Loading...
HomeMy WebLinkAbout5/2/2007 - STAFF REPORTS - 2.B. PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, MARCH 28, 2007 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6:08 p.m. PLEDGE OF ALLEGIANCE,: The Pledge of Allegiance was led by Mayor Oden. PRESENTATIONS: None. 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, and Chief Deputy City Clerk Hart. REPORT OF CLOSED SESSION: No reportable actions were taken. ACCEPTANCE OF THE AGENDA: ACTION: The agenda was accepted as presented by a unanimous vote of the City Council. PUBLIC COMMENT: WENDIE BUSIG-KOHN, Palm Springs, spoke on The Desert Doctors and Friends for Doctors Without Borders Festive Fundraising Event to be held on April 1, 2007. MARY HUTCHINSON, spoke on the upcoming event of the American Cancer Society's Relay for Life, to be held in Palm Springs, on May 5 and 6, 2007, SID CRAIG, Palm Springs, spoke on the tentative future Citizen's Police Academy's training for the site and hearing impaired. COUNCILMEMBER COMMENTS AND REQUESTS: None. CITY MANAGER'S REPORT: Parks and Recreation Director Heider provided a summary of the "Park Bark" program at the Dog Park and the outcome of the meetings with the users of the Dog Park. Some of the issues brought forth by the users were lighting, drainage, additional shade structure, dog drinking fountain, reseeding, restrooms, etc. Councilmember Foat stated she has received complimentary calls from the users of the Dog Park regarding the meetings and the direction the City is working toward. I ITEM NO. t I City Council Minutes March 28, 2007 Page 2 Additionally, she stated she has received comments from the public regarding a park committee for raising funds for the benefit of the park, and requested consideration be given to the idea of a park steering committee. Director of Public Works & Engineering Barakian provided an update on the Federal Grant received for the drainage at Golf Club Drive. Councilmember McCulloch spoke on his guest appearance on PSPD on KPSI and the number of calls received regarding the City's streets, and thanked Director Barakian on his great work. City Manager Ready provided an update on the recent Code Enforcement activities within the City- 1. STUDY SESSION: I.A. PRESENTATION AND DISCUSSION WITH THE PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION AND VISITORS AUTHORITY REGARDING TOURISM, BENEFITS OF MEMBERSHIP, PROGRAMS, GOALS AND OBJECTIVES, INTERACTION AND COORDINATION WITH THE PALM SPRINGS BUREAU OF TOURISM, THE PALM SPRINGS CONVENTION CENTER, AND THE PALM SPRINGS INTERNATIONAL AIRPORT: Jeff Beckelman, President, Palm Springs Desert Resort Communities Convention and Visitors Authority (CVA) provided a presentation summarizing the CVA's activities and introduced some key staff members. Robert Enriquez, Senior Vice President of Sales and Marketing, provided the sales objectives of the CVA, a summary of the activities of the sales force, and tools used to market Palms Springs and the neighboring cities. Councilmember Foat asked how the CVA handles leads received and recommendations given to the prospects. President Beckelman commented on the goal of the room nights booked and reached, and the increased focus in the WDC and Chicago areas. Woody Peak, Vice President of Tourism Sales and Marketing, provided a' summary of the marketing activities, i.e. new videos, internet promotions, working in partnership with state and federal programs, various airlines, adding additional target markets, give-aways, newspaper advertising, the process of improving the CVA website, and preparing new meeting and 0 � City Council Minutes March 28, 2007 Page 3 planning guides. Contracted with a research company to profile the visitors to the area, stating the information provided will include the reasons why the visitors chose to come here, and how much money was spent during their visit, etc. This information will enable the CVA to provide additional focus to certain markets. Some of the marketing activities include launching a travel program, partnering with AAA and Westway, targeting the international and motor coach markets, partnerships with international tour operators and local venues and events i.e. the Palm Springs Follies and CopyKatz. Senior Vice President of Sales and Marketing Enriquez provided an overview on the communications, generating low or no cast media coverage, press relations, and media missions. President Beckelman spoke on the television coverage in the Los Angeles and Orange County areas, adding it has been viewed by over 700,000 since January 2007, and the viewing time has been 20 or more minutes. Mayor Pro Tem Pougnet requested additional information on the CVA's income and expenditures and the Spot Market Program. He added that the hoteliers are happy with the direction the CVA is heading. Councilmember Foat requested information on the CVA's plans for representation of the small hotels. Councilmember McCulloch would like information on the City's investment and the return to the City i.e. the TOT and sales tax monies received by the City due to the CVA's marketing strategy. He also voiced his concern on the low attendance by the industry at this meeting. Councilmember Mills stated the industry is pleased with the work of the CVA, therefore, attendance at this meeting is low, adding that if the industry was not happy with the activities or lack of activities of the CVA the attendance at this meeting would be high. Mayor Oden requested a chart or visual aid showing the total number of hotels within the Coachella Valley and the CVA's membership, definition of the small hotel collection, asked how CVA views the role of the Palm Springs International Airport in its programs, the handling of the taxicabs in the Coachella Valley, and stated he views the taxicabs as the front line ambassabors of Palm Springs and the surrounding cities, recommended a taxicab course, and complimented the CVA for the great job they are doing. By consensus of the City Council, bi-annual updates of.CVA activities and programs will be presented to the City Council. City Council Minutes March 28, 2007 Page 4 COUNCILMEMBER COMMENTS AND REPORTS: Councilmember Foat requested that a resolution supporting the California Green Builder Program be placed on the April 4, 2007, City Council agenda for consideration. She commented on the numerous calls received regarding recreational vehicles (RVs) and requested RVs be discussed at a future Study Session meeting. Mayor Pro Tern Pougnet stated the consultants have been working on the facility master plan for the wastewater treatment plant, therefore, he requested a report on the analysis of the current sewer rate structure compared to the future projected capital cost of maintaining and expanding the wastewater treatment plant; recognized City Manager Ready and the Police Officers for the handling of a recent party house situation; and requested Channel 17 be updated and rejuvenated. Mayor Oden spoke of the recent activities of the Mayor's office since the last meeting. ADJOURNMENT: At 8:10 p.m. the City Council adjourned to a Regular Meeting, Wednesday, April 4, 2007, 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 2nd DAY OF MAY, 2007. MAYOR ATTEST: City Clerk PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, APRIL 4, 2007 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6:14 P.M. PLEDGE OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge. INVOCATION: Rev. Michael Kearney, Palm Springs Church of Religious Science, 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. REPORT OF CLOSED SESSION: City Attorney Holland stated that at 4:30 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. PRESENTATIONS: Mayor Oden and the City Council presented a Certificate of Appreciation to Barbara Gonzales Lyons, retired Tribal Councilmember of the Agua Caliente Band of Cahuilla Indians, for her service to the Community. David Erwin, Bob Hope Chrysler Classic, thanked the City Council for their sponsorship of the event and presented checks to the community organizations