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HomeMy WebLinkAbout2006-04-05 STAFF REPORTS 2B PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, MARCH 15, 2006 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6:09 P.M. PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard led the Pledge. INVOCATION: Rabbi Ofseyer, Temple Isaiah, led the Invocation. ROLL CALL: PRESENT: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, Mayor Pro Tem Foat, and Mayor Oden. ABSENT: None. ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson. REPORT OF CLOSED SESSION: City Attorney Holland reported that at 4:00 P.M. the meeting was called to order and the City Council recessed into Closed Session to discuss matters on the posted Closed Session Agenda. No reportable actions were taken. ACCEPTANCE OF THE AGENDA: City Clerk Thompson stated staff requested Consent Calendar Item 2.F. be withdrawn from the Agenda. City Clerk Thompson stated staff requested the City Council Continue Public Hearing Item 1.13. to April 5, 2006 and to direct the City Clerk to post a Notice of Continued Public Hearing. Councilmember Pougnet requested Item 2.1. be removed from the Consent Calendar for separate discussion. Councilmember Mills noted his business related abstention on Consent Calendar Item 2.J. Mayor Pro Tern Foat requested Item 2.G. be removed from the Consent Calendar for separate discussion. ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded by Mayor Pro Tern Foat and unanimously carried on a roll call vote. PRESENTATIONS: Mayor Oden and the City Council presented a Certificate of Appreciation to Lloyd Maryanov, the City Council's appointee to the Mount San Jacinto Winter Park Authority (Tramway) Board for his service to the Board and the City of Palm Springs. Item No. 2 . B . City Council Minutes March 15, 2006 Page 2 Fire Chief Blake Goetz announced recent promotions in the Fire Department and administered the Oath of Office to new Firefighters Dustin Brown, Mark Mead, and Ronald Skyberg. Mayor Oden and the City Council presented a Certificate of Appreciation to the Palm Springs Squadron 11, Civil Air Patrol for their Outstanding Service to the Nation and the Community of Palm Springs. Peter Moruzzi, President of the Palm Springs Modern Committee presented the City Council the National Trust for Historic Preservation Award recognizing the City of Palm Springs as one of America's Dozen Distinctive Destinations. 1. PUBLIC HEARINGS: Mayor Pro Tern Foat stated she has a property ownership conflict of interest with respect to Public Hearing Item I.A. and would not participate in the discussion and the vote and left Council Chamber at 6:35 P.M. I.A. APPLICATION BY DESIGN ARC, AGENT FOR 803 NORTH PALM CANYON LLC, TENTATIVE TRACT MAP 34214, CASE NO. 5.1068, PLANNED DEVELOPMENT DISTRICT 316, TO SUBDIVIDE APPROXIMATELY 0.55 ACRES FOR CONSTRUCTION OF A MIXED-USE PROJECT CONSISTING OF 12 TWO-STORY RESIDENTIAL CONDOMINIUMS, COMMERCIAL BUILDING, PARKING GARAGE, AND ASSOCIATED LANDSCAPING LOCATED AT 803 NORTH PALM CANYON DRIVE: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated March 15, 2006. Mayor Oden opened the public hearing, and the following speakers addressed the City Council. DOUG MYHR, Applicant, stated he was available to answer any questions and requested the City Council support the project. WALLACE HRDLICKA, Applicant, provided background information with respect to the project and amenities and requested the City Council approve the project. No further speakers coming forward, the public hearing was closed. Councilmember Mills commented on and requested clarification regarding the setback requirements, the outcome of neighborhood meetings, requested clarification for a condition relating to a BID in the uptown area, and complemented the Applicant for the quality of the project. Councilmember Pougnet requested clarification with respect to the lighting of the project parking lot. City Council Minutes March 16, 2006 Page 3 Councilmember Mills requested staff include a condition for the project to be subject to a BID if implemented in the future. City Attorney Holland stated the City Council may amend the Conditions of Approval by adding Condition No. 6.5 to read as follows: The property owner shall not contest or protest the formation of a BID or similar public improvement or maintenance financing mechanism and such requirements shall be included in the CCR's. ACTION: Adopt Resolution No. 21534, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO ADOPT A NEGATIVE