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 stated staff requests Item 2.I. be removed from the Consent Calendar for an update.
Mayor Pougnet requested that Item 4.C. be heard out of order as the first item on the Agenda.
Motion to approve Accept the Agenda as amended. Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to approve Accept the Agenda as amended. (Approved)
Item 4.C. was heard out of order, prior to the public hearing.
1. PUBLIC HEARINGS:
1.A. AMENDMENT TO A PREVIOUSLY APPROVED PLANNED DEVELOPMENT DISTRICT TO CHANGE THE USE FROM CONDOMINIUMS TO TIME-SHARE CONDOMINIUM HOTEL AT A 12-UNIT CONDOMINIUM PROJECT, LOCATED AT 588 SAN LORENZO ROAD (CASE 5.1171 AMND PDD 351):
Staff Report Item 1.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated December 14, 2011.
Councilmember Hutcheson requested staff address the deferral of Quimby Fees and Public Arts Fees.
Mayor Pro Tem Foat requested staff address the ownership of the property, and noted complaints surrounding the property.
Mayor Pougnet opened the public hearing, and the following speaker addressed the City Council.
LANCE ROBUT, Applicant, commented on the ownership of the property, the timeline for construction, and requested the City Council support the conversion.
No further speakers coming forward the public hearing was closed.
Motion to approve Adopt Resolution No. 23055, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PRELIMINARY AND FINAL PLANNED DEVELOPMENT DISTRICT AMENDMENT TO ADD TIME-SHARE CONDOMINIUM HOTEL USES TO THE LIST OF PERMITTED USES IN PDD 351, AT AN EXISTING 12-UNIT CONDOMINIUM PROJECT LOCATED AT 588 SAN LORENZO ROAD, ZONE R-3, SECTION 23 (CASE 5.1171 AMND PDD 351)." Moved by Councilmember Hutcheson, seconded by Mayor Pro Tem Foat.
Vote to approve Adopt Resolution No. 23055, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PRELIMINARY AND FINAL PLANNED DEVELOPMENT DISTRICT AMENDMENT TO ADD TIME-SHARE CONDOMINIUM HOTEL USES TO THE LIST OF PERMITTED USES IN PDD 351, AT AN EXISTING 12-UNIT CONDOMINIUM PROJECT LOCATED AT 588 SAN LORENZO ROAD, ZONE R-3, SECTION 23 (CASE 5.1171 AMND PDD 351)." (Approved)
PUBLIC COMMENT:
JOHN TYMON, commented on Measure "J," and the condition of buildings in the Downtown area.
BOB HELBLING, Palm Springs, congratulated Mayor Pro Tem Foat on her Athena Award, noted the process surrounding the remodel of the Saguaro Hotel, and commented on LED lighting and sustainability.
JOE PALMA, Desert Electric Supply, commented on Item 4.A., stated his support for the proposed energy proposals, and requested the City Council ensure that the local preference policy will be in effect for the projects.
MICHAEL MULCANY, commented on Item 4.A., stated his opposition to starting the plan prior to obtaining an independent third party review, commented on the costs, and stated the proposal does not provide sufficient savings to the City.
GALE WHEAT, requested the City Council consider adopting a resolution in support of Senate Joint Constitutional Amendment No. J.F. 33 regarding the rights of corporations.
FRANCES MILLER, requested the City Council consider adopting a resolution in support of Senate Joint Constitutional Amendment No. J.F. 33 regarding the rights of corporations.
NANCY GUITIERREZ, Palm Desert, requested the City Council consider adopting a resolution in support of Senate Joint Constitutional Amendment No. J.F. 33 regarding the rights of corporations.
CAROLYN KRAUSE, requested the City Council consider adopting a resolution in support of Senate Joint Constitutional Amendment No. J.F. 33 regarding the rights of corporations.
BOB THOMAS, Palm Springs, commented on Consent Calendar Item 2.I., stated the staff report received does not reflect the actions of the VillageFest Board, and noted the Board's concerns.
JOY MEREDITH, Palm Springs, commented on Item 2.I. regarding VillageFest rules and regulations, noted the concerns of MainStreet Vendors, and requested the City Council review the fees charged to merchant vendors.
COUNCILMEMBER COMMENTS:
Mayor Pougnet requested the City Clerk set-up interviews for Commission and Board vacancies.
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.J., 2.K. and 2.L. Moved by Councilmember Hutcheson, seconded by Councilmember Lewin.
Vote to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.J., 2.K. and 2.L. (Approved)
2.A. REPORT ON THE POSTING OF THE AGENDA:
Staff Report Item 2.A.
2.B. TREASURER'S INVESTMENT REPORT AS OF SEPTEMBER 30, 2011:
Staff Report Item 2.B.
2.C. TIME LIMITED PARKING IN THE VICINITY OF ST. THERESA SCHOOL:
Staff Report Item 2.C.
2.D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF NOVEMBER 2011:
Staff Report Item 2.D.
2.E. AMENDMENT NO. 10 TO AGREEMENT NO. A5488 WITH ALLEN F. SMOOT & ASSOCIATES FOR OWNER’S REPRESENTATIVE SERVICES TO REFLECT AN EXTENSION OF THREE MONTHS ADDITIONAL START-UP SERVICES AT THE ANIMAL SHELTER PROJECT:
Staff Report Item 2.E.
2.F. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
Staff Report Item 2.F.
2.G. AMENDMENT NO. 2 TO THE FISCAL YEAR 2011-12 ALLOCATED POSITIONS AND COMPENSATION PLAN:
Staff Report Item 2.G.
