HomeMy WebLinkAbout7/11/2007 - STAFF REPORTS - 2.B. PALM SPRINGS CITY COUNCIL
MINUTES
WEDNESDAY, JUNE 6, 2007
CITY COUNCIL CHAMBER
CALL TO ORDER: Mayor Oden called the meeting to order at 6:11 P.M.
PLEDGE. OF ALLEGIANCE: Boy Scout Troop 262, led the Pledge.
INVOCATION: Pastor Bill Johnson, Palm Springs Presbyterian Church, led the
Invocation.
ROLL CALL:
PRESENT: Councilmember 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:
Police Chief Gary Jeandron administered the Oath of Office to new Police Officers
Joshua Cremans, Dan Benstead, Jr. and Stefanie Campbell, and introduced the
Officers to the City Council.
Mayor Oden announced City Manager Ready"s graduation ceremony for his Ph.D.
Mayor Oden requested Blake Goetz present information with regard to the Home Fire
Safety class for the children at the James O. Jesse Unity Center.
Mayor Oden and the City Council presented a Certificate of Appreciation to Lin Juniper,
Regional Manager Public Affairs, Southern California Edison, for her support to the
community.
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 the Items as contained on the Closed Session Agenda. No reportable actions
were taken.
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson recommended the City Council take Consent Calendar Item 2.D.
out of order to be heard concurrently with Public Hearing Item 1.A,
Councilmember Mills requested Items 2.H. and 2.N. be removed from the Consent
Calendar for separate discussion.
ITEM NO.JL —
City Council Minutes
June 6, 2007
Page 2
Councilmember Foat requested Items 2.E. and 2.G. be removed from the Consent
Calendar for separate discussion.
ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded
by Mayor Pro Tom Pougnet and unanimously carried on a roll call vote.
The City Council continued as a Joint Meeting with the Community Redevelopment
Agency at 6:34 P.M.
Councilmember Mills stated he has a business related conflict of interest on Convention
Center Items with respect to Item RA1., would not participate in the discussion or the
vote, and left Council Chamber.
RA1. PROPOSED RESOLUTIONS OF THE CITY COUNCIL AND THE COMMUNITY
REDEVELOPMENT AGENCY RELATING TO PAYMENT OF ALL OR PART
OF THE COSTS OF THE INSTALLATION AND CONSTRUCTION OF
CERTAIN BUILDINGS, FACILITIES, STRUCTURES, AND OTHER
IMPROVEMENTS WITHIN MERGED REDEVELOPMENT PROJECT AREA
NO. 2, BENEFITING MERGED REDEVELOPMENT PROJECT AREA NOA:
City Manager Ready provided background information as outlined in the staff
report dated June 6, 2007.
Mayor Oden opened the public hearing, and no speakers coming forward the
public hearing was closed.
ACTION: Adopt Resolution No. 21900, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING
CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION
33445 RELATING TO PAYMENT OF ALL OR PART OF THE COSTS OF THE
INSTALLATION AND CONSTRUCTION OF CERTAIN BUILDINGS,
FACILITIES, STRUCTURES, AND OTHER IMPROVEMENTS WITHIN
MERGED REDEVELOPMENT PROJECT AREA NO. 2, BENEFITING MERGED
REDEVELOPMENT PROJECT AREA NO. 1." Motion Councilmember Foat,
seconded by Mayor Pro Tom Pougnet 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.
The City Council recessed at 6:38 P.M., and the City of Palm Springs Community
Redevelopment Agency continued.
Councilmember Mills returned to the dais.
City Council Minutes
June 6, 2007
Page 3
The City of Palm Springs Community Redevelopment Agency adjourned at 6:52 P.M,
and the City Council reconvened.
1. PUBLIC HEARINGS:
The City Council heard Item 1.A. and 2.D. concurrently.
CA, ADOPTION OF THE CITY OF PALM SPRINGS FISCAL YEAR 2007-08
BUDGET:
City Manager Ready and Craig Graves, Director of Finance, provided
background information as outlined in the staff report dated June 6, 2007.
Councilmember Foat requested a loose leaf binder with the budget for
next year, requested staff address setting a reserve for PERS funding, if a
study is included in the budget for the TREND Mini-Park, Council
Chamber lighting controls, increased insurance costs at the Wastewater
Treatment Plant, golf course land rental, and curb and gutter costs for
Camino Real.
Mayor Oden opened the public hearing, and the following speakers
addressed the City Council.
LINDA KASTNER, requested the City Council fund curb and gutter
improvement for their neighborhood.
MAX DAVILA, Palm Springs, requested the City Council fund the TREND
Park study.
JOHN BUSH, Palm Springs, requested the City Council fund the TRENO
Park study.
BOB ALEXANDER, requested funding for the Palm Springs Walk of Stars.
JANIE HUGHES, requested funding for the Palm Springs Walk of Stars-
SUSAN STAFFORD, requested funding for the Palm Springs Walk of
Stars.
No further speakers coming forward, the public hearing was closed.
Councilmember Mills requested staff address the overall budget for
special events rather than the budget for each event, the location of the
sponsorship of the Bob Hope Classic, the amount and details of the
Tennis Court and Basketball Court resurfacing, relocation of the driving
range, public restrooms for the Downtown, irrigation and lighting control
system, and curb and gutters for Camino Real.
City Council Minutes
June 6, 2007
Page 4
Councilmember McCulloch requested staff address a maximum budget
and a process for charitable and special events.
Mayor Pro Tem Pougnet commented on the cost of the curb and gutters
for Camino Real and the amount willing to be contributed by the
community, requested staff address the funding for Tourism in the final
budget, and requested the matching funds from the community on several
projects be in writing.
Mayor Oden requested staff address the funding of special events, public
access funding, Council Chamber improvements, capital improvement
audit, requested funding for the 70th anniversary of the City and the
Museum and an on-going funding source from the City to the Museum,
commented on public resfrooms in the Downtown area, requested a study
be completed on the facilities of all of the City Parks, and commented on
charitable and special events.
ACTION: Fund $25,000 for TREND Mini-Park planning study (Capital
Improvement Fund 261) and Fund $25,000 for Camino Real Curb and
Gutter Improvements (Capital Improvement Fund 133). Motion
Councilmember Foat, seconded by Mayor Oden and unanimously
carried on a roll call vote.
Councilmember Mills requested staff return with a budget amendment to
fund $25,000, for the Community Redevelopment Agency to study, initiate
a plan, possible developments to include public restrooms, and guidelines
for construction.
ACTION: Fund $65,000 City-Wide Motorola Irrigation Lighting System
(Capital Improvement Fund 261). Motion Councilmember Mills,
seconded by Mayor Pro Tem Pougnet and unanimously carried on a
roll call vote.
ACTION: Fund $50,000 for the Operational and Capital Needs
Assessment of City Facilities (Capital Improvement Projects). Motion
Mayor Oden, seconded by Mayor Pro Tem Pougnet and unanimously
carried on a roll call vote.
ACTION: Fund Opera in the Park in the amount of $3,550 (Community
Promotions Fund 112). Motion Mayor Pro Tem Pougnet, seconded by
Councilmember Mills and unanimously carried on a roll call vote.
City Council Minutes
June 6, 2007
Page 5
ACTION: Fund $70,000 for the Palm Springs Art Museum request for the
Julius Shulman Exhibit (Public Arts Fund). Motion Mayor Pro Tom
Pougnet, seconded by Mayor Oden and carried 4-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember McCulloch, Mayor Pro
Tom Pougnet, and Mayor Oden.
NOES: Councilmember Mills.
MOTION: Fund the Palm Springs Modernism Week in the amount of
$10,000 (Community Promotions Fund 112). Motion by Mayor Pro Tern
Pougnet failed for a lack of second.
ACTION: Fund the Palm Springs Modernism Week in the amount of
$20,000 (Community Promotions Fund 112). Motion Councilmember
Foat, seconded by Mayor Oden 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.
The City Council discussed the funding of the Palm Springs Walk of Stars
and the World Minority AIDS Conference at the requested levels based on
the submittal of their budgets to the staff, and directed staff to return with a
budget and pertorma.
The City Council recessed at 8:56 P.M.
The City Council reconvened at 9:06 P.M.
ACTION: Fund and approve the staffing and position modifications as
outlined on Page 1 and 11 of the Preliminary Budget. Motion
Councilmember Mills, seconded by Mayor Pro Tom Pougnet and
unanimously carried on a roll call vote.
ACTION: 1) Adopt Resolution No. 21901, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING THE FISCAL YEAR 2007-08 BUDGET," amending the
Budget as indicated by the actions above, increasing the funding for the
Bureau of Tourism in the amount of $266,000, moving special event
funding for the Senior Softball World Series to Unallocated Funds in the
amount of $35,000, increase CVAG dues $6,710, increase contract
services Street Cleaning Dept. $26,500, increase expenditures
Administrative Citations $4,000, increase revenue General Fund interest
income $33,000, increase revenue Administrative Citations $5,000,
increase vehicle leases $95,169, and decrease revenue and expenditures
Indian Gaming Special Distribution Fund $95,169; and 2) Direct the City
City Council Minutes
June 6, 2007
Page 6
Manager, Director of Finance and Treasurer to make the appropriate
modifications to the Preliminary Budget and prepare the final budget
document for Fiscal Year 2007-08. Motion Councilmember Mills,
seconded by Mayor Oden and unanimously carried on a roll call
vote.
2.D. ALLOCATED POSITIONS AND COMPENSATION PLAN FOR THE
POSITIONS IN THE CITY SERVICE FOR FISCAL YEAR 2007-08:
ACTION: Adopt Resolution No. 21907, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR
FISCAL YEAR 2007-08," amending the allocated position by the actions
outlined on page 1 and page 11 of the Preliminary Budget, Motion
Councilmember Mills, seconded by Mayor Oden and unanimously
carried on a roll call vote.
1.13. PROPOSED RESOLUTION ADOPTING MODIFICATIONS TO CERTAIN
USER FEES AND CHARGES AND ADOPTING THE COMPREHENSIVE
FEE SCHEDULE FOR FISCAL YEAR 2007-08:
ACTION: 1) Continue the Public Hearing to June 13, 2007, with no public
testimony; and 2) Direct the City Clerk to post a Notice of Continued
Public Hearing. Motion Councilmember Mills, seconded by Mayor Pro
Tern Pougnet and unanimously carried on a roll call vote.
I.C. THE PALM SPRINGS MARKET PLACE, TENTATIVE PARCEL MAP
35235, SUBDIVIDING AN APPROXIMATE 6.24 ACRE PARCEL INTO
THREE COMMERCIAL LOTS WITHIN PREVIOUSLY APPROVED
PLANNED DEVELOPMENT DISTRICT 227, FOR A SHOPPING
CENTER LOCATED AT THE SOUTHEAST CORNER OF EAST VISTA
CHINO ROAD AND NORTH SUNRISE WAY:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated June 6, 2007.
Mayor Oden opened the public hearing and the following speakers
addressed the City Council.
ED DIETRICH, Palm Springs, stated his support of the project, but
expressed some concerns with the type of business, and the ingress and
egress for delivery trucks.
PAULA AUBURN, stated her concerns due to the large trucks and
increase in noise.
TED TELFORD, Palm Springs, stated his concerns with 'but-thru" traffic in
the neighborhood, trucks and service vehicles entering into the residential
area.
2�,
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June 6, 2007
Page 7
BROCK BROUGHTON, Palm Springs, expressed his concerns with truck
traffic entering into the residential area.
No further speakers coming forward, the public hearing was closed.
Councilmember McCulloch requested staff address the access and the
difference between the map as presented by staff, and the map presented
by a member of the public.
Councilmember Mills stated the City Council is just reviewing the map, all
the other provisions have been approved.
Councilmember Foat stated she would like to see the discussion of the
Planning Commission, and commented on the length of time allowed for
these phased projects.
ACTION: Adopt Resolution No. 21902, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING TENTATIVE PARCEL MAP 35235 FOR THE SUBDIVISION
OF AN APPROXIMATE 6.24 ACRE PARCEL INTO THREE
COMMERCIAL LOTS WITHIN THE PALM SPRINGS MARKET PLACE
SHOPPING CENTER LOCATED AT THE SOUTHEAST CORNER OF
EAST VISTA CHINO ROAD AND NORTH SUNRISE WAY, ZONE P
(PROFESSIONAL) WITHIN PD 277, SECTION 12, APN 507-301-024."
Motion Councilmember Mills, seconded by Mayor Oden and
unanimously carried on a roll call vote.
PUBLIC COMMENT:
VIC GAINER, Well in the Desert, spoke in support of Item 5-A., and requested a waiver
of the fees for the Well in the Desert.
