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HomeMy WebLinkAbout10/3/2007 - STAFF REPORTS - 2.B.PALM SPRINGS CITY COUNCIL MINUTES MONDAY, SEPTEMBER 17, 2007 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6:05 P.M. PLEDGE OF ALLEGIANCE: Mayor Oden 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: None. 1. PUBLIC HEARINGS: 1.A. 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 September 17, 2007. Councilmember Foat requested staff address the supplemental memorandum regarding Greenhouse Gas (GHG) emissions, and if the policies outlined in the memo are incorporated into the General Plan. The City Council discussed and/or commented on Chapter 1 with respect to Planned Development Districts, public benefit requirements, tighter definition of when a PDD is allowed, and the use of a PDD only when a hardship exists. No City Council direction on Chapter 1 with respect to Administration, Planned Development Districts. The City Council discussed and/or commented on Chapter 2, Land Use Element, with respect to Hotels permitted in the Central Business District, Open Space/Parks, Mixed/Multi-use designation, Sphere of Influence expansion area, Small Hotel preservation policies, Long Range Capital Planning, and Open Space Conservation. ACTION: Direct Staff to include parks as a permitted use in the "Institutional" land use area. By consensus of the City Council.. ITEM NO. �IL�L City Council Minutes September 17, 2007 Page 2 ACTION: Direct staff to modify text in Policy LU2.2 "Ensure that any open space areas that are designated Open Space -- Parks/Recreation (golf courses, etc.) and converted to developable areas (for residential, commercial, etc.) offer in -kind replacement through either land dedication, in -lieu fees or density transfer." By consensus of the City Council. Councilmember Mills stated he has a business related conflict of interest with respect to the three areas for consideration of "Mixed Use," would not participate in the discussion or the vote, and left Council Chamber. ACTION: Direct staff to add the following areas to the "Mixed Use" land use designation: 1) Sunny Dunes near South Palm Canyon Drive (bounded by Sunny Dunes, Industrial Drive, Calle Palo Fierro); and 2) An area near Matthew Drive and Cherokee Drive (bounded by East Palm Canyon, Cherokee, Matthew and Gene Autry, and another bounded by East Palm Canyon Drive, the toe of the slope to the south, City limits to the east and Palm Hills Drive on the west). By consensus of the City Council, noting the absence of Councilmember Mllis, ACTION: Direct staff to return with additional analysis for "Mixed Use" land use designation, for the North Side area (lots fronting the south side of San Rafael from Indian Canyon Drive to Zanjero, lots fronting the west side of Indian Canyon Drive from San Rafael to Santa Catalina, and the parcels at the southeast corner of San Rafael and Indian Canyon Drive). By consensus of the City Council, noting the absence of Councilmember Mills. Councilmember Mills returned to the dais. ACTION: Direct staff to modify the Sphere of Influence expansion area by adding the area as indicated on the supplemental map. By consensus of the City Council. ACTION: Direct staff to add emphasis with respect to the City's support and encouragement of the preservation of small hotels. By consensus of the City Council. The City Council recessed at 7:30 P.M. The City Council reconvened at 7:42 P.M. ACTION: Direct staff to modify Policy AD1.3 to read "Conduct a periodic review and prioritization of capital improvement projects based on strategic plans for Municipal Services." By consensus of the City Council. 000002 City Council Minutes September 17, 2007 Page 3 ACTION: Direct staff to review MSHCP applicability. By consensus of the City Council, The City Council discussed and/or commented on the Circulation Element with regard to street widths and landscape medians. ACTION: Direct staff to review street width and possibly add flexibility to street width, in low density areas on local streets. By consensus of the City Council. ACTION: Direct staff to include the list of specific segments of divided major thoroughfares that would be required to have landscaped medians. By consensus of the City Council. ACTION: Continue the Public Hearing and discussion to the next General Plan meeting on Thursday, September 27, 2007 at 6:00 p.m. Motion Councilmember Mills, seconded by Mayor Pro Tom Pougnet and unanimously carried. PUBLIC COMMENT: None. ADJOURNMENT: The City Council adjourned at 8:45 p.m. to a Regular Meeting, Wednesday, September 19, 2007, at 6:00 p.m. in the Council Chamber, City Hall, preceded by a Closed Session at 4:00 p.m., Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 3R' DAY OF OCTOBER, 2007. MAYOR ATTEST: City Clerk 00.0003 PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, SEPTEMBER 19, 2007 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6:10 p.m. PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard, led the Pledge. INVOCATION: Rev. Kevin Johnson, Bloom in the Desert Ministries, led the Invocation ROLL CALL: PRESENT: Councilmember Foat, Councilmember McCulloch, Councilmember Mills, Mayor Pro Tern Pougnet, and Mayor Oden. ABSENT: None. ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson. PRESENTATIONS: Mayor Oden and the City Council presented a Certificate of Appreciation to Dianne and George Marantz, dedicatina The Michael Marantz Memorial K-9 Field. Darryl Macdonald, Palm Springs Short Film Festival, presented to the City Council, the successful activities of this year's Palm Springs Short Film Festival. REPORT OF CLOSED SESSION: City Attorney Holland stated that the City Council called the meeting to order at 4:00 p.m., and the City Council recessed into Closed Session to discuss items on the posted Closed Session Agenda. No reportable actions were taken. ACCEPTANCE OF THE AGENDA: Councilmember Mills requested Items 2.E., 2.G., and 2.N. be removed from the Consent Calendar, and noted his business related abstention on Items 2.K. and 2.F., Warrant Nos. 1023058, 1023091, 1023092, 1023125, 1023126 and 1023183. Mayor Pro Tern Pougnet requested Items 2.D, and 2.M. be removed from the Consent Calendar for separate discussion. ACTION: Accept the Agenda as amended. Motion Mayor Pro Tern Pougnet, seconded by Councilmember Mills and unanimously carried on a roll call vote. 0000,04 City Council Minutes September 19, 2007 Page 2 PUBLIC HEARINGS: I.A. APPEAL OF THE DECISION OF THE PLANNING COMMISSION DENYING CASE 5.0931 PD 279, CENTURY VINTAGE HOMES, MOUNTAIN GATE, AN AMENDMENT FOR FINAL DEVELOPMENT PLANS TO ALLOW A REDUCED FRONT YARD SET BACK FOR THE 12 REMAINING VACANT LOTS LOCATED WITHIN THE MOUNTAIN GATE DEVELOPMENT AT 900 GATEWAY DRIVE: Item withdrawn at the request of the applicant. City Manager Ready stated he has a property ownership conflict of interest with respect to Item 1.8., did not participate in the discussion(s) bringing the Item forward nor the preparation of the staff report; would not participate in the City Council discussion, and left Council Chamber. I.B. ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND APPROVAL OF CONCEPTUAL PLANS FOR THE SOUTH PALM CANYON DRIVE WIDENING PROJECT, CITY PROJECT NO. 05-03: David Barakian, City Engineer, provided background information as outlined in the staff report dated September 19, 2007. Councilmember Mills requested staff address the transition from four to two lanes. Mayor Oden opened the public hearing, and no speakers coming forward the public hearing was closed. Mayor Pro Tern Pougnet requested staff address the mitigation measures for the Casey's June Beetle (Dinacoma Casey). ACTION: Adopt Resolution No. 22038, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AND ORDERING THE FILING OF A MITIGATED NEGATIVE DECLARATION, AND APPROVING CONCEPTUAL PLANS FOR IMPROVEMENTS TO WIDEN SOUTH PALM CANYON DRIVE TO FOUR LANES BETWEEN MURRAY CANYON DRIVE AND BOGERT TRAIL, INCLUDING WIDENING THE EXISTING BRIDGE OVER CHERLY CREEK (ARENAS NORTH DRAINAGE CHANNEL), SECTIONS 34 AND 35, TOWNSHIP 4 SOUTH, RANGE 4 EAST." Motion Councilmember McCulloch, seconded by Councilmember Mills and unanimously carried on a roll call vote. City Manager Ready returned to the dais. 000005 City Council Minutes September 19, 2007 Page 3 1.C. DESIGNATION OF THE DR. SCHOLL RESIDENCE AT 211 EAST MORONGO ROAD, A CLASS 1 HISTORIC SITE, CASE HSPB NO. 57: Ken Lyon, Associate Planner, provided background information as outlined in the staff report dated September 19, 2007, Mayor Pro Tem Pougnet requested staff address if the subject property was listed in the 2004 Historic Site Survey. Councilmember Mills clarified the report as the City being the Applicant. Councilmember Foat requested staff address the 2004 Historic Site Survey. Mayor Oden commented on the survey and requested staff address the focus on the main house. Councilmember McCulloch requested staff address the 2004 Historic Site Survey, and commented on accuracy of the study. Councilmember Mills commented on the process of developing the 2004 Historic Site Survey. Mayor Oden commented on the 2004 Historic Site Survey. Mayor Oden opened the public hearing, and the following speaker addressed the City Council. TERRI COHN, Property Owner, commented on her immediate plans to divide and sell the property, and stated her opposition to the Class 1 Designation. UNNAMED SPEAKER, commented on the land surrounding the property and spoke in opposition to the proposed designation. Mayor Oden requested the owner address her experience with the process, education and interaction with the Historic Site Board. JADE NELSON, commented on the 2004 Historic Site Survey, and in support of the proposed historic designation. No further speakers coming forward, the public hearing was closed. Councilmember McCulloch stated the property is not significant for a Class 1 Historic Site and spoke against the designation. 