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:
City Clerk Thompson noted the corrected recommendation for Consent Calendar Item 2.J. deleting the waiver of competitive requirements of the Code.
Councilmember Foat noted her business related abstention on Item 2.C. Warrant No. 1048194, and requested Item 2.I. be removed from the Consent Calendar for separate discussion.
Councilmember Hutcheson requested Items 2.H. and 2.J. be removed from the Consent Calendar for separate discussion.
Councilmember Mills noted his business related abstention on Item 2.C. Warrant No. 1048875.
Mayor Pougnet noted his business related abstention on Item 2.C. Warrant No. 1048108, and requested Item 2.I. be removed from the Consent Calendar for separate discussion.
Motion to approve Accept the Agenda as amended. Moved by Councilmember Mills, seconded by Mayor Pro Tem Weigel.
Vote to approve Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
1.A. COLLEGE PARK SPECIFIC PLAN GENERAL PLAN AMENDMENT AND CHANGE OF ZONE TO REFINE LAND USES IN PROXIMITY TO THE FUTURE COLLEGE OF THE DESERT WEST VALLEY CAMPUS (CASE NO. 5.1232-SP, GPA & CZ):
Staff Report Item 1.A.
John D. Criste, Consulting Planner, provided background information as outlined in the staff report dated April 20, 2011.
Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.
EDWIN DEAS, provided a progress report on the project development, commented on his submitted letter and request for minor modifications relating to the proposed Sunrise Parkway and setbacks, and commented on discussions with City Staff on which standards the College would be subject to.
STEPHEN RENEW, College of the Desert, stated the development is planned in several stages and requested City Council consideration on the setbacks.
TRAVIS ARMSTRONG, spoke in support of the City Council retaining the option for Sunrise Parkway, commented on crime and blight in the neighborhood, including blight on City property.
WILLIE HOLLAND, stated it not the responsibility of College of the Desert to put in a road for the City, and commented on neighborhood issues.
No further speakers coming forward, the public hearing was closed.
Councilmember Hutcheson requested staff address the proposed Sunrise Parkway, and the Planning Commission discussion regarding the proposed roadway.
Councilmember Mills stated he was surprised to see the proposed Sunrise Parkway in the Specific Plan, and questioned if it would be the main entrance to the campus and if signalization would be required, recommended the Sunrise Parkway end into the college, noted the bike path system should be incorporated into the easement, requested staff address the right-of-way near the San Rafael area on Exhibit 7.7 of the Specific Plan, potential for a link and circulation in the San Rafael and Radio Road/Rosa Parks area, stated the Specific Plan takes into account how the College can integrate into the area, and support the abandonment of the easement except for bikes and trails.
Councilmember Foat requested staff address the requirement of set-back and right-of-way on the industrial side San Rafael.
Councilmember Hutcheson stated he concurred with Councilmember Mills on his comments with respect to the proposed Sunrise Parkway, and commented on the positive impact of the College to the City.
Mayor Pougnet noted on the development of the College and the development of the plan, noted that College of the Desert is not a private college, and requested staff prepare a report, indicating the investment expenditures in the Desert Highland neighborhood for the last five years.
Motion to 1) Waive reading of the full text of the Ordinance and introduce by title only; and 2) Introduce for first reading Ordinance No. 1789, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE CHANGE OF ZONE, ADOPTING THE COLLEGE OF THE DESERT WEST VALLEY CAMPUS SPECIFIC PLAN ESTABLISHING NEW DEVELOPMENT STANDARDS AND GUIDELINES FOR THE PROPOSED TEN (10) INDIVIDUAL PLANNING AREAS LOCATED WEST OF INDIAN CANYON DRIVE, EAST OF HIGHWAY 111, NORTH OF SAN RAFAEL DRIVE AND SOUTH OF THE CHINO CREEK/WHITEWATER RIVER FLOOD CONTROL LEVEE," modifying the Specific Plan with the abandonment of the extension of Sunrise Parkway, providing for the trails and the related right-of-way, and the abandonment of the setback requirement. Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to 1) Waive reading of the full text of the Ordinance and introduce by title only; and 2) Introduce for first reading Ordinance No. 1789, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE CHANGE OF ZONE, ADOPTING THE COLLEGE OF THE DESERT WEST VALLEY CAMPUS SPECIFIC PLAN ESTABLISHING NEW DEVELOPMENT STANDARDS AND GUIDELINES FOR THE PROPOSED TEN (10) INDIVIDUAL PLANNING AREAS LOCATED WEST OF INDIAN CANYON DRIVE, EAST OF HIGHWAY 111, NORTH OF SAN RAFAEL DRIVE AND SOUTH OF THE CHINO CREEK/WHITEWATER RIVER FLOOD CONTROL LEVEE," modifying the Specific Plan with the abandonment of the extension of Sunrise Parkway, providing for the trails and the related right-of-way, and the abandonment of the setback requirement. (Approved)
1.B. COMMUNITY REDEVELOPMENT AGENCY AND CITY COUNCIL JOINT PUBLIC HEARING APPROVING AMENDMENT NO. 2 TO DISPOSITION AND DEVELOPMENT AGREEMENT NO. A0503C WITH ENDURE INVESTMENTS, LLC FOR REMEDIATION AND MONITORING THE SITE OF A 393,000 SQUARE FOOT RETAIL SHOPPING CENTER AT THE NORTHEAST CORNER OF RAMON ROAD AND GENE AUTRY TRAIL (HIGHWAY 111) MERGED REDEVELOPMENT PROJECT AREA NO. 1:
Staff Report Item 1.B.
John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated April 20, 2011.
Mayor Pougnet opened the public hearing, and no speakers coming forward the public hearing was closed.