from the event. Mayor Oden and the City Council presented a Certificate of Recognition and congratulated Jordan Kessler for his award for Where the Palm Trees Grow. Dr. Gerald Lim, Piranha Swim Club, presented the City Council and the Parks and Recreation Department an Appreciation Award, for their continuing support of the Piranha Swim Club. ACCEPTANCE OF THE AGENDA: City Manager Ready stated the City received a request from the property owner, to postpone Public Hearing Item 1.A. Councilmember McCulloch noted his business related abstention on Item 2.C., Warrant No_ 1019821. ��C,75 I I i I City Council Minutes April 4, 2007 Page 2 Councilmember Foat requested Item 21 be removed from the Consent Calendar for separate discussion. I I Mayor Oden requested Items 2.1-1. and 2.1. be removed from the Consent Calendar for I separate discussion. I I ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded by Mayor Pro Tern Pougnet and unanimously carried on a roll call vote. 1. PUBLIC HEARINGS: i 1.A. HSPB CASE NO. 54 - APPLICATION FOR DESIGNATION OF THE PROPERTY AT 300 SOUTH PALM CANYON DRIVE (FORMER SANTA FE FEDERAL SAVINGS AND LOAN) AS A CLASS 1 HISTORIC SITE: Discussion was held regarding conducting the public hearing at this time, consideration of the request from the property owner, and the merits of continuing the public hearing to a later date. ACTION: After consideration of the request of the owner, conduct the public hearing at this time. Motion Councilmember Foat, seconded by Mayor Pro Tom Pougnet and failed 2-3 on a roll call vote. AYES: Councilmember Foat and Mayor Pro Tern Pougnet. NOES: Councilmember McCulloch, Councilmember Mills, and Mayor Oden. ACTION: 1) Continue the public hearing with respect to the historic designation until such time as the application for Planned Development District is brought before the City Council. Motion Councilmember Mills, seconded by Mayor Oden and carried 3-2 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, and Mayor Oden. NOES: Councilmember Foat and Mayor Pro Tern Pougnet, 1.13. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2007-08 ANNUAL ACTION PLAN. CDBG BUDGET ADOPTION, ACCEPTANCE AND APPROVAL OF THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) - GRANT NO. B-07- MC-06-0561 IN THE AMOUNT OF $517,881 FOR FISCAL.YEAR 2007- 08 CDBG PROGRAM: John Raymond, Director of Community and Economic Development, and Dale Cook, Community Development Administrator, provided background information as outlined in the staff report dated April 4, 2007. I i I City Council Minutes April 4, 2007 I Page 3 I j Mayor Oden opened the public hearing, and the following speakers addressed the City Council. GARY BOSWELL, Rotary Club, requested the City Council support the Rotary Club, Shoes That Fit Program, and thanked the City Council for their support. HUNTER JOHNSON, Palm Springs, requested the City Council support improvements on Civic Drive. MARC HAUPERT, CASA, requested the City Council support the Court Appointed Special Advocates for Riverside County program. PETER DEMARTINO, Desert AIDS Project, requested the City I 1 q Y Council support the CDBG grant to the Desert AIDS Project request for energy- efficient retrofitting. DEAN LOCKWOOD, Mizell Senior Center, thanked the City Staff and the Committee, and requested the City Council support the request of the Mizell Senior Center, for the Meals on Wheels Outreach Vehicle. SHARON STEVENS, The Smile Factory, requested the City Council support the agreement with the Smile Factory, for early childhood oral healthcare. DANIEL YEBOAH, Help for Future Leaders, requested the City Council approve an agreement with Help for Future Leaders, for Transitional Housing operations. No further speakers coming forward, the public hearing was closed. Councilmember McCulloch requested a study session to review the process. Councilmember Foat commented on the process and requested the Committee address housing for families affected by HIV. Councilmember Mills stated last year the City Council requested input earlier into the process, and again they did not have. input into the process. Mayor Pro Tern Pougnet commented on the funding level, the process, and stated it would be difficult to include the City Council earlier in the process, but that the City Council could give policy direction. i City Council Minutes April 4, 2007 Page 4 Mayor Oden requested staff address CDBG funding with other cities in the Coachella Valley, commented on the CDBG guidelines that must be followed regardless of the Council interest in modifying the process, and stated after the election, the Council should have a study session with respect to the process and guidelines, then make some policy decisions. ACTION: 1) Adopt Resolution No. 21854, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE 2007-08 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN; APPROVING THE CDBG BUDGET FOR FISCAL YEAR 2007-08; AUTHORIZE THE SUBMITTAL OF THE PLAN AND BUDGET TO THE UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) A5456;" and 2) Approve the following Subrecipient Agreements subject to approval of the City Attorney and authorize the City Manager to execute all necessary documents. A5457 Family YMCA of the Desert, Energy-Efficiency Improvements $29,744. A5458 Desert AIDS Project, Energy-Efficiency Retrofitting, $115,000. A5459 Mizell Senior Center, Meals On Wheels & Outreach Hybrid Vehicle, $27,200. A5460 CASA for Riverside County, Inc., Support Program, $15,000_ A5461 Palm Springs Sunup Rotary Foundation, .Shoes That Fit, $16,482. A5462 Smile Factory Children of the Desert, Early Childhood Oral Healthcare, $19,000. A5463 Fair Housing Council of Riverside, Fair Housing Program, $15,000. City of Palm Springs Department of Public Works and Engineering, Civic Drive Street Improvements, $96,879. City of Palm Springs Department of Parks and Recreation, JOJDH Unity Center Energy-Efficiency Improvements, $95,000. Motion Councilmember McCulloch, seconded by Mayor Pro Tern Pougnet and unanimously carried on a roll call vote. I City Council Minutes April 4, 2007 I Page 5 The City Council recessed at 7:45 PM. The City Council reconvened at 7:56 P.M. I I PUBLIC COMMENT: i WENDIE BUSIG-KOHN, Palm Springs, commented on the recent charitable event Doctors without Borders. ED TORRES, Palm Springs, stated his support for Item 2.L., the California Building Industry, Green Building Program. DAVID PORTER, Palm Springs, commented on the noise and disturbance from short term rentals, stated the Police Department does not have a dB meter to measure noise. ARLENE BATTISHILL, Palm Springs, requested the City Council postpone the policy discussion on "public benefits" within Planned Development Districts, and offered her services to help. JERI VOGELSANG, Palm Springs Historical Society, announced an upcoming event by the Palm Springs Historical Society. JIM STUART, Palm Springs, requested the City Council further review the policy in Item 3.A., requiring public benefits for Planned Development Districts. JONO HILDNER, Palm Springs, stated the City issued a grading permit for the Shadowrock Project. FRED BELL, BIA Desert Chapter, stated his support for Item 21., the California Building Industry, Green Building Program, and requested the City Council consider a density bonus if a developer participates in the program. WESLEY COLE, Palm Springs, stated his support for Item 2.11., the California Building Industry, Green Building Program, and Item 2.D., the creation of the Resource Conservation Commission. SHEILA COBRIN, stated her support for Item 2.L., the California Building Industry, Green Building Program. JIM DOWLER, announced the upcoming annual Best of the Best Awards at the Palm Springs Convention Center. THOMAS HALL, stated his support for Item 2.L., the California Building Industry, Green Building Program, NANCY STUART, provided an update on the Palm Springs Aerial Tramway, and the activities of the Tram Board. 