HomeMy WebLinkAbout2/7/2007 - STAFF REPORTS - 2.B. PALM SPRINGS CITY COUNCIL
I MINUTES
WEDNESDAY, DECEMBER 6, 2006
CITY COUNCIL CHAMBER
CALL TO ORDER: Mayor Oden called the meeting to order at 6:07 p.m.
I
PLEDGE OF ALLEGIANCE: Boy Scout Troop 262 led the salute to the Flag.
INVOCATION: Rev. 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 David H. Ready, City Manager, Douglas Holland, City Attorney, and
PRESENT: Kathie Hart, Chief Deputy City Clerk.
PRESENTATIONS:
Mayor and City Council presented a Certificate of Recognition to Cadet Michael Webb
for achieving the Billy Mitchell Award.
Mayor and City Council presented a Certificate of Appreciation to members of the Civil
Air Patrol, Squadron 11.
Drug Prevention Program Toy Run, Chris Copeland, and Fred Noble of Wintec.
REPORT OF CLOSED SESSION: City Attorney Holland stated that at 5:00 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 Attorney Holland requested the City Council consider adding Item No. 2.W.,
APPROVAL OF TWO BUDGET RESOLUTIONS TO EFFECTUATE A SUBLEASE TO
BUSNESS LEASE PSL-236 (AGUA CALIENTE RESERVATION) WITH UNITED
CONDOMINIUMS CORPORATION FORA 1.77 ACRE PARCEL AT THE
SOUTHWEST CORNER OF AMADO ROAD AND CALLS ALVARADO FOR THE
PURPOSE OF FUTURE CONVENTION CENTER EXPANSION, INCLUDING
TURNAROUND AND DROP-OFF AREAS, OUTDOOR SEATING AND SCULPTURE
AREAS, AND PRESERVATION OF THE MOUNTAIN VIEW, to the Consent Calendar,
stating the need to take action arose after the posting of the agenda. It was noted
Councilmember Mills will not be participating to approve adding this item to the agenda
due to a business related conflict of interest.
Item No. n . B .
City Council Minutes
December 6, 2006
Page 2
ACTION: Add an item to the Consent Calendar as Item 2.W., APPROVAL OF TWO
BUDGET RESOLUTIONS TO EFFECTUATE A SUBLEASE TO BUSINESS LEASE
PSL-236 (AGUA CALIENTE RESERVATION) WITH UNITED CONDOMINIUMS
CORPORATION, FOR A 1.77 ACRE PARCEL AT THE SOUTHWEST CORNER OF
AMADO ROAD AN❑ CALLE ALVARADO FOR THE PURPOSE OF FUTURE
CONVENTION CENTER EXPANSION, INCLUDING TURNAROUND AND DROP-OFF
AREAS, OUTDOOR SEATING AND SCULPTURE AREAS, AND PRESERVATION OF
THE MOUNTAIN VIEW. Motion Councilmember Pougnet, seconded by Mayor
Pro Tern Foat, and carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember McCulloch, Mayor Pro Tem Pougnet,
and Mayor Oden.
NOES: None.
ABSTAIN: Councilmember Mills.
Mayor Pro Tern Foat requested Items 2.1., 2.R., and 2.S. be removed from the Consent
Calendar for separate discussion.
Councilmember Pougnet requested Items 2.G., 2.H., and 2.Q. be removed from the
Consent Calendar for separate discussion.
Councilmember McCulloch requested Items 2.C- and 2.D. be removed from the
Consent Calendar for separate discussion.
Councilmember Mills stated he will be abstaining from Consent Calendar Items 2.B. due
to his absence from that meeting 2.E. Warrant No. 1017379, 2.G., and 2.W. due to
business related conflicts; and requested Items 2.K. and 21. be removed from the
Consent Calendar for separate discussion.
ACTION: The Agenda was approved with Items 2.C., 2.D., 2.G., 2.H., 2.1., 2.K., 2.L.,
2.Q., 2.R., and 2.5. removed from the Consent Calendar for separate discussion.
Motion Councilmember Pougnet, seconded by Mayor Pro Tern Foat and
unanimously carried on a roll call vote.
SPECIAL CITY COUNCIL ITEM: APPOINTMENT OF MAYOR PRO TEMPORE:
ACTION: Appoint Steve Pougnet as Mayor Pro Tempore. Motion Mayor Pro Tern
Foat, seconded by Councilmember Mills, and unanimously carried on a roll call
vote.
1. PUBLIC HEARINGS:
I.A. CONSIDERATION OF AN AMENDMENT TO THE ENVIRONMENTALLY
SENSITIVE AREA-SPECIFIC PLAN (ESA-SP) ZONE (SECTION 92.21
ET SEQ): 1) USE OF COMPLETION BONDS FOR PROJECTS WITHIN
THE ESA SP ZONE; 2) ENFORCEMENT ACTIONS AGAINST
City Council Minutes
December 6, 2006
Page 3
UNAUTHORIZED WORK WITHIN THE ESA-SP ZONE; AND 3)
TRANSFER OF DENSITY OUTSIDE THE ESA-SP ZONE:
Craig Ewing, Director of Planning Services, presented the staff report
dated December 6, 2006.
Mayor Oden opened the Public Hearing.
FRANK GAYDOS, Palm Springs, spoke in support of the proposed
ordinance amendment.
GREG DAY, Palm Springs, spoke in opposition to the proposed ordinance
amendment.
No further speakers came forth; therefore, Mayor Oden closed the public
hearing.
Director Ewing noted the letter attached to the staff report from Best Best
& Krieger, legal counsel for Century Vintage Homes, is part of the public
record and testimony; additionally, City Attorney Holland stated a letter
received after the posting of the agenda was received from the law firm
Jeffer, Mangels, Butler & Marmaro, representing Shadowrock Real Estate
Development, LLC, has been provided to the City Council and shall be
part of the public record.
Councilmember Mills requested clarification to the staff report, although
we believe that the project-specific performance agreements would
provide a more tailored approach to addressing what happens should a
project be abandoned." Additionally, he made reference to the letter
received from Best Best and Krieger and asked for additional information
regarding grading completion bonds.
Councilmember Mills requested that the motion to include amending the
language in Section 1, Subsection J to read "... any property within the
ESA-SP zone without prior City approval..." and Section 2, Subsection C
to read "... and reducing the expenditures for public services to
the developme t planning area and to the impacts on the receiving site or
vicinity."
Councilmember McCulloch requested additional information regarding
grading completion bond s/renatu ra I izatio n security, and the transfer of
density.
Mayor Pro Tern Pougnet spoke regarding the density transfer.
Councilmember Mills commented on the transfer of density.
City Council Minutes
December 6, 2006
Page 4
Mayor Pro Tern Foat spoke in support of the item.
i Mayor Oden thanked the community and staff for their diligent work on this
ordinance.
ACTION: 1) Waive the reading of the ordinance text in its entirety and
introduce by title only, Ordinance No. 1707, "AN ORDINANCE OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION
92.21.1.05 AND 92.21.1.07 OF THE PALM SPRINGS ZONING CODE,
RELATING TO REGULATIONS FOR ENVIRONMENTALLY SENSITIVE
DEVELOPMENT AREAS, INCLUDING THE CHINO CONE" amending
the language in Section 1, Subsection J to read "... any property within the
ESA-SP zone without prior City approval..." and Section 2, Subsection C
to read "... and reducing the expenditures for public services to
the planning area and to the impacts on the receiving site or vicinity."