2.H. AGREEMENT WITH FALCO ENTERPRISES, INCORPORATED, FOR THE PURCHASE OF TWO (2) POLICE CANINES, TWO (2) ACADEMY COURSES, MONTHLY MAINTENANCE TRAINING AND YEARLY CERTIFICATION:
Staff Report Item 2.H.
2.J. AMENDMENTS TO THE SKYWEST AIRLINES AND ATLANTIC AVIATION LEASE AGREEMENTS:
Staff Report Item 2.J.
2.K. ACCEPTANCE OF THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS (SLESF) GRANT FROM THE STATE OF CALIFORNIA, APPROVING AN EXPENDITURE PLAN AND APPROPRIATION:
Staff Report Item 2.K.
2.L. APPROVE REVISED CITY OF PALM SPRINGS’ INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) AND AUTHORIZE THE CITY MANAGER TO IMPLEMENT THE IIPP:
Staff Report Item 2.L.
EXCLUDED CONSENT CALENDAR:
2.I. MODIFICATIONS TO THE VILLAGEFEST RULES TO ALLOW DOWNTOWN AND UPTOWN MERCHANTS TO PARTICIPATE AS VENDORS IN VILLAGEFEST:
Staff Report Item 2.I.
Tom Wilson, Assistant City Manager, provided background information as outlined in the staff report dated December 14, 2011.
Councilmember Mills noted some of his concerns with merchant vendors as outlined by the VillageFest Board, noted than when the new streets are installed as part of Museum Market Place that infrastructure is installed in the middle of the street, stated he would prefer to have the rules changed only for the current season, limits the merchants to categories that currently exist, and noted that the Board should be able to review merchants to ensure the goods are in existing categories and not every merchant should be allowed a booth, stated the merchants should not be placed in one area of VillageFest, and requested staff address the fee structure, and stated fees for merchants should be equal to current VillageFest vendors.
Councilmember Lewin noted the concerns of merchants and the impact to local merchants for VillageFest, expressed concerns with some types of merchandise to be sold such as liquor, stated his support for a pilot program, and commented on the concern with the fee structure.
Councilmember Hutcheson stated his support for merchants to be allowed to participate and have the same fees as the vendors and be primary products of the store and not necessarily conform to the existing VillageFest categories, stated his support for a sunset provision for one year, and stated the vendor should be subject to the approval of the VillageFest Board.
Mayor Pro Tem Foat stated her concern for a process to allow for certain merchandise, merchandise should be within the current categories of VillageFest but perhaps the Board could make an exception for unique products, stated the fees for merchants should be lower than those for regular VillageFest vendors, but stated the same types of rules should apply to local merchants, and stated the local merchants should not be all bunched together.
Councilmember Lewin stated his support for broadening the scope and improved quality.
Councilmember Hutcheson indicated his support to limit to the current categories with the VillageFest Board to make exceptions.
Councilmember Mills stated if you make exceptions for the merchants, then you will have to make exceptions for the vendors as well, and indicated that the VillageFest Board may have difficultly in such determinations.
Councilmember Foat noted that under the current rules a large percentage of the goods must be hand created, and the merchants would not be able to qualify under such conditions.
VillageFest Chair Bob Thomas commented on the existing categories and stated the Board would be reviewing the categories, and hoped the City Council provide the Board flexibility with the categories and possible additions to the categories.
City Manager Ready stated the City wanted to open up VillageFest to local merchants, as such the local merchants would not be hand made goods, and it may be a burden for the Board to make a decision what merchandise the local merchants would be allowed at the event, but the Board would be put in that position, recommended such rule changes be for one season and refine the detail points at that time.
Councilmember Lewin requested the Board Chair address if such a model would be a burden to balance those decisions by merchants, and stated the decision to provide for a new merchant category would be defensible if controlled by the Board.
City Manager Ready stated that is one model, but requested the Board be tasked to create guidelines and criteria for any such appeal that may be filed.
Councilmember Hutcheson advised freedom to experiment and let the merchants try different products, and provide the Board with flexibility to deal with situations as they arise.
Councilmember Mills noted that the food category could be problematic for the VillageFest Board, requested the Board Chair address if the merchant could be located in front of their store.
Mayor Pro Tem Foat requested the VillageFest Board outline approaches to regulate local merchant's display of merchandise that may not reflect VillageFest, and requested the City Council consider a 50% discount for local merchant VillageFest permit fees.
Motion to Direct staff to administratively implement modifications to the VillageFest Rules for a trial period of one year, that allows local merchant vendors, subject to the following: (i) 50% reduction of VillageFest permit fees; (ii) vendors reviewed by the VillageFest Board for primary product with discretion by the VillageFest Board; (iii) not entitled to the current appeal process; and (iv) local merchant vendors are to be integrated into the event. Moved by Mayor Pro Tem Foat, seconded by Councilmember Mills.
Vote to Direct staff to administratively implement modifications to the VillageFest Rules for a trial period of one year, that allows local merchant vendors, subject to the following: (i) 50% reduction of VillageFest permit fees; (ii) vendors reviewed by the VillageFest Board for primary product with discretion by the VillageFest Board; (iii) not entitled to the current appeal process; and (iv) local merchant vendors are to be integrated into the event. (Approved)
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS:
4.A. CITYWIDE ENERGY MANAGEMENT PROJECT:
Staff Report Item 4.A.
David Barakian, City Engineer, and Marcus Fuller, Assistant City Engineer, provided background information as outlined in the staff report dated December 14, 2011, and a PowerPoint presentation.
