Video index
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
Roll Call: 5 members present, 1 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. Mayor Pougnet requested Item 2.M. be removed from the Consent Calendar for separate discussion.
Motion to approve Accept the Agenda as amended. Moved by Councilmember Hutcheson, seconded by Councilmember Foat.
Vote to approve Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
PUBLIC COMMENT:
RICK PURNELL, Palm Springs, commented on noise mitigation at the Palm Springs International Airport.
JOANNE HERDT, Palm Springs, commented on noise mitigation at the Palm Springs International Airport.
BILL COOK, commented on noise mitigation at the Palm Springs International Airport.
SCOTT CONNELLY, commented on noise mitigation at the Palm Springs International Airport.
VIC GAINER, Palm Springs, commented on Measure "J" on the November 8, 2011 election, and commented on noise mitigation at the Palm Springs International Airport.
ROBERT CARLSON, commented on noise mitigation at the Palm Springs International Airport.
JOHN MEJIA, USMC St. Sgt., commented on noise mitigation at the Palm Springs International Airport.
JEFF CROSS, Palm Springs, commented on Item 5.A., and requested the City Council approve a modification to the approved sign district at the Springs Shopping Center.
JACK TOTH, Ross Stores, commented on Item 5.A., and requested the City Council approve a modification to the approved sign district at the Springs Shopping Center.
JACK KURCHIAN, Endure Investments, LLC, commented on Item 5.A., and requested the City Council approve a modification to the approved sign district at the Springs Shopping Center.
RICHWOOD BORJA, Albany, commented on Item 5.A., and requested the City Council approve a modification to the approved sign district at the Springs Shopping Center.
FRANK TYSEN, commented on Item 2.E. regarding a zoning designation and Item 2.J. approval of the deletion of a median island by Nexus Development.
JOY MEREDITH, Palm Springs, commented on Item 5.C., and requested the City Council consider the rule change to allow merchants to participate in VillageFest.
ROBERT JOHNSTON, Palm Springs, commented on noise mitigation at the Palm Springs International Airport.
T.M. FIEGENSCHUIH, commented on noise mitigation at the Palm Springs International Airport.
CHERYL HOUK, commented on noise mitigation at the Palm Springs International Airport.
JANET FRENCH, Palm Springs, commented on noise mitigation at the Palm Springs International Airport.
RENO FONTANA, Palm Springs, commented on noise mitigation at the Palm Springs International Airport.
COUNCILMEMBER COMMENTS:
CITY MANAGER’S REPORT:
2. CONSENT CALENDAR:
Councilmember Foat requested Item 2.J. be removed from the Consent Calendar for separate discussion.
Motion to Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.I., 2.K., 2.L., 2.O., 2.P. and 2.Q. Moved by Councilmember Hutcheson, seconded by Councilmember Foat.
Vote to Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.I., 2.K., 2.L., 2.O., 2.P. and 2.Q. (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 OCTOBER 2011:
Staff Report Item 2.D.
2.E. SECOND READING AND ADOPTION OF ORDINANCE NO. 1800, AMENDING THE ZONING MAP TO CHANGE THE ZONING DESIGNATION OF AN APPROXIMATELY 30-ACRE PARCEL LOCATED NORTH OF 19TH AVENUE AND EAST OF HALLECK AVENUE:
Staff Report Item 2.E.
2.F. CHANGE ORDER NO. 1 TO AGREEMENT NO. A6142 WITH G&M CONSTRUCTION FOR TRACT NO. 13257 SEWER IMPROVEMENTS IN THE AMOUNT OF $69,015.15 (CP 10-02):
Staff Report Item 2.F.
2.G. ACCEPT THE RESIGNATION OF DELANEY TOUPS FROM THE SUSTAINABILITY COMMISSION:
Staff Report Item 2.G.
2.H. APPOINTMENT TO THE MOUNT SAN JACINTO WINTER PARK AUTHORITY (PALM SPRINGS TRAMWAY BOARD):
Staff Report Item 2.H.
2.I. TREASURER'S INVESTMENT REPORT AS OF AUGUST 31, 2011:
Staff Report Item 2.I.
2.K. DEMUTH COMMUNITY CENTER GARDEN (CP 11-03):
Staff Report Item 2.K.
2.L. AWARD OF CONTRACT FOR THE 2010-11 TRAFFIC SIGNAL IMPROVEMENTS (CP 10-07):
Staff Report Item 2.L.
2.O. MILLS ACT HISTORIC SITE AGREEMENT WITH TOM O'CONNELL FOR THE FRANK SINATRA TWIN PALMS ESTATE LOCATED AT 1145 VIA COLUSA (HSPB 77):
Staff Report Item 2.O.