Motion Councilmember Foat, seconded by Mayor Pro Tern Pougnet,
and carried 4-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern
Pougnet, and Mayor Oden.
NOES: Councilmember McCulloch.
1.13. RESOLUTION INCREASING THE FRINGE-TOED LIZARD HABITAT
MITIGATION FEE:
Troy Butzlaff, Assistant City Manager - Administration, presented the staff
report dated December 6, 2006.
Councilmember Mills inquired as to the length of the agreement and
voiced concerns regarding a consumer price index as part of the
agreement. (timeframe)
Councilmember McCulloch inquired as to the amount of acreage/area-
Mayor Oden opened the Public Hearing.
Marvin Roos, a representative from MSA, provided background
information regarding the fees.
No further speakers came forth; therefore, Mayor Oden closed the public
hearing.
ACTION: 1) Open the public hearing and receive public testimony; 2)
Adopt Resolution No. 21774, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, INCREASING THE
City Council Minutes
December 6, 2006
Page 5
FRINGE TOED LIZARD MITIGATION FEE FOR DEVELOPMENT
WITHIN HISTORICAL HABITAT AS IDENTIFIED IN THE COACHELLA
VALLEY FRINGE-TOED LIZARD HABITAT CONSERVATION PLAN;"
and 3) Authorize the City Manager to execute all documents necessary.
Motion Mayor Pro Tern Pougnet, seconded by Councilmember Foat
and unanimously carried on a roll call vote.
PUBLIC COMMENT:
WENDIE BUSIG-KOHN, Palm Springs, spoke regarding "Hate Free City".
RICK HUTCHESON, Palm Springs, spoke in support of the Cirque Dreams production.
PAULA AUBURN, Palm Springs, thanked the Mayor, Council and staff for their many
services.
ROBERT SNEE, stated he has been a pastor in Palm Springs for four years and stated
his availability to the community for assistance.
COUNCILMEMBER COMMENTS AND REQUESTS:
Mayor Oden reported on his trip to France.
CITY MANAGER'S REPORT:
City Manager Ready provided a visual presentation on the recent Code Enforcement
activities within the City.
The City Council recessed at T35 p.m. and convened as the Community
Redevelopment Agency. The Community Redevelopment Agency adjourned at 8:33
P.M. and reconvened as the City Council.
Mayor Oden exited the Council Chamber briefly and Mayor Pro Tem Pougnet chaired
the meeting during his absence, 8:33 p.m.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.E., 2.F., 2.J., 2.M., 2.N., 2.0., 2.P., 27., 27., 2_U.,
2.V., and 2.W. Motion Councilmember Mills, seconded by Councilmember
McCulloch and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills, and
Mayor Pro Tern Pougnet.
NOES: None.
ABSENT: Mayor Oden.
City Council Minutes
December 6, 2006
Page 6
2.A. REPORT ON POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the December 6,
2006, City Council Agenda. Approved as part of the Consent Calendar.
2.13. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of November 15, 2006.
Approved as part of the Consent Calendar, noting the abstention of
Councilmember Mills due to his excused absence from that meeting.
2.E. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 21775, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 11-04-06 BY WARRANTS NUMBERED 411122 THROUGH
411175 TOTALING $81,813.50, LIABILITY CHECKS NUMBERED
1017068 THROUGH 1017100 TOTALING $136,031.28, AND THREE
WIRE TRANSFERS FOR $54,156.74 AND THREE ELECTRONIC ACH
DEBITS OF $1,125,096.03 IN THE AGGREGATE AMOUNT OF
$1,397,097.55 DRAWN ON BANK OF AMERICA-," and 2) Adopt
Resolution No. 21776, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1017101
THROUGH 1017406 IN THE AGGREGATE AMOUNT OF $2,883,065.07
DRAWN ON BANK OF AMERICA." Approved as part of the Consent
Calendar, noting the abstention of Councilmember Mills on Warrant
No. 1017379 due to a business related conflict.
2.F. REQUEST BY DORE REYES FOR A RESOLUTION OF PUBLIC
CONVENIENCE (CASE: 5.1131 - PCN) IN ORDER TO SELL BEER AND
WINE (TYPE 20 ABC LIQUOR LICENSE) AT SANTA MARIA MEAT
MARKET LOCATED AT 1566 NORTH PALM CANYON DRIVE, ZONE
C1, SECTION 10:
ACTION: Adopt Resolution No. 21777, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
A RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO SELL
BEER AND WINE AT SANTA MARIA MEAT MARKET LOCATED AT
1566 NORTH PALM CANYON DRIVE, ZONE C1, SECTION 10."
Approved as part of the Consent Calendar.
2.J. AMENDMENT NO. 1 TO AGREEMENT NO. A4429 WITH THE STATE
OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION:
ACTION: 1) Adopt Minute Order No. 7967, Approving Amendment No. 1
to Agreement No. A4429 (District No. 8-1165) with the State of California,
Department of Transportation (CalTrans) a cooperative agreement for the
design of the Indian Avenue/Interstate 10 interchange; and 2) Authorize
City Council Minutes
December 6, 2006
Page 7
the City Manager to execute all necessary documents. A4429_ Approved
as part of the Consent Calendar.
2.M. ADOPTION OF A CONFLICT OF INTEREST CODE PURSUANT TO
THE POLITICAL REFORM ACT OF 1974:
ACTION: Adopt Resolution No. 21779, "A RESOLUTION OF THE CITY
COUNCIL. OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
A CONFLICT OF INTEREST CODE AND SUPERSEDING PREVIOUS
RESOLUTIONS AND MINUTE ORDERS WITH RESPECT TO THE
CONFLICT OF INTEREST CODE." Approved as part of the Consent
Calendar.
2.N. AIRPORT BUDGET AMENDMENT FOR FISCAL YEAR 2006-07 TO
FUND AGREEMENT WITH REYNOLDS SMITH & HILL, APPROVED BY
THE CITY COUNCIL ON OCTOBER 4, 2006, MINUTE ORDER NO.
7923, FOR AVIATION CONSULTING SERVICES FOR A FIVE YEAR
PERIOD IN THE AMOUNT OF $1,140,783:
ACTION: Adopt Resolution No. 21780, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
THE BUDGET FOR FISCAL YEAR 2006-07." Approved as part of the
Consent Calendar.
2.0. STAFF AUTHORIZED AGREEMENTS FOR NOVEMBER 2006.
ACTION: Receive and file Staff Authorized Agreements covering the
period November 1 through November 30, 2006. Approved as part of
the Consent Calendar.
2.P. MODIFICATION NO. 7 TO LAW ENFORCEMENT REIMBURSABLE
AGREEMENT WITH TRANSPORTATION SECURITY
ADMINISTRATION - TSA:
ACTION: 1) Adopt Minute Order No_ 7970, Authorizing Amendment No. 7
to the Reimbursable Agreement between the Transportation Security
Administration (TSA) and the City of Palm Springs for law enforcement
officer (LEO) services for the period of October 1, 2006, through
September 30, 2007; and 2) Authorize the City Manager to execute all
necessary documents. A5397. Approved as part of the Consent
Calendar.
2.T. PURCHASE OF FIVE (5) NEW FORD VEHICLES FOR THE
WASTEWATER TREATMENT PLANT PER AGREEMENT WITH
VEOLIA WATER NORTH AMERICA-WEST, LLC:
ACTION: 1) Adopt Minute Order No. 7973, Approving the purchase of five
(5) new Ford vehicles for the Wastewater Treatment Plant in the amount
of $94,706.44 from Burch Ford of La Habra, California; 2) Adopt
Resolution No. 21782, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE
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December 6, 2006
Page 8
BUDGET FOR FISCAL YEAR 2006-07;" and 3) Authorize the City
Manager to execute all documents necessary to effectuate this action.