4 qr�q I City Council Minutes I April 4, 2007 Page 6 COUNCILMEMBER COMMENTS AND REQUESTS: Mayor Oden requested a report on Noise caused from short-term rental properties. CITY MANAGER'S REPORT: City Manager Ready requested the Police Chief address the noise from short-term rentals. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F_, 2.G., 2.J., and 2.K. Motion Councilmember Foat, seconded by Mayor Pro Tom Pougnet and unanimously carried on a roll call vote. 2.A. REPORT ON POSTING OF THE AGENDA: ACTION: Receive and file the Report on the Posting of the April 4, 2007, City Council Agenda. Approved as part of the Consent Calendar. 2.13. APPROVAL OF MINUTES: ACTION: Approve the City Council Minutes of March 14, 2007, and March 21, 2007. Approved as part of the Consent Calendar. 2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 21855, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANT NUMBERED 1019724 IN THE AMOUNT OF $237,963.38 DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution No. 21856, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 3-10-07 BY WARRANTS NUMBERED 411625 THROUGH 411678 TOTALING $77,218.71, LIABILITY CHECKS NUMBERED 1019725 THROUGH 1019758 TOTALING $139,462.37, THREE WIRE TRANSFERS FOR $58,806.67, AND THREE ELECTRONIC ACH DEBITS OF $950,400.86 IN THE AGGREGATE AMOUNT OF $1,225,888.61 DRAWN ON BANK OF AMERICA;" 3) Adopt Resolution No. 21857, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1019759 THROUGH 1019760 IN THE AGGREGATE AMOUNT OF $11,500.00 DRAWN ON BANK OF AMERICA;" 4) Adopt Resolution No. 21858, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1019761 THROUGH•1020049 IN THE AGGREGATE AMOUNT OF $2,213,835.31 DRAWN ON BANK OF AMERICA;" and 5) Adopt Resolution No. 21859, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, City Council Minutes April 4, 2007 Page 7 APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1020050 THROUGH 1020054 IN THE AGGREGATE AMOUNT OF $108,157.51 DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar, noting the business related abstention of Councilmember McCulloch on Warrant No. 1019821. 2.1). SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1711, RELATING TO THE ESTABLISHMENT OF THE RESOURCE CONSERVATION COMMISSION: ACTION: Waive further reading and adopt Ordinance No. 1711, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.28 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE ESTABLISHMENT OF THE RESOURCE CONSERVATION COMMISSION." Approved as part of the Consent Calendar. 2.E. TREASURER'S INVESTMENT REPORT AS OF FEBRUARY 28, 2007: ACTION: Receive and file the Treasurer's Investment Report as of February 28, 2007- Approved as part of the Consent Calendar. 2.F. REQUEST BY VERN WRIGHT FOR A RESOLUTION OF PUBLIC CONVENIENCE (CASE NO. 5.1149-PCN) IN ORDER TO SELL ALCOHOL AT PS WINE LOCATED AT 188 SOUTH INDIAN CANYON DRIVE: ACTION: Adopt Resolution No. 21860, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO SELL ALCOHOL AT PS WINE LOCATED AT 188 SOUTH INDIAN CANYON DRIVE, ZONE CBD, SECTION 14." Approved as part of the Consent Calendar. 2.G. AMENDMENT NO. 4 TO AGREEMENT NO. A5101 WITH PALM SPRINGS CLASSIC, LLC, PLACEMENT AND REIMBURSEMENT OF PUBLIC ART: ACTION: 1) Adopt Minute Order No. 8024, Approving Amendment No. 4 to Agreement No. A5101 with Palm Springs Classic, LLC for the aesthetic change, placement, and reimbursement of public art on the Escena Project; and 2) Authorize the City Manager to execute all necessary documents. A5101. Approved as part of the Consent Calendar. 2.J, PURCHASE OF AIRFIELD PAINT STRIPING MACHINE FOR THE AIRPORT AND APPROVE RELATED AIRPORT. BUDGET AMENDMENT FOR FISCAL.YEAR 2006-07: ACTION: 1) Adopt Minute Order No. 8027, Approving the purchase of one (1) new airfield paint striper for the Airport in the amount of $147,167.11 from MacQueen Equipment, Inc. of St. Paul, MN; 2) Adopt Resolution No. City Council Minutes April 4, 2007 Page 8 21861, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2006-07;" and 3) Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. 2.K. AWARD OF CONTRACT FOR THE PALM SPRINGS STADIUM REPAINTING, CITY PROJECT NO. 07-02: ACTION: 1) Adopt Minute Order No. 8028, Approving an agreement with Astro Painting Company, Inc., for Bid Schedule A for the Palm Springs Stadium Repainting in the amount of $73,700,00, City Project No. 07-02; and 2) Authorize the City Manager to execute all necessary documents. A5464. Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: 2.H. ACCEPTANCE OF PEACE OFFICER STANDARDS AND TRAINING (P.O.S.T.) GRANT: Gary Jeandron, Police Chief, provided background information as outlined in the staff reports for Item 2.H. and 2.1., dated April 4, 2007. ACTION: 1) Adopt Minute Order No. 8025, Authorizing the City Manager to accept a P.O.S.T. Grant in the amount of $90,000; and 2) Authorize the City Manager to execute all necessary documents. A5465. Motion Councilmember McCulloch, seconded by Councilmember Mills and unanimously carried on a roll call vote. 2.1. ACCEPTANCE OF OFFICE OF TRAFFIC AND SAFETY SEATBELT GRANT: ACTION: 1) Adopt Minute Order No. 8026, Authorizing the City Manager to accept the Seatbelt Enforcement Grant from the California Office of Traffic and Safety (OTS) in the amount of $14,728; and 2) Authorize the City Manager to execute all necessary documents. A5466. Motion Councilmember McCulloch, seconded by Councilmember Mills and unanimously carried on a roll call vote. 2.L. SUPPORT FOR THE CALIFORNIA BUILDING INDUSTRY ASSOCIATION'S CALIFORNIA GREEN BUILDER PROGRAM: Councilmember Foat commented on the importance of Green Building. Councilmember Mills stated his support of Green Building, but does not have information on the first three recitals of the resolution. ACTION. 1) Adopt Resolution No. 21862, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING SUPPORT FOR THE CALIFORNIA BUILDING INDUSTRY ASSOCIATION'S CALIFORNIA GREEN BUILDER PROGRAM (CGB)" amending the Resolution to City Council Minutes April 4, 2007 Page 9 delete the first three recitals, and add one generic recital at the discretion of staff. Motion Councilmember Foat, seconded by Mayor Pro Tom Pougnet and unanimously carried on a roll call vote. City Manager Ready requested the City Council take Item 4.A, out of order. 4. UNFINISHED BUSINESS: 4.A. FUNDING FORMULA FOR PALM SPRINGS BUREAU OF TOURISM: City Manager Ready, Michael Green, President Palm Springs Hospitality Association, Mary Jo Ginther, Palm Spring Bureau of Tourism, Ricardo Gomez, and John Williams, provided background information and a Power Point Presentation, as requested by the City Council in previous meetings regarding the Funding Formula for the Bureau of Tourism. The City Council recessed at 9:00 P.M. The City Council reconvened at 9:06 P.M. Mayor Pro Tern Pougnet requested staff address the current budget for the Bureau of Tourism, when the CPI adjustment would be effective, and stated he would prefer a maximum limit to the CPI adjustment. Councilmember McCulloch requested the Bureau address the amount of TOT generated by the $180,000 increase in funding last year. Councilmember Foat stated her support for the Bureau of Tourism's research project, and the new funding formula. Councilmember Mills requested the Bureau address the percentage of TOT from other cities, and a comparison with other similar cities. Mayor Oden stated his support for the Bureau's programs, the development of the funding formula toward the present funding goal. Councilmember Mills commented on the cost of these similar amenities and programs as compared to other small towns such as Palm Springs. ACTION: Direct staff to include the increased funding and the funding formula in the upcoming budget. By consensus of the City Council. 