2.P. AIR SERVICE INCENTIVE PROGRAM FUNDING IN THE AMOUNT OF UP TO $100,000 TO ALASKA AIRLINES FOR SAN JOSE NONSTOP SERVICE:
Staff Report Item 2.P.
2.Q. AMENDMENT NO. 1 TO THE FISCAL YEAR 2011-12 ALLOCATED POSITIONS AND COMPENSATION PLAN:
Staff Report Item 2.Q.
EXCLUDED CONSENT CALENDAR:
2.J. NEXUS DEVELOPMENT (O & M LLC) REQUEST TO MODIFY FINAL TRACT MAP 34165 DELETING CONDITIONS 7A, 7B, AND 7C RELATING TO THE INSTALLATION OF A LANDSCAPE TRAFFIC MEDIAN ON AVENIDA CABALLEROS (TM 34165):
Staff Report Item 2.J.
Councilmember Foat provided information on the City Council's decision to eliminate the median requirement at the public hearing.
Motion to approve Adopt Resolution No. 23044, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A REQUEST TO MODIFY FINAL TRACT MAP 34165 BY DELETING CONDITIONS OF APPROVAL NOS. 7A, 7B, AND 7C RELATING TO THE INSTALLATION OF A LANDSCAPE TRAFFIC MEDIAN ON AVENIDA CABALLEROS." Moved by Councilmember Foat, seconded by Mayor Pougnet.
Vote to approve Adopt Resolution No. 23044, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A REQUEST TO MODIFY FINAL TRACT MAP 34165 BY DELETING CONDITIONS OF APPROVAL NOS. 7A, 7B, AND 7C RELATING TO THE INSTALLATION OF A LANDSCAPE TRAFFIC MEDIAN ON AVENIDA CABALLEROS." (Approved)
2.M. REIMBURSEMENT AGREEMENT WITH THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) FOR THE VISTA CHINO LOW WATER CROSSING BRIDGE REPLACEMENT AT THE WHITEWATER RIVER (CP 10-10):
Staff Report Item 2.M.
Mayor Pougnet commented on the grants received by the City, thanked the Engineering Department, and requested the City Engineer address the overall scope of the project.
Motion to approve 1) Approve a reimbursement agreement with CVAG for the Vista Chino Low Water Crossing Bridge Replacement at the Whitewater River (CP 10-10); and 2) Authorize the City Manager to execute all necessary documents. A6174. Moved by Mayor Pougnet, seconded by Mayor Pro Tem Weigel.
Vote to approve 1) Approve a reimbursement agreement with CVAG for the Vista Chino Low Water Crossing Bridge Replacement at the Whitewater River (CP 10-10); and 2) Authorize the City Manager to execute all necessary documents. A6174. (Approved) (Recorded at 01:12:31)
2.N. AUTHORIZE ADDITIONAL MISCELLANEOUS FISCAL YEAR 2011-12 MAINTENANCE EXPENDITURES FOR THE CHILLED WATER SYSTEM FOR ALL FACILITIES SUPPLIED BY AND INCLUDING THE CO-GENERATION PLANTS:
Staff Report Item 2.N.
Councilmember Hutcheson requested staff address the future use of the second co-generation plant as recommended in the Chevron Study.
Motion to approve Authorize issuance of additional funds to the Nalco blanket Purchase Order No. 12-0043 for the as-needed purchase of chemicals to treat and replenish the chilled water system in an amount not-to-exceed $75,000. Moved by Councilmember Hutcheson, seconded by Mayor Pro Tem Weigel.
Vote to approve Authorize issuance of additional funds to the Nalco blanket Purchase Order No. 12-0043 for the as-needed purchase of chemicals to treat and replenish the chilled water system in an amount not-to-exceed $75,000. (Approved)
3. LEGISLATIVE:
3.A. SECOND READING AND ADOPTION OF ORDINANCE NO. 1801, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF PALM SPRINGS:
Staff Report Item 3.A.
City Clerk Thompson provided background information as outlined in the staff report dated November 16, 2011.
Motion to approve Waive further reading and adopt Ordinance No. 1801, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF PALM SPRINGS." Moved by Councilmember Foat, seconded by Councilmember Hutcheson.
