HomeMy WebLinkAbout2006-09-06 STAFF REPORTS 2B PALM SPRINGS CITY COUNCIL
MINUTES
WEDNESDAY, JULY 19, 2006
CITY COUNCIL CHAMBER
CALL TO ORDER: Mayor Oden called the meeting to order at 6:13 P.M.
PLEDGE OF ALLEGIANCE: Mayor Oden led the Pledge.
INVOCATION: Pastor Bill Johnson, Palm Springs Presbyterian, led the Invocation.
Mayor Oden requested the City Council adjourn in memory of Desert Hot Springs Mayor
Pro Tern Gary Bosworth.
ROLL CALL:
PRESENT: Mayor Oden, Mayor Pro Tern Foat, Councilmember McCulloch,
Councilmember Pougnet, and Councilmember Mills.
ABSENT: None.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
REPORT OF CLOSED SESSION: City Attorney Holland stated that at 4:00 P.M. the
City Council called the meeting to order and recessed into Closed Session to discuss
the Items 4.A. and 4.B_ on the posted Closed Session Agenda. No reportable Actions
were taken.
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson stated that staff requested Public Hearing Item 1.C. be continued
to July 26, 2006 and to direct the City Clerk to post a Notice of Continued Public
Hearing.
Councilmember Pougnet requested a correction to the Minutes of July 12, 2006
clarifying his abstention request on Item 2.B. on the Minutes.
Mayor Pro Tern Foat requested staff notify all phases of the Palm Springs Country Club
Residents of the Approval of Consent Calendar Item 2.J. Acceptance of Public Sewer
Easements in the Palm Springs Country Club area.
ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded
by Councilmember Pougnet and unanimously carried on a roll call vote.
ITEM NO. Z
City Council Minutes
July 19, 2006
Page 2
1. PUBLIC HEARINGS:
1.A. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS CITYWIDE STREET
LIGHTING AND PARKWAY MAINTENANCE DISTRICTS, FISCAL YEAR
2006-07:
David Barakian, City Engineer, provided background information as outlined in
the staff report dated July 19, 2006.
Mayor Oden opened the public hearing, and no speakers coming forward the
public hearing was closed.
The City Council directed the City Clerk to tabulate and canvass the vote for the
protest proceedings and moved on in the meeting.
City Clerk Thompson stated the results of the protest proceedings:
District 1 YES 868.77 (34%) NO 1,660.47 (66%) (FAILED)
District 2 YES 1,402.40 (28%) NO 3,693.04 (72%) (FAILED)
District 4 YES 194.60 (9%) NO 2,043.30 (91%) (FAILED)
District 6B YES 466.89 (18%) NO 2,088.64 (82%) (FAILED)
District 6C YES 4,122.70 (59%) NO 2,885.89 (41%) (PASSED)
District 8 YES 4,052.36 (38%) NO 6,546.12 (62%) (FAILED)
District 9 YES 4,621.95 (42%) NO 6,470.73 (58%) (FAILED)
Mayor Oden requested staff address the subsidy of the General Fund to the
Districts and options. City Manager Ready provided information on the subsidy
and stated staff will work on reducing the services to the Districts that did not
approve an increase.
Mayor Oden requested staff address the process of the Assessment Districts and
requested a summary regarding Proposition 218 with respect to the
Assessments.
ACTION: Approve the increase in District 6C, and approve Districts 3, 6.A., 7,
and 10 Zane 1 and zone 2.
1. Adopt Resolution No. 21652, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE
RESULTS OF A PROPERTY OWNER PROTEST PROCEEDING
RELATED TO THE PROPOSED ASSESSMENT INCREASE AND
APPROVING CERTAIN ACTIONS RELATED THERETO FOR FISCAL
YEAR 2006-07 FOR THE PALM SPRINGS PARKWAY MAINTENANCE
❑ISTRICT NO. 6C."
City Council Minutes
July 19, 2006
Page 3
2. Adapt Resolution No. 21653, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR
APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT
REGARDING THE PROPOSED ASSESSMENT INCREASE FOR FISCAL
YEAR 2006-07 FOR THE PALM SPRINGS PARKWAY MAINTENANCE
DISTRICT NO. 6C."
3. Adopt Resolution No. 21654, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE
LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR
2006-07 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE
DISTRICT NO. 6C."
4. Adopt Resolution No. 21661, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR
APPROVING THE FINAL ENGINEER'S ANNUAL. LEVY REPORT FOR
FISCAL YEAR 2006-07 FOR THE PALM SPRINGS STREET LIGHTING
MAINTENANCE DISTRICT NO. 3."
5, Adopt Resolution No. 21662, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE
LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR
2006-07 WITHIN THE PALM SPRINGS STREET LIGHTING
MAINTENANCE DISTRICT NO. 3_"
6. Adapt Resolution No. 21663, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR
APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT FOR
FISCAL YEAR 2006-07 FOR THE PALM SPRINGS PARKWAY
MAINTENANCE DISTRICT NO. 6A."
7. Adopt Resolution No. 21664, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE
LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR
2006-07 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE
DISTRICT NO. 6A."
8. Adopt Resolution No. 21665, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR
APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT FOR
FISCAL YEAR 2006-07 FOR THE PALM SPRINGS PARKWAY
MAINTENANCE DISTRICT NO. 7."
9. Adopt Resolution No. 21666, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE
LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR
City Council Minutes
July 19, 2006
Page 4
2006-07 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE
DISTRICT NO. 7."
10. Adopt Resolution No. 21667, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR
APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT FOR
FISCAL YEAR 2006-07 FOR THE PALM SPRINGS PARKWAY
MAINTENANCE DISTRICT NO. 10, ZONE 1 AND ZONE 2."
' 11. Adopt Resolution No. 21668, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE
' LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR
2006-07 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE
DISTRICT NO. 10, ZONE 1 AND ZONE 2."
Motion Councilmember Pougnet, seconded by Mayor Pro Tern Foat and
unanimously carried on a roll call vote.
City Manager Ready indicated the City Council needs to take some action on the
other districts by approving the existing assessment and possible reduction in
services.
ACTION. Approve Resolutions for Districts 1, 2, 4, 613, 8 and 9; and direct staff to
return with recommendations with the intent that the City does not pay more for
the district than the assessment.
12. Adopt Resolution No. 21640, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE
RESULTS OF A PROPERTY OWNER PROTEST PROCEEDING
RELATED TO THE PROPOSED ASSESSMENT INCREASE AND
APPROVING CERTAIN ACTIONS RELATED THERETO FOR FISCAL
YEAR 2006-07 FOR THE PALM SPRINGS STREET LIGHTING
MAINTENANCE DISTRICT NO. 1."
13. Adopt Resolution No. 21641, "A RESOLUTION OF THE. CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR
APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT
REGARDING THE PROPOSED ASSESSMENT INCREASE FOR FISCAL
YEAR 2006-07 FOR THE PALM SPRINGS STREET LIGHTING
MAINTENANCE DISTRICT NO. 1"
14. Adopt Resolution No. 21642, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE
LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR
2006-07 WITHIN THE PALM SPRINGS STREET LIGHTING
MAINTENANCE DISTRICT NO. 1."
City Council Minutes
July 19, 2006
Page 5
15. Adopt Resolution No. 21643, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE
RESULTS OF A PROPERTY OWNER PROTEST PROCEEDING
RELATED TO THE PROPOSED ASSESSMENT INCREASE AND
APPROVING CERTAIN ACTIONS RELATED THERETO FOR FISCAL
YEAR 2006-07 FOR THE PALM SPRINGS STREET LIGHTING
MAINTENANCE DISTRICT NO. 2."
16. Adopt Resolution No. 21644, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR
APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT
REGARDING THE PROPOSED ASSESSMENT INCREASE FOR FISCAL
YEAR 2006-07 FOR THE PALM SPRINGS STREET LIGHTING
MAINTENANCE DISTRICT NO. 2."
17. Adopt Resolution No. 21645, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE
LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR
2006-07 WITHIN THE PALM SPRINGS STREET LIGHTING
MAINTENANCE DISTRICT NO. 2."
18. Adopt Resolution No. 21646, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE
RESULTS OF A PROPERTY OWNER PROTEST PROCEEDING
RELATED TO THE PROPOSED ASSESSMENT INCREASE AND
APPROVING CERTAIN ACTIONS RELATED THERETO FOR FISCAL
YEAR 2006-07 FOR THE PALM SPRINGS STREET LIGHTING
MAINTENANCE DISTRICT NO. 4."
19. Adopt Resolution No. 21647, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR
APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT
REGARDING THE PROPOSED ASSESSMENT INCREASE FOR FISCAL
YEAR 2006-07 FOR THE PALM SPRINGS STREET LIGHTING
MAINTENANCE DISTRICT NO. 4."
20. Adopt Resolution No. 21648, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE
LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR
2006-07 WITHIN THE PALM SPRINGS STREET LIGHTING
MAINTENANCE DISTRICT NO. 4."