DECLARATION, AND APPROVE CASE NO. 5.1068, A PLANNED DEVELOPMENT DISTRICT 316, AND TENTATIVE TRACT MAP 34214, TO SUBDIVIDE APPROXIMATELY 0.55 ACRES FOR CONSTRUCTION OF A MIXED-USE PROJECT CONSISTING OF 12 TWO-STORY RESIDENTIAL CONDOMINIUMS, COMMERCIAL BUILDING, PARKING GARAGE, AND ASSOCIATED COMMON SPACE AND LANDSCAPING LOCATED AT 803 NORTH PALM CANYON DRIVE, ZONE C-1 / R-2, SECTION 10, APN 505-283- 009" as amended by adding to Section 6 of the Resolution subject to the Conditions of Approval attached as Exhibit A and adding Condition 6.5 to the Conditions of Approval to read The property owner shall not contest or protest the formation of a BID or similar public improvement or maintenance financing mechanism and such requirements shall be included in the CCR's. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Oden. NOES: None. ABSENT: Mayor Pro Tern Foat. The City Council recessed at 6:49 P.M. The City Council reconvened at 6:53 P.M. Mayor Pro Tern Foat returned to the dais. I.B. FOUR SEASONS TENTATIVE TRACT MAP 31525, APPLICATION BY K. HOVNANIAN COMPANIES, SUBDIVIDING AN APPROXIMATE 23.9 ACRE PARCEL INTO 70 SINGLE-FAMILY RESIDENTIAL LOTS AND TWO WATER QUALITY LOTS AND DEDICATED PARKLAND: ACTION: 1) Continue the Public Hearing to April 5, 2006; and 2) Direct the City Clerk to post a Notice of Continued Public Hearing. Approved under Acceptance of the Agenda. City Council Minutes March 15, 2006 Page 4 I.C. APPLICATION BY H&H INVESTMENTS LLC, TAHQUITZ PLAZA, CASE NO. 5.1025, PLANNED DEVELOPMENT DISTRICT 307, FOR A RETAIL SHOPPING CENTER ON AN APPROXIMATE EIGHT-ACRE SITE, LOCATED AT THE NORTHWEST CORNER OF TAHQUITZ CANYON WAY AND SUNRISE WAY, SECTION 14 SPECIFIC PLAN AREA: Edward Robertson, Principal Planner, provided background information as outlined in the staff report dated March 15, 2006. Mayor Oden opened the public hearing, and the following speakers addressed the City Council. HANK GORDON, Rancho Mirage, requested Public Safety Condition No. 15 be removed, but would agree to participate in the Community Facilities District. ALAN SANBOURN, commented on the approval by Architectural Review Board. No further speakers coming foward, the public hearing was closed. Mayor Pro Tem Foat requested clarification with respect to the main entrance on Tahquitz Canyon. Councilmember Mills requested clarification on a condition for the Northerly building and the North elevation of the supermarket building, and on-site retention along with the sequencing with respect to possibly connecting to a master storm drain. Mayor Pro Tern Foat commented on the reduction of landscaping from 30 feet to 18 feet, requested clarification with respect to Condition No. 12, a possible covenant on the median for surrounding properties, the shopping cart theft system and a process to keep the parking lot clean. Councilmember Pougnet commented on the layout and design, requested clarification on the landscaping and the tenant mix with fast food drive-thru. Mayor Oden requested clarification on the maturity of the proposed landscaping. Councilmember Mills commented on the view and feel from the street, requested clarification on parking, requested planter islands in certain areas of the parking lot and thanked the developer for a good project. ACTION: Adopt Resolution No. 21535, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 5.1025 AND PLANNED DEVELOPMENT DISTRICT 307, FOR THE DEVELOPMENT AND OPERATION OF A RETAIL SHOPPING CENTER CONTAINING APPROXIMATELY 94,000 SQUARE FEET OF RETAIL SPACE IN FOUR COMMERCIAL STRUCTURES, ALONG WITH APPURTENANT SITE City Council Minutes March 15, 2006 Rage 5 DEVELOPMENT AND LANDSCAPING, ON AN APPROXIMATE EIGHT-ACRE PARCEL LOCATED ON THE NORTHWEST CORNER OF SUNRISE WAY AND TAHQUITZ CANYON WAY, SECTION 14, T4S, R4E, SBBM" amending Section 3 of the Resolution to read: Approve Case No. 5.1025 and Planned Development District 307, subject to the Conditions of Approval described on Exhibit A, and adding one Condition to the Conditions of Approval to provide for the addition of 3 (three) landscaping islands on the North side along the Supermarket. Motion Councilmember Mills, seconded by Mayor Pro Tern Foat and unanimously carried on a roll call vote. PUBLIC COMMENT: LIIN JUNIPER, Southern California Edison, commented on energy conservation and current programs offered by Southern California Edison. ESTER MATADAMA, commented on the lack of business for taxi-drivers. DANA STEWART, Palm Springs, commented on eco-development and requested the City require alternative