HomeMy WebLinkAbout10/25/2006 - STAFF REPORTS - 2.B.PALM SPRINGS CITY COUNCIL
MONUTES
WEDNESDAY, OCTOBER 4, 2006
CITY COUNCIL CHAMBER
CALL TO ORDER: Mayor Oden called the meeting to order at 6:05 P.M.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262 and Brownies Troop 056 led the
Pledge.
INVOCATION: Rev. Kevin Johnson, Bloom in the Desert Ministries, led the Invocation.
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.
PRESENTATIONS:
Mayor Oden and the City Council announced the grand opening and road
improvements on Mesquite Avenue.
Mayor Oden and the City Council announced the unveiling of the Whirlwind Sculpture at
Ruth Hardy Park.
Mayor Oden and the City Council announced the pedestrian upgrades to signal lights
and crossings that assist the visually impaired.
Mayor Oden and the City Council announced the funding and the new Explosive
Detection Dog at the Palm Springs International Airport.
REPORT OF CLOSED SESSION: City Attorney Holland reported that at 5:00 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.
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City Clerk Thompson stated staff requested Item 2.J. be removed from the Consent
Calendar for an update and separate discussion.
Councilmember Pougnet requested Items 2.E. and 2.K. be removed from the Consent
Calendar for separate discussion.
Item No. n . B .
City Council Minutes
October 4, 2006
Page 2
Mayor Oden requested Item 2.K. be removed from the Consent Calendar for separate
discussion.
Councilmember McCulloch noted his business related abstention to Item No. 2.C.,
Warrant No. 1015908.
Councilmember Mills requested Items 2.17. and 2.G. be removed from the Consent
Calendar for separate discussion, and noted his business related abstention on Item
2.E.
ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded
by Mayor Pro Tern Foat and unanimously carried on a roll call vote.
1. PUBLIC HEARINGS:
I.A. AMENDMENT TO THE COMPREHENSIVE FEE SCHEDULE
INCREASING THE TAXICAB STANDARD PICK-UP FEE AT THE PALM
SPRINGS INTERNATIONAL AIRPORT:
City Manager Ready provided background information as outlined in the
staff report dated October 4, 2006.
Mayor Oden opened the public hearing, and no speakers coming forward
the public hearing was closed.
ACTION: Adopt Resolution No. 21720, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
INCREASING THE TAXICAB STANDARD PICK-UP FEE AND
AMENDING THE COMPREHENSIVE FEE SCHEDULE ADOPTED BY
RESOLUTION NO. 21578." Motion Mayor Pro Tern Foat, seconded by
Councilmember Mills and unanimously carried on a roll call vote.
13. CASE HSPB-49 PROPOSED DESIGNATION OF 640 NORTH INDIAN
CANYON DRIVE (SPANISH INN) AS A CLASS 1 HISTORIC SITE
APPLICATION BY NEJAT KOHAN AND HORMOZ RAMP:
ACTION: 1) Continue the Public Hearing to Wednesday, October 18,
2006; 2) Direct the City Clerk to post a Notice of Continued Public
Hearing. Motion Councilmember Mills, seconded by Councilmember
Pougnet and unanimously carried on a roll call vote.
1.C. OMNIPOINT COMMUNICATIONS (T-MOBILE), CASE NO. 5,1121,
CONDITIONAL USE PERMIT TO INSTALL A SIXTY FOOT HIGH
COMMERCIAL COMMUNICATION ANTENNA DESIGNED AS A
MONOPALM AND FOUR EQUIPMENT CABINETS WITHIN A 540
City Council Minutes
October 4, 2006
Page 3
SQUARE FOOT LEASE AREA AT 3455 NORTH INDIAN CANYON
DRIVE, ZONE C-M / M-1:
David Newell, Assistant Planner, provided background information as
outlined in the staff report dated October 4, 2006.
Mayor Pro Tem Foat requested staff address the questions outlined by the
Planning Commission with respect to sharing of towers, and providing a
map of all existing cell -towers in the City.
Mayor Oden requested staff address the term of the lease, and expressed
concern with respect to the General Plan Designation for this area due to
the number of poles.
Mayor Oden opened the public hearing and the following speaker
addressed the City Council.
B.P. HANRATH, T-Mobile, addressed the issue of sharing cell towers,
commented on the term of the lease, and the view of the site from the
street, and requested the City Council support the installation of the cell
tower.
No further speakers coming forward, the public hearing was closed.
The City Council discussed and/or commented on the following with
respect to the project: use of monopalms, landscaping and use of palm
trees in conjunction with monopalms, access, view from the street, and
fencing surrounding the project.
ACTION: Adopt Resolution No. 21721, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING CASE NO. 5.1121 CONDITIONAL USE PERMIT TO
INSTALL A SIXTY FOOT HIGH COMMERCIAL COMMUNICATION
ANTENNA AND FOUR EQUIPMENT CABINETS WITHIN A 540
SQUARE FOOT LEASE AREA AT 3455 NORTH INDIAN CANYON
DRIVE, C-M / M-1 ZONE, SECTION 34, T3S, R4E," amending the
Conditions of Approval to provide for a masonry wall from building to
building. Motion Councilmember Mills, seconded by Councilmember
Pougnet and carried 4-1 on a roll call vote.
AYES: Councilmember Mills, Councilmember Pougnet,
Mayor Pro Tem Foat, and Mayor Oden.
NOES: Councilmember McCulloch.
Councilmember Pougnet noted a business related conflict of interest with respect
to Item 1.D. and left Council Chamber.
City Council Minutes
October 4, 2006
Page 4
I.D. CASA VERONA CHANGE OF ZONE FROM 0-5 TO R-1-D AND
TENTATIVE TRACT MAP 33282 TO SUBDIVIDE AN APPROXIMATE
6.1 ACRE PARCEL INTO 25 SINGLE-FAMILY RESIDENTIAL LOTS,
LOCATED ALONG THE NORTH SIDE OF VERONA ROAD AND WEST
OF WHITEWATER RIVER:
Edward Robertson, Principal Planner, provided background information as
outlined in the staff report dated October 4, 2006.
Councilmember Mills requested staff address the required right-of-way.
Mayor Oden opened the public hearing, and the following speaker
addressed the City Council.
MARK TEMPLE, Representing Applicant, requested the City Council
approve the project and commented on the cooperative agreement with
the adjacent property owner with respect to the right -of -way -
No further speakers coming forward, the public hearing was closed.
Councilmember Mills requested the Applicant address the proposed HOA
and common areas.
Mayor Pro Tern Foat requested staff address the existing zoning
designation and the reclassification with respect to the General Plan
designation.
Councilmember Mills requested staff address the installation of a planter
on the common area cul-de-sacs.
ACTION: 1) Adopt Resolution No. 21722 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING TENTATIVE TRACT MAP 33282, FOR THE SUBDIVISION
OF AN APPROXIMATE 6.1 ACRE PARCEL INTO 25 SINGLE-FAMILY
RESIDENTIAL LOTS, LOCATED ON THE NORTH SIDE OF CASA
VERONA AND WEST OF WHITEWATER RIVER, ZONE 0-5, SECTION
6;" amending Engineering Condition No. 6 to require an additional right-of-
way of 18 feet across the adjacent property, and requiring planters at the
two cul-de-sacs of which size, location, and plant materials to be
determined by the Engineering Department, Planning Department and the
Fire Department and requiring a maintenance agreement with the
Homeowners Association; and 2) Waive the reading of the Ordinance text
in its entirety and introduce by title only; and 3) Introduce on first reading
Ordinance No. 1702 "AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY
APPROVING CASE NO. 5.1035, CHANGE OF ZONE FROM 0-5 (OPEN
LAND ZONE) TO R-1-D (SINGLE FAMILY RESIDENTIAL) FOR THE
City Council Minutes
October 4, 2006
Page 5
PROPERTY LOCATED ALONG THE NORTH SIDE OF VERONA ROAD
AND WEST OF WHITEWATER RIVER, ZONE 0-5, SECTION 6." Motion
Councilmember Mills, seconded by Mayor Oden, and 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.
