TO REGULATIONS FOR ENVIRONMENTALLY SENSITIVE DEVELOPMENT AREAS, INCLUDING THE CHINO CONE." (Approved)
2.G. APPROVING AGREEMENTS WITH CERTAIN TOW COMPANIES FOR AS-NEEDED VEHICLE TOWING AND STORAGE SERVICES FOR THE PALM SPRINGS POLICE DEPARTMENT:
Staff Report Item 2.G.
Councilmember Foat thanked staff for including the customer service training component in the agreement, and requested clarification with respect to the City’s proceeds for the sale of a lien vehicle, towing pursuant to abandoned vehicle abatement program, and the accountability for the number of the vehicles towed.
Motion to Adopt Resolution No. 21792, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AGREEMENTS WITH CERTAIN TOW COMPANIES FOR AS-NEEDED VEHICLE TOWING AND STORAGE SERVICES FOR THE PALM SPRINGS POLICE DEPARTMENT"
amending Section 38.1 of the agreement to reflect the owner of the
property
is not responsible for payment.
A5403 A&A Towing. A5404 Dave’s Towing. A5405 Mohica Towing. Moved by Councilmember Mills, seconded by Mayor Oden.
Vote to Adopt Resolution No. 21792, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AGREEMENTS WITH CERTAIN TOW COMPANIES FOR AS-NEEDED VEHICLE TOWING AND STORAGE SERVICES FOR THE PALM SPRINGS POLICE DEPARTMENT"
amending Section 38.1 of the agreement to reflect the owner of the
property
is not responsible for payment.
A5403 A&A Towing. A5404 Dave’s Towing. A5405 Mohica Towing. (Approved)
THE CITY COUNCIL RECESSED AT 6:40 P.M. AS THE CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY.
RA1. RECONSIDERATION OF A RESOLUTION SUPPORTING AN APPLICATION BY COACHELLA VALLEY HOUSING COALITION TO THE CALIFORNIA HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS (HCD) FOR PROJECT FINANCING OF THE DEVELOPMENT OF A 57-UNIT APARTMENT PROJECT ON A 4.45 ACRE PARCEL ON LAS VEGAS ROAD IN THE DESERT HIGHLAND NEIGHBORHOOD, INCLUDING AGENCY FINANCIAL PARTICIPATION NOT TO EXCEED $1,200,000 IN GAP FINANCING; AND DIRECT STAFF TO DRAFT AN OWNER PARTICIPATION AGREEMENT:
Staff Report Item RA1.
Tom Wilson, Assistant City Manager, provided background information as outlined in the staff report dated December 20, 2006.
Motion to Adopt Resolution No. 1317, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUPPORTING AN APPLICATION BY COACHELLA VALLEY HOUSING COALITION TO THE CALIFORNIA HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS (HCD) FOR PROJECT FINANCING OF THE DEVELOPMENT OF A 57-UNIT APARTMENT PROJECT ON A 4.45 ACRE PARCEL ON LAS VEGAS ROAD IN THE DESERT HIGHLAND NEIGHBORHOOD, INCLUDING AGENCY FINANCIAL PARTICIPATION NOT TO EXCEED $1,200,000 IN GAP FINANCING; AND DIRECT STAFF TO DRAFT AN OWNER PARTICIPATION AGREEMENT (OPA)". Moved by Mayor Pro Tem Pougnet, seconded by Councilmember Mills.
Vote to Adopt Resolution No. 1317, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUPPORTING AN APPLICATION BY COACHELLA VALLEY HOUSING COALITION TO THE CALIFORNIA HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS (HCD) FOR PROJECT FINANCING OF THE DEVELOPMENT OF A 57-UNIT APARTMENT PROJECT ON A 4.45 ACRE PARCEL ON LAS VEGAS ROAD IN THE DESERT HIGHLAND NEIGHBORHOOD, INCLUDING AGENCY FINANCIAL PARTICIPATION NOT TO EXCEED $1,200,000 IN GAP FINANCING; AND DIRECT STAFF TO DRAFT AN OWNER PARTICIPATION AGREEMENT (OPA)". (Approved)
THE CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY ADJOURNED AT 6:42 P.M. AND THE CITY COUNCIL RECONVENED.
3. LEGISLATIVE:
Councilmember Foat stated she has a business ownership related conflict of interest, could not participate in the discussion or the vote and left Council Chamber at 7:20 P.M.
3.A. DOWNTOWN AND UPTOWN BUSINESS IMPROVEMENT DISTRICT (BID) RESOLUTION OF INTENT AND SETTING THE PUBLIC HEARING:
Staff Report Item 3.A.
Cathy Van Horn, Economic Development Administrator, provided background information as outlined in the staff report dated December 20, 2006 and presented a Power Point presentation.
Mayor Oden requested clarification of the participation of small hotels outside of the district.