power sources. JOHN WILLIAMS, Palm Springs, read a letter from the Historic Site Preservation Board regarding preservation. SHARON CRAIN, commented on Homeless issues and services for abused Women in the City of Palm Springs. WILLIE HOLLAND, commented on crime incidents occurring in the Gateway Highland neighborhood. VERN HOLLOWAY, commented on Homeless issues in Sunrise Park and in the City of Palm Springs, and commented on low-income housing. TIM SANTIAGO, Palm Springs, commented on Homeless issues in the City of Palm Springs. ROXANN FLOSS, Palm Springs, commented on the National Trust award to the City of Palm Springs and commented on Historic properties; complemented the City on improved updates and notices. COUNCILMEMBER COMMENTS AND REQUESTS: None. CITY MANAGER'S REPORT: None. The City Council recessed at 7:56 P.M. as the Community Redevelopment Agency. The City Council reconvened at 8:00 P.M. City Council Minutes March 15, 2006 Page 6 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.H., 2.J., 2.K., 21., 2.M., 2.N. and 2.0. Motion Mayor Pro Tern Foat, seconded by Councilmember Mills and unanimously carried on a roll call vote. Z.A. REPORT ON POSTING OF THE AGENDA: ACTION: Receive and File the Report on the Posting of the March 15, 2006, City Council Agenda. Approved as part of the Consent Calendar. 2,13. APPROVAL OF MINUTES: ACTION: Approve the City Council Minutes of March 1, 2006, and March 8, 2006. Approved as part of the Consent Calendar. 2„C. STAFF AUTHORIZED AGREEMENTS FOR FEBRUARY 2006: ACTION: Receive and file Staff Authorized Agreements covering the period February 1 through February 28, 2006. Approved as part of the Consent Calendar. 2,13. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 21536, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 2-11-06 BY WARRANTS NUMBERED 409949 THROUGH 410003 TOTALING $65,540.57, LIABILITY CHECKS NUMBERED 1011297 THROUGH 1011325 TOTALING $128,989.80, THREE WIRE TRANSFERS FOR $53,483.02, AND THREE ELECTRONIC ACH DEBITS OF $850,486.72 IN THE AGGREGATE AMOUNT OF $1,098,500.11 DRAWN ON BANK OF AMERICA;" and 2) Adopt Resolution No. 21537, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1011326 THROUGH 1011588 IN THE AGGREGATE AMOUNT OF $1,696,982.39 DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar. 2.E. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1685, AMENDING THE ZONING MAP FROM P (PROFESSIONAL) TO R-2 (LIMITED MULTI-FAMILY RESIDENTIAL) FOR APPROXIMATELY 1.14 ACRES, FOR THE PROPERTY LOCATED IN THE VICINITY OF THE SOUTHWEST CORNER OF NORTH SUNRISE WAY AND VISTA CHINO ROAD, ZONE P, SECTION 11: ACTION: Waive further reading and adopt Ordinance No. 1685, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP FROM P (PROFESSIONAL) TO R-2 (LIMITED MULTI- FAMILY RESIDENTIAL) FOR APPROXIMATELY 1.14 ACRES, FOR THE PROPERTY LOCATED IN THE VICINITY OF THE SOUTHWEST CORNER OF NORTH SUNRISE WAY AND VISTA CHINO ROAD, ZONE P, SECTION 11." Approved as part of the Consent Calendar. City Council Minutes March 15, 2006 Page 7 2.F. AMENDMENT NO. 6 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN, FISCAL YEAR 2005-06: ACTION: Withdrawn from the Agenda at the request of staff. Approved as part of the Consent Calendar. 2.H. TREASURER'S INVESTMENT REPORT AS OF JANUARY 31, 2006: ACTION: Receive and File the Treasurer's Investment Report as of January 31, 2006. Approved as part of the Consent Calendar. 2.J. APPROVAL OF FINAL MAP 33561 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH P.S. VENTURE INDIAN CANYON/SAN RAFAEL, LLC, FOR A 2 LOT TRACT MAP FOR CONDOMINIUM PURPOSES, LOCATED AT THE NORTHEAST CORNER OF INDIAN CANYON DRIVE AND SAN RAFAEL DRIVE: ACTION: 1) Adopt Resolution No. 21538, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 33561 FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF INDIAN CANYON DRIVE AND SAN RAFAEL DRIVE, IN SECTION 35, TOWNSHIP 3 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH P.S. VENTURE INDIAN CANYON/SAN RAFAEL, L.L.C., A DELAWARE LIMITED LIABILITY COMPANY;" and 2) Authorize the City Manager to execute all necessary documents. A5246. Approved as part of the Consent Calendar, noting the business related abstention of Councilmember Mills. 