3. LEGISLATIVE: 3.A. ESTABLISHMENT OF A POLICY TO REQUIRE "PUBLIC BENEFITS" TO BE PROVIDED WITHIN PLANNED DEVELOPMENT DISTRICTS: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated April 4, 2007. Lrl-1_3 City Council Minutes April 4, 2007 Page 10 Councilmember Foat requested staff address the correspondence sent by the Historic Tennis Club Neighborhood, the criteria for a Developer for a PDD, and the creation of the "wish list." Councilmember McCulloch requested staff address recommendations, commented on City Council micro-management of PDD's, the difference between right-of-zone projects v. the PDD process, and recommends that "public benefit" be effectively vague. Councilmember Mills commented on the process of trying to define public benefit, stated all the items on the list are a public benefit, and stated he is not in support of narrowing the definition of public benefit. Mayor Pro Tern Pougnet commented on the current PDD process, and stated he does not agree with some overarching definition of public benefit, and he is in opposition to No. 4 in the policy. ACTION: Continue past the 10:00 P.M. tentative adjournment time. By consensus of the City Council. Mayor Oden stated the PDD is an effective tool, commented on the remaining developable land in the City, allowing creativity in the City, stated he would not be in support of limiting creativity and doing something different, and his support for the "project" itself being a public benefit. Councilmember Foat stated her disagreement with the comments made concerning neighborhood input, commented that development impacts the feel and the look of the neighborhood, and stated these guidelines were to clarify the expectations to the developers. Councilmember McCulloch requested the City Council deny the resolution and remain with the status quo. Mayor Pro Tern Pougnet commented further on the concept of public benefit in certain circumstances. Councilmember Mills commented on the impacts and the process of the developers meeting the requirements of a PDD as well as the benefits as outlined an the list. ACTION: Deny and take no action on the proposed resolution and remain with the status quo. Motion Councilmember McCulloch, seconded by Mayor Oden and carried 3-2 on a roll call vote. i i City Council Minutes April 4, 2007 I Page 11 I AYES: Councilmember McCulloch, Councilmember Mills, and Mayor Oden. NOES: Councilmember Foat, and Mayor Pro Tern Pougnet. I I 5. NEW BUSINESS: 5,A. APPOINTMENTS TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION: ACTION: Appoint Dr- Robert Gebhart and Norm King to the Palm Springs International Airport Commission, for the unexpired terms ending June 30, 2009- Motion Councilmember Mills, seconded by Mayor Oden and unanimously carried on a roll call vote. 5.13. PALM SPRINGS INTERNATIONAL AIRPORT CUSTOMER PROMOTION WAIVING CERTAIN PARKING FEES: City Manager Ready provided background information as outlined in the staff report dated April 4, 2007. Mayor Oden briefly left the dais. Councilmember Mills requested staff address the temporary nature of the program. ACTION: Adopt Resolution No. 21863, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, WAIVING CERTAIN PARKING FEES AT THE PALM SPRINGS INTERNATIONAL AIRPORT FOR THE MONTHS OF MAY AND JUNE, 2007 AS A CUSTOMER PARKING PROMOTION." Motion Councilmember Mills, seconded by Councilmember Foat and carried 4-0 on a roll call vote. AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills, and Mayor Pro Tern Pougnet. NOES: None. ABSTAIN: Mayor Oden- COUNCILMEMBER COMMENTS AND REPORTS: Mayor Pro Tem Pougnet requested staff follow-up on a previous request with respect to the conduct of cab drivers and possible training. Councilmember McCulloch commented on the Shadowrock grading-permit, requested staff look at obtaining a dB meter and training for noise enforcement, 'and commented on the increasing lack of civility at meetings in the City. Councilmember Mills commented on the Shadowrock project. City Council Minutes April 4, 2007 Page 12 Mayor Oden outlined the activities and events attended by the Mayor's Office. ADJOURNMENT: The City Council adjourned at 10:50 P.M. to a Regular Meeting, Wednesday, April 18, 2007, at 6:00 p.m. in the Council Chamber, City Hall, preceded by a Closed Session at 4:30 p.m., in the Small Conference Roam, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. APPROVED BY A MOTION OF THE. PALM SPRINGS CITY COUNCIL THIS 4th DAY OF MAY, 2007. MAYOR ATTEST: City Clerk I I i i I I I PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, APRIL 18, 2007 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6:06 P.M. PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard led the Pledge. Palm Springs Caballeros Chorus led the National Anthem. INVOCATION: Duane Cox, Retired Religious Science Minister, 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: Mayor Oden presented a Certificate of Recognition to the Palm Springs Caballeros Chorus. Mayor Oden and the City Council proclaimed the month of April, 2007, as Child Abuse Prevention Month in the City of Palm Springs. Police Chief Gary Jeandron recognized persons involved in improving lines of communication with the hearing impaired at the Citizens Police Academy. Fire Chief Blake Goetz announced the donation of animal oxygen masks from Save-A- Pet to the City of Palm Springs for use in an emergency. REPORT OF CLOSED SESSION: City Attorney Holland stated that at 6:00 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: Staff requested Item 2.H. be removed from the Agenda. Mayor Oden requested Items 2.D., 2.E., 2.F., and 2.G. be removed from the Consent Calendar for a report from staff, and requested Item 21. be removed from the Consent Calendar for separate discussion. Councilmember McCulloch noted his business related abstention on Item 2.C., Warrant No. 1020101. i City Council Minutes April 18, 2007 Page 2 Mayor Pro Tern Pougnet requested Items 2.1. and 2.K. be removed from the Consent Calendar for separate discussion. Councilmember Mills noted his business related abstention on Items 1.B. and 2.K., and requested Item 2.0. be removed from the Consent Calendar for separate discussion. ACTION: Accept the Agenda as amended. Motion Mayor Pro Tern Pougnet, seconded by Councilmember McCulloch and unanimously carried on a roll call vote. 1. PUBLIC HEARINGS: 1,A, ZONING TEXT AMENDMENT TO MODIFY SECTION 94,06.01 (A)(5) TO ALLOW GREATER FRONT AND SIDE YARD SETBACKS THROUGH THE ADMINISTRATIVE MINOR MODIFICATION PROCESS, CASE NO, 5.1151 ZTA, AN APPLICATION BY THE CITY OF PALM SPRINGS: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated April 18, 2007. Councilmember Foat requested that pages be numbered and stated the report had a page missing from the Planning Commission Staff Report. Councilmember McCulloch requested staff address the distinction of setbacks on major thoroughfares. Mayor Pro Tem Pougnet requested staff address the setbacks for potential widening of streets. Mayor Oden opened the public hearing, and no speakers coming forward the public hearing was closed. ACTION: 1) Waive the reading of the ordinance text in its entirety and read by title only; and 2) Introduce on first reading Ordinance No. 1712, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PARAGRAPH 5 OF SUBSECTION A OF SECTION 94.06.01 OF THE PALM SPRINGS ZONING CODE TO ALLOW FRONT AND SIDE YARD SETBACKS ON MAJOR AND SECONDARY THOROUGHFARES TO BE REDUCED UP TO THE SAME AMOUNT AS FRONT AND SIDE YARD SETBACKS ON LOCAL/COLLECTOR STREETS THROUGH THE ADMINISTRATIVE MINOR MODIFICATION PROCESS" noting minor administrative amendments. Motion Councilmember Foat, seconded by Mayor Pro Tern Pougnet and unanimously carried on a roll call vote. Councilmember Mills stated he has a business related conflict of interest with respect to Item 1.8., would not participate in the discussion or the vote, and left Council Chamber. City Council Minutes April 18, 2007 Page 3 1.13. SUNCAL PSV, LLC - CASE NO. 5.0982 - AMENDMENT TO PLANNED DEVELOPMENT DISTRICT 290 FOR THE ESTABLISHMENT OF A SPECIAL SIGN DISTRICT (SP 06-114) AS PROVIDED BY SECTION 93.20.5C8 OF THE PALM SPRINGS ZONING CODE, TO CREATE A CONSTRUCTION SIGNAGE PROGRAM FOR THE AVALON RESIDENTIAL / GOLF COURSE PROJECT, LOCATED AT 801 SUNRISE PARKWAY: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated April 18, 2007. Councilmember McCulloch requested staff address the placement of the monument sign and the welcome sign, and the sizes of the proposed