Video index
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
Roll Call: 4 members present, 2 members absent, 0 members excused.
PRESENTATIONS:
REPORT OF CLOSED SESSION:
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson stated the City Council should consider continuing Public Hearing Item 1.A. to February 15, 2012.
Motion to 1) Continue Public Hearing Item 1.A. to February 15, 2012 with no public testimony at this time; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. Moved by Mayor Pro Tem Foat, seconded by Councilmember Mills.
Vote to 1) Continue Public Hearing Item 1.A. to February 15, 2012 with no public testimony at this time; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. (Approved)
Mayor Pougnet requested Item 2.O. be removed from the Consent Calendar for separate discussion.
Councilmember Mills requested Items 2.J. and 2.L. be removed from the Consent Calendar for separate discussion.
Motion to approve Accept the Agenda as amended. Moved by Mayor Pro Tem Foat, seconded by Councilmember Mills.
Vote to approve Accept the Agenda as amended. (Approved) (Recorded at 00:30:32)
1. PUBLIC HEARINGS:
1.A. PROPOSED AMENDMENT TO AN EXISTING CLASS 1 HISTORIC DESIGNATION FOR PALM SPRINGS CITY HALL TO DENY THE HISTORIC SITE PRESERVATION BOARD'S REQUEST TO INCLUDE SITE PARKING AND LANDSCAPE AREAS, AND AMENDING THE DESIGNATION TO INCLUDE THE CONCRETE PLAZA, LOCATED AT 3200 EAST TAHQUITZ CANYON WAY, A CLASS 1 HISTORIC SITE (HSPB 33):
Staff Report Item 1.A.
ACTION
: Continued to February 15, 2012 under Approval of the Agenda.
1.B. RACQUET CLUB ROAD SEWER CONSTRUCTION REFUND AGREEMENT:
Staff Report Item 1.B.
Dave Barakian, City Engineer, provided background information as outlined in the staff report dated January 18, 2012.
Councilmember Foat requested staff address the assessment for the lots in Tuscany Heights, potential assessments to residential lots on the other side of Racquet Club, and questioned if the City applied for any grants to extend the lateral sewer lines.
Councilmember Mills questioned if all lots are exempt from mandating sewer, requested staff clarify the expected costs to qualify for an exemption, requested the proposed amounts if the City were to implement an assessment district, and the extension of the Racquet Club sewer.
Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.
WESLEY OLIPHANT, Palm Springs, Applicant, stated the staff report was complete, these types of reimbursement agreement are standard for utilities, noted the condition of the Developer, commented on the allocation method.
STEVE KULA, Palm Springs, stated the agreement should be revised to clearly indicate that the City and the Developer could collect payment, and are not required to pay any assessment until a homeowner wishes to connect to the sewer, requested the City confirm the hardships limits, a lien would not be recorded against any parties, and requested all parties be required to provide insurance for work done on site for the protection of other residents.
CONNIE QUICKLE, Palm Springs, expressed her concern on the individual titles of homeowners, and read proposed amendments to the agreement regarding the assessment.
BILL NICHOLSON, Palm Springs, questioned the amount of the assessment and the lack of assessments on other surrounding parties on Tuscany Heights Drive, and requested the City Council review the method of assessment.
JOE BUNTON, Palm Springs, commented on the terrain, noted the success of the existing septic systems, stated the proposed may affect the operations at the Wastewater Treatment Plant, and requested the City Council deny the proposed agreement.
THERESA OSMAN, Palm Springs, stated removing the boulders under the street will damage the homes and foundations, commented on the financial hardship and the method of apportionment, and requested the City Council vote no on the proposed agreement.
WILLIE HOLLAND, noted his objections to the City forcing people to do something they do not wish to do.
JOHN HUETTI, Palm Springs, commented on the letter sent to residents, requested the City Council table the item for 180-days.
DENISE HOETKERR, Palm Springs, stated the agreement is premature and should be delayed until other developments in the area are finalized.
GREG OLSON, Attorney for Applicant, stated the reason for the public hearing was for a condition as required by the City to develop the property and such condition included a City construction refund agreement, and commented on the exemptions and stated this is not a lien on the property.
WESLEY OLIPHANT, Applicant Rebuttal, stated the sewer is a benefit to the community and the agreement could be amended in the future if other developers come on-line.
No further speakers coming forward, the public hearing was closed.
Mayor Pro Tem Foat requested staff address the letter commenting on the septic systems, noted on the conditions as approved by the City Council, and requested staff address if the City could not record as a lien on the property.
Councilmember Mills commented on the process from prospective buyers and disclosure, and the document that is being recorded fully explains the circumstances, and such document is also circulated in the neighborhood, noted the fairest way to do the apportionment is option 2, and requested the City Attorney address benefits and cost sharing for surrounding properties and proposed developments.
Mayor Pougnet reiterated the clarifications as contained in the public letters and testimony, and for staff to clarify the cost for construction.
Councilmember Mills noted the advantage of having the sewer in the neighborhood, and noted the advantages of an assessment district.
Motion to 1) Continue the public hearing; and 2) Direct staff to review and make recommendations if the Tuscany Heights and Pinnacle developments should be incorporated. Moved by Mayor Pro Tem Foat, seconded by Councilmember Mills.