Mayor Pro Tem Pougnet requested additional information on the development of a marketing program, and commented on the measurement of success and suggested a semi-annual announcement.
Councilmember Mills requested staff address the potential of the BID for other purposes.
City Attorney Holland provided information on the potential expansion of the business improvement district.
Mayor Oden spoke to the marketing aspects of the Business Improvement District and did not wish to include an expansion for other activities.
Councilmember Mills requested the City Council consider allowing the Resolution of Intent to allow for other activities in the future.
Councilmember McCulloch requested Joy Meredith address the issue of expanding the Resolution of Intent to include other potential uses.
Councilmember Mills requested the City Council define marketing activities.
Motion to 1) Adopt Resolution No. 21793, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH 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 AN ORDINANCE ESTABLISHING THE DISTRICT AND AUTHORIZING THE LEVY OF ASSESSMENTS." Moved by Councilmember McCulloch, seconded by Mayor Oden.
Vote to 1) Adopt Resolution No. 21793, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH 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 AN ORDINANCE ESTABLISHING THE DISTRICT AND AUTHORIZING THE LEVY OF ASSESSMENTS." (Approved)
The City Council recessed at 7:08 P.M.
The City Council reconvened at 7:15 P.M.
4. UNFINISHED BUSINESS:
5. NEW BUSINESS:
The City Council took Item 5.F. out of order.
5.F. NON-EXCLUSIVE LEASE AGREEMENT WITH CLEAN ENERGY FOR THE EXPANSION AND OPERATION OF THE CNG VEHICLE FUELING STATION AT THE PALM SPRINGS INTERNATIONAL AIRPORT:
Staff Report Item 5.F.
Richard Walsh, Director of Aviation, provided background information as outlined in the staff report dated December 20, 2006.
Mayor Oden requested staff clarify the justification of the 5,000 square footage determination and if the FAA has commented on the proposal.
Mayor Pro Tem Pougnet requested staff address the outstanding issues of the square footage and the recommendation of the Airport Commission.
Councilmember Foat requested staff clarify that the provider has been at the location since 1992 and the history of the City’s allowing use of the property.
Chad Lindhom, representing Clean Energy, provided information on the two outstanding issues being design fees and square footage, and that City staff and Clean Energy could not negotiate an agreement.
Councilmember Foat requested staff address the FAA requirement for a non-aviation lease or an aviation use of CNG, requested staff address if other providers have been contacted, requested clarification on the .25 cent reduction on City vehicles, the City request to move the site, and the action being requested by the City Council.
Mayor Pro Tem Pougnet requested staff address the total area use of 17,000 square feet.
Councilmember Mills commented on the history of the site, commented on the present square footage use of approximately 5,000 square feet of exclusive use, suggested using an easement approach to lease with the exception of direct use and recommended we split the cost of design services.
Mayor Oden recommended the square footage for the calculation of rent should be increased to 21,000 square feet.
Councilmember McCulloch commented on the proposed site that was not improved, requested a split of the design cost, and recommended we approach the FAA with the smaller foot print of 5,000 square foot and wait for their approval.
Mayor Oden outlined the history of the City Council and the goals of alternative energy, commented on the design of the road specifically for the CNG, and the proposed move that did not take place, and a credit for the cost, and the process and approval by the FAA.
Councilmember Foat requested the issues be separated for a motion.
Councilmember Mills commented that in the past the City received a discounted rate for CNG for the use of the site.
Motion to Approve the incorporation of a 50/50 split of the $58,000 request for credit of the design services, with the exact nature of the credit(s) to be determined by staff. Moved by Councilmember Mills, seconded by Councilmember McCulloch.
Vote to Approve the incorporation of a 50/50 split of the $58,000 request for credit of the design services, with the exact nature of the credit(s) to be determined by staff. (Declined)
Motion to 1) Adopt Minute Order No. 7983, Approving a Non-Exclusive Lease Agreement with Clean Energy, Inc. for the expansion and operation of a CNG vehicle fueling station at the Palm Springs International Airport
modifying the agreement to provide that the square footage calculation, for the determination of the amount of rent, include only the square footage used for the equipment and the footprint of vehicles using the equipment as determined by staff, and the incorporation of an easement for the use of the remainder of the site.
A5410. Moved by Councilmember Mills, seconded by Mayor Pro Tem Pougnet.
Vote to 1) Adopt Minute Order No. 7983, Approving a Non-Exclusive Lease Agreement with Clean Energy, Inc. for the expansion and operation of a CNG vehicle fueling station at the Palm Springs International Airport
modifying the agreement to provide that the square footage calculation, for the determination of the amount of rent, include only the square footage used for the equipment and the footprint of vehicles using the equipment as determined by staff, and the incorporation of an easement for the use of the remainder of the site.