ARNOLD GALVAN, stated his concerns for Item 5.A. and the relocation of the Well in
the Desert.
DAVID BELL, Tramway Industrial Center, commented on Item S.A., relocation of the
Well in the Desert.
KRIS BENZ, Palm Springs, stated his support for Item &A., suspension of the noise
ordinance for the Family Health and Support Network with the African-American
Chamber of Commerce.
SANDRA AUSTIN, stated her support for Item 3.A., suspension of the noise ordinance
for the Family Health and Support Network with the African-American Chamber of
Commerce.
City Council Minutes
June 6, 2007
Page 8
MATHEW TAPSCOTT, Palm Springs, stated his support for Item 2.H. for traffic calming
measures for Livmor.
COUNCILMEMBER COMMENTS AND REQUESTS: None.
CITY MANAGER'S REPORT: None.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., 2.F., 2.1., 2.J., 2.K., 21., 2.M., and 2.0.
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 June 6, 2007, City
Council Agenda. Approved as part of the Consent Calendar.
2.13. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of May 16, 2007, May 23,
2007, and May 30, 2007. Approved as part of the Consent Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 21903, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 05-05-07 BY WARRANTS NUMBERED 411846 THROUGH
411901 TOTALING $85,724.74, LIABILITY CHECKS NUMBERED
1020871 THROUGH 1020901 TOTALING $142,445,27, THREE WIRE
TRANSFERS FOR $58,589.91, AND THREE ELECTRONIC ACH
DEBITS OF $1,050,142.65, IN THE AGGREGATE AMOUNT OF
$1,336,902.57 DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution
No. 21904, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS
AND DEMANDS BY WARRANTS NUMBERED 1020902 THROUGH
1021188 IN THE AGGREGATE AMOUNT OF $2,880,752.12 DRAWN ON
BANK OF AMERICA;" 3) Adopt Resolution No. 21905, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY
WARRANTS NUMBERED 1021189 THROUGH 1021190 IN THE
AGGREGATE AMOUNT OF $143,217.00 DRAWN ON BANK OF
AMERICA;" and 4) Adopt Resolution No. 21906, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 5-19-07 BY WARRANTS NUMBERED 411902 THROUGH
411951 TOTALING $74,110.84 LIABILITY CHECKS NUMBERED
1021191 THROUGH 1021220 TOTALING $140,800.54, THREE WIRE
City Council Minutes
June 6, 2007
Page 9
TRANSFERS FOR $58,389.91, AND THREE ELECTRONIC ACH
DEBITS OF $999,978.16, IN THE AGGREGATE AMOUNT OF
$1,273,279.44 DRAWN ON BANK OF AMERICA." Approved as part of
the Consent Calendar.
2.F. COOPERATIVE AGREEMENT WITH RIVERSIDE COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT (RCFC),
CATHEDRAL CITY, AND GEIGER, LLC, RELATED TO
CONSTRUCTION OF PALM SPRINGS MASTER DRAINAGE PLAN
(MDP) LINE 34A, (PARCEL MAP 31968):
ACTION: 1) Adopt Minute Order No. 8045, Approving a Cooperative
Agreement between the Riverside County Flood Control and Water
Conservation District, the City of Palm Springs, the City of Cathedral City,
and Geiger, LLC, associated with the construction, operation, and
maintenance of flood control improvements identified as Palm Springs
Master Drainage Plan (MDP) Line 34A, associated with Parcel Map
31968; and 2) Authorize the City Manager to execute all necessary
documents. A5487. Approved as part of the Consent Calendar.
2.1. AMENDMENT NO. 1 TO AGREEMENT NO. A4992 FOR TOURISM
SERVICES BETWEEN THE CITY AND SMG:
ACTION: 1) Adopt Minute Order No. 8047, Approving Amendment No. 1
to Agreement No. A4992 for Tourism Services between the City of Palm
Springs and SMG; and 2) Authorize the City Manager to execute all
necessary documents_ A4992. Approved as part of the Consent
Calendar.
2.J. PALM SPRINGS INTERNATIONAL AIRPORT HOLDROOM PROJECT
REPORT OF AUTHORIZED CHANGE ORDERS:
ACTION: 1) Receive and File the report of authorized change orders with
Harbor Construction for the Holdroom Project CP05-010 dated May 29,
2007. A5257. Approved as part of the Consent Calendar.
2.K. APPROVE A CONSULTING SERVICES AGREEMENT WITH ALLEN F.
SMOOT & ASSOCIATES, FOR FACILITY CONSTRUCTION OWNER
REPRESENTATIVE SERVICES FOR UP TO FIVE YEARS:
ACTION: 1) Select as the most qualified firm pursuant to the Notice
Inviting Statements of Qualifications (SOQ 10 07) Allen F. Smoot &
Associates as the Owner Representative for City facility construction
projects; 2) Adopt Minute Order No. 8048, Approving a Consulting
Services Agreement with Allen F. Smoot & Associates, for Facility
Construction Owner Representative Services for a period of one-year with
four additional one-year options; and 3) Authorize the City Manager to
execute all necessary documents. A5488. Approved as part of the
Consent Calendar.
City Council Minutes
June 6, 2007
Page 10
21. AWARD OF CONTRACT FOR THE PATENCIO LANE DRAINAGE
IMPROVEMENTS, CITY PROJECT NO. 06-17 (PHASE 1):
ACTION: 1) Adopt Minute Order No. 8049, Approving an agreement with
B & T Works, Inc., in the amount of $50,990.00 for the Patencio Lane
Drainage Improvements, City Project No. 06-17 (Phase 1); and 2)
Authorize the City Manager to execute all necessary documents. A5489.
Approved as part of the Consent Calendar.
2.M. APPLICATION FROM PACIFIC COMMERCIAL CONSTRUCTION
REQUESTING A ONE-YEAR TIME EXTENSION FOR TENTATIVE
TRACT MAP 32378:
ACTION: Adopt Resolution No. 21908, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A ONE-YEAR TIME EXTENSION FOR PACIFIC
COMMERCIAL CONSTRUCTION, ENDING MARCH 16, 2008, FOR
TENTATIVE TRACT MAP 32378, ZONE R3, SECTION 23." Approved as
part of the Consent Calendar.
2.0. AUTHORIZING THE CITY MANAGER TO EXECUTE AN EXECUTIVE
EMPLOYMENT AGREEMENT FOR THE EXECUTIVE DIRECTOR,
PALM SPRINGS INTERNATIONAL AIRPORT:
ACTION: Adopt Minute Order No. 8050, Authorizing the City Manger to
execute an Employment Agreement with Thomas Nolan, as Executive
Director, Palm Springs International Airport, Salary Range EX/83. A5490.
Approved as part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2.E. APPOINTMENTS TO THE PLANNING COMMISSION AND THE HISTORIC
SITE PRESERVATION BOARD AS PART OF THE 2007 ANNUAL
RECRUITMENT OF BOARDS AND COMMISSIONS:
Councilmember Foat commented on the Commission and Board process and
requested an orientation meeting.
Councilmember McCulloch commented on an orientation program for
Commission and Boards.
Mayor Oden commented on the process of nominating Commission and Board
Members and requested the City Council revisit the process.
ACTION: 1) Reappoint Leo Cohen and Toni Ringlein to the Planning
Commission for terms ending June, 30, 2010; and 2) Reappoint Sidney Williams
and Harold 'Bud" Riley and appoint Shelly Saunders and Sheila Grattan to the
Historic Site Preservation Board for terms ending June 30, 2010. Motion Mayor
City Council Minutes
June 6, 2007
Page 11
Pro Tern Pougnet, seconded by Mayor Oden and unanimously carried on a
roll call vote.
2.G. APPROVE THE PURCHASE OF 15 BEDS AND LOCKERS FROM WALL BED
SYSTEMS, INC., FOR FIRE STATION NO. 441:
Councilmember Foat commented on expanding the Fire Station to the vacant lot
next door.
ACTION: 1) Adopt Minute Order No. 8046, Approving the purchase of a 15 unit
bed and locker system from Wall Bed Systems, Inc., in the amount of
$34,048.32; and 2) Authorize the City Manager to execute all necessary
documents. Motion Councilmember Mills, seconded by Mayor Pro Tern
Pougnet and unanimously carried on a roll call vote.
2.H. REQUEST FOR TRAFFIC CALMING TO CLOSE LIVMOR AVENUE AT CIVIC
DRIVE FROM THE LIVMOR ESTATES NEIGHBORHOOD:
Councilmember Mills requested staff address the closing by the extension of the
curb, increases to traffic on the surrounding streets, and the location of the
closure.
ACTION: 1) Receive and File the traffic calming request of the Livmor Estates
Neighborhood; and 2) Forward the request to the Planning Commission to
provide recommendations regarding the proposed closure. Motion
Councilmember McCulloch, seconded by Mayor Pro Tem Pougnet and
unanimously carried on a roll call vote.
ACTION: Continue past the 10:00 P.M. tentative adjournment time. Motion
Councilmember Mills, seconded by Councilmember Foat and unanimously
carried on a roll call vote.
2.N. ANNUAL LEVY OF ASSESSMENT FOR VARIOUS CITYWIDE STREET
LIGHTING AND PARKWAY MAINTENANCE DISTRICTS FOR FISCAL YEAR
2007-08:
Councilmember Mills requested staff address the elimination of lighting in District
No. 2, and the reduction of maintenance in the landscape areas.
Councilmember McCulloch requested staff address the need for the lighting
district in some of these residential neighborhoods, and if any outreach had been
performed for a call for volunteers.
Mayor Oden commented on the previous public hearing with the voters turning
down the increased assessment.
