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HomeMy WebLinkAbout11/15/2006 - STAFF REPORTS - 2.B. PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, OCTOBER 25, 2006 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting at 6:10 p.m. PLEDGE OF ALLEGIANCE: The Pledge was led by Councilmember McCulloch. ROLL CALL: PRESENT: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. ABSENT: None. ALSO City Manager Ready, City Attorney Holland, City Clerk Thompson. PRESENT: PRESENTATIONS: None. REPORT OF CLOSED SESSION: City Attorney Holland stated that at 5:00 p.m. the meeting was called to order, the City Council added two items to the Closed Session agenda, by unanimous vote (5-0) for Conference with Legal Counsel, two cases, existing litigation Litigation, Sierra Club v. City of Palm Springs, et. al., pursuant to Government Code Section 54956.9(a); after making the finding that the Items came to the attention to the City after the posting of the Agenda, and the immediate need to take action on the Items. The City Council recessed into Closed Session to discuss matters on the Closed Session Agenda. No other reportable actions were taken. ACCEPTANCE OF THE AGENDA: Mayor Pro Tern Foat requested removing Items 2.E. and 2.G. from the Consent Calendar for discussion, and stated she will abstain from voting on the October 18, 2006 Minutes due to absence from a portion the that meeting. ACTION: Accept the agenda as amended, removing Items 2.E. and 2.G. from the Consent Calendar for discussion. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. 1. PUBLIC HEARINGS: 1.A. THE PALM CANYON LLC, BRIAN LINNEKENS - CASE NO. 5.1042 PLANNED DEVELOPMENT DISTRICT 311 AND TENTATIVE TRACT MAP 33514 FOR THE DEVELOPMENT OF 124 CONDOMINIUM UNITS AND APPROXIMATELY 39,000 SQUARE FEET OF COMMERCIAL / RETAIL SPACE ON 2.67 ACRES, LOCATED AT 450-490 SOUTH PALM CANYON DRIVE: Item No. n . B . City Council Minutes October 25.2006 Page 2 Edward Robertson, Principal Planner, provided background information as outlined in the staff report dated October 25, 2006. Councilmember Pougnet inquired as to the building height on the west and south sides of the proposed project. Mayor Pro Tern Foat requested additional information regarding "comparison and existing zoning" as referenced on Page 40 of the staff report. Mayor Oden opened the public hearing and the following were called: BRIAN LINNEKENS, applicant, provided a visual overview presentation of the project, exterior elevations, ingress and egress to the development etc. and requested the City Council's support. ANA ESCALANTE, an architect for this project, representing applicant, provided an overview of the architectural design and features of the proposed project, and requested the City Council's support. LANCE O'DONNELL, an architect for this project, representing applicant, presented many of the architectural highlights of the project. TOM DOCZI, representing applicant, presented the site development and landscaping for the proposed project. VIC GAINER, Palm Springs, spoke in support of the project. JIM STEWART, Palm Springs, spoke in support of the project. CHARLES SACHS, Palm Springs, spoke in opposition to the project, feels there is insufficient parking available for both tenants and guests. ROXANN PLOSS, Palm Springs, spoke opposing the project as presented. JOY MEREDITH, Palm Springs, spoke in support of the project as presented. ED TORRES, Palm Springs, spoke in support of the project. JOHN PIVINSKI, spoke in support of the project and read a letter from the Palm Springs Chamber of Commerce supporting the project. PAUL MEDIANO, Palm Springs, spoke in support of the project. City Council Minutes October 25 2006 Page 3 MARK ANDERSON, Palm Springs, spoke in support of the project. BOB HELBLING, Palm Springs, spoke in support of the project. ROB FIRTH, Palm Springs, spoke in support of the project. LARRY GABLE, Palm Springs, spoke in support of the project. No others came forth to address the Mayor and Council; therefore, Mayor Oden closed the public hearing. Councilmember McCulloch spoke in support of the project and provided historical information relating to the area. Councilmember Pougnet ask for additional information regarding the parking requirements, traffic impact due to the project, security for the parking areas, parking along Indian Canyon, and the possibility of providing diagonal parking along Indian Canyon from Ramon to Alejo. He also commended the applicant for working with the community and incorporating the community's input in the development of the project. Councilmember Mills requested additional information relating to the diagonal parking. Councilmember Mills requested the motion to include a feasibility study for diagonal parking, inquired about the about the other tenants, as well as the timing relating to the demolition process. Councilmember Mills asked the architects for the project to provide additional information on the awning and the material used in the under structure. Councilmember Mills asked the landscape architect how the material will continue to look fresh in the planters. Councilmember Mills explained the reasons for planned development districts. Councilmember Mills requested that the Conditions of Approval include language addressing temporary barricades, and to require the project to provide solid barricades. He