A5410. (Approved)
Motion to Authorize the City Manager to execute the Non-Exclusive Lease Agreement
as amended, and
all necessary documents to effectuate the lease agreement, subject to FAA approval. A5410. Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to Authorize the City Manager to execute the Non-Exclusive Lease Agreement
as amended, and
all necessary documents to effectuate the lease agreement, subject to FAA approval. A5410. (Approved)
5.A. DISCUSSION AND DIRECTION ON THE ESTABLISHMENT OF A PROGRAM FOR TEMPORARY CONSTRUCTION SIGNS UNDER SECTION 93.20.08.A.2 OF THE PALM SPRINGS ZONING CODE:
Staff Report Item 5.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated December 20, 2006.
Mayor Pro Tem Pougnet requested staff address the concept of lots not APN parcels and each project would be a sign program, as opposed to individual lots.
Councilmember Mills requested staff address the 32 foot size limitation and requested we look at signage on street frontage, stated he would request the opaque barricade be a requirement.
Councilmember Foat requested staff address the use of graphics and not include the 30% requirements for the sign as graphics.
Mayor Oden stated his concern on the street frontage requirements.
Councilmember Mills requested staff address the height of the fencing and to break the six foot height plane.
Motion to Support the interpretation of Staff with respect to Section 93.20.08.A.2 of the Palm Springs Zoning Code regarding "Construction Signs for Future Buildings." Moved by Councilmember Foat, seconded by Mayor Oden.
Vote to Support the interpretation of Staff with respect to Section 93.20.08.A.2 of the Palm Springs Zoning Code regarding "Construction Signs for Future Buildings." (Approved)
5.B. APPROVING AND AUTHORIZING THE ISSUANCE OF APPROXIMATELY $20 MILLION OF PENSION OBLIGATION BONDS THROUGH THE CALIFORNIA COMMUNITIES FINANCING PROGRAM, APPROVE THE TRUST AND PURCHASE AGREEMENTS, AND AUTHORIZE THE VALIDATION ACTION:
Staff Report Item 5.B.
Craig Graves, Director of Finance, provided background information as outlined in the staff report dated December 20, 2006.
Councilmember Foat stated we are stepping out in front of the other cities and is in support of the issuance of bonds, and requested staff address a recent newspaper article.
Councilmember McCulloch requested staff address the computation of the savings, the term of payment that would be incurred with PERS, if the bonds are "callable" if we obtain full funding, and provided a summary of concerns.
Councilmember McCulloch stated he would prefer approving only the validation action, in lieu of authorizing the bonds and requested further study.
Councilmember Foat commented on the process to get us to this point and stated no additional study is needed.
Mayor Oden commented on the Council requesting additional reports.
Councilmember McCulloch noted this could negatively impact our credit rating and the outlined impacts to the balance sheet.
Mayor Oden requested the Financial Advisor address the impacts and debt ratios.
Councilmember Mills commented on impacts for any possible public improvement bonds, and requested the City Manager meet with the Finance Committee, and suggested it need not be part of the motion.
Motion to Free Form 1) Adopt Resolution No. 21794, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ISSUANCE OF ONE OR MORE SERIES OF PENSION OBLIGATION BONDS, APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST AGREEMENT AND A PURCHASE AGREEMENT, AND AUTHORIZING A VALIDATION ACTION AND OTHER MATTERS RELATING THERETO." A5407. A5408.
Vote to 1) Adopt Resolution No. 21794, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ISSUANCE OF ONE OR MORE SERIES OF PENSION OBLIGATION BONDS, APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST AGREEMENT AND A PURCHASE AGREEMENT, AND AUTHORIZING A VALIDATION ACTION AND OTHER MATTERS RELATING THERETO." A5407. A5408. (Approved)
5.C. AGREEMENT FOR THE BILLING AND RECONCILIATION OF ALARM PERMITS, RENEWALS, FALSE ALARMS, AND INCORPORATION OF THE ALARM DIVERSION PROGRAM:
Staff Report Item 5.C.
Gary Jeandron, Chief of Police, provided background information as outlined in the staff report dated December 20, 2006.
Councilmember Foat requested the number of false alarms in 2006 and how staff is addressing false alarm billings with the citizens, how much revenue has been lost, and outlined the appeal process.
Mayor Pro Tem Pougnet requested staff address if other cities have used this vendor and their relationships, and requested the City Manager provide an update on the sucess of the vendor.
Councilmember Mills commented that all citizens with a registered alarm were notified of the change in the City ordinance.
Mayor Oden commented on the lead time for a new educational program.
Motion to 1) Adopt Minute Order No. 7981, Authorizing the City Manager to enter into an Agreement with Pyranet, LLC (dba PalmSpringsAlarm.com and AlarmSchoolOnline.com) for thirty-six (36) months (including a 30-day cancellation provision) to perform the billing and reconciliation of alarm permits, permit renewals, false alarm billings and incorporating the "On-line Diversion Program." A5409. Moved by Councilmember Mills, seconded by Mayor Oden.