21. Adopt Resolution No. 21649, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE
RESULTS OF A PROPERTY OWNER PROTEST PROCEEDING
City Council Minutes
July 19, 2006
Page 6
RELATED TO THE PROPOSED ASSESSMENT INCREASE AND
APPROVING CERTAIN ACTIONS RELATED THERETO FOR FISCAL
YEAR 2006-07 FOR THE PALM SPRINGS PARKWAY MAINTENANCE
❑ISTRICT NO. 6B."
22. Adopt Resolution No. 21650, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR
APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT
REGARDING THE PROPOSED ASSESSMENT INCREASE FOR FISCAL
YEAR 2006-07 FOR THE PALM SPRINGS PARKWAY MAINTENANCE
DISTRICT NO. 6B."
23. Adopt Resolution No. 21651, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE
LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR
2006-07 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE
DISTRICT NO. 6B."
24. Adopt Resolution No. 21655, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE
RESULTS OF A PROPERTY OWNER PROTEST PROCEEDING
RELATED TO THE PROPOSED ASSESSMENT INCREASE AND
APPROVING CERTAIN ACTIONS RELATED THERETO FOR FISCAL
YEAR 2006-07 FOR THE PALM SPRINGS PARKWAY MAINTENANCE
DISTRICT N0. 8_"
25. Adopt Resolution No. 21656, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR
APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT
REGARDING THE PROPOSED ASSESSMENT INCREASE FOR FISCAL
YEAR 2006-07 FOR THE PALM SPRINGS PARKWAY MAINTENANCE
DISTRICT NO. 8."
26. Adopt Resolution No. 21657, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE
LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR
2006-07 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE
DISTRICT NO. 8."
27. Adopt Resolution No. 21658, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE
RESULTS OF A PROPERTY OWNER PROTEST PROCEEDING
RELATED TO THE PROPOSED ASSESSMENT INCREASE AND
APPROVING CERTAIN ACTIONS RELATED THERETO FOR FISCAL
YEAR 2006-07 FOR THE PALM SPRINGS PARKWAY MAINTENANCE
DISTRICT NO. 9."
City Council Minutes
July 19, 2006
Page 7
28. Adopt Resolution No. 21659, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR
APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT
REGARDING THE PROPOSED ASSESSMENT INCREASE FOR FISCAL
YEAR 2006-07 FOR THE PALM SPRINGS PARKWAY MAINTENANCE
DISTRICT NO. 9."
29. Adopt Resolution No. 21660, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE
LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR
2006-07 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE
DISTRICT NO. 9."
Motion Councilmember Mills, seconded by Councilmember McCulloch and
unanimously carried on a roll call vote.
1.6. PLACEMENT OF PUBLIC NUISANCE ABATEMENT FEES ON THE
PROPERTY TAX ROLLS:
Don Duckworth, Director of Building and Safety, provided background
information as outlined in the staff report dated July 19, 2006.
The owner of the property 580 South Desert View paid the abatement costs and
the lien will not be assessed to this property.
Mayor Pro Tern Foat requested staff address the next step in the process and if
the property returns to the state which required the abatement.
Mayor Oden requested staff address the follow-up on the abated and nuisance
properties.
Mayor Oden opened the public hearing, and no speakers coming forward the
public hearing was closed.
ACTION:
1. Adopt Resolution No. 21669, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS CONFIRMING THE REPORT OF
PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE
ABATEMENT LIEN LOCATED AT 572 AVENIDA CERCA."
2. Adopt Resolution No. 21670, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS CONFIRMING THE REPORT OF
PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE
ABATEMENT LIEN LOCATED AT 578 AVENIDA CERCA."
City Council Minutes
July 19, 2006
Page 8
3. Adopt Resolution No. 21671, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS CONFIRMING THE REPORT OF
PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE
ABATEMENT LIEN LOCATED AT 586 AVENIDA CERCA."
4. Adopt Resolution No. 21672, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS CONFIRMING THE REPORT OF
PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE
ABATEMENT LIEN LOCATED AT 593 AVENIDA CERCA."
5. Adopt Resolution No. 21673 "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS CONFIRMING THE REPORT OF
PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE
ABATEMENT LIEN LOCATED AT 3133 EAST VENTURA ROAD."
6. Adopt Resolution No. 21674, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS CONFIRMING THE REPORT OF
PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE
ABATEMENT LIEN LOCATED AT 247 NORTH MICHELLE ROAD."
7_ Adopt Resolution No. 21675, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS CONFIRMING THE REPORT OF
PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE
ABATEMENT LIEN LOCATED AT 1776 North Palm Canyon Drive."
8. Adopt Resolution No. 21676, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS CONFIRMING THE REPORT OF
PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE
ABATEMENT LIEN LOCATED AT 365 WEST PALM VISTA."
9. Adopt Resolution No. 21677, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS CONFIRMING THE REPORT OF
PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE
ABATEMENT LIEN LOCATED AT 1201 EAST TAMARISK ROAD."
10. Adopt Resolution No. 21678, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS CONFIRMING THE REPORT OF
PROCEEDINGS AND ACCOUNTING FOR THE PUBLIC NUISANCE
ABATEMENT LIEN LOCATED AT 2757 EAST VENTURA ROAD."
Motion Mayor Pro Tom Foat, seconded by Councilmember McCulloch and
unanimously carried on a roll call vote.
I.C. 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
City Council Minutes
July 19, 2006
Page 9
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 WAY AND CAHUILLA ROAD:
ACTION: 1) Continue the public hearing to July 26, 2006; and 2) Direct the City
Clerk to post a notice of continued public hearing. Approved under Acceptance
of the Agenda.
1I.D. AN ORDINANCE OF THE CITY OF PALM SPRINGS ADDING SECTIONS
92.21.1.00, 92.21.1.01, 92.21.1.02, 92.21.1.03, 92.21.1.04, 92.21.1.05,
92.21.1,06, AND 92.21.1.07 TO, AND AMENDING SECTION 91.00.10 OF, THE
PALM SPRINGS ZONING CODE, RELATING TO THE ESTABLISHMENT OF
REGULATIONS FOR ENVIRONMENTALLY SENSITIVE DEVELOPMENT
AREAS, INCLUDING THE CHINO CONE:
ACTION: 1) Continue the Public Hearing to September 6, 2006 with no public
testimony; and 2) Direct the City Clerk to re-notice the public hearing. Motion
Councilmember Mills, seconded by Mayor Pro Tern Foat and unanimously
carried on a roll call vote.
1I.E. OMNIPOINT COMMUNICATIONS - T-MOBILE CASE NO. 5.1106,
CONDITIONAL USE PERMIT, REQUESTING APPROVAL TO REPLACE A
STADIUM LIGHT POLE WITH A NEW STADIUM LIGHT POLE / WIRELESS
COMMUNICATION ANTENNA AND LEASE SPACE FOR EQUIPMENT
CABINETS, LOCATED AT SUNRISE PLAZA PARK:
David Newell, Associate Planner, presented background information as outlined
in the staff report dated July 19, 2006.
City Attorney Holland stated the City Council may open the public hearing and
take action with respect to the Resolution. The Minute Order approving the lease
will return to the City Council on July 26, 2006.
Councilmember Pougnet requested staff address the height of the tower.
Councilmember Mills requested staff address Item No. 7 in the Conditions of
Approval and the word "removed" should be "renewed," and the request that the
Applicant bring a landscape plan for approval by the Director of Planning
Services.
Mayor Pro Tern Foat commented on the lighting and requested staff address
lighting upgrades.
Mayor Oden opened the public hearing, and no speakers coming forward the
public hearing was closed.
City Council Minutes
July 19, 2006
Page 10
Councilmember Mills requested staff address the modifications to the existing
fence, and the possiblity of a condition that the fence be extended to the Frey
Building and require masonry walls.
Mayor Oden commented on the landscaping and stated the block wall would be
a safety issue, and requested the Police Chief address the wall.
MOTION: 1) Adopt Resolution "A RESOLUTION OF THE CITY COUNCIL OF
THE. CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NUMBER
5.1106, CONDITIONAL. USE PERMIT APPLICATION, FOR THE
REPLACEMENT OF A STADIUM LIGHT POLE WITH A NEW NINETY-FOOT
STADIUM LIGHT POLE / WIRELESS COMMUNICATION ANTENNA AND
SEVEN-FOOT FENCE TO ENCLOSE EQUIPMENT CABINETS WITHIN A 346
SQUARE FEET LEASED AREA, LOCATED AT 450 SOUTH SUNRISE WAY
(PALM SPRINGS STADIUM), 0 ZONE, SECTION 13, T4S, RSE." Motion
withdrawn by Councilmember McCulloch.
ACTION: 1) Adopt Resolution No. 21679, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
CASE NUMBER 5.1106, CONDITIONAL USE PERMIT APPLICATION, FOR
THE REPLACEMENT OF A STADIUM LIGHT POLE WITH A NEW NINETY-
FOOT STADIUM LIGHT POLE / WIRELESS COMMUNICATION ANTENNA
AND SEVEN-FOOT FENCE TO ENCLOSE EQUIPMENT CABINETS WITHIN A
346 SQUARE FEET LEASED AREA, LOCATED AT 450 SOUTH SUNRISE
WAY (PALM SPRINGS STADIUM), 0 ZONE, SECTION 13, T4S, R5E"
amending the Conditions of Approval to provide that new landscaping beequal in
height to existing landscaping, and correcting Condition No. 7 to read "renewed."