City Council Minutes
June 6, 2007
Page 12
ACTION: 1) Adopt Resolution No. 21909 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY
APPROVING AND ADOPTING THE ENGINEER'S REPORT REGARDING
STREET LIGHTING MAINTENANCE DISTRICT NO. 1 ('BELARDO AREA');
AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED
THERETO FOR FISCAL YEAR 2007-08;" and
2) Adopt Resolution No. 21910 "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION
TO CONDUCT A PUBLIC HEARING ON STREET LIGHTING MAINTENANCE
DISTRICT NO. 1 ('BELARDO AREA'); AND TO LEVY AND COLLECT ANNUAL
ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2007-08;" and
3) Adopt Resolution No. 21911 "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING
AND ADOPTING THE ENGINEER'S REPORT REGARDING STREET
LIGHTING MAINTENANCE DISTRICT NO. 2 ('MCMANUS DRIVE'); AND THE
LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO
FOR FISCAL YEAR 2007-08;" and
4) Adopt Resolution No. 21912 "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION
TO CONDUCT A PUBLIC HEARING ON STREET LIGHTING MAINTENANCE
DISTRICT NO. 2 ('MCMANUS DRIVE'); AND TO LEVY AND COLLECT
ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2007 08;"
and
5) Adopt Resolution No. 21913 "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING
AND ADOPTING THE ENGINEER'S REPORT REGARDING STREET
LIGHTING MAINTENANCE DISTRICT NO. 3 ('CROSSLEY TRACT'); AND THE
LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO
FOR FISCAL YEAR 2007-08;" and
6) Adopt Resolution No. 21914 "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION
TO CONDUCT A PUBLIC HEARING ON STREET LIGHTING MAINTENANCE
DISTRICT NO. 3 ('CROSSLEY TRACT'); AND TO LEVY AND COLLECT
ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2007-08;"
and
7) Adopt Resolution No. 21915 "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION
TO CONDUCT A PUBLIC HEARING TO CONSIDER DISSOLUTION OF
STREET LIGHTING MAINTENANCE DISTRICT NO. 4 ('EAGLE WAY AREA');"
and
City Council Minutes
June 6, 2007
Page 13
8) Adopt Resolution No. 21916 "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING
AND ADOPTING THE ENGINEER'S REPORT REGARDING PARKWAY
MAINTENANCE DISTRICT NO. 6A ('FAIRPORT DEVELOPMENT'); AND THE
LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO
FOR FISCAL YEAR 2007-08;" and
9) Adopt Resolution No. 21917 "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION
TO CONDUCT A PUBLIC HEARING ON PARKWAY MAINTENANCE DISTRICT
NO. 6A ('FAIRPORT DEVELOPMENT'); AND TO LEVY AND COLLECT
ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2007-08;"
and
10) Adopt Resolution No. 21918 "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING
AND ADOPTING THE ENGINEER'S REPORT REGARDING PARKWAY
MAINTENANCE DISTRICT NO. 6B ('PARKSIDE ESTATES'); AND THE LEVY
AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR
FISCAL YEAR 2007-08;" and
11) Adopt Resolution No. 21919 "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION
TO CONDUCT A PUBLIC HEARING ON PARKWAY MAINTENANCE DISTRICT
NO. 6B ('PARKSIDE ESTATES'); AND TO LEVY AND COLLECT ANNUAL
ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2007-08;" and
12) Adopt Resolution No. 21920 "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING
AND ADOPTING THE ENGINEER'S REPORT REGARDING PARKWAY
MAINTENANCE DISTRICT NO. 6C ('PARK SONORA TRACT'); AND THE LEVY
AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR
FISCAL YEAR 2007.08;" and
13) Adopt Resolution No. 21921 "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION
TO CONDUCT A PUBLIC HEARING ON PARKWAY MAINTENANCE DISTRICT
NO. 6C ('PARK SONORA TRACT'); AND TO LEVY AND COLLECT ANNUAL
ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2007-08;" and
14) Adopt Resolution No. 21922 "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING
AND ADOPTING THE ENGINEER'S REPORT REGARDING PARKWAY
MAINTENANCE DISTRICT NO. 7 ('SUNRISE NORTE'); AND THE LEVY AND
City Council Minutes
June 6, 2007
Page 14
COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR
FISCAL YEAR 2007-08;" and
15) Adopt Resolution No. 21923 "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION
TO CONDUCT A PUBLIC HEARING ON PARKWAY MAINTENANCE DISTRICT
NO. 7 ('SUNRISE NORTE'); AND TO LEVY AND COLLECT ANNUAL
ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2007-08;" and
16) Adopt Resolution No. 21924 "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING
AND ADOPTING THE ENGINEER'S REPORT REGARDING PARKWAY
MAINTENANCE DISTRICT NO. 8 ('VINTAGE PALMS'); AND THE LEVY AND
COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR
FISCAL YEAR 2007-08;" and
17) Adopt Resolution No. 21925 "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION
TO CONDUCT A PUBLIC HEARING ON PARKWAY MAINTENANCE DISTRICT
N0. 8 ('VINTAGE PALMS'); AND TO LEVY AND COLLECT ANNUAL
ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2007.08;" and
18) Adopt Resolution No. 21926 "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING
AND ADOPTING THE ENGINEER'S REPORT REGARDING PARKWAY
MAINTENANCE DISTRICT NO. 9 ('FLORA VISTA'); AND THE LEVY AND
COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR
FISCAL YEAR 2007-08;" and
19) Adopt Resolution No. 21927 "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION
TO CONDUCT A PUBLIC HEARING ON PARKWAY MAINTENANCE DISTRICT
NO. 9 ('FLORA VISTA'); AND TO LEVY AND COLLECT ANNUAL
ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2007-08;" and
20) Adopt Resolution No. 21928 "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING
AND ADOPTING THE ENGINEER'S REPORT REGARDING PARKWAY
MAINTENANCE DISTRICT NO. 10, ZONE 1 AND ZONE 2, ('MOUNTAIN
GATE'); AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS
RELATED THERETO FOR FISCAL YEAR 2007-08;" and
21) Adopt Resolution No. 21929 "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION
TO CONDUCT A PUBLIC HEARING ON PARKWAY MAINTENANCE DISTRICT
NO. 10, ZONE 1 AND ZONE 2, ('MOUNTAIN GATE'); AND TO LEVY AND
City Council Minutes
June 6, 2007
Page 15
COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR
2007-08." Motion Councilmember Foat, seconded by Councilmember Mills
and unanimously carried on a roll call vote.
3. LEGISLATIVE:
3.A. TEMPORARY SUSPENSION OF THE NOISE ORDINANCE FOR
FAMILY HEALTH AND SUPPORT NETWORK, INC., IN CONJUNCTION
WITH THE AFRICAN-AMERICAN CHAMBER OF COMMERCE, FOR A
FUNDRAISING EVENT ON JUNE 16, 2007 AT THE INDIAN CANYONS
GOLF RESORT, 1097 EAST MURRAY CANYON DRIVE:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated June 6, 2007.
ACTION: Adopt Resolution No. 21930, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A TEMPORARY SUSPENSION OF THE NOISE
ORDINANCE FOR THE FAMILY HEALTH AND SUPPORT NETWORK,
INC., IN CONJUNCTION WITH THE AFRICAN-AMERICAN CHAMBER
OF COMMERCE, FOR A FUNDRAISING EVENT ON JUNE 16, 2007 AT
1097 EAST MURRAY CANYON DRIVE, ZONE R-1-C, SECTION 35'
amending Section 5 to end the suspension at 12:00 midnight. Motion
Councilmember Foat, seconded by Councilmember Mills and
unanimously carried on a roll call vote.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
5.A. REQUEST FROM "THE WELL. IN THE DESERT" TO WAIVE FEES FOR
NEW CONDITIONAL USE PERMIT APPLICATION:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated June 6, 2007.
Councilmember McCulloch requested staff address the cost and purpose
of the fee.
Mayor Pro Tern Pougnet requested staff address the timing of the waiver
of the CUP.
Councilmember Foat requested the timing of the payment of the previous
fee, and the zoning of the district.
Councilmember McCulloch requested staff address the payment of the
prior fee, and the current request by the City Council for the Well to
relocate.
City Council Minutes
June 6, 2007
Page 16
Mayor Oden commented on his previous statement to relocate the Well in
the Desert to a City or County building.
ACTION: Deny the request for waiver or a transfer of the Conditional Use
Permit Fee. Motion Councilmember Mills, seconded by Mayor Oden
and failed 2-3 on a roll call vote.
AYES: Councilmember Mills, and Mayor Oden.
NOES: Councilmember Foat, Councilmember McCulloch, and
Mayor Pro Tom Pougnet.
5.B. APPLICATION TO THE BUREAU OF LAND MANAGEMENT TO
ACQUIRE A 115 ACRE SITE LOCATED AT THE NORTHWEST
CORNER OF TRAMVIEW ROAD AND NORTH INDIAN CANYON DRIVE
FOR RECREATION FACILITIES AND THE FUTURE CAMPUS OF THE
WEST VALLEY EDUCATION CENTER OF THE, COLLEGE OF THE
DESERT:
Tom Wilson, Assistant City Manager, provided background information as
outlined in the staff report dated June 6, 2007.
ACTION: Adopt Resolution No. 21931, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
EXPRESSING ITS INTENT TO APPLY TO THE BUREAU OF LAND
MANAGEMENT TO ACQUIRE A 115 ACRE SITE LOCATED AT THE
NORTHWEST CORNER OF TRAMVIEW ROAD AND NORTH INDIAN
CANYON DRIVE FOR RECREATION FACILITIES AND THE FUTURE
CAMPUS OF THE WEST VALLEY EDUCATION CENTER OF THE
COLLEGE OF THE DESERT." Motion Councilmember Mills, seconded
by Mayor Oden and unanimously carried on a roll call vote.
5.C. APPOINTMENTS TO THE RESOURCE CONSERVATION
COMMISSION:
Mayor Pro Tern Pougnet provided background information as outlined in
the staff report dated June 6, 2007.
ACTION: Appoint seven initial members to the Resource Conservation
Commission; appoint Andrew Hirsch and Aileen Fields for the terms
ending June 30, 2008, Roger Tansey and Karen Tabbah for the terms
ending June 30, 2009, and Doug Wylie, Jeffrey Zucker, and Nancy
Bentinck for the terms ending June 30, 2010. Motion Mayor Pro Tom
Pougnet, seconded by Mayor Oden and unanimously carried on a
roll call vote.
City Council Minutes
June 6, 2007
Page 17
COUNCILMEMBER COMMENTS AND REPORTS:
City Manager Ready commented on a recent report from Sharon Lock, the City's
representative to the Coachella Valley Mosquito and Vector Control District, regarding
an increase to the assessment.
Councilmember Pougnet requested staff address the crossing at Tahquitz and Palm
Canyon.
Councilmember McCulloch commented on a golf game with Councilmember Pougnet at
the Bob Hope Chrysler Classic.
Councilmember Foat congratulated CVAG and the Tribe for the workforce housing
summit, and commented on the CVAG Homeless Committee recommendations.
Mayor Oden outlined the activities and events attended by the Mayor's Office,
requested a report on what the City is doing with respect to arts and antiques
businesses in the Uptown District and filling those vacancies with different types of
businesses, and directed staff to place on a future agenda the Palm Springs HIP Pilot
Program, and taxi cab issues in Palm Springs.
ADJOURNMENT: The City Council adjourned at 10:55 P.M. to a Joint Meeting with the
Tribal Council of the Agua Caliente Band of Cahuilla Indians, on Thursday, June 7,
2007, at 6:00 P.M., in the Canyon Conference Center, Spa Hotel and Resort, 100 North
Indian Canyon Drive, Palm Springs. The next City Council Study Session and
Adjourned Regular Meeting, will be held Wednesday, June 13, 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
11T" DAY OF JULY, 2007.
MAYOR
ATTEST:
City Clerk
PALM SPRINGS CITY COUNCIL
MINUTES
WEDNESDAY, JUNE 20, 2007
CITY COUNCIL CHAMBER
CALL TO ORDER: Mayor Oden called the meeting to order at 6:10 P.M.
PLEDGE OF ALLEGIANCE: Mayor Oden led the Pledge.
INVOCATION: Mayor Oden requested a moment of silent reflection.
ROLL CALL:
PRESENT: Councilmember Foat, Councilmember McCulloch, Councilmember
Mills, Mayor Pro Tem Pougnet, and Mayor Oden.
ABSENT: None.
ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson.
PRESENTATIONS: None.
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 agenda. No reportable actions were taken.
ACCEPTANCE OF THE AGENDA:
City Clerk Thompson stated staff has requested the City Council remove from
consideration and table Consent Calendar Item 2.D., and recommends the City Council
hear Public Hearing Items 1.C. and 1.D. concurrently.
Mayor Oden requested Items 2.E., 2.J., and 2.M. be removed from the Consent
Calendar for separate discussion.
Councilmember McCulloch noted his business related abstention on Item 2.C., Warrant
No. 1021267.
ACTION: Accept the Agenda as amended. Motion Mayor Pro Tom Pougnet,
seconded by Mayor Oden and unanimously carried on a roll call vote.
1. PUBLIC HEARINGS:
1.A. APPEAL OF THE PLANNING COMMISSION DECISION TO APPROVE
A CONDITIONAL USE PERMIT TO DEVELOP FIVE 1-MEGAWATT
WIND ENERGY CONVERSION SYSTEMS (WECS) AND ASSOCIATED
VARIANCE TO EXCEED THE 300 FOOT HEIGHT LIMIT, LOCATED
APPROXIMATELY 6,000 FEET WEST OF INDIAN AVENUE, NORTH
City Council Minutes
June 20, 2007
Page 2
OF INTERSTATE 10, SOUTH OF DILLON ROAD AND EAST OF STATE
HIGHWAY fit, CASE NO 5.1115:
ACTION: 1) Continue the Public Hearing to June 27, 2007, without
receiving testimony; and 2) Direct the City Clerk to post a Notice of
Continued Public Hearing. Motion Mayor Pro Tern Pougnet, seconded
by Councilmember Foat and unanimously carried on a roll call vote.
I.B. INTERIM URGENCY ORDINANCE EXTENDING ORDINANCE NOS.
1699 AND 1701 FOR A PERIOD OF ONE-YEAR, PROHIBITING
STREET LEVEL OFFICES IN THE HISTORIC VILLAGE CENTER IN
THE C-B-D ZONE, AND ALLOWING STREET LEVEL FINANCIAL
INSTITUTIONS IN THE HISTORIC VILLAGE CENTER IN THE C-B-D
ZONE SUBJECT TO A CONDITIONAL USE PERMIT, PENDING THE
COMPLETION OF A STUDY OF THE EFFECTS OF STREET LEVEL
OFFICE AND FINANCIAL INSTITUTION USES IN THE HISTORIC
VILLAGE CENTER OF THE CITY AND THE ADOPTION OF ANY AND
ALL AMENDMENTS TO THE CITY'S ZONING CODE AND RELATED
LAND USE REGULATIONS:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated June 20, 2007.
Councilmember Foat requested staff address the return of the same
tenants should a building be demolished.
Mayor Oden opened the public hearing, and the following speakers
addressed the City Council.
TOM JOHNSTON, Palm Springs, stated his business is in the zone, that
the City has done nothing in the last year, other businesses have opened
without permits, and stated his opposition to the further extension of the
ordinance.
MARTHA HIGGINS, requested the City Council make exceptions for the
side streets such as Tahquitz Canyon to the ordinance, and allow for
office uses at Plaza [as Flores.
No further speakers coming forward, the public hearing was closed.
Mayor Pro Tem Pougnet requested staff address the land use for offices
on the side streets.