Vote to 1) Adopt Minute Order No. 7981, Authorizing the City Manager to enter into an Agreement with Pyranet, LLC (dba PalmSpringsAlarm.com and AlarmSchoolOnline.com) for thirty-six (36) months (including a 30-day cancellation provision) to perform the billing and reconciliation of alarm permits, permit renewals, false alarm billings and incorporating the "On-line Diversion Program." A5409. (Approved)
5.D. SUPPORT FOR THE SALTON SEA AUTHORITY’S MULTI-PURPOSE PROJECT CONCEPT AND CONTRIBUTION FOR THE PUBLIC EDUCATION AND INFORMATION CAMPAIGN:
Staff Report Item 5.D.
Rick Daniels, Executive Director, Salton Sea Authority, provided background information as outlined in the staff report dated December 20, 2006.
Councilmember Foat expressed concern that the City Council did not have an opportunity to review any other plans.
Mayor Oden requested staff address the length of time looking at the plans, and stated his support of looking at the recreational and economic development components.
Mayor Pro Tem Pougnet commented on the discussion at the CVAG level.
Motion to Free Form 1) Adopt Resolution No. 21795, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUPPORTING THE SALTON SEA AUTHORITY'S MULTI-PURPOSE PROJECT CONCEPT AS THE PREFERRED PLAN FOR RESTORATION AND REVITALIZATION OF THE SALTON SEA;" 2) Adopt Minute Order No. 7982, Approving a contribution of $5,000 to the Salton Sea Authority for the public education and information campaign to inform and educate the public about the restoration plan and the potential consequences of failure; and 3) Authorize the City Manager to execute all necessary documents.
Vote to 1) Adopt Resolution No. 21795, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUPPORTING THE SALTON SEA AUTHORITY'S MULTI-PURPOSE PROJECT CONCEPT AS THE PREFERRED PLAN FOR RESTORATION AND REVITALIZATION OF THE SALTON SEA;" 2) Adopt Minute Order No. 7982, Approving a contribution of $5,000 to the Salton Sea Authority for the public education and information campaign to inform and educate the public about the restoration plan and the potential consequences of failure; and 3) Authorize the City Manager to execute all necessary documents. (Approved)
5.E. APPOINTMENT OF A CITY COUNCIL LIAISON TO THE RIVERSIDE COMMUNITY ACTION COMMITTEE:
Motion to Appoint Mayor Oden as the City Council Liaison to the Riverside Community Action Committee. Moved by Councilmember McCulloch, seconded by Mayor Pro Tem Pougnet.
Vote to Appoint Mayor Oden as the City Council Liaison to the Riverside Community Action Committee. (Approved)
COUNCILMEMBER COMMENTS AND REPORTS:
Councilmember Foat requested the City Manager place on a future agenda a discussion and resolution with respect to the placement of windmills in the Snow Creek area.
Mayor Oden announced the events and activities attended by the Mayor's office.
ADJOURNMENT:
Dec 20, 2006 City Council Meeting
Full agenda
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CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
Roll Call: 6 members present, 0 members absent, 0 members excused.
PRESENTATIONS:
REPORT OF CLOSED SESSION:
ACCEPTANCE OF THE AGENDA:
Councilmember McCulloch requested Item 2.F. be removed from the Consent Calendar for a separate vote, and noted his business related abstention on Warrant No. 1017493 on Item 2.C.
Councilmember Foat requested Item 2.G. be removed from the Consent Calendar for separate discussion.
City Manager Ready requested the City Council hear Item 5.F. as the first New Business Item.
Motion to Accept the Agenda as amended. Moved by Councilmember Mills, seconded by Mayor Pro Tem Pougnet.
Vote to Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
PUBLIC COMMENT:
STEVE CROWELL, requested the City Council support Item RA1. regarding the Application by the Coachella Valley Housing Coalition.
RUSSELL COWARD, Palm Springs, requested the City Council approve Item 2.G. contracts for tow operators in the City of Palm Springs.
JOY MEREDITH, Palm Springs, stated her support for Item 3.A. establishment of a Downtown Business Improvement District.
JONO HILDNER, Palm Springs, stated his support for Item 2.F., amendments to the Ordinance regarding Environmentally Sensitive Development Areas including the Chino Cone, and requested the City hold public hearings with respect to the support for the Salton Sea Authority project.
COUNCILMEMBER COMMENTS AND REQUESTS:
CITY MANAGER’S REPORT:
City Manager Ready requested Police Chief Gary Jeandron provide an update on the upcoming Citizen’s Police Academy.
City Manager Ready provided an update of the Code Enforcement activities in the City.
Craig Ewing, Director of Planning Services, announced the City has received the Crystal Eagle Award, from the California Downtown Association, for the Palm Springs Downtown Urban Design Guidelines.