Mayor Pougnet thanked City staff for the comprehensive staff report, and commented on the solar facility.
Councilmember Hutcheson requested staff address the monitoring program for the first five years, and commented on the electronic display at the Convention Center.
Councilmember Mills requested staff address the cost and savings for the lighting system and irrigation control retrofit and the central control systems combined with a specific location weather system, requested staff address the lack of redundancy by the elimination of the second Co-Gen plant, requested staff address increasing the load at the Sunrise Plant, look at the potential cost of adding the Boys and Girls Club and the Senior Center to the proposed solution, requested staff address the responsibilities of Chevron pursuant to the contract, the use of the procurement process, and stated this type of project would be relevant to a City Council subcommittee.
Councilmember Lewin requested staff address the cost of energy from SCE as opposed to generating the energy with the Co-Gen, and stated he is interested in seeing the third-party analysis on the redundancy with respect to the Co-Gen Plants, and commented on potential solar at the pool, requested staff address the chilling of the pool, and commented on the overall goals and savings from the proposed projects.
Motion to 1) Direct staff to move forward with Chevron Energy Solutions on the recommended list of Energy Conservation Measures to be included in the scope of the overall Citywide energy management project; 2) Approve the Comprehensive Energy Audit ("CEA") submitted by Chevron Energy Solutions dated July 20, 2011; 3) Direct staff to move forward with an independent third party review of the Citywide energy management project; and 4) Direct staff to include information on the connection to include the Boys and Girls Club and Mizell Senior Center at Sunrise Park. Moved by Mayor Pro Tem Foat, seconded by Councilmember Lewin.
Vote to 1) Direct staff to move forward with Chevron Energy Solutions on the recommended list of Energy Conservation Measures to be included in the scope of the overall Citywide energy management project; 2) Approve the Comprehensive Energy Audit ("CEA") submitted by Chevron Energy Solutions dated July 20, 2011; 3) Direct staff to move forward with an independent third party review of the Citywide energy management project; and 4) Direct staff to include information on the connection to include the Boys and Girls Club and Mizell Senior Center at Sunrise Park. (Approved)
The City Council recessed at 9:05 p.m.
The City Council reconvened at 9:12.
4.B. PROGRESS REPORT, UPDATE, AND DISCUSSION REGARDING THE PALM SPRINGS PROMENADE LLC DOWNTOWN REVITALIZATION PROJECT AT THE DESERT FASHION PLAZA LOCATED AT 123 NORTH PALM CANYON DRIVE:
Mayor Pougnet provided an update and a PowerPoint presentation on the Downtown Revitalization Project.
No action taken.
4.C. PRE-DEVELOPMENT FUNDING AGREEMENT WITH WESSMAN DEVELOPMENT COMPANY AND PALM SPRINGS PROMENADE, LLC, FOR THE REDEVELOPMENT OF CERTAIN REAL PROPERTY AT 123 NORTH PALM CANYON DRIVE AND A RESOLUTION DECLARING INTENTION TO REIMBURSE EXPENDITURES FROM THE PROCEEDS OF CERTAIN OBLIGATIONS AND DIRECTING CERTAIN ACTIONS (DESERT FASHION PLAZA):
Staff Report Item 4.C.
John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated December 14, 2011.
Councilmember Lewin requested staff address the insurance requirements as stipulated in the proposed agreement.
Motion to 1) Approve an agreement with Wessman Development Company and Palm Springs Promenade, LLC for the redevelopment of real property at 123 North Palm Canyon Drive, commonly known as the Desert Fashion Plaza; 2) Adopt Resolution No. 23064, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING INTENTION TO REIMBURSE EXPENDITURES FROM THE PROCEEDS OF CERTAIN OBLIGATIONS AND DIRECTING CERTAIN ACTIONS;" and 3) Adopt Resolution No. 23065, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE 2011-12 FISCAL YEAR BUDGET;" and 4) Authorize the City Manager to execute all necessary documents. A6184. Moved by Councilmember Mills, seconded by Mayor Pro Tem Foat.
Vote to 1) Approve an agreement with Wessman Development Company and Palm Springs Promenade, LLC for the redevelopment of real property at 123 North Palm Canyon Drive, commonly known as the Desert Fashion Plaza; 2) Adopt Resolution No. 23064, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING INTENTION TO REIMBURSE EXPENDITURES FROM THE PROCEEDS OF CERTAIN OBLIGATIONS AND DIRECTING CERTAIN ACTIONS;" and 3) Adopt Resolution No. 23065, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE 2011-12 FISCAL YEAR BUDGET;" and 4) Authorize the City Manager to execute all necessary documents. A6184. (Approved)
5. NEW BUSINESS:
5.A. REVIEW AND APPOINT CITY COUNCIL SUBCOMMITTEES AND CITY COUNCIL LIAISONS TO OUTSIDE ORGANIZATIONS AND CITY COMMISSIONS AND BOARDS:
Staff Report Item 5.A.
The Members of the City Council indicated they would not participate in the discussion or the vote, for each appointment of the individual Councilmember, should such appointment provide for the payment of a stipend.
ACTION:
1) Direct the City Clerk to delete the following appointments to external organizations: CVAG Human/Community Resources and Palm Springs Economic Development Corporation and 2) the Pacific Housing Finance (PHFA) is to be included in the City Council Subcommittee on Sustainability.
By consensus of the City Council.
ACTION:
Modify the alternate appointment to the CVAG Homelessness Committee to Councilmember Lewin.
By consensus of the City Council, noting the absence of Councilmember Lewin.