Motion Mayor Pro Tern Foat, seconded by Councilmember Pougnet and
carried 4-1 on a roll call vote.
AYES: Mayor Oden, Mayor Pro Tem Foat, Councilmember McCulloch,
and Councilmember Pougnet.
NOES: Councilmember Mills.
1.F. AN APPLICATION BY PALI-PALM SPRINGS, LLC TO SUBDIVIDE A
PREVIOUSLY DEVELOPED SITE OF APPROXIMATELY 92,862 SQUARE
FEET OR 2.13 ACRES - THE ORCHID TREE INN - FOR CONSTRUCTION OF
34 RESIDENTIAL CONDOMINIUM UNITS, AND A NINE-ROOM HOTEL, NOW
CALLED PALI-HOUSE, LOCATED AT 261 SOUTH BELARDO ROAD, ZONE
R-3, SECTION 15, APN: 513-152-010, 513-152-014, 513-152-018, 513-152-
019:
Craig Ewing, Director of Planning Services, provided background information as
outlined in the staff report dated July 19, 2006.
Mayor Oden requested staff address the bungalow and the 120-day stay.
City Council Minutes
July 19, 2006
Page 11
Mayor Pro Tern Foat requested staff address the sub-division map for the
condominium portion of the project.
Mayor Oden opened the public hearing, and the following speakers addressed
the City Council.
MATT FISHER, Representing Applicant, provided an overview of the proposed
project and noted the preservation components of the project.
ALLISON MASSETT, Representing Applicant, provided an overview of the
project and noted the mixed-use components of the project.
THOMAS LOCKET, Representing Applicant, provided an overview of the
proposed landscaping of the project.
BOB HELBLING, Palm Springs, stated his support for the project, and noted the
Developer's modifications as requested by the neighborhood.
SHERYL HAMLIN, Palm Springs, stated the craftsman structure needs to be
preserved, commented on the subterranean garage, and requested the City
Council take no action until the Historic Site Preservation Board 120-day stay has
expired.
LAURI AYLAIAN, Palm Springs, commented on the responsiveness of the
Developer to meet the needs of the neighborhood, but requests the City Council
work with the neighborhood and requested the 16-plex be scaled down.
MATT FISHER, Rebuttal, commented on the outreach and modifications to the
project based on the comments of the neighborhood and that the project has
received approval by the Planning Commission, Architectural Advisory
Committee and the Historic Site Preservation Board, and addressed the
subterranean garage.
No Further speakers coming forward, the public hearing was closed.
Mayor Pro Tern Foat requested clarification on the distance between buildings in
the Development Standards, conditions for the underground parking, the number
of hotel rooms plus a bar and a kitchen and if the conditions place restrictions on
the bar, the definition of a "hospitality kitchen," and requested limits on
construction hours. Mayor Pro Tern Foat expressed her concerns about
demolishing the project and allowing the issuance of a demolition permit with full
entitlements and building approvals, the loss of TOT, and requested staff
address the loss of the craftsman structure and perhaps City involvement with
respect to the relocation of the structure.
City Council Minutes
July 19, 2006
Page 12
Councilmember Pougnet commented on the City involvement in the final
disposition of the craftsman structure. Councilmember Pougnet requested the
Applicant address the drainage issue being below grade and the preliminary
grading plan, the preservation of the bungalow and the Frey structure.
Councilmember Mills requested staff clarify the administrative process and
approvals thus far, and stated this is the only hearing the City Council will review
the project.
Councilmember McCulloch stated he viewed this process through the Historic
Site Preservation Board meetings, and the process with the Board, and
commented on the willingness of the Developer to work with the staff and the
neighborhood. Councilmember McCulloch requested the Historic Site
Preservation Board be included in the next Joint Meeting of the City Council,
Planning Commission and Architectural Advisory Committee.
Councilmember Mills commented on the impact to the area with respect to the
demolition and the impact to the neighborhood during the construction process,
and requested the Applicant address the view of the project in the final rendering.
Mayor Oden requested staff address the stay of the demolition of the bungalow.
Councilmember McCulloch confirmed his motion which did not include
modifications to the demolition construction hours.
Councilmember Pougnet commented on limiting construction hours and if the
City Council has previously limited hours.
Mayor Pro Tern Foat commented on the early construction hours of 7:00 AM in
this neighborhood and commented on demolition.
Mayor Oden requested the Applicant estimate the amount of time of the
demolition.
ACTION: Adopt Resolution No. 21680, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A
TENTATIVE TRACT MAP 34214, TO SUBDIVIDE APPROXIMATELY 92,862
SQUARE FEET OR 2.13 ACRES, FOR 34 RESIDENTIAL CONDOMINIUMS, A
NINE,-ROOM HOTEL, ASSOCIATED LANDSCAPING AND PARKING,
LOCATED AT 261 SOUTH BELARDO ROAD, ZONE R-3, SECTION 15, APN:
513-152-010, 513-152-014, 513-152-018, 513-152-019." Motion
Councilmember McCulloch, seconded by Mayor Oden and carried 4-1 on a
roll call vote.
City Council Minutes
July 19, 2006
Page 13
AYES: Mayor Oden, Councilmember McCulloch, Councilmember
Pougnet, and Councilmember Mills.
NOES: Mayor Pro Tern Foat.
The City Council recessed at 7:55 P.M.
The City Council reconvened at 8:00 P.M. and returned to Public Hearing Item 1.A.
1.G. GENERAL PLAN AMENDMENT (CASE 5.1101), ZONING TEXT AMENDMENT
(CASE 5.1124) AND VACATION OF STREET RIGHT-OF-WAY, FOR THE
DEVELOPMENT OF A NEW BMW AUTOMOTIVE DEALERSHIP ON A 7,91
ACRE SITE LOCATED AT 3737 EAST PALM CANYON DRIVE:
Lyn Calerdine, LSA Consultants, provided background information as outlined in
the staff report dated July 19, 2006.
Councilmember Pougnet request staff address the vacation of Frontage Road.
Mayor Oden opened the public hearing, and the following speakers addressed
the City Council.
JOHN ELLIS, Palm Springs, requested the City Council not vacate Frontage
Road and stated his parcels would be land locked and the parcels would not
have access.
The City Council recessed briefly due to a fire alarm.
SUSAN COGLIANO, requested the City Council postpone the final vote on the
vacation of Frontage Road and send the plan back to the Planning Commission,
spoke in opposition of the project.
JERRY JOHNSON, Representing BMW, thanked John Raymond, Director of
Community and Economic Development, for working with them, and state his
support for the project.
No further speakers coming forward, the public hearing was closed.
Mayor Oden requested the City Engineer address the vacation of Frontage Road
and if parcels would be land locked, and the steepness of the grade,
Councilmember Mills requested staff address the street in relation to the existing
mobile home parks with respect to the 1959 General Plan, and the status of the
extension of Cherokee Way if it is a public or a private street.
Councilmember McCulloch requested staff address the action being proposed,
the vacation of Frontage Road, and the Zone Text Amendment, and if other
components of the project would return to the City Council at a later date.
City Council Minutes
July 19, 2006
Page 14
Councilmember Mills requested the street vacation on Palm Canyon be modified
from Sunrise to Golf Club to Sunrise to Cherokee Way as the remainder of the
request will be addressed in the new General Plan.
Mayor Pro Tern Foat stated she would like to be able to consider information
from the Developer of the Rainbow site and recommended that the City Council
only consider the vacation to Cherokee Way.
ACTION: 1) Adopt Resolution No. 21681, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY PALM SPRINGS, CALIFORNIA, CERTIFYING THE
MITIGATED NEGATIVE DECLARATION FOR THE BMW DEALERSHIP
PROPOSED ON 7.91 ACRES LOCATED AT 3737 EAST PALM CANYON
DRIVE, AND APPROVING CASE NUMBER 5.1101 GENERAL PLAN
AMENDMENT, AND THE VACATION OF THE EAST PALM CANYON DRIVE
FRONTAGE ROAD;" and 2) Waive the reading of the Ordinance text in its
entirety and introduce by title only Ordinance No. 1695 "AN ORDINANCE OF
THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE MITIGATED
NEGATIVE DECLARATION, AND APPROVING CASE NUMBER 5.1124
ZONING TEXT AMENDMENT TO ALLOW VEHICULAR PARKING FOR AUTO
DEALERSHIPS ALONG EAST PALM CANYON DRIVE" amending the street
vacation along Palm Canyon Drive from Sunrise to Cherokee Way, Motion
Mayor Pro Tern Foat, seconded by Councilmember Mills and unanimously
carried on a roll call vote.
PUBLIC COMMENT:
JOHN TYMON, Palm Springs, commented on tourism and code enforcement issues.
CAROLE SUKMAN, commented on public hearing Item 1.C. The Palm Hotel, and
stated the project is too big for the size of the property.
CRIS ROMERO, Coachella, commented on the Volunteer Senior Program and
presented the City Council an honorary check representing the dollar amount of
volunteer hours provided to the City.