Councilmember Pougnet returned to the dais.
I.E. APPLICATION BY MOUNTAIN TERRACE, 02, LLC, (MARSHALL
ININNS DESIGN GROUP) FOR A TENTATIVE TRACT MAP, (TTM
32736) A CONDOMINIUM MAP AND A MAJOR ARCHITECTURAL
APPLICATION (5,1112), FOR THE CONSTRUCTION OF A 41 UNIT
CONDOMINIUM COMPLEX, LOCATED ALONG THE NORTH SIDE OF
34TH AVENUE AT LAWRENCE STREET AND WEST OF THE DINAH
SHORE DRIVE BRIDGE.:
Edward Robertson, Principal Planner, provided background information as
outlined in the staff report dated October 4, 2006.
Mayor Oden opened the public hearing, and the following speaker
addressed the City Council.
MARSHALL ININNS, Representing Applicant, stated this is a
redevelopment area, the developer agrees with the Conditions of
Approval, and requested the City Council approve the project.
No further speakers coming forward, the public hearing was closed.
Councilmember Mills requested staff address the relationship of the
project to the bridge in terms of height, and further explain top plate and
maximum building height; commented on Building D and the distance
between buildings, and that the two-story buildings are not in the middle of
the complex which would allow views.
Mayor Pro Tern Foat requested staff address continuing the home
improvement funds for the Crossley Tract.
Councilmember Mills requested staff address internal walls within the
complex and private backyard space for units.
City Engineer Barakian requested the City Council append Engineering
Condition No. 11 with the verbiage "or obtain said easement from the
Coachella Valley Water District."
City Council Minutes
October 4, 2006
Page 6
ACTION: Adopt Resolution No. 21723 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
A MITIGATED NEGATIVE DECLARATION FOR TENTATIVE TRACT
MAP 32736, ARCHITECTURAL APPROVAL NO_ 5.1112-MAJ
APPROVING THE CONSTRUCTION OF 41 CONDOMINIUM UNITS ON
AN APPROXIMATE 7.6 ACRE PARCEL LOCATED ALONG THE NORTH
SIDE OF 34TH AVENUE AT LAWRENCE STREET AND WEST OF THE
DINAH SHORE DRIVE BRIDGE, ZONE R-G-A(6), SECTION 20"
appending Engineering Condition No. 11 with the verbiage "or obtain said
easement from the Coachella Valley Water District." Motion Mayor Pro
Tem Foat, seconded by Councilmember McCulloch and carried 4-1
on a roll call vote.
AYES: Councilmember McCulloch, Councilmember Pougnet, Mayor
Pro Tern Foat, and Mayor Oden.
NOES: Councilmember Mills.
1.F. PALM SPRINGS LLC (LAWRENCE RAEL) CASE NO. 5.1091
PLANNED DEVELOPMENT DISTRICT 324, AND CASE NO 3.2933,
VESTING TENTATIVE TRACT MAP NO. 34190 FOR THE
DEVELOPMENT OF 118 CONDOMINIUM UNITS AND 25,000 SQUARE
FEET OF COMMERCIAL SPACE ON 4.1 ACRES LOCATED AT THE
SOUTHEAST CORNER OF NORTH PALM CANYON DRIVE AND
ALEJO ROAD:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated October 4, 2006.
Mayor Oden opened the public hearing, and the following speakers
addressed the City Council.
LAWRENCE RAEL, Applicant, provided background information on the
proposed project.
KEITH MCCORMICK, Palm Springs, spoke in support of the proposed
project, and requested the City Council approve the project.
VIC GAINER, Palm Springs, commented on the cooperation of the
developer, and requested the City Council approve the project.
ROB HERVEY, Mortgage Banker representing Applicant, commented on
the success of the developer, and requested the City Council approve the
project.
JOHN WILLIAMS, Palm Springs, stated his support of the project, and
commented on the cooperation of the developer.
City Council Minutes
October 4, 2006
Page 7
SAM SPINELLO, Palm Springs, stated his support of the project, and
requested the City Council approve the project.
R. PLOSS, Palm Springs, spoke in support of the project, the cooperation
of the developer, and commented on the promenade and the solar
aspects of the project.
DR. BART APFELBAUM, Palm Springs, spoke in support of the design
and requested the City Council approve the project.
SHARON APFELBAUM, Palm Springs, stated her support for the project
and requested the City Council approve the project.
JONO HILDNER, Palm Springs, stated he has followed this project from
the beginning, stated his support, and requested the City Council approve
the project.
ED TORRES, PSEDC, read a statement from the PSEDC in support of
the proposed project.
JOY MEREDITH, Palm Springs, stated her support for the project.
WESLEY COLE, Palm Springs, stated his support for the proposed project
and commented on the solar energy component of the project.
BILL COCHRAN, Palm Springs, stated his support of the proposed project
and commented on the developer.
HADDON LIBBY, Palm Springs, stated his support of the proposed
project.
CLAIRE JORDAN GRANT, stated her support of the proposed project.
SCOTT LYLE, Palm Springs, commented on the cooperative efforts of the
developer, and stated his support of the proposed project.
TAMARA STEVENS, Palm Springs, provided positive comments on the
developer, and stated her support of the project.
FRANK TYSEN, Palm Springs, commented on the cooperative nature of
the developer and stated his support of the project.
Councilmember Pougnet requested the developer address the
preferences with local merchants.
City Council Minutes
October 4, 2006
Page 8
Councilmember Mills commented on a materials board and requested the
selection of final materials be returned to the City Council, commented on
the background information on the proposed project and the history, and
stated his support of the project.
Councilmember McCulloch commented on similar aspects of historic
properties being rendered in this project, and the quality of the project.
Mayor Pro Tom Foat stated this project is the perfect way to start the
revitalization of Palm Springs and the developer has set a new -standard.
Councilmember Pougnet requested the Applicant comment on the
anticipated date to start construction, and commented on the revitalization
of Downtown.
Councilmember McCulloch requested the City Attorney address if the City
Council could appoint a sub -committee to address proposed materials.
Mayor Oden commented on the visual impacts on Indian Canyon,
commented on the parking and housing components of the proposed
project, and the use of solar in the project.
ACTION: 1) Adopt Resolution No. 21724, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING CASE NUMBER 5.1091, PLANNED DEVELOPMENT
DISTRICT 324, CASE NUMBER 3.2933, VESTING TENTATIVE TRACT
MAP 34190, AND ARCHITECTURAL DESIGN FOR PALM SPRINGS LLC
(LAWRENCE RAEL), 118 CONDOMINIUM UNITS WITH 25,000
SQUARE FEET OF COMMERCIAL SPACE. ON 4.1 ACRES LOCATED
AT THE SOUTHEAST CORNER OF NORTH PALM CANYON DRIVE
AND ALEJO ROAD;" and 2) Adopt Resolution No. 21725, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP FOR
PLANNED DEVELOPMENT DISTRICT 324 FOR THE 4.1 ACRE
PROPERTY LOCATED ON THE SOUTHEAST CORNER OF NORTH
PALM CANYON DRIVE AND ALEJO ROAD," subject to final City Council
approval of the materials and color palette. Motion Mayor Pro Tern Foat,
seconded by Councilmember Pougnet and unanimously carried on a
roll call vote.
The City Council recessed at 8:30 P.M.
The City Council reconvened at 8:48 P.M.
City Council Minutes
October 4, 2006
Page 9
PUBLIC COMMENT:
ANDI BEARMAN, thanked the City Council for their support of the 2006 Pride Festival
and Parade and the support of the sponsorship agreement.