Approved as part of the Consent Calendar.
2.U. CITY OF PALM SPRINGS DEVELOPMENT PROJECT FEE REPORT
FOR FISCAL YEAR 2005-06:
ACTION: Receive and file the Development Project Fee Report for Fiscal
Year 2005-06. Approved as part of the Consent Calendar.
2.V. AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF PALM
SPRINGS AND THE PLANNING CENTER, ENCUMBRANCE
REALLOCATION RELATING TO THE COMPREHENSIVE GENERAL
PLAN UPDATE, AND AMENDING THE BUDGET FOR THE
COMMUNITY REDEVELOPMENT AGENCY:
ACTION: CITY COUNCIL: Adopt Minute Order No. 7974, Approving
Amendment No. 1 to Agreement No. A5023 with The Planning Center, in
the amount of $50,896, for additional services related to the
Comprehensive General Plan Update. A5023. Approved as part of the
Consent Calendar.
2.W. APPROVAL OF TWO BUDGET RESOLUTIONS TO EFFECTUATE A
SUBLEASE TO BUSINESS LEASE PSL-236 (AGUA CALIENTE
RESERVATION) WITH UNITED CONDOMINIUMS CORPORATION,
FOR A 1.77 ACRE PARCEL AT THE SOUTHWEST CORNER OF
AMADO ROAD AND CALLE ALVARADO FOR THE PURPOSE OF
FUTURE CONVENTION CENTER EXPANSION, INCLUDING
TURNAROUND AND DROP-OFF AREAS, OUTDOOR SEATING AND
SCULPTURE AREAS, AND PRESERVATION OF THE MOUNTAIN
VIEW:
ACTION: 1) Adopt Resolution No. 21783, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
THE BUDGET FOR FISCAL YEAR 2006-07;" and 2) Adopt Resolution
No. 21784A, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR
FISCAL YEAR 2006-07." Approved as part of the Consent Calendar,
noting the abstention of Councilmember Mills due to a business
related conflict
City Council Minutes
December 6, 2006
Page 9
EXCLUDED CONSENT CALENDAR:
2.C. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE
! NO. 1705, ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN
! CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO.
2005-1 (PUBLIC SAFETY SERVICES), ANNEXATION NO. 2:
ACTION: Waive further reading and adopt Ordinance No. 1705,
"ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN CITY OF PALM
SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC
SAFETY SERVICES), ANNEXATION NO. 2." Motion Councilmember
Foat, seconded by Councilmember McCulloch and carried 3-1 on a
roll call vote.
AYES: Councilmember Foat, Councilmember Mills, and Mayor Pro
Tem Pougnet.
NOES: Councilmember McCulloch.
ABSENT: Mayor Oden.
Mayor Oden returned to the Council Chamber, 8:36 p.m.
2.D. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE
NO. 1706, ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 2.16.010, 2.16.020, AND
2.16.030 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO
THE MEMBERSHIP OF THE PALM SPRINGS INTERNATIONAL
AIRPORT COMMISSION
ACTION: Waive further reading and adopt Ordinance No. 1706,
"ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTIONS 2.16.010, 2.16.020, AND 2.16.030 OF THE
PALM SPRINGS MUNICIPAL CODE, RELATING TO THE MEMBERSHIP
OF THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION."
Motion Councilmember Mills, seconded by Councilmember Foat and
carried 4-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tem
Pougnet, and Mayor Oden.
NOES: Councilmember McCulloch.
Mayor Oden called for a brief recess at 8:44 p.m., and reconvened at 8:47 p.m.
At 8:47 p.m. Councilmember Mills left the Council Chamber due to a business related
conflict of interest.
City Council Minutes
December 6, 2005
Page 10
2.G, FINAL MAP 31848-1 AND A SUBDIVISION IMPROVEMENT
AGREEMENT WITH SUNCAL PSV LLC, FOR 397 SINGLE FAMILY
HOME LOTS, 1 MULTI-FAMILY RESIDENTIAL LOT, AND 22 OPEN
SPACE LOTS, INCLUDING A GOLF COURSE, LOCATED EAST OF
INDIAN CANYON DRIVE AND NORTH OF SAN RAFAEL DRIVE, IN
SECTION 35, TOWNSHIP 3 SOUTH, RANGE 4 EAST:
Mayor Pro Tem Pougnet stated the project was approved by the City
Council with a vote of 3-2, he and Councilmember Foat voted noe. Due to
the abstention of Mills, he stated the final map and subdivision agreement
may not be approved. He stated he does not know how Councilmember
Foat will vote, but will vote for it because he feels that is the Council's
intent.
ACTION: 1) Adopt Resolution No. 21778, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING FINAL MAP 31848-1 FOR PROPERTY LOCATED EAST
OF INDIAN CANYON DRIVE AND NORTH OF SAN RAFAEL DRIVE, IN
SECTION 35, TOWNSHIP 3 SOUTH, RANGE 4 EAST, AND
APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH
SUNCAL PSV LLC, A DELAWARE LIMITED LIABILITY COMPANY;" and
2) Authorize the City Manager to execute all necessary documents.
A5393. Motion Mayor Pro Tem Pougnet, seconded by
Councilmember McCulloch, and carried 3-1 on a roll call vote.
AYES: Councilmember McCulloch, Mayor Pro Tem Pougnet, and
Mayor Oden.
NOES: Councilmember Foat.
ABSENT: Councilmember Mills.
At 8: 48 p.m. Councilmember Mills returned to the Council Chamber.
2.H. AMENDMENT NO. 2 TO AGREEMENT NO. A5252 WITH SPEER CIVIL
FOR PROFESSIONAL ENGINEERING SERVICES:
Mayor Pro Tem Pougnet requested detailed information regarding staff
time and savings.
ACTION: 1) Adopt Minute Order No. 7965, Approving Amendment No. 2
to Agreement No. A5252 with Speer Civil in the amount of $39,264 for a
total contract amount not to exceed $113,264 for professional engineering
staff services to assist the Department of Public Works & Engineering with
the development and capital project workloads through June 30, 2007;
and 2) Authorize the City Manager to execute all necessary documents.
City Council Minutes
December 6, 2006
Page 11
A5252. Motion Councilmember Foat, seconded by Councilmember
McCulloch, and unanimously carried on a roll call vote.
2.1. AWARD OF CONTRACT FOR THE STP PAVEMENT
REHABILITATION, CITY PROJECT 05-13, FEDERAL AID PROJECT
NO. STPL 5282 (024):
Councilmember Foat voiced concerns relating to the significant difference
between the engineer's estimate and the actual low bid received, and
requested additional information.
ACTION: Adopt Minute Order No. 7966, Approving an agreement with
Granite Construction Company, for Bid Schedules A and B, for the STP
Pavement Rehabilitation, City Project 05-13, Federal Aid Project No.
STPL 5282 (024) in the amount of $452,551.00; and 2) Authorize the City
Manager to execute all necessary documents. A5394. Motion
Councilmember McCulloch, seconded by Mayor Pro Tom Pougnet
and unanimously carried on a roll call vote.