000aCS City Council Minutes September 19, 2007 Page 4 Councilmember Mills commented on the process of the 2004 Historic Site Survey, stated some of the detailing of the house may be significant, however not enough to classify the property as significant. Mayor Oden commented on the lack of process with the property owner. Councilmember Foat commented on some of the details of the property, and requested the property owner save some of the details of the property. Mayor Pro Tern Pougnet requested staff address the landscape component of the proposed designation, and other findings of the designation. Mayor Oden stated the 2004 Historic Site Survey is a useful tool, and requested the HSPB work and educate owners. ACTION: Decline the Class 1 Historic Site designation for the property at 211 East Morongo Road. Motion Councilmember McCulloch, seconded by Councilmember Mills and unanimously carried on a roll call vote. 1.D. RIGHT-OF-WAY VACATION OF A PORTION OF CAHUILLA ROAD BETWEEN BARISTO ROAD AND RAMON ROAD, IN SECTION 15, TOWNSHIP 4 SOUTH, RANGE 4 EAST; FILE R-06-47: ACTION: 1) Continue the public hearing to October 3, 2007, without public testimony; and 2) Direct the City Clerk to post a Notice of Continuance. Motion Mayor Pro Tern Pougnet, seconded by Councilmember Mills and unanimously carried on a roll call vote. I.E. CASE NO. 5.1104 - LAURICH PROPERTIES - GENERAL PLAN AMENDMENT TO THE SECTION 14 SPECIFIC PLAN, TO ALLOW FINANCIAL INSTITUTIONS WITH DRIVE -THROUGH TELLER FACILITIES AND DRUG STORE / PHARMACIES WITH PRESCRIPTION PICK-UP WINDOWS BE PERMITTED IN THE RESORT/ATTRACTION (RA) ZONE; ACTION: 1) Continue the Public Hearing to October 3, 2007, with no public testimony, at the request of the applicant; 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, Oi GG0 7 City Council Minutes September 19, 2007 Page 5 I01_y14[K«L]IT, ILGI4►rIFi JANET LAIBLIN, AQMD, commented on AQMD activities and provided the City Council information on addressing air quality issues in General Plans and local planning. JESSE DANNER, Owner Snip Snip Buzz, commented on the sign ordinance and restrictions. DUANE ROHRBAUGH, Wyndham Hotel, stated his support of Item 2.N., and requested the City Council approve the Estoppel Certificate to HH Palm Springs LLC. REV. KEVIN JOHNSON, stated his support for Item 2.M., installation of a Palm Springs Peace Pole, and noted the in -kind contributions for the installation. ANDREW GREEN, stated his support for Item 2.M., installation of a Palm Springs Peace Pole. REV. AMANDA BURR, stated her support for Item 2.M., installation of a Palm Springs Peace Pole. DR. BURTON FOGELMAN, stated his support for Item 2.M., installation of a Palm Springs Peace Pole. JONO HILDNER, commented on Measure "C" on the November 6, 2007, Election and the Shadowrock Development Agreement. WILLIE HOLLAND, commented on development of the Gateway Highland Neighborhood. JOY MEREDITH, Palm Springs, announced an upcoming meeting on signs in the Downtown Area and the Main Street candidate forum. The City Council recessed at 7.41 p.m. The City Council reconvened at 7:54 p.m. COUNCILMEMBER COMMENTS AND REQUESTS: Mayor Oden commented on the positive exposure of Palm Springs in the LA Confidential. CITY MANAGER'S REPORT: City Manager Ready announced The California Angels hosting a youth clinic for softball and baseball at the Palm Springs Stadium. The City Council and the Community Redevelopment Agency convened for a Joint Public Hearing at 7:58 p.m. O00068 City Council Minutes September 19, 2007 Page 6 RA1. APPROVAL OF A REIMBURSEMENT AGREEMENT WITH THE PALM SPRINGS INTERNATIONAL FILM FESTIVAL IN AN AMOUNT NOT -TO - EXCEED $150,000 FOR IMPROVEMENTS TO THE PALM CANYON THEATER LOCATED AT 538 NORTH PALM CANYON DRIVE: City Manager Ready provided background information as outlined in the staff report dated September 19, 2007. Mayor Oden opened the public hearing, and no speakers coming forward the public hearing was closed. ACTION: Adopt Resolution No. 22039, "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 TO THE PALM CANYON THEATER, A CITY OWNED PROPERTY, LOCATED AT 538 NORTH PALM CANYON DRIVE, IN FRANCES STEVENS PARK, MERGED PROJECT AREA NO. 1." Motion Mayor Pro Tem Pougnet, seconded by Mayor Oden and unanimously carried on a roll call vote. The City Council recessed and the Community Redevelopment Agency continued at 8:00 p.m. The City Council reconvened at 8:21 p.m. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.13., 2.C., 2.F., 2.H., 2.1., 2.J., 2.K., and 21. Motion Councilmember Foat, seconded by Mayor Oden 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 September 19, 2007, City Council Agenda. Approved as part of the Consent Calendar. 2.13. APPROVAL OF MINUTES: ACTION: Approve the City Council Minutes of September 5, 2007, and September 12, 2007. Approved as part of the Consent Calendar. 2.C. STAFF AUTHORIZED AGREEMENTS FOR AUGUST 2007: ACTION: Receive and file Staff Authorized Agreements covering the period August 1 through August 31, 2007. Approved as part of the Consent Calendar. tlt�i' City Council Minutes September 19, 2007 Page 7 2.F. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 22040, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 8125/07 BY WARRANTS NUMBERED 412369 THROUGH 412426 TOTALING $79,907.64, LIABILITY CHECKS NUMBERED 1023040 THROUGH 1023043 TOTALING $1109.86, AND THREE ELECTRONIC ACH DEBITS OF $1,207,106.99 IN THE AGGREGATE AMOUNT OF $1,288,124.48 DRAWN ON BANK OF AMERICA` 2) Adopt Resolution No. 22041, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1023044 THROUGH 1023133 IN THE AGGREGATE AMOUNT OF $2,806,674.27 DRAWN ON BANK OF AMERICA;" and 3) Adopt Resolution No. 22042, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1023134 THROUGH 1023323 IN THE AGGREGATE AMOUNT OF $1,059,206.89 DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar, noting the business related abstention of Councilmember Mills on Warrant Nos. 1023058, 1023091, 1023092, 1023125, 1023126 and1023183. 2.1­1. AB 2766 AIR QUALITY IMPROVEMENT FUND AUDIT REQUIREMENTS AS OF JUNE 30, 2004, BY THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT: ACTION: Receive and file. Approved as part of the Consent Calendar. 2.1. REQUEST BY FRANCIS LABRANCHE FOR A ONE-YEAR TIME EXTENSION FROM JULY 21, 2006, TO JULY 20, 2007, FOR TENTATIVE TRACT MAP 31230 FOR THE UPTOWN VILLAGE DEVELOPMENT (ASSOCIATED CASE NO. 5.0999 PDD 296) LOCATED AT THE NORTHWEST CORNER OF ZANJERO ROAD AND VIA OLIVERA ROAD: ACTION: Adopt Resolution No. 22043, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION FROM JULY 21, 2006, TO JULY 20, 2007, FOR TENTATIVE TRACT MAP 31230 FOR THE UPTOWN VILLAGE DEVELOPMENT (ASSOCIATED CASE NO. 5.0999 PDD 296) LOCATED AT THE NORTHWEST CORNER OF ZANJERO ROAD AND VIA OLIVERA ROAD, ,ZONE PDD-296, SECTION 3." Approved as part of the Consent Calendar. 2.J. REQUEST BY FRANCIS LABRANCHE FOR A ONE-YEAR TIME EXTENSION FROM JULY 21, 2007, TO JULY 20, 2008, FOR TENTATIVE TRACT MAP 31230 FOR THE UPTOWN VILLAGE 000010 City Council Minutes September 19, 2007 Page 8 DEVELOPMENT (ASSOCIATED CASE NO. 5.0999 POD 296) LOCATED AT THE NORTHWEST CORNER OF ZANJERO ROAD AND VIA OLIVERA ROAD: ACTION: Adopt Resolution No. 22044, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION FROM JULY 21, 2007, TO JULY 20, 2008, FOR TENTATIVE TRACT MAP 31230 FOR THE UPTOWN VILLAGE DEVELOPMENT (ASSOCIATED CASE NO. 5.0999 PDD 296) LOCATED AT THE NORTHWEST CORNER OF ZANJERO ROAD AND VIA OLIVERA ROAD, ZONE PDD-296, SECTION 3." Approved as part of the Consent Calendar. 2.K. AGREEMENT WITH PALM SPRINGS UNIFIED SCHOOL DISTRICT TO PROVIDE A FULL TIME POLICE OFFICER AT THE PALM SPRINGS HIGH SCHOOL CAMPUS FOR THE 2007-08 SCHOOL YEAR: ACTION: 1) Approve an agreement with the Palm Springs Unified School District to provide a full time police officer at Palm Springs High School including the Ramon Academy, for the 2007-08 school year; and 2) Authorize the City Manager to execute all necessary documents. A5553. Noting the business related abstention of Councilmember Mills. Approved as part of the Consent Calendar, 2.L. ACCEPT THE DONATION FROM DIANNE AND GEORGE MARANTZ, THROUGH G & M CONSTRUCTION, FOR THE RECONSTRUCTION AND MODERNIZATION OF THE POLICE CANINE TRAINING FIELD, AND NAMING THE CANINE FIELD THE MICHAEL MARANTZ MEMORIAL K-9 FIELD: ACTION: 1) Accept the donation from Dianne and George Marantz, through G & M Construction, to the City of Palm Springs Police Department, for the reconstruction and modernization of the Police Canine Training Field in an amount equivalent to $35,000; and 2) Adopt Resolution No. 22045, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, NAMING THE POLICE CANINE FIELD THE MICHAEL MARANTZ MEMORIAL K-9 FIELD." Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: 2.D. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1719, AMENDING THE ZONING MAP BY APPROVING A CHANGE OF ZONE FROM C-1 TO R-3 FOR THE PROPERTY LOCATED AT 1404 NORTH PALM CANYON DRIVE: ACTION: Waive further reading and adopt Ordinance No. 1719, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING A CHANGE OF ZONE 000011 City Council Minutes September 19, 2007 Page 9 FROM C-1 TO R-3 FOR THE PROPERTY LOCATED AT 1404 NORTH PALM CANYON DRIVE." Motion Councilmember Mills, seconded by Mayor Oden and carried 4-1 on a roll call vote. AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills, and Mayor Oden. NOES: Mayor Pro Tern Pougnet. 2,E. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1716, MODIFYING COMPENSATION FOR THE MAYOR AND MEMBERS OF THE CITY COUNCIL: ACTION: Waive further reading and adopt 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 COMPENSATION FOR THE MAYOR AND MEMBERS OF THE CITY COUNCIL." Motion Mayor Pro Tern Pougnet, seconded by Councilmember McCulloch and carried 4-1 on a roll call vote. AYES: Councilmember Foat, Councilmember McCulloch, Mayor Pro Tem Pougnet, and Mayor Oden, NOES: Councilmember Mills. 2.G. SUMMARY VACATION OF A PORTION OF VIA MIRALESTE IN SECTION 11, TOWNSHIP 4 SOUTH, RANGE 4 EAST, FILE R-07-003: Councilmember Mills requested staff address the adjoining property, stated he would like to add a condition(s) to the vacation to submit a landscape plan, required maintenance and irrigation. Mayor Pro Tern Pougnet requested staff clarify the history and the responsibilities of the property owner. ACTION: 1) Continue the Item to October 3, 2007; and direct staff to add conditions to the vacation for the submission of a landscape plan and required maintenance and irrigation. Motion Councilmember Mills, seconded by Mayor Oden and unanimously carried on a roll call vote. 2.M. INSTALLATION OF PALM SPRINGS PEACE POLE: Mayor Pro Tern Pougnet requested the City Manager place this Item on the October 3, 2007 agenda For approval. ACTION: Receive and file. By consensus of the City Council. 000012 City Council Minutes September 19, 2007 Page 10 2.N. APPROVE AN ESTOPPEL CERTIFICATE REQUESTED BY HH PALM SPRINGS LLC, A TENANT OF THE CITY AND THE OWNER OF THE WYNDHAM HOTEL: Councilmember Foat requested staff address the recent history of City Council action for this property. ACTION: Authorize the City Manager, on behalf of the City, to execute the Estoppel Certificate as requested by HH Palm Springs LLC. A2738, Motion Councilmember Mills, seconded by Councilmember Foat and unanimously carried on a roll call vote. 3. LEGISLATIVE: 3.A. PROPOSED ORDINANCE AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 12.20.020 TO UPDATE THE PRIMA FACIE SPEED LIMITS ON VARIOUS CITY STREETS: City Manager Ready and City Engineer Barakian provided background information as outlined in the staff report dated September 19, 2007. Mayor Pro Tern Pougnet expressed concern for the speed limit on Murray Canyon. Councilmember Mills requested staff address the process and if the City Council could alter the proposed Speed Limits and any ramifications. ACTION: 1) Waive the reading of the ordinance text in its entirety and read by title only; and 2) Introduce on first reading Ordinance No. 1720, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 12,20.020, RELATING TO THE ESTABLISHMENT OF PRIMA FACIE SPEED LIMITS ON VARIOUS CITY STREETS." Motion Councilmember Foat, seconded by Mayor Pro Tern Pougnet and carried 4-1 on a roll call vote. AYES: Councilmember Foat, Councilmember McCulloch, Mayor Pro Tem Pougnet, and Mayor Oden, NOES: Councilmember Mills. 3.13. STATE REQUIRED ORDINANCE ADOPTING THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS' PROGRAM TO ACQUIRE COMMERCIAL REAL PROPERTY BY oo0a1`3 City Council Minutes September 19, 2007 Page 11 EMINENT DOMAIN IN THE MERGED PROJECT AREA NO. 1 AND MERGED PROJECT AREA NO, 2 REDEVELOPMENT PROJECTS: John Raymond, Director of Community and Economic Development, provided background information as outlined in the staff report dated September 19, 2007. ACTION: 1) Waive the reading of the ordinance text in its entirety and read by title only; and 2) Introduce on first reading Ordinance No. 1721, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AND ADOPTING THE COMMUNITY REDEVELOPMENT AGENCY'S PROGRAM TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN IN THE REDEVELOPMENT MERGED PROJECT AREA NO. 1 AND MERGED PROJECT AREA NO. 2." Motion Councilmember Foat, seconded by Councilmember Mills and unanimously carried on a roll call vote. 3.C. PROPOSED ORDINANCE ADOPTING PUBLIC SAFETY RADIO SYSTEM COVERAGE REGULATIONS: City Manager Ready provided background information as outlined in the staff report dated September 19, 2007. ACTION: 1) Waive the reading of the ordinance