ACTION:
Modify the designee appointment to the CVAG Public Safety Committee to Councilmember Lewin.
By consensus of the City Council, noting the absence of Councilmember Lewin.
ACTION:
Modify the designee appointment to the CVAG Transportation Committee to Mayor Pro Tem Foat.
By consensus of the City Council, noting the absence of Mayor Pro Tem Foat.
ACTION:
Modify the alternate appointment to the CVAG Transportation Committee to Councilmember Lewin.
By consensus of the City Council, noting the absence of Councilmember Lewin.
ACTION:
Modify the alternate appointment to the Coachella Valley Conservation Commission to Mayor Pro Tem Foat.
By consensus of the City Council, noting the absence of Mayor Pro Tem Foat.
ACTION:
Modify the designee appointment to the Riverside County Transportation Commission to Mayor Pro Tem Foat.
By consensus of the City Council, noting the absence of Mayor Pro Tem Foat.
ACTION:
Modify the alternate appointment to the Riverside County Transportation Commission to Mayor Pougnet.
By consensus of the City Council, noting the absence of Mayor Pougnet.
ACTION:
Modify the designee appointment to Sunline to Councilmember Hutcheson, effective January 26, 2012.
By consensus of the City Council, noting the absence of Councilmember Hutcheson.
ACTION:
Modify the alternate appointment to Sunline to Mayor Pougnet, effective January 26, 2012.
By consensus of the City Council, noting the absence of Mayor Pougnet.
ACTION:
1) Modify the alternate appointment to the Palm Springs Chamber of Commerce to Councilmember Lewin; 2) Modify the alternate appointment to the Riverside County Community Action Commission to Councilmember Mills; and 3) Modify the designee appointment to the Eastern Riverside County Interoperability Regional Authority (ERICA) to Councilmember Lewin.
By consensus of the City Council.
ACTION:
Appoint Councilmember Lewin and Councilmember Hutcheson to the Housing City Council Standing Subcommittee.
By consensus of the City Council.
ACTION:
1) Appoint Councilmember Mills and Councilmember Hutcheson to the Palm Springs Disposal Services Contract Renewal ad hoc City Council Subcommittee; 2) Appoint Mayor Pro Tem Foat and Councilmember Mills to the Parks Master Plan ad hoc City Council Subcommittee; 3) Appoint Mayor Pougnet and Mayor Pro Tem Foat to the Fiscal Year 2012-13 Budget ad hoc City Council Subcommittee; 4) Appoint Councilmember Lewin and Councilmember Mills to the Library Remodel/Expansion ad hoc City Council Subcommittee; 5) Appoint Councilmember Hutcheson and Councilmember Foat to the College of the Desert ad hoc City Council Subcommittee; 6) Appoint Mayor Pougnet and Councilmember Lewin to the Special Event ad hoc City Council Subcommittee; 7) Appoint Mayor Pougnet and Councilmember Mills to the Museum Market Plaza Project Financing Agreement Implementation/Monitoring ad hoc City Council Subcommittee; and 8) Appoint Councilmember Mills and Councilmember Lewin to the Citywide Energy Project ad hoc City Council Subcommittee.
By consensus of the City Council.
ACTION:
Direct the City Clerk to delete the following City Council ad hoc subcommittees: 1) 2011 General Plan Housing Element Update; 2) Police Chief Selection Process; 3) Traffic Calming and Incorporation of Bike Lanes; 4) ComDyn Affordable Housing Project; 5) Business Improvement District Candidate Selection (appoint as part of the City Council’s annual recruitment of Boards and Commissions; 6) Business Improvement District Modifications; 7) FY 2010-11 Budget; 8) WWTP; 9) Campaign Finance Reform; 10) Tourism/Convention Center; 11) TRENO Tahquitz Creek Mini Park (move into Parks Master Plan); 12) Animal Shelter; and 13) Desert Fashion Plaza.
By consensus of the City Council.
Councilmember Mills stated he has a business related conflict of interest with respect to Item 5.B., would not participate in the discussion or the vote, and left Council Chamber.
5.B. PROPOSED REVISIONS TO MAINTENANCE, LANDSCAPING, AND AN AMENDMENT TO THE SIGN PROGRAM AT THE EL MIRADOR BUILDING, A CLASS 1 HISTORIC PROPERTY AT 1150 NORTH INDIAN CANYON DRIVE (DESERT REGIONAL MEDICAL CENTER) (HSPB 1):
Staff Report Item 5.B.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated December 14, 2011.
Motion to approve 1) Adopt a Certificate of Approval to amend the maintenance, landscaping, and sign programs for the El Mirador Building (HSPB 1) located at 1150 North Indian Canyon Drive; and 2) Direct staff to prepare a resolution that provides for the Historic Site Preservation Board to approve future Certificates of Approval for the subject property. Moved by Mayor Pougnet, seconded by Mayor Pro Tem Foat.
Vote to approve 1) Adopt a Certificate of Approval to amend the maintenance, landscaping, and sign programs for the El Mirador Building (HSPB 1) located at 1150 North Indian Canyon Drive; and 2) Direct staff to prepare a resolution that provides for the Historic Site Preservation Board to approve future Certificates of Approval for the subject property. (Approved)
Councilmember Mills returned to the dais.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Mayor Pougnet commented on meetings with Supervisor Benoit regarding the Countywide Parks Plan, and provided an update on SunLine.
ADJOURNMENT:
Dec 14, 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 stated staff requests Item 2.I. be removed from the Consent Calendar for an update.