Vote to 1) Continue the public hearing; and 2) Direct staff to review and make recommendations if the Tuscany Heights and Pinnacle developments should be incorporated. (Approved)
PUBLIC COMMENT:
DAVID BARON, Palm Springs, commented on Item 2.J. and requested the City Council remove from consideration the extension of Tract Map 33162 at the request of the Applicant.
RICK PANTELE, announced the upcoming AIDS Assistance Program and the Palm Springs Animal Shelter fundraising event.
WILLIE HOLLAND, commented on an assessment on his property and Black History Month events.
JOHN TYMON, requested the City answer questions regarding the Bank of America building that is being demolished and the proposed development of the Desert Fashion Plaza.
COUNCILMEMBER COMMENTS:
Mayor Pougnet requested the City Clerk provide an update on the Measure "J" Oversight Commission applications and process, and commented on the redevelopment of Downtown Palm Springs.
CITY MANAGER’S REPORT:
2. CONSENT CALENDAR:
Motion to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.I., 2.K., 2.M., 2.N., 2.P., 2.Q., 2.R. and 2.S. Moved by Councilmember Mills, seconded by Mayor Pro Tem Foat.
Vote to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.I., 2.K., 2.M., 2.N., 2.P., 2.Q., 2.R. and 2.S. (Approved)
2.A. REPORT ON THE 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 AND PURCHASE ORDERS FOR THE MONTH OF DECEMBER 2011:
Staff Report Item 2.E.
2.E. SECOND READING AND ADOPTION OF ORDINANCE NO. 1803, APPROVING PLANNED DEVELOPMENT DISTRICT (PDD 357) IN LIEU OF A CHANGE OF ZONE FOR THE PARCEL LOCATED AT 1000 NORTH PALM CANYON DRIVE:
Staff Report Item 2.E.
2.F. TREASURER'S INVESTMENT REPORT AS OF NOVEMBER 30, 2011:
Staff Report Item 2.F.
2.G. AGREEMENT WITH CNS ENGINEERS, INC., FOR THE RAMON ROAD WIDENING FROM SAN LUIS REY DR. TO LANDAU BLVD. INCLUDING THE WHITEWATER RIVER BRIDGE WIDENING (CP 08-25):
Staff Report Item 2.G.
2.H. AGREEMENT WITH CNS ENGINEERS, INC., FOR THE VISTA CHINO LOW WATER CROSSING BRIDGE REPLACEMENT AT THE WHITEWATER RIVER (CP 10-10):
Staff Report Item 2.H.
2.I. ADOPTION OF MITIGATED NEGATIVE DECLARATION FOR THE SOUTH PALM CANYON DRIVE LOW WATER CROSSING BRIDGE REPLACEMENT AT ARENAS CANYON SOUTH (CP 06-18):
Staff Report Item 2.I.
2.K. TRACT MAP 28308 AND SUBDIVISION IMPROVEMENT AGREEMENT:
Staff Report Item 2.K.
2.M. INTERGOVERNMENTAL MEMORANDUM OF UNDERSTANDING WITH THE AGUA CALIENTE BAND OF CAHUILLA INDIANS FOR THE TAHQUITZ CANYON WAY MEDIAN LANDSCAPING (CP 08-20):
Staff Report Item 2.M.
2.N. AGREEMENT WITH SIERRA AVIATION GROUP FOR AIRPORT TERMINAL CARPET CLEANING SERVICES:
Staff Report Item 2.N.
2.P. ACCEPTANCE OF GIFT DEED FROM SUZANNE D. PARISH REAL ESTATE TRUST FOR 4.90 ACRES OF LAND TO BE PRESERVED AS OPEN SPACE:
Staff Report Item 2.P.
2.Q. JOINT ITEM CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY WITH RESPECT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 33130 REDEVELOPMENT AREA PROPERTY DISCLOSURES:
Staff Report Item 2.Q.
2.R. APPOINT COUNCILMEMBER PAUL LEWIN TO THE CITY COUNCIL SUBCOMMITTEE FOR SUSTAINABILITY:
2.S. AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS TO USE THE PALM SPRINGS POLICE DEPARTMENT'S FIREARM RANGE THROUGH JUNE 30, 2013:
Staff Report Item 2.S.
EXCLUDED CONSENT CALENDAR:
2.J.TIME EXTENSIONS OF SUBDIVISION IMPROVEMENT AGREEMENTS FOR VARIOUS PROJECTS:
Staff Report Item 2.J.
Councilmember Mills noted his business related abstention on Tract Map 33561 and Tract Map 33933 and requested 33162 be removed from the Resolution to extend the time.
Councilmember Foat requested staff clarify the request to remove the Pedregal Project Tract Map 33162.
Motion to Adopt Resolution No. 23077, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING TIME EXTENSIONS OF VARIOUS SUBDIVISION IMPROVEMENT AGREEMENTS,"
amending the Resolution by deleting the extension of Tract Map 33162 "Pedregal" A5516. Noting the abstention of Councilmember Mills on Tract Map 33561 and Tract Map 33933.
