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 Hutcheson requested Item 2.N. be removed from the Consent Calendar for separate discussion.
Councilmember Foat noted her abstention on Item 2.B., City Council Minutes of July 15, 2009, and requested Item 2.U. and 2.Y. be removed from the Consent Calendar for separate discussion.
Mayor Pro Tem Mills noted his business related abstention on Item 2.C. Warrant Nos. 1036921, 1037168, 1037317, noted his business related abstention on Item 2.V., and requested Items 2.I., 2.O., and 2.Y., be removed from the Consent Calendar for separate discussion.
Motion to approve Accept the Agenda as amended. Moved by Councilmember Hutcheson, seconded by Mayor Pro Tem Mills.
Vote to approve Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
1.A. APPEAL OF KIRVIN SATTERWHITE OF THE HISTORIC SITE PRESERVATION BOARD ISSUANCE OF A STAY OF DEMOLITION OF A SINGLE FAMILY RESIDENCE AT 823 AVENIDA PALOS VERDES (CASE NO. 3.3352):
Staff Report Item 1.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated September 2, 2009.
Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.
GEORGE TUCKER, Appellant, commented on the points of his appeal and presented letters in support of the appeal and the demolition of the property.
EMILY HEMPHILL, Representing Appellant, stated the reason the property is on the potential historic list is due to the age of the property, noted the property is a private residence and not open to the public, commented on the modifications to the property over the years, stated the property does not meet the criteria for designation, research has located nothing significant at the property to warrant the designation, commented on the potential length of the stay of demolition, noted the lack of energy efficiency of the current property and the owners proposed energy enhancements.
JAMES JENSEN, requested the City Council grant the appeal and allow the demolition of the property.
ROBERT STONE, requested the City Council deny the appeal and issue a stay of demolition until additional study can be made on the property.
KEVIN BASS, requested the City Council grant the appeal and allow the demolition of the property.
ADAM ALLISON, requested the City Council grant the appeal and allow the demolition of the property.
AYAD ALKADLIN, requested the City Council grant the appeal and allow the demolition of the property.
LARRY HOCHANADEL, clarified the demolition process with the City and, requested the City Council grant the appeal and allow the demolition of the property.
No further speakers coming forward, the Public Hearing was closed.
The City Council discussed and/or commented on the following with respect to the property and the demolition: the age of the property and any historic significance, the lack of facts to justify a higher designation for the property, the condition of the property, the property will not be demolished until approved plans are submitted for a new project, the discussion and vote of the HSPB, the HSPB site visits and third-party comment, the costs of operation of a historic property, the change in the recommendation by staff from the HSPB to the City Council, and the potential to require a super-majority of the HSPB to issue a stay.
Motion to 1) The City Council determines that the findings in the Planning Department Staff Report dated July 14, 2009, to the Historic Site Preservation Board, are the controlling findings for the City Council determination; and 2) Grant the appeal and deny the Historic Site Preservation Board’s stay of demolition on the property located at 823 Avenida Palos Verdes. Moved by Councilmember Hutcheson, seconded by Councilmember Weigel.
Vote to 1) The City Council determines that the findings in the Planning Department Staff Report dated July 14, 2009, to the Historic Site Preservation Board, are the controlling findings for the City Council determination; and 2) Grant the appeal and deny the Historic Site Preservation Board’s stay of demolition on the property located at 823 Avenida Palos Verdes. (Approved)
PUBLIC COMMENT:
ROBERT ANZOVINO, commented on a recent claim he filed with the City of Palm Springs and the actions of the Palm Springs Police Department.
PAUL ANGULO, stated he is running for Riverside County Auditor-Controller, and introduced himself to the City Council.
TERRY FECKETT, commented on the Palm Springs Disposal Service contract fees.
BARBARA BEATY, commented on the state of the City budget and the properties the City sold to the Redevelopment Agency.
DAVID CARDEN, requested the City Council support Item 2.N., stated his support for Item 2.X., regarding the Port Lawrence temporary site improvements, and Item 3.A., regarding the Storefront Improvement Program.
DARRON DAHLE, commented on Item 3.A., the Storefront Improvement Program, and commented on problem properties in the Downtown area.
JOY MEREDITH, commented on the opening of Crystal Fantasy, Palm Springs Carriages and the support of the BID and the community, and stated her support for Item 2.X., the Port Lawrence temporary improvements, and Item 3.A., the Storefornt Improvement Program.
ROXANNE MISHLER and DIANE SCHROEDER, stated their support of item 2.X., regarding the Port Lawrence temporary improvements, and Item 3.A., regarding the Storefront Improvement Program.
PAUL MEDIANO, stated his support for Item 3.A., the Storefront Improvement Program.
RODOLFO CASTILLO, commented on Item 3.A., and the condition of the properties in the Downtown area.
COUNCILMEMBER COMMENTS:
Mayor Pougnet requested the City Manager and the City Clerk address the City process with respect to communication to City Council candidates.
CITY MANAGER'S REPORT:
2. CONSENT CALENDAR:
Councilmember Mills noted his business related abstention on additional warrants on Item 2.C., Warrant Nos. 1036441, 1036467, 1036483, and 1036493.
Motion to Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.J., 2.K., 2.L., 2.M., 2.P., 2.Q., 2.R., 2.S., 2.T., 2.V., 2.W., and 2.X.. Moved by Councilmember Hutcheson, seconded by Councilmember Weigel.
Vote to Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.J., 2.K., 2.L., 2.M., 2.P., 2.Q., 2.R., 2.S., 2.T., 2.V., 2.W., and 2.X.. (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 JULY, 2009:
Staff Report Item 2.D.
2.E. ACCEPTANCE OF THE PUBLIC RIGHT-OF-WAY FOR JACARANDA ROAD WITHIN PARCEL MAP 10509:
Staff Report Item 2.E.
2.F. FINAL TRAFFIC SIGNAL MAINTENANCE SERVICES AGREEMENT MODIFICATION AND RELATED BUDGET AMENDMENT:
Staff Report Item 2.F.