2.K. CONTRACT SERVICES AGREEMENT WITH DAVID EVANS AND
ASSOCIATES, INC., FOR THE GENE AUTRY TRAIL GATEWAY
LANDSCAPING IMPROVEMENT, CITY PROJECT 06-03:
Councilmember Mills requested clarification regarding the proposed
agreement, attached to the staff report.
ACTION: 1) Adopt Minute Order No. 7968, Approving an agreement with
David Evans and Associates, Inc. for the Gene Autry Trail Gateway
Landscaping Improvement in the amount of $231,745, City Project 06-03;
and 2) Authorize the City Manager to execute all necessary documents.
A5395. Motion Mayor Pro Tern Pougnet, seconded by
Councilmember Foat and unanimously carried on a roll call vote.
21. AGREEMENT WITH GOODWILL INDUSTRIES OF SOUTHERN
CALIFORNIA FOR ROADSIDE MAINTENANCE SERVICES:
Councilmember Mills inquired why the Interstate 10 and Gateway corridor
was not included.
ACTION: 1) Adopt Minute Order No. 7969, Approving an agreement with
Goodwill Industries of Southern California for roadside maintenance
services in an estimated monthly amount of $6,509.27, not to exceed
$78,111.20 per year for three years with two one-year extensions upon
mutual consent of the Director of Public Works and Goodwill Industries; 2)
Authorize the City Manager to execute all necessary documents. A5396.
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City Council Minutes
December 6, 2006
Page 12
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Motion Councilmember McCulloch, seconded by Mayor Pro Tern
Pougnet and unanimously carried on a roll call vote.
2.Q. PURCHASE OF NEW AIRPORT BAGGAGE CART SYSTEM AND
AIRPORT BUDGET AMENDMENT FOR FISCAL YEAR 2006-07:
Mayor Pro tem Pougnet requested clarification.
Councilmember Mills stated typically the information included in the staff
report are amounts of all bids received and staff's estimate, and requested
this information be provided in the future.
ACTION: 1) Adopt Resolution No. 21781, "A RESOLUTION OF THE CITY
COUNCIL, OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
THE BUDGET FOR FISCAL YEAR 2006-07;" 2) Adopt Minute Order No.
7971, Approving the purchase of a new airport passenger baggage cart
system from Flight Services & Systems Inc., in the amount of $94,786.50;
and 3) Authorize the City Manager to execute all necessary documents.
Motion Councilmember McCulloch, seconded by Mayor Pro Tern
Pougnet and unanimously carried on a roll call vote.
2.R. ACCEPT WITH REGRET THE RESIGNATION OF GUDRUN
FRUEHLING FROM THE PUBLIC ARTS COMMISSION:
Councilmember Foat provided background on her appointment and her
invaluable contributions to the Public Arts Commission, and inquired if she
may be an ex-ofPicio member. She added that if she were an ex-officio
member she would be able to participate and provide her contributions to
the Public Arts Commission and would not be a voting member.
Councilmember McCulloch requested clarification, stating that as a
member of the public she would not be able to participate openly except
during the public comment period.
Councilmember Mills stated he would not support this type of
appointment, adding this would allow other Boards and Commissions to
have ex-officio members.
Councilmember McCulloch requested the City Attorney provide the
definition of residents with respect to qualifying to serve on a City Board or
Commission.
Councilmember Pougnet inquired about the Ms. Fruehling's voter
registration status.
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December 6, 2006
Page 13
Mayor Oden stated she has been an asset as a Commissioner and
it thanked her for her invaluable service to the City.
ACTION: 1) Accept with regret the resignation of Gudrun Fruehling from
the Public Arts Commission. Motion Councilmember McCulloch,
seconded by Mayor Pro Tem Pougnet, and unanimously carried on a
roll call vote.
2.S. AMENDING THE LEASE AGREEMENT WITH THE COUNTY OF
RIVERSIDE, CALIFORNIA, FOR REAL PROPERTY LOCATED AT 3111
EAST TAHQUITZ CANYON WAY, EXTENDING THE TERM OF THE
LEASE TO DECEMBER 31, 2007:
Councilmember Foat requested an update on the City's future plans
relating to this property.
ACTION: 1) Adopt Minute Order No. 7972, Approving Amendment No. 1
to a lease agreement with the County of Riverside, for real property
located at 3111 East Tahquitz Canyon Way, occupied by Department of
Health, extending the term of the lease to December 31, 2007; and 2)
Authorize the City Manager to execute all necessary documents. A2389.
Motion Councilmember Foat, seconded by Councilmember
McCulloch, and unanimously carried on a roll call vote.
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
5.A. AGREEMENT WITH FLUID IMAGES, INC, FOR VIDEO ADVERTISING
IN THE AIRPORT PASSENGER TERMINAL:
Richard Walsh, Director of Aviation, presented the staff report dated
December 6, 2006, and a visual presentation.
Mayor Pro Tem Pougnet requested additional information.
Councilmember Mills requested clarification on the proposed agreement
attached to the staff report; and inquired about the screen sizes, screen
locations, additional screens, questioned the message being relayed to
the travel erslvisitors, and would like to ensure this will be intergrated
effectively.
City Council Minutes
December 6, 2006
Page 14
Mayor Oden suggested that prior to the placement of the screens, that it
be presented to Council for input and review.
Councilmember Foat stated the City has a competent staff and
suggested authorizing an agreement with Fluid Images, Inc.
City Manager Ready stated the Council's concerns will be addressed prior
to the execution of the agreement; 1) Include in the agreement the
percentage the City will receive in advertising, 2) Address the sensitivity of
the placement of the screens; 3) Address the structural concerns; and 4)
Will provide a report to Council.
Councilmember McCulloch stated if for any reason the Council is not
satisfied with the agreement it may be cancelled with a 30-day notice.
ACTION: 1) Adopt Minute Order No. 7975, Authorizing an agreement with
Fluid Images, Inc. to provide specialized video advertising services in the
Airport Terminal term ending December 31, 2009; and 2) Authorize the
City Manager to execute all necessary documents. A5398. Motion
Councilmember McCulloch, seconded by Councilmember Foat and
unanimously carried on a roll call vote.
The meeting was continued after 10:00 p.m. by a unanimous vote of the
City Council.
5.13. AIRPORT COURTYARD LANDSCAPING - HARBOR CONSTRUCTION
CHANGE ORDER NO. 2 TO AGREEMENT NO. A5257:
Al Smoot, Aviation Consultant, presented the staff report dated December
6, 2006.
ACTION: 1) Adopt Resolution No. 21784-8, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHOR17ING THE CITY CONSTRUCTION PROJECT
ADMINISTRATOR TO FINALIZE NEGOTIATIONS WITH HARBOR
CONSTRUCTION AND APPROVE CHANGE ORDER NO. 2 TO
AGREEMENT NO. A5257 FOR DEMOLITION/SECURITY
WALL/GRADING IMPROVEMENTS AT THE AIRPORT NEW
HOLDROOM COURTYARD AND CONNECTOR WALKWAY IN AN
AMOUNT NOT TO EXCEED $750,000, AND TO REPORT BACK TO THE
CITY COUNCIL AT A REGULAR MEETING;" and 2) Authorize the City
Manager and City Construction Project Administrator to execute all
necessary documents. A5257. Motion Councilmember Mills,
seconded by Councilmember McCulloch, and unanimously carried
on a roll call vote.
City Council Minutes
December 6, 2006
Page 15
COUNCILMEMBER COMMENTS AND REPORTS:
Mayor Pro Tem Pougnet inquired about the status of the letter to the Registrar of
Voters.
Councilmember Foat requested that the TRENO Neighborhood Association be afforded
time for a presentation at the December 13'h City Council Meeting.