A4955, Tract Map 30050 "Alta", extended to February 3, 2013
A5100, Tract Map 31263, "The Towers", extended to February 3, 2013
A5105, Tract Map 32160 "Enclave", extended to February 18, 2013
A5131, Tract Map 30046 "Monte Sereno", extended to March 18, 2013
A5086, A5087, A5088, and A5089,
Tract Maps 32233-1, -2, -3 & -4 "Escena", extended to April 2, 2013
A5276, Tract Map 32675 "Alexander Country Club Estates",
extended to April 2, 2013
A5246, Tract Map 33561 "Palermo", extended to April 2, 2013
A5393, Tract Map 31848-1 "Avalon", extended to May 4, 2013
A5426, Tract Map 32732 "Oceo", extended to May 20, 2013
A5324, Tract Map 33933 "Murano", extended to May 24, 2013
A4814, Tract Map 28966 "Preserve Estates", extended to June 18, 2013
A5155, Tract Map 31514 "Luminaire", extended to June 18, 2013
A5439, Tract Map 31525 "Four Seasons III, extended to June 18, 2013
A5436, Tract Map 33161 "Vista San Jacinto", extended to August 9, 2013 Moved by Mayor Pro Tem Foat, seconded by Mayor Pougnet.
Vote to Adopt Resolution No. 23077, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING TIME EXTENSIONS OF VARIOUS SUBDIVISION IMPROVEMENT AGREEMENTS,"
amending the Resolution by deleting the extension of Tract Map 33162 "Pedregal" A5516. Noting the abstention of Councilmember Mills on Tract Map 33561 and Tract Map 33933.
A4955, Tract Map 30050 "Alta", extended to February 3, 2013
A5100, Tract Map 31263, "The Towers", extended to February 3, 2013
A5105, Tract Map 32160 "Enclave", extended to February 18, 2013
A5131, Tract Map 30046 "Monte Sereno", extended to March 18, 2013
A5086, A5087, A5088, and A5089,
Tract Maps 32233-1, -2, -3 & -4 "Escena", extended to April 2, 2013
A5276, Tract Map 32675 "Alexander Country Club Estates",
extended to April 2, 2013
A5246, Tract Map 33561 "Palermo", extended to April 2, 2013
A5393, Tract Map 31848-1 "Avalon", extended to May 4, 2013
A5426, Tract Map 32732 "Oceo", extended to May 20, 2013
A5324, Tract Map 33933 "Murano", extended to May 24, 2013
A4814, Tract Map 28966 "Preserve Estates", extended to June 18, 2013
A5155, Tract Map 31514 "Luminaire", extended to June 18, 2013
A5439, Tract Map 31525 "Four Seasons III, extended to June 18, 2013
A5436, Tract Map 33161 "Vista San Jacinto", extended to August 9, 2013 (Approved)
2.L. ENCROACHMENT LICENSE TO WINTEC ENERGY, LTD, FOR PRIVATE HIGH VOLTAGE UNDERGROUND ELECTRIC LINES IN 19TH AVENUE:
Staff Report Item 2.L.
Councilmember Mills clarified the name as Wintec Energy.
Motion to 1) Approve an Encroachment License with Wintec Energy, LTD, for operation and maintenance of private high voltage underground electric lines located in 19th Avenue; and 2) Authorize the City Manager to execute all necessary documents. A6193. Moved by Councilmember Mills, seconded by Mayor Pougnet.
Vote to 1) Approve an Encroachment License with Wintec Energy, LTD, for operation and maintenance of private high voltage underground electric lines located in 19th Avenue; and 2) Authorize the City Manager to execute all necessary documents. A6193. (Approved)
2.O. INTERGOVERNMENTAL MEMORANDUM OF UNDERSTANDING WITH THE AGUA CALIENTE BAND OF CAHUILLA INDIANS FOR THE MESQUITE AVENUE WIDENING, WEST OF BELARDO ROAD (CP 12-01):
Staff Report Item 2.O.
Mayor Pougnet requested staff address the vagueness of the parking around the trailhead.
Motion to approve 1) Approve an Intergovernmental Memorandum of Understanding with the Agua Caliente Band of Cahuilla Indians regarding Indian Reservation Roads Program Funding for the Mesquite Avenue Improvements Project; 2) Approve a Subcontractor Services Agreement with the Agua Caliente Band of Cahuilla Indians for the Mesquite Avenue Improvements Project; and 3) Authorize the City Manager to execute all necessary documents. A6197. A6198. Moved by Mayor Pougnet, seconded by Councilmember Mills.
Vote to approve 1) Approve an Intergovernmental Memorandum of Understanding with the Agua Caliente Band of Cahuilla Indians regarding Indian Reservation Roads Program Funding for the Mesquite Avenue Improvements Project; 2) Approve a Subcontractor Services Agreement with the Agua Caliente Band of Cahuilla Indians for the Mesquite Avenue Improvements Project; and 3) Authorize the City Manager to execute all necessary documents. A6197. A6198. (Approved) (Recorded at 02:14:43)
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS:
4.A. COMMUNITY REDEVELOPMENT AGENCY ITEM APPROVING AND TRANSMITTAL OF ENFORCEABLE OBLIGATIONS PAYMENT SCHEDULE (EOPS) AND APPROVING AND TRANSMITTAL OF DRAFT PRELIMINARY INITIAL RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (IROPS) PURSUANT TO SECTION 34169(G)(1) OF CALIFORNIA HEALTH & SAFETY CODE:
Staff Report Item 4.A.