signs. Mayor Pro Tem Pougnet requested staff address what would have been allowed without the special sign district, and if the process requires an amendment to the PDD to establish the sign program. Councilmember Foat commented on the process of amending the PDD, and requested staff address the placement of the flags and banners. Mayor Oden opened the public hearing, and the following speakers addressed the City Council. STACY STRUSS, representing the sign company, provided background information on the proposal. No further speakers coming forward, the public hearing was closed. Mayor Pro Tern Pougnet requested the City Attorney address the process of amending a PDD for a sign district, and commented on the number and size of some of the signs. Councilmember Foat commented on the number of fencing signs and indicated she would favor a scaled-down version of the proposal. Councilmember McCulloch addressed the process of amending the PDD, and stated his support for the internal signage, but some of the signs need to be scaled down. Mayor Oden requested staff address the current fenced .portion of the project, commented on the area and need for development and promotion of the area, requested the Applicant scale down the verbiage, requested additional graphics, requested staff address the maintenance program of the signage, and commented on the 90-day requirement. City Council Minutes April 18, 2007 Page 4 Councilmember Pougnet requested staff recap the direction by the City Council. I I ACTION: 1) Continue the public hearing; and 2) Direct the City Clerk to re- notice the hearing. Motion Councilmember McCulloch, seconded by i Mayor Pro Tern Pougnet and unanimously carried 4-0 on a roll call i vote. AYES: Councilmember Foat, Councilmember McCulloch, Mayor Pro Tem Pougnet, and Mayor Oden, NOES: None. ABSENT: Councilmember Mills. I Councilmember Mills returned to the dais. I.C. APPLICATION BY JOHN WESSMAN FOR THE EDGE AT BELARDO, A PLANNED DEVELOPMENT DISTRICT AND TENTATIVE, TRACT MAP 34580 TO SUBDIVIDE AN APPROXIMATE 6.9-ACRE PARCEL INTO 66 LOTS, FIVE LETTERED LOTS, DEVELOPMENT OF A PROPOSED 66- UNIT CLUSTERED TOWN HOME COMPLEX, AND A RECREATION BUILDING LOCATED ALONG THE WEST SIDE OF BELARDO ROAD SOUTH: Edward Robertson, Principal Planner, provided background information as outlined in the staff report dated April 18, 2007. Councilmember Foat requested staff address the height of the last building at grade, if fill is being used, the deletion of Condition No. 3 by the Planning Commission, the side yard setbacks and distance between buildings, and the percentage of open space. Councilmember Mills requested to see the colored site plan showing height, and requested staff address the third floor option and which units may include the option. Mayor Oden opened the public hearing, and the following speakers addressed the City Council. JOHN WESSMAN, Palm Springs, provided a history of the property and the surrounding apartment building, the opening of view corridors, stated the plan calls for half of the density allowed on the site, commented on the setback, the creation of the parking and the heavily .landscaped entry courtyards, and commented on the Planning Commission restriction on n height on some of the units. i I i City Council Minutes April 18, 2007 Page 5 Mayor Pro Tern Pougnet requested staff address the number of three- story elements, if staff has the site plan with the pre-selected sites, and questioned if the number of sites was 19 or 27. I ARLENE BATTISHILL, Palm Springs, stated the project was beautiful, and commented on the peak year sales in the City, and the number of residential units approved and under development. I No further speakers coming forward, the public hearing was closed. Councilmember Mills requested staff address the guest parking facilities, red curbing and street parking, the downsizing of the street at the bridge, the location of the mechanical equipment for the units, and requested the Applicant address the street setback at the entrance. Councilmember McCulloch stated the project has character, the City needs to develop high-end housing, and stated his support for the project. Councilmember Foat requested staff address guest parking facilities and street parking, and the access of emergency services in the cul-de-sacs, and stated her support of the proposed plan. Mayor Pro Tern Pougnet clarified the request for no more than 27 units with the third story option and no third story units next to each other, and commented on the quality of life with respect to capital improvements and the proposed development. Mayor Oden commented on the diversity of the housing stock, and stated his support for the project. Councilmember Mills commented on the state of development in the City, and commented on the setback near the street. Mayor Oden commented on the status of development in the City. ACTION: Adopt Resolution No. 21864, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING CASE NO. 5.1108, TENTATIVE TRACT MAP 34580, AND PLANNED DEVELOPMENT DISTRICT 326, FOR THE DEVELOPMENT OF 66 TOWN HOME UNITS AND COMMON AREAS, ON AN APPROXIMATE .9-ACRE PARCEL, LOCATED ALONG THE WEST SIDE OF BELARDO ROAD SOUTH, ZONE R-3, SECTION 22." Motion Councilmember Foat, seconded by Councilmember McCulloch and unanimously carried on a roll call vote. I City Council Minutes April 18, 2007 I Page 6 I I I The City Council recessed at 8:01 P.M. I The City Council reconvened at 8:16 P.M. I I.D. AN APPLICATION BY THE LOFTIN FIRM FOR TENTATIVE TRACT MAP 34627 TO CONVERT AN APPROXIMATE 25.9 ACRE TRACT OF 184 EXISTING MOBILEHOME RENTAL UNITS TO A RESIDENT- OWNED CONDOMINIUM MOBILEHOME PARK LOCATED AT 6300 BOLERO ROAD; ACTION: Continue the public hearing, and direct the City Clerk to re- notice the Public Hearing Notice. Motion Councilmember Foat, seconded by Mayor Pro Tom Pougnet and unanimously carried on a roll call vote. 1.E. RIGHT-OF-WAY VACATION OF A PORTION OF EAST PALM CANYON DRIVE AND BARONA ROAD ADJACENT TO THE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF EAST PALM CANYON DRIVE AND BARONA ROAD, IN SECTION 25, TOWNSHIP 4 SOUTH, RANGE 5 EAST; FILE R-06-36: David Barakian, City Engineer, provided background information as outlined in the staff report dated April 18, 2007. Mayor Oden opened the public hearing, and no speakers coming forward the public hearing was closed. ACTION: Adopt Resolution No. 21865, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, VACATING AND ABANDONING ALL OF ITS RIGHT, TITLE, AND INTEREST IN A PORTION OF PUBLIC RIGHT-OF-WAY DEDICATED FOR EAST PALM CANYON DRIVE AND BARONA ROAD ADJACENT TO THE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF EAST PALM CANYON DRIVE AND BARONA ROAD, IN SECTION 25, TOWNSHIP 4 SOUTH, RANGE 5 EAST; FILE R-06-036." Motion Councilmember Mills, seconded by Mayor Pro Tom Pougnet and unanimously carried on a roll call vote. PUBLIC COMMENT: STEFANIE FRITH, Desert Sun, provided an update on activities at the Desert Sun and the publications, and stated they are looking for citizen journalists. WENDIE BUSIG-KOHN, Palm Springs, commented on decorum dt City Council meetings. COUNCILMEMBER COMMENTS AND REQUESTS: Mayor Oden requested the Desert Sun publications be considered at a Study Session. I City Council Minutes April 18, 2007 Page 7 i CITY MANAGER'S REPORT; City Manager Ready commented on the new 20-minute parking at City Hall, I THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY CONVENED AT 8:29 P.M. AS A JOINT MEETING WITH THE CITY COUNCIL. RA1. AMENDMENT NO, 2 TO A RESTATED AND AMENDED DISPOSITION AND DEVELOPMENT AGREEMENT, PROMISSORY NOTE, AND DEED OF TRUST WITH ASSIGNMENT OF RENTS WITH HACIENDA SUNSET AFFORDABLE MOUSING: John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated April 18, 2007. Councilmember Mills requested staff address the City/RDA funding of this portion of the project. Mayor Oden opened the public hearing, and no speakers coming forward the public hearing was closed. Councilmember Foat requested staff address the funding and completion of the park. Councilmember