Mayor Oden requested staff address the progress of the study,
Councilmember Mills commented on the 'office use' in the downtown area,
and stated the City Council needs to make a commitment to ensure retail
businesses downtown.
City Council Minutes
June 20, 2007
Page 3
Councilmember McCulloch requested staff address the location of Tom
Johnston's business and the occupancy at that location, commented on
the location near the Library, requested the City Council make an
exception for the lateral move of a business within a property, and remove
the side street prohibition for Tahquitz Canyon.
Mayor Pro Tern Pougnet stated he would prefer allowing a business use
on Tahquitz Canyon.
Councilmember Foat stated she is in agreement for Tahquitz Canyon, but
would not support a lateral move on Palm Canyon.
Mayor Oden commented on the retail uses in the downtown corridor, and
requested staff address a sunset provision on Tahquitz Canyon.
Councilmember Mills commented on the temporary nature of the
restrictions, and stated that Tahquitz Canyon should be the retail corridor
from the downtown to the Convention Center.
Councilmember Foat requested staff address a timeline for a study.
ACTION: 1) Waive reading of the Ordinance text and adopt by title only;
and 2) Adopt Ordinance No. 1713, "AN INTERIM URGENCY
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
EXTENDING ORDINANCE NOS. 1699 AND 1701 FOR A PERIOD OF
ONE-YEAR, PROHIBITING STREET LEVEL OFFICES IN THE
HISTORIC VILLAGE CENTER IN THE C-B-D ZONE, AND ALLOWING
STREET LEVEL FINANCIAL INSTITUTIONS IN THE HISTORIC
VILLAGE CENTER IN THE C-B-D ZONE SUBJECT TO A CONDITIONAL
USE PERMIT, PENDING THE COMPLETION OF A STUDY OF THE
EFFECTS OF STREET LEVEL OFFICE AND FINANCIAL INSTITUTION
USES IN THE HISTORIC VILLAGE CENTER OF THE CITY AND THE
ADOPTION OF ANY AND ALL AMENDMENTS TO THE CITY'S ZONING
CODE AND RELATED LAND USE REGULATIONS;" and 2) Direct staff to
return with a study and final ordinance within six months, with the last
three months for processing. Motion Councilmember Mills, seconded
by Mayor Oden and carried 4-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern
Pougnet, and Mayor Oden.
NOES: Councilmember McCulloch.
The City Council heard Public Hearing Items I.C. and 1.D. concurrently.
City Council Minutes
June 20, 2007
Page 4
I.C. ANNEX CERTAIN TERRITORY (ANNEXATION NO. 3) INTO
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY
SERVICES):
Troy Butzlaff, Assistant City Manager, provided background information as
outlined in the staff report dated June 20, 2007.
Mayor Oden opened the public hearing and the following speaker
addressed the City Council.
ARLENE BATTISHILL, Palm Springs, commented on the uses and the
misconceptions with the uses of CFD's, and recommended the City
consider re-conveyance fees.
No further speakers coming forward, the public hearing was closed.
City Clerk Thompson stated that a majority protest was not received for
the proposed Annexation No. 3 to Community Facilities District No. 2005-
01, all consent and waivers with respect to the election are on file, and the
City Council may proceed by adopting the resolutions amending the
boundaries and calling the election.
ACTION: 1) Adopt Resolution No. 21934, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
THE BOUNDARY MAP ADOPTE❑ BY RESOLUTION NO. 21897,
SHOWING THE TERRITORY PROPOSED FOR INCLUSION IN
PROPOSED ANNEXATION NO. 3 TO COMMUNITY FACILITIES
DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES); AND
SUBSTITUTING AMENDED BOUNDARY MAP FOR THE ORIGINAL
ANNEXATION NO. 3 BOUNDARY MAP IN THE RESOLUTION OF
INTENTION AND RESOLUTION NO, 21897." 2) Adopt Resolution No.
21935, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ANNEXATION OF
TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 AND
AUTHORIZING THE LEVY OF A SPECIAL TAX AND SUBMITTING THE
LEVY OF TAX TO THE QUALIFIED ELECTORS." 3) Adopt Resolution
No. 21936, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, CALLING A SPECIAL ELECTION AND
SUBMITTING TO THE VOTERS OF ANNEXATION NO. 3 OF THE CITY
OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES) PROPOSITIONS REGARDING THE
ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 3 TO
FINANCE PUBLIC SAFETY SERVICES, AND THE ESTABLISHMENT
OF AN APPROPRIATIONS LIMIT. Motion Councilmember Mills,
seconded by Mayor Pro Tern Pougnet and carried 4-1 on a roll call
vote.
City Council Minutes
June 20, 2007
Page 5
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tem
Pougnet, and Mayor Oden.
NOES: Councilmember McCulloch.
City Clerk Thompson stated that pursuant to the adopted resolutions with
respect to the election, the ballots were tabulated and the returns were
canvassed. The results of the election and a Certification of Election
Returns was executed indicating:
Annexation No. 3
Total Number of eligible votes: 12
Total Number of YES votes cast: 12
Total Number of NO votes cast: 0
Annexation No. 3 having received over 2/3rds vote the City Council may
proceed with the Annexations by adopting the resolution certifying the
results and introducing the ordinance.
Councilmember McCulloch commented on the use of Mello Roos taxes,
and stated he is not in support of the Community Facilities District, as it is
not within the spirit of the law.
Councilmember Foat requested staff address the possibility of a re-
conveyance fee, and commented on the impact to the real estate market.
Councilmember Mills commented on the use of the tax, and the level of
service as the City grows.
Mayor Oden commented on the level of the current and future demands of
the City, and the level of service needed as the population grows.
Councilmember McCulloch commented on the need for the services, but
stated this is not the proper mechanism to pay for the services.
ACTION: 1) Adopt Resolution No. 21937 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING
CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION
AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO.
2005-1 (PUBLIC SAFETY SERVICES), ANNEXATION NO. 3;" and 2)
Waive the reading of the Ordinance text in its entirety and introduce by
title only Ordinance No_ 1714, "AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX
WITHIN THE CITY OF PALM SPRINGS COMMUNITY FACILITIES
DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), ANNEXATION
NO. 3." Motion Councilmember Mills, seconded by Mayor Pro Tem
Pougnet and carried 4-1 on a roll call vote.
City Council Minutes
June 20, 2007
Page 6
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern
Pougnet, and Mayor Oden.
NOES: Councilmember McCulloch.
1.D. ANNEX CERTAIN TERRITORY (ANNEXATION NO, 4) INTO
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY
SERVICES):
ACTION: 1) Adopt Resolution No. 21938, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING THE ANNEXATION OF TERRITORY TO COMMUNITY
FACILITIES DISTRICT NO. 2005-1 AND AUTHORIZING THE LEVY OF A
SPECIAL TAX AND SUBMITTING THE LEVY OF TAX TO THE
QUALIFIED ELECTORS;" and 2) Adopt Resolution No. 21939, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, CALLING A SPECIAL ELECTION AND
SUBMITTING TO THE VOTERS OF ANNEXATION NO. 4 OF THE CITY
OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT N0. 2005-1
(PUBLIC SAFETY SERVICES) PROPOSITIONS REGARDING THE
ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 4 TO
FINANCE PUBLIC SAFETY SERVICES, AND THE ESTABLISHMENT
OF AN APPROPRIATIONS LIMIT." Motion Councilmember Mills,
seconded by Mayor Pro Tem 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.
Annexation No. 4
Total Number of Eligible Votes: 41
Total Number of YES votes cast: 39
Total Number of NO votes cast: 1
Annexation No. 4 having received over 2/3rds vote the City Council may
proceed with the Annexations by adopting the resolution certifying the
results and introducing the ordinance.
ACTION: 1) Adopt Resolution No. 21940 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING
CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION
AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO.
2005-1 (PUBLIC SAFETY SERVICES), ANNEXATION NO. 4;" and 2)
Waive the reading of the Ordinance text in its entirety and introduce by
title only Ordinance No. 1715, "AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX
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City Council Minutes
June 20, 2007
Page 7
WITHIN THE CITY OF PALM SPRINGS COMMUNITY FACILITIES
DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), ANNEXATION
NO. 4." Motion Councilmember Mills, 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.E, THE LOFTIN FIRM FOR PALM SPRINGS VIEW ESTATES
MOBILEHOME PARK TENTATIVE TRACT MAP 34627, FOR THE
CONVERSION OF AN EXISTING 184 UNIT RENTAL MOBILEHOME
PARK INTO A CONDOMINIUM PARK FOR RESIDENT OWNERSHIP
ON AN APPROXIMATE 25.9-ACRE PARCEL, LOCATED AT 6300
BOLERO DRIVE:
Fred Lowndes, Associate Planner, provided background information as
outlined in the staff report dated June 20, 2007.
Councilmember McCulloch requested staff address the Applicant request
to continue the Item.
Mayor Oden opened the public hearing, and the following speakers
addressed the City Council.
JON RODRIGUE, Representing Applicant, requested a continuance to
work with the residence group on infrastructure and a moderate income
program, provided background information and incorporated information
provided to the City Council as a part of the public hearing, and addressed
the concerns of the residences.
Mayor Oden requested the Applicant address the timing of a continued
public hearing.
Councilmember Foat requested the Applicant address how the residents
could support the conversion without knowing the price.
Councilmember Pougnet commented on the request for continuance on
the basis of the development of a moderate income impact program.
JUDY FARRELL, Palm Springs, stated there are no benefits for the
homeowners, and in opposition of the conversion.
PATTI SHALLIES, Palm Springs, spoke in opposition to the conversion of
the park to resident ownership.
City Council Minutes
June 20, 2007
Page 8
HAROLD BAUMEA, Palm Springs, commented on issues of jurisdiction,
access and emergency access, and in opposition to the conversion.
JAMIE MURO, Palm Springs, spoke in opposition to the conversion of the
park to resident ownership.
ERMA ORSINO, Palm Springs, spoke in opposition to the conversion of
the park to resident ownership.
ROBERT WALSH, Palm Springs, spoke in opposition to the conversion of
the park to resident ownership.
GORDEN DODDS, Palm Springs, spoke in opposition to the conversion of
the park to resident ownership.
VESTA RUTH, Palm Springs, read a letter from a resident in opposition to
the conversion of the park to resident ownership.
DICK MATHEWS, Palm Springs, commented on the deficiencies on the
application and title, spoke in opposition to the conversion of the park to
resident ownership.
KRISTEN DOBIS, Palm Springs, commented on the relationship of the
residents to the Loftin Group, spoke in opposition to the conversion of the
park to resident ownership.
CAL HACKLER, President Palm Springs View Estates, commented on the
financial impact to residents and rent control, spoke in opposition to the
conversion of the park to resident ownership.
ARLENE BATTISHILL, commented on the jurisdiction of the wash parcel
and road, spoke in opposition to the conversion of the park to resident
ownership.
JEAN STEPHENS, commented on the recent improvements at the park,
spoke in opposition to the conversion of the park to resident ownership_
BOB SLAGLE, Palm Springs, commented on jurisdiction issues, road and
utility easements, spoke in apposition to the conversion of the park to
resident ownership.
JOHN EMINGER, commented on the homeowners association, reserves,
spoke in opposition to the conversion of the park to resident ownership.
JACKIE EMINGER, commented on disclosure, and spoke in opposition to
the conversion.
City Council Minutes
June 20, 2007
Page 9
WENDIE BUSIG-KOHN, requested the City Council not displace people.
JOHN RODRIGUE, Rebuttal, requested the City Council review the
written materials that address the concerns of the residents.
No further speakers coming forward, the public hearing was closed.
Mayor Oden commented on the previous discussion with El Dorado Park,
the impacts to the residents and the moderate income program,
commented on the tenant impact report, the review by the Planning
Commission, and requested the Applicant review several issues of the
application.
Councilmember McCulloch requested the City Attorney address the action
that is being taken by the City Council and the disclosure of materials that
were presented after the application was filed.
Councilmember Mills requested the City Attorney address if the City can
deny a map for public safety issues and how it relates to a Mobile Home
Park, requested staff address the condition with respect to a 10-year
program for rent control.
ACTION: Adopt Resolution No. 21941 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING
TENTATIVE TRACT MAP 34627 FOR THE CONVERSION OF AN
EXISTING 184 SPACE RENTAL MOBILEHOME PARK TO A RESIDENT-
OWNED CONDOMINIUM PARK LOCATED AT 6300 BOLERO DRIVE
ON PROPERTY ZONED R MHP (MOBILEHOME PARK) SECTION 29."
Motion Councilmember Foat, seconded by Mayor Oden and
unanimously carried on a roll call vote.
The City Council recessed at 8:33 P.M.