2. CONSENT CALENDAR:
Motion to Free Form Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., and 2.H.
Vote to Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., and 2.H. (Approved)
2.A. REPORT ON POSTING OF THE AGENDA:
Staff Report Item 2.A.
2.B. APPROVAL OF MINUTES:
Staff Report Item 2.B.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
Staff Report Item 2.C.
2.D. TREASURER'S INVESTMENT REPORT AS OF OCTOBER 31, 2006:
Staff Report Item 2.D.
2.E. ACCEPT WITH REGRET THE RESIGNATION OF EVA KARLSTROM FROM THE VILLAGEFEST BOARD:
Staff Report Item 2.E.
2.H. APPROVE EMPLOYMENT AGREEMENT FOR THE DIRECTOR OF PARKS AND RECREATION:
Staff Report Item 2.H.
EXCLUDED CONSENT CALENDAR:
2.F. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1707, AMENDING SECTION 92.21.1.05 AND 92.21.1.07 OF THE PALM SPRINGS ZONING CODE, RELATING TO REGULATIONS FOR ENVIRONMENTALLY SENSITIVE DEVELOPMENT AREAS, INCLUDING THE CHINO CONE:
Staff Report Item 2.F.
Motion to Free Form Waive further reading and adopt Ordinance No. 1707, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 92.21.1.05 AND 92.21.1.07 OF THE PALM SPRINGS ZONING CODE, RELATING TO REGULATIONS FOR ENVIRONMENTALLY SENSITIVE DEVELOPMENT AREAS, INCLUDING THE CHINO CONE."
Vote to Waive further reading and adopt Ordinance No. 1707, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 92.21.1.05 AND 92.21.1.07 OF THE PALM SPRINGS ZONING CODE, RELATING TO REGULATIONS FOR ENVIRONMENTALLY SENSITIVE DEVELOPMENT AREAS, INCLUDING THE CHINO CONE." (Approved)
2.G. APPROVING AGREEMENTS WITH CERTAIN TOW COMPANIES FOR AS-NEEDED VEHICLE TOWING AND STORAGE SERVICES FOR THE PALM SPRINGS POLICE DEPARTMENT:
Staff Report Item 2.G.
Councilmember Foat thanked staff for including the customer service training component in the agreement, and requested clarification with respect to the City’s proceeds for the sale of a lien vehicle, towing pursuant to abandoned vehicle abatement program, and the accountability for the number of the vehicles towed.
Motion to Adopt Resolution No. 21792, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AGREEMENTS WITH CERTAIN TOW COMPANIES FOR AS-NEEDED VEHICLE TOWING AND STORAGE SERVICES FOR THE PALM SPRINGS POLICE DEPARTMENT"
amending Section 38.1 of the agreement to reflect the owner of the
property
is not responsible for payment.
A5403 A&A Towing. A5404 Dave’s Towing. A5405 Mohica Towing. Moved by Councilmember Mills, seconded by Mayor Oden.
Vote to Adopt Resolution No. 21792, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AGREEMENTS WITH CERTAIN TOW COMPANIES FOR AS-NEEDED VEHICLE TOWING AND STORAGE SERVICES FOR THE PALM SPRINGS POLICE DEPARTMENT"
amending Section 38.1 of the agreement to reflect the owner of the
property
is not responsible for payment.
A5403 A&A Towing. A5404 Dave’s Towing. A5405 Mohica Towing. (Approved)
THE CITY COUNCIL RECESSED AT 6:40 P.M. AS THE CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY.
RA1. RECONSIDERATION OF A RESOLUTION SUPPORTING AN APPLICATION BY COACHELLA VALLEY HOUSING COALITION TO THE CALIFORNIA HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS (HCD) FOR PROJECT FINANCING OF THE DEVELOPMENT OF A 57-UNIT APARTMENT PROJECT ON A 4.45 ACRE PARCEL ON LAS VEGAS ROAD IN THE DESERT HIGHLAND NEIGHBORHOOD, INCLUDING AGENCY FINANCIAL PARTICIPATION NOT TO EXCEED $1,200,000 IN GAP FINANCING; AND DIRECT STAFF TO DRAFT AN OWNER PARTICIPATION AGREEMENT:
Staff Report Item RA1.
Tom Wilson, Assistant City Manager, provided background information as outlined in the staff report dated December 20, 2006.
Motion to Adopt Resolution No. 1317, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUPPORTING AN APPLICATION BY COACHELLA VALLEY HOUSING COALITION TO THE CALIFORNIA HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS (HCD) FOR PROJECT FINANCING OF THE DEVELOPMENT OF A 57-UNIT APARTMENT PROJECT ON A 4.45 ACRE PARCEL ON LAS VEGAS ROAD IN THE DESERT HIGHLAND NEIGHBORHOOD, INCLUDING AGENCY FINANCIAL PARTICIPATION NOT TO EXCEED $1,200,000 IN GAP FINANCING; AND DIRECT STAFF TO DRAFT AN OWNER PARTICIPATION AGREEMENT (OPA)". Moved by Mayor Pro Tem Pougnet, seconded by Councilmember Mills.