Vote to approve Waive further reading and adopt Ordinance No. 1801, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF PALM SPRINGS." (Approved) (Recorded at 01:14:39)
4. UNFINISHED BUSINESS:
5. NEW BUSINESS:
5.A. REQUEST FROM THE CHARLES COMPANY TO AMEND THE PREVIOUSLY APPROVED SIGN DISTRICT FOR "THE SPRINGS" SHOPPING CENTER LOCATED AT 5200 EAST RAMON ROAD (CASE 5.0984 PD-291-A AND SP 11-005):
Staff Report Item 5.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated November 16, 2011.
Councilmember Hutcheson requested staff address the use of neon, comments received by other tenants, stated the City should show as much flexibility as possible, stated the sign should be allowed to be as large as Bed, Bath and Beyond, and expressed concern with the AAC decision to disallow the sign for the use of neon.
Councilmember Foat requested staff address the size of the lease space as correlated with the size of the sign, the blade signage, stated the request appears to be an excessive amount of signage in relation to other establishments in the Center, and stated she does not take issue with an oversize sign equal to Bed, Bath and Beyond, stated her support for the requested temporary signage and suggested the City Council reduce the size of the main sign, allow the temporary signs, and allow one blade sign, but delete the two oval signs.
Mayor Pro Tem Weigel stated his support for Councilmember Foat’s comments and approval of the main sign slightly smaller than as proposed, but stated he is not opposed to the two oval signs.
Mayor Pougnet requested staff address a process to move forward to allow signage.
Motion to 1) Find the amendments to the Sign District at The Springs Shopping Center are consistent with previous Sign District approval and amendment and Section 93.20.5.C.8 of the Palm Springs Zoning Code; and 2) Approve an amendment to the approved Sign District at The Springs Shopping Center, located at 5200 East Ramon Road, approving the Ross Dress for Less main sign not to exceed 325 square feet, approve temporary signs for a period of 60-days, allow the blade sign below the overhang of approximately 7.2 square feet in size, and delete the two "Ross" oval logo signs. Moved by Councilmember Foat, seconded by Councilmember Hutcheson.
Vote to 1) Find the amendments to the Sign District at The Springs Shopping Center are consistent with previous Sign District approval and amendment and Section 93.20.5.C.8 of the Palm Springs Zoning Code; and 2) Approve an amendment to the approved Sign District at The Springs Shopping Center, located at 5200 East Ramon Road, approving the Ross Dress for Less main sign not to exceed 325 square feet, approve temporary signs for a period of 60-days, allow the blade sign below the overhang of approximately 7.2 square feet in size, and delete the two "Ross" oval logo signs. (Approved)
Vote to approve Adopt Resolution No. 23047, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING AMENDMENTS TO A PREVIOUSLY APPROVED SIGN DISTRICT FOR THE ROSS DRESS FOR LESS RETAIL TENANT LOCATED AT 5200 EAST RAMON ROAD." (Approved) (Recorded at 01:30:23)
Motion to approve Adopt Resolution No. 23047, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING AMENDMENTS TO A PREVIOUSLY APPROVED SIGN DISTRICT FOR THE ROSS DRESS FOR LESS RETAIL TENANT LOCATED AT 5200 EAST RAMON ROAD." Moved by Councilmember Foat, seconded by Councilmember Hutcheson.
5.B. REPORT ON NOISE MITIGATION AT THE PALM SPRINGS INTERNATIONAL AIRPORT AND APPOINTMENT OF AN AD-HOC CITY COUNCIL SUBCOMMITTEE TO STUDY AIRPORT NOISE MITIGATION:
Staff Report Item 5.B.
Thomas Nolan, Director of Aviation, provided background information as outlined in the staff report dated November 16, 2011.
Councilmember Foat requested staff address the noise contour study and the creation of a noise study map, any funds available to residents for noise mitigation improvements, the length of time to revise the noise contour map, the banning of military and some civil airports.
Councilmember Hutcheson requested staff address the use of fuel relationships and the Federal Government, and if the City can regulate the sale of fuel to the military.
Mayor Pougnet requested staff address the airport services without Federal grants, the preparation of the noise study, and commented on the increase in operations, and suggested the Mayor schedule a meeting with the Congressional office to open a dialog at the Federal level.
1) Receive and file report; and 2) Direct the City Clerk to place the appointment of a City Council ad-hoc subcommittee to study airport noise mitigation on the December 7, 2011, City Council Agenda.
By consensus of the City Council noting the absence of Councilmember Mills.
Councilmember Foat stated she has a property ownership conflict of interest in the Central Business District, stated she would not participate in the discussion or the vote, and left Council Chamber.
