HomeMy WebLinkAbout2006-07-26 CC MINUTES 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 I.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 27. be removed from the Consent Calendar for separate
6scussion.
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
1 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 Tern 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.
1.13. 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 26, 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
1 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.
1.13. 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:
MAGDALENA MOLINA, Palm Springs, commented on Consent Calendar Item 2.Q.
regarding homeless issues.
PHILIP TEDESCO, Palm Springs, commented on Item 1.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
1 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.
1 Councilmember Pougnet briefly left Council Chamber.
City Council Minutes
July 26, 2006
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., 2.L., 2.M., 2.N., 2.0., 2.P., 2.R., and 2.5. Motion Mayor Pro Tem 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 1014416 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-EXCLUSIVE 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.
21. 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
1 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
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 1, 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
Rage 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
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, 11.68.010, 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 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 cafe/bar, and requested sit-down dining.
Mayor Pro Tern 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 Tern 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 Tem
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 Tern 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, seconded 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 Tern 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
6r" DAY OF SEPTEMBER, 2006.
/f"-�'U""
MAYOR
ATTEST:
y Clerk