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 Foat requested Items 2.I. and 2.M. be removed from the Consent Calendar for separate discussion.
City Attorney Holland requested the City Council add one Item to the Agenda under New Business, the Item came to the attention of the City today and the City must respond prior to the next City Council meeting.
ACTION:
1) Make the Finding that 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 Item DISCUSSION ON SOUTHERN CALIFORNIA EDISON RULE MODIFICATION INITIATIVE TO INSTALL ABOVE-GROUND EQUIPMENT IN SCE’s UNDERGROUND DISTRIBUTION SYSTEMS WHENEVER FEASIBLE, as New Business Item 5.E.
Motion Councilmember Foat, seconded by Mayor Pro Tem Mills and unanimously carried.
Mayor Pro Tem Mills noted his business related abstention on Item 2.C. Warrant No. 1034514, property related abstention on Item 2.J., and requested Items 2.K. and 2.L. be removed from the Consent Calendar for separate discussion.
Motion to approve Accept the Agenda as amended. Moved by Mayor Pro Tem Mills, seconded by Councilmember Hutcheson.
Vote to approve Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
1.A. HEARING ON THE STATEMENT OF EXPENSES AND SPECIAL ASSESSMENT FOR NUISANCE ABATEMENT FOR THE PROPERTY LOCATED AT 2500 WHITEWATER CLUB DRIVE:
Staff Report Item 1.A.
Don Duckworth, Director of Building of Safety, provided background information as outlined in the staff report dated April 15, 2009.
Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.
FRED FABRICANT, thanked the City Council for abating the nuisance at Palm Springs County Club.
DONNA BUCKINGER, stated her support of the City placing the lien on the property, and hoped the City provides additional work to save the trees.
SHIRLEY VULPE, thanked the City Council for the work at Palm Springs Country Club, and support for the lien on the property.
No further speakers coming forward, the public hearing was closed.
Motion to approve Adopt Resolution No. 22462, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN AND SPECIAL ASSESSMENT LOCATED AT 2500 WHITEWATER CLUB DRIVE." Moved by Councilmember Weigel, seconded by Mayor Pro Tem Mills.
Vote to approve Adopt Resolution No. 22462, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN AND SPECIAL ASSESSMENT LOCATED AT 2500 WHITEWATER CLUB DRIVE." (Approved) (Recorded at 00:38:13)
1.B. LA SERENA VILLAS DESIGNATION OF THE PROPERTY LOCATED AT 339 SOUTH BELARDO ROAD AN HISTORIC SITE (CASE HSPB-69):
Staff Report Item 1.B.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated April 15, 2009.
Councilmember Foat commented on the submission of materials, and requested staff address the recommendation of the HSPB designation as a Class 1 site.
Councilmember Weigel requested staff address if a bungalow has been renovated.
Councilmember Mills requested staff address the differences between a Class 1 and a Class 2 designation.
Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.
MICHAEL GONZALES, representing owners, summarized the contents of his letter and the resources report submitted to the City Council, provided background information on the accumulation of the properties in the 1960’s, stated the property does not support the findings as a Class 1 designation, and requested the City Council terminate the proceedings.
CRAIG BLAU, commented on the current blight at the property, the promises of the owners of the property to adjoining neighbors, and stated his support for the historic designation.
PAT STUMPF, commented on the neglect at the property to the surrounding properties, stated she would like the property renovated as soon as possible.
RON MARSHALL, Palm Springs Preservation Foundation, stated the property can be restored and rehabilitated as an historic property, and stated his support for the designation as a Class 1 site.
DONNA BUCKINGER, stated the property owner has a responsibility to the surrounding owners and the City, and requested the City Council designated the property as a Class 1 site.
SHELLY SAUNDERS, stated her support for the City Council to designate the property as a Class 2 site.
CODY STOUGHTON, stated the City will lose the property as "demolition by neglect," and requested the City Council designate the property as a Class 1 Historic Site.
FRANK TYSEN, stated the property is in neglect, and spoke in support of a Class 1 designation of the property.
No further speakers coming forward, the public hearing was closed.
Councilmember Hutcheson requested staff address the landscaping issues at the property.
Councilmember Foat explained the differences between a Class 1 and the Class 2 designation, stated her support for a Class 1 designation, commented on a recent article in the Desert Sun with respect to the property, the condition of the property, commented on the letter written by Architect Lance O’Donnell, and the findings needed for a Class 1 designation.
Mayor Pro Tem Mills commented on the report from the Building Department that the buildings are a blight and condemnable, commented on the letter submitted by Architect Lance O’Donnell, stated he does not wish to see the building sit in the current state for a long period of time, but the reality is that the property will remain empty and continue to be a blight in the neighborhood, commented on the one-unit that has been renovated, and stated his support for a Class 2 designation.
Councilmember Weigel requested the City Attorney comment on the letter submitted by the property owner’s legal counsel, requested the City Council postpone the decision and further study be made on partially designating the site or a portion of the improvements as an Historic Site, and requested the Owner’s Attorney address if the property owner would be willing to agree to a stay of demolition.
Councilmember Hutcheson reiterated the facts surrounding the owner's options with respect to the Class 1 or the Class 2 designation, and stated the facts support a Class 1 designation.
Mayor Pro Tem Mills suggested the site plan and the building "style" for the property be designated as a Class 1 site, and the buildings be designated a Class 2 site.