Mayor Oden provided an overview of the recent activities of the Mayor's Office.
ADJOURNMENT: At 10:13 p.m. the City Council adjourned to a Joint Meeting with the
Human Rights Commission, a Study Session, and an Adjourned Regular Meeting,
Wednesday, December 13, 2006, at 6:00 p.m. in the Council Chamber, City Hall,
preceded by a Closed Session at 5:00 p.m., in the Small Conference Room, at City Hall,
3200 East Tahquitz Canyon Way, Palm Springs.
MAYOR
ATTEST:
City Clerk
PALM SPRINGS CITY COUNCIL
MINUTES
WEDNESDAY, JANUARY 10, 2007
CITY COUNCIL CHAMBER
CALL TO ORDER: Mayor Pro Tern Pougnet called the meeting to order at 6:02 P.M.
PLEDGE OF ALLEGIANCE: Mayor Pro Tern Pougnet led the Pledge.
ROLL CALL:
PRESENT: Councilmember Foat, Councilmember McCulloch, Councilmember
Mills, and Mayor Pro Tern Pougnet.
ABSENT: Mayor Oden.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
INVOCATION: The Invocation was led by Brother Bonaventure from St. Vincent's Arch
Abbey in Pennsylvania.
PRESENTATIONS:
John Foster and Michael Wilthorpe presented to the City Council a limited Giclee
painting of Bob Hope by well-known artist Graeme Baxter to place in the City's
Conference Room.
REPORT OF CLOSED SESSION: City Attorney Holland stated that at 5:00 P.M. the
meeting was called to order and the City Council recessed into Closed Session to
discuss items on the posted Closed Session Agenda. No reportable actions were taken.
ACCEPTANCE OF THE AGENDA:
ACTION: Accept the Agenda as presented. Motion Councilmember Foat, seconded
by Councilmember Mills and unanimously carried on a roll call vote.
PUBLIC COMMENT:
KEITH McCORMICK, provided an update on the proposed Downtown/Uptown Business
Improvement District and a proposed New Year's Eve Celebration.
RICHARD JENKINS, commented on Item 1.B. and the over use of the City's sports and
leisure complex at Demuth Park.
DR. DOUG KUNTZ, Friends of the Palm Springs Animal Shelter, provided an update on
the site selection of a new animal shelter, and commented on fundraising efforts.
TOM KANARR, Palm Springs, commented on the usage of Demuth Park and requested
the City Council provide upgrades to the facilities_
City Council Minutes
January 10, 2007
Page 2
COUNCILMEMBER COMMENTS AND REQUESTS: None_
CITY MANAGER'S REPORT: None.
1. STUDY SESSION:
I.A. FISCAL YEAR 2006-07 MID-YEAR BUDGET REVIEW:
City Manager Ready and Craig Graves, Director of Finance, provided
background information as outlined in the Fiscal Year 2006-07 Mid-Year
Budget Review document.
Councilmember Mills requested staff clarify that the surplus from the
previous year returns to Fund Balance.
Councilmember Foat requested staff provide additional information on the
Cable TV Franchise Fee and how the current legislation may affect the
projected fees, and the impact of the closure of hotels and the current
status of other hotels in the City.
Councilmember McCulloch stated he is pleased with the projections and
provided a historical perspective of the state of the budget.
Mayor Pro Tem Pougnet requested staff address if the salary increases
are calculated in the projections, address any anticipated large
expenditures that may skew the projections, and the decrease in the
percentage of public safety as it relates to overall cost.
Councilmember Foat thanked the staff for the preparation of the budget.
No action taken.
I.B. IDENTIFICATION AND PRIORITIZATION OF POTENTIAL MUNICIPAL
FACILITIES:
City Manager Ready and Troy Butzlaff, Assistant City Manager, provided
background information on the list of municipal facilities for a proposed
general obligation bond, and requested the City Council identify any other
facilities that should be included on the list of potential facilities.
Councilmember Foat requested clarification on existing funds and land for
a new fire station, the possibility of removing or moving the Victoria Park
Fire Station No. 3, and the possibility of moving the location of the library.
Councilmember McCulloch requested staff clarify if the bonds would
require a vote of the citizens and the super-majority requirement of a
City Council Minutes
January 10, 2007
Page 3
2l3rds vote, the assessment rates per $100,000 of property value, and the
history of cities getting the necessary votes to pass a bond measure.
Councilmember Mills commented on the recent bond issue measures by
the Palm Springs Unified School District, and the history of City bond
measures.
Councilmember McCulloch requested staff address the bond capacity of
the City.
Councilmember Mills requested public restrooms in the Downtown, and
certain park and recreation improvements with respect to softball and
soccer uses be added to the list of facilities for the survey.
Councilmember Foat requested staff address the cost estimates for the
proposed animal shelter.
ACTION: Direct staff to proceed with the survey with the staff
recommended facilities and add Park and Recreation Improvements. By
consensus of the City Council.
Councilmember Mills stated he may have a potential conflict of interest with
respect to Item 1.C., would not participate in the discussion or the vote, and left
Council Chamber.
1.C. DISCUSSION OF POTENTIAL SITES FOR THE CITY OF PALM
SPRINGS ANIMAL SHELTER FACILITY:
City Manager Ready and Gary Jeandron, Police Chief, provided
background information on the proposed site of a new animal shelter.
Councilmember Foat stated the proposed site is excellent and suggested
staff review the Marin County site and programs.
Councilmember McCulloch requested staff address the site with respect to
Gene Autry Trail, a main artery, and where the City could acquire
additional land to replace the percolation pond.
ACTION: Direct staff to proceed with analysis on the proposed site, and
provide information on the replacement of the percolation pond, the
intended use for the site. By consensus of the City Council.
Councilmember Mills returned to the dais-
I.D. DESIGN FOR DEVELOPMENT UPDATE:
Tom Wilson, Assistant City Manager, provided background information as
outlined in Downtown Palm Springs Master Developer Opportunity RFQ.
City Council Minutes
January 10, 2007
Page 4
Councilmember McCulloch requested staff address a design plan with all
of the various owners, and who will pay for the Master Plan.
Councilmember Mills requested staff address the Developer product that
will be presented to the City and the Tribe, and if potential Developer's
respond to only a portion of the project area.
Councilmember Foat commented on the expected end product provided
by the RFQ, and the partnership with the Tribe.
Mayor Pro Tem Pougnet commented on the timing and the overall
progress and success of the process.
No action taken-
I.E. DISCUSSION OF LAFCO SPHERE OF INFLUENCE AMENDMENT
APPLICATIONS:
Craig Ewing, Director of Planning Services, provided an update to the
Sphere of Influence Application.
Mayor Pro Tern Pougnet requested staff address the current status with
the Cathedral City Sphere of Influence east of Gene Autry.
Councilmember Foat requested staff address the meaning of Sphere of
Influence.
Councilmember Mills requested staff clarify if Palm Springs is pursuing the
west side of Gene Autry at the Wash.
City Manager Ready asked the City Council if they wanted to pursue the
small triangle piece in the unincorporated area on Palm Canyon near Golf
Club Drive at the Palm Springs-Cathedral City border.
Councilmember McCulloch requested staff address any environmental
issues with the prior gas tanks on that site.
ACTION: Direct staff to pursue the addition of the small triangle parcel in
the unincorporated area on Palm Canyon near Golf Club Drive at the Palm
Springs-Cathedral City border, to the City's Sphere of Influence. By
consensus of the City Council.