Motion to (COMMUNITY REDEVELOPMENT AGENCY) 1) Adopt Resolution No. 1418, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO THE DISPOSITION AND DEVELOPMENT AGREEMENT NO. A0503C WITH ENDURE, LLC (FORMERLY GEIGER LLC) FOR THE DEVELOPMENT OF THE SPRINGS PROJECT;" 2) Authorize the Executive Director to execute a budget transfer of $140,000 from unallocated capital outlay funds to an account established for the purposes of executing this agreement; and (CITY COUNCIL) 3) Adopt Resolution No. 22907, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONCURRING WITH THE COMMUNITY REDEVELOPMENT AGENCY REGARDING THE APPROVAL OF AMENDMENT NO. 2 TO THE DISPOSITION AND DEVELOPMENT AGREEMENT NO. A0503C WITH ENDURE, LLC." A0503C. Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to (COMMUNITY REDEVELOPMENT AGENCY) 1) Adopt Resolution No. 1418, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO THE DISPOSITION AND DEVELOPMENT AGREEMENT NO. A0503C WITH ENDURE, LLC (FORMERLY GEIGER LLC) FOR THE DEVELOPMENT OF THE SPRINGS PROJECT;" 2) Authorize the Executive Director to execute a budget transfer of $140,000 from unallocated capital outlay funds to an account established for the purposes of executing this agreement; and (CITY COUNCIL) 3) Adopt Resolution No. 22907, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONCURRING WITH THE COMMUNITY REDEVELOPMENT AGENCY REGARDING THE APPROVAL OF AMENDMENT NO. 2 TO THE DISPOSITION AND DEVELOPMENT AGREEMENT NO. A0503C WITH ENDURE, LLC." A0503C. (Approved)
PUBLIC COMMENT:
PHYLLIS BURGESS, commented on the loss of Police K-9 Ike, commented on Item 2.I., and requested the City Council not support the Resolution as requested by the Human Rights Commission.
GEORGE W. ZANDER, Palm Springs, commented on Item 2.I., and requested the City Council support and adopt a Resolution supporting marriage equality.
REV. KEVIN A. JOHNSON, commented on Item 2.I., and requested the City Council support and adopt a Resolution supporting marriage equality.
PAUL ZAK, commented on Item 2.I., and requested the City Council support and adopt a Resolution supporting marriage equality.
GREG RODRIGUEZ, commented on Item 2.I., and requested the City Council support and adopt a Resolution supporting marriage equality.
TOM SWANN, announced the 10th anniversary of the Gay Veterans Memorial.
FRANK TYSEN, commented on the proposed Riverside Detention Center at Whitewater, and thanked the City Council for their support and partial funding of the economic study.
WILLIE HOLLAND, commented on marriage, and issues in the Highland Gateway neighborhood.
STEVE ROSENBERG, commented on tourist activity at the Palm Springs International Airport and the Coachella Fest Event.
COUNCILMEMBER COMMENTS:
Mayor Pougnet requested staff address issues at the Korakia and the disrespect for the neighborhood, and thanked all parties involved in stopping the proposed Riverside County Detention Center at Whitewater.
Councilmember Foat provided a report on the CVAG Homeless Committee meeting, the activities at Roy’s Resource Center serving Homeless in the Coachella Valley, commented on the conditions at the Palm Springs Animal Shelter and a recent lawsuit filed against the City regarding the condition of the Animal Shelter.
Mayor Pro Tem Weigel commented on the City of Indian Wells Campaign Help for Homelessness, and requested staff review the possibility of incorporating a similar program or participate in the Indian Wells campaign.
CITY MANAGER’S REPORT: None.
2. CONSENT CALENDAR:
Motion to Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., and 2.G. Moved by Councilmember Foat, seconded by Councilmember Hutcheson.
Vote to Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., and 2.G. (Approved)
2.A. REPORT ON THE POSTING OF THE AGENDA:
Staff Report Item 2.A.
2.B. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1787, PROVIDING FOR DISPLACEMENT PAYMENTS FOR RESIDENTIAL HOUSEHOLDS:
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 2011:
Staff Report Item 2.D.
2.E. ACCEPT THE RESIGNATION OF JAMIE KABLER FROM THE PUBLIC ARTS COMMISSION:
Staff Report Item 2.E.
2.F. ACCEPT THE RESIGNATION OF JEANNE MAZUR FROM THE PUBLIC ARTS COMMISSION:
Staff Report Item 2.F.
2.G. AMENDMENT NO. 5 TO AGREEMENT NO. A5672 WITH SWATT/MIERS ARCHITECTS TO PROVIDE ADDITIONAL DESIGN SERVICES AT THE ANIMAL CARE FACILITY:
Staff Report Item 2.G.
EXCLUDED CONSENT CALENDAR:
2.H. AGREEMENT WITH PYRANET LLC FOR THE BILLINGS AND RECONCILIATION OF ALARM PERMITS, RENEWALS, FALSE ALARMS, AND CONTINUANCE OF THE ALARM DIVERSION PROGRAM:
Staff Report Item 2.H.
Councilmember Hutcheson requested staff address the cost of the program.
Motion to approve 1) Approve an agreement with Pyranet, LLC, dba PalmSpringsAlarm.com and alarmschoolonline.com (PSA) to perform the billing and reconciliation of alarm permits, renewals, and false alarm billings and continue the On-Line Alarm Diversion Program for 36 months; 2) Authorize the City Manager to execute all necessary documents. A5409. Moved by Councilmember Mills, seconded by Councilmember Foat.
