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HomeMy WebLinkAbout2006-10-25 CC MINUTESPALM 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 al 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 of 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: City council Minutes October 25, 20OG 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 I 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 Oden 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 Tem 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 450-490 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 Oden 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 on 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. 2.11). 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.F. 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 106 FOOT AERIAL LATTER TRUCK." A5341. Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: Mayor Oden returned to the Council Chamber at 8:35 p.m. 2.G. PROPOSED RESOLUTION OPPOSING PROPOSITION 90, THE GOVERNMENT ACQUISITION AND REGULATION OF PRIVATE PROPERTY INITIATIVE: Mayor Pro Tem 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 Tem 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 Tom 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 Cound] 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 CITY 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 Tern Foat, seconded by Councilmember Mills and unanimously carried on a roll call vote. THE CITY COUNCIL RECESSED AT 9:04 P.M. 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 Tern Foat requested the definition of "intersection mitigation measures."' Councilmember Pougnet complimented staff on the presentation. I 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 Tem 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 Tem Foat stated she and Councilmember Pougnet are working hard in finding a solution to the homeless situation in Palm Springs. Mayor Pro Tem 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 'I5T" DAY OF NOVEMBER, 2006. ATTEST: MAYOR /G�y Clerk