2.G. COOPERATIVE AGREEMENT WITH RIVERSIDE COUNTY FOR CONSTRUCTION OF THE GENE AUTRY TRAIL UINION PACIFIC RAILROAD (UPRR) BRIDGE WIDENING PROJECT (CITY PROJECT NO. 01-04):
Staff Report Item 2.G.
2.H. ACCEPTANCE OF GRANT FROM THE COACHELLA VALLEY AIR QUALITY ENHANCEMENT TRUST FUND:
Staff Report Item 2.H.
2.J. PROPOSED RESOLUTION AMENDING THE BAIL SCHEDULE FOR PARKING VIOLATIONS TO PROVIDE FOR STATUTORILY-REQUIRED PASS-THRU COSTS ON PARKING VIOLATIONS FOR STATE COURT AND CRIMINAL JUSTICE FACILITIES CONSTRUCTION COSTS (SB1407):
Staff Report Item 2.J.
2.K. ACCEPT THE RESIGNATION OF MICHAEL STERN FROM THE PUBLIC ARTS COMMISSION:
Staff Report Item 2.K.
2.L. ACCEPT THE RESIGNATION OF REBECCA TERRILL FROM THE VILLAGEFEST BOARD:
Staff Report Item 2.L.
2.M. APPOINTMENT OF TWO BOARD MEMBERS TO THE NEWLY CREATION POSITIONS ON THE VILLAGEFEST BOARD:
Staff Report Item 2.M.
2.P. APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. 031-N, WITH THE STATE OF CALIFORNIA FOR USE OF CONGESTION MITIGATION AND AIR QUALITY (CMAQ) FEDERAL-AID FUNDS FOR THE TRAFFIC MANAGEMENT CENTER AND CITYWIDE TRAFFIC SIGNAL INTERCONNECT PROJECT [CITY PROJECT NO. 08-04, FEDERAL-AID PROJECT NO. CML-5282(031)]:
Staff Report Item 2.P.
2.Q. APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. 027-N, WITH THE STATE OF CALIFORNIA FOR USE OF AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (ARRA) FEDERAL-AID FUNDS FOR THE GENE AUTRY TRAIL GATEWAY LANDSCAPE IMPROVEMENT PROJECT, CITY PROJECT NO. 06-03, FEDERAL-AID PROJECT NO. ESPLE-5282(027):
Staff Report Item 2.Q.
2.R. UTILITY AGREEMENTS FOR THE INDIAN CANYON DRIVE / INTERSTATE 10 INTERCHANGE WIDENING PROJECT:
Staff Report Item 2.R.
2.S. TREASURER'S INVESTMENT REPORT AS OF JUNE 30, 2009:
Staff Report Item 2.S.
2.T. COMMUNITY REDEVELOPMENT AGENCY ITEM APPROVING AN AGREEMENT WITH THE FAIR HOUSING COUNCIL OF RIVERSIDE COUNTY, INC., FOR FAIR HOUSING SERVICES THROUGH EDUCATION, TRAINING/TECHNICAL ASSISTANCE AND ENFORCEMENT:
Staff Report Item 2.T.
2.V. COLLEGE OF THE DESERT DRAFT POLICY ON SUSTAINABILITY STEWARDSHIP:
Staff Report Item 2.V.
2.W. APPROVE PARTICIPATION IN THE RIVERSIDE COUNTY MORTGAGE CERTIFICATE (MCC) PROGRAM:
Staff Report Item 2.W.
2.X. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID THE PORT LAWRENCE TEMPORARY PARKING LOT IMPROVEMENTS, (CITY PROJECT 09-06):
Staff Report Item 2.X.
EXCLUDED CONSENT CALENDAR:
2.I. APPROVE AMENDMENT NO. 1 TO THE NOTICE TO PROCEED WITH VEOLIA WEST OPERATING SERVICES, INC., FOR THE DESIGN PHASE OF THE ELECTRICAL SYSTEM UPGRADE (CITY PROJECT NO. 09-03):
Staff Report Item 2.I.
The City Council discussed and/or commented on the applicability of the local preference program requirements.
Motion to approve Authorize the Director of Public Works/City Engineer to issue Amendment No. 1 to the Notice to Proceed for Veolia West Operating Services, Inc., for an increased amount of $30,250, total amount of $280,298.24, 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 Amendment No. 1 to the Notice to Proceed for Veolia West Operating Services, Inc., for an increased amount of $30,250, total amount of $280,298.24, for the design phase of the Wastewater Treatment Plant Electrical System Upgrade (City Project No. 09-03). (Approved) (Recorded at 01:39:49)
2.N. APPROVE A MILLS ACT HISTORIC SITE CONTRACT FOR THE CASABLANCA ADOBE LOCATED AT 590 SOUTH INDIAN TRAIL:
Staff Report Item 2.N.
The City Council discussed and/or commented on the following: the differences under a Class 1 and Class 2 designation, and the benefits of a Mills Act contract.
Motion to 1) Approve a Mills Act Agreement with Jeff Trachta and Al Sophianopoulos for the Casablanca Adobe located at 590 South Indian Trail; 2) Authorize the City Manager to execute the Agreement; and 3) Direct the City Clerk to submit the executed agreement for recordation. A5887. Moved by Councilmember Hutcheson, seconded by Councilmember Weigel.
Vote to 1) Approve a Mills Act Agreement with Jeff Trachta and Al Sophianopoulos for the Casablanca Adobe located at 590 South Indian Trail; 2) Authorize the City Manager to execute the Agreement; and 3) Direct the City Clerk to submit the executed agreement for recordation. A5887. (Approved)
2.O. CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY ITEM FOR FUNDING OF THE FISCAL YEAR 2009-10 LOW AND MODERATE INCOME HOUSING FUND SET-ASIDE:
Staff Report Item 2.O.
The City Council discussed and/or commented on the following: projects funded with previous fiscal year funds, the five year plan, the 20% commitment of tax increment toward affordable housing, and the development of goals and policies of the City Council Subcommittee.
Motion to [CITY COUNCIL] 1) Adopt Resolution No. 22589, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS WITH RESPECT TO THE 2009-10 DEPOSIT TO THE LOW AND MODERATE INCOME HOUSING FUND; and [COMMUNITY REDEVELOPMENT AGENCY] 2) Adopt Resolution No. 1392, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS WITH RESPECT TO THE 2009-10 DEPOSIT TO THE LOW AND MODERATE INCOME HOUSING FUND." Moved by Mayor Pro Tem Mills, seconded by Councilmember Hutcheson.