ROXANN PLOSS, Palm Springs, commented on the initiative to limit height in the
downtown area.
ALDEN GODFREY, Palm Springs, commented on the initiative to limit height in the
downtown area.
BOB HELBLING, Palm Springs, commented on the initiative to limit height in the
downtown area, and public hearing Item 1.C. the Palm Hotel.
City Council Minutes
July 19, 2006
Page 15
DANA STEWART, Palm Springs, commented on the Mission Statement of the Palm
Springs Board of Realtors and spoke regarding the initiative to limit height in the
downtown area.
VIC GAINER, Palm Springs, commented on the Referendum filed for the extension of
the Development Agreement for Shadowrock project.
JOY MEREDITH, Palm Springs, provided an update on the events and businesses in
Downtown Palm Springs.
COUNCILMEMBER COMMENTS AND REQUESTS: None.
CITY MANAGER'S REPORT: City Manager Ready provided a report on Code
Enforcement activities in the City, and shared some photos of recent resolve of
successful cases.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A„ 2.B. (as amended), 2.C., 2.D., 2.E., 2.F., 2.G.,
2.H., 21, 2,J., 2.K., 2.L., and 2.M. Motion Councilmember McCulloch,
seconded by Councilmember Mills 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 19, 2006, City
Council Agenda. Approved as part of the Consent Calendar.
2.B. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of July 12, 2006 noting the
correction requested by Councilmember Pougnet under Approval of the
Agenda- Approved as part of the Consent Calendar.
2.C. STAFF AUTHORIZED AGREEMENTS FOR JUNE 2006:
ACTION: Receive and file Staff Authorized Agreements covering the
period June 1 through June 30, 2006. Approved as part of the Consent
Calendar.
2.D. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 21682, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 7-1-06 BY WARRANTS NUMBERED 410513 THROUGH 410589
TOTALING $89,026.18, LIABILITY CHECKS NUMBERED 1014386
THROUGH 1014414 TOTALING $130,399.80, THREE WIRE
TRANSFERS FOR $53,222.28 AND THREE ELECTRONIC ACH DEBITS
OF $903,428.83 IN THE AGGREGATE AMOUNT OF $1,176,077.09
City Council Minutes
July 19, 2006
Page 16
DRAWN ON BANK OF AMERICA_" Approved as part of the Consent
Calendar.
2.E. PROPOSED ORDINANCE ESTABLISHING RULES AND
REGULATIONS AND MINIMUM OPERATING STANDARDS FOR
ACCESS AND USE OF THE PALM SPRINGS INTERNATIONAL
AIRPORT:
ACTION: Waive further reading and adopt Ordinance No. 1693, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING
TITLE 16 TO, AND REPEALING CHAPTERS 11.33, 11.34, AND 11.35
OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE
ESTABLISHMENT OF THE RULES AND REGULATIONS FOR ACCESS
TO AND USE OF THE PALM SPRINGS INTERNATIONAL AIRPORT."
Approved as part of the Consent Calendar.
2.F. ADOPTION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM:
ACTION: Adopt Resolution No. 21683, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING THE INTEGRATION OF THE NATIONAL INCIDENT
MANAGEMENT SYSTEM AND THE USE OF THE NATIONAL SYSTEM
WHICH SHALL BE CONSISTENT WITH THE STANDARDIZED
EMERGENCY MANAGEMENT SYSTEM IN CALIFORNIA." Approved as
part of the Consent Calendar.
2,G. REQUEST BY RSM ARBOURS, LP, TIME EXTENSION FOR
TENTATIVE TRACT MAP 32263, TO SUBDIVIDE APPROXIMATELY
2.3 ACRES OF LAND FOR THE PURPOSES OF CONDOMINIUM
LOCATED AT 1301 MONTALVO WAY, ZONE M-1-P, SECTION 7:
ACTION: Adopt Resolution No. 21684, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A ONE-YEAR TIME EXTENSION FROM MAY 19, 2006 TO
MAY 19, 2007, FOR TENTATIVE TRACT MAP 32263 TO SUBDIVIDE
APPROXIMATELY 2.3 ACRES OF LAND FOR THE PURPOSES OF
CONDOMINIUMS LOCATED AT 1301 MONTALVO WAY, ZONE M-1-P,
SECTION 7." Approved as part of the Consent Calendar.
2.H. AMENDMENT NO. 1 TO AGREEMENT NO. A4393, A
REIMBURSEMENT AGREEMENT WITH COACHELLA VALLEY
ASSOCIATION OF GOVERNMENTS (CVAG) FOR THE GENE AUTRY
TRAIL WIDENING PROJECT, VISTA CHINO TO INTERSTATE 10:
ACTION: 1) Adopt Minute Order No. 7887, Approving Amendment No. 1
to Agreement No. A4393 with Coachella Valley Association Of
Governments (CVAG) for an additional amount of $4,411,428 for a total
' amount of $10,500,000 (75% CVAG reimbursable) for the Gene Autry
Trail widening project, Vista Chino to Interstate 10; and 2) Authorize the
City Council Minutes
July 19, 2006
Page 17
City Manager to execute all necessary documents. A4393. Approved as
part of the Consent Calendar.
2.1. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E)
AND AUTHORIZATION TO BID FOR THE FISCAL YEAR 2005-06 AND
FISCAL YEAR 2006-07 ASPHALT RUBBERIZED HOT MIX OVERLAY,
CITY PROJECT 05-22:
ACTION: Adopt Minute Order No. 7888, Approving the plans,
specifications, and working details for the Fiscal Year 2005-06 and 2006-
07 ARHM overlay, City Project 05-22; and authorize staff to advertise and
solicit bids. Approved as part of the Consent Calendar.
2.J. ACCEPTANCE OF VARIOUS PUBLIC SEWER EASEMENTS IN THE
PALM SPRINGS COUNTRY CLUB AREA, SECTION 1, TOWNSHIP 4
SOUTH, RANGE 4 EAST; FILE R-05-022:
ACTION: 1) Adopt Resolution No. 21685, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ACCEPTING VARIOUS PUBLIC SEWER EASEMENTS IN THE PALM
SPRINGS COUNTRY CLUB AREA, IN SECTION 1, TOWNSHIP 4
SOUTH, RANGE 4 EAST;" and 2) Authorize the City Clerk to prepare the
necessary Certificate of Acceptance, and submit the Grant of Right-of-
Way and Resolution accepting the offers of dedication of public sewer
easements to the Riverside County Recorder for recordation. Approved
as part of the Consent Calendar.
2.K. APPROVAL, OF AGREEMENT WITH THE CITY OF CATHEDRAL CITY
FOR TRAFFIC SIGNAL MAINTENANCE OF THREE SHARED TRAFFIC
SIGNALS ALONG RAMON ROAD.
ACTION: 1) Adopt Minute Order No. 7889, Approving an agreement with
the City of Cathedral City for traffic signal maintenance of three shared
traffic signals along Ramon Road; and 2) Authorize the City Manager to
execute all necessary documents. A5314. Approved as part of the
Consent Calendar.
2.L, PURCHASE OF EIGHT (8) NEW FORD CROWN VICTORIA POLICE
VEHICLES FOR USE BY THE POLICE DEPARTMENT:
ACTION: Adopt Minute Order 7890, Approving the purchase of eight (8)
new Ford Crown Victoria 2007 Police Interceptors for use by the Police
Department in the amount of $196,631.84 from Wondries Ford of
Alhambra, California. Approved as part of the Consent Calendar,
2.M. ANNUAL PURCHASE OF ELECTRONIC DATABASES FOR THE
LIBRARY FROM EBSCO:
ACTION: Adopt the Minute Order No. 7891, Approving the Fiscal Year
2006-07 renewal of electronic research databases from EBSCO for
City Council Minutes
July 19, 2006
Page 18
Library Services in the amount of $36,950. Approved as part of the
Consent Calendar.
3. LEGISLATIVE:
3.A. PROPOSED ORDINANCE ADDING SECTION 11.40.015, AMENDING
SUBSECTIONS 1.1,140, 11.40.010, 11.44.020, 11.44.030, 11.44.060,
11.44.080, 11.44.100, 11.68.010, AND 11.68.135, AND AMENDING
SUBSECTIONS (a) AND (h) OF SECTION 11.44.040 RELATING TO
THE ADOPTION OF ADDITIONAL REGULATORY PROVISIONS
GOVERNING THE USE OF PARKS, STREETS, AND PUBLIC AREAS:
City Attorney Holland provided background information as outlined in the
staff report dated July 19, 2006.
ACTION: Waive the reading of the Ordinance text in its entirety and
introduce by title only Ordinance No. 1696, "AN ORDINANCE OF THE
CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 11.40.015,
AMENDING SUBSECTIONS 1.1.140, 11.40.010, 11.44,020, 11.44.030,
11.44.060, 11.44.080, 11.44,100, 11.68.010, AND 11.68.135, AND
AMENDING SUBSECTIONS (a) AND (h) OF SECTION 11.44.040 OF,
THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE
ADOPTION OF ADDITIONAL REGULATORY PROVISIONS
GOVERNING THE USE OF PARKS, STREETS, AND PUBLIC AREAS."