Councilmember Weigel requested the owner’s Legal Counsel clarify comments with respect to the demolition of the property.
Mayor Pougnet commented on the blight in the neighborhood, stated the property has met the test as a Class 1 designation.
Councilmember Mills requested the City Attorney address the process of a potential bifurcated designation a portion as Class 1 and a portion as Class 2.
Councilmember Foat commented on the restorability of the property.
Councilmember Weigel requested the City Attorney address the status of demolition if the site is designated a Class 1 site.
Motion to 1) Designate the ’La Serena Villas’ at 339 South Belardo Road a Class 1 Historic Site; and 2) Direct staff to prepare a resolution memorializing the record and findings for City Council adoption on May 6, 2009. Moved by Councilmember Foat, seconded by Councilmember Hutcheson.
Vote to 1) Designate the ’La Serena Villas’ at 339 South Belardo Road a Class 1 Historic Site; and 2) Direct staff to prepare a resolution memorializing the record and findings for City Council adoption on May 6, 2009. (Approved)
The City Council recessed at 7:53 p.m.
The City Council reconvened at 8:00 p.m.
1.C. WEST FACADE OF THE PALM SPRINGS INTERNATIONAL AIRPORT DESIGNATION OF A PORTION OF THE PROPERTY LOCATED AT 3400 EAST TAHQUITZ CANYON WAY AS A CLASS 1 HISTORIC SITE (CASE HSBP-70):
Staff Report Item 1.C.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated April 15, 2009.
Councilmember Hutcheson requested staff address the restoration of the steel tube columns, and to address the Airport Commission recommendation.
Councilmember Foat requested staff address the original steel tube columns.
Mayor Pougnet opened the public hearing, and the following speaker addressed the City Council.
STEVE ROSENBERG, Palm Springs International Airport Commissioner, outlined the discussion of the Airport Commission.
CODY STOUGHTON, stated his support for the Class 1 designation.
No further speakers coming forward, the public hearing was closed.
Mayor Pro Tem Mills recommended some administrative modifications to the proposed resolution.
Motion to 1) Designate the West Facade of the Palm Springs International Aiport at 3200 Tahquitz Canyon Way as a Class 1 Historic Site; and 2) Direct staff to prepare a resolution memoralizing the record and findings for City Council adoption on May 6, 2009. Moved by Mayor Pro Tem Mills, seconded by Councilmember Hutcheson.
Vote to 1) Designate the West Facade of the Palm Springs International Aiport at 3200 Tahquitz Canyon Way as a Class 1 Historic Site; and 2) Direct staff to prepare a resolution memoralizing the record and findings for City Council adoption on May 6, 2009. (Approved)
PUBLIC COMMENT:
LIN JUNIPER, Southern California Edison, provided an update on energy programs offered by Southern California Edison and the City of Palm Springs.
DR. EMILY WILLIAMS, stated her opposition to naming the fountain in memory of former Mayor Frank Bogert.
LES WHEELER, commented on the Plaza Racquet Club.
KEN AGEE, commented on the Plaza Racquet Club.
JOE MCDONNAH, commented on the Plaza Racquet Club.
NABIL NARJAR, commented on the Plaza Racquet Club.
ANDREW KRASNEY, commented on the Plaza Racquet Club.
CEIBA BECKER, commented on the Plaza Racquet Club.
JAKE STEPPENS, commented on the Plaza Racquet Club.
WARD HIGGINS, commented on the Plaza Racquet Club.
KURT HAGGSTROM, commented on the Plaza Racquet Club.
PAT STUMPF, commented on Item 4.A., naming the fountain at the Palm Springs International Airport.
JAMES CIOFFI, commented on Item 2.I. and stated his opposition to the postponement of the utility easement.
STEVE ROSENBERG, commented on Item 4.A., naming of the fountain at the Palm Springs International Airport.
FRED FABRICANT, commented on noise from the Palm Springs International Airport and the new flight patterns.
SHIRLEY VULPE, commented on noise from the Palm Springs International Airport and the conditions of the Palm Springs Country Club.
DR. ALEX, commented on the Plaza Racquet Club.
NANCY GILLESPIE, commented on the Plaza Racquet Club
DENISE HOETKER, commented on Item 4.A., naming the fountain at the Palm Springs International Airport.
KITTY KIELEY HAYES, commented on Item 4.A., naming the fountain at the Palm Springs International Airport.
FRANK TYSEN, commented on a proposed development in the Racquet Club Neighborhood.
UNAMEND SPEAKER, commented on the naming of the fountain at the Palm Springs International Airport.
COUNCILMEMBER COMMENTS:
Mayor Pougnet requested the City Manager provide an update on the FAA change in the flight pattern at the Palm Springs International Airport, and requested an update on the Plaza Racquet Club.
Councilmember Foat commented on the Plaza Racquet Club.
The City Council heard Item 4.A. out of order.
CITY MANAGER'S REPORT:
City Manager Ready featured City public service employee David Newell.
2. CONSENT CALENDAR:
Motion to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.J., and 2.N. Moved by Councilmember Weigel, seconded by Councilmember Hutcheson.
Vote to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.J., and 2.N. (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. STAFF AUTHORIZED AGREEMENTS FOR MARCH, 2009:
Staff Report Item 2.D.