Mills requested staff address the timing of reporting the shortfalls, and what would happen if the City declines to fund the additional overage. JOHN AGUILERA, Coachella Valley Housing Coalition, commented on the additional costs and the request for additional funding. Mayor Oden commented on the amount of this request compared to the benefits provided by the Coalition with affordable housing, and stated the City is better served. Councilmember Mills commented on the project and the benefit to the City, and reiterated the financial commitment of the City. ACTION: 1) Adopt Resolution No. 21866, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONCURRING WITH THE COMMUNITY REDEVELOPMENT AGENCY'S APPROVAL OF AMENDMENT NO. 2 TO A RESTATED AND AMENDED DISPOSITION AGREEMENT, PROMISSORY NOTE, AND DEED OF TRUST WITH ASSIGNMENT OF RENTS WITH HACIENDA SUNSET AFFORDABLE HOUSING ASSOCIATES, LP TO APPROVE ADDITIONAL FUNDING IN THE AMOUNT OF $236,281." Motion Mayor Pro Tom Pougnet, seconded by Councilmember McCulloch and unanimously carried on a roll call vote. City Council Minutes April 18, 2007 Page 8 THE CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY ADJOURNED AT 8:54 P.M. AND THE CITY COUNCIL CONTINUED. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.B., 2.C., 2.J., 2.M., and 2.N. Motion Councilmember McCulloch, seconded by Mayor Pro Tern Pougnet 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 April 18, 2007, City Council Agenda. Approved as part of the Consent Calendar. 2.13. STAFF AUTHORIZED AGREEMENTS FOR MARCH 2O07: ACTION: Receive and file Staff Authorized Agreements covering the period March 1 through March 31 , 2007. Approved as part of the Consent Calendar. 2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 21867, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 3-24-07 BY WARRANTS NUMBERED 411679 THROUGH 411732 TOTALING $90,871.06, LIABILITY CHECKS NUMBERED 1020055 THROUGH 1020060 TOTALING $2,131.74, AND THREE ELECTRONIC ACH DEBITS OF $1,154,292.27 IN THE AGGREGATE AMOUNT OF $1,247,295.07 DRAWN ON BANK OF AMERICA;" and 2) Adopt Resolution No. 21868, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1020061 THROUGH 1020255 IN THE AGGREGATE AMOUNT OF $2,701,228.82 DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar. noting the business related abstention of Councilmember McCulloch on Warrant No. 1020101. 2.J. REQUEST BY EDITH ARMSTRONG MCCORKLE TOOR FOR A ONE- YEAR TIME EXTENSION FOR TENTATIVE TRACT MAP 28668 LOCATED WEST OF ROSE AVENUE AND CORONADO AVENUE: ACTION: 1) Adopt Resolution No. 21873, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION FROM MARCH 16, 2007, TO MARCH 15, 2008, FOR TENTATIVE TRACT MAP 28668 LOCATED . WEST OF ROSE AVENUE AND CORONADO AVENUE, ZONE R-1-A, SECTION 10." Approved as part of the Consent Calendar. r)�Lj City Council Minutes April 18, 2007 Page 9 2.M. AMENDMENT NO. 6 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2006-07 - AIRPORT EXECUTIVE MANAGEMENT: ACTION: Adopt Resolution No. 21875, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 6 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2006-07, ADOPTED BY RESOLUTION NO. 21612." Approved as part of the Consent Calendar. 2.N. APPROVE AN AGREEMENT WITH MARINA LANDSCAPE FOR THE CONCRETE FLAT-WORK AND SAFETY LIGHT FOR THE AIRPORT HOLDROOM PROJECT: ACTION: 1) Adopt Minute Order No. 8030, Approving Change Order No. 1 with Marina Landscape, in the amount of $396,500., for the concrete flat-work and safety lighting related to the Airport Hold-room Project; and 2) Authorize the City Manager to execute all necessary documents. A5433. Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: 2.13. PROGRAM SUPPLEMENT AGREEMENT NO. 021-N, WITH THE STATE OF CALIFORNIA FOR USE OF HIGHWAY BRIDGE PROGRAM (HBP) FEDERAL- AID FUNDS FOR THE BOGERT TRAIL BRIDGE REHABILITATION, CITY PROJECT NO, 07-03, FEDERAL-AID PROJECT NO. BHLO-5282(026): David Barakian, City Engineer, provided background information as outlined in the staff report for Items 2.D., 2.E., 2.F., and 2.G., dated April 18, 2007. ACTION: 1) Adopt Resolution No. 21869, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 021-N TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08- 5282R WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF 5740,750 ($655,786 HBP FEDERAL FUNDS / $84,964 MEASURE A FUNDS), FOR THE BOGERT TRAIL BRIDGE REHABILITATION, CITY PROJECT NO. 07-03, FEDERAL-AID PROJECT NO. BHLO-5282(026), AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF PALM SPRINGS;" and 2) Authorize the City Manager to execute all necessary documents. A5467. Motion Mayor Pro Tom Pougnet, seconded by Councilmember Foat and unanimously carried on a roll call vote. 2.E. PROGRAM SUPPLEMENT AGREEMENT NO. 022-N, WITH THE STATE OF CALIFORNIA FOR USE OF EMERGENCY RELIEF (ER) FEDERAL-AID FUNDS FOR EMERGENCY ROAD OPENING ON VISTA CHINO AT THE WHITEWATER RIVER, FEDERAL-AID PROJECT NO. ER-4211(011): City Council Minutes April 18, 2007 Page 10 ACTION: 1) Adopt Resolution No. 21870, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 022-N TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08- 5282R WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $17,614 IN EMERGENCY RELIEF (ER) FUNDS, FOR EMERGENCY ROAD OPENING ON VISTA CHINO AT THE WHITEWATER RIVER, FEDERAL-AID PROJECT NO. ER-4211(011), AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF PALM SPRINGS;" and 2) Authorize the City Manager to execute all necessary documents. A5468. Motion Mayor Pro Tom Pougnet, seconded by Councilmember Foat and unanimously carried on a roll call vote. 2.F. PROGRAM SUPPLEMENT AGREEMENT NO. 023-N, WITH THE STATE OF CALIFORNIA FOR USE OF EMERGENCY RELIEF (ER) FEDERAL-AID FUNDS FOR THE GOLF CLUB DRIVE CULVERT REHABILITATION, CITY PROJECT NO. 05-18, FEDERAL-AID PROJECT NO. ER-4211(004): ACTION: 1) Adopt Resolution No. 21871, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 023-N TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08- 5282R WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF 5414,675 ($367,283 ER FEDERAL FUNDS / $47,392 GAS TAX FUNDS), FOR THE GOLF CLUB DRIVE CULVERT REHABILITATION, CITY PROJECT NO. 05-18, FEDERAL-AID PROJECT NO. ER-4211(004) AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF PALM SPRINGS;" and 2) Authorize the City Manager to execute all necessary documents. A5469. Motion Mayor Pro Tom Pougnet, seconded by Councilmember Foat and unanimously carried on a roll call vote. 2.G. PROGRAM SUPPLEMENT AGREEMENT NO. 024-N WITH THE STATE OF CALIFORNIA FOR USE OF EMERGENCY RELIEF (ER) FEDERAL-AID FUNDS FOR EMERGENCY ROAD OPENING ON GENE AUTRY TRAIL AT THE WHITEWATER RIVER, FEDERAL-AID PROJECT NO. ER-4211(003): ACTION: 1) Adopt Resolution No. 21872, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 024-N TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08- 5282R WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $18,000 IN EMERGENCY RELIEF (ER) FUNDS, FOR EMERGENCY ROAD OPENING ON GENE AUTRY TRAIL AT THE WHITEWATER RIVER, FEDERAL-AID PROJECT NO. ER-4211(003), AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF PALM SPRINGS;" and 2) Authorize the City Manager to execute all necessary documents. A5470. Motion Mayor Pro Tom Pougnet, seconded by Councilmember Foat and unanimously carried on a roll call vote. City Council Minutes April 18, 2007 Page 11 I 2.H. SUPPORT OF ASSEMBLY BILL 451 (AB451) THE ESTABLISHMENT OF THE MOUNT SAN JACINTO STATE PARK - GLOBAL POSITIONING SYSTEM PILOT PROGRAM: ACTION: Removed from the Agenda at the request of staff, under Acceptance of the Agenda. 2.1. APPROVE A ROTATIONAL TOW AGREEMENT WITH BROTHERS TOWING AND ADDING BROTHERS TOWING TO THE LIST OF ROTATIONAL TOW CONTRACTORS: Mayor Pro Tom Pougnet requesled staff address the length of term of the agreement, based on the past performance of the vendor, ACTION: 1) Adopt Minute Order No. 8029, Approving a rotational tow agreement with Brothers Towing and adding Brothers Towing to the list of rotational tow contractors; and 2) Authorize the City Manager to execute all necessary documents. A5471. Motion Mayor Pro Tom Pougnet, 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 2.K., would not participate in the discussion or the vote, and left Council Chamber. 