5.C. DISCUSSION ON PROPOSED MODIFICATIONS TO THE VILLAGEFEST RULES TO ALLOW DOWNTOWN AND UPTOWN MERCHANTS TO PARTICIPATE AS VENDORS WITHIN VILLAGEFEST:
Staff Report Item 5.C.
Tom Wilson, Assistant City Manager, provided background information as outlined in the staff report dated November 16, 2011.
Councilmember Hutcheson stated his support for the recommendation by the business community and the VillageFest Board recommendation to modify the rules, and the expansion of the boundaries, stated he would like to hear from the BID Advisory Board, and stated he felt the Board did not have to jury the merchant vendors.
ACTION:
Direct staff to draft amendments to the VillageFest Rules and Regulations and submit to the City Council for adoption.
By consensus of the City Council, noting the absence of Councilmember Foat and Councilmember Mills.
Councilmember Foat returned to the dais.
5.D. JOINT ITEM CITY COUNCIL AND FINANCING AUTHORITY APPROVAL OF REFINANCING OF CERTAIN OBLIGATIONS RELATING TO CONVENTION CENTER:
Staff Report Item 5.D.
Suzanne Harrell, City Financial Consultant, provided background information as outlined in the staff report dated November 16, 2011.
Mayor Pro Tem Weigel requested staff address including other bonding issues.
Councilmember Hutcheson commented on the net savings for the time period.
Councilmember Foat requested the City Attorney address any issue with the ground lease, the eligibility to recall for redemption, the appraisal of the Victoria Park property and the substitution thereof, the lack of interest parameters in the proposed resolution, and requested staff address if the issuance would affect the issuance of bonds relating to Measure "J."
Motion to (CITY COUNCIL) 1) Adopt Resolution No. 23047, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AND AUTHORIZING THE EXECUTION OF SUPPLEMENTAL SITE LEASE NO. 2, SUPPLEMENTAL TRUST AGREEMENT NO. 4 AND OTHER LEGAL DOCUMENTS WITH RESPECT TO THE CITY OF PALM SPRINGS FINANCING AUTHORITY LEASE REVENUE REFUNDING BONDS, 2011 SERIES A (CONVENTION CENTER PROJECT); and (FINANCING AUTHORITY) 2) Adopt Resolution No. 37, "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF PALM SPRINGS FINANCING AUTHORITY AUTHORIZING AND DIRECTING THE ISSUANCE AND SALE OF ITS LEASE REVENUE BONDS, 2011 SERIES A (CONVENTION CENTER PROJECT), APPROVING A PRELIMINARY OFFICIAL STATEMENT, AUTHORIZING EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT, SUPPLEMENTAL SITE LEASE NO. 3, SUPPLEMENTAL TRUST AGREEMENT NO. 4, SUPPLEMENTAL LEASE AGREEMENT NO. 5, BOND PURCHASE AGREEMENT AND ESCROW DEPOSIT AGREEMENT AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO." Moved by Mayor Pro Tem Weigel, seconded by Councilmember Foat.
Vote to (CITY COUNCIL) 1) Adopt Resolution No. 23047, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AND AUTHORIZING THE EXECUTION OF SUPPLEMENTAL SITE LEASE NO. 2, SUPPLEMENTAL TRUST AGREEMENT NO. 4 AND OTHER LEGAL DOCUMENTS WITH RESPECT TO THE CITY OF PALM SPRINGS FINANCING AUTHORITY LEASE REVENUE REFUNDING BONDS, 2011 SERIES A (CONVENTION CENTER PROJECT); and (FINANCING AUTHORITY) 2) Adopt Resolution No. 37, "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF PALM SPRINGS FINANCING AUTHORITY AUTHORIZING AND DIRECTING THE ISSUANCE AND SALE OF ITS LEASE REVENUE BONDS, 2011 SERIES A (CONVENTION CENTER PROJECT), APPROVING A PRELIMINARY OFFICIAL STATEMENT, AUTHORIZING EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT, SUPPLEMENTAL SITE LEASE NO. 3, SUPPLEMENTAL TRUST AGREEMENT NO. 4, SUPPLEMENTAL LEASE AGREEMENT NO. 5, BOND PURCHASE AGREEMENT AND ESCROW DEPOSIT AGREEMENT AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO." (Approved)
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Foat announced that December 21, 2011, is Homeless Persons Memorial Day, requested the City Council consider a Resolution of support, and commented on the activities at Roy’s Desert Resource Center.
Mayor Pougnet commented on the adoption of Measure "J" at the November 8, 2011, Municipal Election, and provided a status report of the upcoming steps.