2.E. TREASURER'S INVESTMENT REPORT AS OF FEBRUARY 28, 2009:
Staff Report Item 2.E.
2.F. AMENDMENT TO THE AGREEMENT WITH GEORGE MIERS AND ASSOCIATES FOR ARCHITECTURAL SERVICES FOR THE PALM SPRINGS ANIMAL SHELTER AND ESTABLISHING A MASTER BUDGET:
Staff Report Item 2.F.
2.G. APPROVE MEMORANDUM OF UNDERSTANDING WITH THE AGUA CALIENTE CULTURAL MUSEUM:
Staff Report Item 2.G.
2.H. APPROVE AMENDMENT NO. 5 TO THE AGREEMENT FOR THE PALM SPRINGS STORM DRAIN LINE 6A, LINE 8, LATERAL 20C, AND LATERAL 20CA PROJECT (CITY PROJECT NO. 05-20):
Staff Report Item 2.H.
2.J. AWARD OF CONTRACT FOR THE SAFE ROUTES TO SCHOOL, STATE FUNDED PROJECT (CITY PROJECT NO. 08-06):
Staff Report Item 2.J.
2.N. APPROVE PURCHASE OF 2 NEW FORD CROWN VICTORIA POLICE VEHICLES FOR USE BY THE POLICE DEPARTMENT:
Staff Report Item 2.N.
EXCLUDED CONSENT CALENDAR:
2.I. SUMMARY VACATION OF PUBLIC UTILITY EASEMENTS WITHIN LOTS 6 AND 7 OF PALM SPRINGS PALISADES MAP IN SECTION 15, TOWNSHIP 4 SOUTH, RANGE 5 EAST (FILE R 08-022):
Staff Report Item 2.I.
The City Council discussed the proposed letter received from Southern California Edison Representative, and to postpone a final decision for further clarification.
Motion to Continue to May 6, 2009. Moved by Councilmember Foat, seconded by Councilmember Hutcheson.
Vote to Continue to May 6, 2009. (Approved)
2.K. AWARD CONSTRUCTION CONTRACT TO CASS CONSTRUCTION, INC. AND A COOPERATIVE AGREEMENT WITH RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF FLOOD CONTROL IMPROVEMENTS PALM SPRINGS STORM DRAIN LINE 22 (CITY PROJECT No. 07-15):
Staff Report Item 2.K.
Motion to approve Adopt Resolution No. 22470, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AGREEMENTS AND TAKING CERTAIN OTHER ACTIONS RELATING TO THE PALM SPRINGS STORM DRAIN LINE 22, STAGE 2 (CITY PROJECT NO. 07-15)." A5832. A5833. Moved by Mayor Pro Tem Mills, seconded by .
Vote to approve Adopt Resolution No. 22470, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AGREEMENTS AND TAKING CERTAIN OTHER ACTIONS RELATING TO THE PALM SPRINGS STORM DRAIN LINE 22, STAGE 2 (CITY PROJECT NO. 07-15)." A5832. A5833. (Approved) (Recorded at 03:38:09)
2.L. APPROVAL OF A NOTICE TO PROCEED FOR VEOLIA WEST OPERATING SERVICES, INC. FOR THE DESIGN PHASE OF THE ELECTRICAL SYSTEM UPGRADE (CITY PROJECT NO. 09-03):
Staff Report Item 2.L.
Motion to approve Authorize the Director of Public Works/City Engineer to issue a Notice to Proceed for Veolia West Operating Services, Inc., in the amount of $252,048.24, for the design phase of the Wastewater Treatment Plant Electrical System Upgrade (City Project No. 09-03). Moved by Mayor Pro Tem Mills, seconded by Councilmember Hutcheson.
Vote to approve Authorize the Director of Public Works/City Engineer to issue a Notice to Proceed for Veolia West Operating Services, Inc., in the amount of $252,048.24, for the design phase of the Wastewater Treatment Plant Electrical System Upgrade (City Project No. 09-03). (Approved) (Recorded at 03:43:13)
2.M. JOINT ITEM OF THE CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY APPROVING ADDITIONAL FUNDING FOR THE FACADE IMPROVEMENT PROGRAM FOR THE DOWNTOWN AND UPTOWN AREAS:
Staff Report Item 2.M.
Motion to 1) Approve an additional $50,000 funding (for a revised total of $150,000) for the Facade Improvement Program; and 2) Direct the Finance Director to appropriate $50,000 from Unscheduled Capital Projects (Merged Area No. 1) 811-8191-50000 to the Facade Improvement Program. Moved by Mayor Pro Tem Mills, seconded by Councilmember Foat.
Vote to 1) Approve an additional $50,000 funding (for a revised total of $150,000) for the Facade Improvement Program; and 2) Direct the Finance Director to appropriate $50,000 from Unscheduled Capital Projects (Merged Area No. 1) 811-8191-50000 to the Facade Improvement Program. (Approved)
Councilmember Foat requested staff review the possibility of the City applying for a facade improvement grant for the City building occupied by the Cork and Bottle.
3. LEGISLATIVE:
4. UNFINISHED BUSINESS:
4.A. NAMING THE PUBLIC ENTRY FOUNTAIN AT THE PALM SPRINGS INTERNATIONAL AIRPORT IN MEMORY OF FORMER MAYOR FRANK M. BOGERT AS DONATED BY PEARL McCALLUM McMANUS:
Staff Report Item 4.A.
