Loading...
HomeMy WebLinkAbout2006-07-12 CC MINUTES PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, JULY 12, 2006 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6:07 P.M. PLEDGE OF ALLEGIANCE: Mayor Oden led the Pledge. ROLL CALL: PRESENT: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, Mayor Pro Tem Foat, and Mayor Oden. ABSENT: None. ALSO PRESENT:City Manager Ready, City Attorney Holland, City Clerk Thompson. REPORT OF CLOSED SESSION: One Item was added to the Closed Session Agenda as Item 1.D. under Government Code Section 54956.8 Conference with Real Property Negotiator for the Winters Parcel to consider negotiations with Frank Tysen and give direction to the City's negotiator David Ready. Motion by Councilmember Pougnet, seconded by Councilmember McCulloch and unanimously carried on a 4-0 vote noting the absence of Mayor Oden. City Attorney Holland reported that at 4:00 P.M. the meeting was called to order and the City Council recessed into Closed Session to discuss matters on the Closed Session Agenda. The Community Redevelopment Agency Members provided direction to the City Manager with respect to the Winters Parcel. ACCEPTANCE OF THE AGENDA: City Clerk Thompson stated staff requests the City Council continue Item 4.A. to July 19, 2006. City Attorney Holland requested the City Council continue Item 1.A. to July 19, 2006 and Direct the City Clerk to post a notice of continued public hearing. Councilmember McCulloch noted his business related abstention on Item 2.C. Warrant No. 1013842. Councilmember Pougnet noted his reimbursement related abstention on Item 2.C, Warrant No. 1014025. Councilmember Mills noted his reimbursement related abstention on Item 2.C. Warrant No. 1014024 and his business related abstention on Item 2.E. City Council Minutes July 12, 2006 Page 2 Mayor Pro Tern Foat and Mayor Oden noted their abstention on Item 2.B., the ' Minutes of July 5, 2006. ACTION: Accept the agenda as amended. Motion Councilmember Pougnet, seconded by Councilmember McCulloch and unanimously carried on a roll call vote. PRESENTATIONS: None. COUNCILMEMBER COMMENTS AND REQUESTS: Mayor Oden thanked the City Council and the citizens of Palm Springs for the best wishes and their patience while he was recovering from his surgery. CITY MANAGER'S REPORT: None. 1. PUBLIC HEARING: 1.A. THE PALMS HOTEL - CASE NO. 5,1089, PLANNED DEVELOPMENT DISTRICT 322, AN APPLICATION FOR THE DEVELOPMENT OF A FOUR-STORY BOUTIQUE HOTEL WITH 51 ROOMS INCLUDING 11 SUITES, ROOF TERRACE AREA WITH CABANAS, A RESTAURANT, A BAR, A WATER FEATURE, AND SWIMMING POOL ON ' APPROXIMATELY 36,217 SQUARE FEET SITE LOCATED AT THE SOUTHWEST CORNER OF TAHQUITZ CANYON AND CAHUILLA ROAD: ACTION: 1) Continue the Public Hearing to July 19, 2006; and 2) Direct the City Clerk to post a notice of continued public hearing. Approved as part of Acceptance of the Agenda. 1.B. PLANNED DEVELOPMENT PD 314 AND TTM 33575 (CASE NO. 5.1056), APPLICATION BY PALM CANYON 102, L.P. FOR A PLANNED DEVELOPMENT AND A TENTATIVE TRACT MAP TO ALLOW DEVELOPMENT OF 26 LIVE WORK UNITS, 70 ATTACHED TOWNHOMES AND 15,000 SQUARE FEET OF COMMERCIAL SPACE ON A 11.7 ACRE SITE LOCATED EAST OF SOUTH PALM CANYON AND SOUTH OF THE TAHQUITZ CREEK CHANNEL, ZONE C-1, SECTION 23, APN 508-172-005, 508-172-006, AND 508-172-007: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated July 12, 2006. Mayor Oden opened the public hearing, and the following speakers addressed the City Council. TED SNYDER, Representing Applicant, provided information on the ' revised plans and proposals for the project. City Council Minutes July 12, 2006 Page 3 JAY REYNOLDS, Representing Applicant, provided information on the access points and additional open space. APRIL HILDNER, Palm Springs, commented on the developer working with the existing neighborhood, the reversing certain homes within the development and the addition of the park. MIKE HUTCHISON, provided positive comments on the developer and requested support of the project. PETER MORUZZI, Palm Springs, stated his support for the project. No further speakers coming forward the public hearing was closed. Councilmember Mills commented on the opening of the site scheme, and requested staff address the status of the application and review by the Architectural Advisory Committee and the Planning Commission. Councilmember Pougnet commented on the improvements of the development and the positive comments for the Developer working with the neighborhood. Mayor Pro Tern Foat commented on the Developer's modifications to the site plan and thanked the Developer for working with the neighborhood, requested the