The City Council reconvened at 8:46 P.M.
I.F. CASE NO. 5.1152 THE 2007 COMPREHENSIVE UPDATE OF THE
PALM SPRINGS GENERAL PLAN:
Ken Lyon, Associate Planner, provided background information as
outlined in the staff report dated June 20, 2007,
Councilmember Foat requested staff address the tracked changes version
of the General Plan.
Councilmember Mills requested staff address if staff is recommending the
changes in the tracked changes edition, and requested a larger copy of
the maps.
City Council Minutes
June 20, 2007
Page 10
Mayor Oden opened the public hearing, and the following speakers
addressed the City Council.
FRED NOBLE, Palm Springs, commented on the areas North of 110, and
requested this area be for industrial and energy uses.
TAMSEN PLUME, stated staff has addressed her concerns.
ED FREEMAN, Palm Springs, stated the changes in Chapter 2 regarding
the Chino Cone Area No. 4, need further work, and he is looking for
additional changes in that respective area.
ED TORRES, read a statement by the Palm Springs Economic
Development Corporation which requests further comment, and to keep
the previous decisions for the Chino Cone.
ROXANN FLOSS, Palm Springs, commented on concerns for the plan for
the Chino Cone, stated an opportunity is being missed for a "green" city
and a conservation element.
MICHAEL PERONI, Stantec Consulting, expressed his concern with the
Palm Hills area of the General Plan.
JONO HILDNER, Save our Mountains, expressed his concerns on Chino
Cone and Palm Hills planning areas.
FRED BELL, expressed his concerns with the planning area for the Chino
Cone, and that the City Council continues to move slowly through the
process.
MARVIN ROOS, requested modifications to the proposed General Plan in
the Chino Cone planning area.
VIC GAINER, Palm Hills, stated his opposition to a Palm Hills project, and
urged the City Council to review the information as presented on the
Chino Cone without any further changes.
Councilmember McCulloch requested staff address the tracked changes
edition for the Chino Cone area, and commented on the time frame to
adopt the General Plan, perhaps after the summer recess.
Mayor Pro Tern Pougnet commented on the request by Pacific Hospitality
Group, and the Racquet Club and Tramway connector, and stated the
plan is weak with respect to conservation within the plan.
City Council Minutes
June 20, 2007
Page 11
Councilmember Foat commented on the time frame to adopted a new
plan, and stated the City Council should not consider a plan before the
summer recess.
Councilmember Mills commented on items in the proposed general plan
with respect to either incorporate specific policy or eliminate the language,
and it should not be a task or to-do list.
Mayor Oden stated the "action" items should be on a different list or
document.
Councilmember Foat requested staff address a cut off date to take action.
Councilmember Mills requested staff coordinate with Mr. Peroni with
Statec for changes in the Palm Hills area.
ACTION: 1) Continue the public hearing to June 27, 2007; and 2) Direct
the City Clerk to post a Notice of Continued Public Hearing. Motion
Mayor Pro Tern Pougnet, seconded by Councilmember Mills and
unanimously carried on a roll call vote.
PUBLIC COMMENT:
VIC GAINER, Well in the Desert, requested the City Council approve Item 2.M.
refunding fees for the CUP application.
WILLIE HOLLAND, SR., commented on the program at the Well in the Desert, and
requested the City Council refund the application fees.
DAVID BRINKMAN, requested the City Council approve Item RA2., the implementation
agreement with Vista Sunrise Apartments.
ACTION: Continue past the 10:00 PM tentative adjournment time. Motion Mayor Pro
Tern Pougnet, seconded by Councilmember Mills and unanimously carried.
COUNCILMEMBER COMMENTS AND REQUESTS: None.
CITY MANAGER'S REPORT: None.
2. CONSENT CALENDAR:
Mayor Oden commented on Item 2.J., then returned the Item to the Consent
Calendar for approval.
ACTION: Approve Items 2.A., 2.13., 2.C., 2.F., 2.G., 2.H., 2.1., 2.J., 2.K., 21., and
2.N. Motion Councilmember Mills, seconded by Mayor Pro Tern Pougnet
and unanimously carried on a roll call vote.
City Council Minutes
June 20, 2007
Page 12
2.A, REPORT ON POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posting of the June 20, 2007,
City Council Agenda. Approved as part of the Consent Calendar.
2.B. APPROVAL OF MINUTES:
ACTION; Approve the City Council Minutes of June 13, 2007. Approved
as part of the Consent Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 21942, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD
ENDED 06-02-2007 BY WARRANTS NUMBERED 411952 THROUGH
412004 TOTALING $82,496.73, LIABILITY CHECKS NUMBERED
1021415 THROUGH 1021444 TOTALING $143,470.23, THREE WIRE
TRANSFERS FOR $68,771.89 AND THREE ELECTRONIC ACH DEBITS
OF $1,035,134.16 IN THE AGGREGATE AMOUNT OF $1,319,873.01
DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution No. 21943, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND
DEMANDS BY WARRANTS NUMBERED 1021221 THROUGH 1021413
IN THE AGGREGATE AMOUNT OF $1,500,933.25 DRAWN ON BANK
OF AMERICA;" 3) Adopt Resolution No. 21944, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANT
NUMBERED 1021414 IN THE AMOUNT OF $12,193.20 DRAWN ON
BANK OF AMERICA; and 4 ) Adopt Resolution No. 21945, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND
DEMANDS BY WARRANTS NUMBERED 1021445 THROUGH 1021451
IN THE AGGREGATE AMOUNT OF $411,963.29 DRAWN ON BANK OF
AMERICA." Approved as part of the Consent Calendar, noting the
business related abstention of Councilmember McCulloch on
Warrant No. 1021267.
2.F. ADOPTION OF THE CITY'S INVESTMENT POLICY GOVERNING THE
INVESTMENT OF CITY FUNDS PURSUANT TO GOVERNMENT CODE
SECTION 54646(a):
ACTION: Adopt Resolution No. 21946, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
AN INVESTMENT POLICY GOVERNING THE INVESTMENT OF CITY
FUNDS." Approved as part of the Consent Calendar.
2.G. APPROVE FINAL MAP 34933 AND A SUBDIVISION IMPROVEMENT
AGREEMENT WITH FIVE STAR PROPERTY DEVELOPMENT, LLC,
City Council Minutes
June 20, 2007
Page 13
FOR A 1 LOT TRACT MAP FOR CONDOMINIUM PURPOSES
LOCATED AT 720 AND 750 SOUTH CALLE PALO FIERRO, SECTION
23, TOWNSHIP 4 SOUTH, RANGE 4 EAST:
ACTION: 1) Adopt Resolution No. 21947, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING FINAL MAP 34933 FOR THE PROPERTY LOCATED AT
720 AND 750 CALLE PALO FIERRO, SECTION 23, TOWNSHIP 4
SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION
IMPROVEMENT AGREEMENT WITH FIVE STAR PROPERTY
DEVELOPMENT, LLC.;" and 2) Authorize the City Manager to execute all
necessary documents. A5496. Noting the business related abstention
of Councilmember Mills. Approved as part of the Consent Calendar,
2.1-1. AMENDMENT NO, 12 TO AGREEMENT NO, A4382 WITH GENSLER
ARCHITECTURAL SERVICES FOR ADDITIONAL SERVICES
RELATING TO THE MAIN COURTYARD AND THE CHECKPOINT
AREA:
ACTION: 1) Adopt Minute Order No. 8051, Approving Amendment No, 12
to Agreement No. A4382 with Gensler Architectural Services in an amount
not to exceed $315,770. for time and materials, for additional airport
terminal design work related to the main courtyard and checkpoint area;
and 2) Authorize the City Manager to execute the Amendment to the
Agreement. A4382. Approved as part of the Consent Calendar.
2.1. CONSTRUCTION ADMINISTRATION PARAMETERS FOR THE CITY'S
OWNER REPRESENTATIVE AND EXPANDED CHANGE ORDER
AUTHORITY FOR THE CITY MANAGER ON CONSTRUCTION
PROJECTS:
ACTION: Adopt Resolution No. 21948, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ESTABLISHING CONSTRUCTION ADMINISTRATION PARAMETERS
FOR THE FACILITY CONSTRUCTION OWNER'S REPRESENTATIVE
TO WORK UNDER WHEN REPRESENTING THE CITY ON
CONSTRUCTION PROJECTS, ESTABLISHING SPECIAL CHANGE
ORDER AUTHORITY FOR THE CITY MANAGER, AND RESCINDING
RESOLUTION NO. 21800." Approved as part of the Consent Calendar.
2.J. PROPOSED AGREEMENT WITH THE CITY OF CATHEDRAL CITY
FOR USE AND TO BOOK PRISONERS IN THE PALM SPRINGS JAIL:
ACTION: 1) Adopt Minute Order No. 8052, Approving an Agreement with
the City of Cathedral City for the use of the Palm Springs Jail in the
amount of $143.80 per day; and 2) Authorize the City Manager to execute
the Agreement. A5497. Approved as part of the Consent Calendar.
City Council Minutes
June 20, 2007
Page 14
2.K. RESIGNATION FROM THE PUBLIC ARTS COMMISSION:
ACTION: 1) Accept with regret the resignation of Sue Ann Young from the
Public Arts Commission; and 2) Direct the City Clerk to post a notice of
vacancy. Approved as part of the Consent Calendar.
21. APPROVAL OF AN AMENDED AND RESTATED LEASE AGREEMENT
WITH THE PALM CANYON THEATRE, INC., AND APPROVAL OF A
PALM CANYON THEATRE USE AGREEMENT WITH THE PALM
SPRINGS INTERNATIONAL FILM FESTIVAL AND THE PALM
SPRINGS INTERNATIONAL FILM SOCIETY:
ACTION: 1) Adopt Resolution No. 21949, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING AN AMENDED AND RESTATED LEASE WITH PALM
CANYON THEATRE, INC. FOR CITY OWNED PROPERTY LOCATED
AT 538 NORTH PALM CANYON DRIVE IN FRANCES STEVENS PARK;"
and 2) Adopt Resolution No. 21950, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A PALM CANYON THEATRE USE AGREEMENT WITH
THE PALM SPRINGS INTERNATIONAL FILM FESTIVAL AND THE
PALM SPRINGS INTERNATIONAL FILM SOCIETY FOR CITY OWNED
PROPERTY LOCATED AT 538 NORTH PALM CANYON DRIVE IN
FRANCES STEVENS PARK." A3785 and A5498. Approved as part of
the Consent Calendar.
2.N. AMENDMENT TO THE AGREEMENT WITH MERCHANTS
LANDSCAPE SERVICES TO ADD PARKS LANDSCAPE
MAINTENANCE SERVICES TO THE EXISTING CONTRACT:
ACTION: 1) Adopt Minute Order No. 8053, Approving Amendment No 1 to
Agreement No. A5300 with Merchants Landscape Services, Inc., to add
parks landscape maintenance services in the amount of $602,874. per
year, from July 1, 2007, through June 30, 2009, plus annual CPI
adjustments, if earned, and an additive alternate of $110,000. in Fiscal
Year 2008-09 for tree trimming; and 2) Authorize the City Manager to
execute the Amendment to the Agreement. A5300. Approved as part of
the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2.1). APPROVAL OF PARCEL MAP 33989 FOR 3 SINGLE FAMILY HOMES
LOCATED AT 560 AND 588 SEPULVEDA ROAD, SECTION 3, TOWNSHIP 4
SOUTH, RANGE 4 EAST:
Removed from the Agenda at the request of staff.
City Council Minutes
June 20, 2007
Page 15
2.E. PROPOSAL BY THE PUBLIC ARTS COMMISSION TO RELOCATE
ARTWORK BY JEAN CLAUDE FARHI MACHINE AGE AND LE COMPAS DE
VULCAN TO KIRK DOUGLAS WAY:
Councilmember Foat requested staff address the decision of the Art Commission
to move the pieces.
Mayor Oden stated these pieces were put at that location to maximize the
approach to the Airport, and commented on the policy changes of moving the
pieces.
Councilmember Mills commented on the entrance to the Airport, and his
preference to the location of Vista Chino and Farrell, and would not be in support.
ACTION: Deny the request for relocation of the artwork to location specified.
Motion Councilmember Mills, seconded by Mayor Pro Tom Pougnet and
unanimously carried on a roll call vote,
2.M REQUEST FROM THE WELL IN THE DESERT FOR THE REFUND OF FEES
FOR THE CONDITIONAL USE PERMIT APPLICATION TO OPERATE A
FOOD DISTRIBUTION FACILITY LOCATED AT 202 WEST SAN RAFAEL
DRIVE, CASE NO. 5.1157:
The City Council discussed the refund, waiver, or other funding mechanisms.