The City Council discussed and/or commented on the following with respect to memoralizing former Mayor Bogert: retaining the dedication of the donation made by Peral McMallum McManus at the fountain, and creating an alternate Plaza at City Hall for former Mayor Bogert.
No action taken.
5. NEW BUSINESS:
Councilmember Hutcheson stated he has a business related conflict of interest with respect to Item 5.A., would not participate in the discussion or the vote, and left Council Chamber.
Councilmember Foat stated she has a property related conflict of interest with respect to Item 5.A., would not participate in the discussion or the vote, and left Council Chamber.
5.A. PURCHASE OF ARTWORK
INTERSECTING CUBES
AND APPROVE AN AGREEMENT FOR PLACEMENT OF THE ARTWORK ON PRIVATE PROPERTY IN THE UPTOWN DISTRICT AT 787 NORTH PALM CANYON DRIVE:
Staff Report Item 5.A.
Tom Wilson, Assistant City Manager, provided background information as outlined in the staff report dated April 15, 2009.
The City Council discussed and/or commented on the following with respect to the purchase and installation: raised base for the artwork, lighting of the piece, rights of the property owner with regard to the piece and the proposed easement.
Motion to 1) Approve an Agreement with Brian Biedul for the purchase of the artwork
Intersecting Cubes
in the amount of $58,000; 2) Approve an agreement with James M. Casey, Trustee of Sweet Pea Trust, for the placement of artwork on private property and Grant of Easement for the property located at 787 North Palm Canyon Drive; 3) Authorize the City Manager to execute the agreements and all documents in a form acceptable to the City Attorney; and 4)
Direct staff to submit the drawings for the raised base and details of the lighting of the artwork to the Planning Department for review and approval
. A5834. A5835. Moved by Mayor Pro Tem Mills, seconded by Mayor Pougnet.
Vote to 1) Approve an Agreement with Brian Biedul for the purchase of the artwork
Intersecting Cubes
in the amount of $58,000; 2) Approve an agreement with James M. Casey, Trustee of Sweet Pea Trust, for the placement of artwork on private property and Grant of Easement for the property located at 787 North Palm Canyon Drive; 3) Authorize the City Manager to execute the agreements and all documents in a form acceptable to the City Attorney; and 4)
Direct staff to submit the drawings for the raised base and details of the lighting of the artwork to the Planning Department for review and approval
. A5834. A5835. (Approved)
Councilmember Hutcheson and Councilmember Foat returned to the dais.
ACTION:
Continue past the 10:00 p.m. tentative adjournment time.
Motion Councilmember Mills, seconded by Councilmember Foat and unanimously carried.
5.B. APPOINTMENT OF A CITY COUNCIL SUBCOMMITTEE FOR THE PALM SPRINGS WASTEWATER TREATMENT PLANT:
Staff Report Item 5.B.
Motion to Appoint Mayor Pougnet and Councilmember Mills to a City Council Subcommittee to address the Palm Springs Wastewater Treatment Plant. Moved by Councilmember Foat, seconded by Mayor Pro Tem Mills.
Vote to Appoint Mayor Pougnet and Councilmember Mills to a City Council Subcommittee to address the Palm Springs Wastewater Treatment Plant. (Approved)
5.C. FISCAL YEAR 2008-09 THIRD QUARTER BUDGET UPDATE:
City Manager Ready and Geoffrey Kiehl, Director of Finance, presented a PowerPoint Presentation of the Fiscal Year 2008-09 Budget.
No action taken.
5.D. APPOINTMENT OF A CITY COUNCIL SUBCOMMITTEE FOR THE FISCAL YEAR 2009-10 BUDGET:
Motion to 1) Appoint Mayor Pougnet and Councilmember Foat to a City Council Subcommittee to study the proposed Fiscal Year 2009-10 Budget. Moved by Mayor Pro Tem Mills, seconded by Councilmember Hutcheson.
Vote to 1) Appoint Mayor Pougnet and Councilmember Foat to a City Council Subcommittee to study the proposed Fiscal Year 2009-10 Budget. (Approved)
5.E. DISCUSSION ON SOUTHERN CALIFORNIA EDISON RULE MODIFICATION INITIATIVE TO INSTALL ABOVE-GROUND EQUIPMENT IN SCE’s UNDERGROUND DISTRIBUTION SYSTEMS WHENEVER FEASIBLE:
Motion to Approve Direct staff to prepare a response to the SCE Rule Modification Request opposing the request due to the City’s policy and commitment to undergrounding utilities, graffiti, and attractive nuisance. Moved by Mayor Pro Tem Mills, seconded by Councilmember Weigel.
Vote to Approve Direct staff to prepare a response to the SCE Rule Modification Request opposing the request due to the City’s policy and commitment to undergrounding utilities, graffiti, and attractive nuisance. (Approved)
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Hutcheson requested the City Manager provide an update on Palm Tree Trimming.
Mayor Pro Tem Mills thanked staff for recent response to Code Enforcement issues.
Councilmember Foat thanked staff for assisting with the project at Alejo and Indian Canyon Drive.