2.K. REQUEST BY SUNCAL FOR A ONE-YEAR TIME EXTENSION FOR THE AVALON TENTATIVE TRACT MAP 31848 LOCATED NORTH OF AVENIDA CABALLEROS AND SAN RAFAEL, 801 SUNRISE PARKWAY: Mayor Pro Tern Pougnet commented that he did vote in favor of the development, but supports the reasoning for the extension. Councilmember Foat requested staff address the problem of blowing sand, commented that the Applicant has not responded to the community issues, and requested staff not relax the monitoring of this site. Mayor Oden requested staff address if the developer is issuing water trucks or if the area now has sprinklers or is treated. Councilmember McCulloch requested staff address the dust problem if the extension is not granted. ACTION: 1) Adopt Resolution No. 21874, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION FROM MAY 5, 2007, TO MAY 4, 2008, FOR TENTATIVE TRACT MAP 31848 LOCATED NORTH OF AVENIDA CABALLEROS AND SAN RAFAEL DRIVE (801 SUNRISE PARKWAY), ZONE PD-290, SECTION 35." Motion Mayor Pro Tom Pougnet, seconded by Councilmember McCulloch and carried 3-1 on a roll call vote. hf_� f�7 I City Council Minutes April 18, 2007 Page 12 AYES: Councilmember McCulloch, Mayor Pro Tern Pougnet, Mayor Oden. NOES: Councilmember Foat. ABSENT: Councilmember Mills. Councilmember Mills returned to the dais. 2.11- BURNETT COMPANIES / PRIME URBAN - REQUEST FOR COUNCIL RECONSIDERATION OF ITS PRIOR DIRECTION REGARDING CASE NO. 5.1113 GENERAL PLAN AMENDMENT, TO VACATE A PAPER STREET, PLANNED DEVELOPMENT DISTRICT 329, AND TENTATIVE TRACT MAP 34829, FOR THE DEVELOPMENT OF 174 CONDOMINIUM UNITS AND APPROXIMATELY 32,300 SQUARE FEET OF COMMERCIAL / RETAIL SPACE ON 15.12 ACRES, LOCATED ON THE SOUTH SIDE OF RACQUET CLUB ROAD BETWEEN NORTH PALM CANYON DRIVE AND NORTH INDIAN CANYON DRIVE: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated April 18, 2007. Councilmember McCulloch stated his support for the request, as the project has already been discussed at the Commission level. Mayor Pro Tem Pougnet stated the request is reasonable. Councilmember Mills requested staff address the previous direction by Council, and stated his support for the Council reviewing the site plan, but not all aspects of the elevations. Councilmember McCulloch commented on previous aspects of the project. Mayor Oden commented on the discussion at the Planning Commission and Architectural Review. Councilmember Foat stated she thought the Council was looking at it as a preliminary plan and the Council gave direction, requested staff address Mesquite Village. Councilmember Mills stated his concerns with the Council further discussing the elevations. Councilmember McCulloch requested staff address the status of the Mesquite Village project. Councilmember Mills requested staff address the expectation when the project returns, and if the City Council is expected to do architectural review or at final approval of the PDD. City Council Minutes April 18, 2007 Page 13 ACTION: Direct staff to prepare the application for review by the City Council (instead of the Planning Commission) upon re-submittal of a revised development plan. Motion Councilmember McCulloch, seconded by Mayor Pro Tom Pougnet and carried 3-2 on a roll call vote. AYES: Councilmember McCulloch, Mayor Pro Tern Pougnet, Mayor Oden. NOES: Councilmember Foat, and Councilmember Mills. 2.0. EXTENSION OF RETENTION PERIOD FOR PROPERTY ACQUIRED BY THE COMMUNITY REDEVELOPMENT AGENCY USING MONIES FROM LOW AND MODERATE HOUSING FUND AND AUTHORIZE STAFF TO FINALIZE AND ISSUE A REQUEST FOR PROPOSALS FOR THE DEVELOPMENT OF THE SITE WITH MODERATE-INCOME: John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated April 18, 2007. Councilmember Mills commented on the proposed Fire Station property. ACTION: 1) Adopt Resolution No. 21876, "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 MONIES FROM LOW AND MODERATE INCOME HOUSING FUND;" and 2) Authorize the City Manager to execute all necessary documents. Motion Councilmember McCulloch, seconded by Councilmember Mills and unanimously carried on a roll call vote. 3. LEGISLATIVE: 3.A. ESTABLISHMENT OF THE VEHICLE TOWING ADMINISTRATIVE COST RECOVERY (VTACR) FEES: Gary Jeandron, Police Chief, provided background information as outlined in the staff report dated April 18, 2007. Mayor Oden reiterated that the fee will be reviewed in one year, and requested staff narrow the approximations used to calculate the fees to ensure the City is fully recouping the cost by the fee. ACTION: Adopt Resolution No. 21877, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING THE VEHICLE TOWING ADMINISTRATIVE COST RECOVERY (VTACR) FEES" amending Section 4 of the-Resolution to read, "The City Clerk is authorized to incorporate said fees and charges into the Comprehensive Fee Schedule." Motion Councilmember 70r;�ern City Council Minutes April 18, 2007 Page 14 McCulloch, seconded by Mayor Oden and unanimously carried on a roll call vote. 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: None. COUNCILMEMBER COMMENTS AND REPORTS: Mayor Oden requested staff place on a future Study Session agenda a discussion on a policy to name streets and properties, and commented on maintenance on palm trees and potential plaques with respect to leaving the "skirts. Mayor Pro Tern Pougnet requested a Study Session on the Planned Development District process. Councilmember Mills commented on the recent Code Compliance issue at 2001 E. Tahquitz Canyon, commented on decorum at City Council meetings, and announced the Sahara Wall dedication. Councilmember Foat requested a report on the zoning at Snow Creek, stated the fountain at Francis Stevens Park in not operational, requested an update from the City Attorney on mobile home park conversions, and requested a future study session on the Recreational Vehicle Ordinance. Mayor Oden commented on mobile home park conversions and requested an update. Mayor Oden announced the activities and events attended by the Mayor's office, and announced the recent passing of Palm Springs Airport Commissioner A.D. Kessler. ADJOURNMENT: The City Council adjourned in memory of Airport Commissioner A.D. Kessler, at 9:56 P.M. to a Study Session, Wednesday, April 25, 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 2nd DAY OF MAY, 2007. MAYOR ATTEST: City Clerk i i PALM SPRINGS CITY COUNCIL i MINUTES I WEDNESDAY, APRIL 25, 2007 ' CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6:14 P.M. j PLEDGE OF ALLEGIANCE: Lt. Booth led the Pledge_ 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: Gary Jeandron, Police Chief, provided an update on the enforcement in and around school zones. REPORT OF CLOSED SESSION: City Attorney Holland stated that at 4:30 P.M. the meeting was called to order and the City Council made the finding that an Item came to the attention to the City after the posting of the Agenda, and there was an immediate need to hear the Item, then added one additional Item to the Closed Session Agenda under G.C. Section 54956.9(a) Existing Litigation, Sierra Club v. the City of Palm Springs Case No. INC 061833, by a 4-0 vote with Mayor Oden absent. The City Council then recessed into Closed Session to discuss items on the Closed Session agenda. No reportable actions were taken. ACCEPTANCE OF THE AGENDA: ACTION: Accept the Agenda as presented. Motion Councilmember Foat, seconded by Mayor Oden and unanimously carried on a roll call vote. PUBLIC COMMENT: JOY MEREDITH, Palm Springs, provided an update on the activities of Main Street, and commented on the proposed modifications to the sign regulations. JESSE BANNER, Snip Snip Buzz, stated the City is overly restrictive on secondary signage and requested the City Council modify the sign ordinance. COUNCILMEMBER COMMENTS AND REQUESTS: None. CITY MANAGER'S REPORT: None. City Council Minutes May 25, 2007 Page 2 1. STUDY SESSION: 1.A. REVIEW AND DISCUSSION OF SIGNAGE AND