Vote to Adopt Resolution No. 1317, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUPPORTING AN APPLICATION BY COACHELLA VALLEY HOUSING COALITION TO THE CALIFORNIA HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS (HCD) FOR PROJECT FINANCING OF THE DEVELOPMENT OF A 57-UNIT APARTMENT PROJECT ON A 4.45 ACRE PARCEL ON LAS VEGAS ROAD IN THE DESERT HIGHLAND NEIGHBORHOOD, INCLUDING AGENCY FINANCIAL PARTICIPATION NOT TO EXCEED $1,200,000 IN GAP FINANCING; AND DIRECT STAFF TO DRAFT AN OWNER PARTICIPATION AGREEMENT (OPA)". (Approved)
THE CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY ADJOURNED AT 6:42 P.M. AND THE CITY COUNCIL RECONVENED.
3. LEGISLATIVE:
Councilmember Foat stated she has a business ownership related conflict of interest, could not participate in the discussion or the vote and left Council Chamber at 7:20 P.M.
3.A. DOWNTOWN AND UPTOWN BUSINESS IMPROVEMENT DISTRICT (BID) RESOLUTION OF INTENT AND SETTING THE PUBLIC HEARING:
Staff Report Item 3.A.
Cathy Van Horn, Economic Development Administrator, provided background information as outlined in the staff report dated December 20, 2006 and presented a Power Point presentation.
Mayor Oden requested clarification of the participation of small hotels outside of the district.
Mayor Pro Tem Pougnet requested additional information on the development of a marketing program, and commented on the measurement of success and suggested a semi-annual announcement.
Councilmember Mills requested staff address the potential of the BID for other purposes.
City Attorney Holland provided information on the potential expansion of the business improvement district.
Mayor Oden spoke to the marketing aspects of the Business Improvement District and did not wish to include an expansion for other activities.
Councilmember Mills requested the City Council consider allowing the Resolution of Intent to allow for other activities in the future.
Councilmember McCulloch requested Joy Meredith address the issue of expanding the Resolution of Intent to include other potential uses.
Councilmember Mills requested the City Council define marketing activities.
Motion to 1) Adopt Resolution No. 21793, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH 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 AN ORDINANCE ESTABLISHING THE DISTRICT AND AUTHORIZING THE LEVY OF ASSESSMENTS." Moved by Councilmember McCulloch, seconded by Mayor Oden.
Vote to 1) Adopt Resolution No. 21793, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH 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 AN ORDINANCE ESTABLISHING THE DISTRICT AND AUTHORIZING THE LEVY OF ASSESSMENTS." (Approved)
The City Council recessed at 7:08 P.M.
The City Council reconvened at 7:15 P.M.
4. UNFINISHED BUSINESS:
5. NEW BUSINESS:
The City Council took Item 5.F. out of order.
5.F. NON-EXCLUSIVE LEASE AGREEMENT WITH CLEAN ENERGY FOR THE EXPANSION AND OPERATION OF THE CNG VEHICLE FUELING STATION AT THE PALM SPRINGS INTERNATIONAL AIRPORT:
Staff Report Item 5.F.
Richard Walsh, Director of Aviation, provided background information as outlined in the staff report dated December 20, 2006.
Mayor Oden requested staff clarify the justification of the 5,000 square footage determination and if the FAA has commented on the proposal.
Mayor Pro Tem Pougnet requested staff address the outstanding issues of the square footage and the recommendation of the Airport Commission.
Councilmember Foat requested staff clarify that the provider has been at the location since 1992 and the history of the City’s allowing use of the property.
Chad Lindhom, representing Clean Energy, provided information on the two outstanding issues being design fees and square footage, and that City staff and Clean Energy could not negotiate an agreement.
Councilmember Foat requested staff address the FAA requirement for a non-aviation lease or an aviation use of CNG, requested staff address if other providers have been contacted, requested clarification on the .25 cent reduction on City vehicles, the City request to move the site, and the action being requested by the City Council.
Mayor Pro Tem Pougnet requested staff address the total area use of 17,000 square feet.
Councilmember Mills commented on the history of the site, commented on the present square footage use of approximately 5,000 square feet of exclusive use, suggested using an easement approach to lease with the exception of direct use and recommended we split the cost of design services.
Mayor Oden recommended the square footage for the calculation of rent should be increased to 21,000 square feet.
Councilmember McCulloch commented on the proposed site that was not improved, requested a split of the design cost, and recommended we approach the FAA with the smaller foot print of 5,000 square foot and wait for their approval.