stated the barricades should be reflective of the City and the area, and include the architectural review process. Mayor Pro Tem Foat spoke of the temporary barricades, feels the dwelling units are small for the City of Palm Springs, and does not support the density, state her support for CC&Rs that would address the usage of City Council Minutes October 25,2006 Page 4 balconies and inquired about the height of the shade trees within the project. Mayor Oden commented on the possibility of various types of art on the temporary barricades, the positive community comments, and past discussion to turn Indian Canyon into a two way street. He requested information regarding how the General Plan will be treated, past discussion relating to the widening of Ramon Road in the General Plan and the possibility of the traffic congestion in the immediate area, retail along Indian Canyon, additional information relating to rooftop gardens and the number of returning tenants. Mayor Olden stated support of the proposed project, concerns regarding the density, belief that some of the dwellings are small for the area, and complimented the architectural team of this project, Councilmember Pougnet stated there has been discussion regarding turning Indian Canyon into a two-way street in the past and found it is best to leave it a one way street. He commented the smaller units would be more affordable housing as second homes. Mayor Oden stated this is not an area where affordable housing should be addressed. Councilmember Mills commented that the study asked for a financial feasibility study and the project has been designed based on that feasibility study. Additionally, he stated he is evaluating the project as a whole rather than the number of residential units in the project, and reiterated the fit of the project within an area is more important. Councilmember McCulloch stated his concurrence to Councilmember Mills' comments, and it would not be appropriate to require the developer to change the size of the units. Mayor Pro Tern Foat requested information relating to the performance bonding requirements for the proposed project. ACTION: 1) Adopt Resolution No. 21744, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (FEIR), AND APPROVING CASE NUMBER 5,1042, PLANNED DEVELOPMENT DISTRICT 311, AND TENTATIVE TRACT MAP 33514 FOR THE SOUTH PALM CANYON LLC, BRIAN LINNEKENS, A PROPOSED 124 CONDOMINIUM UNIT COMPLEX WITH APPROXIMATELY 39,000 SQUARE FEET OF COMMERCIAL SPACE ON 2.67 ACRES LOCATED AT 460-490 SOUTH PALM CANYON DRIVE" amending the Conditions of City Council Minutes October 25,2006 Page 5 Approval to add a condition "Prior to the issuance of Building Permits, if the City concludes that there is an acceptable angle parking design that it wished to implement, this project shall pay for its fair-share of such implementation,"and add a condition to require enhanced solid temporary barricades reflective of the City, and its design theme and future, and such barricades shall be subject to the Architectural Review and Approval Process; and 2) Adopt Resolution No. 21745, "A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING PLANNED DEVELOPMENT DISTRICT 311, FOR THE 2.67 ACRE PROPERTY LOCATED AT 450-490 SOUTH PALM CANYON DRIVE." Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. Mayor Olden called for a brief recess at 8:21 p.m.. The City Council reconvened at 8:34 p.m. Mayor Pro Tern Foat announced Mayor Oden will be absent for a few minutes. PUBLIC COMMENT: VIC GAINER, Palm Springs, spoke in support of Item 2.G. TAMARA STEVENS, Palm Springs, read a letter from Ed Torres in support of the Smoketree Commons project, Item 4.A. BOB HELBLING, Palm Springs, thanked the City for the graffiti hotline and provided additional comments on the Palm Canyon project. JOY MEREDITH, Palm Springs, spoke in support of the business improvement district and provided information on the upcoming meetings. COUNCILMEMBER COMMENTS AND REQUESTS: None. CITY MANAGER'S REPORT: None. 2. CONSENT CALENDAR: ACTION: Approve Items, 2.A., 2.B., 2.C., 2.D., and 2.F. 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 Pro Tern Foat. NOES: None. ABSENT: Mayor Oden. City Council Minutes October 25,2006 Page 6 2.A. REPORT ON POSTING OF THE AGENDA: ACTION: Receive and file Report an the Posting of the October 25, 2006, City Council Agenda. Approved as part of the Consent Calendar. 2.13. APPROVAL OF MINUTES: ACTION: Approve the City Council Minutes of October 4, 2006, and October 18, 2006- Approved as part of the Consent Calendar, noting the abstention of Mayor Pro Tern Foat on the October 18, 2006, Minutes due to her absence. 2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: Adopt Resolution No. 21746, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1016295 THROUGH 1016403 IN THE AGGREGATE AMOUNT OF $290,098.09 DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar. 2.D. CONFLICT OF INTEREST CODE 2006 BIENNIAL NOTICE FOR RECEIVE AND FILE PURSUANT TO THE POLITICAL REFORM ACT: ACTION: 1) Receive and File the 2006 Local Agency Biennial Notice; and 2) Direct staff to promulgate the necessary amendments and return to the City Council in December, 2006, for adoption pursuant to the Political Reform Act. Approved as part of the Consent Calendar. 