John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated January 18, 2012.
Motion to Adopt Resolution No. 1429, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE APPROVAL AND TRANSMITTAL OF AN ENFORCEABLE OBLIGATIONS PAYMENT SCHEDULE (EOPS) AND APPROVAL AND TRANSMITTAL OF A DRAFT PRELIMINARY INITIAL RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (IROPS) PURSUANT TO AB1X 26,"
providing that staff may alter the format, but not the content, of the EOPS and IROPS schedules as necessary.
Moved by Mayor Pro Tem Foat, seconded by Councilmember Mills.
Vote to Adopt Resolution No. 1429, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE APPROVAL AND TRANSMITTAL OF AN ENFORCEABLE OBLIGATIONS PAYMENT SCHEDULE (EOPS) AND APPROVAL AND TRANSMITTAL OF A DRAFT PRELIMINARY INITIAL RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (IROPS) PURSUANT TO AB1X 26,"
providing that staff may alter the format, but not the content, of the EOPS and IROPS schedules as necessary.
(Approved)
4.B. JOINT ITEM CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY WITH RESPECT TO THE REPAYMENT OF COMMUNITY REDEVELOPMENT AGENCY LOANS:
Staff Report Item 4.B.
John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated January 18, 2012.
Motion to (CITY COUNCIL): 1) The City accept repayments of loans from the Merged Area No. 1 and Merged Area No. 2 Debt Service Funds in the amount of $1,505,000 and $100,000, respectively; and 2) The City accept the acceleration and repayments of loans made to the Agency from the Wastewater Treatment Plant Fund and the former Recycling Facility Fee Fund (now Sustainability Fund) in the amount of $413,500 and $1,095,759, plus interest, respectively. (COMMUNITY REDEVELOPMENT AGENCY) 1) The Community Redevelopment Agency approve repayment of loans to the City of Palm Springs by the Merged Area No. 1 and Merged Area No. 2 Debt Service Funds in the amount of $1,505,000 and $100,000, respectively; 2) Adopt Resolution No. 1430, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2011-2012, APPROPRIATING AN ADDITIONAL $38,215 IN FUND 851 FOR THE PURPOSE OF REPAYING THE ANNUAL ADMINISTRATION LOAN; 2) The Community Redevelopment Agency approve repayment of loans to the City of Palm Springs Wastewater Treatment Plant Fund and the former Recycling Facility Fee Fund (now Sustainability Fund) in the amount of $413,500 and $1,095,759, plus interest, respectively by the Merged Area No. 2 Debt Service Fund; and 3) Adopt Resolution No. 1431, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2011-2012, TRANSFERRING $1,021,794.46 IN UNENCUMBERED 2007 TAX ALLOCATION BOND PROCEEDS FROM MERGED AREA NO. 2 CAPITAL PROJECT FUND (FUND 812) TO MERGED AREA NO. 2 DEBT SERVICE FUND FOR THE PURPOSE OF REPAYING THE SUSTAINABILITY FUND LOAN." All amounts are for the repayment up to the amount stated as determined by cash flow. Moved by Mayor Pro Tem Foat, seconded by Councilmember Mills.
Vote to (CITY COUNCIL): 1) The City accept repayments of loans from the Merged Area No. 1 and Merged Area No. 2 Debt Service Funds in the amount of $1,505,000 and $100,000, respectively; and 2) The City accept the acceleration and repayments of loans made to the Agency from the Wastewater Treatment Plant Fund and the former Recycling Facility Fee Fund (now Sustainability Fund) in the amount of $413,500 and $1,095,759, plus interest, respectively. (COMMUNITY REDEVELOPMENT AGENCY) 1) The Community Redevelopment Agency approve repayment of loans to the City of Palm Springs by the Merged Area No. 1 and Merged Area No. 2 Debt Service Funds in the amount of $1,505,000 and $100,000, respectively; 2) Adopt Resolution No. 1430, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2011-2012, APPROPRIATING AN ADDITIONAL $38,215 IN FUND 851 FOR THE PURPOSE OF REPAYING THE ANNUAL ADMINISTRATION LOAN; 2) The Community Redevelopment Agency approve repayment of loans to the City of Palm Springs Wastewater Treatment Plant Fund and the former Recycling Facility Fee Fund (now Sustainability Fund) in the amount of $413,500 and $1,095,759, plus interest, respectively by the Merged Area No. 2 Debt Service Fund; and 3) Adopt Resolution No. 1431, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2011-2012, TRANSFERRING $1,021,794.46 IN UNENCUMBERED 2007 TAX ALLOCATION BOND PROCEEDS FROM MERGED AREA NO. 2 CAPITAL PROJECT FUND (FUND 812) TO MERGED AREA NO. 2 DEBT SERVICE FUND FOR THE PURPOSE OF REPAYING THE SUSTAINABILITY FUND LOAN." All amounts are for the repayment up to the amount stated as determined by cash flow. (Approved)
5. NEW BUSINESS: None.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Mayor Pougnet commented on the recent breakfast at Desert Regional attended by President Clinton, and the Fitness and Health Challenge between the City of Palm Springs and the City of Indio.