Vote to approve 1) Approve an agreement with Pyranet, LLC, dba PalmSpringsAlarm.com and alarmschoolonline.com (PSA) to perform the billing and reconciliation of alarm permits, renewals, and false alarm billings and continue the On-Line Alarm Diversion Program for 36 months; 2) Authorize the City Manager to execute all necessary documents. A5409. (Approved) (Recorded at 02:24:38)
2.I. HUMAN RIGHTS COMMISSION REQUEST PERTAINING TO CIVIL MARRIAGES:
Staff Report Item 2.I.
Councilmember Foat request staff bring forth a resolution for City Council consideration at the next City Council meeting, noted the civil rights implications, tax implications and legal rights afforded.
Councilmember Hutcheson stated his support for Councilmember Foat's statements, commented on rights afforded recognized married couples, and equal rights.
Mayor Pro Tem Weigel stated this is a polarizing issue, and the City Council should not take on such an issue that would polarize the community.
Mayor Pougnet noted his support for the statements made by Councilmember Foat and Councilmember Hutcheson, commented on same-sex marriage, and noted effects to children.
Motion to 1) Receive and file; and 2) Direct staff to bring forth a Resolution for City Council discussion and consideration at the May 4, 2011 meeting. Moved by Councilmember Foat, seconded by Councilmember Hutcheson.
Vote to 1) Receive and file; and 2) Direct staff to bring forth a Resolution for City Council discussion and consideration at the May 4, 2011 meeting. (Approved)
2.J. PROJECT SYSTEM SOFTWARE AND DATA SERVICES FOR THE BUILDING AND SAFETY DEPARTMENT AND DEVELOPMENT SERVICES:
Staff Report Item 2.J.
Councilmember Hutcheson noted the benefits of the new permitting system to the citizens and developers.
Motion to 1) Award a master software and services agreement for a new permitting software system, in a form acceptable to the City Attorney, to BUILDERadius Inc. of Asheville, NC in the amount of $88,500.00, including 5 years of maintenance; and 2) Authorize the City Manager to execute all necessary documents. A6090. Moved by Councilmember Foat, seconded by Councilmember Hutcheson.
Vote to 1) Award a master software and services agreement for a new permitting software system, in a form acceptable to the City Attorney, to BUILDERadius Inc. of Asheville, NC in the amount of $88,500.00, including 5 years of maintenance; and 2) Authorize the City Manager to execute all necessary documents. A6090. (Approved)
3. LEGISLATIVE:
3.A. CONSIDERATION OF DRAFT ORDINANCES PROHIBITING SMOKING NEAR PLAYGROUNDS AND IN THE ALTERNATIVE, PROHIBITING SMOKING IN CITY PARKS:
Staff Report Item 3.A.
City Attorney Holland provided background information as outlined in the staff report dated April 20, 2011.
Mayor Pro Tem Weigel requested the City Council introduce the Ordinance prohibiting smoking in parks.
Mayor Pougnet requested staff address the enforcement of the proposed ordinances.
Mayor Pro Tem Weigel noted other cities and counties that prohibit smoking in parks and public beaches.
Councilmember Mills commented on enforcement issues with the two prepared ordinances.
Councilmember Hutcheson thanked Mayor Pro Tem Weigel and commented on the impacts of smoking.
Councilmember Foat requested staff address the implementation of the program.
Mayor Pougnet requested staff address any other cities in the Coachella Valley and in Riverside County who have similar restrictions.
Motion to 1) Waive the reading of text in its entirety, read by title only, and re-introduce on first reading, Ordinance No. 1788, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 6.10.081 TO, AMENDING SECTION 6.10.020 OF, AND AMENDING SUBSECTION (a) OF SECTION 6.10.100 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PROHIBITION OF SMOKING IN PARKS." Moved by Mayor Pro Tem Weigel, seconded by Councilmember Hutcheson.
Vote to 1) Waive the reading of text in its entirety, read by title only, and re-introduce on first reading, Ordinance No. 1788, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 6.10.081 TO, AMENDING SECTION 6.10.020 OF, AND AMENDING SUBSECTION (a) OF SECTION 6.10.100 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PROHIBITION OF SMOKING IN PARKS." (Approved)
3.B. PROPOSED ORDINANCE ESTABLISHING ELECTION REGULATIONS INCREASING THE NUMBER OF SIGNATURES NEEDED TO QUALIFY TO RUN FOR ELECTIVE OFFICE AND ESTABLISHING A FILING FEE:
Staff Report Item 3.B.
City Clerk Thompson provided background information as outlined in the staff report dated April 20, 2011.
Councilmember Foat requested the proposed regulations include the proof of residency in the proposed ordinance, commented on the proposed fees and stated her support to recoup the cost to City for petition verification, and noted her flexibility on number of voters required.
Councilmember Mills requested staff address the cost of a candidate statement, stated his support for a candidate statement be mandatory for all candidates and included in the proposed ordinance, noted his flexibility in determining the number of signatures required, requested staff address the timing of the nomination period and perhaps allow for more time during the nomination process, commented on the number of signatures allowed on a paper and recommended the signatures be in the 120 to 180 range with 6 sections to a nomination petition.
Mayor Pro Tem Weigel stated 200 to 250 signatures is too many, stated his support for multiple circulators, stated the timing is too close to the current election cycle and stated his support for making regulations effective after the 2011 election.
Mayor Pougnet stated his support for the deferral of any regulations to the next election cycle.
Councilmember Hutcheson stated the City Council does need to take action and noted his support for making the regulations effective with the next election cycle, commented on the need to take a better discourse with respect to election regulations to encourage those who are committed to office and serving the community, noted his support for more signatures and lesser fees which could be a barrier.