Vote to [CITY COUNCIL] 1) Adopt Resolution No. 22589, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS WITH RESPECT TO THE 2009-10 DEPOSIT TO THE LOW AND MODERATE INCOME HOUSING FUND; and [COMMUNITY REDEVELOPMENT AGENCY] 2) Adopt Resolution No. 1392, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS WITH RESPECT TO THE 2009-10 DEPOSIT TO THE LOW AND MODERATE INCOME HOUSING FUND." (Approved)
2.U. VICEROY HOTEL CONDITIONAL USE PERMIT UPDATE ON CONDITIONS OF APPROVAL AND DETERMINATION OF COMPLIANCE, LOCATED AT 415 S. BELARDO ROAD (CASE NO. 5.0909-CUP):
Staff Report Item 2.U.
The City Council discussed and/or commented on the following: requested a progress report on the project, and requested staff provide comment and an update on the sufficiency of the prior bond.
Motion to approve Receive and File. A5878. Moved by Mayor Pro Tem Mills, seconded by Councilmember Foat.
Vote to approve Receive and File. A5878. (Approved)
2.Y. AWARD OF CONTRACT FOR THE GENE AUTRY TRAIL GATEWAY LANDSCAPE IMPROVEMENT PROJECT, (CITY PROJECT 06-03), FEDERAL AID PROJECT NO. ESPLE-5282 (027):
The City Council discussed and/or commented on the following: the difference in the grant amount and the bid amount, and other project uses of the grant funding.
Motion to approve 1) Approve an Agreement with Sierra Landscape Company, in the amount of $1,225,233.75 for Bid Schedule A, Bid Schedule B and Additive Bid Schedule C, for the Gene Autry Trail Gateway Landscape Improvement Project, (City Project 06-03), Federal Aid Project No. ESPLE-5282(027); and 2) Authorize the City Manager to execute all necessary documents. A5895. Moved by Councilmember Weigel, seconded by Mayor Pro Tem Mills.
Vote to approve 1) Approve an Agreement with Sierra Landscape Company, in the amount of $1,225,233.75 for Bid Schedule A, Bid Schedule B and Additive Bid Schedule C, for the Gene Autry Trail Gateway Landscape Improvement Project, (City Project 06-03), Federal Aid Project No. ESPLE-5282(027); and 2) Authorize the City Manager to execute all necessary documents. A5895. (Approved) (Recorded at 02:01:02)
Staff Report Item 2.Y.
3. LEGISLATIVE:
3.A. REVIEW AND DISCUSS A PROPOSED ORDINANCE AMENDING PALM SPRINGS MUNICIPAL CODE SECTIONS 8.80.020, 8.80.030, 8.80.040 AND 8.80.70 RELATIVE TO VACANT BUILDINGS, ESTABLISHING THE STOREFRONT IMPROVEMENT PROGRAM:
Staff Report Item 3.A.
Thomas Wilson, Assistant City Manager, provided background information as outlined in the staff report dated September 2, 2009.
The City Council discussed and/or commented on the following with respect to the Storefront Improvement Program: the size of ’For Lease" signs and the number of "For Lease" signs on an individual property, potential to add sign restrictions, time limit for the removal of signs from businesses that are no longer in business, the ordinance should include the repair of cracked and broken glass, staff to possibly research the enactment of a vacancy tax, staff to possibly research any type of incentive program for landlords to repair properties, condition of vacant buildings in the Downtown area, census or vacancy rate in the Downtown area and monitoring the vacancy rate, a user group of retailers and building owners to comment on an ordinance prior to the return to the City Council, a limit or certain percentage of window covering for public safety, installation of film that allows a picture during the day and is transparent at night, the City’s investment in the Downtown area, additional staff resources to enforce and coordinate the program, the potential for the ordinance to address boundaries, standards and monitoring of cleanliness, and replacement and maintenance of landscaping.
Motion to approve Direct the City Clerk to place the proposed Ordinance on the September 16, 2009, City Council Agenda for introduction. Moved by Councilmember Hutcheson, seconded by Councilmember Foat.
Vote to approve Direct the City Clerk to place the proposed Ordinance on the September 16, 2009, City Council Agenda for introduction. (Approved) (Recorded at 02:36:30)
3.B. PROPOSED ORDINANCE PROHIBITING SMOKING IN CERTAIN AREAS OF CITY PARKS AND OUTDOOR PUBLIC PLACES TYPICALLY FREQUENTED BY CHILDREN:
Staff Report Item 3.B.
City Attorney Holland provided background information as outlined in the staff report dated September 2, 2009.
The City Council discussed and/or commented on the following: compliance and enforcement, the posting of no smoking signs, and staff using discretion for certain exceptions to the designated areas, and the potential for a creative sign program at City parks.
Motion to 1) Waive the reading of the full text of the Ordinance, and introduce by title only; and 2) Introduce for first reading "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 6.10.083 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PROHIBITION OF SMOKING IN CITY PARKS AND OUTDOOR PUBLIC PLACES." Moved by Councilmember Weigel, seconded by Councilmember Hutcheson.
Vote to 1) Waive the reading of the full text of the Ordinance, and introduce by title only; and 2) Introduce for first reading "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 6.10.083 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PROHIBITION OF SMOKING IN CITY PARKS AND OUTDOOR PUBLIC PLACES." (Declined)
ACTION:
Direct staff to bring forward this Item for further discussion.
By consensus of the City Council.
4. UNFINISHED BUSINESS:
5. NEW BUSINESS:
5.A. AMENDMENT NO. 2 TO THE PALM DRIVE/GENE AUTRY TRAIL AT INTERSTATE 10 INTERCHANGE PROJECT REIMBURSEMENT AGREEMENT:
Staff Report Item 5.A.
David Barakian, City Engineer, provided background information as outlined in the staff report dated September 2, 2009.