Mayor Pougnet requested that Item 4.C. be heard out of order as the first item on the Agenda.
Motion to approve Accept the Agenda as amended. Moved by Councilmember Mills, seconded by Councilmember Hutcheson.
Vote to approve Accept the Agenda as amended. (Approved)
Item 4.C. was heard out of order, prior to the public hearing.
1. PUBLIC HEARINGS:
1.A. AMENDMENT TO A PREVIOUSLY APPROVED PLANNED DEVELOPMENT DISTRICT TO CHANGE THE USE FROM CONDOMINIUMS TO TIME-SHARE CONDOMINIUM HOTEL AT A 12-UNIT CONDOMINIUM PROJECT, LOCATED AT 588 SAN LORENZO ROAD (CASE 5.1171 AMND PDD 351):
Staff Report Item 1.A.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated December 14, 2011.
Councilmember Hutcheson requested staff address the deferral of Quimby Fees and Public Arts Fees.
Mayor Pro Tem Foat requested staff address the ownership of the property, and noted complaints surrounding the property.
Mayor Pougnet opened the public hearing, and the following speaker addressed the City Council.
LANCE ROBUT, Applicant, commented on the ownership of the property, the timeline for construction, and requested the City Council support the conversion.
No further speakers coming forward the public hearing was closed.
Motion to approve Adopt Resolution No. 23055, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PRELIMINARY AND FINAL PLANNED DEVELOPMENT DISTRICT AMENDMENT TO ADD TIME-SHARE CONDOMINIUM HOTEL USES TO THE LIST OF PERMITTED USES IN PDD 351, AT AN EXISTING 12-UNIT CONDOMINIUM PROJECT LOCATED AT 588 SAN LORENZO ROAD, ZONE R-3, SECTION 23 (CASE 5.1171 AMND PDD 351)." Moved by Councilmember Hutcheson, seconded by Mayor Pro Tem Foat.
Vote to approve Adopt Resolution No. 23055, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PRELIMINARY AND FINAL PLANNED DEVELOPMENT DISTRICT AMENDMENT TO ADD TIME-SHARE CONDOMINIUM HOTEL USES TO THE LIST OF PERMITTED USES IN PDD 351, AT AN EXISTING 12-UNIT CONDOMINIUM PROJECT LOCATED AT 588 SAN LORENZO ROAD, ZONE R-3, SECTION 23 (CASE 5.1171 AMND PDD 351)." (Approved)
PUBLIC COMMENT:
JOHN TYMON, commented on Measure "J," and the condition of buildings in the Downtown area.
BOB HELBLING, Palm Springs, congratulated Mayor Pro Tem Foat on her Athena Award, noted the process surrounding the remodel of the Saguaro Hotel, and commented on LED lighting and sustainability.
JOE PALMA, Desert Electric Supply, commented on Item 4.A., stated his support for the proposed energy proposals, and requested the City Council ensure that the local preference policy will be in effect for the projects.
MICHAEL MULCANY, commented on Item 4.A., stated his opposition to starting the plan prior to obtaining an independent third party review, commented on the costs, and stated the proposal does not provide sufficient savings to the City.
GALE WHEAT, requested the City Council consider adopting a resolution in support of Senate Joint Constitutional Amendment No. J.F. 33 regarding the rights of corporations.
FRANCES MILLER, requested the City Council consider adopting a resolution in support of Senate Joint Constitutional Amendment No. J.F. 33 regarding the rights of corporations.
NANCY GUITIERREZ, Palm Desert, requested the City Council consider adopting a resolution in support of Senate Joint Constitutional Amendment No. J.F. 33 regarding the rights of corporations.
CAROLYN KRAUSE, requested the City Council consider adopting a resolution in support of Senate Joint Constitutional Amendment No. J.F. 33 regarding the rights of corporations.
BOB THOMAS, Palm Springs, commented on Consent Calendar Item 2.I., stated the staff report received does not reflect the actions of the VillageFest Board, and noted the Board's concerns.
JOY MEREDITH, Palm Springs, commented on Item 2.I. regarding VillageFest rules and regulations, noted the concerns of MainStreet Vendors, and requested the City Council review the fees charged to merchant vendors.
COUNCILMEMBER COMMENTS:
Mayor Pougnet requested the City Clerk set-up interviews for Commission and Board vacancies.
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.J., 2.K. and 2.L. Moved by Councilmember Hutcheson, seconded by Councilmember Lewin.
Vote to approve Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.J., 2.K. and 2.L. (Approved)
2.A. REPORT ON THE POSTING OF THE AGENDA:
Staff Report Item 2.A.
2.B. TREASURER'S INVESTMENT REPORT AS OF SEPTEMBER 30, 2011:
Staff Report Item 2.B.
2.C. TIME LIMITED PARKING IN THE VICINITY OF ST. THERESA SCHOOL:
Staff Report Item 2.C.
2.D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF NOVEMBER 2011:
Staff Report Item 2.D.
2.E. AMENDMENT NO. 10 TO AGREEMENT NO. A5488 WITH ALLEN F. SMOOT & ASSOCIATES FOR OWNER’S REPRESENTATIVE SERVICES TO REFLECT AN EXTENSION OF THREE MONTHS ADDITIONAL START-UP SERVICES AT THE ANIMAL SHELTER PROJECT:
Staff Report Item 2.E.
2.F. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
Staff Report Item 2.F.
2.G. AMENDMENT NO. 2 TO THE FISCAL YEAR 2011-12 ALLOCATED POSITIONS AND COMPENSATION PLAN:
Staff Report Item 2.G.