ACTION: Direct staff to fund a contribution from the City Council discretionary
funds to provide funding to the Well in the Desert in the amount of $2,626.50.
Motion Councilmember McCulloch, seconded by Mayor Pro Tom Pougnet
and unanimously carried on a roll call vote.
The City Council continued as a Joint Meeting with the City of Palm Springs Financing
Authority at 10:23 P.M.
FA1. APPROVING THE ISSUANCE AND SALE OF 2007 REFUNDING LEASE
REVENUE BONDS (PUBLIC CAPITAL IMPROVEMENTS) IN AN AMOUNT
NOT TO EXCEED $24,000,000 AND APPROVAL Or FINANCING
DOCUMENTS SITES AND FACILITIES LEASE LEASE AGREEMENT, 1996
CERTIFICATES ESCROW DEPOSIT AND TRUST AGREEMENT, 1998
CERTIFICATES ESCROW DEPOSIT AND TRUST AGREEMENT AND
APPOINTING THE FINANCIAL ADVISOR, BOND COUNSEL AND
DISCLOSURE COUNSEL AND RELATED ACTIONS AND DOCUMENTS:
Craig Graves, Director of Finance, provided background information as outlined
in the staff report dated June 20, 2007.
ACTION: 1) Adopt Resolution No. 21951, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
�r
City Council Minutes
June 20, 2007
Page 16
DOCUMENTS AND ACTIONS RELATING TO THE CITY OF PALM SPRINGS
FINANCING AUTHORITY 2007 REFUNDING LEASE REVENUE BONDS
(PUBLIC CAPITAL IMPROVEMENTS):" and 32) Authorize the City Manager and
Director of Finance and Treasurer to execute all necessary documents. Trust
Indenture A5499. Assignment Agreement A5500. Sites and Facilities Lease
A5501. Lease Agreement A5502. 1996 Certificates Escrow Deposit and Trust
Agreement A5503. 1998 Certificates Escrow Deposit and Trust Agreement
A5504. Continuing Disclosure Agreement A5505. Bond Purchase Agreement
A5506. Motion Councilmember McCulloch, seconded by Mayor Pro Tern
Pougnet and unanimously carried on a roll call vote.
The Financing Authority adjourned at 10:31 P.M., and the City Council recessed as the
City of Palm Springs Community Redevelopment Agency.
The City of Palm Springs Community Redevelopment Agency adjourned at 10:57 P.M.,
and the City Council continued.
3. LEGISLATIVE: None.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
5.A. APPOINTMENTS TO THE PARKS AND RECREATION COMMISSION
AS PART OF THE 2007 ANNUAL RECRUITMENT OF COMMISSIONS
AND BOARDS:
ACTION: 1) Reappoint Keith McCormick and appoint Elizabeth Gobble
and Steve Sims to the Parks and Recreation Commission for terms ending
June 30, 2010, and 2) Direct the City Clerk to continue the recruitment for
one-member for the unexpired term ending June 30, 2009- Motion Mayor
Oden, seconded by Councilmember Foat and carried 4-0 on a roll call
vote.
AYES: Councilmember Foat, Councilmember McCulloch, Mayor Pro
Tern Pougnet, and Mayor Oden.
NOES: None.
ABSTAIN: Councilmember Mills.
COUNCILMEMBER COMMENTS AND REPORTS:
Mayor Pro Tern Pougnet requested the City Manager provide further information on
certain organizations who requested funds during the budget process, and had not
submitted proposals.
ADJOURNMENT. The City Council adjourned at 11:01 P.M. to an Adjourned Regular
Meeting and Study Session, Wednesday, June 27, 2007, at 6:00 P.M. in the Council
City Council Minutes
June 20, 2007
Page 17
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
11" DAY OF JULY, 2007.
MAYOR
ATTEST:
City Clerk
UU�?'r
PALM SPRINGS CITY COUNCIL
MINUTES
WEDNESDAY, JUNE 27, 2007
CITY COUNCIL CHAMBER
CALL TO ORDER: Mayor Oden called the meeting to order at 6:07 P.M.
PLEDGE OF ALLEGIANCE: Councilmember Mills 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:
John Raymond, Director of Community and Economic Development, presented a slide
show of the Las Vegas Animal Shelter outlining conservation and resource efficiency.
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. The Community Redevelopment
Agency took action with respect to Item 1.A., and approved the purchase of the
sublease interest of Palm Springs Ventures LLC, for the property located at the
southeast corner of Avenida Caballeros and Amado Road, APN 508-070-038, by a
unanimous 4-0 vote, noting the absence of Councilmember Mills due to a potential
conflict of interest. An agreement will be on file in the Office of the City Clerk upon
execution of the Agency representatives. A0519C.
ACCEPTANCE OF THE AGENDA:
Mayor Pro Tern Pougnet noted his business related abstention on Item 2.C., Warrant
No. 1021659, and requested Item 2.J. be removed from the Consent Calendar for
separate discussion.
Councilmember McCulloch noted his business related abstention on Item 2.C., Warrant
No. 1021508.
Councilmember Mills noted his business related abstention on Item 2.F.
Councilmember Foat requested Items 2.F. and 2_I. be removed from the Consent
Calendar for separate discussion.
Mayor Oden requested Item 2.B. be removed from the Consent Calendar for separate
discussion.
1�C
City Council Minutes
June 27, 2007
Page 2
ACTION: Accept the Agenda as amended. Motion Mayor Pro Tem Pougnet,
seconded by Mayor Oden and unanimously carried on a roll call vote.
1. PUBLIC HEARINGS:
9.A. TWO APPEALS OF A DECISION BY THE PLANNING COMMISSION
TO CERTIFY THE FINAL ENVIRONMENTAL IMPACT REPORT AND
APPROVE CONDITIONAL USE PERMIT NO, 5.1115 AND
ASSOCIATED VARIANCE NO. 6.493 FOR THE INSTALLATION AND
OPERATION OF FIVE WIND ENERGY CONVERSION SYSTEMS
LOCATED APPROXIMATELY 6,000 FEET WEST OF INDIAN AVENUE,
NORTH OF 1-10, SOUTH OF DILLON ROAD AND EAST OF HWY 62:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated June 27, 2007.
Mayor Oden opened the public hearing and the following speakers
addressed the City Council.
DAVID RUTTER, Applicant, provided background information on the
project as outlined in a Power Point presentation.
DAVID B. COSGROVE, Representing both Appellants, provided
background information as outlined in the written appeals, and requested
the City Council not take any action, until the County of Riverside has
taken action on the project.
RENEE ROBIN, provided information in support of the project as outlined
in her letters of testimony.
LES STARKS, Palm Springs, spoke in opposition to the project as outlined
in his written testimony provided.
ROXANN FLOSS, Palm Springs, spoke in support of alternative energy
and conservation.
DANA STEWART, Palm Springs, read a letter by James Mckinney in
opposition to the project.
DANA STEWART, Palm Springs, spoke in opposition to the project as
outlined in her written testimony.
JANE COWLES SMITH, commented on air, water, dust and health with
respect to development issues and spoke in opposition to the project.
FRED NOBLE, Palm Springs, provided information as outlined on his
application.
City Council Minutes
June 27, 2007
Page 3
JEFF WELTON, stated his support for the project and commented on the
impact to birds.
ERIN KIRLEHAN, spoke in support of the project.
SAM MILLETT, spoke in opposition of the project and commented on fires
due to the windmills.
WESLEY ROSS, Palm Springs, commented on notification to property
owners, and spoke in opposition to the project in this area.
DAVID RUTTER, Rebuttal, commented on alternative and renewable
energy, and requested the City Council approve the project.
DAVID COSGROVE, Rebuttal, commented on the bird study, the EIR, the
guidelines by the Department of U.S. Fish and Game, and the request for
variance.
No further speakers coming forward, the public hearing was closed.
Councilmember McCulloch requested the City Attorney and Staff address
all the legal issues raised as part of the final report.
Councilmember Foat requested staff address the County approval of the
EIR.
ACTION: Continue the item to the meeting of July 11, 2007 and direct
staff to prepare resolutions for upholding the decision of the Planning
Commission and denying the appeals. Motion Mayor Pro Tern Pougnet,
seconded by Councilmember Foat and unanimously carried on a roll
call vote.
The City Council recessed at 7:12 P.M.
The City Council reconvened at 7:20 P.M.
Councilmember Mills stated he has a business related conflict of interest with
respect to Item 1.13., stated he would not participate in the discussion or the vote,
and left Council Chamber.
1.B. PALM RIDGE - GENERAL PLAN AMENDMENT FROM L-2 TO L-4,
CHANGE OF ZONE FROM R-1-A TO R-1-C AND TENTATIVE TRACT
MAP 34938 TO SUBDIVIDE AN APPROXIMATE 20-ACRE PARCEL
INTO A 34 SINGLE-FAMILY RESIDENTIAL SUBDIVISION AND 11
LETTERED LOTS ON 20 GROSS ACRES LOCATED SOUTH OF
City Council Minutes
June 27, 2007
Page 4
RAMON ROAD AND APPROXIMATELY 275 FEET WEST OF
BELARDO ROAD:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report and supplemental memorandum
dated June 27, 2007.
Mayor Oden opened the public hearing, and the following speakers
addressed the City Council.
MIKE HUTCHISON, Applicant, thanked the neighborhood association for
the input and provided background information on the project.
ED TORRES, Applicant, provided background and statistical information
on the development.
GENE DIPPEL, Palm Springs, spoke in support of the project and the
guarantee of only 34 lots on the property.
KIMBERLY NICHOLS, read a letter from Earl Greenburg in support of the
project.
MARSHALL ROATH, spoke in support of the project and the blending with
the existing neighborhood.
ILENE BLOCK, Palm Springs, provided information as outlined in her
written testimony, commented on the impact to Ramon Road, and spoke
in opposition to the development being a gated community.
BOB HELBLING, Palm Springs, spoke in support of the project,
commented on impact to Ramon Road, egress, ingress and the project
being a gated community.
ROBERT METCALF, Palm Springs, spoke in support of the project and
the low density.
GARY SOTO, Palm Springs, stated his support of the development and
that he looks forward to owning a home in the development as a gated
community.
GEOFF KORS, Palm Springs, stated his support for the project,
commented on the low density and the 'green' development.
ROBERT REICHMAN, spoke in opposition to the development and
requested the City Council table the decision for further study and
comment.
City Council Minutes
June 27, 2007
Page 5
ROXANN PLOSS, Palm Springs, spoke in support of the project,
commented on the individually graded lots and the gated community.
JOYCE OHMURA, read a letter from Frank Tysen in support of the
project.
CURT SWAN, Palm Springs, stated his zoning and setback concerns, as
outlined in his written letter to the City Council.
DAVID BARON, stated his support for the project, commented on the low
density of the project.
SCOTT PALERMO, spoke in support of the development.
DENISE SWAN, spoke in support of the project without the change in
zoning and commented on the gated entrance.
ROB FIRTH, Palm Springs, spoke in support of the development,
commented on the low density.
ARLENE BATTISHILL, spoke in support of the project, and commented on
the zone change.
MIKE HUTCHISON and ED TORRES commented on the impact to the
community.
No further speakers coming forward, the public hearing was closed.
Mayor Pro Tern Pougnet requested the Applicant address the use of a
PDD for this project, commented on the impact and improvements to
Ramon Road.
Councilmember Foat requested staff address the negative comments
received and the low density of the project.
Councilmember McCulloch requested staff address the process of
development for the individual lots.
Mayor Oden commented on the Architectural Review process, the
approval required of property that is considered hillside, the lack of review
of the other properties in the development, on the use of a PDD for this
project, and commented on gated communities in the city.
Councilmember McCulloch requested staff address the review process for
individual lots, and the use of a PDD for the project.
City Council Minutes
June 27, 2007
Page 6
Mayor Pro Tern Pougnet commented on the zone change and the project
as a PDD.
ACTION: Determine the tract map conforms to the overall density of the
General Plan Land Use designation, conditionally approve the Tentative
Tract Map and Zoning Amendment to R-1-C with the Conditions of
Approval, adding a Condition of Approval for the Landscape Plan subject
to City Council approval at the time of the final map, deny the requested
General Plan Amendment, and direct staff to prepare appropriate findings
and approval documents. Motion Councilmember Foat, seconded by
Mayor Oden and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember McCulloch, Mayor Pro
Tem Pougnet, and Mayor Oden.
NOES: None.
ABSENT: Councilmember Mills.
Councilmember Mills returned to the dais.