ADJOURNMENT:
Apr 15, 2009 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 Foat requested Items 2.I. and 2.M. be removed from the Consent Calendar for separate discussion.
City Attorney Holland requested the City Council add one Item to the Agenda under New Business, the Item came to the attention of the City today and the City must respond prior to the next City Council meeting.
ACTION:
1) Make the Finding that 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 Item DISCUSSION ON SOUTHERN CALIFORNIA EDISON RULE MODIFICATION INITIATIVE TO INSTALL ABOVE-GROUND EQUIPMENT IN SCE’s UNDERGROUND DISTRIBUTION SYSTEMS WHENEVER FEASIBLE, as New Business Item 5.E.
Motion Councilmember Foat, seconded by Mayor Pro Tem Mills and unanimously carried.
Mayor Pro Tem Mills noted his business related abstention on Item 2.C. Warrant No. 1034514, property related abstention on Item 2.J., and requested Items 2.K. and 2.L. be removed from the Consent Calendar for separate discussion.
Motion to approve Accept the Agenda as amended. Moved by Mayor Pro Tem Mills, seconded by Councilmember Hutcheson.
Vote to approve Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
1.A. HEARING ON THE STATEMENT OF EXPENSES AND SPECIAL ASSESSMENT FOR NUISANCE ABATEMENT FOR THE PROPERTY LOCATED AT 2500 WHITEWATER CLUB DRIVE:
Staff Report Item 1.A.
Don Duckworth, Director of Building of Safety, provided background information as outlined in the staff report dated April 15, 2009.
Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.
FRED FABRICANT, thanked the City Council for abating the nuisance at Palm Springs County Club.
DONNA BUCKINGER, stated her support of the City placing the lien on the property, and hoped the City provides additional work to save the trees.
SHIRLEY VULPE, thanked the City Council for the work at Palm Springs Country Club, and support for the lien on the property.
No further speakers coming forward, the public hearing was closed.
Motion to approve Adopt Resolution No. 22462, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN AND SPECIAL ASSESSMENT LOCATED AT 2500 WHITEWATER CLUB DRIVE." Moved by Councilmember Weigel, seconded by Mayor Pro Tem Mills.
Vote to approve Adopt Resolution No. 22462, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE ABATEMENT LIEN AND SPECIAL ASSESSMENT LOCATED AT 2500 WHITEWATER CLUB DRIVE." (Approved) (Recorded at 00:38:13)
1.B. LA SERENA VILLAS DESIGNATION OF THE PROPERTY LOCATED AT 339 SOUTH BELARDO ROAD AN HISTORIC SITE (CASE HSPB-69):
Staff Report Item 1.B.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated April 15, 2009.
Councilmember Foat commented on the submission of materials, and requested staff address the recommendation of the HSPB designation as a Class 1 site.
Councilmember Weigel requested staff address if a bungalow has been renovated.
Councilmember Mills requested staff address the differences between a Class 1 and a Class 2 designation.
Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.
MICHAEL GONZALES, representing owners, summarized the contents of his letter and the resources report submitted to the City Council, provided background information on the accumulation of the properties in the 1960’s, stated the property does not support the findings as a Class 1 designation, and requested the City Council terminate the proceedings.
CRAIG BLAU, commented on the current blight at the property, the promises of the owners of the property to adjoining neighbors, and stated his support for the historic designation.
PAT STUMPF, commented on the neglect at the property to the surrounding properties, stated she would like the property renovated as soon as possible.
RON MARSHALL, Palm Springs Preservation Foundation, stated the property can be restored and rehabilitated as an historic property, and stated his support for the designation as a Class 1 site.
DONNA BUCKINGER, stated the property owner has a responsibility to the surrounding owners and the City, and requested the City Council designated the property as a Class 1 site.
SHELLY SAUNDERS, stated her support for the City Council to designate the property as a Class 2 site.
CODY STOUGHTON, stated the City will lose the property as "demolition by neglect," and requested the City Council designate the property as a Class 1 Historic Site.
FRANK TYSEN, stated the property is in neglect, and spoke in support of a Class 1 designation of the property.
No further speakers coming forward, the public hearing was closed.
Councilmember Hutcheson requested staff address the landscaping issues at the property.
Councilmember Foat explained the differences between a Class 1 and the Class 2 designation, stated her support for a Class 1 designation, commented on a recent article in the Desert Sun with respect to the property, the condition of the property, commented on the letter written by Architect Lance O’Donnell, and the findings needed for a Class 1 designation.
Mayor Pro Tem Mills commented on the report from the Building Department that the buildings are a blight and condemnable, commented on the letter submitted by Architect Lance O’Donnell, stated he does not wish to see the building sit in the current state for a long period of time, but the reality is that the property will remain empty and continue to be a blight in the neighborhood, commented on the one-unit that has been renovated, and stated his support for a Class 2 designation.
Councilmember Weigel requested the City Attorney comment on the letter submitted by the property owner’s legal counsel, requested the City Council postpone the decision and further study be made on partially designating the site or a portion of the improvements as an Historic Site, and requested the Owner’s Attorney address if the property owner would be willing to agree to a stay of demolition.
Councilmember Hutcheson reiterated the facts surrounding the owner's options with respect to the Class 1 or the Class 2 designation, and stated the facts support a Class 1 designation.