Councilmember Foat noted that increasing the number of signatures would not be a barrier and renewed her support to be effective this election cycle, noted if the City Council was to defer the signature requirement to the next election cycle, she would prefer the proof of residency to become effective for this election cycle.
Motion to 1) Waive reading of the full text of the Ordinance and introduce by title only; 2) Introduce for first reading Ordinance No. 1790, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.02 TO, REPEALING SECTIONS 2.04.080 AND 2.04.100 OF THE PALM SPRINGS MUNICIPAL CODE, AND REPEALING UNCODIFIED ORDINANCE NO. 1562, RELATING TO THE CONDUCT OF MUNICIPAL ELECTIONS,"
amending Section 2.02.020(a) to provide for not less than 150 nor more than 210 voters, amending Section 2.02.030(a) to provide for 6 Sections with each Section of 35 signatures, and amending Section 5 of the Ordinance for an effective date of January 1, 2012
; and 3) Direct staff to bring forth legislation that provides for proof of residency effective the current election cycle. Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to 1) Waive reading of the full text of the Ordinance and introduce by title only; 2) Introduce for first reading Ordinance No. 1790, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.02 TO, REPEALING SECTIONS 2.04.080 AND 2.04.100 OF THE PALM SPRINGS MUNICIPAL CODE, AND REPEALING UNCODIFIED ORDINANCE NO. 1562, RELATING TO THE CONDUCT OF MUNICIPAL ELECTIONS,"
amending Section 2.02.020(a) to provide for not less than 150 nor more than 210 voters, amending Section 2.02.030(a) to provide for 6 Sections with each Section of 35 signatures, and amending Section 5 of the Ordinance for an effective date of January 1, 2012
; and 3) Direct staff to bring forth legislation that provides for proof of residency effective the current election cycle. (Approved)
4. UNFINISHED BUSINESS:
4.A. REDESIGN FOR THE RENOVATION AND EXPANSION OF THE WELWOOD MURRAY MEMORIAL LIBRARY, A CLASS 1 HISTORIC SITE, LOCATED AT 100 SOUTH PALM CANYON DRIVE:
Al Smoot, City Owners Representative, presented the redesign of the renovation and expansion plans for the Welwood Murray Memorial Library.
Councilmember Mills stated the project stays within the existing footprint, the redesign of the patio areas into a workable operation, the elevations, the remote toilets, and stated the City Council has accomplished what it set out to do.
Councilmember Hutcheson requested staff address the operating budget for the expanded space, questioned the proposed uses, and stated the programs do not justify the expenditure.
Mayor Pro Tem Weigel stated this will provide much needed meeting space in the Downtown area, and commented on other positive components of the program plan.
Councilmember Foat requested staff address the door to the restrooms, stated the City should move forward, but is in agreement the programming could be improved, and the interior should include pizzazz.
Councilmember Mills commented on the programming alternatives, and stated the programming should be operated by the Library.
Motion to approve 1) Direct staff to submit the redesigned project to the Planning Commission and the Architectural Advisory Committee; and 2) Direct staff to submit the redesigned project to the Historic Site Preservation Board for a Certificate of Approval. Moved by Councilmember Mills, seconded by Mayor Pro Tem Weigel.
Vote to approve 1) Direct staff to submit the redesigned project to the Planning Commission and the Architectural Advisory Committee; and 2) Direct staff to submit the redesigned project to the Historic Site Preservation Board for a Certificate of Approval. (Approved) (Recorded at 03:41:53)
4.B. MUSEUM MARKET PLAZA SPECIFIC PLAN UPDATE:
John Raymond, Director of Community and Economic Development, provided a verbal update on the Museum Market Plaza Specific Plan.
No action taken.
5. NEW BUSINESS:
5.A. PRESENTATION AND DISCUSSION OF THE DRAFT FISCAL YEAR 2011-12 GENERAL FUND BUDGET AND SUSTAINABILITY FUND BUDGET, AND FISCAL YEAR 2010-11 THIRD QUARTER UPDATE:
Item 5.A. Operating Budget
Item 5.A. Sustainability and Recycling Funds
Item 5.A. Fiscal Year 2010-11 Third Quarter Review
City Manager Ready and Geoffrey Kiehl, Finance Director, provided a review of the Fiscal Year 2010-11 Third Quarter Update and introduced the Fiscal Year 2011-12 General Fund, Sustainability Fund and Recycling Fund budgets.
ACTION:
Continue past the 10:00 p.m. tentative adjournment time.
Motion Councilmember Foat, seconded by Councilmember Hutcheson and unanimously carried.
Councilmember Hutcheson requested staff address budgeted expenditures for street improvements, general cost insurance, requested a breakdown of personnel costs, and requested the development of a special event in the fourth quarter.
Mayor Pro Tem Weigel requested staff address the general cost increases, and noted some of the structural changes made throughout the year.
Mayor Pougnet stated the City has not made enough structural changes, and stated employees need to start paying a portion of their retirement.
No action taken.
5.B. APPOINTMENT OF A CITY COUNCIL AD HOC SUBCOMMITTEE FOR THE 2011 GENERAL PLAN HOUSING ELEMENT UPDATE:
Motion to Appoint Councilmember Mills and Councilmember Hutcheson to an Ad Hoc City Council Subcommittee for the 2011 General Plan Housing Element Update. Moved by Councilmember Foat, seconded by Mayor Pro Tem Weigel.
Vote to Appoint Councilmember Mills and Councilmember Hutcheson to an Ad Hoc City Council Subcommittee for the 2011 General Plan Housing Element Update. (Approved)
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: None.