Motion to 1) Approve Amendment No. 2 to Agreement No. A4195 with the County of Riverside, City of Desert Hot Springs and the Coachella Valley Association of Governments for the Palm Drive/Gene Autry Trail at Interstate 10 Interchange Project, increasing the total authorized Measure "A" amount by $14,490,240 to a total of $32,667,007 and amending the total project cost to $38,808,720; 2) Authorize the City Manager to execute all necessary documents; and 3) Direct staff to bring options to the City Council at the Fiscal Year 2010-11 Budget discussion to include the possibility of bonding, future Measure "A" funds, use of existing cash is designated accounts, and use of redevelopment funds as sources of funding to cover the City’s share of the I-10 project costs to CVAG. A4195. Moved by Councilmember Hutcheson, seconded by Councilmember Weigel.
Vote to 1) Approve Amendment No. 2 to Agreement No. A4195 with the County of Riverside, City of Desert Hot Springs and the Coachella Valley Association of Governments for the Palm Drive/Gene Autry Trail at Interstate 10 Interchange Project, increasing the total authorized Measure "A" amount by $14,490,240 to a total of $32,667,007 and amending the total project cost to $38,808,720; 2) Authorize the City Manager to execute all necessary documents; and 3) Direct staff to bring options to the City Council at the Fiscal Year 2010-11 Budget discussion to include the possibility of bonding, future Measure "A" funds, use of existing cash is designated accounts, and use of redevelopment funds as sources of funding to cover the City’s share of the I-10 project costs to CVAG. A4195. (Approved)
5.B. AMENDMENT NO. 2 TO THE CVAG REIMBURSEMENT AGREEMENT FOR THE GENE AUTRY TRAIL FROM INTERSTATE 10 TO VISTA CHINO PROJECT (CITY PROJECT NO. 01-04 AND 02-03):
Staff Report Item 5.B.
David Barakian, City Engineer, provided background information as outlined in the staff report dated September 2, 2009.
The City Council discussed and/or commented on the feasibility for an entry way on Gene Autry Trail into the stores on the corner off Vista Chino and Gene Autry.
Vote to approve 1) Approve Amendment No. 2 to Agreement No. A4393 with Coachella Valley Association of Governments, for the widening of Gene Autry Trail between Interstate 10 and Vista Chino, increasing the total authorized Measure "A" amount by $1,750,437.93 to a total of $9,625,437.93, for the widening of Gene Autry Trail from Interstate 10 to Vista Chino; 2) Authorize the City Manager to execute all necessary documents. A4393. (Approved) (Recorded at 03:01:08)
Motion to approve 1) Approve Amendment No. 2 to Agreement No. A4393 with Coachella Valley Association of Governments, for the widening of Gene Autry Trail between Interstate 10 and Vista Chino, increasing the total authorized Measure "A" amount by $1,750,437.93 to a total of $9,625,437.93, for the widening of Gene Autry Trail from Interstate 10 to Vista Chino; 2) Authorize the City Manager to execute all necessary documents. A4393. Moved by Councilmember Hutcheson, seconded by Councilmember Weigel.
Councilmember Mills stated he has a business related conflict of interest with respect to Item 5.C., would not participate in the discussion or the vote, and left Council Chamber.
5.C. APPROVE THE EXCHANGE OF BOND FOR A RECORDED DEED OF TRUST AS SECURITY FOR COMPLETION OF FUTURE IMPROVEMENTS FOR THE PALERMO AND MURANO PROJECTS:
Staff Report Item 5.C.
City Attorney Holland provided background information as outlined in the staff report dated September 2, 2009.
The City Council commented and/or discussed the following: setting precedence for similar situations, the value of the bond and why the City would want to give up the bond, the deed of trust just clouds title, the ramifications of the developer walking away.
MOTION:
1) Approve the exchange of the posted security bond for a deed of trust as security from P.S. Venture Indian Canyon/San Rafael, LLC, for completion of future improvements for the Palermo Project Tract Map 33561; 2) Approve the exchange of the posted security bond for a deed of trust as security from PS Avenida Caballeros/San Rafael, LLC for completion of future improvements for the Murano Project Tract Map 33933; and 3) Direct the City Clerk to execute Certificates of Acceptance for the Deed of Trust. A5246. A5324.
Motion Councilmember Weigel failed for lack of second.
No action taken.
Councilmember Mills returned to the dais.
5.D. APPOINTMENT OF VARIOUS COMMISSIONERS AND BOARD MEMBERS AS PART OF THE 2009 ANNUAL RECRUITMENT PROCESS:
Staff Report Item 5.D.
City Clerk Thompson provided background information as outlined in the staff report dated September 2, 2009.
Motion to 1) Reappoint Jeanne Mazur to the Public Arts Commission for the term ending June 30, 2012; 2) Appoint Patrick Sheehan and David Shipley to the Public Arts Commission for the term ending June 30, 2012; 3) Appoint Amy Sand to the Public Arts Commission for the unexpired term ending June 30, 2010; and 4) Appoint Clinton Moore and Chuck Conine to the Airport Commission for the term ending June 30, 2012. Moved by Councilmember Weigel, seconded by Mayor Pro Tem Mills.
Vote to 1) Reappoint Jeanne Mazur to the Public Arts Commission for the term ending June 30, 2012; 2) Appoint Patrick Sheehan and David Shipley to the Public Arts Commission for the term ending June 30, 2012; 3) Appoint Amy Sand to the Public Arts Commission for the unexpired term ending June 30, 2010; and 4) Appoint Clinton Moore and Chuck Conine to the Airport Commission for the term ending June 30, 2012. (Approved)
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Weigel requested staff place on a future agenda further discussion of the proposed smoking ordinance in Item 3.A.
Councilmember Foat requested the City Manager review the concerns of Casa Sandra Apartments with Palm Springs Disposal Service, requested staff review the San Francisco Historic Site Ordinance, and commented on the memorial service for Supervisor Roy Wilson.
Councilmember Mills requested the City Manager correct the build up of trash along the North side of the Airport, correct the dead tree on the Tahquitz median just East of Sunset, and noted the development of a new business information program.
Councilmember Hutcheson commented on the new business information program.
Mayor Pougnet wished Councilmember Mills and former Councilmember McCulloch best wishes on their birthday.