2.17. APPROVAL OF LEASE PURCHASE AGREEMENT FOR THE NEW 105 FOOT LADDER TRUCK WITH OSHKOSH CAPITAL: ACTION: Adopt Resolution No. 21749, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING A LEASE PURCHASE AGREEMENT WITH OSHKOSH CAPITAL FOR THE PURCHASE OF A 105 FOOT AERIAL LATTER TRUCK." A5341. Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: Mayor Oden returned to the Council Chamber at &35 p.m. 2.G. PROPOSED RESOLUTION OPPOSING PROPOSITION 90, THE GOVERNMENT ACQUISITION AND REGULATION OF PRIVATE PROPERTY INITIATIVE: Mayor Pro Tern Foat feels the citizens should be informed of this proposition, and stated her opposition to Proposition 90. City Council Minutes October 25,2006 Page 7 Councilmember Pougnet stated concurrance with comments made by Mayor Pro Tern Foat. Mayor Oden stated CVAG's Executive Committee voted to oppose Proposition 90. Councilmember McCulloch stated there is conflicting information regarding Proposition 90 and requested an additional week before voting on this item. ACTION: Adopt Resolution No. 21750, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OPPOSING PASSAGE OF PROPOSITION 90, THE GOVERNMENT ACQUISITION AND REGULATION OF PRIVATE PROPERTY INITIATIVE." Motion Councilmember Pougnet, seconded by Mayor Pro Tem Foat and carried 4-1 on a roll call vote. AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. NOES: Councilmember McCulloch. 2.E. MEMORANDUM OF UNDERSTANDING - PALM SPRINGS POLICE OFFICERS ASSOCIATION - PSPOA: Mayor Pro Tern Foat stated the City should not look for savings in unfilled positions. City Manager Ready and Finance Director Graves addressed the impact to the budget. Mayor Oden commented on the need for safety in our community. ACTION: 1) Adopt Resolution No. 21747, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE PALM SPRINGS POLICE OFFICERS ASSOCIATION (PSPOA), FOR THE PERIOD JULY 1, 2006, THROUGH JUNE 30, 2009, SUBJECT TO UNIT'S RATIFICATION AND EXECUTING THE MEMORANDUM OF UNDERSTANDING;" 2) Authorize the City Manager to execute the Memorandum of Understanding in a form acceptable to the City Attorney; and 3) Adopt Resolution No. 21748, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2006-07." A5340. Motion Councilmember Pougnet, seconded by Mayor Oden and unanimously carried on a roll call vote. City Council Minutes October 25,2006 Page 8 4. UNFINISHED BUSINESS: 4.A. SMOKETREE COMMONS, DONAHUE SCHRIBER - CASE NUMBER 5.1050, FINAL ARCHITECTURAL APPROVAL FOR A PREVIOUSLY APPROVED PROJECT; PLANNED DEVELOPMENT DISTRICT 312, FOR THE DEVELOPMENT OF APPROXIMATELY 170,265 SQUARE FEET SHOPPING CENTER WITH FOURTEEN BUILDINGS: Edward Robertson, Principal Planner, provided background information as outlined in the staff report dated October 25, 2006, Councilmember Pougnet requested information relating to the material on the awning. Councilmember McCulloch commented on the receipt of positive comments from the public. ACTION: Adopt Resolution No. 21751, "A RESOLUTION OF THE CITY COUNCIL OF THE COTY OF PALM SPRINGS, CALIFORNIA, APPROVING THE FINAL ARCHITECTURAL PLANS FOR CASE NUMBER 5.1050 AND PD-312 ALLOWING FOR THE DEVELOPMENT OF AN APPROXIMATELY 170,000 SQUARE FEET SHOPPING CENTER ON AN APPROXIMATELY 18-ACRE SITE LOCATED ON THE SOUTHWEST CORNER OF EAST PALM CANYON DRIVE AND FARRELL DRIVE, ZONE C-S-C, SECTION 36." Motion Mayor Pro Tom Foat, seconded by Councilmember Mills and unanimously carried on a roll call vote. THE CITY COUNCIL RECESSED AT 9:04 P.W AS THE CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY, AND RECONVENED AT 9:07 P.M. AS THE CITY COUNCIL. SS STUDY SESSION SSI GENERAL PLAN USE MAP: Ken Lyon, Planning Services Department, presented a visual report. Mayor Oden inquired if there would be any significance in adding big box retail versus retail. Mayor Pro Tom Foat requested the definition of "intersection mitigation measures." Councilmember Pougnet complimented staff on the presentation. City Council Minutes October 25,2006 Page 9 Councilmember McCulloch stated his support for the recommendation as suggested by staff. Councilmember Mills reviewed the suggestions and stated his support for the recommendations as presented by staff. Mayor Pro Tern Foat commented on the discussions relating to annexing County territory into the City and inquired if this would change the formula. ACTION: By consensus of the City Council staff was directed to proceed with the Land Use Map with adjusted RBC area; include Guiding Policies for land north or Railroad ROW in the Land Use Element; include intersection mitigation measures in the Circulation Element; and Complete the General Plan Update and submit Consolidated Draft for review and comment. COUNCILMEMBER COMMENTS AND REPORTS: Mayor Pro Tem Foat stated in an upcoming meeting with the FAA there will be discussions regarding the military traffic at the Palm Springs International Airport, and most likely a meeting will be set up to meet with the military regarding military aircraft. Mayor Pro Tern Foat stated she and Councilmember Pougnet are working hard in finding a solution to the homeless situation in Palm Springs. Mayor Pro Tern Foat thanked everyone for their well wishes. Councilmember Mills requested a report regarding the batting cages at DeMuth Park. Mayor Oden provided a summary on the activities of the Office of the Mayor since last week. ADJOURNMENT: The City Council adjourned at 9:56 P.M. to a Regular Meeting, Wednesday, November 1, 2006, at 6:00 p.m., in the Council Chamber, City Hall, preceded by a Closed Session at 4:30 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 15r11 DAY OF NOVEMBER, 2006. ATTEST: MAYOR City Clerk PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, NOVEMBER 1, 2006 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6:11 P.M. PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge. INVOCATION: Pastor Bill Johnson, Palm Springs Presbyterian Church, led the Invocation. ROLL CALL: PRESENT: Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. ABSENT: Councilmember McCulloch and Councilmember Mills. ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson. PRESENTATIONS: Mayor Oden and the City Council presented Assistant Chief Steve Lykins and Lt. John Marinez, California Highway Patrol, with a Certificate of Recognition for their assistance with the Palm Springs American Heat Motorcycle Weekend. Mayor Oden and the City Council presented a Certificate of Recognition to the California Highway Patrol for their assistance with the Palm Springs American Heat Motorcycle Weekend. Fire Chief Blake Goetz acknowledged Desert Fire Extinguisher Co. Inc. for their many contributions to fire safety to the City and community of Palm Springs. Mayor Oden and the City Council presented Maxwell Security Officer Geofrey Imeson with a Certificate of Recognition for his courage and action while assisting the Police Department in the recovery of stolen property. Mayor Oden announced the grand opening of the new building at the James O. Jessie Desert Highland Unity Center. REPORT OF CLOSED SESSION: City Attorney Holland stated that at 4:30 P.M. the City Council called the meeting to order and 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 staff requested Item 2.S. be removed from the Consent Calendar for separate discussion, and Item 5.F. be tabled to the meeting of December 6, 2006. City Council Minutes November 1, 2006 Page 2 Councilmember Pougnet requested Item 2.5. be removed from the Consent Calendar for separate discussion. Mayor Pro Tern Foat requested Items 2.C. and 2.H. be removed from the Consent Calendar for separate discussion, and noted her property ownership abstention on Item 2.R. City Attorney Holland stated Item 2.R. requires three votes and requested the City Council table the Item to November 15, 2006. Mayor Oden requested Items 2.C., 2.F., 2.G., and 2.H. be removed from the Consent Calendar for separate discussion. ACTION: Accept the Agenda as amended. Motion Mayor Pro Tom Foat, seconded by Councilmember Pougnet and unanimously carried 3-0 on a roll call vote. AYES: Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. NOES: None. ABSENT: Councilmember McCulloch and Councilmember Mills. 1. PUBLIC HEARINGS: I.A. TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) 2006 NEXUS STUDY REPORT AND INCREASING THE TUMF AMOUNTS APPLICABLE TO ALL DEVELOPMENTS IN THE CITY OF PALM SPRINGS AND AMEND BOUNDARIES OF APPLICABLE FEES: David Barakian, City Engineer, provided background information as outlined in the staff report dated November 1, 2006. Mayor Oden opened the public hearing, and no speakers coming forward the public hearing was closed. ACTION: 1) Adopt Resolution No. 21752, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) 2006 NEXUS STUDY REPORT AND INCREASING THE TUMF AMOUNTS APPLICABLE TO ALL DEVELOPMENTS IN THE CITY OF PALM SPRINGS;" and 2) Introduce on first reading Ordinance No. 1704, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 8.90 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE CODIFICATION AND AMENDMENT OF THE CITY'S City Council Minutes November 1, 2006 Page 3 ADOPTED TRANSPORTATION UNIFORM MITIGATION FEE (TUMF)." Motion Councilmember Pougnet, seconded by Mayor Pro Tom Foat and unanimously carried 3-0 on a roll call vote. AYES: Councilmember Pougnet, Mayor Pro Tern Foat, Mayor Oden. NOES: None, ABSENT: Councilmember McCulloch and Councilmember Mills- I.B. AN APPLICATION BY PEGASUS FINANCIAL ENTERPRISE, LLC AGENT FOR NEW MESQUITE GREENS HOA, DESERT MANAGEMENT, FOR TENTATIVE PARCEL MAP 33054 TO SUBDIVIDE LAND FOR THE. CONSTRUCTION OF THREE SINGLE- FAMILY RESIDENTIAL UNITS ON APPROXIMATELY 1.31-ACRES LOCATED ON SOUTH SUNRISE WAY, NEAR THE INTERSECTION OF MESQUITE AVENUE, ZONE W-R-1-C, SECTION 24: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated November 1, 2006. Mayor Oden opened the public hearing, and no speakers coming forward the public hearing was closed. Councilmember Pougnet requested staff provide additional information with respect to the driveways off of Sunrise Way, and the configuration of the sidewalks. Mayor Oden requested staff address the Planning Commission discussion of the driveways and the access from Sunrise Way. Mayor Pro Tern Foat commented on the driveway access directly on Sunrise Way, and requested staff address alternatives. Mayor Oden requested staff address the approval process for the map and the site plan which allowing access onto Sunrise Way. Councilmember Pougnet commented on the setbacks, requested staff address possible access from Mesquite, or an easement over the DWA property. ACTION: Return back to the Applicant and staff for further review with respect to access options. Motion Mayor Pro Tom Foat, seconded by Councilmember Pougnet and unanimously carried 3-0 on a roll call vote. AYES: Councilmember Pougnet, Mayor