ADJOURNMENT:
Jan 18, 2012 City Council Meeting
Full agenda
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CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
Roll Call: 4 members present, 2 members absent, 0 members excused.
PRESENTATIONS:
REPORT OF CLOSED SESSION:
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson stated the City Council should consider continuing Public Hearing Item 1.A. to February 15, 2012.
Motion to 1) Continue Public Hearing Item 1.A. to February 15, 2012 with no public testimony at this time; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. Moved by Mayor Pro Tem Foat, seconded by Councilmember Mills.
Vote to 1) Continue Public Hearing Item 1.A. to February 15, 2012 with no public testimony at this time; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. (Approved)
Mayor Pougnet requested Item 2.O. be removed from the Consent Calendar for separate discussion.
Councilmember Mills requested Items 2.J. and 2.L. be removed from the Consent Calendar for separate discussion.
Motion to approve Accept the Agenda as amended. Moved by Mayor Pro Tem Foat, seconded by Councilmember Mills.
Vote to approve Accept the Agenda as amended. (Approved) (Recorded at 00:30:32)
1. PUBLIC HEARINGS:
1.A. PROPOSED AMENDMENT TO AN EXISTING CLASS 1 HISTORIC DESIGNATION FOR PALM SPRINGS CITY HALL TO DENY THE HISTORIC SITE PRESERVATION BOARD'S REQUEST TO INCLUDE SITE PARKING AND LANDSCAPE AREAS, AND AMENDING THE DESIGNATION TO INCLUDE THE CONCRETE PLAZA, LOCATED AT 3200 EAST TAHQUITZ CANYON WAY, A CLASS 1 HISTORIC SITE (HSPB 33):
Staff Report Item 1.A.
ACTION
: Continued to February 15, 2012 under Approval of the Agenda.
1.B. RACQUET CLUB ROAD SEWER CONSTRUCTION REFUND AGREEMENT:
Staff Report Item 1.B.
Dave Barakian, City Engineer, provided background information as outlined in the staff report dated January 18, 2012.
Councilmember Foat requested staff address the assessment for the lots in Tuscany Heights, potential assessments to residential lots on the other side of Racquet Club, and questioned if the City applied for any grants to extend the lateral sewer lines.
Councilmember Mills questioned if all lots are exempt from mandating sewer, requested staff clarify the expected costs to qualify for an exemption, requested the proposed amounts if the City were to implement an assessment district, and the extension of the Racquet Club sewer.
Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.
WESLEY OLIPHANT, Palm Springs, Applicant, stated the staff report was complete, these types of reimbursement agreement are standard for utilities, noted the condition of the Developer, commented on the allocation method.
STEVE KULA, Palm Springs, stated the agreement should be revised to clearly indicate that the City and the Developer could collect payment, and are not required to pay any assessment until a homeowner wishes to connect to the sewer, requested the City confirm the hardships limits, a lien would not be recorded against any parties, and requested all parties be required to provide insurance for work done on site for the protection of other residents.
CONNIE QUICKLE, Palm Springs, expressed her concern on the individual titles of homeowners, and read proposed amendments to the agreement regarding the assessment.
BILL NICHOLSON, Palm Springs, questioned the amount of the assessment and the lack of assessments on other surrounding parties on Tuscany Heights Drive, and requested the City Council review the method of assessment.
JOE BUNTON, Palm Springs, commented on the terrain, noted the success of the existing septic systems, stated the proposed may affect the operations at the Wastewater Treatment Plant, and requested the City Council deny the proposed agreement.
THERESA OSMAN, Palm Springs, stated removing the boulders under the street will damage the homes and foundations, commented on the financial hardship and the method of apportionment, and requested the City Council vote no on the proposed agreement.
WILLIE HOLLAND, noted his objections to the City forcing people to do something they do not wish to do.
JOHN HUETTI, Palm Springs, commented on the letter sent to residents, requested the City Council table the item for 180-days.
DENISE HOETKERR, Palm Springs, stated the agreement is premature and should be delayed until other developments in the area are finalized.
GREG OLSON, Attorney for Applicant, stated the reason for the public hearing was for a condition as required by the City to develop the property and such condition included a City construction refund agreement, and commented on the exemptions and stated this is not a lien on the property.
WESLEY OLIPHANT, Applicant Rebuttal, stated the sewer is a benefit to the community and the agreement could be amended in the future if other developers come on-line.
No further speakers coming forward, the public hearing was closed.
Mayor Pro Tem Foat requested staff address the letter commenting on the septic systems, noted on the conditions as approved by the City Council, and requested staff address if the City could not record as a lien on the property.
Councilmember Mills commented on the process from prospective buyers and disclosure, and the document that is being recorded fully explains the circumstances, and such document is also circulated in the neighborhood, noted the fairest way to do the apportionment is option 2, and requested the City Attorney address benefits and cost sharing for surrounding properties and proposed developments.
Mayor Pougnet reiterated the clarifications as contained in the public letters and testimony, and for staff to clarify the cost for construction.
Councilmember Mills noted the advantage of having the sewer in the neighborhood, and noted the advantages of an assessment district.
Motion to 1) Continue the public hearing; and 2) Direct staff to review and make recommendations if the Tuscany Heights and Pinnacle developments should be incorporated. Moved by Mayor Pro Tem Foat, seconded by Councilmember Mills.