ADJOURNMENT:
Nov 16, 2011 City Council Meeting
Full agenda
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CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
Roll Call: 5 members present, 1 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. Mayor Pougnet requested Item 2.M. be removed from the Consent Calendar for separate discussion.
Motion to approve Accept the Agenda as amended. Moved by Councilmember Hutcheson, seconded by Councilmember Foat.
Vote to approve Accept the Agenda as amended. (Approved)
1. PUBLIC HEARINGS:
PUBLIC COMMENT:
RICK PURNELL, Palm Springs, commented on noise mitigation at the Palm Springs International Airport.
JOANNE HERDT, Palm Springs, commented on noise mitigation at the Palm Springs International Airport.
BILL COOK, commented on noise mitigation at the Palm Springs International Airport.
SCOTT CONNELLY, commented on noise mitigation at the Palm Springs International Airport.
VIC GAINER, Palm Springs, commented on Measure "J" on the November 8, 2011 election, and commented on noise mitigation at the Palm Springs International Airport.
ROBERT CARLSON, commented on noise mitigation at the Palm Springs International Airport.
JOHN MEJIA, USMC St. Sgt., commented on noise mitigation at the Palm Springs International Airport.
JEFF CROSS, Palm Springs, commented on Item 5.A., and requested the City Council approve a modification to the approved sign district at the Springs Shopping Center.
JACK TOTH, Ross Stores, commented on Item 5.A., and requested the City Council approve a modification to the approved sign district at the Springs Shopping Center.
JACK KURCHIAN, Endure Investments, LLC, commented on Item 5.A., and requested the City Council approve a modification to the approved sign district at the Springs Shopping Center.
RICHWOOD BORJA, Albany, commented on Item 5.A., and requested the City Council approve a modification to the approved sign district at the Springs Shopping Center.
FRANK TYSEN, commented on Item 2.E. regarding a zoning designation and Item 2.J. approval of the deletion of a median island by Nexus Development.
JOY MEREDITH, Palm Springs, commented on Item 5.C., and requested the City Council consider the rule change to allow merchants to participate in VillageFest.
ROBERT JOHNSTON, Palm Springs, commented on noise mitigation at the Palm Springs International Airport.
T.M. FIEGENSCHUIH, commented on noise mitigation at the Palm Springs International Airport.
CHERYL HOUK, commented on noise mitigation at the Palm Springs International Airport.
JANET FRENCH, Palm Springs, commented on noise mitigation at the Palm Springs International Airport.
RENO FONTANA, Palm Springs, commented on noise mitigation at the Palm Springs International Airport.
COUNCILMEMBER COMMENTS:
CITY MANAGER’S REPORT:
2. CONSENT CALENDAR:
Councilmember Foat requested Item 2.J. be removed from the Consent Calendar for separate discussion.
Motion to Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.I., 2.K., 2.L., 2.O., 2.P. and 2.Q. Moved by Councilmember Hutcheson, seconded by Councilmember Foat.
Vote to Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.I., 2.K., 2.L., 2.O., 2.P. and 2.Q. (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 OCTOBER 2011:
Staff Report Item 2.D.
2.E. SECOND READING AND ADOPTION OF ORDINANCE NO. 1800, AMENDING THE ZONING MAP TO CHANGE THE ZONING DESIGNATION OF AN APPROXIMATELY 30-ACRE PARCEL LOCATED NORTH OF 19TH AVENUE AND EAST OF HALLECK AVENUE:
Staff Report Item 2.E.
2.F. CHANGE ORDER NO. 1 TO AGREEMENT NO. A6142 WITH G&M CONSTRUCTION FOR TRACT NO. 13257 SEWER IMPROVEMENTS IN THE AMOUNT OF $69,015.15 (CP 10-02):
Staff Report Item 2.F.
2.G. ACCEPT THE RESIGNATION OF DELANEY TOUPS FROM THE SUSTAINABILITY COMMISSION:
Staff Report Item 2.G.
2.H. APPOINTMENT TO THE MOUNT SAN JACINTO WINTER PARK AUTHORITY (PALM SPRINGS TRAMWAY BOARD):
Staff Report Item 2.H.
2.I. TREASURER'S INVESTMENT REPORT AS OF AUGUST 31, 2011:
Staff Report Item 2.I.
2.K. DEMUTH COMMUNITY CENTER GARDEN (CP 11-03):
Staff Report Item 2.K.
2.L. AWARD OF CONTRACT FOR THE 2010-11 TRAFFIC SIGNAL IMPROVEMENTS (CP 10-07):
Staff Report Item 2.L.