Mayor Oden outlined the history of the City Council and the goals of alternative energy, commented on the design of the road specifically for the CNG, and the proposed move that did not take place, and a credit for the cost, and the process and approval by the FAA.
Councilmember Foat requested the issues be separated for a motion.
Councilmember Mills commented that in the past the City received a discounted rate for CNG for the use of the site.
Motion to Approve the incorporation of a 50/50 split of the $58,000 request for credit of the design services, with the exact nature of the credit(s) to be determined by staff. Moved by Councilmember Mills, seconded by Councilmember McCulloch.
Vote to Approve the incorporation of a 50/50 split of the $58,000 request for credit of the design services, with the exact nature of the credit(s) to be determined by staff. (Declined)
Motion to 1) Adopt Minute Order No. 7983, Approving a Non-Exclusive Lease Agreement with Clean Energy, Inc. for the expansion and operation of a CNG vehicle fueling station at the Palm Springs International Airport
modifying the agreement to provide that the square footage calculation, for the determination of the amount of rent, include only the square footage used for the equipment and the footprint of vehicles using the equipment as determined by staff, and the incorporation of an easement for the use of the remainder of the site.
A5410. Moved by Councilmember Mills, seconded by Mayor Pro Tem Pougnet.
Vote to 1) Adopt Minute Order No. 7983, Approving a Non-Exclusive Lease Agreement with Clean Energy, Inc. for the expansion and operation of a CNG vehicle fueling station at the Palm Springs International Airport
modifying the agreement to provide that the square footage calculation, for the determination of the amount of rent, include only the square footage used for the equipment and the footprint of vehicles using the equipment as determined by staff, and the incorporation of an easement for the use of the remainder of the site.
A5410. (Approved)
Motion to Authorize the City Manager to execute the Non-Exclusive Lease Agreement
as amended, and
all necessary documents to effectuate the lease agreement, subject to FAA approval. A5410. Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to Authorize the City Manager to execute the Non-Exclusive Lease Agreement
as amended, and
all necessary documents to effectuate the lease agreement, subject to FAA approval. A5410. (Approved)
5.A. DISCUSSION AND DIRECTION ON THE ESTABLISHMENT OF A PROGRAM FOR TEMPORARY CONSTRUCTION SIGNS UNDER SECTION 93.20.08.A.2 OF THE PALM SPRINGS ZONING CODE:
Staff Report Item 5.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated December 20, 2006.
Mayor Pro Tem Pougnet requested staff address the concept of lots not APN parcels and each project would be a sign program, as opposed to individual lots.
Councilmember Mills requested staff address the 32 foot size limitation and requested we look at signage on street frontage, stated he would request the opaque barricade be a requirement.
Councilmember Foat requested staff address the use of graphics and not include the 30% requirements for the sign as graphics.
Mayor Oden stated his concern on the street frontage requirements.
Councilmember Mills requested staff address the height of the fencing and to break the six foot height plane.
Motion to Support the interpretation of Staff with respect to Section 93.20.08.A.2 of the Palm Springs Zoning Code regarding "Construction Signs for Future Buildings." Moved by Councilmember Foat, seconded by Mayor Oden.
Vote to Support the interpretation of Staff with respect to Section 93.20.08.A.2 of the Palm Springs Zoning Code regarding "Construction Signs for Future Buildings." (Approved)
5.B. APPROVING AND AUTHORIZING THE ISSUANCE OF APPROXIMATELY $20 MILLION OF PENSION OBLIGATION BONDS THROUGH THE CALIFORNIA COMMUNITIES FINANCING PROGRAM, APPROVE THE TRUST AND PURCHASE AGREEMENTS, AND AUTHORIZE THE VALIDATION ACTION:
Staff Report Item 5.B.
Craig Graves, Director of Finance, provided background information as outlined in the staff report dated December 20, 2006.
Councilmember Foat stated we are stepping out in front of the other cities and is in support of the issuance of bonds, and requested staff address a recent newspaper article.
Councilmember McCulloch requested staff address the computation of the savings, the term of payment that would be incurred with PERS, if the bonds are "callable" if we obtain full funding, and provided a summary of concerns.
Councilmember McCulloch stated he would prefer approving only the validation action, in lieu of authorizing the bonds and requested further study.
Councilmember Foat commented on the process to get us to this point and stated no additional study is needed.
Mayor Oden commented on the Council requesting additional reports.
Councilmember McCulloch noted this could negatively impact our credit rating and the outlined impacts to the balance sheet.
Mayor Oden requested the Financial Advisor address the impacts and debt ratios.
Councilmember Mills commented on impacts for any possible public improvement bonds, and requested the City Manager meet with the Finance Committee, and suggested it need not be part of the motion.