COUNCILMEMBER COMMENTS AND REPORTS: None.
ADJOURNMENT: The City Council adjourned at 7:46 P.M. to a Regular Meeting,
Wednesday, January 17, 2007, at 6:00 p.m. in the Council Chamber, City Hall,
City Council Minutes
January 10, 2007
Page 5
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 7tn
DAY OF FEBRUARY, 2007.
MAYOR
ATTEST:
City Clerk
i
I
PALM SPRINGS CITY COUNCIL
MINUTES
WEDNESDAY, JANUARY 17, 2007
CITY COUNCIL CHAMBER
CALL TO ORDER: Mayor Oden called the meeting to order at 6:10 P.M.
PLEDGE OF ALLEGIANCE: Councilmember Mills led the Pledge.
INVOCATION. Pastor Mike Coppersmith, Our Savior's Community Church, led the
Invocation,
ROLL CALL:
PRESENT: Councilmember Foat, Councilmember McCulloch, Councilmember
Mills, Mayor Pro Tern Pougnet, and Mayor Oden.
ABSENT: None.
ALSO PRESENT:City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS: Brig. General Combs, Mayor Oden and the City Council presented
a Certificate of Appreciation to Michele Cirone-Collier for her work on the City's
Veteran's Day Parade.
REPORT OF CLOSED SESSION: City Attorney Holland stated that at 5:00 P.M. the
meeting was called to order and the City Council recessed into Closed Session to
discuss items on the posted Closed Session Agenda. No reportable actions were taken.
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson requested the City Council table Consent Calendar Item 2.0. at
the request of staff.
Mayor Pro Tern Pougnet requested Item 2.G. be removed from the Consent Calendar
for separate discussion.
Councilmember Mills requested Item 21. be removed from the Consent Calendar for
separate discussion.
ACTION: Accept the Agenda as presented. Motion Councilmember Mills, seconded
by Councilmember Foat and unanimously carried on a roll call vote.
1. PUBLIC HEARINGS:
1.A. APPLICATION BY PEGASUS FINANCIAL ENTERPRISE, LLC, AGENT
FOR NEW MESQUITE GREENS HOA, LESSEE, FOR A TENTATIVE
PARCEL MAP 33054 TO SUBDIVIDE LAND FOR THE
CONSTRUCTION OF THREE SINGLE-FAMILY RESIDENTIAL UNITS
City Council Minutes
January 17, 2007
Page 2
ON APPROXIMATELY 1.31 ACRES LOCATED ON SOUTH SUNRISE
WAY, NEAR THE INTERSECTION OF MESQUITE AVENUE:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated January 17, 2007.
Councilmember Foat requested staff address landscaping conditions that
provide for front and side landscaping in a manner not to obstruct the view
of traffic.
Councilmember Mills requested staff address if an HOA is a part of the
project, landscape maintenance requirements, and a requirement not to
allow gates that would obstruct the view of traffic.
City Attorney Holland requested the City Council consider an amendment
to Condition No. 3 to provide that the covenant agreement shall be
recorded.
Councilmember Foat requested that the property owner clear the current
trees off the property.
Mayor Oden opened the public hearing and the following speaker
addressed the City Council.
SAMUEL OLAZABAL, Applicant, thanked the City Council for their
previous conditions, requested approval of the project, and agreed to clear
the trees on the property.
No further speakers coming forward, the public hearing was closed.
Mayor Pro Tem Pougnet thanked the Applicant and staff for the redesign
of the project in terms of traffic safety.
Councilmember Mills requested that the discussion regarding landscape,
gates, and the recording of the covenant, be included in the motion and
action.
Mayor Oden thanked staff and the Applicant for an improved and safer
project with respect to traffic ingress and egress.
ACTION: Adopt Resolution No. 21807, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING TENTATIVE PARCEL MAP 33054 TO SUBDIVIDE ONE
PARCEL INTO THREE PARCELS, LOCATED AT SOUTH SUNRISE
WAY NEAR EAST MESQUITE AVENUE, ZONE W-R-1-C, SECTION 24,
APN: 502-560-038" amending the Conditions of Approval to add a
I condition requiring landscape plans be subject to architectural approval,
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City Council Minutes
January 17, 2007
Page 3
landscaping materials in the front must comply with the fence and wall
height limits, no entry gates shall be allowed, and amending Condition No.
3 to require the covenant agreement for the property shall be recorded
prior to the recordation of the final map. Motion Councilmember Foat,
seconded by Councilmember Mills and unanimously carried on a roll
call vote.
Councilmember Mills stated he has a business related conflict of interest with
respect to Item 1.6., would not participate in the discussion or the vote, and left
Council Chamber.
1.13. REQUEST BY PS DEL GRANO II, LLC FOR THE APPROVAL OF CASE
NO. 3.2952, MAJOR ARCHITECTURAL REVIEW AND TENTATIVE
TRACT MAP 35019, PRIVADO, FOR THE DEVELOPMENT OF 81
CONDOMINIUM UNITS ON 7.11 ACRES AT THE NORTHEAST
CORNER OF AMADO ROAD AND AVENIDA CABALLEROS:
Nicole Criste, Contract Planner, provided background information as
outlined in the staff report dated January 17, 2007.
Councilmember Foat requested staff address building height and the
splitting of floors within a unit, and the deletion of Conditions 25, 26 and 51
by the Planning Commission.
Mayor Pro Tern Pougnet requested staff address the building height
including the mechanical equipment, and requested the Fire Chief address
the ingress and egress for Fire Department access.
Mayor Oden opened the public hearing, and the following speaker
addressed the City Council.
CANDACE CASEY, Applicant, provided background information on the
proposed project and its amenities, commented on maximizing the
available parking on the site, the placement of the Amado Road gates,
commented on the building height with the mechanical equipment, and
requested the City Council address the condition requiring red curbing.
No further speakers coming forward, the public hearing was closed.
Mayor Pro Tem Pougnet requested the Applicant address the square
footage on the top floor, the height of the mechanical equipment on the
roof, and the discussion at the community meeting with the development
located to the East of the proposed project.
Councilmember McCulloch requested the Fire Chief address the red curb
Fire Lane, and commented on the aesthetics of red curbs.
City Council Minutes
January 17, 2007
Page 4
Councilmember Foat requested the Fire Chief address the red curb at the
access gate to make the turn into the property.
ACTION: Adopt Resolution No. 21808 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING CASE NUMBER 3.2952, TENTATIVE TRACT MAP 35019,
PS DEL GRANO II, A PROPOSED 81 UNIT CONDOMINIUM PROJECT
ON 7.11 ACRES LOCATED AT THE NORTHEAST CORNER OF AMADO
ROAD AND AVENIDA CABALLEROS." Motion Councilmember
McCulloch, seconded by Councilmember Foat and unanimously
carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember McCulloch, Mayor Pro
Tern Pougnet, and Mayor Oden.
NOES: None.
ABSENT: Councilmember Mills.
Councilmember Mills returned to the dais.
Councilmember Foat stated she has a business ownership related conflict of
interest with respect to Item 1.C., would not participate in the discussion or the
vote, and left Council Chamber.
I.C. ESTABLISHING THE PALM SPRINGS BUSINESS IMPROVEMENT
DISTRICT IN THE DOWNTOWN AND UPTOWN AREAS OF PALM
SPRINGS AND AUTHORIZING THE LEVY OF ASSESSMENT
PURSUANT TO THE PARKING AND BUSINESS IMPROVEMENT
AREA OF LAW OF 1989:
Cathy Van Horn, Economic Development Administrator, provided
background information as outlined in the staff report dated January 17,
2007.