2.O. MILLS ACT HISTORIC SITE AGREEMENT WITH TOM O'CONNELL FOR THE FRANK SINATRA TWIN PALMS ESTATE LOCATED AT 1145 VIA COLUSA (HSPB 77):
Staff Report Item 2.O.
2.P. AIR SERVICE INCENTIVE PROGRAM FUNDING IN THE AMOUNT OF UP TO $100,000 TO ALASKA AIRLINES FOR SAN JOSE NONSTOP SERVICE:
Staff Report Item 2.P.
2.Q. AMENDMENT NO. 1 TO THE FISCAL YEAR 2011-12 ALLOCATED POSITIONS AND COMPENSATION PLAN:
Staff Report Item 2.Q.
EXCLUDED CONSENT CALENDAR:
2.J. NEXUS DEVELOPMENT (O & M LLC) REQUEST TO MODIFY FINAL TRACT MAP 34165 DELETING CONDITIONS 7A, 7B, AND 7C RELATING TO THE INSTALLATION OF A LANDSCAPE TRAFFIC MEDIAN ON AVENIDA CABALLEROS (TM 34165):
Staff Report Item 2.J.
Councilmember Foat provided information on the City Council's decision to eliminate the median requirement at the public hearing.
Motion to approve Adopt Resolution No. 23044, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A REQUEST TO MODIFY FINAL TRACT MAP 34165 BY DELETING CONDITIONS OF APPROVAL NOS. 7A, 7B, AND 7C RELATING TO THE INSTALLATION OF A LANDSCAPE TRAFFIC MEDIAN ON AVENIDA CABALLEROS." Moved by Councilmember Foat, seconded by Mayor Pougnet.
Vote to approve Adopt Resolution No. 23044, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A REQUEST TO MODIFY FINAL TRACT MAP 34165 BY DELETING CONDITIONS OF APPROVAL NOS. 7A, 7B, AND 7C RELATING TO THE INSTALLATION OF A LANDSCAPE TRAFFIC MEDIAN ON AVENIDA CABALLEROS." (Approved)
2.M. REIMBURSEMENT AGREEMENT WITH THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) FOR THE VISTA CHINO LOW WATER CROSSING BRIDGE REPLACEMENT AT THE WHITEWATER RIVER (CP 10-10):
Staff Report Item 2.M.
Mayor Pougnet commented on the grants received by the City, thanked the Engineering Department, and requested the City Engineer address the overall scope of the project.
Motion to approve 1) Approve a reimbursement agreement with CVAG for the Vista Chino Low Water Crossing Bridge Replacement at the Whitewater River (CP 10-10); and 2) Authorize the City Manager to execute all necessary documents. A6174. Moved by Mayor Pougnet, seconded by Mayor Pro Tem Weigel.
Vote to approve 1) Approve a reimbursement agreement with CVAG for the Vista Chino Low Water Crossing Bridge Replacement at the Whitewater River (CP 10-10); and 2) Authorize the City Manager to execute all necessary documents. A6174. (Approved) (Recorded at 01:12:31)
2.N. AUTHORIZE ADDITIONAL MISCELLANEOUS FISCAL YEAR 2011-12 MAINTENANCE EXPENDITURES FOR THE CHILLED WATER SYSTEM FOR ALL FACILITIES SUPPLIED BY AND INCLUDING THE CO-GENERATION PLANTS:
Staff Report Item 2.N.
Councilmember Hutcheson requested staff address the future use of the second co-generation plant as recommended in the Chevron Study.
Motion to approve Authorize issuance of additional funds to the Nalco blanket Purchase Order No. 12-0043 for the as-needed purchase of chemicals to treat and replenish the chilled water system in an amount not-to-exceed $75,000. Moved by Councilmember Hutcheson, seconded by Mayor Pro Tem Weigel.
Vote to approve Authorize issuance of additional funds to the Nalco blanket Purchase Order No. 12-0043 for the as-needed purchase of chemicals to treat and replenish the chilled water system in an amount not-to-exceed $75,000. (Approved)
3. LEGISLATIVE:
3.A. SECOND READING AND ADOPTION OF ORDINANCE NO. 1801, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF PALM SPRINGS:
Staff Report Item 3.A.
City Clerk Thompson provided background information as outlined in the staff report dated November 16, 2011.
Motion to approve Waive further reading and adopt Ordinance No. 1801, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF PALM SPRINGS." Moved by Councilmember Foat, seconded by Councilmember Hutcheson.