Motion to Free Form 1) Adopt Resolution No. 21794, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ISSUANCE OF ONE OR MORE SERIES OF PENSION OBLIGATION BONDS, APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST AGREEMENT AND A PURCHASE AGREEMENT, AND AUTHORIZING A VALIDATION ACTION AND OTHER MATTERS RELATING THERETO." A5407. A5408.
Vote to 1) Adopt Resolution No. 21794, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ISSUANCE OF ONE OR MORE SERIES OF PENSION OBLIGATION BONDS, APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST AGREEMENT AND A PURCHASE AGREEMENT, AND AUTHORIZING A VALIDATION ACTION AND OTHER MATTERS RELATING THERETO." A5407. A5408. (Approved)
5.C. AGREEMENT FOR THE BILLING AND RECONCILIATION OF ALARM PERMITS, RENEWALS, FALSE ALARMS, AND INCORPORATION OF THE ALARM DIVERSION PROGRAM:
Staff Report Item 5.C.
Gary Jeandron, Chief of Police, provided background information as outlined in the staff report dated December 20, 2006.
Councilmember Foat requested the number of false alarms in 2006 and how staff is addressing false alarm billings with the citizens, how much revenue has been lost, and outlined the appeal process.
Mayor Pro Tem Pougnet requested staff address if other cities have used this vendor and their relationships, and requested the City Manager provide an update on the sucess of the vendor.
Councilmember Mills commented that all citizens with a registered alarm were notified of the change in the City ordinance.
Mayor Oden commented on the lead time for a new educational program.
Motion to 1) Adopt Minute Order No. 7981, Authorizing the City Manager to enter into an Agreement with Pyranet, LLC (dba PalmSpringsAlarm.com and AlarmSchoolOnline.com) for thirty-six (36) months (including a 30-day cancellation provision) to perform the billing and reconciliation of alarm permits, permit renewals, false alarm billings and incorporating the "On-line Diversion Program." A5409. Moved by Councilmember Mills, seconded by Mayor Oden.
Vote to 1) Adopt Minute Order No. 7981, Authorizing the City Manager to enter into an Agreement with Pyranet, LLC (dba PalmSpringsAlarm.com and AlarmSchoolOnline.com) for thirty-six (36) months (including a 30-day cancellation provision) to perform the billing and reconciliation of alarm permits, permit renewals, false alarm billings and incorporating the "On-line Diversion Program." A5409. (Approved)
5.D. SUPPORT FOR THE SALTON SEA AUTHORITY’S MULTI-PURPOSE PROJECT CONCEPT AND CONTRIBUTION FOR THE PUBLIC EDUCATION AND INFORMATION CAMPAIGN:
Staff Report Item 5.D.
Rick Daniels, Executive Director, Salton Sea Authority, provided background information as outlined in the staff report dated December 20, 2006.
Councilmember Foat expressed concern that the City Council did not have an opportunity to review any other plans.
Mayor Oden requested staff address the length of time looking at the plans, and stated his support of looking at the recreational and economic development components.
Mayor Pro Tem Pougnet commented on the discussion at the CVAG level.
Motion to Free Form 1) Adopt Resolution No. 21795, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUPPORTING THE SALTON SEA AUTHORITY'S MULTI-PURPOSE PROJECT CONCEPT AS THE PREFERRED PLAN FOR RESTORATION AND REVITALIZATION OF THE SALTON SEA;" 2) Adopt Minute Order No. 7982, Approving a contribution of $5,000 to the Salton Sea Authority for the public education and information campaign to inform and educate the public about the restoration plan and the potential consequences of failure; and 3) Authorize the City Manager to execute all necessary documents.
Vote to 1) Adopt Resolution No. 21795, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUPPORTING THE SALTON SEA AUTHORITY'S MULTI-PURPOSE PROJECT CONCEPT AS THE PREFERRED PLAN FOR RESTORATION AND REVITALIZATION OF THE SALTON SEA;" 2) Adopt Minute Order No. 7982, Approving a contribution of $5,000 to the Salton Sea Authority for the public education and information campaign to inform and educate the public about the restoration plan and the potential consequences of failure; and 3) Authorize the City Manager to execute all necessary documents. (Approved)
5.E. APPOINTMENT OF A CITY COUNCIL LIAISON TO THE RIVERSIDE COMMUNITY ACTION COMMITTEE:
Motion to Appoint Mayor Oden as the City Council Liaison to the Riverside Community Action Committee. Moved by Councilmember McCulloch, seconded by Mayor Pro Tem Pougnet.
Vote to Appoint Mayor Oden as the City Council Liaison to the Riverside Community Action Committee. (Approved)
COUNCILMEMBER COMMENTS AND REPORTS:
Councilmember Foat requested the City Manager place on a future agenda a discussion and resolution with respect to the placement of windmills in the Snow Creek area.
Mayor Oden announced the events and activities attended by the Mayor's office.
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