Motion Mayor Pro Tern Foat, seconded by Councilmember
McCulloch and unanimously carried on a roll call vote.
The City Council recessed at 9:35 P.M.
The City Council reconvened at 9:40 P.M.
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
FAST BARISTO ROAD, PALM SPRINGS:
City Manager Ready provided background information as outlined in the
staff report dated July 19, 2006. City Attorney Holland provided an
overview of the proposed modifications to the agreement.
Mayor Pro Tem Foat requested clarification on the Use of Site on Page 2
of the proposed agreement, and requested staff address the use of the
site for other placement and referral services.
Councilmember Pougnet stated his opposition to the license agreement,
and stated the original agreement was only temporary and the Frey
building is too small for the current program which is causing disruption to
City Council Minutes
July 19, 2006
Page 19
the surrounding neighborhood, the park, the library and other facilities.
Councilmember Pougnet recommended the City provide 45-days notice to
vacate the Frey Building.
Mayor Pro Tern Foat stated this situation is not optimal, but the license
agreement is needed while the City plans and provides a new location and
funding, commented on the improvements in the park since the urgency
ordinance was adopted.
Councilmember Mills commented on his experiences with the Well in the
Desert and the broken promises, he stated we lost control of the City and
noted the impacts to the community, the park and the library and spoke in
opposition to the license agreement.
Councilmember Pougnet stated the Well in the Desert has outgrown that
location, suggested other locations and noted other organizations that
provide successful feeding programs.
Councilmember McCulloch stated the license agreement is not an
extension of the lease and provides the City additional flexibility to deal
with any problem situations and is needed until a final location and
solutions are identified.
• Mayor Oden requested staff address the original hours of operation for the
feeding operation and the additional hours for the cooling center. Mayor
Oden recommended the cooling center component of the operation be
deleted, and provided background on the City's efforts and the need for
the County to be the lead agency to address the needs of the homeless,
but the City also needs to provide the Well with adequate notice and
warning.
Discussion was held regarding 45-days or other adequate notice and
scheduling additional discussion by the City Council.
Mayor Pro Tern Foat commented on the status and the resources of the
City to prepare and negotiate the agreement.
Councilmember Pougnet requested staff address if the City Council has
had a full discussion on the proposed license agreement, stated the Frey
location is not acceptable at this time due to the impacts to the
neighborhood and other facilities and supports providing 45-days notice.
Mayor Oden recommended this discussion return to the City Council at
the first Study Session in September to evaluate the compliance and
impacts to the Community by approving the license agreement. Mayor
Oden recommended that the cooling center be eliminated immediately.
City Council Minutes
July 19, 2006
Page 20
Mayor Oden requested the cooling station component be placed on the
July 26, 2006, City Council agenda for discussion.
ACTION: 1) Adopt Minute Order No. 7892, Approving a License
Agreement with the Well in the Desert, for the purpose of operating a hot
meal feeding program at the Frey Building, 1901 East Baristo Road, Palm
Springs; and 2) Authorize the City Manager to execute the agreement.
A5315. Motion Councilmember McCulloch, seconded by Mayor Pro
Tom Foat and carried 3 2 on a roll call vote.
AYES: Mayor Oden, Mayor Pro Tom Foat, and
Councilmember McCulloch_
NOES; Councilmember Pougnet, and Councilmember Mills.
5. NEW BUSINESS:
5.A. APPOINTMENTS TO THE PUBLIC ARTS COMMISSION AND THE
LIBRARY BOARD OF TRUSTEES FOR THE 2006 ANNUAL
RECRUITMENT PROCESS:
Mayor Pro Tom Foat stated the City Council subcommittee of Mayor Oden
and Mayor Pro Tem Foat recommends Susan Jo Paquin, Sue Ann Young,
William Butler to the Public Arts Commission, and Daniel Davila and Milt
Levinson to the Library Board of Trustees.
ACTION: 1) Appoint Susan Jo Paquin, Sue Ann Young and William Butler
to the Public Arts Commission for the term ending June 30, 2009; and 2)
Appoint Daniel Davila and Milt Levinson to the Library Board of Trustees
for the term ending June 30, 2009- Motion Mayor Pro Tern Foat,
seconded by Mayor Oden and unanimously carried on a roll call
vote.
COUNCILMEMBER COMMENTS AND REPORTS:
ACTION: Continued past the 10:00 P.M. tentative adjournment time. Motion
Councilmember Pougnet, seconded by Councilmember Mills and unanimously
carried.
Mayor Pro Tern Foat asked if staff had followed up on the 1488 Manzanita Drive Project
and when the Study Session of overlay zones and Local Preference Programs (Women
and Minority Businesses) will be placed on a City Council Study Session; commented
on the passing of Desert Hot Springs Mayor Pro Tern Bosworth. Mayor Pro Tern Foat
commented on the misuse of the public comment portion of the City Council meeting.
Councilmember Mills requested information on the reorganization and priorities and
activities of the Code Enforcement Division, and commented on the level of service.
City Council Minutes
July 19, 2006
Page 21
Mayor Oden requested that a discussion of Code Enforcement activities be placed on a
future Study Session. Mayor Oden outlined the events and activities attended by the
Mayor's Office.
ADJOURNMENT: The City Council adjourned at 10:26 P.M., in memory of Desert Hot
Springs Mayor Pro Tern Gary Bosworth to an Adjourned Meeting and Study Session,
Wednesday, July 26, 2006, at 6:00 p.m. in the Council Chamber, City Hall, preceded by
a Closed Session at 4:00 p.m., Small Conference Room, City Hall, 3200 East Tahquitz
Canyon Way, Palm Springs.
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS
' 6T" DAY OF SEPTEMBER, 2006.
MAYOR
ATTEST:
City Clerk
PALM SPRINGS CITY COUNCIL
MINUTES
WEDNESDAY, JULY 26, 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 Tern Foat, and Mayor Oden.
ABSENT: None.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
REPORT OF CLOSED SESSION: 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 posted Closed Session Agenda. No reportable actions were
taken.
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson stated the staff recommends the City Council continue Public
Hearing Item 1.E. at the request of the Applicant and direct the City Clerk to re-notice
the public hearing; and noted an error on Consent Calendar Item 2.5., the Agreement is
for a period one-year to June 30, 2007.
City Attorney Holland provided information on Public Hearing Item 1.C., and requested
the City Council open the public hearing and take testimony but not take action to
extend the Urgency Ordinance.
Councilmember Mills noted his business related abstention on Consent Calendar Item
2.P. and requested Item 2.T_ be removed from the Consent Calendar for separate
discussion.
ACTION: Accept the Agenda as amended. Motion Councilmember McCulloch,
• seconded by Councilmember Mills and unanimously carried on a roll call vote.
PRESENTATIONS: None.
1. PUBLIC HEARINGS:
I.A. ZONING TEXT ORDINANCE MODIFYING M-1-P AND M-2 ZONES TO
ALLOW AMBULANCE. SERVICES BY CONDITIONAL USE PERMIT
PROVIDED THEY ARE FIVE HUNDRED FEET FROM ANY
City Council Minutes
July 26, 2006
Page 2
RESIDENTIAL ZONE CASE NO. 5.1086 APPLICATION BY THE CITY
OF PALM SPRINGS:
Ken Lyon, Associate Planner, provided background information as
outlined in the staff report dated July 26, 2006.
Mayor Oden opened the public hearing, and the following speakers
addressed the City Council.
WAYNE ENNIS, Palm Springs, provided background information on the
current AMR project, stated his support for the Zone Text Amendment and
to allow ambulance services by Conditional Use Permit.
No further speakers coming forward, the public hearing was closed.
Mayor Pro Tem Foat thanked AMR for not leaving the City of Palm
Springs.
Mayor Oden thanked AMR for their service to the community.
ACTION: 1) Waive the reading of the text of the Ordinance and introduce
by title only; and 2) Introduce for first reading Ordinance No. 1697, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING PALM SPRINGS ZONING CODE SECTIONS 92.16.00 M-1-
P ZONE AND 92.17.01.00 M2 ZONE MODIFYING THE REQUIREMENTS
FOR THE LOCATION OF AMBULANCE SERVICES IN THE PLANNED
RESEARCH DEVELOPMENT PARK AND MANUFACTURING ZONES
CITYWIDE." Motion Councilmember Pougnet, seconded by
' Councilmember McCulloch and unanimously carried on a roll call
vote.
1.8. PROPOSED ORDINANCE ZONING TEXT AMENDMENT TO MODIFY
SECTION 94.06.01 FINDINGS FOR A MINOR MODIFICATION CASE
NO. 5.1114 ZTA, APPLICATION BY THE CITY OF PALM SPRINGS:
Ken Lyon, Associate Planner, provided background information as
outlined in the staff report dated July 26, 2006.
Mayor Oden opened the public hearing, and no speakers coming forward
the public hearing was closed.