Vote to approve Waive further reading and adopt Ordinance No. 1801, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF PALM SPRINGS." (Approved) (Recorded at 01:14:39)
4. UNFINISHED BUSINESS:
5. NEW BUSINESS:
5.A. REQUEST FROM THE CHARLES COMPANY TO AMEND THE PREVIOUSLY APPROVED SIGN DISTRICT FOR "THE SPRINGS" SHOPPING CENTER LOCATED AT 5200 EAST RAMON ROAD (CASE 5.0984 PD-291-A AND SP 11-005):
Staff Report Item 5.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated November 16, 2011.
Councilmember Hutcheson requested staff address the use of neon, comments received by other tenants, stated the City should show as much flexibility as possible, stated the sign should be allowed to be as large as Bed, Bath and Beyond, and expressed concern with the AAC decision to disallow the sign for the use of neon.
Councilmember Foat requested staff address the size of the lease space as correlated with the size of the sign, the blade signage, stated the request appears to be an excessive amount of signage in relation to other establishments in the Center, and stated she does not take issue with an oversize sign equal to Bed, Bath and Beyond, stated her support for the requested temporary signage and suggested the City Council reduce the size of the main sign, allow the temporary signs, and allow one blade sign, but delete the two oval signs.
Mayor Pro Tem Weigel stated his support for Councilmember Foat’s comments and approval of the main sign slightly smaller than as proposed, but stated he is not opposed to the two oval signs.
Mayor Pougnet requested staff address a process to move forward to allow signage.
Motion to 1) Find the amendments to the Sign District at The Springs Shopping Center are consistent with previous Sign District approval and amendment and Section 93.20.5.C.8 of the Palm Springs Zoning Code; and 2) Approve an amendment to the approved Sign District at The Springs Shopping Center, located at 5200 East Ramon Road, approving the Ross Dress for Less main sign not to exceed 325 square feet, approve temporary signs for a period of 60-days, allow the blade sign below the overhang of approximately 7.2 square feet in size, and delete the two "Ross" oval logo signs. Moved by Councilmember Foat, seconded by Councilmember Hutcheson.
Vote to 1) Find the amendments to the Sign District at The Springs Shopping Center are consistent with previous Sign District approval and amendment and Section 93.20.5.C.8 of the Palm Springs Zoning Code; and 2) Approve an amendment to the approved Sign District at The Springs Shopping Center, located at 5200 East Ramon Road, approving the Ross Dress for Less main sign not to exceed 325 square feet, approve temporary signs for a period of 60-days, allow the blade sign below the overhang of approximately 7.2 square feet in size, and delete the two "Ross" oval logo signs. (Approved)
Vote to approve Adopt Resolution No. 23047, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING AMENDMENTS TO A PREVIOUSLY APPROVED SIGN DISTRICT FOR THE ROSS DRESS FOR LESS RETAIL TENANT LOCATED AT 5200 EAST RAMON ROAD." (Approved) (Recorded at 01:30:23)
Motion to approve Adopt Resolution No. 23047, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING AMENDMENTS TO A PREVIOUSLY APPROVED SIGN DISTRICT FOR THE ROSS DRESS FOR LESS RETAIL TENANT LOCATED AT 5200 EAST RAMON ROAD." Moved by Councilmember Foat, seconded by Councilmember Hutcheson.
5.B. REPORT ON NOISE MITIGATION AT THE PALM SPRINGS INTERNATIONAL AIRPORT AND APPOINTMENT OF AN AD-HOC CITY COUNCIL SUBCOMMITTEE TO STUDY AIRPORT NOISE MITIGATION:
Staff Report Item 5.B.
Thomas Nolan, Director of Aviation, provided background information as outlined in the staff report dated November 16, 2011.
Councilmember Foat requested staff address the noise contour study and the creation of a noise study map, any funds available to residents for noise mitigation improvements, the length of time to revise the noise contour map, the banning of military and some civil airports.
Councilmember Hutcheson requested staff address the use of fuel relationships and the Federal Government, and if the City can regulate the sale of fuel to the military.
Mayor Pougnet requested staff address the airport services without Federal grants, the preparation of the noise study, and commented on the increase in operations, and suggested the Mayor schedule a meeting with the Congressional office to open a dialog at the Federal level.
1) Receive and file report; and 2) Direct the City Clerk to place the appointment of a City Council ad-hoc subcommittee to study airport noise mitigation on the December 7, 2011, City Council Agenda.
By consensus of the City Council noting the absence of Councilmember Mills.
Councilmember Foat stated she has a property ownership conflict of interest in the Central Business District, stated she would not participate in the discussion or the vote, and left Council Chamber.