2.K. AGREEMENT WITH TERRA NOVA PLANNING & RESEARCH, INC. FOR EIR ADDENDUM FOR DEVELOPMENT AGREEMENT EXTENSION, TRAMWAY ROAD USE AGREEMENT, AND RELATED PLANNING SERVICES FOR THE SHADOWROCK DEVELOPMENT PROJECT, CASE NO. 5.0609, AN APPROVED PLANNED DEVELOPMENT DISTRICT FOR A DESTINATION RESORT, INCLUDING AN 18-HOLE CHAMPIONSHIP GOLF COURSE, GOLF CLUBHOUSE, FUTURE RESIDENTIAL LOTS, HOTEL/RESORT, AND RESERVOIR SITE ON A 340 ACRE SITE: ACTION: 1) Adopt Minute Order No. 7832, Approving an agreement with Terra Nova Planning & Research, Inc, for the EIR addendum for Development Agreement Extension and Tramway Road Use Agreement and related planning services for the Shadowrock Development Project, Case No. 5.0609, not to exceed $66,790.00; and 2) Authorize the City Manager to execute all necessary documents in a form acceptable to the City Attorney. A5247. Approved as part of the Consent Calendar. City Council Minutes March 15, 2006 Page 8 21. AGREEMENT WITH TERRA NOVA PLANNING & RESEARCH, INC. FOR "FOCUSED ENTITLEMENT AND EIR" PLANNING SERVICES FOR THE HARD ROCK HOTEL - NEXUS DEVELOPMENT PROJECT OF UP TO 250 HOTEL ROOMS AND 250 RESIDENTIAL CONDOMINIUMS ON APPROXIMATELY 12 ACRES AT THE SOUTHEAST CORNER OF ANDREAS ROAD AND CALLE EL SEGUNDO: ACTION: 1) Adopt Minute Order No. 7833, Approving an agreement with Terra Nova Planning & Research, Inc, for "Focused Entitlement and EIR" planning services for the "Hard Rock Hotel' Project, not to exceed $77,370.00; and 2) Authorize the City Manager to execute all necessary documents in a form acceptable to the City Attorney. A5248. Approved as part of the Consent Calendar. 2.M. AMENDMENT NO. 3 TO AGREEMENT NO. A4821 WITH SIGNATURE FLIGHT SUPPORT CORPORATION TO PROVIDE AN ADDITIONAL 19 MONTHS FOR THE PURPOSE OF CONSTRUCTING ITS NEW MULTI- MILLION DOLLAR CORPORATE FACILITY AND REMOVE LANGUAGE REQUIRING A PAYMENT OF $35,989.28 TO SIGNATURE FLIGHT SUPPORT CORPORATION FROM THE AIRPORT UPON COMPLETION OF DEMOLITION TO HANGAR (PARCEL 13): ACTION: 1) Adopt Minute Order No. 7834, Authorizing Amendment No. 3 to Agreement No. A4821, with Signature Flight Support Corporation, Fixed Base Operator (FBO), to provide an additional 19 months for the purpose of constructing its new multi-million dollar corporate facility and remove language requiring a payment of $35,989.28 to Signature Flight Support Corporation from the Airport upon completion of demolition to Hangar (Parcel 13); and 2) Authorize the City Manager to execute all necessary documents. A4821. Approved as part of the Consent Calendar. 2.N. REMOVABLE BOLLARDS FOR VILLAGEFEST AND SPECIAL EVENTS, CITY PROJECT NO. 05-25: ACTION: 1) Adopt Minute Order No. 7835, Approving the purchase of removable bollards from Creative Pipe, Inc., in the amount of $50,121.73, to be installed for VillageFest and special events in the Downtown area, City Project No. 05-25; and 2) Authorize the City Manager to execute all necessary documents. Approved as part of the Consent Calendar. 2.0. AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING REGARDING MEASURES TO MINIMIZE AND MITIGATE TAKE OF THE COACHELLA VALLEY FRINGE-TOED LIZARD: ACTION: 1) Adopt Minute Order No. 7836, Approving Amendment No. 4 to Agreement No. 4366 Memorandum of Understanding regarding measures to minimize and mitigate take of the Coachella Valley fringe-toed lizard by extending the Agreement to June 30, 2006; and 2) Authorize the City Manager to execute Amendment No. 4 to the Agreement. A4366. Approved as part of the Consent Calendar. City Council Minutes March 15, 2006 Page 9 EXCLUDED CONSENT CALENDAR: 2.1. EXTENSION OF THE GRANT FROM THE OFFICE OF TRAFFIC SAFETY FOR DRIVING UNDER THE INFLUENCE ENFORCEMENT AND COLLISION REDUCTION PROGRAM THROUGH MARCH 31, 2007: Police Chief Gary Jeandron provided background information as outlined in the staff report dated March 15, 2006. ACTION: 1) Adopt Minute Order No. 7831, Approving an extension to Agreement No. A4671 with the State of California, Office of Traffic Safety, extending the Driving Under the Influence (DUI) Enforcement and Collision Reduction Program grant through March 31, 2007; and 2) Authorize the City Manager to execute all necessary documents to extend the grant. A4671. Motion Councilmember Pougnet, seconded by Councilmember McCulloch and unanimously carried on a roll call vote. 2„G. AMENDMENT NO. 2 TO AGREEMENT NO. A3865 WITH THE BUILDING INDUSTRY ASSOCIATION: Mayor Pro Tem Foat requested clarification on the process for a business to request a listing on the kiosk and confusion with signs for Palm Springs Village. ACTION: 1) Adopt Minute Order No. 7830, Approving Amendment No. 2 to Agreement No. A3865 with the Building Industry Association extending the term to March 31, 2010, and amending the definition of "Contract Officer;" and 2) Authorize the City Manager to execute all necessary documents. A3865. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. 3, LEGISLATIVE: 3.A. PROPOSED ORDINANCE RELATING TO THE ESTABLISHMENT OF A CONTRACTUAL PROCESS FOR THE PROVISION OF POLICE TOW SERVICES: Police Chief Gary Jeandron provided background information as outlined in the staff report dated March 15, 2006. Mayor Pro Tern Foat commented on a standard manual for training of the tow- truck drivers and a code of conduct for drivers/operators. Councilmember Mills requested clarification as to if staff has met with our current tow providers and the responses, and priority for local vendors. City Council Minutes March 15, 2006 Page 10 ACTION: 1) Waive the reading of the Ordinance text in its entirety and introduce by title only; 2) Introduce on first reading Ordinance No. 1686, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 11.82 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE ESTABLISHMENT OF A CONTRACTUAL PROCESS FOR THE PROVISION OF POLICE TOW SERVICES;" and 3) Direct staff to incorporate a Code of Conduct for tow operators/drivers in the contracting process. Motion Councilmember Mills, seconded by Mayor Pro Tern Foat and unanimously carried on a roll call vote. 4„ UNFINISHED BUSINESS: None. 5„ NEW BUSINESS: None. COUNCILMEMBER COMMENTS AND REPORTS: Councilmember Pougnet commented on a letter to Planning regarding land use permit 04-26, and requested staff review the process to remove the ATM cover on the Washington Mutual Building. Mayor Pro Tern Foat requested an update with the residents on Milo Drive, and Assistant City Manager Wilson responded with an update. Mayor Pro Tern announced new businesses in the City of Palm Springs. Councilmember Mills commented on the problems with Milo Drive, the public comment portion of the agenda, the process of issuing permits to historical structures and requested staff review the permitting procedures on major thoroughfares; requested the HSPB review the current ordinance and develop a process to accomplish their needs, and requested a report from staff on Howard Manor and Orchid Tree. Mayor Oden outlined the activities and events attended by the Mayor's office, and announced that Councilmember Pougnet received the 2006 Community Leadership Award from Desert Business Association. Mayor Oden requested a report with respect to the request of the Airport Commission regarding the rotational voting member requirement and status. Mayor Oden requested the City Council adjourn the meeting in memory of Brian Alan Prieto. ADJOURNMENT: The City Council adjourned in memory of Brian Alan Prieto. at 8:45 P.M. to a Study Session and Adjourned Meeting on Wednesday, March 22, 2006, at City Council Minutes March 15, 2006 Page 11 6:00 P.M., City Hall, City Council Chamber, preceded by a Closed Session at 4:00 P.M., City Hall, Small Conference Room, 3200 East Tahquitz Canyon Way, Palm Springs. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 5"" DAY OF APRIL, 2006. MAYOR ATTEST: City Clerk PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, MARCH 22, 2006 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6:03 P.M. PLEDGE OF ALLEGIANCE: Mayor Oden led the Pledge. ROLL CALL: PRESENT: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. ABSENT: Councilmember McCulloch. ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson. REPORT OF CLOSED SESSION: City Attorney Holland stated that at 4:00 P.M. the meeting was called to order and the City Council recessed into Closed Session to discuss items posted on the Closed Session Agenda. No reportable actions were taken. ACCEPTANCE OF THE AGENDA: Mayor Pro Tern Foat requested Item 2.A. be removed from the Consent Calendar for separate discussion. Councilmember Mills stated he would like the City Council to withdraw Item RA2. from the Agenda and refer to staff and a future City Council study session. Withdrawn motion. Councilmember Mills requested Item RA2. be removed from the Community Redevelopment Agency Consent Calendar for separate discussion. ACTION: Accept the Agenda as Amended. Motion Mayor Pro Tern Foat, seconded b,y Councilmember Mills and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern Foat and Mayor Oden. NOES: None. ABSENT: Councilmember McCulloch. PRESENTATIONS: Mayor Oden and the City Council presented a proclamation to Lloyd and Minna Maryanov for their outstanding public service and proclaimed March 22, 2006 as Lloyd and Minna Maryanov day in the City of Palm Springs, and presented them with the key to the City. City Council Minutes March 22, 2006 Page 2 PUBLIC COMMENT: LENNY CAPRINO, Palm Springs, spoke in favor of turning O'Donnel Golf Course into a public park. JIM STUART, Palm Springs, requested the Airport Commission consist of Palm Springs members only; commented the State disbanded the parole boards within the State, and praised the Palm Springs Police Department for a job well done. DANIA DUKE, General Manager Hyatt Palm Springs, commented on the Police Department and how local businesses can partner with the Police Department to reduce crime. BOB HELBING, Palm Springs, commented on problems with the Tuscany Heights development and suggested the City develop an "Adopt-a-Median" program for median maintenance. JOEL DOUGLAS, Palm Springs, commented on a rise in crime in the Old Las Palmas neighborhood; and stated Old La Palmas would be obtaining a private security service for their neighborhood. JOY MEREDITH, Palm Springs, commented on the Police Advisory Committee and stated the Committee is very community orientated. MARK STAFFORD, provided current arrest and crime statistics, and programs developed by the Police Department. MANUEL MONTOYA, commented on crime in the City of Palm Springs and complimented the Police Department. COUNCILMEMBER COMMENTS AND REQUESTS: None. CITY MANAGER'S REPORT: None. 1., STUDY SESSION: SS1. SOUTHERN CALIFORNIA INSTITUTE OF ARCHITECTURE: Jeffrey Inaba, Southern California Institute of Architects presented background information and a Power Point Presentation and outlined the results of their project. Mayor Oden requested clarification of doing nothing v. nothing to do; and activities for residents and guests. Mayor Pro Tem Foat requested clarification on the future of the proposal. City Council Minutes March 22, 2006 Page 3 Mayor Oden commented on the proposed publication of the findings. The City Council recessed at 7:21 P.M. The City Council reconvened at 7:32 P.M. SS2. POLICE CRIME STATISTICS: Bob Dickenson, representing the Neighborhood Organizations, provided information regarding the perception of crime with respect to the citizens and the Neighborhood Organizations and requested the City Council appoint a Task Force or a Sub-Committee on Crime. Police Chief Gary Jeandron provided background information and a Power Point Presentation; commented on crime statistics and crime prevention in the City of Palm Springs. Captain Hall provided information on the Crime Suppression Team. Captain Stars provided information on directed patrols. Dr. Gisela Bichler, Associate Director, Center for Criminal Justice, commented on crime rates and how the statistics are generated. Mayor Oden commented on reporting of hate crimes and improvements made reporting hate crimes; commented on how the City addressed crimes by having a City police department and how the department responds to victims of crimes. Councilmember Pougnet requested clarification with respect to the hiring of private security companies for individual neighborhoods; and the Police Advisory Committee. Mayor Pro Tern Foat requested clarification with respect to the type of crime in the Downtown area and eliminating perceptions of crime. Councilmember Mills commented on the population statistics and peaks and the crime hot spot downtown and how Palm Springs differs from the other cities in the Coachella Valley. Mayor Oden commented on the Police Advisory Committee, the Citizens Police Academy, Citizens on Patrol programs. 2. CONSENT CALENDAR: ACTION: Approve Item 2.B. Motion Councilmember Pougnet, seconded by Mayor Pro Tern Foat and unanimously carried 4-0 on a roll call vote. City Council Minutes March 22, 2006 Page 4 AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern Foat and Mayor Oden. NOES: None. ABSENT: Councilmember McCulloch. 2.13. AMENDMENT NO. 6 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN, FISCAL YEAR 2005-06: ACTION: Adopt Resolution No. 21540, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 6 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN, ADOPTED BY RESOLUTION NO. 21284." Approved as part of the Consent Calendar. EXCLUDED CONSENT CALENDAR: 2.A. APPROVE SUBMITTAL OF BIDS TO PURCHASE SURPLUS HEAVY EQUIPMENT FROM THE REGIONAL STREET SWEEPING PROGRAM: Councilmember Foat requested clarification on the funding request with respect to the minimum bid, and if the City was bidding on a package. ACTION: 1) Adopt Minute Order No. 7837, Authorizing the City Manager to submit sealed bids to purchase surplus heavy equipment from the Coachella Valley Association of Governments (CVAG) in an amount not-to-exceed $250,000 providing for up-to a 10% variance in the amount of the bid at the discretion of the City Manager, and 2) Adopt Resolution No. 21539, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING THE BUDGET FOR FISCAL YEAR 2005-06" as amended by allowing up-to a 10% increase at the discretion of the City Manager. Motion Councilmember Mills, seconded by Mayor Pro Tern Foat and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern Foat and Mayor Oden. NOES: None. ABSENT: Councilmember McCulloch. 