ADJOURNMENT:
Sep 02, 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 Hutcheson requested Item 2.N. be removed from the Consent Calendar for separate discussion.
Councilmember Foat noted her abstention on Item 2.B., City Council Minutes of July 15, 2009, and requested Item 2.U. and 2.Y. be removed from the Consent Calendar for separate discussion.
Mayor Pro Tem Mills noted his business related abstention on Item 2.C. Warrant Nos. 1036921, 1037168, 1037317, noted his business related abstention on Item 2.V., and requested Items 2.I., 2.O., and 2.Y., be removed from the Consent Calendar for separate discussion.
Motion to approve Accept the Agenda as amended. Moved by Councilmember Hutcheson, seconded by Mayor Pro Tem Mills.
Vote to approve Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
1.A. APPEAL OF KIRVIN SATTERWHITE OF THE HISTORIC SITE PRESERVATION BOARD ISSUANCE OF A STAY OF DEMOLITION OF A SINGLE FAMILY RESIDENCE AT 823 AVENIDA PALOS VERDES (CASE NO. 3.3352):
Staff Report Item 1.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated September 2, 2009.
Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.
GEORGE TUCKER, Appellant, commented on the points of his appeal and presented letters in support of the appeal and the demolition of the property.
EMILY HEMPHILL, Representing Appellant, stated the reason the property is on the potential historic list is due to the age of the property, noted the property is a private residence and not open to the public, commented on the modifications to the property over the years, stated the property does not meet the criteria for designation, research has located nothing significant at the property to warrant the designation, commented on the potential length of the stay of demolition, noted the lack of energy efficiency of the current property and the owners proposed energy enhancements.
JAMES JENSEN, requested the City Council grant the appeal and allow the demolition of the property.
ROBERT STONE, requested the City Council deny the appeal and issue a stay of demolition until additional study can be made on the property.
KEVIN BASS, requested the City Council grant the appeal and allow the demolition of the property.
ADAM ALLISON, requested the City Council grant the appeal and allow the demolition of the property.
AYAD ALKADLIN, requested the City Council grant the appeal and allow the demolition of the property.
LARRY HOCHANADEL, clarified the demolition process with the City and, requested the City Council grant the appeal and allow the demolition of the property.
No further speakers coming forward, the Public Hearing was closed.
The City Council discussed and/or commented on the following with respect to the property and the demolition: the age of the property and any historic significance, the lack of facts to justify a higher designation for the property, the condition of the property, the property will not be demolished until approved plans are submitted for a new project, the discussion and vote of the HSPB, the HSPB site visits and third-party comment, the costs of operation of a historic property, the change in the recommendation by staff from the HSPB to the City Council, and the potential to require a super-majority of the HSPB to issue a stay.
Motion to 1) The City Council determines that the findings in the Planning Department Staff Report dated July 14, 2009, to the Historic Site Preservation Board, are the controlling findings for the City Council determination; and 2) Grant the appeal and deny the Historic Site Preservation Board’s stay of demolition on the property located at 823 Avenida Palos Verdes. Moved by Councilmember Hutcheson, seconded by Councilmember Weigel.
Vote to 1) The City Council determines that the findings in the Planning Department Staff Report dated July 14, 2009, to the Historic Site Preservation Board, are the controlling findings for the City Council determination; and 2) Grant the appeal and deny the Historic Site Preservation Board’s stay of demolition on the property located at 823 Avenida Palos Verdes. (Approved)
PUBLIC COMMENT:
ROBERT ANZOVINO, commented on a recent claim he filed with the City of Palm Springs and the actions of the Palm Springs Police Department.
PAUL ANGULO, stated he is running for Riverside County Auditor-Controller, and introduced himself to the City Council.
TERRY FECKETT, commented on the Palm Springs Disposal Service contract fees.
BARBARA BEATY, commented on the state of the City budget and the properties the City sold to the Redevelopment Agency.
DAVID CARDEN, requested the City Council support Item 2.N., stated his support for Item 2.X., regarding the Port Lawrence temporary site improvements, and Item 3.A., regarding the Storefront Improvement Program.
DARRON DAHLE, commented on Item 3.A., the Storefront Improvement Program, and commented on problem properties in the Downtown area.
JOY MEREDITH, commented on the opening of Crystal Fantasy, Palm Springs Carriages and the support of the BID and the community, and stated her support for Item 2.X., the Port Lawrence temporary improvements, and Item 3.A., the Storefornt Improvement Program.
ROXANNE MISHLER and DIANE SCHROEDER, stated their support of item 2.X., regarding the Port Lawrence temporary improvements, and Item 3.A., regarding the Storefront Improvement Program.
PAUL MEDIANO, stated his support for Item 3.A., the Storefront Improvement Program.
RODOLFO CASTILLO, commented on Item 3.A., and the condition of the properties in the Downtown area.
COUNCILMEMBER COMMENTS:
Mayor Pougnet requested the City Manager and the City Clerk address the City process with respect to communication to City Council candidates.
CITY MANAGER'S REPORT:
2. CONSENT CALENDAR:
Councilmember Mills noted his business related abstention on additional warrants on Item 2.C., Warrant Nos. 1036441, 1036467, 1036483, and 1036493.
Motion to Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.J., 2.K., 2.L., 2.M., 2.P., 2.Q., 2.R., 2.S., 2.T., 2.V., 2.W., and 2.X.. Moved by Councilmember Hutcheson, seconded by Councilmember Weigel.
Vote to Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.J., 2.K., 2.L., 2.M., 2.P., 2.Q., 2.R., 2.S., 2.T., 2.V., 2.W., and 2.X.. (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 JULY, 2009:
Staff Report Item 2.D.
2.E. ACCEPTANCE OF THE PUBLIC RIGHT-OF-WAY FOR JACARANDA ROAD WITHIN PARCEL MAP 10509:
Staff Report Item 2.E.
2.F. FINAL TRAFFIC SIGNAL MAINTENANCE SERVICES AGREEMENT MODIFICATION AND RELATED BUDGET AMENDMENT:
Staff Report Item 2.F.