Applicant address the size of the Community Building. Councilmember McCulloch expressed his appreciation of the Developer for working the neighborhood. Mayor Oden commented on the changes to the project and the diligence of the Developer in exceeding the prior requests of the City Council. Councilmember Pougnet requested the Applicant address the modified Conditions of Approval. Councilmember Mills commented on the proposed modifications to pedestrian and safety lighting. Councilmember McCulloch requested the Applicant address pavers in the entry area and other areas. Councilmember Pougnet requested the Applicant address the proposed modifications to lighting. City Council Minutes July 12, 2006 Page 4 Councilmember Mills clarified his request for pavers or textured ' concrete. ACTION: 1) Adopt Resolution No. 21634, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 5.1056, PD 314, AND TTM 33575 - AN APPLICATION BY PALM CANYON 102 L.P., FOR A MIXED-USE DEVELOPMENT CONSISTING OF 26 LIVE-WORK UNITS, 80 TWO- STORY ATTACHED TOWNHOMES AND 15,000 SQUARE FEET OF RETAIL SPACE LOCATED ON 11.71 ACRES BOUND BY THE TAHQUITZ CREEK CHANNEL TO THE NORTH AND RANDOM ROAD TO THE EAST" providing that the Preliminary PD does not have to return to the Planning Commission or Architectural Review, only the Final PD; the retail units be re-submitted for Preliminary. Architectural approval, amend the Conditions of Approval to provide forthe modifications and additional traffic calming measures on Mesquite Avenue subject to approval by the City Engineer, allow for modifications and enhancements to the South parking and drive subject to the approval of the City Engineer, add a condition to provide that the Commercial District frontage road and parking area surfaces be completed with pavers or decorative paving, be pedestrian oriented and night-lighting with a theme ' fixture. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. PUBLIC COMMENT: MARC BRESLOW, Cathedral City, requested the City Council consider a pilot program to add safety signs on the reverse of the stop signs throughout the City. GREG DAY, Palm Springs, commented on the creation of the Chino Cone Preservation Fund to purchase land for open space and requested the City Council postpone the adoption of an ordinance for 6-weeks. STEVE SIMS, commented on the proposed Height Limit petition and requested the City Council keep the limits as currently adopted. NANCY BROWN, Palm Springs, commented on Height Limits in the Downtown area and responsible development and change. PETER MORUZZI, Palm Springs, commented on the proposed ordinance for the Chino Cone with respect to Planning Areas 5A and 5B and impacts to the Visitors Center. ALDEN GODFREE, commented on the Height Limits petition and the ability to ' vote on the measure. City Council Minutes July 12, 2006 Page 5 DENNIS CUNNINGHAM, Palm Springs, commented on the Chino Cone grading ' areas and a re-naturalization process and modeling for proposed development. JOHN TYMON, commented on the Height of the Hyatt Hotel and limiting height in Downtown Palm Springs. i JONO HILDNER, Palm Springs, commented on the draft Chino Cone Ordinance and the differences in the proposed ordinance from that of the Planning Commission, requested a reduction in the density of all Planning Areas. MICHAEL MARTIN, commented on the petition regarding Height Limits in the Downtown area. JOY MEREDITH, Palm Springs, commented on the development and businesses i in the Downtown area. i MARTIN ROOS, Commented on the proposed ordinance for the Chino Cone, open space designations as natural open space, density, and trails. MATT BOUSQUETTE, Palm Springs, commented on issues with Homelessness in i Sunrise Park and requested the City Council take action on the Urgency ' Ordinance. i FLORENCE KLASSEN, Palm Springs, commented on the petition to limit height in the Downtown area. JOAN MARTIN, Palm Springs, commented on the petition to limit height and development in the Downtown area, and requiring story-poles. JULIE WARREN, Palm Springs, commented on homeless issues in Sunrise Park and requested the City Council adopt the Urgency Ordinance Item &A, ANITA BLAIR MARTIN, commented on building heights in the Downtown area and requested the opportunity to vote on the subject_ JAMES CIOFFI, Palm Springs, expressed his thanks to the City Council and stated his support of the Citizens Task Force Recommendations for Planning Area 5 for the Chino Cone Ordinance. BOB HELBLING, Palm Springs, commented on the petition to limit height in the Downtown area. VIC GAINER, Palm Springs, commented on the activities of Well of the Desert, commented on the draft ordinance for the Chino Cone and the referendum. City Council Minutes July 12, 2006 Page 6 ROXANN PLOSS, commented on the petition to limit the height in the Downtown ' area and the Downtown Urban Design Guidelines. The City Council recessed at 8:06 P,M_ The City Council reconvened at 8:17 P.M. City Attorney Holland provided information on the petition to limit height in the Downtown area. Mayor Oden commented on the process with respect to the City on the height initiative. Mayor Pro Tem Foat requested the City Attorney address the City Council on the Referendum. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., and 2.E. Motion Councilmember Mills, seconded by Mayor Pro Tom Foat and unanimously carried on a roll call vote. 2.A. REPORT ON POSTING OF THE AGENDA: ACTION: Receive and file Report on the Posting of the July 12, 2006, ' City Council Agenda. Approved as part of the Consent Calendar. 2,B, APPROVAL OF MINUTES: ACTION: Approve the City Council Minutes of July 5, 2006. Approved as part of the Consent Calendar, noting the abstention of Mayor Oden and Mayor Pro Tom Foat. 2.C. APPROVAL. OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 21635, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1014024, 1014025 AND 1013842 IN THE AGGREGATE AMOUNT OF $4,964.57 DRAWN ON BANK OF AMERICA" noting the business related abstention for Warrant No. 1013842 bV Councilmember McCulloch„ the reimbursement related abstention for Warrant No. 1014025 by Councilmember Pougnet and the reimbursement related abstention for Warrant No. 1014024 by Councilmember Mills; 2) Adopt Resolution No. 21636, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1014107 THROUGH 1014384 IN THE AGGREGATE AMOUNT OF $2,412,753.65 DRAWN ON BANK OF AMERICA;" and 3) Adopt Resolution No. ' 21637, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS City Council Minutes July 12, 2006 Page 7 AND DEMANDS BY WARRANT NUMBERED 1014385 IN THE AMOUNT OF $3,510.00 DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar. 2.D. BUDGET TRANSFER TO CAPITAL PROJECTS FUND AND CONTINUING APPROPRIATIONS: ACTION: 1) Adopt Resolution No. 21638,"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2005-06;" and 2) Adopt Resolution No. 21639, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CONTINUING APPROPRIATIONS FROM FISCAL YEAR 2005-06 TO FISCAL YEAR 2006-07." Approved as part of the Consent Calendar. 2.E. PURCHASE OF TABLES FOR CONVENTION CENTER: ACTION: Adopt Minute Order No. 7886, Approving the cooperative purchase of 780 tables for the Convention Center in the amount of $124,563.09 from MityLite, Inc, via the State of Utah contract. i Approved as part of the Consent Calendar, noting the abstention of Councilmember Mills. 3. LEGISLATIVE: 3.A. INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS ADOPTING ADDITIONAL REGULATORY PROVISIONS GOVERNING THE USE OF PARKS, STREETS, AND PUBLIC AREAS: City Manager Ready and City Attorney Holland provided background information as outlined in the staff report dated July 12, 2006. Mayor Pro Tem Foat requested the City Manager address the prohibition on the grass around the Library and the installation of a barrier, and commented on a grievance procedure for the homeless. Councilmember Pougnet requested the City Manager commented on the schedule of license agreement with the Well in the Desert. Councilmember Mills requested staff address the posting of signs. Mayor Oden stated the City needs a comprehensive program to address these issues in the parks and conduct in public places. Mayor Pro Tern Foat requested staff address Section 5 in the proposed ordinance. Councilmember Mills further requested clarification and concern with respect to Section 5 of the ordinance City Council Minutes July 12, 2006 Page 8 ACTION: 1) Waive reading of the Ordinance text and adopt by title , only; and 2) Adopt Ordinance No. 1694, "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS ADOPTING ADDITIONAL REGULATORY PROVISIONS GOVERNING THE USE OF PARKS, STREETS, AND PUBLIC AREAS" amending Section XQL2) to read in accordance with the provisions of Section 11.76,060 et, sew, and to amend Section 5 to provide for enforcement after a warning and the placement of signs. Motion Councilmember McCulloch, seconded by Mayor Oden and unanimously carried on a roll call vote. 4. UNFINISHED BUSINESS: 4.A. APPROVAL OF PROPOSED LICENSE AGREEMENT WITH THE WELL IN THE DESERT TO OPERATE A HOT MEAL, FEEDING PROGRAM, LOCATION COMMONLY KNOWN AS THE FREY BUILDING, 1901 EAST BARISTO ROAD, PALM SPRINGS: ACTION: Continue to July 19, 2006. Approved as part of Acceptance of the Agenda. 