text in its entirety and read by title only; and 2) Introduce on first reading Ordinance No. 1722, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 11.03 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PUBLIC SAFETY RADIO SYSTEM COVERAGE." Motion Mayor Pro Tern Pougnet, seconded by Councilmember Mills and unanimously carried on a roll call vote. 4, UNFINISHED BUSINESS: None. 5.A. LETTER TO GOV. ARNOLD SCHWARZENEGGER REQUESTING RECONSIDERATION AND THE RELEASE OF TRIBAL GAMING SPECIAL DISTRIBUTION FUNDS: City Manager Ready provided background information as outlined in the proposed letter dated September 19, 2007. ACTION: Authorize the Mayor and City Council to execute a letter to Gov. Arnold Schwarzenegger requesting reconsideration and the release of Tribal Gaming Special Distribution Funds, and requesting a meeting with the Governor and Gubernatorial Staff along with City Representatives to discuss the impact of Special Distribution Funds to the City. Motion 000014 City Council Minutes September 19, 20D7 Page 12 Councilmember Mills, seconded by Councilmember McCulloch and unanimously carried on a roll call vote. 5.13. APPOINTMENT OF A TWO MEMBER COUNCIL SUBCOMMITTEE FOR THE WYNDHAM HOTEL: ACTION: Appoint Mayor Oden and Councilmember Mills to a City Council Subcommittee to address renovations and possible City participation with the new owners and operators of the Wyndham Hotel. Mayor Pro Tem Pougnet as the alternate. Motion Councilmember Foat, seconded by Councilmember Mills and unanimously carried on a roll call vote. 5.C. APPOINTMENT OF A TWO MEMBER COUNCIL SUBCOMMITTEE TO INTERVIEW CANDIDATES FOR THE NEW CHIEF OF POLICE: ACTION: Appoint Councilmember Foat and Councilmember Mills to a City Council Subcommittee to interview candidates for the new Chief of Police. Motion Mayor Pro Tem Pougnet, seconded by Councilmember Mills and unanimously carried on a roll call vote. 5.1). REQUEST FOR EXTENSION OF TIME FOR SUBDIVISION IMPROVEMENT AGREEMENT NO. A5100, WITH KRIZMAN DESERT INVESTMENTS, LLC, FOR TRACT MAP 31263: David Barakian, City Engineer, provided background information as outlined in the staff report dated September 19, 2007. ACTION: Authorize the Director of Public Works/City Engineer to approve a 12-month extension of time for the completion of improvements associated with Agreement No. A5100, a subdivision improvement agreement, Tract Map 31263, with Krizman Desert Investments, LLC. A5100. Motion Mayor Pro Tem Pougnet, seconded by Councilmember Mills and unanimously carried on a roll call vote. COUNCILMEMBER COMMENTS AND REPORTS: Councilmember Foat requested a report on an update of approved projects, an update on the two properties near the Racquet Club, and commented on the CVAG Homeless programs update. Mayor Pro Tem Pougnet requested information on the activities of the Orchid Tree Inn, and suggested aggressive enforcement. Councilmember McCulloch commented on the Orchid Tree Inn. Mayor Oden commented on the activities and events attended by the Mayor's Office. 000015 City Council Minutes September 19, 2007 Page 13 ADJOURNMENT: The City Council adjourned, in memory of Michael Marantz, at 9:15 p.m., to interview Airport Commission applicants, Wednesday, September 26, 2007, at 5:30 P.M. in the Large Conference Room, City Hall, preceded by a Closed Session at 4:00 P.M., Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs, APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 3"o DAY OF OCTOBER, 2007. ATTEST: City Clerk 000aig PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, SEPTEMBER 26, 2007 LARGE CONFERENCE ROOM. CITY HALL CALL TO ORDER: Mayor Oden called the meeting to order at 5:52 P.M PRESENT: Councilmember Foat, Councilmember McCulloch, Councilmember Mills, Mayor Pro Tern Pougnet, and Mayor Oden. ABSENT: None. ALSO PRESENT: City Manager Ready and City Clerk Thompson. PUBLIC COMMENT: None. REPORT OF CLOSED SESSION: City Clerk Thompson stated the meeting was called to order at 4:00 p.m. and the City Council recessed into Closed Session to discuss items on the posted Closed Session agenda. No reportable actions were taken. 