Vote to 1) Continue the public hearing; and 2) Direct staff to review and make recommendations if the Tuscany Heights and Pinnacle developments should be incorporated. (Approved)
PUBLIC COMMENT:
DAVID BARON, Palm Springs, commented on Item 2.J. and requested the City Council remove from consideration the extension of Tract Map 33162 at the request of the Applicant.
RICK PANTELE, announced the upcoming AIDS Assistance Program and the Palm Springs Animal Shelter fundraising event.
WILLIE HOLLAND, commented on an assessment on his property and Black History Month events.
JOHN TYMON, requested the City answer questions regarding the Bank of America building that is being demolished and the proposed development of the Desert Fashion Plaza.
COUNCILMEMBER COMMENTS:
Mayor Pougnet requested the City Clerk provide an update on the Measure "J" Oversight Commission applications and process, and commented on the redevelopment of Downtown Palm Springs.
CITY MANAGER’S REPORT:
2. CONSENT CALENDAR:
Motion to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.I., 2.K., 2.M., 2.N., 2.P., 2.Q., 2.R. and 2.S. Moved by Councilmember Mills, seconded by Mayor Pro Tem Foat.
Vote to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.I., 2.K., 2.M., 2.N., 2.P., 2.Q., 2.R. and 2.S. (Approved)
2.A. REPORT ON THE 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 AND PURCHASE ORDERS FOR THE MONTH OF DECEMBER 2011:
Staff Report Item 2.E.
2.E. SECOND READING AND ADOPTION OF ORDINANCE NO. 1803, APPROVING PLANNED DEVELOPMENT DISTRICT (PDD 357) IN LIEU OF A CHANGE OF ZONE FOR THE PARCEL LOCATED AT 1000 NORTH PALM CANYON DRIVE:
Staff Report Item 2.E.
2.F. TREASURER'S INVESTMENT REPORT AS OF NOVEMBER 30, 2011:
Staff Report Item 2.F.
2.G. AGREEMENT WITH CNS ENGINEERS, INC., FOR THE RAMON ROAD WIDENING FROM SAN LUIS REY DR. TO LANDAU BLVD. INCLUDING THE WHITEWATER RIVER BRIDGE WIDENING (CP 08-25):
Staff Report Item 2.G.
2.H. AGREEMENT WITH CNS ENGINEERS, INC., FOR THE VISTA CHINO LOW WATER CROSSING BRIDGE REPLACEMENT AT THE WHITEWATER RIVER (CP 10-10):
Staff Report Item 2.H.
2.I. ADOPTION OF MITIGATED NEGATIVE DECLARATION FOR THE SOUTH PALM CANYON DRIVE LOW WATER CROSSING BRIDGE REPLACEMENT AT ARENAS CANYON SOUTH (CP 06-18):
Staff Report Item 2.I.
2.K. TRACT MAP 28308 AND SUBDIVISION IMPROVEMENT AGREEMENT:
Staff Report Item 2.K.
2.M. INTERGOVERNMENTAL MEMORANDUM OF UNDERSTANDING WITH THE AGUA CALIENTE BAND OF CAHUILLA INDIANS FOR THE TAHQUITZ CANYON WAY MEDIAN LANDSCAPING (CP 08-20):
Staff Report Item 2.M.
2.N. AGREEMENT WITH SIERRA AVIATION GROUP FOR AIRPORT TERMINAL CARPET CLEANING SERVICES:
Staff Report Item 2.N.
2.P. ACCEPTANCE OF GIFT DEED FROM SUZANNE D. PARISH REAL ESTATE TRUST FOR 4.90 ACRES OF LAND TO BE PRESERVED AS OPEN SPACE:
Staff Report Item 2.P.
2.Q. JOINT ITEM CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY WITH RESPECT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 33130 REDEVELOPMENT AREA PROPERTY DISCLOSURES:
Staff Report Item 2.Q.
2.R. APPOINT COUNCILMEMBER PAUL LEWIN TO THE CITY COUNCIL SUBCOMMITTEE FOR SUSTAINABILITY:
2.S. AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS TO USE THE PALM SPRINGS POLICE DEPARTMENT'S FIREARM RANGE THROUGH JUNE 30, 2013:
Staff Report Item 2.S.
EXCLUDED CONSENT CALENDAR:
2.J.TIME EXTENSIONS OF SUBDIVISION IMPROVEMENT AGREEMENTS FOR VARIOUS PROJECTS:
Staff Report Item 2.J.
Councilmember Mills noted his business related abstention on Tract Map 33561 and Tract Map 33933 and requested 33162 be removed from the Resolution to extend the time.
Councilmember Foat requested staff clarify the request to remove the Pedregal Project Tract Map 33162.
Motion to Adopt Resolution No. 23077, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING TIME EXTENSIONS OF VARIOUS SUBDIVISION IMPROVEMENT AGREEMENTS,"
amending the Resolution by deleting the extension of Tract Map 33162 "Pedregal" A5516. Noting the abstention of Councilmember Mills on Tract Map 33561 and Tract Map 33933.