5. NEW BUSINESS: 5.A. DESIGNATION OF VOTING DELEGATE AND ALTERNATE FOR THE , 2006 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE: ACTION: 1) Designate Mayor Pro Tern Foat as the voting delegate for the 2006 League of California Cities Annual Conference. Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried on a roll call vote. S.B. APPOINTMENTS TO THE HISTORIC SITE PRESERVATION BOARD AND THE ADMINISTRATIVE APPEALS BOARD FOR THE 2006 ANNUAL RECRUITMENT PROCESS: Mayor Oden stated the City Council subcommittee recommends Brian Strahl to the Historic Site Preservation Board and Bernard Sherwyn to the Administrative Appeals Board. ACTION: 1) Appoint Brian Strahl to the Historic Site Preservation Board for the term ending June 30, 2009; and 2) Appoint Bernard Sherwyn to the Administrative Appeals Board for the term ending June 30, 2009. Motion Mayor Oden, seconded by Councilmember McCulloch and unanimously carried on a roll call vote. SS. STUDY SESSION: SS1. DISCUSSION AND DIRECTION ON A DRAFT ORDINANCE FOR THE CHINO , CONE AND ADJACENT AREAS: i City Council Minutes .July 12, 2006 Page 9 Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated July 12, 2006. Mayor Pro Tem Foat requested staff provide a list of items that the Planning Commission recommended that were not included in the draft ordinance, and commented on some of the Planning Commission's recommendations, requested staff address the changes to the Snow Creek area, average lot size, and commented on strict rules in lieu of guiding principles, computer scenarios to assist in the visualization of the area, and requested staff address the timing of adopting this ordinance. Councilmember Pougnet requested staff address the specific plan process, mandatory requirements, adding a mountain ordinance planning area. i Councilmember McCulloch commented on the timing of the issue of adopting this ordnance and the expiration of the urgency ordinance, stated he would request hearing from the stakeholders and other interested parties. Councilmember Pougnet requested the City Attorney address the ramifications of the expiring urgency ordinance. jCouncilmember Mills commented on the use of guidelines as opposed to absolute mandates, use of simulations, use of specific plans and Planned Districts, definition of environmentally sensitive, clustering multiple family or resort projects, non-habitable architectural projections, split-level height, rows of trees, natural v. re-naturalized, total open space, the requirement of the Task Force for open space along Tramway, Master Plan for trails, drainage master plan for the Chino Cone, energy conservation, and findings include "quality project." ACTION: Continue past the 10:00 P.M. tentative adjournment time. Motion Councilmember Pougnet, seconded by Councilmember Mills and unanimously carried. i Mayor Oden commented on the timing issues, guidelines v. mandatory, findings to include quality project, Trails Master Plan, energy guidelines, and requested a report of the subcommittee. Mayor Pro Tem Foat commented on the timing of the adoption of the proposed ordinance, guidelines v. mandatory requirements, and computer simulations. Councilmember McCulloch requested a document file of the draft ordinance, requested the Task Force review the concept of open space v. recreational use. City Council Minutes July 12, 2006 Page 10 The City Council discussed the next-step in the process and recommended ' the final ordinance not return to the City Council until September 6, 2006, with an additional session for further discussion. Mayor Pro Tem Foat requested that requirements or standards for Developer Financing and/or bonding be included in the final ordinance. COUNCILMEMBER COMMENTS AND REPORTS: Councilmember Pougnet commented on the petition to limit height in the Downtown area and Downtown Urban Design Guidelines and his vision for the Downtown area. Councilmember Mills requested staff address the CVWD fence which is covered with debris at the entry to the City, illegal banners near the prior Visitors Center building, and requested staff review issues of two abandoned houses on Racquet Club Road. Councilmember McCulloch commented on the petition regarding height limits in the Downtown area and the involvement of the City in the process. ADJOURNMENT: The City Council adjourned at 10:45 P.M. to the Regular Meeting, Wednesday, July 19, 2006, 2006, at 6:00 P.M., City Hall Council Chamber, preceded by a Closed Session at 4:00 P.M., City Hall Small Conference Room, 3200 Tahquitz Canyon Way. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS I9T" DAY OF JULY, 2006, MAYOR ATTEST: ' y Clerk