ACTION: 1) Waive the reading of the text of the Ordinance and introduce
by title only; and 2) Introduce on first reading Ordinance No. 1698, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS AMENDING SECTION
94.06.01 OF THE PALM SPRINGS ZONING CODE ESTABLISHING
NEW FINDINGS FOR A MINOR MODIFICATION." Motion Mayor Pro
Tern Foat, seconded by Councilmember McCulloch and unanimously
carried on a roll call vote.
City Council Minutes
July 25, 2006
Page 3
1.C. INTERIM URGENCY ORDINANCE EXTENDING ORDINANCE NO. 1691
PROHIBITING MOBILE HOME PARK CONVERSIONS FOR A PERIOD
OF 10 MONTHS AND 45 DAYS PENDING THE COMPLETION OF A
STUDY OF THE EFFECTS OF THE CONVERSION OF MOBILE HOME
PARKS AND THE ADOPTION OF ANY AND ALL AMENDMENTS TO
THE CITY'S MOBILE HOME. CONVERSION REGULATIONS AND
LAND USE REGULATIONS:
City Attorney Holland provided background information.
Mayor Oden opened the public hearing and the following speakers
addressed the City Council.
CAL HACKLER, Palm Springs, spoke against the conversion of Palm
Springs View Estates Mobile Home Park to a resident owned park.
CINDY CUNNINGHAM, Palm Springs, stated the ownership of the Palm
Springs View Estates has never been established.
BOB SLAGLE, Palm Springs, stated the City ordinances for the
conversion of mobile home parks are defective.
SUE LOFTIN, Carlsbad, requested the City Council not take action to
extend the current urgency ordinance and provided background on the
proposed sale and conversion of Palm Springs View Estates.
RICHARD CLOSE, Santa Monica, requested the City Council take no
action to extend the urgency ordinance.
TOM BENNETT, Palm Springs, commented on the lack of financing of
mobile home lot conversions.
No further speakers coming forward, the public hearing was closed.
Mayor Oden requested the City Attorney address the current
administration of the code.
Councilmember Pougnet commented on the current state law which
supersedes the City ordinance, requested staff address any assistance
the City may provide, and for the City and the owners of Palm Springs
View Estates to present information clearly to the residents.
Mayor Pro Tern Foat requested staff address if the land at Palm Springs
View Estates is fee or lease land. Sue Loftin representing the owner
indicated the same owner owns the land and the lease and there is no
longer a leasehold, that any owners would be buying a fee title interest.
City Council Minutes
July 26, 2006
Page 4
Mayor Pro Tern Foat requested staff address if there is a timeline for the
conversion of Palm Springs View Estates and the possible financing
alternatives of older homes.
Mayor Oden commented on the former actions of the City to assist
residents, but stated the City is restricted by State Law.
Councilmember McCulloch commented on the limitations of the City due
to state law with respect to conversions.
Councilmember Mills requested Sue Loftin address financing issues with
the conversion of mobile homes.
No action taken.
1.D. INTERIM URGENCY ORDINANCE. EXTENDING ORDINANCE~ NO. 1692
FOR A PERIOD OF 10 MONTHS AND 45 DAYS PROHIBITING STREET
LEVEL OFFICES IN THE HISTORIC VILLAGE CENTER:
Withdrawn from Agenda. See Item 3.C.
1.E. THE PALM 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 AN
APPROXIMATELY 36,217 SQUARE FEET SITE LOCATED AT THE
SOUTHWEST CORNER OF TAHQUITZ CANYON WAY AND
CAHUILLA ROAD:
ACTION: 1) Continued the public hearing at the request of the Applicant;
and 2) Direct the City Clerk to re-notice the public hearing. By consensus
of the City Council.
PUBLIC COMMENT:
MAGDALE=NA MOLINA, Palm Springs, commented on Consent Calendar Item 2.0.
regarding homeless issues.
PHILIP TEDESCO, Palm Springs, commented on Item I.E. the Palm Hotel.
WESLEY COLE, Palm Springs, commented on development and the concept of green
building in the City.
VIC GAINER, Palm Springs, thanked the City Council for the approval of the license
agreement for the Well in the Desert, commented on Study Session Item SS1 and
stated the revised ordinance is an improvement from the earlier draft distributed.
City Council Minutes
July 26, 2006
Page 5
ELIZABETH FAUSTO, Desert Hot Springs, thanked the City Council for the license
agreement for the Well in the Desert and the police presence in Sunrise Park.
CHARLES SACHS, Palm Springs, commented on Study Session Item SS1 and stated
his opposition to development in the Chino Cone.
ROXANN PLOSS, Palm Springs, commented on the proposed party for residents in the
downtown area, the proposed development of the "W" Hotel, and stated she has re-filed
the initiative petition to limit height in the downtown area.
DANA STEWART, Palm Springs, commented on development in the City and the
General Plan.
JONO HILDNER, Palm Springs, requested the City Council rescind Ordinance No. 1689
and stated his support for the staff recommendation for Legislative Item 3.C.
JOY MEREDITH, Palm Springs, stated her support for Item 3.C. adopting an urgency
ordinance restricting offices in the downtown area, commented on Consent Calendar
Item 2.Q. and noted the improvements in Sunrise Park.
APRIL HILDNER, Palm Springs, commented on Item 3.C. and the affect of the
Referendum with respect to issues of unconstitutional "take."
RICHARD BUODIE, Palm Springs, commented on the proposed ambulance service
with respect to noise in the Gene Autry Trail area.
COUNCILMEMBER COMMENTS AND REQUESTS:
Councilmember Pougnet requested the City Manager address the status of green
building recommendations and a proposed Energy Commission.
Mayor Oden requested a change in the staff reports for Planned Development Districts
for the City Council and Planning Commission reports. Mayor Oden requested the face
page of the staff report be submitted to the Council on a different color paper and
include a section that details the benefits to the City which should include the financial
benefit to the City.
Mayor Oden requested information on the long term effects of condo conversions,
including information on the impact of financing hotels with owner units. Mayor Oden
requested a report on the loss of hotel rooms over the last 10-years and the benefits of
condo conversion.
CITY MANAGER'S REPORT: None.
Councilmember Pougnet briefly left Council Chamber.
City Council Minutes
July 26, 2005
Page 6
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.1., 2.J.,
2.K., 21., 2.M., 2.N., 2.0., 2.P., 2.R., and 2.5. Motion Mayor Pro Tern Foat,
seconded by Councilmember Mills and unanimously carried 4-0 on a roll
call vote.
AYES: Councilmember McCulloch, Councilmember Mills, Mayor Pro
Tern Foat, and Mayor Oden.
NOES: None.
ABSENT: Councilmember Pougnet.
2.A. REPORT ON POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the July 26, 2006, City
Council Agenda. Approved as part of the Consent Calendar.
2.13. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 21686, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1014415 THROUGH 1014711 IN THE AGGREGATE
AMOUNT OF $2,159,017.38 DRAWN ON BANK OF AMERICA;" and 2)
Adopt Resolution No. 21687, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED
1014712 THROUGH 1014713 IN THE AGGREGATE AMOUNT OF
$107,854.80 DRAWN ON BANK OF AMERICA." Approved as part of
the Consent Calendar.
2.C. ACCEPT WITH GRATITUDE A DONATED TRUCK FOR MOUNTED
POLICE SEARCH AND RESCUE UNIT:
ACTION: Adopt Resolution No. 21688, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ACCEPTING THE GRACIOUS DONATION OF A VEHICLE FOR THE
MOUNTED POLICE SEARCH AND RESCUE UNIT" valued at
$25,917.25. Approved as part of the Consent Calendar.
2.D. RESCIND RESOLUTION NO. 21633, AMENDMENT NO, 1 TO THE
ALLOCATED POSITIONS AND COMPENSATION PLAN, FISCAL
YEAR 2006-07:
ACTION: Adopt Resolution No. 21689, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS RESCINDING
RESOLUTION NO. 21633 AMENDING THE ALLOCATED POSITIONS
AND COMPENSATION PLAN." Approved as part of the Consent
Calendar.
City Council Minutes
July 26, 2006
Page 7
2.E. NON-EXCLUSIVF OPERATING AND LEASE AGREEMENT WITH 449
CORPORATION (DBA EAGLERIDER MOTORCYCLE RENTAL USA)
FOR THE OPERATION OF A MOTORCYCLE RENTAL CONCESSION:
ACTION: 1) Approve Minute Order No. 7893, Approving a Non-Exclusive
Operating and Lease Agreement for the Operation of a Motorcycle Rental
Concession with 449 Corporation (DBA Eaglerider Motorcycle Rental
USA) effective July 1, 2006, and valid to June 30, 2009, with two (2) one-
year options, and 2) Authorize the City Manager to execute all necessary
documents. A5316. Approved as part of the Consent Calendar.
2.F. NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT WITH WVC
RANCHO MIRAGE, INC. FOR PROMOTIONAL TERMINAL COUNTER
SPACE:
ACTION: 1) Approve Minute Order No. 7894, Approving a non-exclusive
operating and lease agreement for promotional terminal counter space
with WVC Rancho Mirage, Inc. effective July 1, 2006, and valid until June
30, 2009, with two (2) one-year options; and 2) Authorize the City
Manager to execute all necessary documents. A5317. Approved as part
of the Consent Calendar.