ADJOURNMENT:
Apr 20, 2011 City Council Meeting
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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:
City Clerk Thompson noted the corrected recommendation for Consent Calendar Item 2.J. deleting the waiver of competitive requirements of the Code.
Councilmember Foat noted her business related abstention on Item 2.C. Warrant No. 1048194, and requested Item 2.I. be removed from the Consent Calendar for separate discussion.
Councilmember Hutcheson requested Items 2.H. and 2.J. be removed from the Consent Calendar for separate discussion.
Councilmember Mills noted his business related abstention on Item 2.C. Warrant No. 1048875.
Mayor Pougnet noted his business related abstention on Item 2.C. Warrant No. 1048108, and requested Item 2.I. be removed from the Consent Calendar for separate discussion.
Motion to approve Accept the Agenda as amended. Moved by Councilmember Mills, seconded by Mayor Pro Tem Weigel.
Vote to approve Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
1.A. COLLEGE PARK SPECIFIC PLAN GENERAL PLAN AMENDMENT AND CHANGE OF ZONE TO REFINE LAND USES IN PROXIMITY TO THE FUTURE COLLEGE OF THE DESERT WEST VALLEY CAMPUS (CASE NO. 5.1232-SP, GPA & CZ):
Staff Report Item 1.A.
John D. Criste, Consulting Planner, provided background information as outlined in the staff report dated April 20, 2011.
Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.
EDWIN DEAS, provided a progress report on the project development, commented on his submitted letter and request for minor modifications relating to the proposed Sunrise Parkway and setbacks, and commented on discussions with City Staff on which standards the College would be subject to.
STEPHEN RENEW, College of the Desert, stated the development is planned in several stages and requested City Council consideration on the setbacks.
TRAVIS ARMSTRONG, spoke in support of the City Council retaining the option for Sunrise Parkway, commented on crime and blight in the neighborhood, including blight on City property.
WILLIE HOLLAND, stated it not the responsibility of College of the Desert to put in a road for the City, and commented on neighborhood issues.
No further speakers coming forward, the public hearing was closed.
Councilmember Hutcheson requested staff address the proposed Sunrise Parkway, and the Planning Commission discussion regarding the proposed roadway.
Councilmember Mills stated he was surprised to see the proposed Sunrise Parkway in the Specific Plan, and questioned if it would be the main entrance to the campus and if signalization would be required, recommended the Sunrise Parkway end into the college, noted the bike path system should be incorporated into the easement, requested staff address the right-of-way near the San Rafael area on Exhibit 7.7 of the Specific Plan, potential for a link and circulation in the San Rafael and Radio Road/Rosa Parks area, stated the Specific Plan takes into account how the College can integrate into the area, and support the abandonment of the easement except for bikes and trails.
Councilmember Foat requested staff address the requirement of set-back and right-of-way on the industrial side San Rafael.
Councilmember Hutcheson stated he concurred with Councilmember Mills on his comments with respect to the proposed Sunrise Parkway, and commented on the positive impact of the College to the City.
Mayor Pougnet noted on the development of the College and the development of the plan, noted that College of the Desert is not a private college, and requested staff prepare a report, indicating the investment expenditures in the Desert Highland neighborhood for the last five years.
Motion to 1) Waive reading of the full text of the Ordinance and introduce by title only; and 2) Introduce for first reading Ordinance No. 1789, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE CHANGE OF ZONE, ADOPTING THE COLLEGE OF THE DESERT WEST VALLEY CAMPUS SPECIFIC PLAN ESTABLISHING NEW DEVELOPMENT STANDARDS AND GUIDELINES FOR THE PROPOSED TEN (10) INDIVIDUAL PLANNING AREAS LOCATED WEST OF INDIAN CANYON DRIVE, EAST OF HIGHWAY 111, NORTH OF SAN RAFAEL DRIVE AND SOUTH OF THE CHINO CREEK/WHITEWATER RIVER FLOOD CONTROL LEVEE," modifying the Specific Plan with the abandonment of the extension of Sunrise Parkway, providing for the trails and the related right-of-way, and the abandonment of the setback requirement. Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to 1) Waive reading of the full text of the Ordinance and introduce by title only; and 2) Introduce for first reading Ordinance No. 1789, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE CHANGE OF ZONE, ADOPTING THE COLLEGE OF THE DESERT WEST VALLEY CAMPUS SPECIFIC PLAN ESTABLISHING NEW DEVELOPMENT STANDARDS AND GUIDELINES FOR THE PROPOSED TEN (10) INDIVIDUAL PLANNING AREAS LOCATED WEST OF INDIAN CANYON DRIVE, EAST OF HIGHWAY 111, NORTH OF SAN RAFAEL DRIVE AND SOUTH OF THE CHINO CREEK/WHITEWATER RIVER FLOOD CONTROL LEVEE," modifying the Specific Plan with the abandonment of the extension of Sunrise Parkway, providing for the trails and the related right-of-way, and the abandonment of the setback requirement. (Approved)
1.B. COMMUNITY REDEVELOPMENT AGENCY AND CITY COUNCIL JOINT PUBLIC HEARING APPROVING AMENDMENT NO. 2 TO DISPOSITION AND DEVELOPMENT AGREEMENT NO. A0503C WITH ENDURE INVESTMENTS, LLC FOR REMEDIATION AND MONITORING THE SITE OF A 393,000 SQUARE FOOT RETAIL SHOPPING CENTER AT THE NORTHEAST CORNER OF RAMON ROAD AND GENE AUTRY TRAIL (HIGHWAY 111) MERGED REDEVELOPMENT PROJECT AREA NO. 1:
Staff Report Item 1.B.
John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated April 20, 2011.
Mayor Pougnet opened the public hearing, and no speakers coming forward the public hearing was closed.