I.C. MODIFICATIONS TO CERTAIN USER FEES AND CHARGES FOR THE
AVIATION, PLANNING AND PARKS AND RECREATION
DEPARTMENTS, IMPLEMENTATION OF A CPI ADJUSTMENT AND
MODIFYING THE COMPREHENSIVE FEE SCHEDULE ADOPTED BY
RESOLUTION NO. 21578 FOR FISCAL YEAR 2007-08:
City Clerk Thompson provided background information as outlined in the
staff report dated June 27, 2007.
Mayor Oden opened the public hearing and the following speakers
addressed the City Council,
JADE NELSON, Palm Springs, spoke in opposition to the proposed new
fees with respect to Historic Site Preservation.
ROXANN FLOSS, Palm Springs, commented on Historic Site
Preservation Fees,
SHEILA GRATTAN, spoke in opposition to fees with respect to Historic
Site Preservation.
JOHN WILLIAMS, spoke in opposition to fees with respect to Historic Site
Preservation.
No further speakers coming forward, the public hearing was closed.
Mayor Pro Tern Pougnet requested staff address the issue of fees for
Historic Site designation.
City Council Minutes
June 27, 2007
Page 7
Councilmember Mills commented on fees for Historic Site Preservation.
Councilmember Foat commented on the fees for Historic Site Preservation
and requested staff address VillageFest Fees.
Councilmember McCulloch commented on the impact of VillageFest to the
Downtown merchants and requested staff address fees for Historic Site
Preservation.
The City Council discussed the proposed fees for Historic Site
Preservation.
Motion by Councilmember Mills Adopt Resolution, "A RESOLUTION OF
THE CITY COUNCIL OF THE. CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING CERTAIN USER FEES AND CHARGES AND MODIFYING
THE COMPREHENSIVE FEE SCHEDULE ADOPTED BY RESOLUTION
NO. 21578 FOR FISCAL YEAR 2007-08." Failed for lack of second.
ACTION: Adopt Resolution No. 21952, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING CERTAIN USER FEES AND CHARGES AND MODIFYING
THE COMPREHENSIVE FEE SCHEDULE ADOPTED BY RESOLUTION
NO. 21578 FOR FISCAL YEAR 2007-08" amending the Comprehensive
Fee Schedule by deleting the proposed Fee for an Historic Site
Designation Application. Motion Councilmember Foat, seconded by
Mayor Pro Tom Pougnet and carried 4-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tom
Pougnet, and Mayor Oden.
NOES: Councilmember McCulloch,
The City Council recessed at 9:14 P.M.
The City Council reconvened at 9:21 P.M.
I.D. CASE NO. 5.1152 THE 2007 COMPREHENSIVE UPDATE OF THE
PALM SPRINGS GENERAL PLAN:
Ken Lyon, Associate Planner, provided background information as
outlined in the staff report dated June 27, 2007.
Discussion was held regarding the process for the adoption of the General
Plan„
Mayor Oden opened the public hearing, and the following speakers
addressed the City Council.
City Council Minutes
June 27, 2007
Page$
JONO HILDNER, Palm Springs, requested the City Council modify the
language for the PDD process.
ED DIETRICH, Palm Springs, requested the City Council address the
extension of Chia Road in the General Plan.
MARVIN ROOS, commented on the long term goal of increasing mass
transportation opportunities, policy requirements for certain non-
conforming uses, requested review of Quimby and Sewer Fees.
FRED BELL, commented on the process for submitting additional
comments, and requested the City Council review the Quimby Fees.
JEFFREY BALLENGER, requested the City Council address the Chino
Cone provisions in the land use element and to allow density transfers off
the Chino Cone.
ROXANN PLOSS, Palm Springs, commented on the process through the
General Plan Steering Committee level, requested the City Council
address a water element in the General Plan.
No further speakers coming forward, the public hearing was closed.
ACTION: Continue past the 10:00 P.M. tentative adjournment time.
Motion by Councilmember Pougnet, seconded by Mills and
unanimously carried.
ACTION: 1) Continue the public hearing to July 11, 2007, at which point
the public testimony portion of the public hearing will be closed, but
interested parties may continue to provide written information; and 2)
Direct the City Clerk to post a notice of continued public hearing. Motion
Councilmember Mills, seconded by Mayor Pro Tern Pougnet and
unanimously carried on a roll call vote.
PUBLIC COMMENT:
WENDIE BUSIG-KOHN, Palm Springs, commented on PSCTV format, stated her
support for Item 3.A., modifying compensation for the Mayor and Members of the City
Council.
JOHN WILLIAMS, Palm Springs, spoke in support of Item 5.B., purchase of artwork for
the Warm Sands neighborhood.
DOUG WYLIE, Palm Springs, spoke in support of Item 5.8., purchase of artwork for the
Warm Sands neighborhood.
City Council Minutes
June 27, 2007
Page 9
GORDON ELKINS, Palm Springs, spoke in support of Item 5.B., purchase of artwork for
the Warm Sands neighborhood.
JONO HILDNER, Palm Springs, spoke in support of the revised ballot measure
question on Item 2.D., and spoke in support of Item 3.A., an increase in City Council
compensation.
WILLIE JAMES HOLLAND, commented on the Desert Highland Gateway
neighborhood.
JOY MEREDITH, Palm Springs, spoke in support of Item 2.J. extension of parking in
the Downtown, commented on the charity activities of the Well in the Desert, the
conflicts between the downtown merchants and the VillageFest, and in support of an
increase in salary for the City Council.
ED TORRES, commented on the state of the City, and in support of Item 3.A„ increase
in the City Council salary.
COUNCILMEMBER COMMENTS AND REQUESTS: None.
CITY MANAGER'S REPORT:
City Manager Ready commented on the successful HUD Community Development
Block Grant audit and submitted a timeline for the future Block Grant funding process;
and commented on the speed hump installation at Cielo Vista Elementary School.
2. CONSENT CALENDAR;
ACTION: Approve Items 2.A., 2.C., 2.D., 2.E., 2.G., 2.H., 2.K., and 21. Motion
Councilmember Foat, 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 June 27, 2007,
City Council Agenda. Approved as part of the Consent Calendar.
2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:
ACTION: 1) Adopt Resolution No. 21955, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS
NUMBERED 1021452 THROUGH 1021716 IN THE AGGREGATE
AMOUNT OF $ 2,625,455.08 DRAWN ON BANK OF AMERICA;" and 2)
Adopt Resolution No. 21956, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED
1021717 THROUGH 1021723 IN THE AGGREGATE AMOUNT OF
$205,838.69 DRAWN ON BANK OF AMERICA." Approved as part of
City Council Minutes
June 27, 2007
Page 10
the Consent Calendar noting the business related abstention of
Mayor Pro Tern Pougnet on Warrant No. 1021659, and the business
related abstention of Councilmember McCulloch on Warrant No.
1021508.
2.D. PROPOSED RESOLUTIONS CALLING THE NOVEMBER 6, 2007,
GENERAL MUNICIPAL ELECTION, ORDERING SERVICES AND
ADOPTING REGULATIONS FOR CANDIDATE STATEMENTS AND
REFERENDUM ARGUMENTS AND REBUTTAL ARGUMENTS:
ACTION: 1) Adopt Resolution No. 21957, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING
AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 6, 2007, FOR THE ELECTION
OF CERTAIN OFFICERS AND FOR THE SUBMISSION TO THE
QUALIFIED VOTERS, AN ORDINANCE EXTENDING THE
DEVELOPMENT AGREEMENT BETWEEN THE CITY AND
SHADOWROCK REAL ESTATE DEVELOPMENT LLC, AS REQUIRED
BY THE PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA;" 2) Adopt Resolution No. 21958, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF
RIVERSIDE TO RENDER SPECIFIED SERVICES TO THE CITY
RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, NOVEMBER 6, 2007;" 3) Adopt Resolution
No. 21959, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES
STATEMENTS SUBMITTED TO THE VOTERS AT THE GENERAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 2007;" and 4)
Adopt Resolution No. 21960, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, SETTING
PRIORITIES FOR FILING WRITTEN ARGUMENTS AND PROVIDING
FOR THE FILING OF REBUTTAL ARGUMENTS REGARDING A CITY
MEASURE AT THE NOVEMBER 6, 2007 GENERAL MUNICIPAL
ELECTION AND DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS." Approved as part of the Consent Calendar,
2.E. AUTHORIZE MISCELLANEOUS FISCAL YEAR 2007-08
MAINTENANCE AND REPAIR EXPENDITURES:
ACTION: Adopt Minute Order No. 8055, Authorizing the as-needed
purchase of Caterpillar repair parts from Johnson Power Systems in an
amount not-to-exceed $100,000, radio system repair services from
Motorola in the amount of$73,487, and carpet maintenance services from
DFS Flooring in the amount of $58,560. Approved as part of the
Consent Calendar.
City Council Minutes
June 27, 2007
Page 11
2.G. STAFF AUTHORIZED AGREEMENTS FOR THE PERIOD MAY 1
THROUGH MAY 31, 2007:
ACTION: Receive and file the Staff Authorized Agreements covering the
period May 1 through May 31, 2007. Approved as part of the Consent
Calendar.
2.H. AMENDMENT NO. 4 TO AGREEMENT NO. A3469 WITH ARNOLD
PALMER MANAGEMENT LLC FOR GOLF COURSE MANAGEMENT
SERVICES AT TAHQUITZ CREEK GOLF RESORT:
ACTION: 1) Adopt Minute Order No. 8057, Approving Amendment No. 4
to Agreement No. A3469 with Arnold Palmer Management LLC extending
the term of the management agreement for a period of six (6) months from
July 1, 2007, through December 31, 2007, for golf course management
services at Tahquitz Creek Golf Resort; and 2) Authorize the City Manager
to execute all necessary documents, A3469. Approved as part of the
Consent Calendar.
2.K. AMENDMENT NO. 2 TO AGREEMENT NO. A5242 WITH STANDARD
PARKING CORPORATION IN AN AMOUNT NOT-TO-EXCEED $96,000.
FOR DOWNTOWN PARKING CONTROL AND ENFORCEMENT
SERVICES FOR FISCAL YEAR 2007-08:
ACTION: 1) Adopt Minute Order No. 8059, Approving Amendment No. 2
to Agreement No. A5242 with Standard Parking Corporation for downtown
parking enforcement services in an amount not-to-exceed $96,000. for a
one (1) year period expiring June 30, 2008; and 2) Authorize the City
Manager to execute all necessary documents. A5242. Approved as part
of the Consent Calendar.
21. PROPOSED RESOLUTION AMENDING THE ALLOCATED POSITIONS
AND COMPENSATION PLAN TO ADJUST EX (DEPARTMENT HEAD)
SALARIES AND MODIFY THEIR "RETIREE HEALTH" BENEFIT TO A
2-TIER STRUCTURE, PAY FOR PERFORMANCE PROGRAM AND
EXPENSE REIMBURSEMENT FOR CITY COUNCIL AND COMMISSION
MEMBERS:
ACTION: Adopt Resolution No. 21962, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING AMENDMENT NO. 1 TO THE ALLOCATED POSITIONS
AND COMPENSATION PLAN, ADOPTED BY RESOLUTION NO. 21907,
EXTENDING THE MANAGEMENT PAY FOR PERFORMANCE
PROGRAM, AND AMENDING THE EXPENSE REIMBURSEMENT
POLICY FOR CITY COUNCIL AND COMMISSION MEMBERS_"
Approved as part of the Consent Calendar.
City Council Minutes
June 27, 2007
Page 12
EXCLUDED CONSENT CALENDAR:
2.13. INSURANCE RENEWALS FOR THE CITY'S AIRPORT LIABILITY, AERO
SQUADRON AIRCRAFT, ALL-RISK PROPERTY, EARTHQUAKE=/FL•OOD
(PRIMARY LEVEL), CRIME, BOILER AND MACHINERY, EXCESS GENERAL
LIABILITY, AND EXCESS WORKERS COMPENSATION:
Mayor Oden requested staff address any savings.
ACTION: 1) Adopt Minute Order No. 8054, Approving a contract services
agreement with Davis & Graeber Insurance Services, Incorporated for insurance
brokerage services for a one (1) year term in an amount not-to-exceed $60,000;
2) Adopt Resolution No. 21953, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING DAVIS &
GRAEBER INSURANCE SERVICES, AS THE CITY'S BROKER OF RECORD,
TO PURCHASE AIRPORT LIABILITY, AERO SQUADRON AIRCRAFT, ALL-
RISK PROPERTY, EARTHQUAKE/FLOOD (PRIMARY LEVEL), CRIME,
BOILER AND MACHINERY, GENERAL LIABILITY POLICIES, EFFECTIVE
JULY 1, 2007, IN AN AMOUNT NOT-TO-EXCEED $593,142;" 3) Adopt
Resolution No. 21954, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AUTHORIZING KEENAN & ASSOCIATES,
AS THE CITY'S BROKER OF RECORD, TO PURCHASE EXCESS WORKERS
COMPENSATION INSURANCE, EFFECTIVE JULY 1, 2007, IN AN AMOUNT
NOT-TO-EXCEED $75,037;" and 4) Authorize the City Manager to execute the
necessary documents. Motion Councilmember Mills, seconded by Mayor Pro
Tem Pougnet and unanimously carried on a roll call vote.