Pro Tom Foat, Mayor Oden. NOES: None. ABSENT: Councilmember McCulloch and Councilmember Mills. City Council Minutes November 1, 2006 Page 4 1,C, AN APPLICATION BY ALCOA WIRELESS SERVICES OF SPRINT NEXTEL, AGENT FOR DOUGLAS C. JONES, FOR A CONDITIONAL USE PERMIT TO INSTALL A FORTY-FIVE FOOT HIGH WIRELESS COMMUNICATION ANTENNA DESIGNED AS A MONOPALM AND MECHANICAL EQUIPMENT WITHIN THE EXISTING BUILDING LOCATED AT 3500 EAST TACHEVAH DRIVE, ZONED M-1-P, SECTION 7: David Newell, Assistant Planner, provided background information as outlined in the staff report dated November 1, 2006. Mayor Oden opened the public hearing, and the following speakers addressed the City Council. TOM HANNA, representing Sprint Nextel, provided background information and outlined the need for the cell tower. Mayor Pro Tem Foat requested the Applicant address fencing. Councilmember Pougnet requested staff address a wall surrounding the monopalm. Mayor Pro Tem Foat requested a map of all cell towers in the City. WILLIAM FERRA, Palm Springs, commented on the visual aspects of cell sites, and requested the City Council approve the tower. No further speakers coming forward, the public hearing was closed. ACTION: Adopt Resolution No. 21753, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 5.1109 TO INSTALL A FORTY-FIVE FOOT HIGH WIRELESS COMMUNICATION ANTENNA DESIGNED AS A MONOPALM AND MECHANICAL EQUIPMENT WITHIN THE EXISTING BUILDING LOCATED AT 3500 EAST TACHEVAH DRIVE, ZONED M-1-P, SECTION 7." Motion Councilmember Pougnet, seconded by Mayor Oden and unanimously carried 3-0 on a roll call vote. AYES: Councilmember Pougnet, Mayor Pro Tem Foat, Mayor Oden. NOES: None. ABSENT: Councilmember McCulloch and Councilmember Mills. City Council Minutes November 1, 2006 Page 5 PUBLIC COMMENT: MARLENE EISENBERG, Palm Springs, commented on the conditions at the Palm Springs Animal Shelter. BRIAN LINNEKENS, thanked the City Council for their efforts to the City. JOHN WILLIAMS, Palm Springs, stated his support for Item S.A. and requested City Council support. BOB HELBLING, Palm Springs, commented on the Palm Hotel project and the pending litigation. MIKE BALASA, spoke in favor of Item S.A., and requested City Council support. ADAM GROSSO, Palm Springs, spoke in support of Item 5.A. and requested the City Council support a Hate Free Community. DOUG HAIRGROVE, spoke in support of Item S.A., the Hate Free City Resolution. MAILS KLEIN, Palm Springs, spoke do support of Item 5.A. the Hate Free City Campaign. CLAIRE JORDAN GRANT, Palm Springs, spoke in support of Item 5.A. and requested the City Council support the Hate Free City Campaign. TOM SWANN, Rancho Mirage, requested the Veterans for Peace be allowed to participate in the Veteran's Day Parade, WENDY BUSIG-KOHN, Palm Springs, commented on Item 5.A. and suggested the word "Hate" be replaced with a positive image. PHYLLIS SILVER, Palm Springs, commented on Item 5.A. and stated there is no need for this action. DANA STEWART, Palm Springs, commented on compacts for Indian Gaming and the upcoming November 7, 2006, election. CANDY CORBETT, commented on the candidates for the upcoming November 7, 2006, election. City Council Minutes November 1, 2006 Page 6 COUNCILMEMBER COMMENTS AND REQUESTS: Mayor Pro Tern Foat commented on a recent article in the Desert Sun regarding the litigation of the Palm Hotel and requested staff review the request of the Veteran's for Peace in the Veteran's Day Parade. CITY MANAGER'S REPORT: City Manager Ready updated the City Council on Code Enforcement Activities in the City. 2, CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.B., 2.D., 2.E., 2.1., 2.J., 2.K., 21., 2.M., 2.N., 2.0., 2.P., 2.0., and 2.R. Motion Councilmember Pougnet, seconded by Mayor Pro Tern Foat and unanimously carried 3-0 on a roll call vote. AYES: Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. NOES: None. ABSENT: Councilmember McCulloch and Councilmember Mills. 2.A. REPORT ON POSTING OF THE AGENDA: ACTION: Receive and file Report on the Posting of the November 1, 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. 21754, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 10-07-06 BY WARRANTS NUMBERED 411011 THROUGH 411061 TOTALING $73,036.49, LIABILITY CHECKS NUMBERED 1016404 THROUGH 1016454 TOTALING $137,058,09, THREE WIRE TRANSFERS FOR $77,991.80 AND THREE ELECTRONIC ACH DEBITS OF $1,020,063.23 IN THE AGGREGATE AMOUNT OF $1,308,139.61 DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution No. 21755, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1016455 THROUGH 1016748 IN THE AGGREGATE AMOUNT OF $2,546,765,92 DRAWN ON BANK OF AMERICA;" and 3) Adopt Resolution No. 21756, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1016749 THROUGH 1016806 IN THE AGGREGATE AMOUNT OF $94,673.11 DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar. City Council Minutes November 1, 2006 Page 7 2.D. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID FOR THE PROTECTED-PERMISSIVE SIGNAL CONVERSION PROJECT, CITY PROJECT 05-07: ACTION: Adopt Minute Order No. 7944, Approving the plans, specifications and working details for the Protected-Permissive Signal Conversion Project, City Project 05-07, and authorizing staff to advertise and solicit bids. Approved as part of the Consent Calendar, 2.E. TREASURER'S INVESTMENT REPORT AS OF AUGUST 31, 2006: ACTION. Receive and file Treasurer's Investment Report as of August 31, 2006- Approved as part of the Consent Calendar, 2.1. EXTENSION OF RETENTION PERIOD FOR PROPERTY ACQUIRED BY THE COMMUNITY REDEVELOPMENT AGENCY USING FUNDS FROM LOW AND MODERATE INCOME HOUSING FUND AND AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS FOR THE DEVELOPMENT OF THE SITE WITH MODERATE-INCOME, FOR-SALE HOUSING: ACTION: 1) Adopt Resolution No. 21757, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING THE PERIOD FOR RETAINING PROPERTY ACQUIRED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS USING FUNDS FROM LOW AND MODERATE INCOME HOUSING FUND;" and 2) Authorize staff to finalize and issue a request for proposals for the development of the site with moderate- income, for-sale housing. Approved as part of the Consent Calendar. 2.J. AWARD OF CONTRACT FOR THE AVENIDA CABALLEROS SHOULDER PAVING, CITY PROJECT 05-08: ACTION: 1) Adopt Minute Order No. 7948, Approving an agreement with NPG Corporation in the amount of $34,444.00 for the Avenida Caballeros Shoulder Paving Project, City Project No. 05-08; and 2) Authorize the City Manager to execute all necessary documents. A5362. Approved as part of the Consent Calendar. 2.K. CONTRACT SERVICES AGREEMENT IN THE AMOUNT OF $65,270 WITH DATELAND CONSTRUCTION CO., INC. FOR VILLAGEFEST BOLLARD PROJECT, CITY PROJECT 05-25: ACTION: 1) Adopt Minute Order No. 7949, Approving a contract services agreement with Dateland Construction Co., Inc., in the amount of $65,270., for the VillageFest Bollard Project, City Project 05-25; and 2) Authorize the City Manager to execute all necessary documents. A5363. Approved as part of the Consent Calendar. City Council Minutes November 1, 2006 Page 8 2.L, MEMORANDUM OF UNDERSTANDING PALM SPRINGS FIRE SAFETY UNIT - PSFSU: ACTION: 1) Adopt Resolution No. 21758, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE PALM SPRINGS FIRE SAFETY UNIT (PSFSU), FOR THE PERIOD JULY 1, 2006, THROUGH JUNE 30, 2009, SUBJECT TO THE UNIT'S RATIFICATION AND EXECUTING THE MEMORANDUM OF UNDERSTANDING;" 2) Authorize the City Manager to execute the Memorandum of Understanding in a form acceptable to the City Attorney; 3) Adopt Resolution No. 21759, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 3 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN, ADOPTED BY RESOLUTION NO. 21612;" and 4) Adopt Resolution No. 21760, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2006-07." A5364. Approved as part of the Consent Calendar. 2.M. SUPPLEMENTAL PREMIUM FOR EXCESS WORKERS COMPENSATION INSURANCE FOR FISCAL YEAR 2005-06: ACTION: Adopt Minute Order No. 7950, Authorizing payment of the supplemental premium for the City Of Palm Springs excess workers compensation insurance for Fiscal Year 2005-06 to Davis and Graeber Insurance Services Inc. Approved as part of the Consent Calendar. 2.N. AGREEMENT TO PROVIDE JAIL SERVICES TO THE CITY OF DESERT HOT SPRINGS AT THE CITY OF PALM SPRINGS JAIL: ACTION: 1) Adopt Minute Order No. 7951, Approving an agreement with the City of Desert Hot Springs to provide jail services at the City of Palm Springs Jail; and 2) Authorize the City Manager to execute all necessary documents. A5365. Approved as part of the Consent Calendar. 2.0. MULTI-AGENCY COOPERATIVE AGREEMENT FOR THE INTEGRATION OF A COMPUTER AIDED DISPATCH / RECORDS MANAGEMENT AND MOBILE DATA COMMUNICATIONS SYSTEM: ACTION: 1) Adopt Minute Order No. 7952, Approving an agreement with the City of Cathedral City, the City of Desert Hot Springs, and the City of Indio for CAD/RMS and MDC data sharing; and 2) Authorize the City Manager to execute all necessary documents. A5366. Approved as part of the Consent Calendar. i City Council Minutes November 1, 2006 Page 9 2.P. ACCEPTANCE OF A DUI CHECKPOINT GRANT FROM THE CALIFORNIA OFFICE OF TRAFFIC AND SAFETY: ACTION: 1) Adopt Minute Order No. 7953, Authorizing the acceptance of a DUI Checkpoint Grant from the California Office of Traffic and Safety (OTS) in the amount of $22,519.14; and 2) Authorize the City Manager to execute all necessary documents. A5367. Approved as part of the Consent Calendar. 2.Q. PROPOSED AGREEMENT WITH THE PALM SPRINGS AIR MUSEUM TO PROVIDE COMMUNITY ASSISTANCE FUNDING IN THE AMOUNT OF $30,000: ACTION: 1) Adopt Minute Order No. 7954, Approving a Community Assistance Funding Agreement with the Palm Springs Air Museum, not-to- exceed $30,000, in a form acceptable to the City Attorney; and 2) Authorize the City Manager to execute the agreement. A5368. Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: 2.C. AIRPORT CONCESSION DISADVANTAGED BUSINESS ENTERPRISE PROGRAM -ACDBE: Mayor Oden requested staff address Disadvantaged Business Enterprise Program and requested additional criteria with respect to diversity for a City wide program. Mayor Pro Tem Foat commented on the previous Council requests for a local program. ACTION: 1) Adopt Minute Order No. 7943, Approving the City of Palm Springs International Airport Concession Disadvantaged Business Enterprise (ACDBE) Program, pending FAA approval; and 2) Authorize the City Manager to execute all necessary documents. Motion Councilmember Pougnet, seconded by Mayor Oden and unanimously carried 3-0 on a roll call vote. AYES: Councilmember Pougnet, Mayor Pro Tern Foat, Mayor Oden. NOES: None. ABSENT: Councilmember McCulloch and Councilmember Mills. 2,1`. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID THE 2006-07 CITYWIDE SEWER REPAIRS, CITY PROJECT NO, 06-04: Mayor Oden commented on the sewer project and warned residents of impacts to traffic during construction. City Council Minutes November 1, 2006 Page 10 ACTION: Adopt Minute Order No. 7945, Approving the plans, specifications and working details for the 2006-07 Citywide Sewer Repairs, City Project 06-04, and authorizing staff to advertise and solicit bids. Motion Councilmember Pougnet, seconded by Mayor Oden and unanimously carried 3-0 on a roll call vote. AYES: Councilmember Pougnet, Mayor Pro Tom Foat, Mayor Oden. NOES: None. ABSENT: Councilmember McCulloch, and Councilmember Mills. 2.G. EVENT SPONSORSHIP AGREEMENT WITH PALM SPRINGS ART MUSEUM FOR THE K. D. LANG CONCERT: Mayor Oden thanked staff and the Palm Springs Art Museum, announced and encouraged Palm Springs residents to attend the concert. ACTION: 1) Adopt Minute Order No. 7946, Approving an event sponsorship with the Palm Springs Art Museum for the K. D. Lang concert in a form acceptable to the City Attorney; and 2) Authorize the City Manager to execute all necessary documents. A5360. Motion Mayor Pro Tom Foat, seconded by Councilmember Pougnet and unanimously carried 3-0 on a roll call vote. AYES: Councilmember Pougnet, Mayor Pro Tom Foat, Mayor Oden. NOES: None. ABSENT: Councilmember McCulloch and Councilmember Mills. 2.H. NON-EXCLUSIVE OPERATING & LEASE AGREEMENT WITH USO - GREATER LOS ANGELES AREA, INC. FOR TERMINAL SPACE TO OPERATE A USO SERVICE CLUB AT PALM SPRINGS INTERNATIONAL AIRPORT: Mayor Pro Tom Foat thanked staff for bringing this item forward and announced the opportunities. Mayor Oden thanked staff and the USO, and commented on the opportunities. ACTION: 1) Adopt Minute Order No. 7947, Approving a Non-Exclusive Operating and Lease Agreement with USO - Greater Los Angeles Area, Inc. for Terminal Space to operate a USO Service Club effective November 1, 2006 and valid until October 31, 2011; and 2) Authorize the City Manager to execute all necessary documents contingent upon Federal Aviation Administration (FAA) approval. A5361. Motion Councilmember Pougnet, seconded by Mayor Oden and unanimously carried 3-0 on a roll call vote. AYES: Councilmember Pougnet, Mayor Pro Tem Foat, Mayor Oden. NOES: None. • ABSENT: Councilmember McCulloch and Councilmember Mills. City Council Minutes November 1, 2006 Page 11 2.R. PROPOSED RESOLUTION DENYING THE APPLICATION FOR THE CLASS 1 HISTORIC DESIGNATION OF THE SPANISH INN, LOCATED AT 640 NORTH INDIAN CANYON DRIVE AS A CLASS 1 HISTORIC SITE: ACTION: Tabled to November 15, 2006 under Acceptance of the Agenda. 2.5. WAIVER OF THE PALM SPRINGS AIR MUSEUM $0.25 PER TICKET ADMISSION FEE THROUGHOUT THE TERM OF AND SPECIFIC TO THE DA VINCI PROGRAM, NOVEMBER 3, 2006 - MARCH 24, 2007: Mayor Oden commented on the vote of the Airport Commission. Councilmember Pougnet requested background information and who is responsible for the payment of the .25 cents per ticket. Mayor Oden requested staff address the discussion at the Airport Commission meeting. Councilmember Pougnet requested staff address the fee waiver for marketing. Mayor Pro Tern Foat commented on the event and the importance of the promotion of the event and the City. Mayor Oden requested staff address the discussion of the funding by the Airport Commission, and commented on the benefits of the Museum to the community. ACTION: 1) Adopt Minute Order No. 7955, Approving the waiver of the Palm Springs Air Museum $0.25 Per Ticket Admission Fee specific to the Da Vinci Program effective November 3, 2006, through March 24, 2007; 2) Authorize the City Manager to execute all necessary documents. A5369. Motion Councilmember Pougnet, seconded by Mayor Pro Tom Foat and unanimously carried 3-0 on a roll call vote. AYES: Councilmember Pougnet, Mayor Pro Tem Foat, Mayor Oden. NOES: None. ABSENT: Councilmember McCulloch and Councilmember Mills. 3. LEGISLATIVE: 3.A. INITIATION OF ZONE TEXT AMENDMENT TO SECTION 93.20 (SIGNS) OF THE PALM SPRINGS ZONING CODE RELATED TO TEMPORARY CONSTRUCTION SIGNS: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated November 1, 2006. ACTION: Initiate an amendment to the Zoning Code, pursuant to Palm Springs Zoning Code Section 94.07.01.A.1.b, to revise regulations for City Council Minutes November 1, 2006 Page 12 temporary construction signs contained in Section 93.20 (Signs) and submit the matter to the Planning Commission for public hearing and recommendation. Motion Councilmember Pougnet, seconded by Mayor Pro Tem Foat and unanimously carried 3-0 on a roll call vote. AYES: Councilmember Pougnet, Mayor Pro Tem Foat, Mayor Oden. NOES: None. ABSENT: Councilmember McCulloch and Councilmember Mills. A. UNFINISHED BUSINESS: 5. NEW BUSINESS: 5.A. PROPOSED RESOLUTION AUTHORIZING THE PALM SPRINGS HUMAN RIGHTS COMMISSION TO EMBARK ON A "HATE FREE CITY" CAMPAIGN: Barbara Barrett, Human Rights Commission, provided background information as outlined in the staff report dated November 1, 2006. Councilmember Pougnet requested staff address the 60% target rate, other communities that have adopted a Hate Free City Campaign, and comment on the possible effects on Tourism. Mayor Oden recommended the Commission meet with the full City Council, affording the full Council an opportunity to express their ideas and concerns. Mayor