1. INTERVIEW CANDIDATES FOR THE AIRPORT COMMISSION AND APPOINTMENTS TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION: The City Council interviewed candidates for the Palm Springs International Airport Commission: Chuck Cheeld, Bob Elsner, Monica Moore, Robert Simmons, Ruben Andrade, Jeff Diebley, Morton Gubin, Barbara Randlett, Ralph Villani, G.P. Gerber, James Stuart. ACTION: Appoint Chuck Cheeld to the Airport Commission for the unexpired term ending June 30, 2008. By unanimous consensus of the City Council. ACTION: Appoint Bob Elsner to the Airport Commission for the unexpired term ending June 30, 2009. By unanimous consensus of the City Council. ACTION: Appoint Robert Simmons to the Airport Commission for the term ending June 30, 2010. Motion Councilmember Foat, seconded by Mayor Pro Tern Pougnet and carried 3-2 on a roll call vote. AYES: Councilmember Foat, Mayor Pro Tern Pougnet and Mayor Oden. NOES: Councilmember McCulloch and Councilmember Mills. ADJOURNMENT: The City Council adjourned at 8:50 p.m. to the adjourned meeting, Thursday, September 27, 2007, at 4:30 p.m. in the Council Chamber, City Hall, followed by Closed Session at 5:00 p.m., Small Conference Room, City Hall; then continuing to 000017 City Council Minutes September 26, 2007 Page 2 the General Plan meeting at 6:00 p.m. in the Council Chamber, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. ADOPTED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 3RD DAY OF OCTOBER, 2007. ATTEST: City Clerk 00©OIL $ PALM SPRINGS CITY COUNCIL MINUTES THURSDAY, SEPTEMBER 27, 2007 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 4:35 p.m., in the City Hall Large Conference Room, for the purpose of interviewing candidates. ROLL. CALL: PRESENT: Councilmember Foat, Councilmember McCulloch, Councilmember Mills, Mayor Pro Tern Pougnet, and Mayor Oden. ABSENT: None. ALSO PRESENT: City Clerk Thompson. PUBLIC COMMENT: None. INTERVIEW CANDIDATES FOR THE PARKS AND RECREATION AND PUBLIC ARTS COMMISSIONS AND/OR POSSIBLE APPOINTMENTS: The City Council interviewed Sherry Moore for the Public Arts Commission and Ron Greenip for the Parks and Recreation Commission. ACTION: Direct the City Clerk to schedule further interviews for the Public Arts Commission. By consensus of the City Council. ACTION: Appoint Ron Greenip to the Parks and Recreation Commission for the unexpired term ending June 30, 2009. Motion Mayor Oden, 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. The City Council recessed at 5:10 p.m. into Closed Session, to discuss items on the posted Closed Session Agenda, CALL. TO ORDER: The City Council reconvened and Mayor Oden called the meeting to order at 6:07 p.m., in Council Chamber. PLEDGE OF ALLEGIANCE: Mayor Oden 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. City Council Minutes September 27, 2007 Page 2 REPORT OF CLOSED SESSION: City Attorney Holland stated that at 5:00 p.m., the City Council recessed into Closed Session to discuss items contained on the posted Closed Session Agenda. No reportable actions were taken. PUBLIC COMMENT: None. PUBLIC HEARING: I.A. 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 continued from the September 17, 2007 General Plan Meeting, and the memos to the City Council dated September 27, 2007. The City Council discussed and/or commented on the Traffic Analysis in the General Plan Appendix B, with respect to Chia Road. ACTION: Direct staff to remove Chia from the General Plan circulation map from Sunrise to Farrell. By consensus of the City Council. The City Council discussed/and or commented Chapter 4 Circulation Element with regard to street widths. ACTION: Direct staff to modify Chapter 4 Circulation Element as recommended in the supplemental memo dated September 27, 2007, but allow one set of criteria for local streets both public and private, with the text currently proposed for local streets; and 2) Direct staff to modify the text for Local and Private Secondary Streets Item 3 "pedestrian pathways or sidewalks if located along the street shall be separated ..." By consensus of the City Council. Councilmember Mills stated he has a business related conflict of interest with respect to the discussion of the proposed expansion of San Rafael/Indian Canyon mixed -use area, would not participate in the discussion or the vote, and left Council Chamber. The City Council discussed and/or commented on the proposed expansion of San Rafael/Indian Canyon mixed -use area. ACTION: Direct staff to include the North Side (lots fronting the south side of San Rafael from Indian Canyon Drive to Zanjero, lots fronting the west side of Indian Canyon Drive from San Rafael to Catalina), and the parcel at the southeast corner of San Rafael and Indian Canyon Drive as a mixed -use designation. By consensus of the City Council, noting the absence of Councilmember Mills. City Council Minutes September 27, 2007 Page 3 Councilmember Mills returned to the dais The City Council discussed and/or commented on Section 2.22 in the Land Use Element, Special Policy Areas - Palm Hills. ACTION: Direct staff to modify policy LU14.5 to read "Maximum density is 1 unit per acre (residential or hotel); prohibit development on slopes above 30W and delete the text in action item LU14.2. By consensus of the City Council, noting the objection