Motion to (COMMUNITY REDEVELOPMENT AGENCY) 1) Adopt Resolution No. 1418, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO THE DISPOSITION AND DEVELOPMENT AGREEMENT NO. A0503C WITH ENDURE, LLC (FORMERLY GEIGER LLC) FOR THE DEVELOPMENT OF THE SPRINGS PROJECT;" 2) Authorize the Executive Director to execute a budget transfer of $140,000 from unallocated capital outlay funds to an account established for the purposes of executing this agreement; and (CITY COUNCIL) 3) Adopt Resolution No. 22907, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONCURRING WITH THE COMMUNITY REDEVELOPMENT AGENCY REGARDING THE APPROVAL OF AMENDMENT NO. 2 TO THE DISPOSITION AND DEVELOPMENT AGREEMENT NO. A0503C WITH ENDURE, LLC." A0503C. Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to (COMMUNITY REDEVELOPMENT AGENCY) 1) Adopt Resolution No. 1418, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO THE DISPOSITION AND DEVELOPMENT AGREEMENT NO. A0503C WITH ENDURE, LLC (FORMERLY GEIGER LLC) FOR THE DEVELOPMENT OF THE SPRINGS PROJECT;" 2) Authorize the Executive Director to execute a budget transfer of $140,000 from unallocated capital outlay funds to an account established for the purposes of executing this agreement; and (CITY COUNCIL) 3) Adopt Resolution No. 22907, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONCURRING WITH THE COMMUNITY REDEVELOPMENT AGENCY REGARDING THE APPROVAL OF AMENDMENT NO. 2 TO THE DISPOSITION AND DEVELOPMENT AGREEMENT NO. A0503C WITH ENDURE, LLC." A0503C. (Approved)
PUBLIC COMMENT:
PHYLLIS BURGESS, commented on the loss of Police K-9 Ike, commented on Item 2.I., and requested the City Council not support the Resolution as requested by the Human Rights Commission.
GEORGE W. ZANDER, Palm Springs, commented on Item 2.I., and requested the City Council support and adopt a Resolution supporting marriage equality.
REV. KEVIN A. JOHNSON, commented on Item 2.I., and requested the City Council support and adopt a Resolution supporting marriage equality.
PAUL ZAK, commented on Item 2.I., and requested the City Council support and adopt a Resolution supporting marriage equality.
GREG RODRIGUEZ, commented on Item 2.I., and requested the City Council support and adopt a Resolution supporting marriage equality.
TOM SWANN, announced the 10th anniversary of the Gay Veterans Memorial.
FRANK TYSEN, commented on the proposed Riverside Detention Center at Whitewater, and thanked the City Council for their support and partial funding of the economic study.
WILLIE HOLLAND, commented on marriage, and issues in the Highland Gateway neighborhood.
STEVE ROSENBERG, commented on tourist activity at the Palm Springs International Airport and the Coachella Fest Event.
COUNCILMEMBER COMMENTS:
Mayor Pougnet requested staff address issues at the Korakia and the disrespect for the neighborhood, and thanked all parties involved in stopping the proposed Riverside County Detention Center at Whitewater.
Councilmember Foat provided a report on the CVAG Homeless Committee meeting, the activities at Roy’s Resource Center serving Homeless in the Coachella Valley, commented on the conditions at the Palm Springs Animal Shelter and a recent lawsuit filed against the City regarding the condition of the Animal Shelter.
Mayor Pro Tem Weigel commented on the City of Indian Wells Campaign Help for Homelessness, and requested staff review the possibility of incorporating a similar program or participate in the Indian Wells campaign.
CITY MANAGER’S REPORT: None.
2. CONSENT CALENDAR:
Motion to Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., and 2.G. Moved by Councilmember Foat, seconded by Councilmember Hutcheson.
Vote to Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., and 2.G. (Approved)
2.A. REPORT ON THE POSTING OF THE AGENDA:
Staff Report Item 2.A.
2.B. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1787, PROVIDING FOR DISPLACEMENT PAYMENTS FOR RESIDENTIAL HOUSEHOLDS:
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 2011:
Staff Report Item 2.D.
2.E. ACCEPT THE RESIGNATION OF JAMIE KABLER FROM THE PUBLIC ARTS COMMISSION:
Staff Report Item 2.E.
2.F. ACCEPT THE RESIGNATION OF JEANNE MAZUR FROM THE PUBLIC ARTS COMMISSION:
Staff Report Item 2.F.
2.G. AMENDMENT NO. 5 TO AGREEMENT NO. A5672 WITH SWATT/MIERS ARCHITECTS TO PROVIDE ADDITIONAL DESIGN SERVICES AT THE ANIMAL CARE FACILITY:
Staff Report Item 2.G.
EXCLUDED CONSENT CALENDAR:
2.H. AGREEMENT WITH PYRANET LLC FOR THE BILLINGS AND RECONCILIATION OF ALARM PERMITS, RENEWALS, FALSE ALARMS, AND CONTINUANCE OF THE ALARM DIVERSION PROGRAM:
Staff Report Item 2.H.
Councilmember Hutcheson requested staff address the cost of the program.
Motion to approve 1) Approve an agreement with Pyranet, LLC, dba PalmSpringsAlarm.com and alarmschoolonline.com (PSA) to perform the billing and reconciliation of alarm permits, renewals, and false alarm billings and continue the On-Line Alarm Diversion Program for 36 months; 2) Authorize the City Manager to execute all necessary documents. A5409. Moved by Councilmember Mills, seconded by Councilmember Foat.