JOSEPH LAYNE, Palm Springs, announced the activities of the Palm Canyon Theatre
and stated his support for Item 5.C., amendment to the lease agreement for the
Theatre.
WESLEY COLE, Palm Springs, commented on green issues in the City of Palm
Springs.
BOB HELBLING, Palm Springs, commented on the proposed project by Lawrence Rae[,
Item 1.F., and requested higher penalties for graffiti.
COUNCILMEMBER COMMENTS AND REQUESTS: None.
CITY MANAGER'S REPORT: City Manager Ready commented on Code Enforcement
activities in the City and the Airport Holdroom Construction project.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.H., 2]., 2.L., 2.M., 2.N., and 2.0.
Motion Councilmember Mills, seconded by Councilmember McCulloch 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 October 4, 2006,
City Council Agenda. Approved as part of the Consent Calendar.
2.113. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of September 13, 2006, and
September 20, 2006. Approved as part of the Consent Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION:
1. Adopt Resolution No. 21726, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE
PERIOD ENDED 08-26-06 BY WARRANTS NUMBERED 410822
THROUGH 410892 TOTALING $84,275.04, LIABILITY CHECKS
NUMBERED 1015588 THROUGH 1015620 TOTALING
$135,925.46, THREE WIRE TRANSFERS FOR $53,931.40 AND
THREE ELECTRONIC ACH DEBITS OF $939,690.50 IN THE
AGGREGATE AMOUNT OF $1,213,822.40 DRAWN ON BANK OF
AMERICA."
City Council Minutes
October 4, 2006
Page 10
2. Adopt Resolution No. 21727, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE
PERIOD ENDED 09-09-06 BY WARRANTS NUMBERED 410893
THROUGH 410953 TOTALING $74,693.17, LIABILITY CHECKS
NUMBERED 1015817 THROUGH 1015851 TOTALING
$135,977.60, THREE WIRE TRANSFERS FOR $52,956.40 AND
THREE ELECTRONIC ACH DEBITS OF $931,734A8 IN THE
AGGREGATE AMOUNT OF $1,195,361.65 DRAWN ON BANK OF
AMERICA."
3. Adopt Resolution No. 21728, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY
WARRANTS NUMBERED 1015324 THROUGH 1015587 IN THE
AGGREGATE AMOUNT OF $3,057,793.49 DRAWN ON BANK OF
AMERICA."
4 Adopt Resolution No. 21729, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY
WARRANTS NUMBERED 1015621 THROUGH 1015816 IN THE
AGGREGATE AMOUNT OF $2,102,503.57 DRAWN ON BANK OF
AMERICA."
5. Adopt Resolution No. 21730, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY
WARRANTS NUMBERED 1015852 THROUGH 1016140 IN THE
AGGREGATE AMOUNT OF $2,486,286.50 DRAWN ON BANK OF
AMERICA."
6. Adopt Resolution No. 21731, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AN❑ DEMANDS BY
WARRANTS NUMBERED 1016141 THROUGH 1016147 IN THE
AGGREGATE AMOUNT OF $802,676.91 DRAWN ON BANK OF
AMERICA."
7. Adopt Resolution No. 21732, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE
PERIOD ENDED 9-23-06 BY WARRANTS NUMBERED 410954
THROUGH 411010 TOTALING $86,880.67, LIABILITY CHECKS
NUMBERED 1016148 THROUGH 1016153 TOTALING $3,460.92,
AND THREE ELECTRONIC ACH DEBITS OF $1,102,328.59 IN
THE AGGREGATE AMOUNT OF $1,192,670.18 DRAWN ON
BANK OF AMERICA." Approved as part of the Consent
Calendar.
City Council Minutes
October 4, 2006
Page 1 t
2.D. AMENDMENT NO. 1 TO AGREEMENT NO. A5058 WITH ASBURY
ENVIRONMENTAL SERVICES:
ACTION: 1) Adopt Minute Order No. 7920, Approving Amendment No_ 1
to Agreement No. A5058 with Asbury Environmental Services,
incorporating the Airport Scope of Services, Schedule of Compensation,
Schedule of Performance, and increasing the total contract amount not -to -
exceed $50,000.; and 2) Authorize the City Manager to execute all
necessary documents. A5058. Approved as part of the Consent
Calendar.
2.H. AWARD CONTRACT FOR AVIATION CONSULTING SERVICES TO
JOHN F. BROWN COMPANY, INC.:
ACTION: 1) Adopt Minute Order No. 7924, Approving an agreement with
John F. Brown Company, Inc. to provide Aviation Financial Consulting
Services at the Airport for a five-year period, that includes consulting costs
for Fiscal Year 2006-07 financial consulting projects in the amount of
$47,210.; and 2) Authorize the City Manager to execute all necessary
documents. A5349. Approved as part of the Consent Calendar.
2.1. AWARD CONTRACT FOR AIR SERVICE DEVELOPMENT
CONSULTING SERVICES:
ACTION: 1) Adopt Minute Order No. 7925, Approving an agreement with
Simat, Helliesen and Eichner, Inc. (SH&L) to provide Air Service
Development Consulting Services at the Airport for a five-year period that
includes consultant costs for air service development projects in an
amount not -to -exceed $125,000. annually; and 2) Authorize the City
Manager to execute all necessary documents. A5350. Approved as part
of the Consent Calendar.
2.L. APPROVAL OF A COOPERATIVE AGREEMENT WITH RIVERSIDE
COUNTY FLOOD CONTROL. AND WATER CONSERVATION DISTRICT
(RCFC) RELATED TO CONSTRUCTION OF THE PALM CANYON
WASH FLOODWALLS, CITY PROJECT NO. 90-06, RCFC PROJECT
NO. 6-0-00040:
ACTION: Adopt Minute Order No. 7928, Approving a Cooperative
Agreement with the Riverside County Flood Control and Water
Conservation District, associated with the construction, operation, and
maintenance of flood control improvements identified as "Palm Canyon
Wash Floodwalls" Project No. 6 0-00040; and 2) Authorize the City
Manager to execute all necessary documents. A5351. Approved as part
of the Consent Calendar.
2.M. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E)
AND AUTHORIZATION TO BID FOR THE STP PAVEMENT
City Council Minutes
October 4, 2006
Page 12
REHABILITATION PROJECT, CITY PROJECT 05-13, FEDERAL AID
PROJECT NO. STPL 5282 (024):
ACTION: Adopt Minute Order No, 7929, Approving the plans,
specifications, and working details for the STP Pavement Rehabilitation
Project, City Project 05-13, Federal Aid Project No. STPL 5282 (024), and
authorizing staff to advertise and solicit bids. Approved as part of the
Consent Calendar.
2.N. SPONSORSHIP AGREEMENT WITH GREATER PALM SPRINGS
PRIDE FOR THE 2006 PRIDE FESTIVAL. AND PARADE:
ACTION: 1) Adopt Minute Order No. 7930, Approving an Event
Sponsorship Agreement with Greater Palm Springs Pride, Incorporated for
the 2006 Greater Palm Springs Pride Festival and Parade and authorizing
up to $10,000. of in -kind support in a form acceptable to the City Attorney;
and 2) Authorize the City Manager to execute all necessary documents.
A5352. Approved as part of the Consent Calendar,
2.0. AWARD CONSTRUCTION CONTRACT TO GRANITE CONSTRUCTION
FOR THE REHABILITATION OF TAXIWAYS "A," "B," AND "C," CITY
PROJECT NO. CP 2006-09 (AIP 3-06-0181-40):
ACTION: Adopt Minute Order No. 7931, Approving a construction contract
with Granite Construction in the amount of $6,295,550.00 for rehabilitation
of taxiways "A," "B," and "C," City Project No. CP2006-09 (AIP 3-06-0181-
40), in a form acceptable to the City Attorney and subject to FAA approval.
A5353. Approved as part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
Councilmember Mills noted a business related conflict of interest and left Council
Chamber.