A4955, Tract Map 30050 "Alta", extended to February 3, 2013
A5100, Tract Map 31263, "The Towers", extended to February 3, 2013
A5105, Tract Map 32160 "Enclave", extended to February 18, 2013
A5131, Tract Map 30046 "Monte Sereno", extended to March 18, 2013
A5086, A5087, A5088, and A5089,
Tract Maps 32233-1, -2, -3 & -4 "Escena", extended to April 2, 2013
A5276, Tract Map 32675 "Alexander Country Club Estates",
extended to April 2, 2013
A5246, Tract Map 33561 "Palermo", extended to April 2, 2013
A5393, Tract Map 31848-1 "Avalon", extended to May 4, 2013
A5426, Tract Map 32732 "Oceo", extended to May 20, 2013
A5324, Tract Map 33933 "Murano", extended to May 24, 2013
A4814, Tract Map 28966 "Preserve Estates", extended to June 18, 2013
A5155, Tract Map 31514 "Luminaire", extended to June 18, 2013
A5439, Tract Map 31525 "Four Seasons III, extended to June 18, 2013
A5436, Tract Map 33161 "Vista San Jacinto", extended to August 9, 2013 Moved by Mayor Pro Tem Foat, seconded by Mayor Pougnet.
Vote to Adopt Resolution No. 23077, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING TIME EXTENSIONS OF VARIOUS SUBDIVISION IMPROVEMENT AGREEMENTS,"
amending the Resolution by deleting the extension of Tract Map 33162 "Pedregal" A5516. Noting the abstention of Councilmember Mills on Tract Map 33561 and Tract Map 33933.
A4955, Tract Map 30050 "Alta", extended to February 3, 2013
A5100, Tract Map 31263, "The Towers", extended to February 3, 2013
A5105, Tract Map 32160 "Enclave", extended to February 18, 2013
A5131, Tract Map 30046 "Monte Sereno", extended to March 18, 2013
A5086, A5087, A5088, and A5089,
Tract Maps 32233-1, -2, -3 & -4 "Escena", extended to April 2, 2013
A5276, Tract Map 32675 "Alexander Country Club Estates",
extended to April 2, 2013
A5246, Tract Map 33561 "Palermo", extended to April 2, 2013
A5393, Tract Map 31848-1 "Avalon", extended to May 4, 2013
A5426, Tract Map 32732 "Oceo", extended to May 20, 2013
A5324, Tract Map 33933 "Murano", extended to May 24, 2013
A4814, Tract Map 28966 "Preserve Estates", extended to June 18, 2013
A5155, Tract Map 31514 "Luminaire", extended to June 18, 2013
A5439, Tract Map 31525 "Four Seasons III, extended to June 18, 2013
A5436, Tract Map 33161 "Vista San Jacinto", extended to August 9, 2013 (Approved)
2.L. ENCROACHMENT LICENSE TO WINTEC ENERGY, LTD, FOR PRIVATE HIGH VOLTAGE UNDERGROUND ELECTRIC LINES IN 19TH AVENUE:
Staff Report Item 2.L.
Councilmember Mills clarified the name as Wintec Energy.
Motion to 1) Approve an Encroachment License with Wintec Energy, LTD, for operation and maintenance of private high voltage underground electric lines located in 19th Avenue; and 2) Authorize the City Manager to execute all necessary documents. A6193. Moved by Councilmember Mills, seconded by Mayor Pougnet.
Vote to 1) Approve an Encroachment License with Wintec Energy, LTD, for operation and maintenance of private high voltage underground electric lines located in 19th Avenue; and 2) Authorize the City Manager to execute all necessary documents. A6193. (Approved)
2.O. INTERGOVERNMENTAL MEMORANDUM OF UNDERSTANDING WITH THE AGUA CALIENTE BAND OF CAHUILLA INDIANS FOR THE MESQUITE AVENUE WIDENING, WEST OF BELARDO ROAD (CP 12-01):
Staff Report Item 2.O.
Mayor Pougnet requested staff address the vagueness of the parking around the trailhead.
Motion to approve 1) Approve an Intergovernmental Memorandum of Understanding with the Agua Caliente Band of Cahuilla Indians regarding Indian Reservation Roads Program Funding for the Mesquite Avenue Improvements Project; 2) Approve a Subcontractor Services Agreement with the Agua Caliente Band of Cahuilla Indians for the Mesquite Avenue Improvements Project; and 3) Authorize the City Manager to execute all necessary documents. A6197. A6198. Moved by Mayor Pougnet, seconded by Councilmember Mills.
Vote to approve 1) Approve an Intergovernmental Memorandum of Understanding with the Agua Caliente Band of Cahuilla Indians regarding Indian Reservation Roads Program Funding for the Mesquite Avenue Improvements Project; 2) Approve a Subcontractor Services Agreement with the Agua Caliente Band of Cahuilla Indians for the Mesquite Avenue Improvements Project; and 3) Authorize the City Manager to execute all necessary documents. A6197. A6198. (Approved) (Recorded at 02:14:43)
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS:
4.A. COMMUNITY REDEVELOPMENT AGENCY ITEM APPROVING AND TRANSMITTAL OF ENFORCEABLE OBLIGATIONS PAYMENT SCHEDULE (EOPS) AND APPROVING AND TRANSMITTAL OF DRAFT PRELIMINARY INITIAL RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (IROPS) PURSUANT TO SECTION 34169(G)(1) OF CALIFORNIA HEALTH & SAFETY CODE:
Staff Report Item 4.A.