2.H. AGREEMENT WITH FALCO ENTERPRISES, INCORPORATED, FOR THE PURCHASE OF TWO (2) POLICE CANINES, TWO (2) ACADEMY COURSES, MONTHLY MAINTENANCE TRAINING AND YEARLY CERTIFICATION:
Staff Report Item 2.H.
2.J. AMENDMENTS TO THE SKYWEST AIRLINES AND ATLANTIC AVIATION LEASE AGREEMENTS:
Staff Report Item 2.J.
2.K. ACCEPTANCE OF THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS (SLESF) GRANT FROM THE STATE OF CALIFORNIA, APPROVING AN EXPENDITURE PLAN AND APPROPRIATION:
Staff Report Item 2.K.
2.L. APPROVE REVISED CITY OF PALM SPRINGS’ INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) AND AUTHORIZE THE CITY MANAGER TO IMPLEMENT THE IIPP:
Staff Report Item 2.L.
EXCLUDED CONSENT CALENDAR:
2.I. MODIFICATIONS TO THE VILLAGEFEST RULES TO ALLOW DOWNTOWN AND UPTOWN MERCHANTS TO PARTICIPATE AS VENDORS IN VILLAGEFEST:
Staff Report Item 2.I.
Tom Wilson, Assistant City Manager, provided background information as outlined in the staff report dated December 14, 2011.
Councilmember Mills noted some of his concerns with merchant vendors as outlined by the VillageFest Board, noted than when the new streets are installed as part of Museum Market Place that infrastructure is installed in the middle of the street, stated he would prefer to have the rules changed only for the current season, limits the merchants to categories that currently exist, and noted that the Board should be able to review merchants to ensure the goods are in existing categories and not every merchant should be allowed a booth, stated the merchants should not be placed in one area of VillageFest, and requested staff address the fee structure, and stated fees for merchants should be equal to current VillageFest vendors.
Councilmember Lewin noted the concerns of merchants and the impact to local merchants for VillageFest, expressed concerns with some types of merchandise to be sold such as liquor, stated his support for a pilot program, and commented on the concern with the fee structure.
Councilmember Hutcheson stated his support for merchants to be allowed to participate and have the same fees as the vendors and be primary products of the store and not necessarily conform to the existing VillageFest categories, stated his support for a sunset provision for one year, and stated the vendor should be subject to the approval of the VillageFest Board.
Mayor Pro Tem Foat stated her concern for a process to allow for certain merchandise, merchandise should be within the current categories of VillageFest but perhaps the Board could make an exception for unique products, stated the fees for merchants should be lower than those for regular VillageFest vendors, but stated the same types of rules should apply to local merchants, and stated the local merchants should not be all bunched together.
Councilmember Lewin stated his support for broadening the scope and improved quality.
Councilmember Hutcheson indicated his support to limit to the current categories with the VillageFest Board to make exceptions.
Councilmember Mills stated if you make exceptions for the merchants, then you will have to make exceptions for the vendors as well, and indicated that the VillageFest Board may have difficultly in such determinations.
Councilmember Foat noted that under the current rules a large percentage of the goods must be hand created, and the merchants would not be able to qualify under such conditions.
VillageFest Chair Bob Thomas commented on the existing categories and stated the Board would be reviewing the categories, and hoped the City Council provide the Board flexibility with the categories and possible additions to the categories.
City Manager Ready stated the City wanted to open up VillageFest to local merchants, as such the local merchants would not be hand made goods, and it may be a burden for the Board to make a decision what merchandise the local merchants would be allowed at the event, but the Board would be put in that position, recommended such rule changes be for one season and refine the detail points at that time.
Councilmember Lewin requested the Board Chair address if such a model would be a burden to balance those decisions by merchants, and stated the decision to provide for a new merchant category would be defensible if controlled by the Board.
City Manager Ready stated that is one model, but requested the Board be tasked to create guidelines and criteria for any such appeal that may be filed.
Councilmember Hutcheson advised freedom to experiment and let the merchants try different products, and provide the Board with flexibility to deal with situations as they arise.
Councilmember Mills noted that the food category could be problematic for the VillageFest Board, requested the Board Chair address if the merchant could be located in front of their store.
Mayor Pro Tem Foat requested the VillageFest Board outline approaches to regulate local merchant's display of merchandise that may not reflect VillageFest, and requested the City Council consider a 50% discount for local merchant VillageFest permit fees.
Motion to Direct staff to administratively implement modifications to the VillageFest Rules for a trial period of one year, that allows local merchant vendors, subject to the following: (i) 50% reduction of VillageFest permit fees; (ii) vendors reviewed by the VillageFest Board for primary product with discretion by the VillageFest Board; (iii) not entitled to the current appeal process; and (iv) local merchant vendors are to be integrated into the event. Moved by Mayor Pro Tem Foat, seconded by Councilmember Mills.
Vote to Direct staff to administratively implement modifications to the VillageFest Rules for a trial period of one year, that allows local merchant vendors, subject to the following: (i) 50% reduction of VillageFest permit fees; (ii) vendors reviewed by the VillageFest Board for primary product with discretion by the VillageFest Board; (iii) not entitled to the current appeal process; and (iv) local merchant vendors are to be integrated into the event. (Approved)
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS:
4.A. CITYWIDE ENERGY MANAGEMENT PROJECT:
Staff Report Item 4.A.
David Barakian, City Engineer, and Marcus Fuller, Assistant City Engineer, provided background information as outlined in the staff report dated December 14, 2011, and a PowerPoint presentation.