5.C. DISCUSSION ON PROPOSED MODIFICATIONS TO THE VILLAGEFEST RULES TO ALLOW DOWNTOWN AND UPTOWN MERCHANTS TO PARTICIPATE AS VENDORS WITHIN VILLAGEFEST:
Staff Report Item 5.C.
Tom Wilson, Assistant City Manager, provided background information as outlined in the staff report dated November 16, 2011.
Councilmember Hutcheson stated his support for the recommendation by the business community and the VillageFest Board recommendation to modify the rules, and the expansion of the boundaries, stated he would like to hear from the BID Advisory Board, and stated he felt the Board did not have to jury the merchant vendors.
ACTION:
Direct staff to draft amendments to the VillageFest Rules and Regulations and submit to the City Council for adoption.
By consensus of the City Council, noting the absence of Councilmember Foat and Councilmember Mills.
Councilmember Foat returned to the dais.
5.D. JOINT ITEM CITY COUNCIL AND FINANCING AUTHORITY APPROVAL OF REFINANCING OF CERTAIN OBLIGATIONS RELATING TO CONVENTION CENTER:
Staff Report Item 5.D.
Suzanne Harrell, City Financial Consultant, provided background information as outlined in the staff report dated November 16, 2011.
Mayor Pro Tem Weigel requested staff address including other bonding issues.
Councilmember Hutcheson commented on the net savings for the time period.
Councilmember Foat requested the City Attorney address any issue with the ground lease, the eligibility to recall for redemption, the appraisal of the Victoria Park property and the substitution thereof, the lack of interest parameters in the proposed resolution, and requested staff address if the issuance would affect the issuance of bonds relating to Measure "J."
Motion to (CITY COUNCIL) 1) Adopt Resolution No. 23047, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AND AUTHORIZING THE EXECUTION OF SUPPLEMENTAL SITE LEASE NO. 2, SUPPLEMENTAL TRUST AGREEMENT NO. 4 AND OTHER LEGAL DOCUMENTS WITH RESPECT TO THE CITY OF PALM SPRINGS FINANCING AUTHORITY LEASE REVENUE REFUNDING BONDS, 2011 SERIES A (CONVENTION CENTER PROJECT); and (FINANCING AUTHORITY) 2) Adopt Resolution No. 37, "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF PALM SPRINGS FINANCING AUTHORITY AUTHORIZING AND DIRECTING THE ISSUANCE AND SALE OF ITS LEASE REVENUE BONDS, 2011 SERIES A (CONVENTION CENTER PROJECT), APPROVING A PRELIMINARY OFFICIAL STATEMENT, AUTHORIZING EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT, SUPPLEMENTAL SITE LEASE NO. 3, SUPPLEMENTAL TRUST AGREEMENT NO. 4, SUPPLEMENTAL LEASE AGREEMENT NO. 5, BOND PURCHASE AGREEMENT AND ESCROW DEPOSIT AGREEMENT AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO." Moved by Mayor Pro Tem Weigel, seconded by Councilmember Foat.
Vote to (CITY COUNCIL) 1) Adopt Resolution No. 23047, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AND AUTHORIZING THE EXECUTION OF SUPPLEMENTAL SITE LEASE NO. 2, SUPPLEMENTAL TRUST AGREEMENT NO. 4 AND OTHER LEGAL DOCUMENTS WITH RESPECT TO THE CITY OF PALM SPRINGS FINANCING AUTHORITY LEASE REVENUE REFUNDING BONDS, 2011 SERIES A (CONVENTION CENTER PROJECT); and (FINANCING AUTHORITY) 2) Adopt Resolution No. 37, "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF PALM SPRINGS FINANCING AUTHORITY AUTHORIZING AND DIRECTING THE ISSUANCE AND SALE OF ITS LEASE REVENUE BONDS, 2011 SERIES A (CONVENTION CENTER PROJECT), APPROVING A PRELIMINARY OFFICIAL STATEMENT, AUTHORIZING EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT, SUPPLEMENTAL SITE LEASE NO. 3, SUPPLEMENTAL TRUST AGREEMENT NO. 4, SUPPLEMENTAL LEASE AGREEMENT NO. 5, BOND PURCHASE AGREEMENT AND ESCROW DEPOSIT AGREEMENT AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO." (Approved)
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Councilmember Foat announced that December 21, 2011, is Homeless Persons Memorial Day, requested the City Council consider a Resolution of support, and commented on the activities at Roy’s Desert Resource Center.
Mayor Pougnet commented on the adoption of Measure "J" at the November 8, 2011, Municipal Election, and provided a status report of the upcoming steps.
ADJOURNMENT:
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