Mayor Pro Tem Mills suggested the site plan and the building "style" for the property be designated as a Class 1 site, and the buildings be designated a Class 2 site.
Councilmember Weigel requested the owner’s Legal Counsel clarify comments with respect to the demolition of the property.
Mayor Pougnet commented on the blight in the neighborhood, stated the property has met the test as a Class 1 designation.
Councilmember Mills requested the City Attorney address the process of a potential bifurcated designation a portion as Class 1 and a portion as Class 2.
Councilmember Foat commented on the restorability of the property.
Councilmember Weigel requested the City Attorney address the status of demolition if the site is designated a Class 1 site.
Motion to 1) Designate the ’La Serena Villas’ at 339 South Belardo Road a Class 1 Historic Site; and 2) Direct staff to prepare a resolution memorializing the record and findings for City Council adoption on May 6, 2009. Moved by Councilmember Foat, seconded by Councilmember Hutcheson.
Vote to 1) Designate the ’La Serena Villas’ at 339 South Belardo Road a Class 1 Historic Site; and 2) Direct staff to prepare a resolution memorializing the record and findings for City Council adoption on May 6, 2009. (Approved)
The City Council recessed at 7:53 p.m.
The City Council reconvened at 8:00 p.m.
1.C. WEST FACADE OF THE PALM SPRINGS INTERNATIONAL AIRPORT DESIGNATION OF A PORTION OF THE PROPERTY LOCATED AT 3400 EAST TAHQUITZ CANYON WAY AS A CLASS 1 HISTORIC SITE (CASE HSBP-70):
Staff Report Item 1.C.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated April 15, 2009.
Councilmember Hutcheson requested staff address the restoration of the steel tube columns, and to address the Airport Commission recommendation.
Councilmember Foat requested staff address the original steel tube columns.
Mayor Pougnet opened the public hearing, and the following speaker addressed the City Council.
STEVE ROSENBERG, Palm Springs International Airport Commissioner, outlined the discussion of the Airport Commission.
CODY STOUGHTON, stated his support for the Class 1 designation.
No further speakers coming forward, the public hearing was closed.
Mayor Pro Tem Mills recommended some administrative modifications to the proposed resolution.
Motion to 1) Designate the West Facade of the Palm Springs International Aiport at 3200 Tahquitz Canyon Way as a Class 1 Historic Site; and 2) Direct staff to prepare a resolution memoralizing the record and findings for City Council adoption on May 6, 2009. Moved by Mayor Pro Tem Mills, seconded by Councilmember Hutcheson.
Vote to 1) Designate the West Facade of the Palm Springs International Aiport at 3200 Tahquitz Canyon Way as a Class 1 Historic Site; and 2) Direct staff to prepare a resolution memoralizing the record and findings for City Council adoption on May 6, 2009. (Approved)
PUBLIC COMMENT:
LIN JUNIPER, Southern California Edison, provided an update on energy programs offered by Southern California Edison and the City of Palm Springs.
DR. EMILY WILLIAMS, stated her opposition to naming the fountain in memory of former Mayor Frank Bogert.
LES WHEELER, commented on the Plaza Racquet Club.
KEN AGEE, commented on the Plaza Racquet Club.
JOE MCDONNAH, commented on the Plaza Racquet Club.
NABIL NARJAR, commented on the Plaza Racquet Club.
ANDREW KRASNEY, commented on the Plaza Racquet Club.
CEIBA BECKER, commented on the Plaza Racquet Club.
JAKE STEPPENS, commented on the Plaza Racquet Club.
WARD HIGGINS, commented on the Plaza Racquet Club.
KURT HAGGSTROM, commented on the Plaza Racquet Club.
PAT STUMPF, commented on Item 4.A., naming the fountain at the Palm Springs International Airport.
JAMES CIOFFI, commented on Item 2.I. and stated his opposition to the postponement of the utility easement.
STEVE ROSENBERG, commented on Item 4.A., naming of the fountain at the Palm Springs International Airport.
FRED FABRICANT, commented on noise from the Palm Springs International Airport and the new flight patterns.
SHIRLEY VULPE, commented on noise from the Palm Springs International Airport and the conditions of the Palm Springs Country Club.
DR. ALEX, commented on the Plaza Racquet Club.
NANCY GILLESPIE, commented on the Plaza Racquet Club
DENISE HOETKER, commented on Item 4.A., naming the fountain at the Palm Springs International Airport.
KITTY KIELEY HAYES, commented on Item 4.A., naming the fountain at the Palm Springs International Airport.
FRANK TYSEN, commented on a proposed development in the Racquet Club Neighborhood.
UNAMEND SPEAKER, commented on the naming of the fountain at the Palm Springs International Airport.
COUNCILMEMBER COMMENTS:
Mayor Pougnet requested the City Manager provide an update on the FAA change in the flight pattern at the Palm Springs International Airport, and requested an update on the Plaza Racquet Club.
Councilmember Foat commented on the Plaza Racquet Club.
The City Council heard Item 4.A. out of order.
CITY MANAGER'S REPORT:
City Manager Ready featured City public service employee David Newell.
2. CONSENT CALENDAR:
Motion to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.J., and 2.N. Moved by Councilmember Weigel, seconded by Councilmember Hutcheson.
Vote to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.J., and 2.N. (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. STAFF AUTHORIZED AGREEMENTS FOR MARCH, 2009:
Staff Report Item 2.D.