2.E. CHANGE ORDER NO. 2 WITH DOUG WALL CONSTRUCTION, INC. FOR
THE CONVENTION CENTER PROJECT RESTROOM REMODEL:
Councilmember Pougnet requested staff address if the project was bid, and
commented on the overall cost of the project.
ACTION: Adopt Minute Order No, 7921, Approving Change Order No. 2 to
Agreement No. A5253 with Doug Wall Construction, Inc. for the remodel of the
two main restrooms at the Convention Center in the amount of $156,763,78,
A5253. Motion Councilmember McCulloch, seconded by Mayor Oden and
carried 3-1 on a roll call vote.
AYES: Councilmember McCulloch, Mayor Pro Tern Foat, and Mayor
Oden.
NOES: Councilmember Pougnet.
ABSENT: Councilmember Mills.
City Council Minutes
October 4, 2006
Page 13
Councilmember Mills returned to the dais.
2.F. APPROVE AMENDMENT NO. 9 TO AGREEMENT NO, A4487 WITH VSA
AIRPORTS, INC. FOR AIRPORT DESIGN AND ENGINEERING SERVICES:
Councilmember Mills requested staff address if the proposed system was
incorporated into the original design and the ramifications of the adding the new
system.
ACTION: Adopt Minute Order No. 7922, Approving Amendment No. 9 to
Agreement No. A4487 with VSA Airports, Inc. in the amount of $47,000, to
provide design and engineering services for security and public information
display enhancements for the new Regional Jet Terminal, FAA AIP Project No. 3-
06 0181-37. A4487. Motion Councilmember Mills, seconded by
Councilmember McCulloch and unanimously carried on a roll call vote.
2.G. AWARD CONTRACT FOR AVIATION CONSULTING SERVICES TO
REYNOLDS SMITH AND HILL:
Councilmember Mills requested staff clarify whether this contract was for
construction or just for engineering.
ACTION: 1) Adopt Minute Order No. 7923, Approving an agreement with
Reynolds Smith and Hill to provide Aviation Consulting Services at the Airport for
a five-year period, that includes initial design and engineering costs for Fiscal
Year 2007 airfield overlay and construction projects in the amount of $1,140,783,
subject to FAA approval; and 2) Authorize the City Manager to execute all
necessary documents. A5348. Motion Councilmember Mills, seconded by
Mayor Oden and unanimously carried on a roll call vote.
2.J. APPROVE PURCHASE OF FIVE (5) NEW FORD 500 SEDANS AND ONE (1)
NEW FORD E-250 CARGO VAN:
City Manager Ready provided background information as outlined in the staff
report and requested the City Council amend the purchase by eliminating the
purchase of the cargo van to enable staff to locate a CNG cargo van,
ACTION: Adopt Minute Order No. 7926, Approving the purchase of five (5) new
2007 Ford 500 Sedans in an amount not -to -exceed $105,000.00 from Fritts Ford
of Riverside, California. Motion Councilmember Mills, seconded by
Councilmember McCulloch and unanimously carried on a roll call vote.
2.K. AMENDMENT NO. 2 TO AGREEMENT WITH DOKKEN ENGINEERING FOR
THE INDIAN AVENUE/INTERSTATE 10 INTERCHANGE
(CP #00-14):
Councilmember Pougnet requested staff address the fiscal impact and the
offsetting budget adjustment.
City Council Minutes
October 4, 2006
Page 14
Mayor Oden commented on the approval by CVAG.
ACTION: 1) Adopt Minute Order No. 7927, Approving Amendment No. 2 to
Agreement No. A4318 with Dokken Engineering in the amount of $340,720. for a
revised contract amount of $1,334,562. for new engineering tasks and a
prolonged project schedule in the Project Approval (PA/ED) phase of the Indian
Avenue/Interstate 10 Interchange, City Project No. 00-14; and 2) Authorize the
City Manager to execute all necessary documents. A4318. Motion
Councilmember Pougnet, seconded by Councilmember McCulloch and
unanimously carried on a roll call vote.
3. LEGISLATIVE;:
3.A, PROPOSED ORDINANCE AMENDING TITLE 12, CHAPTER 12.56 OF
THE PALM SPRINGS MUNICIPAL CODE REGARDING RESTRICTED
USE OF CERTAIN STREETS:
David Barakian, City Engineer, provided background information as
outlined in the staff report dated October 4, 2006.
ACTION. 1) Waive the reading of the Ordinance text in its entirety and
introduce by title only; and 2) Introduce on first reading Ordinance No.
1703, "AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTION 12.56.042 OF THE PALM
SPRINGS MUNICIPAL CODE ADDING LIVMOR AVENUE TO THE LIST
OF STREETS WHERE COMMERCIAL VEHICLES EXCEEDING
CERTAIN DESIGNATED WEIGHTS ARE PROHIBITED." Motion Mayor
Pro Tem Foat, seconded by Councilmember Mills and unanimously
carried on a roll call vote.
Councilmember Mills noted a business related conflict of interest with respect to
Item 3.13. and left Council Chamber.
3.IB. RESOLUTION OF INTENT TO ANNEX TERRITORY INTO COMMUNITY
FACILITIES DISTRICT FOR PUBLIC SAFETY SERVICES (CFD NO.
2005-1 PUBLIC SAFETY SERVICES ANNEXATION NO. 2):
Troy Butzlaff, Assistant City Manager -Administration, provided
background information as outlined in the staff report dated October 4,
2006.
Councilmember McCulloch noted his opposition to the Community
Facilities District, as the formation of the district is not within the spirit of
California Law_
ACTION: 1) Accept and File the Petition for Annexation and the Waiver of
Certain Election Procedures; 2) Adopt Resolution No. 21733, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
City Council Minutes
October 4, 2006
Page 15
SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO AUTHORIZE
THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES
DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES);" 3) Adopt
Resolution No. 21734, "A RESOLUTION OF THE, CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE
BOUNDARY MAP SHOWING TERRITORY PROPOSED TO BE
ANNEXED IN THE FUTURE TO COMMUNITY FACILITIES DISTRICT
NO. 2005-01 (PUBLIC SAFETY SERVICES),` and 4) Order the public
hearing for 6:00 P.M. on November 15, 2006 to receive and consider
public testimony, for the filing of written protests by property owners
regarding the annexation of territory into Community Facilities District No.
2005-01, and the levy of a special tax; if no "majority protest," a special
landowner election will be called for immediately thereafter. Motion Mayor
Pro Tern Foat, seconded by Mayor Oden and carried 3-1 on a roll call
vote.
AYES: Councilmember Pougnet, Mayor Pro Tern Foat,
and Mayor Oden.
NOES: Councilmember McCulloch.
ABSENT: Councilmember Mills.
Councilmember Mills returned to the dais.
4. UNFINISHED BUSINESS: None.
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5.A. AMENDMENT NO. 2 TO THE ALLOCATED POSITIONS AND
COMPENSATION PLAN FOR FISCAL YEAR 2006-07:
Troy ButzlafF, Assistant City Manager -Administration, provided
background information as outlined in the staff report dated October 4,
2006.
Councilmember Pougnet requested staff address whether an individual
has been identified for the TOT audit program.
ACTION: Adopt Resolution No. 21736, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING AMENDMENT NO. 2 TO THE ALLOCATED POSITIONS
AND COMPENSATION PLAN ADOPTED BY RESOLUTION NO. 21612."
Motion Councilmember Pougnet, seconded by Councilmember Mills
and unanimously carried on a roll call vote.
City Council Minutes
October 4, 2006
Page 16
5.13. PROPOSED SCALPING ALTERNATIVES; TURF BUY-BACK
PROGRAM AND WATER SMART LANDSCAPING PROGRAM:
Troy Butzlaff, Assistant City Manager -Administration, provided
background information as outlined in the staff report dated October 4,
2006.