John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated January 18, 2012.
Motion to Adopt Resolution No. 1429, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE APPROVAL AND TRANSMITTAL OF AN ENFORCEABLE OBLIGATIONS PAYMENT SCHEDULE (EOPS) AND APPROVAL AND TRANSMITTAL OF A DRAFT PRELIMINARY INITIAL RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (IROPS) PURSUANT TO AB1X 26,"
providing that staff may alter the format, but not the content, of the EOPS and IROPS schedules as necessary.
Moved by Mayor Pro Tem Foat, seconded by Councilmember Mills.
Vote to Adopt Resolution No. 1429, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE APPROVAL AND TRANSMITTAL OF AN ENFORCEABLE OBLIGATIONS PAYMENT SCHEDULE (EOPS) AND APPROVAL AND TRANSMITTAL OF A DRAFT PRELIMINARY INITIAL RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (IROPS) PURSUANT TO AB1X 26,"
providing that staff may alter the format, but not the content, of the EOPS and IROPS schedules as necessary.
(Approved)
4.B. JOINT ITEM CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY WITH RESPECT TO THE REPAYMENT OF COMMUNITY REDEVELOPMENT AGENCY LOANS:
Staff Report Item 4.B.
John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated January 18, 2012.
Motion to (CITY COUNCIL): 1) The City accept repayments of loans from the Merged Area No. 1 and Merged Area No. 2 Debt Service Funds in the amount of $1,505,000 and $100,000, respectively; and 2) The City accept the acceleration and repayments of loans made to the Agency from the Wastewater Treatment Plant Fund and the former Recycling Facility Fee Fund (now Sustainability Fund) in the amount of $413,500 and $1,095,759, plus interest, respectively. (COMMUNITY REDEVELOPMENT AGENCY) 1) The Community Redevelopment Agency approve repayment of loans to the City of Palm Springs by the Merged Area No. 1 and Merged Area No. 2 Debt Service Funds in the amount of $1,505,000 and $100,000, respectively; 2) Adopt Resolution No. 1430, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2011-2012, APPROPRIATING AN ADDITIONAL $38,215 IN FUND 851 FOR THE PURPOSE OF REPAYING THE ANNUAL ADMINISTRATION LOAN; 2) The Community Redevelopment Agency approve repayment of loans to the City of Palm Springs Wastewater Treatment Plant Fund and the former Recycling Facility Fee Fund (now Sustainability Fund) in the amount of $413,500 and $1,095,759, plus interest, respectively by the Merged Area No. 2 Debt Service Fund; and 3) Adopt Resolution No. 1431, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2011-2012, TRANSFERRING $1,021,794.46 IN UNENCUMBERED 2007 TAX ALLOCATION BOND PROCEEDS FROM MERGED AREA NO. 2 CAPITAL PROJECT FUND (FUND 812) TO MERGED AREA NO. 2 DEBT SERVICE FUND FOR THE PURPOSE OF REPAYING THE SUSTAINABILITY FUND LOAN." All amounts are for the repayment up to the amount stated as determined by cash flow. Moved by Mayor Pro Tem Foat, seconded by Councilmember Mills.
Vote to (CITY COUNCIL): 1) The City accept repayments of loans from the Merged Area No. 1 and Merged Area No. 2 Debt Service Funds in the amount of $1,505,000 and $100,000, respectively; and 2) The City accept the acceleration and repayments of loans made to the Agency from the Wastewater Treatment Plant Fund and the former Recycling Facility Fee Fund (now Sustainability Fund) in the amount of $413,500 and $1,095,759, plus interest, respectively. (COMMUNITY REDEVELOPMENT AGENCY) 1) The Community Redevelopment Agency approve repayment of loans to the City of Palm Springs by the Merged Area No. 1 and Merged Area No. 2 Debt Service Funds in the amount of $1,505,000 and $100,000, respectively; 2) Adopt Resolution No. 1430, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2011-2012, APPROPRIATING AN ADDITIONAL $38,215 IN FUND 851 FOR THE PURPOSE OF REPAYING THE ANNUAL ADMINISTRATION LOAN; 2) The Community Redevelopment Agency approve repayment of loans to the City of Palm Springs Wastewater Treatment Plant Fund and the former Recycling Facility Fee Fund (now Sustainability Fund) in the amount of $413,500 and $1,095,759, plus interest, respectively by the Merged Area No. 2 Debt Service Fund; and 3) Adopt Resolution No. 1431, "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2011-2012, TRANSFERRING $1,021,794.46 IN UNENCUMBERED 2007 TAX ALLOCATION BOND PROCEEDS FROM MERGED AREA NO. 2 CAPITAL PROJECT FUND (FUND 812) TO MERGED AREA NO. 2 DEBT SERVICE FUND FOR THE PURPOSE OF REPAYING THE SUSTAINABILITY FUND LOAN." All amounts are for the repayment up to the amount stated as determined by cash flow. (Approved)
5. NEW BUSINESS: None.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Mayor Pougnet commented on the recent breakfast at Desert Regional attended by President Clinton, and the Fitness and Health Challenge between the City of Palm Springs and the City of Indio.
ADJOURNMENT:
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