2.E. TREASURER'S INVESTMENT REPORT AS OF FEBRUARY 28, 2009:
Staff Report Item 2.E.
2.F. AMENDMENT TO THE AGREEMENT WITH GEORGE MIERS AND ASSOCIATES FOR ARCHITECTURAL SERVICES FOR THE PALM SPRINGS ANIMAL SHELTER AND ESTABLISHING A MASTER BUDGET:
Staff Report Item 2.F.
2.G. APPROVE MEMORANDUM OF UNDERSTANDING WITH THE AGUA CALIENTE CULTURAL MUSEUM:
Staff Report Item 2.G.
2.H. APPROVE AMENDMENT NO. 5 TO THE AGREEMENT FOR THE PALM SPRINGS STORM DRAIN LINE 6A, LINE 8, LATERAL 20C, AND LATERAL 20CA PROJECT (CITY PROJECT NO. 05-20):
Staff Report Item 2.H.
2.J. AWARD OF CONTRACT FOR THE SAFE ROUTES TO SCHOOL, STATE FUNDED PROJECT (CITY PROJECT NO. 08-06):
Staff Report Item 2.J.
2.N. APPROVE PURCHASE OF 2 NEW FORD CROWN VICTORIA POLICE VEHICLES FOR USE BY THE POLICE DEPARTMENT:
Staff Report Item 2.N.
EXCLUDED CONSENT CALENDAR:
2.I. SUMMARY VACATION OF PUBLIC UTILITY EASEMENTS WITHIN LOTS 6 AND 7 OF PALM SPRINGS PALISADES MAP IN SECTION 15, TOWNSHIP 4 SOUTH, RANGE 5 EAST (FILE R 08-022):
Staff Report Item 2.I.
The City Council discussed the proposed letter received from Southern California Edison Representative, and to postpone a final decision for further clarification.
Motion to Continue to May 6, 2009. Moved by Councilmember Foat, seconded by Councilmember Hutcheson.
Vote to Continue to May 6, 2009. (Approved)
2.K. AWARD CONSTRUCTION CONTRACT TO CASS CONSTRUCTION, INC. AND A COOPERATIVE AGREEMENT WITH RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF FLOOD CONTROL IMPROVEMENTS PALM SPRINGS STORM DRAIN LINE 22 (CITY PROJECT No. 07-15):
Staff Report Item 2.K.
Motion to approve Adopt Resolution No. 22470, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AGREEMENTS AND TAKING CERTAIN OTHER ACTIONS RELATING TO THE PALM SPRINGS STORM DRAIN LINE 22, STAGE 2 (CITY PROJECT NO. 07-15)." A5832. A5833. Moved by Mayor Pro Tem Mills, seconded by .
Vote to approve Adopt Resolution No. 22470, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AGREEMENTS AND TAKING CERTAIN OTHER ACTIONS RELATING TO THE PALM SPRINGS STORM DRAIN LINE 22, STAGE 2 (CITY PROJECT NO. 07-15)." A5832. A5833. (Approved) (Recorded at 03:38:09)
2.L. APPROVAL OF A NOTICE TO PROCEED FOR VEOLIA WEST OPERATING SERVICES, INC. FOR THE DESIGN PHASE OF THE ELECTRICAL SYSTEM UPGRADE (CITY PROJECT NO. 09-03):
Staff Report Item 2.L.
Motion to approve Authorize the Director of Public Works/City Engineer to issue a Notice to Proceed for Veolia West Operating Services, Inc., in the amount of $252,048.24, for the design phase of the Wastewater Treatment Plant Electrical System Upgrade (City Project No. 09-03). Moved by Mayor Pro Tem Mills, seconded by Councilmember Hutcheson.
Vote to approve Authorize the Director of Public Works/City Engineer to issue a Notice to Proceed for Veolia West Operating Services, Inc., in the amount of $252,048.24, for the design phase of the Wastewater Treatment Plant Electrical System Upgrade (City Project No. 09-03). (Approved) (Recorded at 03:43:13)
2.M. JOINT ITEM OF THE CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY APPROVING ADDITIONAL FUNDING FOR THE FACADE IMPROVEMENT PROGRAM FOR THE DOWNTOWN AND UPTOWN AREAS:
Staff Report Item 2.M.
Motion to 1) Approve an additional $50,000 funding (for a revised total of $150,000) for the Facade Improvement Program; and 2) Direct the Finance Director to appropriate $50,000 from Unscheduled Capital Projects (Merged Area No. 1) 811-8191-50000 to the Facade Improvement Program. Moved by Mayor Pro Tem Mills, seconded by Councilmember Foat.
Vote to 1) Approve an additional $50,000 funding (for a revised total of $150,000) for the Facade Improvement Program; and 2) Direct the Finance Director to appropriate $50,000 from Unscheduled Capital Projects (Merged Area No. 1) 811-8191-50000 to the Facade Improvement Program. (Approved)
Councilmember Foat requested staff review the possibility of the City applying for a facade improvement grant for the City building occupied by the Cork and Bottle.