Councilmember Mills requested staff address the scope of the two -
programs as Single Family Residential only, long-term studies addressing
the effects of the simulated grass; and expressed concerns with the Turf
Buy -Back Program.
Mayor Oden commented on the proposed programs and suggested staff
perform additional research on the Turf Buy -Back Program.
Councilmember McCulloch requested the City Attorney address if the City
could require a "waiver of liability" as a requirement to participation in the
programs.
ACTION: Receive and file the two proposed scalping alternatives; and 2)
Direct staff to continue development of the Turf Buy -Back program and the
Water Smart Landscaping Program. By consensus of the City Council.
The City Council convened at 9:17 P.M. as a Joint Meeting of the City Council
and the City of Palm Springs Community Redevelopment Agency.
5.C. APPROVAL OF AMENDMENT NO. 4 TO A LEASE AGREEMENT WITH
THE PALM CANYON THEATER FOR THE PURPOSE OF
INCORPORATING AND COORDINATING TENANT IMPROVEMENTS
WITH THE PALM SPRINGS INTERNATIONAL FILM FESTIVAL INTO
THE FACILITY, MAKING A $200,000. TENANT IMPROVEMENT
ALLOWANCE FOR THE CITY OWNED PROPERTY AT FRANCES
STEVENS PARK LOCATED AT 538 NORTH PALM CANYON DRIVE:
ACTION: CITY COUNCIL ACTION: 1) Adopt Resolution No. 21736, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING AN AMENDMENT TO A LEASE
AGREEMENT WITH PALM CANYON THEATER FOR THE PURPOSE
OF INCORPORATING AND COORDINATING THE PALM SPRINGS
INTERNATIONAL FILM FESTIVAL INTO THE FACILITY, MAKING A
TENANT IMPROVEMENT CONTRIBUTION IN THE AMOUNT OF
$200,000. FOR A CITY OWNED PROPERTY LOCATED AT 538 NORTH
PALM CANYON DRIVE;" and 2) Adopt Resolution No. 21737, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR
2006-07." A3785. Motion Mayor Pro Tern Foat, seconded by Mayor
Oden and unanimously carried on a roll call vote.
City Council Minutes
October 4, 2006
Page 17
COUNCILMEMBER COMMENTS AND REPORTS:
Mayor Pro Tem Foat commented on the police activity with respect to the Medical
Marijuana Dispensary on Palm Canyon in the North end of the City and requested
Police Chief Jeandron address the activity and records of patients.
Councilmember Pougnet asked staff for the report on code violations at the Fashion
Plaza, and requested staff follow-up with the developer of the Palm Hotel as to the
estimated construction start date.
Mayor Oden outlined the activities and events attended by the Mayor's office.
ADJOURNMENT: The City Council adjourned at 9.32 P.M. to a Joint Meeting of the
Palm Springs City Council and the Tribal Council of the Agua Caliente Band of Cahuilla
Indians, Wednesday, October 11, 2006, at 6:00 P.M. at the Palm Springs Convention
Center, Smoketree Room A-C, 277 North Avenida Caballeros, Palm Springs, preceded
by a City Council Closed Session at 5:00 P.M_ at the Convention Center.
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS
251h DAY OF OCTOBER, 2006.
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City Clerk
PALM SPRINGS CITY COUNCIL
MINUTES
WEDNESDAY, OCTOBER 18, 2006
CITY COUNCIL CHAMBER
CALL TO ORDER: Mayor Oden called the meeting to order at 6:05 P.M.
PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard, led the
Pledge.
INVOCATION: Reverend Devona Cox, Retired Religious Science Ministries, led the
Invocation.
ROLL CALL:
PRESENT: Councilmember McCulloch, Councilmember Mills, Councilmember
Pougnet, Mayor Pro Tem Foat, and Mayor Oden.
ABSENT: None.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS:
Police Chief Jeandron administered the Oath of Office to Police Officer Michael
Delaney, and introduced Officer Delaney to the City Council.
Mayor Oden and the City Council presented a Certificate of Recognition to Lois Ware, a
nominee for the California On Location Awards.
Mayor Oden announced the City's achievement as recipient of the "Best in the West"
2006 Gold Nugget Award - "In Recognition of Excellence and Value for the Palm
Springs Convention Center Expansion."
Mayor Oden and the City Council presented a Proclamation to the Visiting Nurses
Association of the Inland Counties, for their commitment and dedication in bringing
excellent health care services to the citizens of the City of Palm Springs.
Alison Elsner, Representing the YMCA, presented the City Council a proclamation for
the City's support of the YMCA.
REPORT OF CLOSED SESSION: City Attorney Holland reported that at 4:30 P.M. the
meeting was called to order and the City Council added one item to the Closed Session,
by unanimous vote (4-0) noting the absence of Councilmember Mills, for Conference
with Real Property Negotiator, to discuss price and terms, for the United Condominium
Corporation parcel, Business Lease PSL-236, pursuant to Government Code Section
54956.8; after making the finding that the Item came to the attention to the City after the
posting of the Agenda, and the immediate need to take action on the Item. The City
Council recessed into Closed Session to discuss matters on the Closed Session
City Council Minutes
October 18, 2006
Page 2
Agenda. The City Council took action on the United Condominium Corporation parcel,
Business Lease PSL-236, approving a modification in terms, on -file in the Office of the
City Clerk. No other reportable actions were taken.
ACCEPTANCE OF THE AGENDA:
Mayor Oden requested Public Hearing Item 1.E. be taken out of order and heard as the
first public hearing.
Councilmember Mills noted his business related abstention on Consent Calendar Items
2.G. and 2.H., and requested Item 2.J. be removed from the Consent Calendar for
separate discussion.
Councilmember Pougnet noted his business related abstention on Consent Calendar
Item 2.E., and requested Items 2.H., 2.K., and 2.T. be removed from the Consent
Calendar for separate discussion.
Mayor Pro Tern Foat noted her property related abstention on Consent Calendar Item
2.K. and requested Item 2.P. be removed from the Consent Calendar for separate
discussion.
Councilmember McCulloch requested Item 2.G. be removed from the Consent Calendar
for separate discussion.
ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded
by Mayor Pro Tern Foat and unanimously carried on a roll call vote.
11. PUBLIC HEARINGS:
The City Council heard Item I.E. out of order.
1.E. APPROVAL OF AMENDMENT NO. 3 TO A DISPOSITION AND
DEVELOPMENT AGREEMENT WITH THE AGUA CALIENTE BAND OF
CAHUILLA INDIANS ON PROPERTIES IN PROXIMITY TO THE SPA
HOTEL AND SPA RESORT CASINO, SECTION 14, MERGED
PROJECT AREA NO.2 (A0339C):
John Raymond, Director of Community and Economic Development,
provided background information as outlined in the staff report dated
October 18, 2006.
Mayor Oden opened the public hearing, and the following speaker
addressed the City Council.
TOM DAVIS, Representing the Agua Caliente Band of Cahuilla Indians,
requested the City Council approve the Amendment.
City Council Minutes
October 18, 2006
Page 3
No further speakers coming forward, the public hearing was closed.
Councilmember Mills requested staff address the vacation of streets.
Councilmember Pougnet requested staff address the boundaries of the
project.
ACTION: Adopt Resolution No. 21741, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
CONCURRING WITH THE COMMUNITY REDEVELOPMENT AGENCY
REGARDING THE APPROVAL OF A RESOLUTION OF THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 3 TO A
DISPOSITION AND ❑EVELOPMENT AGREEMENT WITH THE AGUA
CALIENTE BAND OF CAHUILLA INDIANS ON PROPERTIES IN
PROXIMITY TO THE SPA HOTEL AND SPA RESORT CASINO,
SECTION 14, MERGED PROJECT AREA NO. 2." Motion
Councilmember Mills, seconded by Councilmember Pougnet and
unanimously carried on a roll call vote.