Councilmember Mills noted his business related conflict of interest with respect to Item
2.F., would not participate in the discussion or the vote, and left Council Chamber.
2.F. AMENDMENT NO. 2 TO AN EXCLUSIVE AGREEMENT TO NEGOTIATE
WITH THE OASI GROUP FOR A 7.8 ACRE CITY-OWNED PARCEL AT THE
NORTHEAST CORNER OF CALLS ALVARADO AND AMADO ROAD,
EXTENDING THE TERM TO DECEMBER 31, 2007:
City Manager Ready provided background information as outlined in the staff
report dated June 27, 2007.
Councilmember Foat requested staff address if the agreement will specify the
name of the hotel.
ACTION: 1) Adopt Minute Order No. 8056, Approving Amendment No. 2 to an
exclusive agreement to negotiate with the Oasi Group for a 7.8 acre city-owned
parcel located at the northeast corner of Calle Alvarado and Amado Road,
extending the term to December 31, 2007 amending the agreement to specify
the hotel as a Mondrian Hotel; and 2) Authorize the City Manager to execute all
I lr^ '- r-
City Council Minutes
June 27, 2007
Page 13
necessary documents. A5220. Motion Councilmember Foat, seconded by
Mayor Pro Tern Pougnet and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember McCulloch, Mayor Pro Tem
Pougnet, and Mayor Oden.
NOES: None.
ABSENT: Councilmember Mills.
Councilmember Mills returned to the dais.
2.1. APPROVAL OF AN AGREEMENT WITH MORELAND AND ASSOCIATES TO
PROVIDE PROFESSIONAL FINANCIAL AUDITING SERVICES FOR A THREE
YEAR TERM:
Councilmember Foat requested staff address the need to change audit firms,
questioned if Moreland and Associates was the low bidder, and the amount of
savings due to the change in audit firms.
ACTION: 1) Adopt Minute Order No. 8058, Approving an agreement with
Moreland and Associates, Inc., for financial auditing services, in an amount not-
to-exceed $231,610, for the initial three year term, with two additional one-year
terms at the discretion of the City Manager; and 2) Authorize the City Manager to
execute the agreement. A5509. Motion Councilmember Foat, seconded by
Mayor Pro Tern Pougnet and unanimously carried on a roll call vote.
2.J. EXTEND THE SUSPENSION OF TWO-HOUR TIME PARKING TIME LIMITS
ON PORTIONS OF INDIAN CANYON DRIVE AND BELARDO ROAD FROM
ALEJO ROAD TO RAMON ROAD AND DOWNTOWN CITY-OWNED
PARKING LOTS AND THE PARKING STRUCTURE UNTIL JUNE 30, 2008:
Councilmember Pougnet requested staff address the timing of a proposed
parking plan for the Downtown area.
Councilmember Mills commented on past practice and the delay of decisions
regarding the parking Downtown, and stated he is hesitant to issue an RFP for a
parking study, due to the changing nature of the Downtown.
Councilmember Foat commented on preparing a parking plan with the multitude
of construction Downtown, and commented on issues at Plaza Mercado.
Mayor Oden commented on the timing of the process, and the construction
Downtown.
Councilmember Mills commented on the area around the Desert Fashion Plaza,
the timing of the process with construction, enforcement issues, and commented
on parking at Plaza Mercado.
City Council Minutes
June 27, 2007
Page 14
ACTION: 1) Adopt Resolution No. 21961, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING THE
SUSPENSION OF TWO-HOUR PARKING TIME LIMITS ON PORTIONS OF
INDIAN CANYON DRIVE AND BELARDO ROAD FROM ALEJO ROAD TO
RAMON ROAD AND DOWNTOWN CITY OWNED PARKING LOTS AND THE
PARKING STRUCTURE UNTIL JUNE 30, 2008;" and 2) Direct staff to
reevaluate the suspension of parking at Plaza Mercado in summer or early fall.
Motion Mayor Pro Tem Pougnet, seconded by Councilmember McCulloch
and unanimously carried on a roll call vote.
3. LEGISLATIVE:
3.A, PROPOSED ORDINANCE MODIFYING COMPENSATION FOR THE
MAYOR AND MEMBERS OF THE CITY COUNCIL:
City Manager Ready provided background information as outlined in the
staff report dated June 27, 2007.
Mayor Oden stated the compensation is not livable, and requested that
the Mayor have the ability to form a compensation committee.
Councilmember Foat commented on the amount of the proposed
increase, and timing issues for the increase to be in effect.
ACTION: 1) Waive the reading of the text and introduce by title only; 2)
Introduce on first reading Ordinance No. 1716, "AN ORDINANCE OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS
1.01.110, 2.04.020 AND 2,04.021 OF THE PALM SPRINGS MUNICIPAL
CODE MODIFYING THE COMPENSATION FOR THE MAYOR AND
MEMBERS OF THE CITY COUNCIL;" 3) Direct staff to return this
ordinance for second reading and adoption at the first meeting in October;
and 4) Direct the City Manager to form a Compensation Committee.
Motion Councilmember Foat, seconded by Mayor Oden and carried
4-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember McCulloch, Mayor Pro
Tem Pougnet, and Mayor Oden.
NOES: Councilmember Mills.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
5.A. APPROVAL OF AN ENCROACHMENT LICENSE TO DILLON WIND
PROJECT, LLC, FOR A PRIVATE HIGH-VOLTAGE ELECTRIC
City Council Minutes
June 27, 2007
Page 15
SYSTEM WITHIN THE RIGHT-OF-WAY OF ❑IABLO ROAD, DILLON
ROAD, AND MELISSA LANE IN SECTION 9, T3S, R5E:
David Barakian, City Engineer, provided background information as
outlined in the staff report dated June 27, 2007.
The City Council recessed at 11:16 P.M.
The City Council reconvened at 11:20 P.M.
ACTION: Tabled the Item to July 11, 2007. Motion Mayor Pro Tern
Pougnet, seconded by Councilmember Mills and unanimously
carried on a roll call vote.
S.B. PURCHASE OF A SCULPTURE ENTITLED JUNGLE RED BY ARTIST
DELOS VAN EARL FOR $35,000 FOR PLACEMENT IN THE MEDIAN
LOCATED AT WARM SPRINGS DRIVE AND RAMON ROAD:
John Raymond, Director of Community and Economic Development,
provided background information as outlined in the staff report dated June
27, 2007.
Councilmember Mills commented on the installation of decorative rock,
landscaping, and lighting of the artwork.
ACTION: 1) Adopt Minute Order No. 8060, Approving an Agreement for
Purchase and Sale of Public Art between the City of Palm Springs and
Delos Van Earl for $35,000 in a form acceptable to the City Attorney; 2)
Authorize the City Manager to execute all necessary documents; and 3)
Direct staff to review landscaping and lighting of the artwork and submit to
Architectural Advisory Board and the Public Arts Commission. A5511.
Motion Councilmember Foat, seconded by Mayor Pro Tern Pougnet
and unanimously carried on a roll call vote.
5.C. APPOINTMENT OF VARIOUS COMMISSIONERS AND BOARD
MEMBERS FOR THE 2007 ANNUAL RECRUITMENT PROCESS:
City Clerk Thompson provided background information as outlined in the
staff reporl dated June 27, 2007.
ACTION: Reappoint Daun DeVore and appoint William P. Johnson to the
Administrative Appeals Board for the terms ending June 30, 2010.
Motion Councilmember Mills, seconded by Mayor Oden and
unanimously carried on a roll call vote.
ACTION: Reappoint Maile Klein and appoint Jerry Trussell and Sidney
Craig to the Human Rights Commission for the terms ending June 30,
2010, and appoint Marguerite Freeman to the Human Rights Commission
for the unexpired term ending June 30, 2008- Motion Councilmember
0 �)
City Council Minutes
June 27, 2007
Page 16
Foat, seconded by Councilmember Mills and unanimously carried on
a roll call vote.
ACTION: Reappoint Ronald Willison and Matthew Bousquette to the
Library Board for the term ending June 30, 2010. Motion Councilmember
Mills, seconded by Mayor Oden and unanimously carried on a roll
call vote.
ACTION: Appoint Sidney Chambers to the Personnel Board for the term
ending June 30, 2010. Motion Councilmember Foat, seconded by
Mayor Oden and unanimously carried on a roll call vote.
Discussion was held regarding postponement of the appointments to the
Public Arts Commission, along with information and qualifications of the
subcommittee recommendations, and the inclusion of the Commission
Chair in the interviews.
ACTION: Reappoint Michael Stern, appoint Robert Stone for the longest
term and appoint James Kennedy, to the Public Arts Commission. Motion
Councilmember Mills, seconded by Mayor Oden and failed 2-3 on a
roll call vote.
AYES: Councilmember Mills and Mayor Oden.
NOES: Councilmember Foat, Councilmember McCulloch, and
Mayor Pro Tem Pougnet.
MOTION: Postpone the appointments to the Public Arts Commission,
place on the agenda for the next meeting. Motion Councilmember Foat
failed for lack of a second.
ACTION: Reappoint Michael Stern and appoint James Kennedy to the
Public Arts Commission. Motion Councilmember Foat, seconded by
Mayor Pro Tem Pougnet and unanimously carried on a roll call vote.
ACTION: Appoint Robert Stone to the Public Arts Commission for the
longest term. Motion Councilmember Mills, seconded by Mayor Oden
and carried 3-2 on a roll call vote.
AYES: Councilmember Mills, Mayor Pro Tem Pougnet, and Mayor
Oden.
NOES: Councilmember Foat and Councilmember McCulloch.
ACTION: Appoint Martha Johnson to the Rent Review Commission for the
term ending June 30, 2010. Motion Councilmember Foat, seconded by
Mayor Oden and unanimously carried on a roll call vote.
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City Council Minutes
June 27, 2007
Page 17
ACTION: Reappoint Nancy Stuart to the Tramway Board for the term
ending September 19, 2011. Motion Councilmember McCulloch,
seconded by Mayor Oden and unanimously carried on a roll call
vote.
ACTION: Reappoint Jerry Ogburn to the Tramway Board for the term
ending September 19, 2011. Motion Councilmember McCulloch,
seconded by Mayor Oden and carried 4-1 on a roll call vote.
AYES: Councilmember McCulloch, Councilmember Mills, Mayor Pro
Tem Pougnet, and Mayor Oden.
NOES: Councilmember Foat.
ACTION: Appoint Rebecca Terrill and Joe Garcia to the VillageFest Board
for the terms ending June 30, 2010- Motion Councilmember
McCulloch, seconded by Mayor Oden and unanimously carried on a
roll call vote.
ACTION: Direct the City Clerk to place the appointments to the Airport
Commission on the July 18, 2007 Agenda; and direct the City Clerk to re-
advertise and continue to solicit applications for any continued vacancies,
as open until filled. By consensus of the City Council.
Councilmember Foat requested a Study Session to review the process of
Commission and Board appointments.
Mayor Oden recommended that the process by updated to reflect the City
Charter Amendments.
The City Council recessed at 11:47 P.M. as the City of Palm Springs Community
Redevelopment Agency.
The City of Palm Springs Community Redevelopment Agency adjourned at 11:49 P.M.
and the City Council continued.
STUDY SESSION:
SS1. DISCUSSION OF CAPACITY AND POSSIBLE ISSUANCE OF COMMUNITY
REDEVELOPMENT AGENCY DEBT AND ISSUANCE OF BONDS FOR
FUNDING CAPITAL ACQUISITIONS OR PROJECTS:
ACTION: Table to July 18, 2007. By consensus of the City Council.
COUNCILMEMBER COMMENTS AND REPORTS:
Mayor Oden announced the Human Rights Commission forum on Immigration.
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City Council Minutes
June 27, 2007
Page 18
Councilmember Mills requested staff updated the aerial map in Council Chamber,
requested a report on the removal of the basketball backstops at Baristo Park, and
commented on the public comment period.
ADJOURNMENT: The City Council adjourned at 11:56 P.M. to an Adjourned Regular
Meeting, Wednesday, July 11, 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. The City Council will recess on July 5, 2007
in honor of our Nation's Birthday.
APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS
11th DAY OF JULY, 2007.
MAYOR
ATTEST:
City Clerk