3. LEGISLATIVE:
4. UNFINISHED BUSINESS:
4.A. NAMING THE PUBLIC ENTRY FOUNTAIN AT THE PALM SPRINGS INTERNATIONAL AIRPORT IN MEMORY OF FORMER MAYOR FRANK M. BOGERT AS DONATED BY PEARL McCALLUM McMANUS:
Staff Report Item 4.A.
The City Council discussed and/or commented on the following with respect to memoralizing former Mayor Bogert: retaining the dedication of the donation made by Peral McMallum McManus at the fountain, and creating an alternate Plaza at City Hall for former Mayor Bogert.
No action taken.
5. NEW BUSINESS:
Councilmember Hutcheson stated he has a business related conflict of interest with respect to Item 5.A., would not participate in the discussion or the vote, and left Council Chamber.
Councilmember Foat stated she has a property related conflict of interest with respect to Item 5.A., would not participate in the discussion or the vote, and left Council Chamber.
5.A. PURCHASE OF ARTWORK
INTERSECTING CUBES
AND APPROVE AN AGREEMENT FOR PLACEMENT OF THE ARTWORK ON PRIVATE PROPERTY IN THE UPTOWN DISTRICT AT 787 NORTH PALM CANYON DRIVE:
Staff Report Item 5.A.
Tom Wilson, Assistant City Manager, provided background information as outlined in the staff report dated April 15, 2009.
The City Council discussed and/or commented on the following with respect to the purchase and installation: raised base for the artwork, lighting of the piece, rights of the property owner with regard to the piece and the proposed easement.
Motion to 1) Approve an Agreement with Brian Biedul for the purchase of the artwork
Intersecting Cubes
in the amount of $58,000; 2) Approve an agreement with James M. Casey, Trustee of Sweet Pea Trust, for the placement of artwork on private property and Grant of Easement for the property located at 787 North Palm Canyon Drive; 3) Authorize the City Manager to execute the agreements and all documents in a form acceptable to the City Attorney; and 4)
Direct staff to submit the drawings for the raised base and details of the lighting of the artwork to the Planning Department for review and approval
. A5834. A5835. Moved by Mayor Pro Tem Mills, seconded by Mayor Pougnet.
Vote to 1) Approve an Agreement with Brian Biedul for the purchase of the artwork
Intersecting Cubes
in the amount of $58,000; 2) Approve an agreement with James M. Casey, Trustee of Sweet Pea Trust, for the placement of artwork on private property and Grant of Easement for the property located at 787 North Palm Canyon Drive; 3) Authorize the City Manager to execute the agreements and all documents in a form acceptable to the City Attorney; and 4)
Direct staff to submit the drawings for the raised base and details of the lighting of the artwork to the Planning Department for review and approval
. A5834. A5835. (Approved)
Councilmember Hutcheson and Councilmember Foat returned to the dais.
ACTION:
Continue past the 10:00 p.m. tentative adjournment time.
Motion Councilmember Mills, seconded by Councilmember Foat and unanimously carried.
5.B. APPOINTMENT OF A CITY COUNCIL SUBCOMMITTEE FOR THE PALM SPRINGS WASTEWATER TREATMENT PLANT:
Staff Report Item 5.B.
Motion to Appoint Mayor Pougnet and Councilmember Mills to a City Council Subcommittee to address the Palm Springs Wastewater Treatment Plant. Moved by Councilmember Foat, seconded by Mayor Pro Tem Mills.
Vote to Appoint Mayor Pougnet and Councilmember Mills to a City Council Subcommittee to address the Palm Springs Wastewater Treatment Plant. (Approved)
5.C. FISCAL YEAR 2008-09 THIRD QUARTER BUDGET UPDATE:
City Manager Ready and Geoffrey Kiehl, Director of Finance, presented a PowerPoint Presentation of the Fiscal Year 2008-09 Budget.
No action taken.
5.D. APPOINTMENT OF A CITY COUNCIL SUBCOMMITTEE FOR THE FISCAL YEAR 2009-10 BUDGET:
Motion to 1) Appoint Mayor Pougnet and Councilmember Foat to a City Council Subcommittee to study the proposed Fiscal Year 2009-10 Budget. Moved by Mayor Pro Tem Mills, seconded by Councilmember Hutcheson.
Vote to 1) Appoint Mayor Pougnet and Councilmember Foat to a City Council Subcommittee to study the proposed Fiscal Year 2009-10 Budget. (Approved)
5.E. DISCUSSION ON SOUTHERN CALIFORNIA EDISON RULE MODIFICATION INITIATIVE TO INSTALL ABOVE-GROUND EQUIPMENT IN SCE’s UNDERGROUND DISTRIBUTION SYSTEMS WHENEVER FEASIBLE:
Motion to Approve Direct staff to prepare a response to the SCE Rule Modification Request opposing the request due to the City’s policy and commitment to undergrounding utilities, graffiti, and attractive nuisance. Moved by Mayor Pro Tem Mills, seconded by Councilmember Weigel.
Vote to Approve Direct staff to prepare a response to the SCE Rule Modification Request opposing the request due to the City’s policy and commitment to undergrounding utilities, graffiti, and attractive nuisance. (Approved)
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Hutcheson requested the City Manager provide an update on Palm Tree Trimming.
Mayor Pro Tem Mills thanked staff for recent response to Code Enforcement issues.
Councilmember Foat thanked staff for assisting with the project at Alejo and Indian Canyon Drive.
ADJOURNMENT:
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