Mayor Pro Tem Foat stated she has a property related conflict of interest with
respect to Item 1.A. and left Council Chamber.
1.A. REQUEST FOR DESIGNATION OF A CLASS 1 HISTORIC SITE FOR
PROPERTY LOCATED AT 640 NORTH INDIAN CANYON DRIVE -
CASE 5.10121 HSPB NO, 49:
Ken Lyon, Associate Planner, provided background information as
outlined in the staff report dated October 18, 2006.
Mayor Oden requested staff address whether the Council has designated
any property under construction.
Councilmember Pougnet requested staff address the difference in
recommendations with respect to staff and the Historic Site Preservation
Board.
Mayor Oden requested staff address the designation with respect to
"important persons."
Mayor Oden opened the public hearing, and the following speakers
addressed the City Council.
BAI 'TOM" TANG, Representing Applicant, commented on the elements
that qualify the property for historic designation, and requested the City
Council support the designation as a Class 1 Historic Site.
City Council Minutes
October 18, 2006
Page 4
LISA LUISI, Palm Springs, Representing Owner of the Spanish Inn,
provided information on the history of the existing complexes, and
requested the City Council support the designation as a Historical Site.
CHARLES SACHS, Palm Springs, read a statement by Roxann Floss,
and requested the City Council support the designation of the property as
a Historic Site.
CATHERINE McMILLAN, Palm Springs, stated her opposition to the
property being designated as a Historical Site, and commented on
neighborhood problems with the property.
No further speakers coming forward, the public hearing was closed.
Councilmember McCulloch requested staff address the previously
approved schedule of improvements.
Mayor Oden commented on the history of the site in relation to the rise of
small hotels, the previous code enforcement issues with the site, and
requested the Applicant finish the construction before requesting
designation.
Councilmember Mills requested staff address the historic site process in
terms of the current progress and construction of the site, commented on
the significance of the site, requested staff address Condition 3 in the
proposed resolution, and expressed concerns with the project.
Councilmember Pougnet commented on the previous actions by the City
Council for an adaptive reuse plan, and requested staff to determine if the
property is subject to the City's Vacant Building Ordinance.
ACTION: Direct staff to return to the City Council with a resolution denying
the request for designation as a Class 1 Historic Site. Motion
Councilmember Mills, seconded by Mayor Oden and unanimously
carried 4-0 on a roll call vote.
AYES: Councilmember McCulloch, Councilmember Mills,
Councilmember Pougnet, and Mayor Oden.
NOES: None.
ABSENT: Mayor Pro Tern Foat.
Mayor Pro Tern Foat returned to the dais.
1.B. AN APPLICATION BY MESQUITE VILLAS 03, LLC, (MARSHALL
ININNS DESIGN GROUP) FOR A TENTATIVE TRACT MAP, (TTM
32071) FOR A CONDOMINIUM MAP FOR THE DEVELOPMENT OF A
City Council Minutes
October 18, 2006
Page 5
90-UNIT CONDOMINIUM COMPLEX, LOCATED ALONG THE SOUTH
SIDE OF MESQUITE AVENUE AN❑ WEST OF BELARDO AND EAST
MESQUITE AVENUE:
Edward Robertson, Principal Planner, provided background information as
outlined in the staff report dated October 18, 2006.
Councilmember Pougnet requested staff address the "buildable" area due
to slope.
Councilmember Mills requested staff address the development standards
in relation to the slope.
Mayor Pro Tern Foat left the meeting at 7:16 P.M.
Mayor Oden opened the public hearing, and the following speakers
addressed the City Council.
MARSHALL ININNS, Representing Applicant, commented on the open
space and "buildable" area, outlined the components of the project, and
stated he has contacted and is working the neighborhood.
JUDY HALL, Palm Springs, President HOA Park View Mobile Homes,
stated the Applicant is working with Park View Mobile Home residents to
meet their concerns, and that the majority of the Homeowners support the
project.
No further speakers coming forward, the public hearing was closed.
Councilmember Mills requested staff identify the location of the air
conditioning units, requested staff address the backup requirement out of
driveways, commented on the landscape plan at the end of Mesquite, and
requested the Applicant address the backup requirements out of
driveways.
Councilmember Pougnet requested staff address the General Plan
designation and commented on the fire access.
Mayor Oden requested staff address the center car back out plan and
requested the Fire Chief address the Fire Department access.
ACTION: Adopt Resolution No. 21738, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
A MITIGATED NEGATIVE DECLARATION FOR TENTATIVE TRACT
MAP 32071 THEREBY ALLOWING A PROPOSED PROJECT FOR A 90-
UNIT CONDOMINIUM COMPLEX, ON AN APPROXIMATELY 6.8-ACRE
PARCEL, LOCATED ALONG THE SOUTH SIDE OF MESQUITE
City Council Minutes
October 18, 2006
Page 6
AVENUE AND WEST OF BELARDO AND EAST MESQUITE AVENUE,
ZONE R-3, SECTION 22," and direct staff to review the driveway back-up
area requirements, and adjust if necessary during the final map approval
process. Motion Councilmember McCulloch, seconded by
Councilmember Mills and carried 3-1 on a roll call vote.
AYES: Councilmember McCulloch, Councilmember Mills,
and Mayor Oden.
NOES: Councilmember Pougnet.
ABSENT: Mayor Pro Tem Foat.
I.C. AN APPLICATION BY BRUCE R. OSTRANDER FOR CORDON
ELKINS, ET AL, FOR TENTATIVE PARCEL MAP 35046 TO SUBDIVIDE
THE AIRSPACE FOR AN APPROXIMATE 0.22-ACRE PARCEL FROM
TENANCY -IN -COMMON OWNERSHIP OF FOUR ATTACHED MULTI-
FAMILY UNITS TO CONDOMINIUM OWNERSHIP LOCATED AT 993
EAST PAROCELA PLACE, ZONED R-2, SECTION 23:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated October 18, 2006.
Mayor Oden opened the public hearing, and the following speakers
addressed the City Council.
BRUCE OSTRANDER, Representing Applicant, requested the City
Council approve the project.
BOB HELBLING, Palm Springs, stated his support for the project, and
requested the City Council approve the project.
No further speakers coming forward, the public hearing was closed.
Councilmember Mills commented on the lack of covered parking for
substandard lots for these types of conversions.
Councilmember Pougnet requested staff address the conversion issues
and the covered parking issues.
Councilmember McCulloch requested the City Attorney address the issue
as setting a prescient.
ACTION: Adopt Resolution No. 21739, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A PARCEL MAP TO SUBDIVIDE AIRSPACE FOR
CONDOMINIUM OWNERSHIP OF FOUR EXISTING ATTACHED MULTI-
FAMILY UNITS, LOCATED AT 993 EAST PAROCELA PLACE, SECTION
City Council Minutes
October 18, 2006
Page 7
23, APN: 508-215-004." Motion Councilmember Pougnet, seconded by
Mayor Oden and carried 3-1 on a roll call vote.
AYES: Councilmember McCulloch, Councilmember
Pougnet, and Mayor Oden.
NOES: Councilmember Mills.
ABSENT: Mayor Pro Tem Foat.
The City Council directed staff to schedule a City Council study session to
discuss covered parking requirements for substandard lots and conversions.
1.11). AN APPLICATION BY FIVE STAR DEVELOPMENT, LLC, OWNERS OF
IRONWOOD CONDOMINIUMS, REQUESTING APPROVAL OF A
TENTATIVE TRACT MAP 34933 FOR THE DEVELOPMENT OF
TWELVE TWO -BEDROOM RESIDENTIAL CONDOMINIUM UNITS, ON
A SITE MEASURING APPROXIMATELY THREE QUARTERS OF AN
ACRE, LOCATED AT 720 AND 750 SOUTH CALLE PALO FIERRO,
ZONE R-3, SECTION 23:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated October 18, 2006.