Pro Tem Foat requested the first paragraph be removed from the Resolution, and recommended that the City Council move forward with the Resolution as amended. Councilmember Pougnet requested staff address that no action to declare a Hate Free City is being taken with this action. Mayor Pro Tem Foat recommended a Study Session with the City Council at about half-way through the process. Mayor Oden recommended a Joint Meeting of the City Council and the Human Rights Commission. ACTION: Adopt Resolution, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUPPORTING THE ESTABLISHMENT OF A PROGRAM FOR THE DEVELOPMENT OF A "HATE-FREE CITY" CAMPAIGN" as amended by deleting the first City Council Minutes November 1, 2006 Page 13 paragraph. Motion Mayor Pro Tom Foat, seconded by Councilmember Pougnet and failed 2-1 on a roll call vote. AYES: Councilmember Pougnet, and Mayor Pro Tem Foat. NOES: Mayor Oden. ABSENT: Councilmember McCulloch and Councilmember Mills. Direct staff to schedule a Joint Meeting of the City Council and the Human Rights Commission at the first available date to allow the entire City Council to participate in the policy discussion. By consensus of the City Council. 5.13. GREASE CONTROL DEVICE INCENTIVE PROGRAM: David Barakian, City Engineer, provided background information as outlined in the staff report dated November 1, 2006. Councilmember Pougnet commented on the initial direction of the City Council with regard to this program. Mayor Oden stated the businesses not in compliance should be cited, and requested staff address several components of the program. Mayor Pro Tom Foat requested staff address the involvement of the restaurateurs and Main Street, and commented the program should be by priority zone, as opposed to a first-come, first-serve basis. ACTION: Adopt Minute Order No. 7956, Approving the City of Palm Springs Grease Control Device Incentive Program. Motion Councilmember Pougnet, seconded by Mayor Pro Tom Foat and unanimously carried 3-0 on a roll call vote. AYES: Councilmember Pougnet, Mayor Pro Tom Foat, Mayor Oden. NOES: None. ABSENT: Councilmember McCulloch and Councilmember Mills. 5.C. REQUEST FOR EVENT SPONSORSHIP FOR THE, 3rd ANNUAL TASTE OF PALM SPRINGS: Troy Butzlaff, Assistant City Manager, Administration, provided background information as outlined in the staff report dated November 1, 2006. Mayor Oden stated he attended the meeting with the Bureau of Tourism and the restaurants of Palm Springs who were not in favor of this event across the board. City Council Minutes November 1, 2006 Page 14 Mayor Pro Tem Foat commented on the response from restaurant owners and the lack of benefits to the City from the event. ACTION: 1) Receive and file request for event sponsorship. Motion Councilmember Pougnet, seconded by Mayor Oden and unanimously carried 3-0 on a roll call vote. AYES: Councilmember Pougnet, Mayor Pro Tem Foat, Mayor Oden. NOES: None. ABSENT: Councilmember McCulloch and Councilmember Mills. 5.D. AWARD OF CONTRACT FOR THE 2006-07 ANNUAL SLURRY SEAL CITY PROJECT 06-13; City Manager Ready provided background information as outlined in the staff report dated November 1, 2006. Mayor Pro Tem Foat commented on the past performance of the contractor, stated she requested an MDB program for these types of projects, and expressed her concerns with the contractor but indicated she would support the approval only to keep the project moving. ACTION: 1) Adopt Minute Order No. 7957, Approving an agreement with Bond Blacktop, Inc., in the amount of $689,434,47 for Bid Schedules A through E (inclusive), for the 2006-07 Annual Slurry Seal City Project No. 06-13; and 2) Authorize the City Manager to execute all necessary documents. A5370. Motion Councilmember Pougnet, seconded by Mayor Oden and unanimously carried 3-0 on a roll call vote. AYES: Councilmember Pougnet, Mayor Pro Tem Foat, Mayor Oden. NOES: None. ABSENT: Councilmember McCulloch and Councilmember Mills. 5.E. AUTHORIZATION TO SUBMIT AN APPLICATION TO CALIFORNIA COMMUNITIES FINANCING PROGRAM TO ISSUE PENSION OBLIGATION BONDS: Troy Butzlaff, Assistant City Manager, Administration, provided background information as outlined in the staff report dated November 1, 2006. ACTION: 1) Adopt Minute Order No. 7958, Authorizing staff to submit an application to the California Communities Financing Program to issue Pension Obligation Bonds in its next available pool; and 2) Direct staff to return to the City Council with the necessary Resolutions and Agreements to begin the validation process. Motion Mayor Pro Tem Foat, seconded by Mayor Oden and unanimously carried 3-0 on a roll call vote. City Council Minutes November 1, 2006 Page 15 AYES: Councilmember Pougnet, Mayor Pro Tern Foat, Mayor Oden. NOES: None. ABSENT: Councilmember McCulloch and Councilmember Mills. 5.F. 2006 FIREFIGHTER STAFFING FEDERAL GRANT SAFER: ACTION: Tabled to December 6, 2006, under Acceptance of the Agenda. COUNCILMEMBER COMMENTS AND REPORTS: Councilmember Pougnet announced the upcoming RSVP event and Senior Citizen Volunteering for agencies. Mayor Oden announced the upcoming activities and events attended by the Mayor's Office. ADJOURNMENT: The City Council adjourned at 8:41 P.M. to a Study Session, Wednesday, November 8, 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 15th DAY OF NOVEMBER, 2006. MAYOR ATTEST: City Clerk