OUTDOOR DISPLAY WITHIN THE CENTRAL BUSINESS DISTRICT ZONING CODE REGULATIONS 93.20.09.4.c (MENU BOARDS), 92.09.01.38 (OUTDOOR DISPLAY), AND 93.20.07 (PERMITTED REAL ESTATE SIGNS): City Manager Ready and Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated April 25, 2007. Mayor Pro Tern Pougnet stated the City Council unanimously voted to put this agenda item along with a discussion of the sign ordinance on the Study Session agenda. Councilmember Foat stated that one of the driving forces of the display provisions were the 40 MPH speed limit in Uptown. Councilmember McCulloch requested staff address the papering of windows, the three foot rule, the specific regulations pertaining to Snip Snip Buzz, any special distinctions or rules in specific areas such as Downtown, Uptown and other areas, the sign program, and appeal rights to the City Council. Mayor Oden stated the sign regulations used to be very restrictive and commented of specifics on the sign program. Councilmember Mills commented on the different sign requirements in the Downtown area, commented on the quality and quantity of signs in other cities prior to the enactment of sign regulations, stated the regulations need to be flexible while making fair regulations for everyone, commented on the secondary signage restrictions, and expressed enforcement concerns, requested staff address if an A-Frame would be in addition to a customer convenience sign, how to deal with right-of-way issues with A- Frame and outdoor displays, stated his support for size and number of real estate signs, and that more signs are worse. Councilmember Foat stated the speed limit was a factor in the Uptown District, requested staff address rear signage, neon signage in the window, requested staff address and review advertising on umbrellas, permitted uses in each zone, open house signage, requested staff address exceptions by a sign program, and commented on supporting the businesses downtown and giving businesses a choice of their signage, and recommended adopting some of the recommendations of Main Street. 710IT2 City Council Minutes May 25, 2007 Page 3 Mayor Pro Tern Pougnet stated that some of the businesses find the regulations overly restrictive, commented on business that is set-back further than other businesses in a building, and requested staff address the flexibility in the Downtown area, and requested staff address the specifics at Snip Snip Buzz. Councilmember McCulloch commented on the importance of the sign ordinance, and perhaps the sign ordinance is dated with respect to new technology, requested staff address if the tenants want to do a sign program without the owner of a building, and stated the City needs to be consistent with the application of the sign regulations, and stated he is not in support of A-Frame signage. Councilmember Mills stated the A-Frame signs were never permitted, stated his concern with real estate signs on multi-tenant buildings, and suggested we consider upgrading the quality of the temporary real estate signs. Councilmember McCulloch requested staff address temporary real estate signs. Mayor Oden stated that in the next 6-months 50% of the Downtown area will be under construction, stated the initial contact from the City for new small businesses is from Code Enforcement, and stated his support for businesses developing sign programs, commented on enforcement, stated there is room for growth in the sign regulations especially in the rear of buildings, and commented on menu signs and A-Frame signs. Councilmember Foat stated we have not given staff direction and suggested we give staff direction, and would like staff to look at a compromise solution with various signs. Mayor Oden expressed his appreciation to Main Street for their efforts and stated we should receive a report from Code Enforcement. City Manager Ready provided further comments on violations downtown, and the Cade Enforcement survey in the Downtown area. Discussion was held on the type of direction staff was requesting, and if j the City Council should provide specific direction or just comment and I direct staff to return with a recommendation. Councilmember Foat stated she would like to see some modifications to the current sign regulations, and she would like to see Main Street discuss this matter further based on the City Council comments. I I i City Council Minutes May 25, 2007 Page 4 i Councilmember McCulloch stated the Council has provided some comments, and perhaps the City Council should appoint a subcommittee. Mayor Pro Tern Pougnet commented on additional issues, outside of the j three recommendations outlined by Main Street. Councilmember Mills requested that comments and suggestions be more specific to further direct staff. Mayor Oden stated in the future staff should make the City Council aware of concerns. ACTION: Direct staff and Main Street to further study based on City Council discussion and return with a draft ordinance. By consensus of the City Council. The City Council recessed at 8:00 P.M. The City Council reconvened at 8:12 P.M. I.B. PRESENTATION OF THE PRELIMINARY FISCAL YEAR 2007-08 BUDGET: City Manager Ready and Troy Butzlaff, Assistant City Manager, provided background information as outlined in the Fiscal Year 2007 08 Preliminary Budget. Councilmember McCulloch requested staff address actual v. deficit, and that deficits have been projected, and actual numbers were positive. Councilmember Pougnet commented on the activity of property taxes and transient occupancy taxes. Councilmember Foat requested staff address Community Promotions, funding of the Bureau of Tourism, Gas Tax, reduced budget at the James O. Jessie Desert Highland Unity Center, the budget reduction for Animal Control, and expenditure for the Railroad Station. City Manager Ready provided information on the Fiscal Year 2007-08 City Manager Recommended Positions, Recommended Programs, and the 5- year Operating Fund Revenues. Councilmember Mills requested staff address the proposed facilities being financed with a CRA bond. Mayor Pro Tern Pougnet requested staff address the Tourism baseline funding. City Council Minutes May 25, 2007 Page 5 Councilmember Foat requested staff address COLA adjustments for contracts, and the City Council stipend. ACTION: 1) Receive and file the Preliminary Fiscal Year 2007-08 Budget pursuant to Charter Section 902; 2) Schedule further Budget Study Sessions for May 9, 2007, and May 23, 2007, (if needed); and 3) Direct staff to schedule the Public Hearing for June 6, 2007- By consensus of the City Council. 1.C. PRIORITIZE FUTURE AGENDAISTUDY SESSION TOPICS (DOCKET REVIEW): City Manager Ready provided background information as outlined in the staff report dated April 25, 2007. Mayor Oden stated the City Council met with the Tribe four times a year, and now we are only meeting semi-annually, and requested the scheduling of a Joint Meeting with the Tribe. Mayor Pro Tern Pougnet requested a study session on the Planned Development Process. Mayor Oden suggested a Policy to name streets/buildings/parks should be made a priority. Councilmember Foat commented on the General Plan Study Session, requested staff address the CDBG Grant Funding Process, and requested a Joint Meeting with the Parks and Recreation Commission. Councilmember Mills requested a Joint Meeting with the Resource Conservation Commission following their organizational meeting. Councilmember McCulloch requested staff address Downtown parking, and feedback on the temporary parking programs Downtown. No action taken. COUNCILMEMBER COMMENTS AND REPORTS: Councilmember Mills requested staff provide a report with a comparison on resident golf cost and amenities. Mayor Oden announced the Palm Springs International Airport Free Parking Program. ADJOURNMENT: The City Council adjourned at 9:14 P.M. to a Regular Meeting, Wednesday, May 2, 2007, at 6:00 p.m. in the Council Chamber, City Hall, preceded by City Council Minutes May 25, 2007 Page 6 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 2nd DAY OF MAY, 2007. MAYOR ATTEST: City Clerk 0036