Vote to approve 1) Approve an agreement with Pyranet, LLC, dba PalmSpringsAlarm.com and alarmschoolonline.com (PSA) to perform the billing and reconciliation of alarm permits, renewals, and false alarm billings and continue the On-Line Alarm Diversion Program for 36 months; 2) Authorize the City Manager to execute all necessary documents. A5409. (Approved) (Recorded at 02:24:38)
2.I. HUMAN RIGHTS COMMISSION REQUEST PERTAINING TO CIVIL MARRIAGES:
Staff Report Item 2.I.
Councilmember Foat request staff bring forth a resolution for City Council consideration at the next City Council meeting, noted the civil rights implications, tax implications and legal rights afforded.
Councilmember Hutcheson stated his support for Councilmember Foat's statements, commented on rights afforded recognized married couples, and equal rights.
Mayor Pro Tem Weigel stated this is a polarizing issue, and the City Council should not take on such an issue that would polarize the community.
Mayor Pougnet noted his support for the statements made by Councilmember Foat and Councilmember Hutcheson, commented on same-sex marriage, and noted effects to children.
Motion to 1) Receive and file; and 2) Direct staff to bring forth a Resolution for City Council discussion and consideration at the May 4, 2011 meeting. Moved by Councilmember Foat, seconded by Councilmember Hutcheson.
Vote to 1) Receive and file; and 2) Direct staff to bring forth a Resolution for City Council discussion and consideration at the May 4, 2011 meeting. (Approved)
2.J. PROJECT SYSTEM SOFTWARE AND DATA SERVICES FOR THE BUILDING AND SAFETY DEPARTMENT AND DEVELOPMENT SERVICES:
Staff Report Item 2.J.
Councilmember Hutcheson noted the benefits of the new permitting system to the citizens and developers.
Motion to 1) Award a master software and services agreement for a new permitting software system, in a form acceptable to the City Attorney, to BUILDERadius Inc. of Asheville, NC in the amount of $88,500.00, including 5 years of maintenance; and 2) Authorize the City Manager to execute all necessary documents. A6090. Moved by Councilmember Foat, seconded by Councilmember Hutcheson.
Vote to 1) Award a master software and services agreement for a new permitting software system, in a form acceptable to the City Attorney, to BUILDERadius Inc. of Asheville, NC in the amount of $88,500.00, including 5 years of maintenance; and 2) Authorize the City Manager to execute all necessary documents. A6090. (Approved)
3. LEGISLATIVE:
3.A. CONSIDERATION OF DRAFT ORDINANCES PROHIBITING SMOKING NEAR PLAYGROUNDS AND IN THE ALTERNATIVE, PROHIBITING SMOKING IN CITY PARKS:
Staff Report Item 3.A.
City Attorney Holland provided background information as outlined in the staff report dated April 20, 2011.
Mayor Pro Tem Weigel requested the City Council introduce the Ordinance prohibiting smoking in parks.
Mayor Pougnet requested staff address the enforcement of the proposed ordinances.
Mayor Pro Tem Weigel noted other cities and counties that prohibit smoking in parks and public beaches.
Councilmember Mills commented on enforcement issues with the two prepared ordinances.
Councilmember Hutcheson thanked Mayor Pro Tem Weigel and commented on the impacts of smoking.
Councilmember Foat requested staff address the implementation of the program.
Mayor Pougnet requested staff address any other cities in the Coachella Valley and in Riverside County who have similar restrictions.
Motion to 1) Waive the reading of text in its entirety, read by title only, and re-introduce on first reading, Ordinance No. 1788, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 6.10.081 TO, AMENDING SECTION 6.10.020 OF, AND AMENDING SUBSECTION (a) OF SECTION 6.10.100 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PROHIBITION OF SMOKING IN PARKS." Moved by Mayor Pro Tem Weigel, seconded by Councilmember Hutcheson.
Vote to 1) Waive the reading of text in its entirety, read by title only, and re-introduce on first reading, Ordinance No. 1788, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 6.10.081 TO, AMENDING SECTION 6.10.020 OF, AND AMENDING SUBSECTION (a) OF SECTION 6.10.100 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PROHIBITION OF SMOKING IN PARKS." (Approved)
3.B. PROPOSED ORDINANCE ESTABLISHING ELECTION REGULATIONS INCREASING THE NUMBER OF SIGNATURES NEEDED TO QUALIFY TO RUN FOR ELECTIVE OFFICE AND ESTABLISHING A FILING FEE:
Staff Report Item 3.B.
City Clerk Thompson provided background information as outlined in the staff report dated April 20, 2011.
Councilmember Foat requested the proposed regulations include the proof of residency in the proposed ordinance, commented on the proposed fees and stated her support to recoup the cost to City for petition verification, and noted her flexibility on number of voters required.
Councilmember Mills requested staff address the cost of a candidate statement, stated his support for a candidate statement be mandatory for all candidates and included in the proposed ordinance, noted his flexibility in determining the number of signatures required, requested staff address the timing of the nomination period and perhaps allow for more time during the nomination process, commented on the number of signatures allowed on a paper and recommended the signatures be in the 120 to 180 range with 6 sections to a nomination petition.
Mayor Pro Tem Weigel stated 200 to 250 signatures is too many, stated his support for multiple circulators, stated the timing is too close to the current election cycle and stated his support for making regulations effective after the 2011 election.
Mayor Pougnet stated his support for the deferral of any regulations to the next election cycle.
Councilmember Hutcheson stated the City Council does need to take action and noted his support for making the regulations effective with the next election cycle, commented on the need to take a better discourse with respect to election regulations to encourage those who are committed to office and serving the community, noted his support for more signatures and lesser fees which could be a barrier.