2.G. ACCEPT GRANT FROM THE FEDERAL AVIATION ADMINISTRATION:
ACTION: 1) Adopt Minute Order No. 7895, Authorizing the City Manager
to accept federal grant No. 3-06-0181-40 (AIP 40) for a total amount not to
exceed $7,500,000; and 2) Authorize the City Manager to execute all
necessary documents. A5318. Approved as part of the Consent
Calendar.
' 2.H. NON-EXCLUSIVE OPERATING PERMIT AGREEMENT WITH EVA'S AT
THE PALM SPRINGS AIRPORT FOR RETAIL CARTS NOS. 1 AND 2:
ACTION: 1) Adopt Minute Order No. 7896, Approving non-exclusive
month-to-month operating permit agreements with Eva's at Palm Springs
for Airport Retail Carts Nos. 1 and 2 effective July 16, 2006; and 2)
Authorize the City Manager to execute all necessary documents. A5319
and A5320. Approved as part of the Consent Calendar.
2.1, REQUEST BY PALI-PALM SPRINGS LLC FOR THE ADOPTION OF A
RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO SELL
ALCOHOL AT THE PALI-HOUSE HOTEL AND RESIDENTIAL
COMPLEX LOCATED AT 261 SOUTH BELARDO ROAD, ZONE R-3,
SECTION 15:
ACTION: Adopt Resolution No- 21690 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC
CONVENIENCE IN ORDER TO SELL ALCOHOL AT THE PALI-HOUSE
HOTEL AND RESIDENTIAL COMPLEX LOCATED AT 261 SOUTH
BELARDO ROAD, ZONE R-3, SECTION 15." Approved as part of the
Consent Calendar.
' City Council Minutes
July 26, 2006
I Page 8
2.J. EVENT SPONSORSHIP AGREEMENT WITH PARADES OF PALM
SPRINGS FOR SPONSORSHIP OF THE 2006 FESTIVAL OF LIGHTS
PARADE:
ACTION: 1) Adopt Minute Order No. 7897, Approving a sponsorship
agreement with Parades of Palm Springs for the 2006 Festival of Lights
Parade; and 2) Authorize the City Manager to execute all necessary
documents. A5321. Approved as part of the Consent Calendar.
2.K. PROPOSED AGREEMENT WITH CARL WARREN AND COMPANY
FOR AS-NEEDED CLAIMS ADMINISTRATION AND ADJUSTMENT
SERVICES:
ACTION: 1) Adopt Minute Order No. 7898, Approving an agreement with
Carl Warren and Company for as-needed third party claims administration
and adjusting services in an amount not-to-exceed $60,000 for Fiscal Year
2006-07; and 2) Authorize the City Manager to execute all necessary
documents. A5322. Approved as part of the Consent Calendar.
2.L. CITY COUNCIL, COMMISSIONERS AND BOARD MEMBERS
EXPENSE REIMBURSEMENT POLICY AS REQUIRED BY AB1234:
ACTION: Adopt Resolution No. 21691, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ESTABLISHING EXPENSE GUIDELINES AND AN EXPENSE
REIMBURSEMENT POLICY FOR THE CITY COUNCIL,
COMMISSIONERS AND BOARD MEMBERS." Approved as part of the
Consent Calendar.
2.M. PROPOSED LEASE AGREEMENT WITH OMNIPOINT
COMMUNICATIONS (T-MOBILE) FOR COMMUNICATIONS FACILITIES
LOCATED AT SUNRISE PLAZA PARK:
ACTION: 1) Adopt Minute Order No. 7899, Approving a lease agreement,
in a form acceptable to the City Attorney, with Omnipoint Communications
(DBA T-Mobile Communications), a Delaware based corporation, for
certain public property located at 450 South Sunrise Way (Palm Springs
Stadium) for the purpose of construction and operating a wireless
communication facility. A5323. Approved as part of the Consent
Calendar.
2.N. DEDUCTIVE CHANGE ORDER NO. 1 TO AGREEMENT NO. A5257
EXPAND TERMINAL/HOLDROOMS-ADD CHECKPOINT PHASE 3,
PART 2 SCHEDULE I, CITY PROJECT 2005-10:
ACTION: 1) Adopt Minute Order No. 7900, Approving Change Order No.
1 to Agreement No. A5257 with Harbor Construction Co., Inc- for revisions
and modifications for the construction of the new regional holdroom
DECREASING the amount by $823,365, and reducing the total contract
price from $9,278,000 to $8,454,635 pending FAA approval; and 2)
Authorize the City Manager to execute all necessary documents. A5257.
Approved as part of the Consent Calendar.
City Council Minutes
July 26, 2006
Page 9
2.0. AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING
REGARDING MEASURES TO MINIMIZE AND MITIGATE TAKE OF THE
COACHELLA VALLEY FRINGE-TOED LIZARD:
ACTION: 1) Approve Minute Order No. 7901, Approving Amendment No.
5 to Agreement No. A4366 Memorandum of Understanding regarding
measures to minimize and mitigate take of the Coachella Valley fringe-
toed lizard; and 2) Authorizing the Mayor to execute the Amendment to
the Agreement. A4366. Approved as part of the Consent Calendar.
2.P, APPROVAL OF FINAL MAP 33933 AND A SUBDIVISION
IMPROVEMENT AGREEMENT WITH PS AVENIDA CABALLEROS/SAN
RAFAEL LLC, FOR 57 SINGLE FAMILY HOMES LOCATED AT 1110
FRANCIS DRIVE, IN SECTION 2, TOWNSHIP 4 SOUTH, RANGE 4
EAST:
ACTION: 1) Adopt Resolution No. 21692 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING FINAL MAP 33933 FOR PROPERTY LOCATED AT 1110
FRANCIS DRIVE, IN SECTION 2, TOWNSHIP 4 SOUTH, RANGE 4
EAST, AND APPROVING A SUBDIVISION IMPROVEMENT
AGREEMENT WITH PS AVENIDA CABALLEROS/SAN RAFAEL LLC, A
DELAWARE LIMITED LIABILITY COMPANY;" and 2) Authorize the City
Manager to execute all necessary documents. A5324. Approved as part
of the Consent Calendar, noting the business related abstention of
Councilmember Mills.
2.R. APPROVE CONTRACT SERVICES AGREEMENT WITH CAROLLO
ENGINEERS TO PREPARE A CAPITAL REPAIR AND REPLACEMENT
PLAN FOR THE CITY'S WASTEWATER TREATMENT PLANT:
ACTION: 1) Adopt Minute Order No. 7902, Approving in a form
acceptable to the City Attorney, a contract services agreement with
Carollo Engineers to prepare a Capital Repair and Replacement Plan for
the City's Wastewater Treatment Plant in an amount not-to-exceed
$77,531; and 2) Authorize the City Manager to execute all necessary
documents to effectuate this agreement. A5325. Approved as part of the
Consent Calendar.
2.5. SIDE LETTER OF AGREEMENT TO THE MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN THE MUNICIPAL EMPLOYEE
RELATIONS REPRESENTATIVE (MERR) AND THE MANAGEMENT
ASSOCIATION OF PALM SPRINGS (MAPS):
ACTION: 1) Adopt Minute Order No. 7903, Approving the Side Letter of
Agreement to the July 1, 2005 to June 30, 2007 Memorandum of
Understanding between the Municipal Employee Relations Representative
and the Management Association of Palm Springs Representing the
Professional and Management Unit; and 2) Authorize the City Manager to
City Council Minutes
July 26, 2006
Page 10
execute the Side Letter of Agreement. A5158. Approved as part of the
Consent Calendar,
EXCLUDED CONSENT CALENDAR:
2.T. PROPOSED AGREEMENT FOR AIRPORT LANDSCAPE ARCHITECTURAL
SERVICES:
Councilmember Mills requested staff address the revised language in Exhibit A,
and if the project will be bid or a change order to the current contract, the
preparation of the project schedule, and wanted to ensure the Construction
Manager is working with the contractor.
ACTION: 1) Adopt Minute Order No, 7904, Approving an agreement for
i Landscaping and Architectural Services with Michael Buccino Associates for the
• Airport terminal courtyards in the amount of $94,000; and 2) Authorize the City
Manager to execute all necessary documents. A5326. Motion Councilmember
McCulloch, seconded by Councilmember Pougnet and unanimously carried
on a roll call vote.
2.Q. SECOND READING AND ADOPTION OF ORDINANCE NO. 1696 RELATING
TO THE ADOPTION OF ADDITIONAL REGULATORY PROVISIONS
GOVERNING THE USE OF PARKS, STREETS, AND PUBLIC AREAS:
ACTION: Waive further reading and adopt Ordinance No. 1696 "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING
' SECTION 11.40.015, AMENDING SUBSECTIONS 1.1.140, 11.40.010,
11.44.020, 11.44.030, 11.44.060, 11.44,080, 11.44.100, 11.63.010, AND
11.68.135, AND AMENDING SUBSECTIONS (a) AND (h) OF SECTION
11.44.040 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE
ADOPTION OF ADDITIONAL REGULATORY PROVISIONS GOVERNING THE
USE OF PARKS, STREETS, AND PUBLIC AREAS." Motion Councilmember
Pougnet, seconded by Councilmember McCulloch and unanimously carried
on a roll call vote.