2.G. COOPERATIVE AGREEMENT WITH RIVERSIDE COUNTY FOR CONSTRUCTION OF THE GENE AUTRY TRAIL UINION PACIFIC RAILROAD (UPRR) BRIDGE WIDENING PROJECT (CITY PROJECT NO. 01-04):
Staff Report Item 2.G.
2.H. ACCEPTANCE OF GRANT FROM THE COACHELLA VALLEY AIR QUALITY ENHANCEMENT TRUST FUND:
Staff Report Item 2.H.
2.J. PROPOSED RESOLUTION AMENDING THE BAIL SCHEDULE FOR PARKING VIOLATIONS TO PROVIDE FOR STATUTORILY-REQUIRED PASS-THRU COSTS ON PARKING VIOLATIONS FOR STATE COURT AND CRIMINAL JUSTICE FACILITIES CONSTRUCTION COSTS (SB1407):
Staff Report Item 2.J.
2.K. ACCEPT THE RESIGNATION OF MICHAEL STERN FROM THE PUBLIC ARTS COMMISSION:
Staff Report Item 2.K.
2.L. ACCEPT THE RESIGNATION OF REBECCA TERRILL FROM THE VILLAGEFEST BOARD:
Staff Report Item 2.L.
2.M. APPOINTMENT OF TWO BOARD MEMBERS TO THE NEWLY CREATION POSITIONS ON THE VILLAGEFEST BOARD:
Staff Report Item 2.M.
2.P. APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. 031-N, WITH THE STATE OF CALIFORNIA FOR USE OF CONGESTION MITIGATION AND AIR QUALITY (CMAQ) FEDERAL-AID FUNDS FOR THE TRAFFIC MANAGEMENT CENTER AND CITYWIDE TRAFFIC SIGNAL INTERCONNECT PROJECT [CITY PROJECT NO. 08-04, FEDERAL-AID PROJECT NO. CML-5282(031)]:
Staff Report Item 2.P.
2.Q. APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. 027-N, WITH THE STATE OF CALIFORNIA FOR USE OF AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (ARRA) FEDERAL-AID FUNDS FOR THE GENE AUTRY TRAIL GATEWAY LANDSCAPE IMPROVEMENT PROJECT, CITY PROJECT NO. 06-03, FEDERAL-AID PROJECT NO. ESPLE-5282(027):
Staff Report Item 2.Q.
2.R. UTILITY AGREEMENTS FOR THE INDIAN CANYON DRIVE / INTERSTATE 10 INTERCHANGE WIDENING PROJECT:
Staff Report Item 2.R.
2.S. TREASURER'S INVESTMENT REPORT AS OF JUNE 30, 2009:
Staff Report Item 2.S.
2.T. COMMUNITY REDEVELOPMENT AGENCY ITEM APPROVING AN AGREEMENT WITH THE FAIR HOUSING COUNCIL OF RIVERSIDE COUNTY, INC., FOR FAIR HOUSING SERVICES THROUGH EDUCATION, TRAINING/TECHNICAL ASSISTANCE AND ENFORCEMENT:
Staff Report Item 2.T.
2.V. COLLEGE OF THE DESERT DRAFT POLICY ON SUSTAINABILITY STEWARDSHIP:
Staff Report Item 2.V.
2.W. APPROVE PARTICIPATION IN THE RIVERSIDE COUNTY MORTGAGE CERTIFICATE (MCC) PROGRAM:
Staff Report Item 2.W.
2.X. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID THE PORT LAWRENCE TEMPORARY PARKING LOT IMPROVEMENTS, (CITY PROJECT 09-06):
Staff Report Item 2.X.
EXCLUDED CONSENT CALENDAR:
2.I. APPROVE AMENDMENT NO. 1 TO THE NOTICE TO PROCEED WITH VEOLIA WEST OPERATING SERVICES, INC., FOR THE DESIGN PHASE OF THE ELECTRICAL SYSTEM UPGRADE (CITY PROJECT NO. 09-03):
Staff Report Item 2.I.
The City Council discussed and/or commented on the applicability of the local preference program requirements.
Motion to approve Authorize the Director of Public Works/City Engineer to issue Amendment No. 1 to the Notice to Proceed for Veolia West Operating Services, Inc., for an increased amount of $30,250, total amount of $280,298.24, 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 Amendment No. 1 to the Notice to Proceed for Veolia West Operating Services, Inc., for an increased amount of $30,250, total amount of $280,298.24, for the design phase of the Wastewater Treatment Plant Electrical System Upgrade (City Project No. 09-03). (Approved) (Recorded at 01:39:49)
2.N. APPROVE A MILLS ACT HISTORIC SITE CONTRACT FOR THE CASABLANCA ADOBE LOCATED AT 590 SOUTH INDIAN TRAIL:
Staff Report Item 2.N.
The City Council discussed and/or commented on the following: the differences under a Class 1 and Class 2 designation, and the benefits of a Mills Act contract.
Motion to 1) Approve a Mills Act Agreement with Jeff Trachta and Al Sophianopoulos for the Casablanca Adobe located at 590 South Indian Trail; 2) Authorize the City Manager to execute the Agreement; and 3) Direct the City Clerk to submit the executed agreement for recordation. A5887. Moved by Councilmember Hutcheson, seconded by Councilmember Weigel.
Vote to 1) Approve a Mills Act Agreement with Jeff Trachta and Al Sophianopoulos for the Casablanca Adobe located at 590 South Indian Trail; 2) Authorize the City Manager to execute the Agreement; and 3) Direct the City Clerk to submit the executed agreement for recordation. A5887. (Approved)
2.O. CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY ITEM FOR FUNDING OF THE FISCAL YEAR 2009-10 LOW AND MODERATE INCOME HOUSING FUND SET-ASIDE:
Staff Report Item 2.O.
The City Council discussed and/or commented on the following: projects funded with previous fiscal year funds, the five year plan, the 20% commitment of tax increment toward affordable housing, and the development of goals and policies of the City Council Subcommittee.
Motion to [CITY COUNCIL] 1) Adopt Resolution No. 22589, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS WITH RESPECT TO THE 2009-10 DEPOSIT TO THE LOW AND MODERATE INCOME HOUSING FUND; and [COMMUNITY REDEVELOPMENT AGENCY] 2) Adopt Resolution No. 1392, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS WITH RESPECT TO THE 2009-10 DEPOSIT TO THE LOW AND MODERATE INCOME HOUSING FUND." Moved by Mayor Pro Tem Mills, seconded by Councilmember Hutcheson.