Mayor Oden requested staff address the purpose of the assessment,
previous activities and marketing funding in the area, and the role of the
Bureau of Tourism.
Mayor Pro Tern Pougnet requested staff address the letters of protest, and
the maximum amount of the BID.
Mayor Oden opened the public hearing, and the following speakers
addressed the City Council.
DANIA DUKE, General Manager Palm Springs Hyatt Suites, spoke in
support of the Business Improvement District.
City Council Minutes
January 17, 2007
Page 5
RUDY MESS, Vacation International, spoke in opposition to the Business
Improvement District and provided a written protest.
PAUL ORTEGA, Palm Springs, stated his opposition to the Business
Improvement District, and commented on the current make-up of the
Board and the representation by MainStreet.
KEN KISHIMIZU, spoke in opposition to the Business Improvement
District and stated he feels the BID will not market their Spa product in a
hotel.
TONI RINGLEIN, Palm Springs, stated her support for the Business
Improvement District and provided written testimony in support of the
District.
JOY MEREDITH, Palm Springs, stated her support for the Business
Improvement District, and outlined the history of the proposed BID in the
Downtown area.
RICK HUTCHESON, Palm Springs, spoke in support of the Business
Improvement District.
JOHN PIVINSKI, Palm Springs Chamber of Commerce, read a letter from
the Executive Committee in support of the Business Improvement District.
JOHN HUGHES, stated he owned the business Mr. Canvass, 150
Tahquitz Canyon, stated his opposition to the proposed Business
Improvement District, and provided an oral protest,
MICHAEL MCCARTNEY and Jim Osterberger, Spurline Video Lounge,
200 South Indian Canyon, spoke in opposition to the Business
Improvement District and provided an oral protest.
BRAD VERDE, Celtic Craft Centre, 380 North Palm Canyon Drive, spoke
in opposition to the Business Improvement District and provided an oral
protest.
VALERIE URKS, stated she owns a business on Palm Canyon, and spoke
in opposition to the Business Improvement District.
No further speakers coming forward, the public hearing was closed.
City Clerk Thompson recapped the number of protests received and noted
that a majority protest was not received, and the City Council could
proceed with the BID if so desired.
City Council Minutes
January 17, 2007
Page 6
Councilmember McCulloch commented on the proposal by Main Street,
and stated he opposes an additional assessment on businesses in the
Downtown area, but would support a voluntary marketing program and
assessment.
Councilmember Mills requested the City Attorney address Resolution No.
21793 the Resolution of Intent, stated the purpose of the BID, and
requested clarification on marketing and promotional activities.
The City Council recessed at 7:45 P.M. due to a power outage.
The City Council reconvened at 8:15 P.M., and the power continued off.
Mayor Oden announced that the City Council will finish discussion on Item
1.C., consider non-contested Consent Calendar Items, and all other Items
on the Agenda will be continued.
The City Council continued deliberations on Item 1.C. for a short time.
Councilmember McCulloch stated the City Council was not reaching a consensus
and indicated it was not fair to proceed under the current conditions, and
recommended adjournment.
Councilmember Foat returned to the dais.
ACTION: Consider uncontested Consent Calendar Items, continue all other
Items on the Agenda to February 7, 2007, and then adjourn the meeting to
February 7, 2007, Motion Councilmember McCulloch, seconded by
Councilmember Foat and carried 3-2 on a roll call vote.
AYES: Councilmember Foat, Councilmember McCulloch, and Mayor Oden.
NOES: Councilmember Mills, and Mayor Pro Tern Pougnet.
PUBLIC COMMENT: None.
COUNCILMEMBER COMMENTS AND REQUESTS: None.
CITY MANAGER'S REPORT: None.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.H., 2.1., 2.1, 2.K.,
2.M., and 2.N. Motion Mayor Pro Tem Pougnet, seconded by
Councilmember Mills and unanimously carried on a roll call vote,
2.A. REPORT ON POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the January 17, 2007,
City Council Agenda. Approved as part of the Consent Calendar.
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City Council Minutes
January 17, 2007
Page 7
2.13. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of January 3, 2007.
Approved as part of the Consent Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION. 1) Adopt Resolution No. 21809, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1017998 THROUGH 1018000 IN THE AGGREGATE
AMOUNT OF $81,303.26 DRAWN ON BANK OF AMERICA;" 2) Adopt
Resolution No. 21810, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT
OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1018001
THROUGH 1018259 IN THE AGGREGATE AMOUNT OF $1,946,878.50
DRAWN ON BANK OF AMERICA;" 3) Adopt Resolution No. 21811, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL
WARRANTS FOR THE PERIOD ENDED 12-16-06 BY WARRANTS
NUMBERED 411297 THROUGH 411349 TOTALING $68,944.83,
LIABILITY CHECKS NUMBERED 1017965 THROUGH 1017997
TOTALING $135,465.26, THREE WIRE TRANSFERS FOR $84,034.68
AND THREE ELECTRONIC ACH DEBITS OF $1,039,526.74 IN THE
AGGREGATE AMOUNT OF $1,327,971.51 DRAWN ON BANK OF
AMERICA;" and 4) Adopt Resolution No. 21812, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 12-30-06 BY WARRANTS NUMBERED 411350 THROUGH
411398 TOTALING $71,616.60, LIABILITY CHECKS NUMBERED
1018260 THROUGH 1018292 TOTALING $137,398.32, THREE WIRE
TRANSFERS FOR $59,386.02 AND THREE ELECTRONIC ACH DEBITS
OF $1,031,726.82 IN THE AGGREGATE AMOUNT OF $1,300,127.76
DRAWN ON BANK OF AMERICA." Approved as part of the Consent
Calendar.
2.D. STAFF AUTHORIZED AGREEMENTS FOR DECEMBER 2006:
ACTION: Receive and file Staff Authorized Agreements covering the
period December 1 through December 31, 2006. Approved as part of
the Consent Calendar.
2.E. TREASURER'S INVESTMENT REPORT AS OF NOVEMBER 30, 2006:
ACTION: Receive and file Treasurer's Investment Report as of November
30, 2006. Approved as part of the Consent Calendar.
2.F. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE
NO. 1708, ADDING CHAPTER 16,39 TO THE PALM SPRINGS
City Council Minutes
January 17, 2007
Page 8
MUNICIPAL CODE, RELATING TO RENTAL CAR AGENCIES AND
THE ESTABLISHMENT OF A CUSTOMER FACILITIES CHARGE:
ACTION: Waive further reading and adopt Ordinance No. 1708, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING
CHAPTER 16.39 TO THE PALM SPRINGS MUNICIPAL CODE,
RELATING TO RENTAL CAR AGENCIES AND THE ESTABLISHMENT
OF A CUSTOMER FACILITIES CHARGE." Approved as part of the
Consent Calendar.
2.1-1. AIRPORT HOLDROOM PROJECT FUND - AMENDING THE BUDGET
FOR FISCAL YEAR 2006-07:
ACTION: Adopt Resolution No. 21813, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
THE BUDGET FOR FISCAL YEAR 2006-07." Approved as part of the
Consent Calendar.