Mayor Oden opened the public hearing, and the following speaker
addressed the City Council.
LARRY HOCHANADEL, Representing Applicant, stated he was available
for any questions, and requested the City Council approve the project.
No further speakers coming forward, the public hearing was closed.
Councilmember Pougnet requested staff address the use of the adjoining
properties.
ACTION: Adopt Resolution No. 21740, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING TENTATIVE TRACT MAP 34933 TO DIVIDE AIRSPACE
FOR A ONE LOT CONDOMINIUM MAP TO CONSTRUCT TWELVE
RESIDENTIAL CONDOMINIUM UNITS LOCATED AT 720 AND 750
SOUTH CALLE PALO FIERRO, ZONE R-3, SECTION 23." Motion
Councilmember Mills, seconded by Councilmember Pougnet and
unanimously carried 4-0 on a roll call vote.
AYES: Councilmember McCulloch, Councilmember Mills,
Councilmember Pougnet, and Mayor Oden.
NOES: None.
ABSENT: Mayor Pro Tern Foat.
City Council Minutes
October 18, 2006
Page 8
PUBLIC COMMENT:
DAVID MORGAN, Palm Springs, commented on Consent Calendar Item 2.P. and
requested the City Council consider a sponsorship opportunity.
KENNETH GREGORY, La Ouinta, introduced himself as a candidate for Trustee of
Area 4 for the Desert Community College District.
COUNCILMEMBER COMMENTS AND REQUESTS: None.
CITY MANAGER'S REPORT: City Manager Ready reported on the TUMF fees audit by
CVAG, provided an update on code enforcement activities, and commented on the
pedestrian bridge at the wash.
The City Council recessed at 8:05 P.M. as the Community Redevelopment Agency.
The City Council reconvened at 8:11. P.M.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 23., 2.C., 2.D., 2.E., 2.F., 2.1., 2.L., 2.M., 2.N.,
2.0., 2.Q., 2.R., and 2.S. Motion Councilmember McCulloch, seconded by
Councilmember Mills and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember McCulloch, Councilmember Mills,
Councilmember Pougnet, and Mayor Oden.
NOES: None.
ABSENT: Mayor Pro Tem Foat.
2.A. REPORT ON POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the October 18, 2006,
City Council Agenda. Approved as part of the Consent Calendar.
2.13. APPROVAL OF MINUTES:
ACTION. Approve the City Council Minutes of October 11, 2006.
Approved as part of the Consent Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 21742, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1016154 THROUGH 1016292 IN THE AGGREGATE
AMOUNT OF $1,254,661.41 DRAWN ON BANK OF AMERICA;" and 2)
Adopt Resolution No. 21743, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED
1016293 AND 1016294 IN THE AGGREGATE AMOUNT OF $877,342.08
City Council Minutes
October 18, 2006
Page 9
DRAWN ON BANK OF AMERICA." Approved as part of the Consent
Calendar.
2.D. STAFF AUTHORIZED AGREEMENTS FOR SEPTEMBER 2006:
ACTION: Receive and file Staff Authorized Agreements covering the
period September 1 through September 30, 2006. Approved as part of
the Consent Calendar.
2.E. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE
NO. 1702, AN ORDINANCE OF THE CITY OF PALM SPRINGS
AMENDING THE ZONING MAP BY APPROVING CASE NO, 5.1035-
CHANGE OF ZONE FROM 0-5 (OPEN LANDS ZONE) TO R-1-D
(SINGLE -MULTI -FAMILY RESIDENTIAL) FOR THE PROPERTY
LOCATED ALONG THE NORTH SIDE OF NORTH VERONA ROAD
AND WEST OF WHITEWATER RIVER:
ACTION: Waive further reading and adopt Ordinance No. 1702, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE ZONING MAP BY APPROVING CASE NO. 5.1035-
CHANGE OF ZONE FROM 0-5 (OPEN LANDS ZONE) TO R-1-D
(SINGLE -MULTI -FAMILY RESIDENTIAL) FOR THE PROPERTY
LOCATED ALONG THE NORTH SIDE OF NORTH VERONA ROAD AND
WEST OF WHITEWATER RIVER, ZONE 0-5, SECTION 6." Noting the
business related abstention of Councilmember Pougnet. Approved as
part of the Consent Calendar.
2.F. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE
NO. 1703, AN ORDINANCE OF THE CITY OF PALM SPRINGS
AMENDING SECTION 12.56.042 OF THE PALM SPRINGS MUNICIPAL
CODE, ADDING LIVMOR AVENUE TO THE LIST OF STREETS WHERE
COMMERCIAL VEHICLES EXCEEDING CERTAIN DESIGNATED
WEIGHTS ARE PROHIBITED:
ACTION: Waive further reading and adopt Ordinance No. 1703, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 12.56.042 OF THE PALM SPRINGS MUNICIPAL
CODE, ADDING LIVMOR AVENUE TO THE LIST OF STREETS WHERE
COMMERCIAL VEHICLES EXCEEDING CERTAIN DESIGNATED
WEIGHTS ARE PROHIBITED." Approved as part of the Consent
Calendar.
2.1. AMENDMENT NO. 1 TO AIRPORT PARKING LOT MANAGEMENT
SERVICES AGREEMENT NO. A5215 WITH ACE PARKING
MANAGEMENT, INC:
ACTION: 1) Adopt Minute Order No, 7934, Approving Amendment No. 1
to Airport Parking Lot Management Services Agreement No. A5215 with
Ace Parking Management, Inc., effective September 1, 2006, and valid
until January 31, 2011, to add Taxi Starter Service as a reimbursable
City Council Minutes
October 18, 2006
Page 10
expense from taxi fees for the remaining four years and five months of the
Agreement; and 2) Authorize the City Manager to execute all necessary
documents. A5215. Approved as part of the Consent Calendar.
2.L. APPROVE VEHICLE OUTFITTING FOR POLICE DEPARTMENT:
ACTION: Adopt Minute Order No. 7937, Waiving the competitive
requirements of the Municipal Code and approving the purchase of
equipment and integration services For eight (8) police patrol vehicles from
Woodcrest Vehicle Center in the amount of $70,238.88. Approved as
part of the Consent Calendar.
2.M, RESIGNATION OF BOB TURANCHIK FROM THE RENT REVIEW
COMMISSION:
ACTION: 1) Accept with regret the resignation of Bob Turanchik from the
Rent Review Commission; and 2) Direct the City Clerk to post a Notice of
Vacancy and advertise the vacancy on PSCTV. Approved as part of the
Consent Calendar.
2.N. PROPOSED LETTER OF SUPPORT FOR THE INLAND EMPIRE
JURISDICTIONS' SUPPORT FOR THE GOODS MOVEMENT
INITIATIVE:
ACTION: Authorize the Mayor to execute the Statement By Elected
Representatives of Every Jurisdiction in San Bernardino and Riverside
Counties that Must Become Southern California's Overriding Priority
document. Approved as part of the Consent Calendar.
2.0. AGREEMENT WITH THE COUNTY OF RIVERSIDE FOR THE
OPERATION OF A HOUSEHOLD HAZARDOUS WASTE COLLECTION
FACILITY:
ACTION: 1) Adopt Minute Order No. 7938, Approving an agreement with
the County of Riverside for the operation of a permanent household
hazardous waste collection facility at the City's Fire Training Center; and
2) Authorize the City Manager to execute all necessary documents.
A5358. Approved as part of the Consent Calendar,
2.Q. APPROVAL OF EXPENDITURE PLAN OF SUPPLEMENTAL LAW
ENFORCEMENT SERVICES FUNDS (SLESF) GRANT:
ACTION: 1) Adopt Minute Order No, 7939, Approving an expenditure plan
for $202,000 from a Supplemental Law Enforcement Services Fund
(SLESF) Grant from the State of California; and 2) Authorize the City
Manager to execute all necessary documents. Approved as part of the
Consent Calendar.