Councilmember Foat noted that increasing the number of signatures would not be a barrier and renewed her support to be effective this election cycle, noted if the City Council was to defer the signature requirement to the next election cycle, she would prefer the proof of residency to become effective for this election cycle.
Motion to 1) Waive reading of the full text of the Ordinance and introduce by title only; 2) Introduce for first reading Ordinance No. 1790, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.02 TO, REPEALING SECTIONS 2.04.080 AND 2.04.100 OF THE PALM SPRINGS MUNICIPAL CODE, AND REPEALING UNCODIFIED ORDINANCE NO. 1562, RELATING TO THE CONDUCT OF MUNICIPAL ELECTIONS,"
amending Section 2.02.020(a) to provide for not less than 150 nor more than 210 voters, amending Section 2.02.030(a) to provide for 6 Sections with each Section of 35 signatures, and amending Section 5 of the Ordinance for an effective date of January 1, 2012
; and 3) Direct staff to bring forth legislation that provides for proof of residency effective the current election cycle. Moved by Councilmember Foat, seconded by Councilmember Mills.
Vote to 1) Waive reading of the full text of the Ordinance and introduce by title only; 2) Introduce for first reading Ordinance No. 1790, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.02 TO, REPEALING SECTIONS 2.04.080 AND 2.04.100 OF THE PALM SPRINGS MUNICIPAL CODE, AND REPEALING UNCODIFIED ORDINANCE NO. 1562, RELATING TO THE CONDUCT OF MUNICIPAL ELECTIONS,"
amending Section 2.02.020(a) to provide for not less than 150 nor more than 210 voters, amending Section 2.02.030(a) to provide for 6 Sections with each Section of 35 signatures, and amending Section 5 of the Ordinance for an effective date of January 1, 2012
; and 3) Direct staff to bring forth legislation that provides for proof of residency effective the current election cycle. (Approved)
4. UNFINISHED BUSINESS:
4.A. REDESIGN FOR THE RENOVATION AND EXPANSION OF THE WELWOOD MURRAY MEMORIAL LIBRARY, A CLASS 1 HISTORIC SITE, LOCATED AT 100 SOUTH PALM CANYON DRIVE:
Al Smoot, City Owners Representative, presented the redesign of the renovation and expansion plans for the Welwood Murray Memorial Library.
Councilmember Mills stated the project stays within the existing footprint, the redesign of the patio areas into a workable operation, the elevations, the remote toilets, and stated the City Council has accomplished what it set out to do.
Councilmember Hutcheson requested staff address the operating budget for the expanded space, questioned the proposed uses, and stated the programs do not justify the expenditure.
Mayor Pro Tem Weigel stated this will provide much needed meeting space in the Downtown area, and commented on other positive components of the program plan.
Councilmember Foat requested staff address the door to the restrooms, stated the City should move forward, but is in agreement the programming could be improved, and the interior should include pizzazz.
Councilmember Mills commented on the programming alternatives, and stated the programming should be operated by the Library.
Motion to approve 1) Direct staff to submit the redesigned project to the Planning Commission and the Architectural Advisory Committee; and 2) Direct staff to submit the redesigned project to the Historic Site Preservation Board for a Certificate of Approval. Moved by Councilmember Mills, seconded by Mayor Pro Tem Weigel.
Vote to approve 1) Direct staff to submit the redesigned project to the Planning Commission and the Architectural Advisory Committee; and 2) Direct staff to submit the redesigned project to the Historic Site Preservation Board for a Certificate of Approval. (Approved) (Recorded at 03:41:53)
4.B. MUSEUM MARKET PLAZA SPECIFIC PLAN UPDATE:
John Raymond, Director of Community and Economic Development, provided a verbal update on the Museum Market Plaza Specific Plan.
No action taken.
5. NEW BUSINESS:
5.A. PRESENTATION AND DISCUSSION OF THE DRAFT FISCAL YEAR 2011-12 GENERAL FUND BUDGET AND SUSTAINABILITY FUND BUDGET, AND FISCAL YEAR 2010-11 THIRD QUARTER UPDATE:
Item 5.A. Operating Budget
Item 5.A. Sustainability and Recycling Funds
Item 5.A. Fiscal Year 2010-11 Third Quarter Review
City Manager Ready and Geoffrey Kiehl, Finance Director, provided a review of the Fiscal Year 2010-11 Third Quarter Update and introduced the Fiscal Year 2011-12 General Fund, Sustainability Fund and Recycling Fund budgets.
ACTION:
Continue past the 10:00 p.m. tentative adjournment time.
Motion Councilmember Foat, seconded by Councilmember Hutcheson and unanimously carried.
Councilmember Hutcheson requested staff address budgeted expenditures for street improvements, general cost insurance, requested a breakdown of personnel costs, and requested the development of a special event in the fourth quarter.
Mayor Pro Tem Weigel requested staff address the general cost increases, and noted some of the structural changes made throughout the year.
Mayor Pougnet stated the City has not made enough structural changes, and stated employees need to start paying a portion of their retirement.
No action taken.
5.B. APPOINTMENT OF A CITY COUNCIL AD HOC SUBCOMMITTEE FOR THE 2011 GENERAL PLAN HOUSING ELEMENT UPDATE:
Motion to Appoint Councilmember Mills and Councilmember Hutcheson to an Ad Hoc City Council Subcommittee for the 2011 General Plan Housing Element Update. Moved by Councilmember Foat, seconded by Mayor Pro Tem Weigel.
Vote to Appoint Councilmember Mills and Councilmember Hutcheson to an Ad Hoc City Council Subcommittee for the 2011 General Plan Housing Element Update. (Approved)
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS: None.
ADJOURNMENT:
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