Vote to [CITY COUNCIL] 1) Adopt Resolution No. 22589, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS WITH RESPECT TO THE 2009-10 DEPOSIT TO THE LOW AND MODERATE INCOME HOUSING FUND; and [COMMUNITY REDEVELOPMENT AGENCY] 2) Adopt Resolution No. 1392, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS WITH RESPECT TO THE 2009-10 DEPOSIT TO THE LOW AND MODERATE INCOME HOUSING FUND." (Approved)
2.U. VICEROY HOTEL CONDITIONAL USE PERMIT UPDATE ON CONDITIONS OF APPROVAL AND DETERMINATION OF COMPLIANCE, LOCATED AT 415 S. BELARDO ROAD (CASE NO. 5.0909-CUP):
Staff Report Item 2.U.
The City Council discussed and/or commented on the following: requested a progress report on the project, and requested staff provide comment and an update on the sufficiency of the prior bond.
Motion to approve Receive and File. A5878. Moved by Mayor Pro Tem Mills, seconded by Councilmember Foat.
Vote to approve Receive and File. A5878. (Approved)
2.Y. AWARD OF CONTRACT FOR THE GENE AUTRY TRAIL GATEWAY LANDSCAPE IMPROVEMENT PROJECT, (CITY PROJECT 06-03), FEDERAL AID PROJECT NO. ESPLE-5282 (027):
The City Council discussed and/or commented on the following: the difference in the grant amount and the bid amount, and other project uses of the grant funding.
Motion to approve 1) Approve an Agreement with Sierra Landscape Company, in the amount of $1,225,233.75 for Bid Schedule A, Bid Schedule B and Additive Bid Schedule C, for the Gene Autry Trail Gateway Landscape Improvement Project, (City Project 06-03), Federal Aid Project No. ESPLE-5282(027); and 2) Authorize the City Manager to execute all necessary documents. A5895. Moved by Councilmember Weigel, seconded by Mayor Pro Tem Mills.
Vote to approve 1) Approve an Agreement with Sierra Landscape Company, in the amount of $1,225,233.75 for Bid Schedule A, Bid Schedule B and Additive Bid Schedule C, for the Gene Autry Trail Gateway Landscape Improvement Project, (City Project 06-03), Federal Aid Project No. ESPLE-5282(027); and 2) Authorize the City Manager to execute all necessary documents. A5895. (Approved) (Recorded at 02:01:02)
Staff Report Item 2.Y.
3. LEGISLATIVE:
3.A. REVIEW AND DISCUSS A PROPOSED ORDINANCE AMENDING PALM SPRINGS MUNICIPAL CODE SECTIONS 8.80.020, 8.80.030, 8.80.040 AND 8.80.70 RELATIVE TO VACANT BUILDINGS, ESTABLISHING THE STOREFRONT IMPROVEMENT PROGRAM:
Staff Report Item 3.A.
Thomas Wilson, Assistant City Manager, provided background information as outlined in the staff report dated September 2, 2009.
The City Council discussed and/or commented on the following with respect to the Storefront Improvement Program: the size of ’For Lease" signs and the number of "For Lease" signs on an individual property, potential to add sign restrictions, time limit for the removal of signs from businesses that are no longer in business, the ordinance should include the repair of cracked and broken glass, staff to possibly research the enactment of a vacancy tax, staff to possibly research any type of incentive program for landlords to repair properties, condition of vacant buildings in the Downtown area, census or vacancy rate in the Downtown area and monitoring the vacancy rate, a user group of retailers and building owners to comment on an ordinance prior to the return to the City Council, a limit or certain percentage of window covering for public safety, installation of film that allows a picture during the day and is transparent at night, the City’s investment in the Downtown area, additional staff resources to enforce and coordinate the program, the potential for the ordinance to address boundaries, standards and monitoring of cleanliness, and replacement and maintenance of landscaping.
Motion to approve Direct the City Clerk to place the proposed Ordinance on the September 16, 2009, City Council Agenda for introduction. Moved by Councilmember Hutcheson, seconded by Councilmember Foat.
Vote to approve Direct the City Clerk to place the proposed Ordinance on the September 16, 2009, City Council Agenda for introduction. (Approved) (Recorded at 02:36:30)
3.B. PROPOSED ORDINANCE PROHIBITING SMOKING IN CERTAIN AREAS OF CITY PARKS AND OUTDOOR PUBLIC PLACES TYPICALLY FREQUENTED BY CHILDREN:
Staff Report Item 3.B.
City Attorney Holland provided background information as outlined in the staff report dated September 2, 2009.
The City Council discussed and/or commented on the following: compliance and enforcement, the posting of no smoking signs, and staff using discretion for certain exceptions to the designated areas, and the potential for a creative sign program at City parks.
Motion to 1) Waive the reading of the full text of the Ordinance, and introduce by title only; and 2) Introduce for first reading "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 6.10.083 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PROHIBITION OF SMOKING IN CITY PARKS AND OUTDOOR PUBLIC PLACES." Moved by Councilmember Weigel, seconded by Councilmember Hutcheson.
Vote to 1) Waive the reading of the full text of the Ordinance, and introduce by title only; and 2) Introduce for first reading "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 6.10.083 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PROHIBITION OF SMOKING IN CITY PARKS AND OUTDOOR PUBLIC PLACES." (Declined)
ACTION:
Direct staff to bring forward this Item for further discussion.
By consensus of the City Council.
4. UNFINISHED BUSINESS:
5. NEW BUSINESS:
5.A. AMENDMENT NO. 2 TO THE PALM DRIVE/GENE AUTRY TRAIL AT INTERSTATE 10 INTERCHANGE PROJECT REIMBURSEMENT AGREEMENT:
Staff Report Item 5.A.
David Barakian, City Engineer, provided background information as outlined in the staff report dated September 2, 2009.