Mayor Pougnet thanked City staff for the comprehensive staff report, and commented on the solar facility.
Councilmember Hutcheson requested staff address the monitoring program for the first five years, and commented on the electronic display at the Convention Center.
Councilmember Mills requested staff address the cost and savings for the lighting system and irrigation control retrofit and the central control systems combined with a specific location weather system, requested staff address the lack of redundancy by the elimination of the second Co-Gen plant, requested staff address increasing the load at the Sunrise Plant, look at the potential cost of adding the Boys and Girls Club and the Senior Center to the proposed solution, requested staff address the responsibilities of Chevron pursuant to the contract, the use of the procurement process, and stated this type of project would be relevant to a City Council subcommittee.
Councilmember Lewin requested staff address the cost of energy from SCE as opposed to generating the energy with the Co-Gen, and stated he is interested in seeing the third-party analysis on the redundancy with respect to the Co-Gen Plants, and commented on potential solar at the pool, requested staff address the chilling of the pool, and commented on the overall goals and savings from the proposed projects.
Motion to 1) Direct staff to move forward with Chevron Energy Solutions on the recommended list of Energy Conservation Measures to be included in the scope of the overall Citywide energy management project; 2) Approve the Comprehensive Energy Audit ("CEA") submitted by Chevron Energy Solutions dated July 20, 2011; 3) Direct staff to move forward with an independent third party review of the Citywide energy management project; and 4) Direct staff to include information on the connection to include the Boys and Girls Club and Mizell Senior Center at Sunrise Park. Moved by Mayor Pro Tem Foat, seconded by Councilmember Lewin.
Vote to 1) Direct staff to move forward with Chevron Energy Solutions on the recommended list of Energy Conservation Measures to be included in the scope of the overall Citywide energy management project; 2) Approve the Comprehensive Energy Audit ("CEA") submitted by Chevron Energy Solutions dated July 20, 2011; 3) Direct staff to move forward with an independent third party review of the Citywide energy management project; and 4) Direct staff to include information on the connection to include the Boys and Girls Club and Mizell Senior Center at Sunrise Park. (Approved)
The City Council recessed at 9:05 p.m.
The City Council reconvened at 9:12.
4.B. PROGRESS REPORT, UPDATE, AND DISCUSSION REGARDING THE PALM SPRINGS PROMENADE LLC DOWNTOWN REVITALIZATION PROJECT AT THE DESERT FASHION PLAZA LOCATED AT 123 NORTH PALM CANYON DRIVE:
Mayor Pougnet provided an update and a PowerPoint presentation on the Downtown Revitalization Project.
No action taken.
4.C. PRE-DEVELOPMENT FUNDING AGREEMENT WITH WESSMAN DEVELOPMENT COMPANY AND PALM SPRINGS PROMENADE, LLC, FOR THE REDEVELOPMENT OF CERTAIN REAL PROPERTY AT 123 NORTH PALM CANYON DRIVE AND A RESOLUTION DECLARING INTENTION TO REIMBURSE EXPENDITURES FROM THE PROCEEDS OF CERTAIN OBLIGATIONS AND DIRECTING CERTAIN ACTIONS (DESERT FASHION PLAZA):
Staff Report Item 4.C.
John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated December 14, 2011.
Councilmember Lewin requested staff address the insurance requirements as stipulated in the proposed agreement.
Motion to 1) Approve an agreement with Wessman Development Company and Palm Springs Promenade, LLC for the redevelopment of real property at 123 North Palm Canyon Drive, commonly known as the Desert Fashion Plaza; 2) Adopt Resolution No. 23064, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING INTENTION TO REIMBURSE EXPENDITURES FROM THE PROCEEDS OF CERTAIN OBLIGATIONS AND DIRECTING CERTAIN ACTIONS;" and 3) Adopt Resolution No. 23065, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE 2011-12 FISCAL YEAR BUDGET;" and 4) Authorize the City Manager to execute all necessary documents. A6184. Moved by Councilmember Mills, seconded by Mayor Pro Tem Foat.
Vote to 1) Approve an agreement with Wessman Development Company and Palm Springs Promenade, LLC for the redevelopment of real property at 123 North Palm Canyon Drive, commonly known as the Desert Fashion Plaza; 2) Adopt Resolution No. 23064, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING INTENTION TO REIMBURSE EXPENDITURES FROM THE PROCEEDS OF CERTAIN OBLIGATIONS AND DIRECTING CERTAIN ACTIONS;" and 3) Adopt Resolution No. 23065, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE 2011-12 FISCAL YEAR BUDGET;" and 4) Authorize the City Manager to execute all necessary documents. A6184. (Approved)
5. NEW BUSINESS:
5.A. REVIEW AND APPOINT CITY COUNCIL SUBCOMMITTEES AND CITY COUNCIL LIAISONS TO OUTSIDE ORGANIZATIONS AND CITY COMMISSIONS AND BOARDS:
Staff Report Item 5.A.
The Members of the City Council indicated they would not participate in the discussion or the vote, for each appointment of the individual Councilmember, should such appointment provide for the payment of a stipend.
ACTION:
1) Direct the City Clerk to delete the following appointments to external organizations: CVAG Human/Community Resources and Palm Springs Economic Development Corporation and 2) the Pacific Housing Finance (PHFA) is to be included in the City Council Subcommittee on Sustainability.
By consensus of the City Council.
ACTION:
Modify the alternate appointment to the CVAG Homelessness Committee to Councilmember Lewin.