3. LEGISLATIVE: None. 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: None. The City Council Recessed at 8:46 P.M. as the Community Redevelopment Agency. The City Council reconvened at 9:09 P.M. City Council Minutes March 22, 2006 Page 5 COUNCILMEMBER COMMENTS AND REPORTS: Mayor Pro Tern Foat reported on a recent event attended at the Riviera Hotel, and the progress of the Homeless Task Force. Mayor Oden announced the activities and events attended by the Mayor's Office. ADJOURNMENT: The City Council adjourned at 9:14 P.M. to a Regular Adjourned Meeting on Wednesday, March 29, 2006, at 6:00 P.M., City Hall, City Council Chamber, preceded by a Closed Session at 5:00 P.M., City Hall, Small Conference Room, 3200 East Tahquitz Canyon Way, Palm Springs. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 51H DAY OF APRIL, 2006. MAYOR ATTEST: City Clerk PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, MARCH 29, 2006 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6:05 P.M. PLEDGE OF ALLEGIANCE: Councilmember Pougnet led the Pledge. ROLL CALL: PRESENT: Councilmember McCulloch, Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. ABSENT: Councilmember Mills. ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson. REPORT OF CLOSED SESSION: City Attorney Holland stated that at 5:00 P.M. the meeting was called to order and the City Council recessed into Closed Session to discuss items on the posted Closed Session Agenda. No reportable actions were taken. ACCEPTANCE OF THE AGENDA: ACTION: Accept the Agenda as presented. Motion Councilmember McCulloch, seconded by Councilmember Pougnet and unanimously carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. NOES: None. ABSENT: Councilmember Mills. PRESENTATIONS: None. PUBLIC COMMENT: KENNETH WHITE, Upland, provided the legal status of Medical Marijuana Dispensaries in the State of California, and stated support for Medical Marijuana. The City Council recessed at 6:08 P.M. The City Council reconvened at 6:11 P.M. WAYNE FAHRBACH, Desert Hot Springs, stated his support for the use of Medical Marijuana and Dispensaries. DOUGLAS LANPHERE, Perris, stated his support of Medical Marijuana Dispensaries and commented on the legal status of Dispensaries in the State of California. City Council Minutes March 29, 2006 Page 2 LaVONNE VICTOR, Temecula, stated her support for Medical Marijuana Dispensaries. MARTIN VICTOR, Temecula, commented on the legal status of Medical Marijuana Dispensaries in the State of California and stated his support for Dispensaries. LANNY SWERDLOW, Palm Springs, commented on the benefits of Medical Marijuana Dispensaries, stated his support for the Moratorium if amended to address his concerns in Section 8 of the proposed ordinance. A,LAN LAYTON, La Quinta, provided information on the County Card program and stated his support for Medical Marijuana Dispensaries. KEITH KNAUSS, Palm Springs, commented on the status and the future of the Desert Fashion Plaza, stated he does not support the current plans for the development. PAULA AUBURN, Palm Springs, stated her support for Medical Marijuana; commented on the development of the Desert Fashion Plaza. SUMMER GLENNEY, stated her support for Medical Marijuana Dispensaries and requested the City Council allow for input from the users with respect to development of final regulations. GARRY SILVA, stated his opposition to a moratorium on Medical Marijuana Dispensaries in the City of Palm Springs. PHIL MORRIS, Palm Springs, stated his support for Medical Marijuana Dispensaries, and the current state of the Palm Springs Caregivers, Inc. a collective. CHRIS CAUHAPE, Indio, commented on the history of drug prohibition in the United States and stated his support for Dispensaries. JOY MEREDITH, Palm Springs, stated her support for Medical Marijuana Dispensaries, commented on procedures and requested a stakeholders meeting during a Moratorium. VENIA LABEAUX, Lake Elisenor, spoke in support of Medical Marijuana Dispensaries and as an activist for Medical Marijuana. SHARON