City Council Minutes
October 18. 2006
Page 11
2.R. APPROVE PURCHASE OF A BUILDING ACCESS
CONTROL/SECURITY SYSTEM FOR CITY HALL, EDOM HILL AND
POLICE DEPARTMENT.
ACTION: Adopt Minute Order No. 7940, Awarding RFP 03-07 to Ingersoll
Rand Security Technologies for the purchase and installation of a building
access control/security system at City Hall, Edom Hill, and the Police
Department in the amount of $110,863.89. Approved as part of the
Consent Calendar.
2.S. PROFESSIONAL SERVICES SOFTWARE LICENSE AGREEMENT
WITH CYRUN FOR THE COMPUTER -AIDED DISPATCH AND
RECORDS MANAGEMENT SYSTEM:
ACTION: 1) Adopt Minute Order No. 7941, Approving a Professional
Services Software License Agreement with Cyrun for the Computer -Aided
Dispatch and Records Management System. 2) Authorize the City
Manager to execute all necessary documents. A5359. Approved as part
of the Consent Calendar,
EXCLUDED CONSENT CALENDAR:
Councilmember Mills noted his business related conflict of interest with respect to Items
2.G. and 2.H. and left Council Chamber.
2.G. AN AGREEMENT WITH TERRA NOVA PLANNING & RESEARCH, INC. FOR
FOCUSED ENTITLEMENT AND RELATED PLANNING SERVICES FOR THE
OASI GROUP'S HOTEL PROJECT PA 06-012 WHICH PROPOSES THE
CONSTRUCTION OF A HOTEL AND CONDOMINIUM PROJECT
CONSISTING OF NO LESS THAN 200 HOTEL ROOMS AND
APPROXIMATELY 180 RESIDENTIAL CONDOMINIUM VILLAS/LOFTS ON
APPROXIMATELY TEN (10) ACRES AT THE CORNER OF NORTH AVENIDA
CABALLEROS AND EAST AMADO ROAD:
Councilmember McCulloch requested staff address the Master Plan for the area
and any potential expansion of the Convention Center.
ACTION: 1) Adopt Minute Order No. 7932, Approving an agreement with Terra
Nova Planning & Research, Inc. for the focused entitlement and related planning
services for the Oasi Group's Hotel Project PA 06-012 not to exceed $33,700.00;
and 2) Authorize the City Manager to execute all necessary documents in a form
acceptable to the City Attorney. A5354. Motion Councilmember McCulloch,
seconded by Councilmember Pougnet and unanimously carried 3-0 on a
roll call vote.
City Council Minutes
October 18, 2006
Page 12
AYES: Councilmember McCulloch, Councilmember Pougnet, and
Mayor Oden.
NOES: None.
ABSENT: Councilmember Mills, and Mayor Pro Tern Foat.
2.H. AN AGREEMENT WITH TERRA NOVA PLANNING & RESEARCH, INC. FOR
FOCUSED ENTITLEMENT AND PLANNING SERVICES FOR THE ONE PALM
SPRINGS PROJECT PA 06-013 WHICH PROPOSES THE CONSTRUCTION
OF 226+ MULTIPLE -STORY CONDOMINIUM UNITS ON A LEASED -LAND
PARCEL AT THE SOUTHEAST CORNER OF EAST AMADO ROAD AND
NORTH AVENIDA CABALLEROS:
Councilmember Pougnet requested staff address the planning process with
respect to the land lease with the Tribe.
ACTION: 1) Adopt Minute Order No. 7933, Approving an agreement with Terra
Nova Planning and Research, Inc. for Focused Entitlement and Planning
Services for One Palm Springs, Project PA 06-013 not to exceed $34,450.00;
and 2) Authorize the City Manager to execute all necessary documents in a form
acceptable to the City Attorney. A5355. Motion Councilmember Pougnet,
seconded by Councilmember McCulloch and unanimously carried 3-0 on a
roll call vote.
AYES: Councilmember McCulloch, Councilmember Pougnet, and
Mayor Oden.
NOES: None.
ABSENT: Councilmember Mills, and Mayor Pro Tern Foat.
Councilmember Mills returned to the dais.
2.J. NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT WITH MARRIOTT
OWNERSHIP RESORTS, INC. D/B/A MARRIOTT VACATION CLUB
INTERNATIONAL FOR TERMINAL COUNTER PROMOTIONAL SPACE:
Councilmember Mills requested staff address 'open" advertising and who is
permitted to advertise.
ACTION: 1) Adopt Minute Order No. 7935, Approving Non -Exclusive Operating
and Lease Agreement for Terminal Counter Promotional Space with Marriott
Ownership Resorts, Inc. d/b/a Marriott Vacation Club International effective
September 1, 2006, and valid until August 31, 2009, with two (2) one-year
options; 2) Authorize the City Manager to execute all necessary documents, and
City Council Minutes
October 18, 2006
Page 13
the two one-year options. A5356. Motion Councilmember Mills, seconded by
Councilmember Pougnet and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember McCulloch, Councilmember Mills,
Councilmember Pougnet, and Mayor Oden.
NOES: None.
ABSENT: Mayor Pro Tern Foat.
2.K. LICENSE AGREEMENT WITH ROSENAU INVESTMENTS, INC. DBA PEPPER
TREE INN, FOR PLACEMENT OF LAWN CHAIR ON PRIVATE PROPERTY:
Councilmember Pougnet requested the City Attorney address any liability on the
part of the City.
ACTION: 1) Adopt Minute Order No. 7936, Approving a License Agreement with
Rosenau Investments, Inc. DBA Pepper Tree Inn, for placement of Lawn Chair
on private property; and 2) Authorize the City Manager to execute all necessary
documents. A5357. Motion Councilmember Pougnet, seconded by
Councilmember Mills and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember McCulloch, Councilmember Mills,
Councilmember Pougnet, and Mayor Oden.
NOES: None.
ABSENT: Mayor Pro Tern Foat.
2.P. REQUEST FOR EVENT SPONSORSHIP - 3RD ANNUAL TASTE OF PALM
SPRINGS:
ACTION: Table to the meeting of November 1, 2006. By consensus of the City
Council.
2.T. CONFIRMATION OF THE DIRECTOR OF TOURISM PURSUANT TO
AGREEMENT NO, A4992 WITH SMG:
Councilmember Pougnet commented on the selection process, welcomed and
congratulated Mary Jo Ginther.
Mayor Oden commented on the Bureau of Tourism and the history of the Bureau,
and welcomed Mary Jo Ginther as the new director.
ACTION: Adopt Minute Order No. 7942, Confirming Mary Jo Ginther as the
Director of Tourism pursuant to Article 4 of Agreement No. A4992 with SMG.
Motion Councilmember McCulloch, seconded by Mayor Oden and
unanimously carried 4-0 on a roll call vote.
AYES: Councilmember McCulloch, Councilmember Mills,
Councilmember Pougnet, and Mayor Oden.
NOES: None.
ABSENT: Mayor Pro Tern Foat.
City Council Minutes
October 18, 2006
Page 14
3. LEGISLATIVE: None.
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5. NEW BUSINESS: None.
COUNCILMEMBER COMMENTS AND REPORTS:
Councilmember Pougnet thanked staff for the reports provided on the Convention
Center restroom remodel, the Fashion Plaza code violation report, and commented on
the Green Building Conference.
Councilmember Mills requested staff address the litter and maintenance along Highway
111 near the entry to the City.
Mayor Oden outlined the events and activities attended by the Mayor's Office.
ADJOURNMENT: The City Council adjourned at 8:38 P.M. to a Study Session and
Adjourned Regular Meeting, Wednesday, October 25, 2006, at 6:00 p.m. in the Council
Chamber, City Hall, preceded by a Closed Session at 5:00 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
251" DAY OF OCTOBER, 2006.
MAYOR
ATTEST;
City Clerk