3. LEGISLATIVE:
3.A. AIRPORT CONCESSION PROGRAM DEVELOPMENT PLAN:
City Manager Ready provided background information as outlined in the
staff report dated July 26, 2006.
Councilmember Pougnet requested staff address the food service
analysis, the concept of a care/bar, and requested sit-down dining.
Mayor Pro Tem Foat requested clarification with respect to issuing an RFP
and suggested the City bid the food service and bids address service and
training as part of the RFP process.
City Council Minutes
July 26, 2006
Page 11
3.13. PROPOSED ACTIONS REGARDING A REFERENDUM PETITION
FILED FOR ORDINANCE NO. 1689, RECONSIDERATION OF THE
ORDINANCE, OR CALLING AN ELECTION AND OTHER MATTERS AS
REQUIRED BY LAW, REGARDING THE EXTENSION OF A
DEVELOPMENT AGREEMENT WITH SHADOWROCK REAL ESTATE
DEVELOPMENT, LLC:
City Clerk Thompson provided background information as outlined in the
staff report dated July 26, 2006.
Mayor Pro Tom Foat requested the City Attorney outline the
circumstances in which an election may not be required, and requested
the City Clerk address the difference in cost between the different election
dates.
Councilmember Pougnet requested the City Attorney address the timing of
the lawsuit and if the City could expect resolution within the next 16
months.
ACTION: 1) Receive and File the Certificate of Sufficiency as prepared
and executed by the City Clerk; 2) Adopt Resolution No. 21693, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR
2006-07 FOR SIGNATURE VERIFICATION SERVICES RELATING TO A
FILED REFERENDUM PETITION; and 3) Adopt Resolution No. 21694,
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, ORDERING AND DIRECTING THE CITY
CLERK TO PREPARE ALL NECESSARY DOCUMENTS TO SUBMIT TO
THE QUALIFIED VOTERS AN ORDINANCE APPROVING THE
EXTENSION OF THE DEVELOPMENT AGREEMENT BETWEEN THE
CITY AND SHADOWROCK REAL ESTATE DEVELOPMENT, LLC., AT
THE MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 6,
2007." Motion Councilmember Pougnet, seconded by Mayor Pro Tom
Foat and unanimously carried on a roll call vote.
3.C. INTERIM URGENCY ORDINANCE PROHIBITING STREET LEVEL
OFFICES IN THE HISTORIC VILLAGE CENTER IN THE C-B-D ZONE,
ALLOWING STREET LEVEL FINANCIAL INSTITUTIONS IN THE
HISTORIC VILLAGE CENTER IN THE C-B-D ZONE SUBJECT TO A
CONDITIONAL USE PERMIT FOR A PERIOD OF 45-DAYS PENDING
THE COMPLETION OF A STUDY OF THE EFFECTS OF STREET
LEVEL OFFICE AND FINANCIAL INSTITUTION USES IN THE
HISTORIC VILLAGE CENTER OF THE CITY AND THE ADOPTION OF
ANY AND ALL AMENDMENTS TO THE CITY'S ZONING CODE AND
RELATED LAND USE REGULATIONS:
City Attorney Holland provided background information as outlined in the
staff report dated July 26, 2006.
City Council Minutes
July 26, 2006
Page 12
Councilmember Pougnet requested staff address the boundaries.
Mayor Pro Tern Foat requested a map to indicate the boundaries.
ACTION: 1) Waive reading of the Ordinance text and adopt by title only;
and 2) Adopt Ordinance No. 1699, "AN INTERIM URGENCY
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
PROHIBITING STREET LEVEL OFFICES IN THE HISTORIC VILLAGE
CENTER IN THE C-B-D ZONE, AND ALLOWING STREET LEVEL
FINANCIAL INSTITUTIONS IN THE HISTORIC VILLAGE CENTER IN
THE C-B-D ZONE SUBJECT TO A CONDITIONAL USE PERMIT, FOR A
PERIOD OF 45 DAYS PENDING THE COMPLETION OF A STUDY OF
THE EFFECTS OF STREET LEVEL OFFICE AND FINANCIAL
INSTITUTION USES IN THE HISTORIC VILLAGE CENTER OF THE
CITY AND THE ADOPTION OF ANY AND ALL AMENDMENTS TO THE
CITY'S ZONING CODE AND RELATED LAND USE REGULATIONS."
Motion Councilmember McCulloch, seconded by Councilmember
Pougnet and unanimously carried on a roll call vote.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
5.A. APPOINTMENTS TO THE HUMAN RIGHTS COMMISSION, BOARD OF
APPEALS, VILLAGEFEST BOARD AND PLANNING COMMISSION
FOR THE 2006 ANNUAL RECRUITMENT PROCESS:
City Clerk Thompson stated the City Council subcommittee of Mayor
Oden and Councilmember Pougnet recommend the appointment of
Barbara Barrett, Kris Benz and Thomas Johnston to the Human Rights
Commission; Denise Jacobs and Thomas Bianco to the VillageFest
Board. City Clerk Thompson stated the subcommittee of Mayor Oden and
Councilmember McCulloch recommend the appointment of Rod Bruce to
the Board of Appeals. Mayor Oden stated the City Council interviewed the
Planning Commission applicants and recommends the appointment of
Larry Hochanadel, Bill Scott and Jon Caffery to the Planning Commission.
Mayor Pro Tem Foat requested a separate vote for the Planning
Commission appointments.
ACTION: 1) Appoint Barbara Barrett, Kris Benz and Thomas Johnston to
the Human Rights Commission for the term ending June 30, 2009; 2)
Appoint Rod Bruce to the Board of Appeals (no-term); 3) Appoint Denise
Jacobs and Thomas Bianco to the VillageFest Board for the term ending
June 30, 2009. Motion Councilmember Mills, seconded by
Councilmember Pougnet and unanimously carried on a roll call vote.
City Council Minutes
July 26, 2006
Page 13
Mayor Pro Tern Foat stated her objection that a sitting commissioner was
not recommended for reappointment.
Councilmember McCulloch requested staff address the process.
Mayor Oden provided background information on the selection of
Commission and Board Members.
ACTION: Appoint Larry Hochanadel, Bill Scott and Jon Caffery to the
Planning Commission for the term ending June 30, 2009. Motion
Councilmember Mills, secorrded by Mayor Oden and carried 4-1 on a
roll call vote.
AYES: Councilmember McCulloch, Councilmember Mills,
Councilmember Pougnet, and Mayor Oden.
NOES: Mayor Pro Tern Foat.
The City Council recessed at 8:11 P.M.
The City Council reconvened at 8:19 P.M.
' SS. STUDY SESSION:
SS1. DISCUSSION AND DIRECTION ON A DRAFT ORDINANCE FOR THE
CHINO CONE AND ADJACENT AREAS:
Craig Ewing, Director of Planning Services, provided background
! information as outlined in the staff report dated July 26, 2006.
Councilmember Pougnet commented on the notice to the owners in the
planning areas.
Mayor Pro Tern Foat requested staff address the density transfer to
Planning Area 7, the difference between natural grade and finished grade,
and ownership in Planning Area 3.
Councilmember Pougnet commented on open space, based on the
definition in the ordinance.
Mayor Pro Tern Foat requested staff address if density transfer is allowed
off the Chino Cone, the restrictions on gated communities and grass
landscaping, commented on Planning Area 1 allowing 1 unit per 20 acres,
and the preparation of a Master Plan for Trails.
Councilmember Pougnet commented on the grass restrictions, and
provided background information on Planning Area 9, stated more
discussion needs to take place in Planning Area 9.
• City Council Minutes
July 26, 2006
Page 14
Councilmember Mills commented on the Chart on page 7 of the draft
' ordinance which reflects the open space on the Chino Cone, and
requested a column be added to reflect maximum floor area per unit.
' Councilmember McCulloch stated his concerns with rushing the process.
Mayor Pro Tem Foat commented that Smoketree Ranch has no grass,
and stated her concerns with the process.
Councilmember Mills commented on the timing of the proposed ordinance.
Councilmember Pougnet commented on the grass/lawn restrictions.
Mayor Oden commented on the impacts of delay in terms of the timeline,
requested the draft ordinance be available to the public for review.
SS2. GENERAL PLAN UPDATE, PRELIMINARY REVIEW OF THE DRAFT
HOUSING ELEMENT AND REVIEW OF DRAFT FINDINGS ON THE
CIRCULATION ELEMENT FUTURE TRAFFIC CONDITION MODEL:
Ken Lyon, Associate Planner, provided background information as
outlined in the staff report dated July 26, 2006.
Councilmember McCulloch stated the purpose of this item was to transmit
the documents to the Council for future discussion.
COUNCILMEMBER COMMENTS AND REPORTS:
Councilmember Pougnet wished City Manager David Ready a Happy Birthday!
ADJOURNMENT: The City Council adjourned at 9:04 P.M. to the Regular Meeting,
Wednesday, September 6, 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
6TH DAY OF SEPTEMBER, 2006.
MAYOR
ATTEST:
City Clerk