of Councilmember Foat and Mayor Pro Tom Pougnet. The City Council recessed at 7:35 p.m. The City Council reconvened at 7:44 p.m. The City Council commented on and/or discussed Chapter 5, Recreation, Open Space and Conservation Element. ACTION: Direct staff to allow the total acreage of developed parkland be increased by including City -owned, open -to -the -public golf courses in the acreage count. By consensus of the City Council. ACTION: Direct staff to delete the text which reads, "Consider buying out the lease of the O'Donnell Golf Course to convert to park use before the expiration of the lease in 2034." By consensus of the City Council. ACTION: Direct staff regarding page 5-25 Policy RC5.4, to retain the proposed language as written with respect to relief/relaxation from development standards in exchange for developers providing parks and trails within/through their project" By consensus of the City Council. The City Council discussed and/or commented on Chapter 7, Air Quality, no further direction or amendments to the proposed new text on Greenhouse Gas Emissions in response to the California Attorney General. The City Council commented on and/or discussed Chapter 9, Community Design with respect to Palm Skirt Trimming, Neighborhood Character, Traffic Calming, conditions to bring non -conforming into conformance, undergrounding existing overhead electrical lines. ACTION: Direct staff to include a goal in the General Plan that includes the current trimming of palm trees with "shirts" at 12 feet on Filliferas, up to 6' below the live fronds on Robustas; and add an additional goal of "skinning" of Robusta palms up to the skirt line, and phasing out Robustas by replacing them with Filliferas when they die or need replacement. By consensus of the City Council noting the objection of Councilmember Foat and Mayor Oden. City Council Minutes September 27, 2007 Page 4 ACTION: Direct staff to retain the currently proposed text on page 9-50 Action Item 22.5 as is which notes to initiate an update to the existing single-family residential zoning code to require that new development be appropriate to and compatible with the scale, character and the surrounding neighborhood. By consensus of the City Council. ACTION; Direct staff to retain the currently proposed text on page 9.50 Action CD22.6 as it relates to studying (delete fund) the placement of appropriate traffic - calming features, but add text that reads, "such as curvilinear streets with popouts" within residential neighborhoods. By consensus of the City Council. ACTION: Direct staff to retain the currently proposed text on page 9-23 Action CD52 relating to revising the zoning code to bring non -compliant conditions into compliance in a shorter timeframe than currently required. By consensus of the City Council. ACTION: Direct staff to add more emphasis to the text on page 9.8 Action CD1.1 as it relates to accelerating the undergrounding of existing overhead wires either through exploring funding opportunities or other means. By consensus of the City Council. The City Council discussed and/or commented on the proposed update of the preservation ordinance. ACTION: Direct staff to retain the text as is on page 9.68 relating to establishing a review process for the development or alteration of survey properties. By consensus of the City Council. The City Council discuss and/or commented on billboards adjacent to the freeway. ACTION: Direct staff to delete the text on page 9-77 as it relates to removing billboards adjacent to the 1-10 freeway. By consensus of the City Council. The City Council discussed and/or commented on a land use area along Farrell near Tachevah, and possibly modifying the current use of industrial to single family residential, and how it effects the EIR. No action or direction given to staff on modifying the land use along Farrell near Tachevah. ACTION: 1) Continue the public hearing to October 17, 2007; and 2) Direct the City Clerk to post a notice of continued public hearing. Motion Councilmember Foat, seconded by Councilmember Mills and unanimously carried on a roll call vote. City Council Minutes September27, 2007 Page 5 COUNCILMEMBER COMMENTS: Mayor Oden requested the City Manager place the use of the Palm Springs Stadium for concerts and the noise ordinance on an upcoming meeting agenda for discussion. City Manager Ready indicated that the issue is currently being placed on the Parks and Recreation Agenda for their recommendation to the City Council. ADJOURNMENT: The City Council adjourned at 9:00 p.m., to the next regular meeting, Wednesday, October 3, 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 3RD DAY OF OCTOBER, 2007, ATEING-51 ATTEST: City Clerk