Motion to 1) Approve Amendment No. 2 to Agreement No. A4195 with the County of Riverside, City of Desert Hot Springs and the Coachella Valley Association of Governments for the Palm Drive/Gene Autry Trail at Interstate 10 Interchange Project, increasing the total authorized Measure "A" amount by $14,490,240 to a total of $32,667,007 and amending the total project cost to $38,808,720; 2) Authorize the City Manager to execute all necessary documents; and 3) Direct staff to bring options to the City Council at the Fiscal Year 2010-11 Budget discussion to include the possibility of bonding, future Measure "A" funds, use of existing cash is designated accounts, and use of redevelopment funds as sources of funding to cover the City’s share of the I-10 project costs to CVAG. A4195. Moved by Councilmember Hutcheson, seconded by Councilmember Weigel.
Vote to 1) Approve Amendment No. 2 to Agreement No. A4195 with the County of Riverside, City of Desert Hot Springs and the Coachella Valley Association of Governments for the Palm Drive/Gene Autry Trail at Interstate 10 Interchange Project, increasing the total authorized Measure "A" amount by $14,490,240 to a total of $32,667,007 and amending the total project cost to $38,808,720; 2) Authorize the City Manager to execute all necessary documents; and 3) Direct staff to bring options to the City Council at the Fiscal Year 2010-11 Budget discussion to include the possibility of bonding, future Measure "A" funds, use of existing cash is designated accounts, and use of redevelopment funds as sources of funding to cover the City’s share of the I-10 project costs to CVAG. A4195. (Approved)
5.B. AMENDMENT NO. 2 TO THE CVAG REIMBURSEMENT AGREEMENT FOR THE GENE AUTRY TRAIL FROM INTERSTATE 10 TO VISTA CHINO PROJECT (CITY PROJECT NO. 01-04 AND 02-03):
Staff Report Item 5.B.
David Barakian, City Engineer, provided background information as outlined in the staff report dated September 2, 2009.
The City Council discussed and/or commented on the feasibility for an entry way on Gene Autry Trail into the stores on the corner off Vista Chino and Gene Autry.
Vote to approve 1) Approve Amendment No. 2 to Agreement No. A4393 with Coachella Valley Association of Governments, for the widening of Gene Autry Trail between Interstate 10 and Vista Chino, increasing the total authorized Measure "A" amount by $1,750,437.93 to a total of $9,625,437.93, for the widening of Gene Autry Trail from Interstate 10 to Vista Chino; 2) Authorize the City Manager to execute all necessary documents. A4393. (Approved) (Recorded at 03:01:08)
Motion to approve 1) Approve Amendment No. 2 to Agreement No. A4393 with Coachella Valley Association of Governments, for the widening of Gene Autry Trail between Interstate 10 and Vista Chino, increasing the total authorized Measure "A" amount by $1,750,437.93 to a total of $9,625,437.93, for the widening of Gene Autry Trail from Interstate 10 to Vista Chino; 2) Authorize the City Manager to execute all necessary documents. A4393. Moved by Councilmember Hutcheson, seconded by Councilmember Weigel.
Councilmember Mills stated he has a business related conflict of interest with respect to Item 5.C., would not participate in the discussion or the vote, and left Council Chamber.
5.C. APPROVE THE EXCHANGE OF BOND FOR A RECORDED DEED OF TRUST AS SECURITY FOR COMPLETION OF FUTURE IMPROVEMENTS FOR THE PALERMO AND MURANO PROJECTS:
Staff Report Item 5.C.
City Attorney Holland provided background information as outlined in the staff report dated September 2, 2009.
The City Council commented and/or discussed the following: setting precedence for similar situations, the value of the bond and why the City would want to give up the bond, the deed of trust just clouds title, the ramifications of the developer walking away.
MOTION:
1) Approve the exchange of the posted security bond for a deed of trust as security from P.S. Venture Indian Canyon/San Rafael, LLC, for completion of future improvements for the Palermo Project Tract Map 33561; 2) Approve the exchange of the posted security bond for a deed of trust as security from PS Avenida Caballeros/San Rafael, LLC for completion of future improvements for the Murano Project Tract Map 33933; and 3) Direct the City Clerk to execute Certificates of Acceptance for the Deed of Trust. A5246. A5324.
Motion Councilmember Weigel failed for lack of second.
No action taken.
Councilmember Mills returned to the dais.
5.D. APPOINTMENT OF VARIOUS COMMISSIONERS AND BOARD MEMBERS AS PART OF THE 2009 ANNUAL RECRUITMENT PROCESS:
Staff Report Item 5.D.
City Clerk Thompson provided background information as outlined in the staff report dated September 2, 2009.
Motion to 1) Reappoint Jeanne Mazur to the Public Arts Commission for the term ending June 30, 2012; 2) Appoint Patrick Sheehan and David Shipley to the Public Arts Commission for the term ending June 30, 2012; 3) Appoint Amy Sand to the Public Arts Commission for the unexpired term ending June 30, 2010; and 4) Appoint Clinton Moore and Chuck Conine to the Airport Commission for the term ending June 30, 2012. Moved by Councilmember Weigel, seconded by Mayor Pro Tem Mills.
Vote to 1) Reappoint Jeanne Mazur to the Public Arts Commission for the term ending June 30, 2012; 2) Appoint Patrick Sheehan and David Shipley to the Public Arts Commission for the term ending June 30, 2012; 3) Appoint Amy Sand to the Public Arts Commission for the unexpired term ending June 30, 2010; and 4) Appoint Clinton Moore and Chuck Conine to the Airport Commission for the term ending June 30, 2012. (Approved)
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Weigel requested staff place on a future agenda further discussion of the proposed smoking ordinance in Item 3.A.
Councilmember Foat requested the City Manager review the concerns of Casa Sandra Apartments with Palm Springs Disposal Service, requested staff review the San Francisco Historic Site Ordinance, and commented on the memorial service for Supervisor Roy Wilson.
Councilmember Mills requested the City Manager correct the build up of trash along the North side of the Airport, correct the dead tree on the Tahquitz median just East of Sunset, and noted the development of a new business information program.
Councilmember Hutcheson commented on the new business information program.
Mayor Pougnet wished Councilmember Mills and former Councilmember McCulloch best wishes on their birthday.
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