CRAIN, stated her support for Medical Marijuana Dispensaries. LINDA CHABOT LANE, Joshua Tree, stated her support for Medical Marijuana and Dispensaries. RICK PANTELE thanked the employees of the City and stated his support for Medical Marijuana Dispensaries. City Council Minutes March 29, 2006 Page 3 DON BRUHNKE, Palm Springs, stated his support for Medical Marijuana Dispensaries and his support for regulations and input from stakeholders. REBECCA BROWN, Quail Valley, stated her support for Medical Marijuana Dispensaries. JEFF SHOTWELL, Palm Springs, commented on the current Dispensary in the City of Palm Springs and the conditions to his business; requested regulations to Medical Marijuana Dispensaries. JAY BEDNAR, Palm Springs, stated his support of Medical Marijuana Dispensaries and requested regulations for the Dispensaries. COUNCILMEMBER COMMENTS AND REQUESTS: None. CITY MANAGER'S REPORT: None. 1. PUBLIC HEARINGS: None. 2. CONSENT CALENDAR: None. 3. LEGISLATIVE: 3.A. PROPOSED INTERIM URGENCY ORDINANCE RELATING TO THE LEGAL ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES: City Attorney Holland provided background information as outlined in the staff report dated March 29, 2006. Councilmember McCulloch commented on the report by the City Attorney and stated his support for the staff recommendation but requested the proposed establishment that is set to open be exempt from the Moratorium. Mayor Pro Tern Foat commented on the citizens speaking in favor of this issue and the disparity in various laws and competing interests; requested Section 8 of the Ordinance be amended to read that a Task Force be established with the stakeholders. Councilmember Pougnet stated his support for his colleagues statements and the speakers from outside the area; commented on the safety and regulations of Dispensaries. Mayor Oden thanked the speakers who provided information and testimony, commented on the current status of various regulations for Dispensaries and the use of the City name for the Dispensaries. City Council Minutes March 29, 2006 Page 4 Councilmember McCulloch requested clarification modifying the ordinance to regulate operating hours; and commented on the formation of the Sub- Committee. City Attorney Holland read amendments to the proposed ordinance Section 8(2) to read 'coordinate the efforts of the Task Force in preparation of a draft ordinance regulating the location and operation of medical marijuana dispensaries consisting of a Council subcommittee, medical patients, advocates, law enforcement representatives, and other interested parties appointed by the City Manager." Mayor Oden requested clarification on the hours of operation. City Attorney Holland read amendments to Section 10 of the proposed ordinance by adding an exempted dispensary located at 2100 North Palm Canyon Drive, Suites 104 and 105B and clarifying hours of operation for exempted dispensaries. ACTION: Adopt Ordinance No. 1687, "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING A TEMPORARY MORATORIUM ON THE LEGAL ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES WITHIN THE CITY OF PALM SPRINGS FOR A PERIOD OF 45 DAYS PENDING A STUDY OF ZONING REGULATIONS THAT ARE NEEDED TO ALLEVIATE A CURRENT AND ACTUAL THREAT TO THE PUBLIC HEALTH, SAFETY, AND WELFARE" amending Section 8 and 10 of the proposed ordinance and read into the record by the City Attorney. Motion Mayor Pro Tern Foat, seconded by Councilmember McCulloch and unanimously carried 4-0 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Pougnet, Mayor Pro Tem Foat, and Mayor Oden. NOES: None. ABSENT: Councilmember Mills. 4. UNFINISHED BUSINESS: 5. NEW BUSINESS: COUNCILMEMBER COMMENTS AND REPORTS: Councilmember Pougnet requested the City Manager place on the next Agenda the formation of a Homeless Task Force. Mayor Pro Tern Foat requested the City Manager place on the next agenda the appointment of a Medical Marijuana Sub-Committee of the City Council. City Council Minutes March 29, 2006 Page 5 Mayor Oden announced the activities and events attended by the Mayor's Office. Mayor Pro Tern Foat requested the meeting be adjourned in memory of Jerome Buzzard. ADJOURNMENT: The City Council adjourned at 7:50 P.M., in memory of Jerome Buzzard, to the Regular Meeting, Wednesday, April 5, 2006, at 6:00 P.M., City Hall Council Chamber, preceded by a Closed Session at 5:00 P.M., City Hall Small Conference Room, 3200 Tahquitz Canyon Way. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 51H DAY OF APRIL, 2006. MAYOR ATTEST: City Clerk