By consensus of the City Council, noting the absence of Councilmember Lewin.
ACTION:
Modify the designee appointment to the CVAG Public Safety Committee to Councilmember Lewin.
By consensus of the City Council, noting the absence of Councilmember Lewin.
ACTION:
Modify the designee appointment to the CVAG Transportation Committee to Mayor Pro Tem Foat.
By consensus of the City Council, noting the absence of Mayor Pro Tem Foat.
ACTION:
Modify the alternate appointment to the CVAG Transportation Committee to Councilmember Lewin.
By consensus of the City Council, noting the absence of Councilmember Lewin.
ACTION:
Modify the alternate appointment to the Coachella Valley Conservation Commission to Mayor Pro Tem Foat.
By consensus of the City Council, noting the absence of Mayor Pro Tem Foat.
ACTION:
Modify the designee appointment to the Riverside County Transportation Commission to Mayor Pro Tem Foat.
By consensus of the City Council, noting the absence of Mayor Pro Tem Foat.
ACTION:
Modify the alternate appointment to the Riverside County Transportation Commission to Mayor Pougnet.
By consensus of the City Council, noting the absence of Mayor Pougnet.
ACTION:
Modify the designee appointment to Sunline to Councilmember Hutcheson, effective January 26, 2012.
By consensus of the City Council, noting the absence of Councilmember Hutcheson.
ACTION:
Modify the alternate appointment to Sunline to Mayor Pougnet, effective January 26, 2012.
By consensus of the City Council, noting the absence of Mayor Pougnet.
ACTION:
1) Modify the alternate appointment to the Palm Springs Chamber of Commerce to Councilmember Lewin; 2) Modify the alternate appointment to the Riverside County Community Action Commission to Councilmember Mills; and 3) Modify the designee appointment to the Eastern Riverside County Interoperability Regional Authority (ERICA) to Councilmember Lewin.
By consensus of the City Council.
ACTION:
Appoint Councilmember Lewin and Councilmember Hutcheson to the Housing City Council Standing Subcommittee.
By consensus of the City Council.
ACTION:
1) Appoint Councilmember Mills and Councilmember Hutcheson to the Palm Springs Disposal Services Contract Renewal ad hoc City Council Subcommittee; 2) Appoint Mayor Pro Tem Foat and Councilmember Mills to the Parks Master Plan ad hoc City Council Subcommittee; 3) Appoint Mayor Pougnet and Mayor Pro Tem Foat to the Fiscal Year 2012-13 Budget ad hoc City Council Subcommittee; 4) Appoint Councilmember Lewin and Councilmember Mills to the Library Remodel/Expansion ad hoc City Council Subcommittee; 5) Appoint Councilmember Hutcheson and Councilmember Foat to the College of the Desert ad hoc City Council Subcommittee; 6) Appoint Mayor Pougnet and Councilmember Lewin to the Special Event ad hoc City Council Subcommittee; 7) Appoint Mayor Pougnet and Councilmember Mills to the Museum Market Plaza Project Financing Agreement Implementation/Monitoring ad hoc City Council Subcommittee; and 8) Appoint Councilmember Mills and Councilmember Lewin to the Citywide Energy Project ad hoc City Council Subcommittee.
By consensus of the City Council.
ACTION:
Direct the City Clerk to delete the following City Council ad hoc subcommittees: 1) 2011 General Plan Housing Element Update; 2) Police Chief Selection Process; 3) Traffic Calming and Incorporation of Bike Lanes; 4) ComDyn Affordable Housing Project; 5) Business Improvement District Candidate Selection (appoint as part of the City Council’s annual recruitment of Boards and Commissions; 6) Business Improvement District Modifications; 7) FY 2010-11 Budget; 8) WWTP; 9) Campaign Finance Reform; 10) Tourism/Convention Center; 11) TRENO Tahquitz Creek Mini Park (move into Parks Master Plan); 12) Animal Shelter; and 13) Desert Fashion Plaza.
By consensus of the City Council.
Councilmember Mills stated he has a business related conflict of interest with respect to Item 5.B., would not participate in the discussion or the vote, and left Council Chamber.
5.B. PROPOSED REVISIONS TO MAINTENANCE, LANDSCAPING, AND AN AMENDMENT TO THE SIGN PROGRAM AT THE EL MIRADOR BUILDING, A CLASS 1 HISTORIC PROPERTY AT 1150 NORTH INDIAN CANYON DRIVE (DESERT REGIONAL MEDICAL CENTER) (HSPB 1):
Staff Report Item 5.B.
Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated December 14, 2011.
Motion to approve 1) Adopt a Certificate of Approval to amend the maintenance, landscaping, and sign programs for the El Mirador Building (HSPB 1) located at 1150 North Indian Canyon Drive; and 2) Direct staff to prepare a resolution that provides for the Historic Site Preservation Board to approve future Certificates of Approval for the subject property. Moved by Mayor Pougnet, seconded by Mayor Pro Tem Foat.
Vote to approve 1) Adopt a Certificate of Approval to amend the maintenance, landscaping, and sign programs for the El Mirador Building (HSPB 1) located at 1150 North Indian Canyon Drive; and 2) Direct staff to prepare a resolution that provides for the Historic Site Preservation Board to approve future Certificates of Approval for the subject property. (Approved)
Councilmember Mills returned to the dais.
COUNCILMEMBER COMMENTS, REQUESTS, AND REPORTS:
Mayor Pougnet commented on meetings with Supervisor Benoit regarding the Countywide Parks Plan, and provided an update on SunLine.
ADJOURNMENT:
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