2.1, AMENDMENT NO. 10 TO AGREEMENT NO. A4487 WITH VSA
AIRPORTS, INC. FOR ENGINEERING SERVICES FOR THE
HOLDROOM AIRCRAFT RAMP IMPROVEMENTS:
ACTION: 1) Adopt Minute Order No. 7993, Approving Amendment No. 10
to Agreement No. A4487 with VSA Airports, Inc. to add design and field
engineering services for aircraft apron improvements relating to the New
Holdroom Project, in an amount not to exceed $12,000. A4487. Approved
as part of the Consent Calendar.
2.J. FINAL MAP 32732 AND A SUBDIVISION IMPROVEMENT
AGREEMENT WITH 111/CAMINO REAL, LLC, FOR 9 SINGLE FAMILY
HOME LOTS, 1 CONDOMINIUM LOT, AND 1 COMMERCIAL LOT,
LOCATED AT THE SOUTHEAST CORNER OF EAST PALM CANYON
DRIVE AND CAMINO REAL, IN SECTION 26, TOWNSHIP 4 SOUTH,
RANGE 4 EAST:
ACTION: 1) Adopt Resolution No. 21814, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING FINAL MAP 32732 FOR PROPERTY LOCATED AT THE
SOUTHEAST CORNER OF EAST PALM CANYON DRIVE AND CAMINO
REAL, IN SECTION 26, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND
APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH
111/CAMINO REAL, LLC, A CALIFORNIA LIMITED LIABILITY
COMPANY;" and 2) Authorize the City Manager to execute all necessary
documents. A5426. Approved as part of the Consent Calendar.
2.K. FINAL MAP 33878-1 AND A SUBDIVISION IMPROVEMENT
AGREEMENT WITH SMOKE TREE, INC., FOR 10 RESIDENTIAL LOTS,
AND 13 OPEN SPACE LOTS, LOCATED AT 1850 SMOKETREE LANE,
IN SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST:
City Council Minutes
January 17, 2007
Page 9
ACTION: Adopt Resolution No. 21815, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING FINAL MAP 33878-1 FOR PROPERTY LOCATED AT 1850
SMOKETREE LANE, IN SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4
EAST, AND APPROVING A SUBDIVISION IMPROVEMENT
AGREEMENT WITH SMOKE TREE, INC., A CALIFORNIA
CORPORATION;" and 2) Authorize the City Manager to execute all
necessary documents. A5425. Approved as part of the Consent
Calendar.
2.M. REQUEST BY ERNEST G. NOIA FOR A ONE-YEAR TIME EXTENSION
ENDING ON OCTOBER 14, 2006, FOR TENTATIVE TRACT MAP 31318
AND TENTATIVE PARCEL MAP 31351 FOR THE INDIAN OASIS
DEVELOPMENT (ASSOCIATED CASE NO. 5,0870 PDD 268) AT THE
SOUTHWEST CORNER OF MESQUITE AND CROSSLEY ROAD, ZONE
PDD-268, SECTION 20:
ACTION: Adopt Resolution No. 21816, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A ONE-YEAR TIME EXTENSION FROM OCTOBER 15,
2005, TO OCTOBER 14, 2006, FOR TENTATIVE TRACT MAP 31318
AND TENTATIVE PARCEL MAP 31351 FOR THE INDIAN OASIS
DEVELOPMENT LOCATED AT THE SOUTHWEST CORNER OF EAST
MESQUITE AVENUE AND CROSSLEY ROAD, ZONE PDD-268,
SECTION 20." Approved as part of the Consent Calendar.
2.N. REQUEST BY ERNEST G. NOIA FOR A ONE-YEAR TIME EXTENSION
ENDING ON OCTOBER 14, 2007, FOR TENTATIVE TRACT MAP 31318
AND TENTATIVE PARCEL MAP 31351 FOR THE INDIAN OASIS
DEVELOPMENT (ASSOCIATED CASE NO. 5.0870 PDD 268) AT THE
SOUTHWEST CORNER OF MESQUITE AND CROSSLEY ROAD, ZONE
PDD-268, SECTION 20:
ACTION: Adopt Resolution No. 21817, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A ONE-YEAR TIME EXTENSION FROM OCTOBER 15,
2006, TO OCTOBER 14, 2007, FOR TENTATIVE TRACT MAP 31318
AND TENTATIVE PARCEL MAP 31351 FOR THE INDIAN OASIS
DEVELOPMENT LOCATED AT THE SOUTHWEST CORNER OF EAST
MESQUITE AVENUE AND CROSSLEY ROAD, ZONE PDD-268,
SECTION 20." Approved as part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2.G. SIDE LETTER AGREEMENT WITH THE POLICE MANAGEMENT UNIT
PROVIDING A CELL PHONE ALLOWANCE IN LIEU OF RECEIVING A CITY
PROVIDED CELL PHONE EFFECTIVE FEBRUARY 1, 2007:
ACTION: Tabled to February 7, 2007.
i
City Council Minutes
January 17, 2007
Page 10
2.L. PROFESSIONAL SERVICES AGREEMENT WITH HUNT ENVIRONMENTAL
SERVICES, INC. FOR OVERSIGHT AND TECHNICAL ASSISTANCE
RELATED TO THE WASTEWATER TREATMENT PLANT AND
TERMINATION OF AGREEMENT NO. A5372 WITH ARCADIS G& M INC:
ACTION: Tabled to February 7, 2007.
2.0. AGREEMENT WITH CGI COMMUNICATIONS, INCORPORATED FOR VIDEO
PRODUCTION AND WEB STREAMING SERVICES:
ACTION: Tabled to February 7, 2007.
COMMUNITY REDEVELOPMENT AGENCY
RA1. APPROVAL OF DECEMBER 6, 2006, AND DECEMBER 20, 2006 MINUTES:
ACTION: Tabled to February 7, 2007.
RA2. AMENDMENT TO THE OWNER PARTICIPATION AGREEMENT WITH
MILLENNIUM HOUSING CORPORATION TO PROVIDE A LOAN OF $450,000
FOR THE PURPOSE OF CONSTRUCTING A PERIMETER BLOCK WALL AT
SAHARA MOBILE HOME PARK LOCATED AT 1955 SOUTH CAMINO REAL:
ACTION: Tabled to February 7, 2007.
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS:
4.A. COLLEGE OF THE DESERT, WEST VALLEY EDUCATION CENTER,
PROPOSAL UPDATE:
ACTION: Tabled to February 7, 2007.
5. NEW BUSINESS:
5.A. PALM SPRINGS INTERNATIONAL AIRPORT - AIR INCENTIVE
PROGRAM:
ACTION: Tabled to February 7, 2007.
S.B. ACCEPT 2006 FIREFIGHTER STAFFING FEDERAL GRANT (SAFER):
ACTION: Tabled to February 7, 2007.
5.C. LETTER OF EXCLUSIVE INTENT TO NEGOTIATE WITH EVENT
MANAGEMENT GROUP (EMG) FOR THE PRODUCTION AND
STAGING OF THE PALM SPRINGS GRAN PRIX IN SEPTEMBER 2008,
AN INDY RACING LEAGUE (IRL) EVENT:
ACTION: Tabled to February 7, 2007.
City Council Minutes
January 17, 2007
Page 11
5.D. PRIORITIZE FUTURE AGENDA/STUDY SESSION TOPICS (DOCKET
REVIEW):
ACTION: Tabled to February 7, 2007.
COUNCILMEMBER COMMENTS AND REPORTS: None.
ADJOURNMENT: The City Council adjourned at 8:34 P.M. to a Regular Meeting,
Wednesday, February 7, 2007, 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 7tn
DAY OF FEBRUARY, 2007.
MAYOR
ATTEST:
City Clerk